A COMPILATION
or T1Bl
LAWS OF THE STATE OF NEW YORK,
ELLATION PARTICULARLY TO TOUB
CITY OF NEW YORK.
PRIPARED AT THE REQ EST OF THE COMMON COUNCIL,
B-Y DAVID T. VALENTINE,
AND PUiBLISIHED UNDEnI THEIR DIRECT'IO..
NEW YORK:
EDMUND JONES & CO., PRINTERS TO THE CORPORATION,
No. 26 JOHN STREnT.
1862.




Entered, according to Act of Congress, in the year one thousand eight hundred and sixty-two,
BY DAVID  T. VALENTINE,
in behalf of the Mayor, Aldermen, and Commonalty of the City of New York, in the Clerk's
office of the Southern District of New York.




PREFACE.
IN the preparation of this edition of the Laws relative to the
City, regard has been had to their arrangement in such manner,
as that correlative subjects may be found collected under an
appropriate heading.  This is the plan that has been pursued by
the compilers of the Revised Statutes, and by those of Laws relative to the City published in 1833. It was thought to be more
convenient for reference, than the plan of a chronological series
of laws; nor is its character thereby impaired, as full references
to the original acts are given in connection with the various
sections.
In undertaking the work, the compiler has not been insensible
to the delicacy of the trust reposed in him, and has had due
regard to the importance of entire accuracy. In this respect, he
is confident that the work will bear the strictest criticism.
When any doubt was felt as to the operation and effect of amendments and conflicting provisions, the acts have been left as they
were in the last edition; but provisions obviously obsolete and
inoperative have been omitted, the authority for such omission
being duly noted.
It should be remarked, in order to avoid misapprehension,
that general statutes, or those relating to the State at large,
have not, except in a few instances of special interest, been
included in this work.  This also was the plan adopted in
former compilations.  The Revised Statutes must be referred
to for laws of a general character.
D. T. VALENTINE,
Clerk Common Council.
NEW  YORK, Dec., 1862.




E nR R A. TA.~
Page 329, lines 4, 15 and 45, and page 330, lines 21 and 45, for " Chap. 101, Laws of
1859," read " Chap. 349, Laws of 1859."




TITLES OF ACTS
IRELATING TO
THE CITY OF NEW YORK.
[THE following LIST OF ACTS RELATING TO THE CITY OF NEW
YORK has been made with no little time and labor, to facilitate the investigations of gentlemen who have occasion to
refer to them..These public acts are obsolete or repealed;
but they, nevertheless, have an important bearing upon the
jurisprudence of our city: we refer to the law as it was to
obtain a knowledge of what it is. These acts have also an important connection with titles and rights to property which
have been acquired and are now held under them. They also
exhibit a CONNECTED VIEW of city legislation, from the earliest period. The private acts also are important, as many
titles in the city depend upon them; and reference, therefore,
to those acts is frequently made. There is a provision in our
statute book (2d vol. Rev. Stat. p. 779, ~ 4, App.) which declares, that' No statute, passed by the government of the late
colony of New York, shall be considered as a law  of this
State."  Nevertheless, for the reasons before given, many of
the acts of the provincial assembly have been introducedthose only which appeared to be of sufficient importance to
merit an insertion, or where still supposed to influence, more
or less, some title or right still existing.
The title of acts relating to the city, passed since the organization of our government, it will be perceived, are introduced; and, in many cases, with remarks, which, it is hoped,
will further facilitate the examinations of gentlemen in relation to them. These acts are scattered through a great num1




2                          TITLES OF ACTS.
ber of books, many  of them  scarcely  accessible to many
members of the bar.  They have been collected here in a
body, and indexed. By reference to the index, the subject
matter of the title of the act will be seen. The index refers
to. the page in this list, where the whole title, with a reference
to the book containing the act itself, may without difficulty be
found.]
The preceding was the preface to the volume of Laws relating
to the city of New  York, published by the Common Council
in 1833.  The title  of acts in that volume ended with the
session of the Legislature of 1832.   In the present publication, the list is continued down to and including the session
of 1862, and embraces the titles of all acts passed by the
Legislature  since 1S32, in any way relating to  the city of
New  York, which are not published in this volume.
An Act for settling, quieting, and confirming unto the Cities,
Towns, Manors, and Freeholders, within  this Province, their
several grants, patents, and rights, respectively; passed  April,
1691-Smith & Livingston, vol. 1, p. 2.  Br. 1.
Vide acts of assembly passed in the province of New York, from 1691 to 1718-London, printed by John Basket, 1719. It does not appear that this book has been cited in
any legal work with which we are acquainted.
An Act for regulating the Buildings, Streets, Lanes, Wharves,
Docks, and Alleys of the city of New  York; passed October 1,
1691-S. & L. 8.  Br. 12.
The corporation are, by this act, authorized to appoint surveyors or supervisors of
buildings, &c., and their powers and duties are detailed.
An Act for settling Fairs and Markets, in each respective city
and county throughout the Province; passed  November 11,
1692-S. & L. 11.  Br. 17.
By this act it is declared, there shall be kept yearly, for tne city and county of New
York, two fairs at the city of New York: the first fair annually to commence the last
Tuesday of April in every year, and to end on the Friday next following, being in all
four days, inclusive, and no longer; and the second fai: to commence the first Tuesday
of November in every year, and to end on the Friday next following, being in all four
days, inclusive. And the fair to be holden, together with a court of py-powder, after
the manner of the realm of England.
An Act establishing certain rates upon such Goods and Merchandise as shall be brought unto their Majesties' Beam, in the
weigh-house at New York; passed April 10, 1693-S. & L. 16,
17.
An Act for settling a Ministry, and raising a maintenance for
them, in the city of New  York, county  of Richmond, West



TITLES OF ACTS.                                3
chester and Queens County; passed September 22, 1693-S.
& L. 18. Br. 23.
By this act every city and county is required to call and induct a protestant minister,
and to raise a sum for their support; and the freeholders of every city and county are
required to choose ten vestrymen and two churchwardens. The justices and vestry.
men are empowered to lay a tax upon the cities, counties, parish or precincts, for the
maintenance of the minister and the poor of their respective places.
An Act against unlawful By-laws and unreasonable Forfeitures; passed October, 1695-S. & L. 23.  Br. 25.
This act declares certain by-laws of the city of New York void, in relation to the prohibition of the importation of flour in New York.
An Act for the vacating, breaking and annulling several extravagant grants of land, made by Colonel Fletcher, the late Governor of this province, under his majesty; passed May 12, 1699
-S. & L. 31, 33.  Br. 36.
This act recites the extravagant grants; among them, a grant to John Evqns, of a
swamp and fresh pond; the king's farm, to the churchwardens and vestrymen of Trinity
Church; the king's garden, to Col. Heathcote, &c.
An Act to enable the Ministers and Elders for the time being,
of the French Protestant Church, in the city of New York, to
build a larger church for the worship of Almighty God, in that
congregation, to hold to them and their successors forever;
passed June 19, 1703-S. & L. 52.
The act enables the ministers and elders of the French Church to sell their church
and lot of ground in Petticoat lane, and to buy a larger piece of ground to build a
church.
An Act for granting sundry privileges and powers to the Rectors and Inhabitants of the city of New  York, of the  Communion of the Church of England, as by law  established; passed
June 27, 1704-S. & L. 60.
The act incorporates Trinity Church.
An Act for the better explaining, and more  effectual putting
in execution, an act of General Assembly, entitled " An act for
settling a ministry and raising a maintenance for them, in the
city of New  York, county of Richmond, Westchester and Queens
county," passed August 4, 1705-S. & L. 64.
By this act if the vestrymen and justices neglect to lay a tax in their respective counties and parishes within ten days after they are chosen, the justices are empowered to
lay it.
An Act to prevent the removal of actions of twenty pounds
from  the Mayor's Court of New  York and other courts; passed
October 11, 1709-S. & L. 79.
By an act passed November 29, 1745. Vide post, p. 4. It is enacted that all actions
under twenty pounds shall be commenced in the inferior courts, and shall not be removed into the Supreme Court under a penalty.
An Act for mending and keeping in repair the Post Road
from  New  York to King's Bridge; passed 1713-Br. 86.




4                         TITLES OF ACTS.
An  Act to oblige the inhabitants of each particular ward,
within the city of New  York, to  make good their respective
quotas of all public taxes; passed July 21, 1715-S. & L. 102,
117.
The respective wards of the city made responsible for the defalcation of collectors, &c.
An Act for the more equal and impartial assessing the minister and poor's tax, to be raised within the city and county of
New York, Queens county, Westchester county, and the county
of Richmond; passed July 27, 1721-V. S. 125.  S. & L. 146.
An Act to continue the Road, or King's Highway, from  the
Town of Breuckland, on the Island of Nassau, in the province
of New York; passed July 27, 1721-S. & L. 147.
An Act for the effectual recovery of the arrears of the several
taxes and of the excise therein mentioned; and for securing the
duties on slaves not imported in the city of New York, and for
empow-ering the Treasurer for these purposes; passed July 12,
1729-S. & L. 184.
An Act to prevent swine running at large in the city and
county of New York, the county of Westchester, Queens county,
IKings county, and Richmond county; passed October, 1730-S. &  L. 186.
This act repeals all other acts relating to swine; and directs that no swine shall run
at large in the city of New York, except on land belonging to owner, and emlpowers
freeholders to impound and sell at public vendue swine running at large.
An Act for the more effectual Preventing and Punishing the
Conspiracy and Insurrection of Negroes and other Slaves; for
the better regulating them, and repealing the acts therein mentioned, relating  thereto; passed  October 29, 1730 —. &. L.
193.
This act provides for the payment of the charges for the trial and execution of slaves
in the city of New York, and repeals former acts upon this subject.
An Act to provide able Pilots, and to establish their Pilotage
between Sandy Hook and the Port of New York; passed September 29, 1731-S. & L. 200.
An Act confirming unto the city of New York its Rights and
Privileges; passed October 14, 1732-V. S. 170.
An Act for the better Extinguishment of Fires that may happen in the city of New York; passed December 16, 1737-S.
& L. 263.
By this act the corporation are authorized to elect and appoint forty-two firemen.
An Act to restrain Hawkers and Pedlers within the Colony




TITLES OF ACTS.                             5
from selling without License; passed November 17, 1739 —S. &
L. 276.
This act prohibits hawking in the city of New York, and requires pedlers and hawkers
to be licensed by the treasurer.
An Act for mending  and keeping in  repair the Post Road
from New York to King's Bridge; lpassed November 7, 1741S. & L. 29.3.
An Act to oblige all persons that shall come to Inhabit or
Reside in the city of New York, in order to expose any Goods,
Wares, or Merchandise to Sale, at any time after the annual assessment made for the tax for the maintenance of the minister
and poor of the said city, to pay their due proportion towards
the same; passed November 27, 1741-V. S. 214.
This act authorizes the vestrymen to assess strangers coming in the city, and to deliver the names to the constables, who are required to collect the tax.
An Act for amending and keeping in repair the Public Wells
and Pumps in the city of New  York; passed  November 27,
171- S. & L. 297. V. S. 216.
An Act for explaining and rendering more effectual an act of
the Governor, Council and the General Assembly, entitled an
act to oblige the inhabitants of each particular ward within the
city of New York to make good their respective quotas of all
public taxes; passed April 30, 1743 —V. S. 226.
By this act, the collectors and constables converting the taxes to his or their own
use, the justices or vestry are authorized to add to the succeeding tax the former deficiency of the ward, to be collected therewith and to be paid as the original tax.
An Act to empower the sworn repackers of the city of New
York, for the time being, to  repack  and brand half barrels of
beef and pork; passed May 19, 1744-V. S. 238.
An Act for the speedy punishing  and releasing such persons
from imprisonment, as shall commit any  criminal offences in
the city and county of New York, under the degree of Grand
Larceny; passed September 1, 1744-V. S. 241.
This act authorizes the trial of petty offences, before the mayor, deputy mayor, recorder and aldermen; the mayor, deputy mayor or recorder to be one, who may fine,
imprison, or inflict corporal punishment.
An Act to establish the rates to be taken for Wharfage of
Ships and other Vessels using the three Wharfs therein mentioned; passed  September 21, 1744-V. S. 251, and S. & L.
350.
An Act to enable the Inhabitants of the city of New  York
to choose annually two Vestrymen for each respective Ward
within the said city; passed November 29, 1745-V. S. 267.
By this act, the inhabitants are required to elect two vestrymen for each ward, who,
in conjunction with the justices of the peace, are to lay taxes.




6                         TITLES OF ACTS.
An Act to revive an act, entitled an act to oblige all persons
that shall come to inhabit or reside in the city of New York, in
order to expose any goods, wares, or merchandise to sale at any
time after the annual assessment made for the tax for the maintenance of the minister and poor of the said city, to pay their
due proportions toward  the same; passed May 14, 1745-V.
S. 252.  S. & L. 353.
An Act for taking Affidavits in the several counties within
this colony, to be made use of in the Supreme Court, and empowering the Attorneys of the Supreme Court to practice in
the Mayor's Court of the city of New  York; passed May 3,
1746-V. S. 270.
An Act for regulating fences for the several cities and counties within  this colony of New  York; passed November 24,
1750-S. & L. 2S9.
Corporation of the city of New York authorized to make rules and regulations respecting partition fences, and to impose fines not exceeding twenty shillings, for violating them.
An Act for amending and keeping in repair the Public Road
or High Way, from  the house of John Home, in the Bowery
Division of the out ward of the city of New York, through
Bloomingdale Division, in the said ward, to the house of Admiral Hoogelandt; passed November 25, 1751-303.
This road was laid out in 1703. It was originally laid out four rods wide, and was to
be kept in repair by the inhabitants of Bloomingdale division. To relieve the inhabitants, who were few in number, of the hardships of keeping it in repair, the court of
quarter session of the city and county of New York were directed to appoint a surveyor
of the road, &c.
An Act to prevent the breaking or otherwise injuring Glass
Lamps, in the city of New York; passed November 25, 1751
-S. & L. 306.
This act expired January 1, 1753, and was revived May, 1754-p. 339.
An Act to enable the Mayor, Deputy Mayor, Recorder and
Aldermen of the city of New York, for the time being, or the
major part of them, to raise a tax for mending and keeping in
repair the Public Wells and Pumps in the said city, to the
South of Fresh Water, and other purposes therein mentioned;
passed December 12, 1753-V. S. 318.
By this act, the mayor, deputy mayor, or recorder, with three aldermen, are authorized
to appoint overseers of wells and pumps. It was continued by an, act passed December
24,1759-2 S. & L. 12. V. S. 378.
An  Act to  enable and empower the Mayor, Aldermen and
Commonalty of the city of New  York, and their successors, to
prevent and remove particular nuisances within the same, to
the Southward of the Fresh Water; passed May 4, 1754-V.
S. 339, and 2 S. & L. 36.
This act authorizes the corporation of the city to inclose and to lease out any




TITLES OF ACTS.                                  7
vacant lot or lots south of fresh water, which have become public nuisances, by
throwing upon them all kinds of filth and dirt, &c., and prohibits the owners from reentering upon them until they shall have paid to the corporation the moneys expended,
and lawful interest for the same.
An Act for further explaining and rendering more effectual
the two Acts therein mentioned, so far as they relate to the
city of New  York; passed  February  19, 1756-V. S. 355.  2
S. & L. 91.
By this act, a summary process is instituted against constables refusing to pay the
money collected.
An Act to enforce and render more effectual an Act, entitled
an Act to prevent vagrant and idle persons from being a charge
and expense to any of the Counties, Cities, Towns, Manors, or
precincts  within  the  Province; passed  July   9, 1756-V. S.
361.
This act imposes penalties on masters of vessels and householders entertaining certain
persons-for bringing and not reporting foreigners and strangers, &c.
An Act to prevent the bringing in and spreading of infectious
distempers in this Colony; passed March 24, 1758-                  V. S. 368.
The act. prohibits vessels having contagious distempers on board coming nearer the
city than Bedlow's Island, and imposes a penalty of two hundred pounds upon captains
refusing to make a discovery of persons infected on board his or their vessel.
An Act for removing the prisoners from the City Hall, of the
city of New York, to the new Jail, built by the Mayor, Aldermen  and  Commonalty  of the  said  city, and for appropriating
certain parts thereof to the uses and purposes of a common
Jail for the city and county of New York, passed July 3, 1759
-2 S. & L. 164.  V. S. 375.
An Act to regulate the practice of Physic and Surgery in the
city of New York; passed June 10, 1760-V. S. 382.
The act recites that many ignorant and unskilful persons in physic and surgery, in
order to gain a subsistence, do take upon themselves to administer physic and practice
surgery, to the endangering the lives and limbs of their patients,-declares, that no
person shall practice physic or surgery before being examined by one of his Majesty's
Council, the judges of the Supreme Court, the King's Attorney General and the Mayor
of the city of New York, or by any three or more of them, &c.
An Act to prevent Frauds in the sale of damaged goods imported in this colony; passed Sept. 11, 1761-V. S. 393.
An Act for the more effectual prevention of Fires, and for
regulating Buildings in the city of New York; passed December
31, 1761- V   S. 400.  2S. & L. 231.
By this act, houses erected in New York, after January 1, 1766, to be made of stone
or brick, and to be roofed with tile or slate. On application of the owner of a house,
the sheriff to summon a jury to inspect the same, and on their finding the sufficiency
or insufficience of any building to bear a tile or slate roof, to sign an inquisition accordingly, which is declared shall be good evidence on any prosecution for roofing a house
contrary to the act,
An Act for the punishment of persons in the city of New




8                    TITLES OF ACTS.
York, who shall, by false pretences, obtain any goods, wares or
merchandises, from any person with intent to cheat and defraud
such person; passed December 11, 1762-2 V. S. 424.
An Act to revive an Act, entitled, an Act to prevent the
bringing in and spreading Distempers in this Colony, with addition thereto; passed December, 1763-V. S. 432.
An Act to regulate Pilots, and establish their Pilotage between Sandy Hook and the Port of New York, and other purposes therein mentioned; passed December 13,1763-V. S. 433.
An Act to prevent Hunting with Fire Arms in the city of
New York and the liberties thereof; passed December 20,
1763-V. S. 441.
An Act further to continue an Act, entitled, an Act to enable
the Mayor, Deputy Mayor, Recorder and Aldermen of the city
of New York, for the time being, or the major part of them, to
raise a tax for mending and keeping in repair the Public Wells
and Pumps in the said city, to the south of fresh water; passed
October 20, 1764-V. S. 452.
An Act for the better regulating of the public Roads in the
city and county of New York; passed October 20, 1764-V. S.
458.
An Act to prolong the time for Covering the Buildings in
the city of New York with Slate or Tile, from the first day of
January, in the year of our Lord one thousand seven hundred
and sixty-six, to the first day of January, in the year of our
Lord one thousand seven hundred and sixty-eight; passed December 23, 1765-V. S. 465.
An Act to prevent Frauds, by the adulteration of Potash and
Pearlash; passed December 19, 1766-V. S. 486.
Casks to be marked with the owner's name and residence.
An Act to enlarge the time for the Constables of the city of
New York, who shall be collectors of taxes, to pay in the taxes
to be raised in the said city, and for the more effectual collection
of the taxes already assessed; passed January 13, 1768-V. S.
499.
An Act to ascertain the size of Casks in which white bread
shall be packed within the city of New York, and to regulate
the manner in which the same shall be sold; passed February
6, 176S-V. S. 513.
This act was amended March 24, 1772-Chap. 1547, p. 681.




TITLES OF ACTS.                               9
An Act to suspend an Act, entitled an Act for the more effectual prevention of Fires, and for regulating the buildings in the
city of New  York, and to indemnify such persons as have incurred the penalties mentioned in  said Act; passed  December
31, 1768-V. S. 519.
This act is amendatory of an act of 1761, chap. 1162, and authorizes the erection of
wooden buildings until January, 1774.
An Act further to increase the number of Firemen in the city
of New  York; passed December 31, 1768-V. S. 521.
Forty-nine additional to be appointed.
An Act to amend an Act, entitled, an Act to prevent the exportation of unmerchantable Flour, and the false Taring of Bread
and Flour Casks; passed May 20, 1769-V. S. 537.
This act is amendatory of the act of November 24, 1750, which was the first act in
relation to the inspection of flour. Inspection to be at or cfter the sale; and two inspecters to be appointed, who are to share the profits equally.
An Act for the more effectual collection of taxes in the city
of New  York; passed May 20, 1769-V. S. 538.
By this act, the collector may levy the amount of taxes upon the person in possession,
or upon tne owner living in any other ward, or the owner may be sued when living out
of the city.
An Act for the more effectual prevention of Fires in the city
of New  York; passed December 30, 1769-V. S. 547.
This act prohibits pitch, tar, turpentine, &c., to be put in certain parts of the city, and
the firing of guns, squibs, rockets, &c., south of fresh water.
An Act to establish the Rates to be taken for Wharfage of
Ships and other Vessels; and the Rates to be taken for Cranage
within the city; passed January 27, 1770-V. S. 563.
This act establishes the rates of wharfage and cranage, and authoIizes the owners of
wharves to appoint a wharfinger.
An Act to amend an Act, entitled, an Act for settling a Ministry, and raising a maintenance for them, in the city of New York,
county of Richmond, Westchester, and Queen's county; and an
Act, entitled, an Act to enable the inhabitants of the city of New
York to choose annually two Vestrymen for each respective ward
within the said, so far as the same relates to the election of the
Churchwardens and Vestrymen, of the city of New York; passed January 27, 1770 —V. S. 565.
By this act the churchwardens and vestrymen are to be chosen the same day with the
aldermen and other officers.
An Act to revive an Act, entitled, an Act to enable the Mayor, Deputy Mayor, Recorder and Aldermen of the city of New
York, for the time being, or the major part of them, to raise a
tax for mending  and keeping in repair the public Wells and
Pumps in the said city, to the south of fresh water, and other




10                           TITLES OF ACTS.
purposes therein mentioned, with an addition thereto; passed
January 27, 1770-V. S. 566.
An Act to revive and continue an Act, entitled, an Act to ascertain the size of Casks, in which white Bread shall be packed
within the city of New  York, and  to  regulate  the manner in
which the same shall be sold; passed January  27, 1771-V. S.
566.
This act continues the act amended to January 1, 1775.
An Act further to regulate the Inspection and Branding of
Flour; passed February 16, 1771-V. S. 608.
Flour manufactured out of the colony is required, by this act, to be branded with the
name of the colony where manufactured; and the name of the manufacturer to be
branded on the flour before inspection. The act to continue in force until January 1,
1775.
An Act for the better regulation of the election of officers of
the city of New  York, chosen by virtue of the charter granted
to the said city, and other purposes therein mentioned; passed
February 16, 1771-V. S. 620.
This act was passed to remedy defects in the charter as to what freeholders were entitled to vote, and the rights of freemen of the city. It directs, that no person shall vote
for aldermen, &c., in right of a freehold less than forty shillings, which he or they must
have been one month in possession, unless by descent or devise. And no freeman to
vote unless he has been admitted three months, and has resided in the ward one month.
An Act to  amend  an Act, entitled, an Act to  establish  the
Rates to be taken for Wharfage of Ships and other vessels, and
the rates to  be taken for Cranage, in  the city  of New  York;
passed February 16, 1771-V. S. 625.
This act directs who are responsible for wharfage and cranage.
An Act for the more effectual punishment of persons who shall
be guilty of any of the trespasses therein mentioned in the cities
of New  York and Albany, and township of Schenectady, passed
February 16, 1771-V. S. 626.
This act imposes a penalty of ten pounds upon persons breaking glass windows, porch
knockers, and authorizes the seizure of the offender, where he is not known, and to be
held until his name is discovered.
An Act for the inspection of Sole Leather, in the city of New
York; passed January 22, 1772-V. S. 631.
This act directs that no sole leather be disposed of until inspected, sealed and weighed. The act to remain in force until 1777.
An Act for the inspection of Flax, in  the city of New  York;
passed March 24, 1772-V. S. 681.
This act directs that no flax shall be sold unless inspected and marked.
An Act for the better support of the Hospital to be erected
in the city of New  York; passed March 24, 1772-V. S. 6S5.
This act directs eight hundred pounds annually to be paid to the hospital, for twenty
years, out of the excise in New York.




TITLES OF ACTS.                          11
An Act to settle and establish the line or lines of Division, between the city of New York and the township of HIarlaem, so
far as concerns the right of soil in controversy; passed March
24, 1772.
An Act to regulate the sale of Brick in the city and county of
New York; passed MIarch 8, 1773-V. S. 773.
The size and quality of bricks to be deemed merchantable by this act is given.
An Act to prevent the sale of goods at night, by Vendue, Auction, or outcry, in the city of New York; passed March 8, 1773
— V. S. 774.
An Act to empower the Mayor, Recorder and Aldermen, of
the city of New York, or the major part of them, to order the
raising a sum, not exceeding eighteen hundred pounds, for the
uses therein mentioned; passed February 8, 1774-3 V. 4.
An Act to continue an act, entitled an act to prevent the danger arising from the pernicious practice of lodging Gunpowder
in dwelling-houses, stores or other places within the city of New
York, or on board vessels within the harbor; passed February
8, 1774-3 V. 5.
An Act for the better fixing and ascertaining the division line
between Montgomere Ward and the Out ward of the city of New
York, on the Easterly side of Montgomere Ward; passed February 8, 1774-3 V. 6.
By this act, the division line between the two wards is described.
An Act for the better regulating the public Roads in the city
and county of New York; passed March 9, 1774-3 V. 38.
By this act, the mayor, aldermen and commonalty are made commissioners of roads,
and their powers detailed. Act to remain in force to March 1, 1777.
An Act to lay a tax on Dogs in the cities of New  York and
Albany, and counties of Queen  and Suffolk; passed March 9,
1774 —3 V. 41.
By this act, persons keeping dogs, to pay one shilling for the first, two shillings for
the second, and four shillings for every dog above two. Collectors empowered to distrain for the tax on dogs.
An Act to enable Lewis Morris and John Sickles to erect and
build a Bridge across Harlaem River; passed March 10, 1774-3
V. 76.
An Act for altering the time of assessing and collecting the
taxes for the support of a minister, and the poor in the city of
New York; passed January 31, 1775-3 V. 84.
Tax under this act to be assessed 1st Tuesday of May.




12                      TITLES OF ACTS.
An Act to empower the Mayor, Recorder and Aldermen of the
city of New York, or the major part of them, to order the raising a sum  not exceeding two thousand pounds, for the uses
therein mentioned; passed January 31, 1775-3 V. 85.
By the fourth section, persons breaking or damaging lamps incur a penalty of twenty
pounds.
An Act to amend an act, entitled an act for the more effectual
prevention of Fires, and for the regulation of buildings in the
city of New York; passed April 1, 1775 —3 V. 102.
The act amended, continued to January 1st, 1776. The provisions of this act are
minute and particular in relation to the erection of buildings, &c.
An Act to regulate the Pilots, and establish their pilotage,
between Sandy Hook and the Port of New York, and other purposes therein mentioned; passed April 1, 1775-3 V. 104.
Governor by this act empowered to appoint a master and wardens of the Port of New
York, and to commissionate branch pilots.
An Act to revive an act, entitled an act for the better and
more effectual collection of Taxes in the city of New York;
passed April 1, 1775-3 V. 118.
Continues the act amended to 1785.
An Act to prevent the exportation of unmerchantable Flour,
and the false taring of bread and flour Casks; passed April 3,
1775-3 V. 165.
An Act to confirm  the proceedings of the Commissioners,
heretofore appointed by a law of this Colony, to settle the line
or lines of division between the city of New York and the township of Harlaem, and for establishing the boundary between the
city and township; passed April 3, 1775-3 V. 171.
The lines of division are given.
An Act for admitting in evidence an ancient record of the
office of the Town Clerk, for the city and county of New York,
of an indenture of release from Jacobus Kip and Henrica, his
wife, to Samuel Verplank and others, and the several indorsements thereon, for certain lands therein mentioned; passed April
3, 1775-3 V. 174.
An Act to revive and amend the two acts therein mentioned, respecting Pot and Pearl Ashes; passed April 3, 1775-3
V. 182.
An Act to revive an act, entitled an act for the more effectual punishment of persons who shall be guilty of any of the
trespasses therein mentioned, in the cities of New  York and
Albany, and the Township of Schenectady; passed April, 1775
-3 V. 195.




TITLES  OF ACTS.                                13
An  Act to  ascertain  the  quality  of Pot and Pearl Ashes;
passed April 23, 1784-1 Gr. 100.
One or more inspectors to be appointed for New York. Amended March 29, 1790-2
Gr. 313.
An Act for the inspection of Sole Leather in the city of New
York; passed April 28, 1784-1  Gr. 103.
Common Council to appoint two inspectors for New York.
An Act to prevent the bringing in and spreading of infectious
distempers in this State; passed May 4, 1784-1  Gr. 117.
Designates Bedlow's Island as a place of quarantine, or such other place and for such
time as the governor, in his absence, the mayor of New York, may direct, ind allows
the inspecting physician twenty-eight shillings for each vesselvisited. Ame'ded March
27, 1794-3 Gr. 144.
An Act to prevent the exportation of unmerchantable Flour,
and the false taring of bread and flour Casks; passed March 16,
1785- 1 Gr. 160.
One inspector for New York, and he to appoint his own deputies. Supplementary
act, March 7, 1788-2 Gr. 130.
An Act to restrain hawkers and pedlers; passed April 4, 1785
1 Gr. 176.
Incorporated in the revision of Kent and R. vol. 1, p. 41.
An Act to appoint the place of holding the Supreme Court of
Judicature of this State, in future, and to prolong the terms
thereof, and for other purposes therein mentioned; passed April
7, 1785-1 Gr. 178.
Terms in New York, 3d Tuesday of January and April. Terms in Albany, last Tuesday of July and the third Tuesday in October each year. October and April were terms
of three weeks, January and July terms of two weeks. The clerk's office to be held in
New York, and to appoint a deputy at Albany. Papers, &c., to be removed every six
months to New York.
An Act authorizing the Auditor to audit certain accounts and
claims, and for other purposes therein mentioned; passed April
22, 1785-1 Gr. 183.
Sec. 14 requires auctioneers to make quarterly returns of sales and payments of
duties, under oath, to the state treasurer. Sec. 15 revokes their licenses for neglect
or refusal.
An Act to appoint the place of holding the Supreme Court of
Judicature of this State in April term, 1786; passed March 21,
1786-1 Gr. 209.
Appoints this one term to be held in New York.
An  Act for relief against absconding  and absent Debtors;
passed April 4, 1786-1 Gr. 214.
Notice to be published in two papers printed in the state, one of which to be printed
in the city of New York. Section 23 gives jurisdiction under this act in their own counties to the first judges of the inferior courts of common pleas and to the Mayor and Recorder of New York; amended March 13, 1787-1 Gr. 406.




14                            TITLES OF ACTS.
An Act to regulate the Militia; passed April 4, 1786-1 Gr.
227.
New York to raise one regiment of artillery-Quakers to pay forty shillings as a commutation-to be collected by the ward collectors with other taxes. Militia of Richmond
attached to New York, &c., and repeals all other laws on the subject; amended April
18, 1787-1 Gr. 454.
An Act for the more effectual prevention of Fires in the city
of New  York; passed April 22, 1786-1 Gr. 271.
Regulates the storing of pitch, tar, turpentine, rosin, spirits of turpentine, linseed oil
and shingles, and prohibits the firing of any gun, pistol, rocket, crackers, squibs or other
firework to the southward of fresh water.
An Act for the payment of certain sums of money, and  for
other purposes therein  mentioned; passed May 5, 1786-1 Gr.
279.
Sec. 29 alters the name of " The Marine Society of the city of New York, in the province of New York, in America," to " The Marine Society of the city of New York, in the
state of New York."
An  Act concerning  Justices of the  Peace; passed  January
30, 1787-1 Gr. 297.
Relates to peace powers only-the last section gives to the mayors, recorders, and
aldermen of New York and Albany, the same powers in their respective counties as justices of the peace.
An Act concerning the Courts of Common Pleas and General
Sessions of the Peace; passed  February 5, 1787-1 Gr. 306.
General sessions in New York to be held by the mayor, recorder, and aldermen, or any
three of them, of whom the mayor or recorder, always to be one, on the first Tuesdays of February, May, August and November, each year, terms of one week. Terms
of the Mayors' courts in New York and Albany, extended to three days-in New York to
be held by the same judges as the general sessions. Repeals all former laws for fixing
the times and places of holding the said courts.
An Act for regulating  Elections; passed February 13, 1787
-1 Gr. 316.
Relates to state elections only-to be holden on the lastTuesday in April of each year
for five days, if necessary. The common council of New York on the first Tuesday iu
April, to appoint three inspectors for each ward-the mayor, recorder and aldermen to
canvass the votes for members of assembly on oath. Repeals all former laws relating to
the election of members of assembly; amended February 10, 1791-2 Gr. 339.
An Act to regulate the election of Charter Officers in the city
of New  York, passed February 23, 1787-1 Gr. 374.
The common council to appoint one inspector in each ward for the election in September, under the charter-to order special elections to fill vacancies. Freeholders of
property fronting on the east side of Broadway to vote in the west ward only.
An Act for the better extinguishing of Fires in the city of
New York; passed March 19, 1787-1 Gr. 412.
Common council to appoint not exceeding three hundred firemen, being freeholders or
freemen, &c., who, during their continuance in office, were to be exempt from serving
as constables, and from militia and jury duty, subject to removal at any time. To pass
rules, orders, fines, &c., on them for their government, &c. 150 more firemen authorized, February 18, 1792-2 Gr. 382.
An Act for the more effectual preservation of the Public Wells




TITLES OF ACTS.                                 15
and Pumps in the city of New York; passed March 19, 1787
-1  Gr. 414.
Mayor, recorder and aldermen; or any five of them, of whom the mayor or recorder to
be one, to appoint annually one or more overseers of pumps for each ward, to keep
them in repair, &c. Penalties imposed for maliciously damaging pumps, &c. This act
is incorporated in the revision of Kent and R. vol. 2, 89.
An Act for the better regulating the public Roads in the city
and county of New  York; passed  March 21, 1787-1 Gr. 417.
Common council are appointed commissioners to regulate, lay out, widen, alter and
keep in repair public roads or highways in the city. In widening or altering such public roads or highways, a jury to be summoned before the mayor's court to assess damages, &c  In passing on the roads in carriages, &c., those going out north to give way
for those coming in south. This act is incorporated in the revision of Kent and R. vol.
2, 92.
An  Act  for the  more  easy  Assessment and  Collection of
Taxes in the city and county of New York; passed March 21,
1787-1 Gr. 419.
MIayor, recorder, and aldermen, or the major part of them, of whom the mayor or
recorder to be one, are appointed supervisors. No minister of the gospel, physician,
surgeon, clerk, or attorney, or any late member or clerk of the senate or assembly, or
in any charter capacity, superior to collector or constable, to be compelled to serve as
collector or constable.
An Act for the more effectual punishment of persons who
shall be guilty of the trespasses therein mentioned, in the cities
of New York, Albany and Hudson, and the township of Schenectady; passed March 24, 17S —1 Gr. 426.
Imposes penalties of $25, and authorizes any officer or watchman to arrest any person
guilty of (or being present at, except by accident) the breaking, &c., any glass lamp,
window, porch, knocker, or other fixture, extended to special justices by the act of June
18, 1812-6 W. p. 539, and repealed by the repealing act of Dec. 10, 1828-3 Rev. L. p.
129, This act is incorporated in the r3vision of Kent and R. vol. 2, p. 185.
An Act for the more speedy Recovery of Debts to the value
of Ten Pounds; passed April 17, 1787-1 Gr. 445.
By the 20th section, as many assistant justices as the council of appointment should
think necessary, are to be appointed for the city and county of New York, and to have
jurisdiction under this act in civil matters, and repeals certain other acts on the same
subject therein mentioned; amended February 21, 1791-2 Greenleaf, p. 345, so far as
to declare that no alderman of New York, by virtue of his office, should have jurisdiction to try causes to ten pounds under this act.
An Act for regulating  the Buildings, Streets, Wharves, and
Slips, in the city of New  York; passed  April 16, 1787-1 Gr.
441.
Common council to appoint surveyors of and make by-laws for regulating buildings,
streets, wharves and slips-to prevent buildings encroaching on the streets-jury to
assess damages-to direct the making common sewers, drains and vaults, paving, altering, mending, and cleaning the streets.  Commissioners to make the assessments,
&c., &c.
An Act concerning  Apprentices  and  Servants; passed  February 6, 178-22   Gr. 26.
Overseers of the poor of New York, by and with the consent of the mayor, recorder,
and aldermen, or any two of them, to bind out poor children; amended by the act of
March 7, 1788-2 Gr. p. 133.




16                            TITLES OF ACTS.
An Act concerning Courts of Oyer and Terminer, and Jail
Delivery; passed February 22, 1788-2 Gr. 81.
The mayor, recorder, and aldermen of New York, or any three or more of them, together with a justice of the Supreme Court, to hold these courts for New York.
An Act for laying a duty of Excise on strong Liquors, and for
the  better regulating  of Inns and  Taverns; passed  March  1,
1788-2 Gr. 116.
Commissioner of excise to be appointed for New York; he to fix the price for each
license at not less than $5 nor more than $50-his salary $150 per annum. To pay over
the money received by him to the common council-$2,000 annually for four years to
the New York Hospital. Repeals all former laws on this subject.
An Act to regulate the exportation of Flax seed and Lumber;
passed'March 1, 1788 —2 Gr. 122.
One inspector of lumber for New York, and he to appoint his deputies. Lumber Law
amended March 29, 1790-2 Gr. 313.
An Act to regulate  the Iepacking of Beef and Pork for exportation; passed March 7, 1788-2 Gr. 124.
Two or more repackers to be appointed for New York, to provide themselves as
many stores as may be necessary; one store to be at or near the Albany pier, and
another at or near Burling slip. Amended March 29, 1790-2 Gr. 313.
An Act to regulate the Culling of Staves and Heading; passed
March 7, 1788 —2 Gr. 128.
By this act eight or more cullers to be appointed for New York. Disputes to be settled by two other cullers chosen by the parties.
An Act supplementary to the Act, entitled, an act to prevent
the exportation of unmerchantable Flour, and the false taring of
Bread and Flour Casks; passed MIarch 7, 1788-2 Gr. 130.
Extends the act to rye and buckwheat flour, except as to superfine quality. Standard
weight of wheat, brought to New York for sale, shall be CO pounds neatto tile bushel.
See the act 1 Gr. 160.
An Act for the  better Settlement and  Relief of the  Poor;
passed March 7, 1788 —2 Gr. 133.
MBasters of vessels, by the 32d section, to report to the mayor or recorder the names
and occupations of all persons brought into port in their vessels, under penalty of fifty
dollars for every person not reported, and seventy-five dollars for every foreigner, &c.
Common council to appoint twelve or more freeholders and inhabitants to be overseers
of the poor, by the name of " The Commissioners of the Alms-house and Bridewell of
the city of New York."  All moneys for the relief of the poor to be paid to and
expended by the common council. Repeals all former laws on the subject.
An Act for dividing the State into Counties; passed March 7,
1788-2 Gr. 148.
Sixteen counties; giving the bounds of New York and the other counties.
An Act for dividing  the Counties of this  State into  Towns:
passed March 7, 1788-2 Gr. 151.
The 21st section, p. 173, authorizes the common council of New York to make orders,
rules, &c., for making, mending, &c., the fences in the city; and to appoint a keeper of
the pound, his fees, &c.




TITLES  OF ACTS.                               17
An Act to  enable  the Corporation of Trinity Church, in the
city  of New   York, to  assume  the  name  therein  mentioned;
passed March 10, 1788-2  Gr. 180.
Recites that this corporation was authorized to sue, &c., by an act of the then Colony
of New York, passed June 27, 1704, by the name of " The Rector and Inhabitants of
the city of New York, in communion of the Church of England, as by law established," and alters the name of the corporation to " The Rector and Inhabitants of the
city of New York, in communion of the Protestant Episcopal Church in the State of
New York."  See previous law, making alterations in the charter of this corporation,
17th April, 1784-1 Greenleaf, 95. In connection with this subject vide session 10, chapter 34-session 13, chapter 48-session 21, chapter 49.
An Act for the more effectual Collection of Taxes in the city
and county of New  York; passed March 11, 1788 —                        Gr. 381.
City treasurer to publish, in one or more newspapers, on the first Monday in November, yearly, an account of all moneys received and paid for the city and the purposes
thereof.
An Act to prevent the  storing of Gunpowder within  certain
parts of the city of New  York; passed March 15, 1788 —2 Gr. 191.
By this act no person is permitted to keep more than 28 pounds of gunpowder in any
one place, within one mile of the City Hall, and that divided into four parcels. This act
is incorporated in the revision of 2 Kent & Rad. 95.
An Act for the Punishment of Disorderly Persons in the city
of New  York; passed February 6, 1789-2 Gr. 228.
Authorizes the mayor, recorder and aldermen, or any two of them, in all cases where
corporal punishment may be inflicted, except under the law of February 9, 1788, (same
vol. p. 52,) to substitute confinement at hard labor for six months; and to punish in the
same manner all disorderly persons, who had been removed from the city, and all vagrants. This act is incorporated in the revision of 2 Kent & Rad. 98.
An Act to remove doubts respecting  the Charter granted to
the Members of the  New  York  Society Library; passed February 18, 1789- 2 Gr. 260.
Recites that the charter was granted on the 9th of November, 1772. This act is incorporated in the revision of 2 Kent & Rad. 256.
An Act to regulate the Rates of Ferriage between the city of
New   York  and  the  Island  of Nassau; passed  February  18,
1789   2 Gr. 273.
This act repeals the 1st, 2d and 7th sections of the act of October 14, 1732.
An Act for securing and improving certain  Lands in the city
of New York, for public Uses, and for other purposes therein
mentioned; passed March 16, 1790-2 Gr. 307.
Relates to Fort George, the Battery and lands adjacent thereto.
An  Act to  incorporate  the  Stockholders of the New  York
Manufacturing Society; passed March 16, 1790-2 Gr. 309.
Incorporated in the revision of 2 Kent & Rad. 522.
An Act to amend  the  several Inspection Laws therein mentioned; passed March 29, 1790-2 Gr. 313.
Amendatory of the beef and pork law of 7th March, 1788-1 Gr. 124; lumber law of
1st March, 1788-1 Gr. 122; pot and pearl ashes of 23d April, 1784-1 Gr. 100.
2




18                            TITLES OF ACTS.
An Act for Apportioning  the  Representation in the Legislature, according to the rule prescribed in the Constitution, and
for dividing the county of Albany; passed February 7, 17912 Gr. 337.
The state divided into four great or senatorial districts. The southern district to
consist of New York, Suffolk, Queens, Kings, Richmond, and Westchester. New York
to send seven members to the assembly.
An Act for the preservation of Heath  Hens and other game;
passed February 15, 1791-2 Gr. 341.
This act repeals former laws upon this subject.
An Act to explain and amend an Act, entitled, an Act for the
more speedy recovery of Debts to the value of ten pounds,
passed February 21, 1791-2 Gr. 345.
See above the title of the act referred to of April 17, 1787-1 Gr. 445, and the note
thereto. The Aldermen of the city of New York were inhibited by this act from hearing and determining causes under the ten-pound act.
An Act for altering the Wards in the city of New York;
passed February 28, 1791-2 Gr. 349.
Divides the city into seven wards, and gives the bounds of each. It is incorporated
in the revision of 2 K. & R. 98.
An  Act to  prevent obstructions to Docks and Wharves in
the city of New  York; passed March 10, 1791-2 Gr. 354.
An Act to restrain the immoderate use of Spirituous Liquors
in the Jails of the cities and counties of New  York and Albany;
passed March 21, 1791-2 Gr. 365.
By this act, no spirituous liquor is permitted, on any pretence whatever, to be taken
in the jail of the city and county of New York, except upon the written permission of
the physician; and a penalty is inflicted upon the jailer of one hundred pounds who
shall knowingly suffer or permit any liquor to be sold or used in the jail contrary to the
act.
An Act to enable  the Regents of the  University to establish
a College of Physicians and Surgeons within the State; passed
March 24, 1791-2 Gr. 371.
This act is incorporated in the revision of 2 K. & R. 245.
An Act for the more effectual prevention of Fires, and to
regulate certain Buildings in the city of New York; passed
March  24, 1791-2 Gr. 372.
Establishes fire limits, and prohibits the erection of wooden tenements of more than
two stories to the south and west of a line beginning at the outlet of Lispenard's meadow, thence to the dwelling-house of Nicholas Bayard, and thence to the dwelling-house
of Richard Platt, thence to Abraham Cannon's house on the East River. This law made
to take effect on the 1st January, 1792, by the act of 26th January, 1792 (same vol. p.
378), amended 31st March, 1795-3 Gr. 202. The act is repealed by the act of April 8,
1796-p. 332.
An Act to increase  the  number of Firemen within  the  city
of New  York; passed February 18, 1792-2 Gr. 382.




TITLES OF ACTS.                                19
One hundred and fifty more firemen to be appointed in addition to the 300 authorized
by the act of 19th March, 1787-1 Gr. 412.
An Act to enable the Mayor, Recorder, and Aldermen of the
city of New  York  to order the raising  moneys by tax; passed
February 18, 1792-2 Gr. 383.
Forty thousand dollars authorized, of which 6,000 dollars was for the Battery, and im
provements in front of the jail, &c.
An  Act for granting  an  allowance  to  the Commissioner of
Excise, for the  city  of New   York, for his  services;  passed
March 12, 1792 —2 Gr. 399.
Allows him to retain 200 dollars per annum.
An Act to incorporate the Society  of Mechanics and Tradesmen of the city of New  York, for charitable  purposes; passed
March 14, 1792-2 Gr. 414.
By the name of "The General Society of Mechanics and Tradesmen of the city of
New York."  Incorporated in the revision of 2 K. & R. 524.
An Act to regulate the practice of Physic  and Surgery within the city and county of New  York; passed March 27, 1792 —
2 Gr. 425.
By this act, no person to be admitted to practice physic in the city and county of New
York, until he has passed an examination, and been admitted by the governor, chancellor, judges of the supreme court, attorney-general, the mayor, and recorder of the said
city, or any two of them, taking to their assistance any three respectable practitioners of
physic and surgery, with whom the person to be examined has not lived to acquire medical information.
An  Act authorizing  the Mayor, Aldermen, and Commonalty
of the city of New  York, to fill in and raise the tract of land  in
the said city, called the Meadows, and for continuing Roosevelt
and Frankfort streets; passed April 6. 1792 —2 Gr. 447.
" The meadows" are described as bounded, north by Chatham street, south by Cherry
street, west by Queen street, and east by Catharine street.
An  Act for the better support of the  Hospital in the city of
New  York; passed April 11, 1792-1 Gr. 479.
Annuity from the state of $5,000 for five years, repealed March 31, 1795-3 Gr. p. 203,
and an annuity of $10,000 substituted for five years, from February 1, 1795, both annuities are chargeable upon duties arising from auction sales in this city.
The annual Tax Law  for the city; passed December 7, 1792
-3 Gr. 1.
$40,000 altogether, of which $2,500 were for improvements the same as in the last law.
Apportionment Law  of Representatives in Congress; passed
December 18, 1792-3 Gr. 4.
The state divided into ten districts, and New York to be a district by itself, and entitled to one representative.
An Act to enable the Corporation of the first Presbyterian
Church  in  the  city  of New  York  to  hold  real and  personal




20                            TITLES  OF ACTS.
estate, of the yearly value therein mentioned; passed March G,
1793-3 Gr. 51.
Yearly value not to exceed $6,000.
An Act for improving John street, in the third Ward of the
city of New York, and for vesting the right'of the People ol
this State, to the lands left for streets, in the city of New  York,
in the Corporation  of the said  city; passed March 7, 1793 —
Gr. 52.
The annual Tax Law  for the city; passed February 6, 17943 Gr. 105.
$50,000 altogether, of which $2,500 were for improvements the same asia the two last
laws.
An Act to amend the act, entitled, " An Act for the  regulation of Pilots and Pilotage, for the Port of New York, and for
other purposes therein mentioned;" passed February 8, 17943 Gr. 106.
Increases the rate of pilotage as allowed April 1, 1784 —1 Gr. p. 86. Repealed by the
Act of April 12, 1796 —p. 341.
An Act to amend the  act, entitled, "An Act to  prevent the
bringing  in  and  spreading  of Infectious  Distempers  in  this
State;" passed March 27, 1794-2 Gr. 144.
See the act referred to of May 4, 1784, in the 1st of Greenleaf, p. 117. This law authorizes the governor to appropriate Governor's Island for the purpose of erecting buildings thereon for the objects of the health law. It is repealed by the act of March 30,
1708-p. 403.
An Act concerning Jurors for the trial of Issues in the city of
New  York; passed February 4, 1795-3 Gr. 160.
Authorizes the common council annually to make a panel of jurors.
An Act to enable the Minister, Elder, and Deacons of the Reformed Protestant Dutch Church  of the  city of New  York, to
hold and enjoy an Estate of the yearly value therein mentioned;
passed February 24, 1795-3 Gr. 167.
By this act the minister, elders, and deacons of the reformed protestant church are
authorized to hold lands, tenements, goods, and chattels to the amount of three thousand
six hundred pounds yearly income, and are required to exhibit annually upon oath, to
the chancellor or justices of the supreme court, an account or inventory of such real and
personal estate.
The annual Tax Law  of the City; passed  March 5, 1795-3
Gr. 177.
$50,000 altogether.
An Act for the Relief of the Protestant Episcopal Church in
the State of New  York; passed March 17, 1795-3 Gr. 188.
Recites that an incorporation of their churches under the act of April 6, 1784-1 Greenleaf, p. 71, subjects them to a variety of difficulties asregards their mode of government,




TITLES OF ACTS.                                 21
&c. This act directs the mode of electing church officers, and declares the churchwardens, vestrymen, and rector of the church shall be a body corporate.
An Act to enable John B. Coles to  raise a Dam   across Harlem  River, and to amend  an  act entitled " An Act for building
a Bridge across Harlem  River;" passed March 24, 1795-3 Gr.
197.
The act amended was passed March 31, 1790, and may be found in 2 Kent and R. p.
489. It is not published in Greenleaf. In connection with this subject see also 2 Kent
and R. p. 491 and 492.
An Act to amend the Acts for the Prevention  of Fires, and
to regulate  certain buildings in the city of New  York; passed
March 31, 1795-3 Gr. 202.
Regulates the storing of sulphur, hemp, and flax, and enacts that any building erected
after the first of May, 1795, to the south and west of the line mentioned in the act of March
24, 1791-2 Gr. p. 372, of more than 28 feet in height, from the level of the street to the
foot of the rafters, shall be considered a three story building within the meaning of the
act, and imposes double taxes as a further penalty for a breach of the law.
An Act for the better support of the public Hospital in the
city of New  York; passed March 31, 1795-3 Gr. 203.
Grants an annuity of $10,000 for five years from the first of February, 1795, chargeable
as in the act of April 11, 1792-2 Gr. 470i, which this statute repeals.
An Act to amend the Act establishing the rates of Wharfage
in the city of New  York; passed April 6, 1795-3 Gr. 212.
Increases the rate of wharfage, and repeals the first section of the act of April 17,
1784-1 Gr. p. 92. The wharfage of coasting vessels not over six tons to be fixed by the
portwardens, and repeals the first section of the act of April 17, 178-1-p. 92.
An Act for the Encouragement of Artillery-men  in  the  city
of New  York; passed April 6, 1795-3 Gr. 216.
Non-commissioned officers and privates during service exempted from jury duty, from
taxes on $500, and militia duty after nine years' service.
An Act to enable the Mayor, Aldermen, and Commonalty of
the city of New  York, to raise, by Lottery, a sum   not exceeding Ten Thousand Pounds for the purpose therein mentioned;
passed April 6, 1795-3 Gr. 216.
$25,000 to be raised by the lottery to build a new poor or alms-house.
An Act to incorporate the Contributors of the New York Dispensary; passed April 8, 1795-3 Gr. 226.
An Act for continuing  and  extending  Banker street, in  the
Fifth Ward of the city of New  York, into Pearl street, and for
widening Beaver lane, in the First Ward of the said city; passed
April 9, 1795-3 Gr. 244.
An Act for the more speedy recovery of Debts to the value of
Ten Pounds; passed April 9, 1795-3 Gr. 246.
By this act, trespass and penalties under ten pounds are made cognizable, and the
twenty-second section of the act for the more speedy recovery of debts to the value of




22                            TITLES OF ACTS.
ten pounds extended, authorizing constables to execute any summons or precept in any
part of their respective counties.
An Act for the Encouragement of Schools; passed April 9,
1795-3 Gr. 248.
This act appropriates 20,000 pounds for maintaining schools in the several cities and
towns in this State, for completing an English education, and New York is to receive
as her portion of this sum one thousand eight hundred and eighty-eight pounds; and a
sum equal to one half of this appropriation is directed to be raised by a tax in the said
city and county. It is amended by an act passed April 6, 1796, session 19, chap. 49,
and further amended by an act passed March 10, 1797, session 20, chap. 34, which last
act is repealed, session 24, chap. 180, section 3. These acts are marked obsolete in 2
Kent and It. 231.
An Act making provision for the more due and convenient
conducting  public  Prosecutions  of  the  Courts  of Oyer  and
Terminer, and Jail Delivery and General Sessions of the Peace;
passed February  12, 1796-3 Gr. 265.
By this act the State is divided into districts, and assistant attorneys-general to be
appointed for each of them, except the city of New York. It is made the duty of the
attorney-general to attend the court of general sessions of the peace in the city and
county of New York, and he is prohibited from acting in any private suit.
An  Act apportioning  the  representation in the Legislature,
according  to  the  rule  prescribed  by the Constitution; passed
March 4, 1796-3 Gr. 274.
By this act the State is divided into four districts, and the southern district to comprehend the city and county of New York, the counties of Suffolk, Queens, Kings,
Richmond and Westchester, and are to choose nine senators; and the city and county
of New York to choose six members of assembly.
Annual Tax Law; passed March 16, 1796.
This act authorizes the raising of 20,000 pounds to support the poor, and to repair
the jail and bridewell, and the further sum of 10,000 pounds to pay watchmen, providing oil, &c.
An Act making alterations in the Criminal Laws of the State,
and for erecting  State  Prisons; passed  March 16, 1796-3 Gr.
291.
By this act the punishment of whipping for any offence under the degree of grand
larceny is abolished, and persons convicted of certain offences in the city of New York
may be committed to the bridewell. This act also authorizes the erection of two State
prisons, one in the city and county of New York, and the other in the county of Albany,
and makes provision for their erection and the keeping of convicts in them.
An Act to prevent the brnin ging in and spreading of Infectious
Diseases in the State; passed April 1, 1796-3 Gr. 305.
By this act a physician and seven commissioners of the health office are directed to
be appointed in the city of New York, and provision is made for the erection of a lazaretto upon Nutten or some other island, and the health officer is made physician to the
lazaretto. This act repeals the act of May 4, 1784, except the second section, and the
act to amend the said act, passed March 27, 1794; and this act is repealed by the act
of March 30, 1798-p. 399.
An Act more effectually to regulate the Port of New  York;
passed April 1, 1796-3 Gr. 317.
This act directs the appointment of a harbor master, and details his duties; may appoint deputies, &c.




TITLES  OF ACTS.                                23
An  Act allowing  compensation  to  Struck  Jurors, and  to
amend  the act, entitled, " An  Act concerning  Jurors for the
trial of Issues in the city of New  York;"  passed April 1, 17963 Gr. 325.
By this act struck jurors are allowed six shillings per diem; and the clerk of the
Supreme Court is directed by the act to deliver to the clerk of the city and county of
New York a list of the jurors who have appeared or made default.
An  Act for the  more  effectual prevention  of Fires, and to
regulate Buildings in  the city of New  York, and to repeal and
explain certain acts therein mentioned; passed April 8, 17963 Gr. 332.
This act directs that all houses hereafter to be built in the city of New York, south
and west of a certain line, which shall be more than 25 feet from the surface of the
street to the foot of the rafter, shall be made of stone or brick, to have party walls
twelve inches above the roof, and to be covered with slate; and inflicts a penalty for a
violation of 25 pounds. This act repeals the act of March 24, 1791, and the act of January 26, 1792, and the act of March 31, 1795, and is itself repealed by the act of March
27, 1801. Kent and Rad. V. 2, p. 114.
An Act for the payment of certain Officers of Government,
and other Contingent Expenses; passed April 11, 1796-3 Gr.
335.
By this act the treasurer is directed to pay to Columbia college the sum of seven
hundred and fifty pounds yearly for a certain period, and to the New York hospital one
thousand pounds annually for four years.
An  Act to  amend  an  act, entitled, " An Act for the regulation  of Pilots and  Pilotage  in  the  city of New  York, and for
other purposes therein  mentioned;" passed April 12, 1796-3
Gr. 348.
This actrepeals the fourth section of the act, entitled, " an act for the regulation of
pilots and pilotage for the port of New York and for other purposes therein mentioned;
passed April 14, 1784," and the act, entitled, " an act to amend the act for the regulation of pilots and pilotage for the port of New York, and for other purposes therein
mentioned;" passed February 8, 1794-3 Gr. p. 106. This act is repealed by the act of
March 16, 1798-3 Gr. p. 312.
An  Act concerning  the  appointment  and  election  of the
Charter officers of the city of New  York, Albany and Hudson,
and  concerning the Mayor's Court of the  city of New  York;
passed January 3, 1797-L. & A. 3.
By this act charter officers are to be appointed annually, and when any person elected
to any office in New York, is found not legally qualified, the common council may order
a new election. The mayor and recorder of the city and county empowered to hold the
court of common pleas without the presence of any aldermen,
An Act for the support of the St. Domingo French Refugees
in the city of New  York; passed January 27, 1797-L. & A. 11.
An Act concerning the Supreme Court; passed January 24,
1797-L. &  A. 13.
This act directs the supreme court to hold four terms; July, October, January and
April, and directs the July and October terms of the court to be held at New York, and
the January and April terms to be held in Albany, and repeals the act, entitled, " an
act to appoint the place of holding the supreme court of jurisdiction of this state in
future, and to prolong the terms thereof, and for other purposes therein mentioned;"
passed April 7, 1785-178.




24                            TITLES OF ACTS.
An Act to amend an act, entitled, " An Act to prevent the
bringing in and spreading  of infectious diseases in this State;
passed February 10, 1797-L. &  A. 20.
By this act some new regulations are made with respect to the commissioners of
health office. By this act three commissioners of the health office for the city of New
York are to be appointed, who are directed to meet when requisite, and with the
health officer, who is ex-officio a member, are invested with the same powers as the former commissioners. They have powers by the act, to make rules and orders for cleansing the streets, &c. It is repealed by the act of March 30, 179S-L. & A. 499.
An Act concerning the recovery of debts and demands to the
value of ten pounds in the city of New  York; passed February
16, 1797-L. &  A. 31.
This act authorizes a court to be held at the city hall, gives its powers, form and process, fees, &c., and repeals the twentieth section of the ten pound act; amended by the
act of March 21, 1800-2 K. & R. 111. Incorporated in the revision of 2. K. & R. 101.
An Act further to amend an act, entitled, " an act for the encouragement of common Schools;"  passed  Mlarch 10, 1797-3
Gr. 397.
By this act one-sixth of the moneys appropriated by this act, and raised by taxes in
the city, is to be divided annually among the charity schools of the city, and the other
five-sixths to be distributed by the mayor, aldermen and commonalty to charity and
other schools. It is incorporated in the revision of 2 Kent and I. 101.
An Act for altering  the times of holding a court of General
Sessions of the peace in  and  for the  city and  county of New
York, and for altering one of the terms of the Courts of Common
Pleas and General Sessions of the Peace, in the county of Albany; passed March 17, 1797-3 Gr. 401.
This act directs the terms to be held on the first Tuesdays of July, October, January
and April, of each year, and may be continued to be held until the Tuesdays next following.
An Act to regulate the practice of Physic in this State; passed
Mlarch 23, 1797-L. & A. 104.
This first section relates to New York, and directs that no person practicing physic or
surgery in the city of New York, to continue it without proving that he has already
practiced two years, or has been duly licensed.
An Act to  amend the law  to  prevent the  bringing  in  and
spreading of infectious diseases in this State; passed March 28,
1797-L. & A. 131.
An Act for electing Representatives for this State in the House
of  Representatives  of the  Congress  of the United  States of
America; passed March 2S, 1797-L. &  A. 145.
By this act the state is divided into ten districts, and the city and county (except the
seventh ward) is made one district, and entitled to one representative in Congress. Rlepealed so far as relates to counting, canvassing and returning votes given at the election, by the act of March 27, 1799-668.
An Act for the  establishment and  support of a Lazaretto;
passed March 30, 1797 —L. & A. 156.
This act appropriates $4,500 to the building of a lazaretto on Governor's Island. The




TITLES  OF ACTS.                               25
fifth section of this act repealed by the act of February 23, 1798, p. 23; and that part
of the act which relates to the masters and wardens of the port of New York excepted;
the act is repealed by the act of March 30, 1798, p. 499.
An Act to authorize.the raising moneys by tax in the city and
county of New  York, for defraying the public  expense; passed
April 3, 1797 —L. & A. 215.
Annual tax law.
An Act to amend an act, entitled, an act for the more effectual
prevention of Fires, and to regulate buildings in the city of New
York, and to repeal and explain certain acts therein mentioned;
passed April 3, 1797-L. & A. 223.
This act is amendatory to the act of April 8, 173G, p. 332, and both this act and the
act amended, are repealed by the act of March 27, 1801-2 Kent and I. p. 11-1.
An Act to amend an act entitled, an act for the better settlement and relief of the poor; passed April 3, 1797-L. &  A. 227.
3iasters of vessels, under this act, to report their passengers under a penalty of fifty
dollars.
All Act for the payment of certain  officers of government,
and other contingent expenses; passed April 3, 1797-L. & A.
231.
This act makes provision for the confinement of prisoners il the jail of the city and
county of New York, until the state prison is finished.
An Act to  amend an act, entitled, an act making  provisions
for the more due  and  convenient conducting  public prosecutions at the Court of Oyer and  Terminer, and Jail Delivery and
General Sessions of the peace; passed January 8, 1798-L. &
A. 244.
By this act the city and county of New York is added to the District of Kings, Queens,
Suf'olk, Richmond and Westchester.
An Act to  authorize the Methodist Episcopal Church in  the
city of New  York, to elect additional trustees; passed January
19, 179S-L. & A. 245.
An Act constituting a Commissioner in the city of New York,
to do certain acts appertaining to the office of Chancellor, and a
judge of the Supreme Court, and for other purposes therein mentioned; passed January 26, 1798-L. & A. 247.
The recorder of New York made a commissioner ex-officio under certain statutes, and
the clerks of the supreme court may tax costs and sign judgment rolls in that court.
An Act providing for the expense of the Health  office in the
city of New York; passed February 23, 179 —L. & A. 273.
The eighth, and part of the ninth sections of the act to prevent the bringing in and
spreading of infectious diseases in the state, repealed, and also part of the fifth section
of the lazaretto act.
An Act to amend an act, entitled, an act concerning Sheriffs,




26                            TITLES  OF ACTS.
and the service  and return of process, and  the act entitled, an
act concerning Coroners; passed February 24, 1798-L. & A.
This act directs the sheriff of New York to enter into a bond in the penal sum of
$20,000. Repeals the first section of the act of February 24, 1787, concerning coroners.
An Act more effectually to  discover and apprehend  offenders
in the city of New  York; passed March 2, 1798-L. &  A. 282.
This act establishes a police office, and makes the chancellor, judges of the supreme
court, mayor, recorder, and every of the aldermen judges, and authorizes the appointment of two specialjustices, and clerk.
An Act concerning the General Sessions of the peace, and Jail
for offenders, and for the city and county of New  York; passed
March 2, 1798~-L. &  A.280.
Alters the terms of the general sessions, and makes the bridewell a jail for the safe
keeping of prisoners. It had been used before for state criminals.
An Act supplementary to the act, entitled, an act for the regulation of Pilots and Pilotage for the port of New  York, and for
other purposes therein mentioned; passed March 16, 179 — L.
&  A. 312.
The act is limited to the first day of March, 1800.
An Act to enable the Mayor, Recorder, and Aldermen, of the
city  of New  York, to  order the raising of moneys by  tax, for
the maintenance of the poor, and  for defraying  the other contingent expenses arising  in the city and  county of New  York;
passed March 20, 1798-L. & A. 330.
Annual tax law.
An Act to incorporate the Firemen of the city of New  York;
passed March 20, 1798-L. & A. 332.
The corporation by this act is limited to the first Tuesday of April, 1818. It is incorporated in the revision of Kent and Radcliff, vol. 2, p. 530.
An Act to amend the act making alterations  in the Criminal
Laws of the State, and for erecting State Prisons; passed March
30, 179S-L. & A. 3S3.
This act relates principally to the State prison. It authorizes the inspectors of the
prison to appoint the keeper, who was before appointed by the governor and council.
It designates the person who may visit the prison, the authority of the inspectors in
relation to the government of the convicts, and the penalties for escaping from, &c.
An Act to incorporate the United States Insurance Company
of the city of New  York; passed March 20, 179 —                   L. & A. 336.
Amended February 16, 1805-4 W. p. 11.
An Act to provide against infectious and pestilential diseases;
passed March 30, 1798 —L. & A. 403.
By this act commissioners of the health office are directed to be appointed, and their
power and duties detailed. Regulations are made in respect to nuisances in the city of
New York. Vessels subject to quarantine. Passengers under quarantine regulations,
&c. Appropriates money for the buildings on Bedlow's Island, and for building a laza



TITLES OF ACTS.                                 27
retto in such place as shall hereafter be designated, and declares the health officer shall
be physician to the lazaretto, and that the commissioners shall have the superintendence
of it in other respects. It repeals the proviso in the first section of the act, entitled an
act for the more effectual prevention of fires in the city of New York. And it repeals
the act, entitled an act to prevent the bringing and spreading of infectious diseases in
this State, passed the fourth of May, 1784, page 117; and the act, entitled, an act to
amend the act, entitled an act to prevent the bringing in and spreading of infectious
distempers in this State, passed March 27, 1794, page 144; and the act entitled, an act
to prevent the bringing in and spreading of infectious distempers in this State, passed
April 1, 1796, page 305; and the act, entitled an act to amend the act, entitled an act
to prevent the bringing in and spreading of infectious diseases in this State, passed February 10, 1797, page 367; and the act, entitled an act to amend the law to prevent
the bringing in and spreading of infectious diseases, passed March 6, 1797, and the act
for the establishment of the lazaretto, passed March 30, 1797. So far as they respect
the city and county of New York, and except so much of the last enacting clause as
relates to the master and wardens of the port of New York, The thirteenth section of
this act is repealed by the act of March 1, 1799, page 595.
An Act relative to the public buildings in the city of Albany,
and for erecting an arsenal in the city of New York; passed
March 30, 1798 —L. & A. 418.
An Act to incorporate  the  Stockholders  of the  New   York
Insurance Company; passed April 2, 179 —L. & A. 432.
Amended April 4, 1800, session 23, chapter 84. Amended again March 6, 1801, session
24, chapter 19.
An Act concerning certain  Streets, Wharves, and  Piers, and
the Alms-house and Bridewell, in the city of New  York; passed
April, 179 —L. & A. 459.
This ant repeals the thirty-fourth and thirty-sixth sections of the act of the seventh of
March, 1798.
An Act subjecting goods sold  at auction  to  additional  duty
for the  support of foreign  poor, in  the  city  of New   York;
passed April 4, 1798-L. & A. 484.
An Act concerning  the  State  Prison; passed  February  15,
1799-4 L. &A. 577.
An Act for the relief of Jabez Johnson; passed February 22,
1799-4 L. & A. 580.
An Act to amend an Act, entitled, an Act to provide against
infectious and pestilential Diseases; passed  February 25, 1799
-4 L. & A. 587.
This act authorizes and directs the purchase of land upon Staten Island, and appropriates money for the erection of a "Marine Hospital."  It repeals the 13th section of
the act of March 30, 1799-4 L. & A. 418.
An Act to incorporate the Society of the Lying-in-Hospital of
the city of New  York; passed March 11, 1799-4 L. &  A. 608.
An Act relative to the Supreme  Court; passed  February 1,
1799-4 L. & A. 558.
The clerk of the supreme court in New York is authorized and directed to destroy
certain papers filed in his office before the 9th of July, 1776.




28                            TITLES  OF ACTS.
An Act to regulate  the passing of Carriages, Wagons, Carts,
and Sleighs, by  each  other, in  the city  of New   York; passed
March 23, 1799-4 L. & A. 648.
This act directs, that carriages, wagons, carts, and sleighs, meeting each other, shall
take the left of the street or road. It is incorporated in the revision of 2 K. & R. 110.
An Act to amend an Act, entitled, an Act for regulating Elections; passed March 26, 1799-4 L. &  A. 668.
This act provides, that the ballots for governor, senators, &c., shall be counted and
estimated by the inspectors of the election. It repeals the act of March 28, 1797, so far
as it relates to the canvassing and returning votes.
An Act to regulate the Salting, Repacking, and Inspection of
Beef and  Pork  for exportation; passed  March  29, 1799-4 L.
&  A. 708.
By this act, five inspectors and repackers of beef and pork, and an inspector general,
for the city and county of New York, who is authorized and directed to superintend the
repackers, are to be appointed, and their duty and powers are detailed. This act repeals
all former acts upon the same subject matter.
An Act concerning the Court of Probates; passed March 30,
1799-4 L. & A. 724.
This act authorizes and directs the judge of the court of probates at Albany to deliver
to the surrogate of the city of New York certain documents. By a former act, the court
of probates was directed to be held in Albany; and the preamble of this act recites,
that the papers and documents, in that court, principally relate to the southern district,
and the removal of them would be inconvenient. The judge of the court of probates is
authorized and directed, by this act, to deliver to the surrogate of the city and county
of New York certain moneys and papers, &c.
An Act to  invest the  Mayor, Aldermen, and  Commonalty of
the city of New  York, with adequate powers in relation to certain objects of importance to the Health of the said City; passed
March 30, 1799-4 L. &  A. 733.
An Act for supplying  the  City with  pure  and  Wholesome
Water; passed April 2, 1799-4 L. &  A. 810.
Supplementary act March 25, 1803-5 Web. 294.
An Act further to  amend  the  laws relative to the Militia of
this State; passed March 30, 1799 —4 L. & A. 739.
By this act the militia of this state is arranged into five divisions, and every householder and occupant in the city of New York is required to give the name of every male,
between the age of eighteen and forty-five, under the penalty of ten dollars; and it repeals so much of the act of the 9th of March, 1793, and the act of the 11th of April,
1796, as respects the collection of fines by regimental court-martials.
An Act for the Assessment and Collection of Taxes; passed
April 1, 1799-4 L. & A. 747.
By this act three commissioners in each county of the State are directed to be appointed by the person administering the government, and special provisions are introduced in the act, relative to the collection of taxes in the city of New York; and the
act, entitled, an act for the more effectual collection of taxes in the city and county of
New York, so far as it directs the mode of assessment by the assessors, is repealed.
An Act directing the mode of granting Letters of Admini



TITLES OF ACTS.                                29
stration in certain cases, where persons shall die intestate, in the
city of New  York; passed April 1, 1799-4 L. &  A. 784.
This act directs administration, in certain cases, to be granted to the chamberlain of
the city, and allows him five per cent. commission. It also authorizes the special justices to take possession of the effects of intestates, to prevent waste and embezzlement,
until administration shall be granted.
An Act to amend the Act, entitled, an Act for the better settlement of the poor; passed April 1, 1799-4 L. & A. 803.
This act relates particularly to the duties of masters of vessels from foreign countries
in relation to passengers, &c., and imposes a penalty of 500 dollars; and repeals the
act of April 3, 1797, in relation to the poor.
An Act for the Inspection  of Flour and  MIeal; passed April
2, 1799-4 L. & A. 821.
This act repeals all former acts upon this subject.
Annual Tax Law; passed April 3, 1799-4 L. &  A. 830.
An Act to raise a Sum  of Money for the use of the State  by
Tax, and- for the further support of Government; passed April
3, 1799 — L. & A. 834.
This act authorizes the corporation to borrow 45,000 dollars on the credit of the state,
towards discharging the expense incurred in relieving the distresses of the city, occasioned by the late epidemic.
An Act to  amend  the  Charter  of the  IReformed  Protestant
Dutch Church  in the city of New  York; passed  February 15,
1800 5 L. & A. 5.
An Act to cede to the United States the jurisdiction of certain
Islands situate in and about the  harbor of New   York; passed
February 15, 1800-5 L. & A. 7.
An Act to enable the Mayor, Recorder, and Aldermen of the
city  of New  York, to order the raising  of moneys by  tax  for
the maintenance of the poor, and for defraying the other contingent expenses arising  in  the city  and  county of New  York,
and for other purposes; passed March 7, 1800-5 L. & A. 22.
An Act to revive the laws for the support of the public Hospital in  the city of New  York; passed  Mlarch 7, 1800-5 L. &
A. 24.
The act revives the act, entitled, " an act for the payment of certain officers of government, and other contingent expenses," (April 11, 1796,) for the term of five years
from February 1, 1800.
An Act respecting the Clerkship of the Circuit Court and
Sittings in the city and county of New  York; passed MIarch 7,
1800-5 L. & A. 25.
By this act the clerk of the city of New York is not to be ex officio clerk of the circuit, nor the clerk of the supreme court to be clerk of sittings, but both of these officers




30                            TITLES OF ACTS.
to be united in one person, and his appointment is provided for, and his fees and compensation given. This act is incorporated in the revision of 1 K. & R. 172.
An Act to explain and amend an Act, entitled, an Act more
effectually to  regulate  the  port,of New  York; passed  March
14, 1800-5 L. & A. 40.
This act explains and extends the act, entitled, " an act more effectually to regulate
the port of New York;" passed April 1, 1796-3 Gr. 317.
An Act to alter the time for the Election of Charter Officers
in the city of New  York; to lengthen the terms of the Court of
Common Pleas; to  give additional power to  Special Justices
for preserving the peace in the city and county of New York;
to reduce the several Laws relating particularly to the said city
and county into one Act, and for other purposes; passed March
21, 1800-5 L. & A. 50.
By this act the election for charter officers was changed from the 29th of September,
to the first Tuesday in November; and provision is made in the act, in case of neglect
to appoint inspectors of elections, the election shall be had and made in the manner
directed by the charter. The mayor and recorder are authorized to hold the court of
common pleas without the presence of any aldermen, and the terms of the courts are
lengthened to five days; and the court of general sessions is directed to be held on the
first Tuesdays of June, August, October, December, February, and April, in each year,
and may continue until the Tuesdays next following the commencement of each session.
This act repeals all former acts and parts of acts that come within the purview of this
act.
An Act concerning certain Debts and Demands in the city of
New York, and to amend an Act, entitled, an Act concerning the
recovery of Debts and Demands to the value of Ten Pounds in
the city of New  York; passed March 21, 1800-5 L. & A. 60.
This act gives the court jurisdiction for the recovery of demands to the value of ten
pounds, and to determine all actions brought by or against seamen in the merchants'
service, and owners and masters of ships or vessels, for wages and non-performance of
contracts. Incorporated in the revision of 2 K. & R. 111.
An Act to continue in force the Act, entitled, an Act supplementary to the Act, entitled, an Act for the regulation of Pilots
and Pilotage for the port of New York, and for other purposes
therein mentioned; passed March 25, 1800-5 L. &  A. 101.
The act of the 16th of March, 1793, is revived and continued in force until the first day
of March, 1802, by this act.
An Act to amend an Act, entitled, an Act to Incorporate the
Stockholders of the New York Insurance Company; passed
April 4, 1800-5 L. & A. 174.
An Act to enable the Mayor, Aldermen, and Commonalty of
the City of New York to purchase certain Houses and Lots of
Ground which are in such a state as to endanger the health of
the said city; passed April 4, 1800-5 L. &  A. 178.
By the preamble of this act it appears, certain houses and buildings, between Front
and South streets, on the West side of Fly market and its slip, had become the receptacles of filth, &c. This act authorizes the corporation of the city to purchase and remove them, &c.
An Act to amend  an  Act, entitled, an Act to  regulate  the




TITLES OF  ACTS.                                31
Salting, Repacking, and Inspection of Beef and Pork for exportation; passed April 4, 1800-5 L. &  A. 188.
This act authorizes the appointment of three additional packers for the city and
county of New York, and details the manner of inspecting beef and pork, the place
where and the fees for inspecting; and repeals so much of the act, entitled, " an act to
regulate the salting, repacking, and inspection of beef and pork for exportation,' as
comes within the purview of this act.
An Act to amend the Act, entitled, an Act concerning the
Supreme Court; passed April 4, 1800-5 L. & A. 193.
By this act, the July Term is directed to be held in New York on the third Tuesday of
July, and may be extended one week.
An Act to amend an Act, entitled, an Act for the Inspection
of flour and meal; passed April 4, 1800-5 L. &  A. 196.
This act gives the penalty for false taring casks, and authorizes the inspectors to
search for flour and meal shipped contrary to law.
An Act supplementary to the Act, entitled, an Act to amend
an Act, entitled, an Act to provide against Infectious and Pestilential Diseases; passed April 7, 1800-5 L. &  A. 252.
An Act concerning the Supreme and Circuit Courts, and for
other purposes; passed April 8, 1800-5 L. & A. 267.
This act directs the supreme court to be held in New York, on the third Tuesday of
July in every year, and the term to continue to, and include, the Saturday of the following week; and repeals the act of April 4, 1800-5 L. & A. 193.
An Act to amend the Act, entitled, an Act to regulate the
Culling of Staves and Heading; passed April 8, 1800-5 L. &
A. 275.
This act provides for the appointment of an inspector-general, and details his power
and duties; and repeals so much of the act of March 7, 1788, as comes within the purview of this act.
An Act for the Payment of certain Officers of Government,
and for other purposes; passed April 8, 1800-5 L. &  A. 285.
This act directs certain lotteries to be drawn in the city of New York, in pursuance
of an act, entitled, "an act for opening and improving certain great roads in this state."
An Act for the relief of the Mayor, Aldermen, and Commonalty  of the  city of New  York; passed  February 16, 1801-2
K. &  R. 146.
An Act concerning Apprentices  and  Servants; passed  February 20, 1801-1 Kent & R. 186.
This act is incorporated in the revised laws of 1813-1st vol. 136. Amended by the
act April 8,1808, 5 W. p. 363. Repealed by the general repealing act, Dec. 10, 1828.
An Act for the better support of the Public Hospital in the
city of New York; passed March 20, 1801-1 Kent & R. 201.
Amended by the act of March 2, 1805, 4 W. p. 22. Repealed by the act of March 14,
1806-W. 4th vol., p. 386.
An Act concerning Sheriffs and their duty, in respect to Pro



32                           TITLES OF ACTS.
cess, Arrest, and Keeping Prisoners; passed March 20, 1801Session 24, 1 Kent & R. 204.
An  Act for the Inspection  of Lumber; passed  March  21,
1801-1 Kent & R. chap. 59, 257.
This act is incorporated in the revision of 1813; and this act is expressly repealed by
the seventh section, see 1 Rev. L. p. 238. Repealed by the act of March 30, 1805, chap.
61, 4 W. p. 107. Repealed again by the act of March 27, 1807-5 W. p. 81.
An  Act for relief against Absconding  and Absent Debtors;
passed March 21, 1801-Session 24, 1 Kent & R. 236.
Authorizing the recorder of New York to perform the duties of a judge in relation
thereto. Incorporated in the revision of 1813. Rev. vol. 1, p. 157.
An  Act to  regulate  the exportation  of Flax Seed, and the
compensation of the Measurers of Grain; passed March 21,
1801-1 K. & R. 290.
This act is incorporated in the revision of 1813, vol. 1, p. 151. And is repealed by the
repealing act of December 10, 1828-Revised Statutes, p. 123.
An Act to regulate the Trial of Issues, and for returning able
and Sufficient Jurors; passed  March  31, 1801-24 Session, 1
Kent and R. 375.
The twelfth and thirteenth sections relate to the making and delivering jury lists, and
the twenty-eighth section to persons exempted from being jurors in the city of New
York.
An Act for regulating Elections; passed March 24, 1801-Session 24, 1 Kent and R. 264.
The second section amended April 7, 1806, 4 W. p. 652. Repealed March 29, 18132 Rev. L. p. 259, section 29.
An Act for the regulation of the election of Representatives for
this state in the House of Representatives of the Congress of the
United States; passed March 24, 1801-1  Kent and R. 283.
Amended by the act of March 30, IS02. 3 W. p. 32.
An Act to prevent unjust imprisonment, by securing the benefit of the writ of Habeas Corpus; passed March 24, 1801-24
Session, 1 Kent and R. 286.
Requiring the recorder of the city of New York to perform the duties of a judge in
relation to the act.
An Act concerning  the  Supreme Court; passed March 24,
1801 —-24 Session, 1 Kent and R. 345.
The recorder of New York empowered to perform certain duties of a judge of the supreme court.
An Act declaring the Powers of Courts of General Sessions
of the Peace, and the Powers and Duties of the Justices of the
Peace; passed March 24, 1801-1 Kent and R. 302.
Authorizing the mayor, recorder and aldermen to perform the duties of justices, and
instituting the special sessions.




TITLES  OF ACTS.                                33
An Act relative to the Court of Probates, the Office of Surrogate  and the  granting  of Administrations; passed  March  27,
1801-24 Session, I Kent and R. 317.
Directing the appointment and duties of the chamberlain of the city, in relation to the
administration of estates of intestates, &c.; and special justices authorized to take
charge of intestates' estates. Amended by the act of March 31, 1802, 3 W. p. 31.
An  Act relative  to the  Duties  and  Privileges  of Towns;
passed March 27, 1801-24 Session, 1 Kent and R. 325.
The seventeenth section authorizes the common council in New York to make rules
concerning fences; and the eighteenth section to appoint keepers of pounds.
An Act more effectually to  discover and  apprehend offenders
in the city of New York; passed March 27, 1801-2 K. & R.
120.
This act relates to the police office in the city of New York.
An Act for the  more  effectual prevention  of Fires, and to
regulate Buildings, in the city of New  York; passed March 27,
1801-2 K. & R. 114.
This act repeals the act of April 8, 1796, and the amendment thereto, passed April
3, 1797, and the first seven sections of this act are repealed by the act of June 1, 18126 W. p. 405; and new provisions made. The sections repealed relate to buildings.
An Act relative  to  Jails; passed  March  30,  S01 —Session
24, 1 Kent and R. 359.
By the first section, bridewell to be under the charge of the corporation of New York
to appoint a keeper and his duties; and by the seventh, eighth, and ninth sections, penalties are imposed for permitting spirituous liquors to be used in the jail or bridewell.
An Act to provide against Infectious and Pestilential Diseases;
passed March 30, 1801-1 IKent and R. 361.
The fifth section empowers the mayor and recorder of New York, to designate vessels
subject to quarantine. Supplementary act February 28, 1804-3 W. p. 469.
An Act relative to Wharves in the city of New York; passed
March 31, 1801-2 K. & R. 123.
This act establishes the rates of wharfage and cranage, and details the mode of levying
them, and imposes penalties for incumbering the wharves and obstructing the docks.
An Act concerning the Mayor's Courts of the several Cities,
and the Courts of Common Pleas and General Sessions of the
Peace in the several counties of this State; passed April 2, 1801
-1 Kent and R. 393.
Declaring the terms, jurisdiction, and who shall hold the mayor's court, general and
special sessions of the city of New York.
An Act to regulate Sales by Public Auction, and to prevent
stock Jobbing; passed April 2, 1801-1 Kent and R. 408.
Amended by the act of April 6, 1804, 3 W. p. 474. Amended by the act of March 16,
1810, 6 W. p. 15.
An Act to regulate the Ferry and rates of Ferriage, between
3




34                            TITLES  OF ACTS.
the  city of New  York and the Island  of Nassau; passed April
2, 1801 —2  I. &  R. 385.
Amended April 2, 1810-6 W. p. 36.
An Act for the encouragement of Literature; passed April 3,
1801-2 K. & R. 243.
Authorizing four extensive lotteries for raising the sunm of one hundred thousand dollars, for the promotion of literature.
An Act to divide  this  State  into  Counties; passed April 3,
1801- 2  K. &  R. 1.
By this act the state is divided into thirty counties, and the boundaries of the county
of New York is given.
An Act for regulating  the  Buildings, Streets, Wharves and
Slips, in the city of New  York; passed April 3, 1801-2 K. &
R. 126.
Amended by the act of March 24, 1809, 5 W. p. 475. Further amended by the act of
June 18, 1812-5 W. p. 548.
An Act relative to the Harbor Master and Master and Wardens
and Pilots, of the Port of New  York; passed April 3, 1801-2
K. & R. 133.
Amended by the act of March 19, 1802-3 W. p. 25. Repealed by the act of April 4,
1805-4 W. p. 181, sec. 22. See the act of February 12, 1808-5 W. p. 254.
An Act for the  Inspection of Flour and  Meal; passed April
3, 1801-1 Kent and R. 424.
Amended March 4, 1803, 5 W. p. 261. Further amended November 8, 5 W. p. 438.
An  Act for  giving  Relief in  cases of Insolvency; passed
April 3, 1801-24 Session, 1 Kent &  R. 428.
Empowering the recorder of the city of New York to perform the duties of a judge in
relation to the act. Amended by the act February 25, 1805. 4 W. p. 19. Amended
April 3, 1807-5 W. p. 117, sec. 8. Anended February 5, 1808-5 W. p. 250. Repealed
by the act of April 3, 1811-6 W. p. 200.
An Act relative to the State Prison; passed April 3, 1801I Kent & R. 414.
Mayor and recorder of New York together with others, designated by the act to make
rules for the government of the state prison, and the guard of the prison placed under
the direction of the mayor. Amended by the act of March 30, 1802-3 W. p. 37.
An Act for the  Repacking and Inspection of Beef and Pork;
passed April 4, 1801-1 Kent & R. 452.
Amendatory act April 5, 1802, 3 W. p. 49. Repealed April 6, 1803, 3 W. p. 343.
An Act relative to  the election of Charter Officers, and relative to Weighmasters in the city of New  York; passed April 7,
1801-2 K. & R. 140.
By this act charter officers are to be appointed or chosen on the Third Tuesday of No.
vember, and to be sworn into office the first Monday of December thereafter. This act
is amended by the act of April 3, 1802-3 W. p. 173. Repealed by the act of April 5,
1804-3 W. p. 426, except the last section.




TITLES OF  ACTS.                                 35
An Act to  lay a Duty on strong  Liquor, and for regulating
Inns and Taverns; passed April 7, 1801-1 K. &  R. 484.
Repealed by the repealing act of December 10, 1828-3d vol. Rev. Stat. p. 129.
An Act concerning  the Inspection of Pot and  Pearl Ashes:
passed April 7, 1501-1 Kent &  R. 522.
Amended, and the eighth section repealed by the act of March 3, 1802 —3 W. p. 48.
An Act for the more speedy Recovery of Debts, to the value
of Twenty-five  Dollars; passed April 7, 1801-1 K. &  R. 491.
Repealed by the act of April 11, 180S. 5 W. 375.
An Act for the Settlement of the Poor; passed April 8, 1801
-1 Kent & R. 566.
The eighteenth section declares that upon appeals under this act, the justices in the
city of New York shall, upon request, state the case specially and at large, that the aggrieved party may have a remedy thereon in the supreme court, and by the thirty-fifth
section, the common council may compound for penalties under the act. Amended
by the act of March 24, 1809-5 W. p. 471.
An Act for the Assessment and Collection of Taxes; passed
April 8, 1801-24 Session, 1 Kent &  R. 547.
The mayor, recorder and aldermen to act as supervisors of the city and county of
New York, and the chamberlain as treasurer. The first section repealed by the act of
March 28, 1805, 4 W. p. 71, relative to the valuation of property in the city of New
York.
An Act for the more effectual collection of Taxes in the city
and county of New York; passed April 8, 1801-2 K. & R.
144.
An Act to direct certain Moneys to be applied to the use of
Free Schools in the city of New York; passed April 8, 18012 K. &  R. 253.
This act directs the appropriation of certain moneys to the vestry, trustees, &c., of
congregations therein mentioned, pursuant to an act, entitled " An act for the encouragement of schools," passed the 9ih of April, 1795; and the act entitled "An act to
raise a sum of money for the use of this state by tax, and for'the further support of
government," passed the 3d day of April, 1799.
An Act for the relief of the  Collectors of Taxes in the  city
and county of New York; passed February 8, 1802-3 W. 172.
An Act concerning the Court of Chancery; passed February
23, 1802-3 W. 27.
Provisions for holding the court in New York, and the register's office in the said city.
The proviso contained ir. the first section of the act repealed by the act of April 4, 1804
-3 W. p. 458.
An Act relative to the Circuit Court and Sittings in the city
and county of New York; passed March 8, 1802-3 W. 29.
This act to be in force until May 1, 1804, and no longer. Continued in force until
January 1, 1808, by act of April, 1804-3 Webster, p. 457. Revived indefinitely February 12, 1808-5 W. p. 251.




36                        TITLES OF ACTS.
An Act to enable the Trustees of the New York Society Library to increase the yearly sums payable on the shares of the
said Library; passed March 8, 1802-3 W. 42.
An Act to alter the name and style of two Religious Societies, known  by the  name  and  style of the  Second  Baptist
Church, in the city of New York; passed March  8, 1802-3
W. 43.
An Act to  incorporate the Stockholders of the Marine Insurance Conpany of New York; passed March 16, 1802-3 W.
147.
Amendatory act, shares reduced to fifty dollars, &c. March 14, 1806-4 Webster, p.
377.
An act to amend  an  act, entitled "An  act relative to the
Harbor Master, and Master and Wardens and Pilots of the Port
of New York, passed April 3, 1801; passed March 19, 18023 W. 25.
Repealed April 4, 1805-4 Webster, p. 181, section 22. The substance of this act is
incorporated in the revision of 1813-vol. 2, p. 461.
An  Act to incorporate the Washington Mutual Insurance
Company of the city of New  York; passed March 30, 1802-3
W. 152.
An Act to amend an act for regulating the elections of representatives of this state, in the House of Representatives of the
Congress of the United States; passed March 30, 1802-3 W.
32.
By the first section the county of Kings, the county of Richmond, together with the
first, second, third and fifth wards of the city of New York, shall compose the second
district. Repealed by the act of March 30, 1804-3 W. p. 468.
An Act relative to the State Prison Guard, and for other purposes; passed March 30, 1S02-3 W. 37.
Empowering the mayor of New York to inspect the guard, and reportto the governor,
&c. All persons belonging to the state prison guard, by this statute, were exempt from
all arrest on civil process. The statute is obsolete.
An Act for erecting in the city of New York a Prison for solitary confinement; passed March 30, 1802-3 W. 39.
An Act supplementary to the act, entitled an act relative to
the Court of Probates, the office of Surrogate, and the granting
of administrations; passed March 31, 1S02-3 W. 31.
An Act apportioning the representation in the Legislature
according to the rules prescribed by the Constitution; passed
March 31, 1802-3 W. 33.
Under this act the city and county of New York is entitled to nine representatives.




TITLES OF ACTS.                           37
An Act to incorporate the society for the relief of poor
Widows, with small Children; passed April 2, 1802-3 W. 156.
To continue in force until the 1st of March, 1810. See the act of re-incorporation,
passed April 5, 1810-Laws of 1810, p. 165.
An Act to amend an act, entitled an act for the Encouragement of Literature; passed April 3, 1802-3 W. 165.
An Act to enable the Mayor, Recorder, and Aldermen of the
city of New York, to order the raising of moneys by tax, for the
maintenance of the poor, and for the defraying the expenses
arising in the city and county of New York, and for other purposes; passed April 3, 1802-3 W. 173.
Seventy-five thousand dollars.
An Act to amend an act for the repacking and inspection of
Beef and Pork; passed April 5, 1802-3 W. 49.
Repealed by the act of April 6, 1803-3 W. p. 343.
An Act for the payment of certain officers of government, and
for other purposes; passed April 5, 1802-3 W. 181.
The last section relatesto the recorder's fees of the city of New York, &c., making the
first motion fee payable at the time of issuing the first writ, but this section was limited
to expire on the first day of May, 1804. The last section relating to the filing and recording of transcripts of elections in the office of the secretary of state, is repealed
March 29, 1813-2 Revised Laws of 1813, p. 259, sec. 29.
An Act to amend the act, entitled, " an act concerning the
Inspection of Pot and Pearl Ashes; passed April 7, 1802-3
W. 48.
Passed March 3, 1302.
An Act establishing  an allowance to the Commissioner of
Excise in the city and county of New York, and for other purposes therein mentioned; passed February 22, 1803-3 W. 224.
Allowed to retain five hundred dollars, as a yearly salary.
An Act to increase the number of Wards in the city of New
York, and to equalize the same; passed March 8, 1803-3 W.
225.
This act increases the number of wards to nine, and gives the boundaries of each.
An Act to enable the Mayor, Recorder, and Aldermen, of
the city of New York, to order the raising of moneys by tax,
for the purpose therein mentioned; passed March 10, 1803-3
W. 227.
Seventy-five thousand dollars.
An Act to increase the number of Auctioneers in the city of
New York; passed March 31, 1803-3 W. 228.
Six in addition.




~~38                  TXTITLES OF ACTS.
An Act to  invest the Mayor, Aldermen, and Commonalty of
the city of New  York, with adequate powers in relation to certain objects of importance to the police and health of the said
city; passed April 2, 1803-3 W. 229.
To continue in force for three years and no longer, section 20, and authorizes fines t)
one hundred dollars to be imposed. This act continued without limitation of time, April
2, 1806-4 Webster, p. 516, section 6, except only those particulars in which this act (of
April 2, 1806, here referred to), or any act passed at that session (1806), may vary the
provisions thereof.
An Act to  regulate  the curing, packing, and inspection  of
Beef and Pork, to be exported from  the State  of New  York;
passed April 6, 1803-3 W. 342.
Second section provides for the appointment of an inspector in New York. This act
repeals all former laws upon the subject, section 17. Repealed by act of April 9, 1804 —
3 W. p. 630. Repealed again March 27, 1807-3 W. p. 83.
An Act supplementary to  an  act, entitled, an act to provide
against infectious and  pestilential Diseases; passed  February
28, 1804-3 W. 469.
An Act regulating the election  of Representatives from  this
State, in the House of Representatives of the Congress of the
United States; passed March 20, 1804-3 W. 4G8.
By the first section, the county of Kings, the county of Richmond, and the city and
county of New York, shall compose the second and third districts, and shall elect two
representatives. Repeals the former act of March 30, 1802.
An Act establishing Courts of Justices of the Peace in and for
the city of New  York; passed MIarch 24, 1804-3 W. 437.
Justices' (now Marine) court. Amended April 4, 1806-4 W. 520. The law and the
amendatory act repealed and the courts re-organized, Alril 6,1807 —   W.155, section 62G
An Act to continue the act, entitled, an  act relative to  the
Circuit Courts and  Sittings, in  the  city  and  county  of New
York, and for other purposes; passed April 4, 1804-3 W. 457.
The act of March 16, 1803, in relation to returning able and sufficient jurors, not to extend to any court to be held in the city and county of New York.
An Act to regulate the Duties and Fees of certain Officers in
the Chancery, and for other purposes; passed April 4, 1S04-3
W. 458.
An Act relative to the election of Charter Officers in the city
of New  York; passed April 5, 1804-3 W. 4z26.
Amended March, 18,18-5 W. 275. Third section of which extends the time of holding the polls to three days.
An Act to enable the Corporation of the city of New  York to
raise moneys by tax; passed April 6, 1804-3 W. 432.
Seventy-five thousand dollars.
An Act to amend an act, entitled, an act to regulate Sales by




TITLES OF ACTS.                               39
public Auction, and to prevent Stock Jobbing; passed April 6,
1804-3 W. 474.
The act amended may be found in Kent and Rad. vol. I, p. 408. Amended by the
act of March 28, 1806, 4 W. 419-and continued in force until March 1, 1808.
An Act to incorporate the German Society in the city of New
York, for charitable purposes; passed April 6, 1804-3 W. 606.
An Act for the Repacking and Inspection of Beef and Pork;
passed April 9, 1804 —3 W. 630.
This act, by the twenty-sixth section, repeals all former laws upon the same subject.
Repealed so far as it relates to the appointment and duties of tappers, &c., by the act
of March 28, 1805 —5 W. 66. The eleventh and twelfth sections repealed by the act of
March 19, 180S-5 W. 287.
An Act for the relief of the  poor in the city of New  York;
passed January 30, 1805-4 W. 4.
The corporation of the city are authorized by this act to take down the wooden
bastions at the battery, for fuel for the poor.
An  Act to  incorporate  the Provident Society, the  Mutual
Benefit Society, the Benevolent Society, the Albion Benefit
Society, of the city of New  York, and the Social Society of the
city of Schenectady; passed February 16, 1805-4 W. 7.
Act of incorporation to remain in force fifteen years. Name of " The Albion Benefit
Society" altered to " The Albion Benevolent Society of the City of New York;" March
7, 1806-4 W. 353.
An Act to amend an act, entitled, an  act to  incorporate the
Stockholders of the United Insurance Company, in the city of
New  York; passed February 16, 1805 —4 A. 11.
By this act, the corporation is extended to the 1st of -May, 1815.
An Act to amend an act, entitled, an act for giving Relief in
cases of Insolvency, and for other purposes; passed February
25, 1805-4 W. 19.
In relation to the publication of notices in the American Citizen and the laws of the
state. The first section of this act repealed by the act of April 3, 1811-6 W. 200.
An Act for the relief of Hannah  Shipley; passed  March 2,
1805-4 W. 22.
An Act to continue the provision of the public Hospital in
the city of New  York; passed March 2, 1805-4 W. 22.
Repealed by the act of March 14, 1806-4 MW. 3S6.
An  Act to  enable  the Trustees  of the  German  Lutheran
Church in the city of New York to sell the lot of land therein
mentioned; passed March 9, 1805-4 W. 40.
An  Act relative to  the Public  Health  in the city of New
York; passed March 9, 1805-4 W. 43.




40                            TITLES OF ACTS.
The last section amended by the act of March 21, 1806-4 W. 410; and the powers
of commissioners of health transferred to the common council of New York. Further
amended by supplementary act of March 21, 1806-Ib. 411.
An Act to repeal so much of the Act, entitled, an Act for the
Repacking and Inspection of Beef and Pork, as relates to the
office of Tappers and Examiners; passed March 28, 1805-4
W. 66.
The act of April, 1804, so far as it relates to tappers and examiners of beef and pork,
is repealed by this act.
An  Act  to  enable  the  corporation  of New  York  to  raise
moneys by tax; passed March 28, 1805-4 W. 71.
Annual tax law.
An Act for the Relief of John Berry; passed March 29, 1805
-4 W. 145.
Relative to a title to a lot of ground in Nassau street, New York.
An Act for the Inspection of Lumber; passed March 30,
1805-4 W. 107.
Providing for the appointment of inspectors and superintendent in the city of New
York; and to continue in force two years.
An Act to incorporate the Stockholders of the Commercial
Insurance Company of New York; passed April 4, 1805-4 W.
147.
An Act relative to the Masters and Wardens and Pilots of the
Port of New  York; passed April 4, 1805-4 W. 176.
This act repeals all former acts and laws relative to masters and wardens, and the
regulation of branch and deputy pilots. The 15th section amended by the act of March
21, 1806, (4 W. 396,) and the rates of pilotage, in certain cases, fixed. The first section
of the act repealed by the act of February 12, 1808-5 W. 254.
An Act to incorporate the Society instituted in the city of
New York for the establishment of a Free School, for the Education of poor children who do not belong to, or are not provided for by, any  Religious Society; passed April 9, 1805-4
W. 265.
Amendatory act of April 2, 1806, (4 W. 515,) authorizing the trustees to hold their
monthly meetings on any day of the week they may deem convenient, instead of the
second Monday of the month, as by this act required.
An Act to incorporate  the Society of Tammany, or Columbian Order, in the city of New  York; passed April 9, 1805-4
W. 278.
An Act for the Payment of certain Officers of Government,
and for other purposes; passed April 10, 1805 —4 W. 306.
The 31st section confirms the appointment of inspectors of election made on the 3d of
April, 1805, instead of the 1st of April, 1805.
An Act to  incorporate the Trustees of the Marine Hospital,




TITLES OF ACTS.                          41
called the Sailor's Snug Harbor, in the city of New York;
passed February 6, 1806-4 W. 323.
An Act concerning the Mayor's Court and Court of General
Sessions of the Peace in the city of New York; passed February 7, 1806-4 WT. 329.
In case of the prevalence of any pestilence, the mayor or recorder may direct the holding the said courts at any other places than the City Hall.
An Act to enable the Corporation of the city of New York to
raise moneys by tax; passed February 17, 1806-4 W. 332.
One hundred and twenty thousand dollars.
An Act to alter the name of the Albion Benefit Society in the
city of New York; passed March 7, 1S06-4 W. 353.
An Act to repeal an act, entitled, an act appointing Trustees
of the Estate of Peter R. Kissam, late of the city of New York,
deceased; passed March 14, 1806-4 TW. 363.
An Act to amend an act, entitled, an act to incorporate the
Stockholders of the Marine Insurance Company of New York;
passed March 14, 1806-4 W. 377.
Act of incorporation passed March 16,1802-3 W. 147.
An Act to incorporate the Trustees of the First Protestant
Episcopal Charity School in  the  city of New  York; passed
March 14, 1806 —4 W. 378.
Amended April 4, 1807-5 W. 142.
An Act for the better and more permanent Support of the
Hospital in the city of New York; passed March 14, 1806 —4
W. 386.
This act repeals the act of March 2, 1805, continuing the provisions to the hospital,
and makes an annual appropriation until 1857, from the state treasury, for the use of
this hospital, of 12,500 dollars, chargeable upon the duties arising from auction sales in
this city.
An Act to incorporate " The Associated Body of House Carpenters of the city of New  York;" passed March 14, 1806-4
W. 387.
The act to remain in force until the first of April, 181G.
An Act respecting the Free School of St. Peter's Church in
the city of New York; passed March 21, 1806-4 W. 393.
An Act to explain an act, entitled, an act relative to the Master and Wardens and Pilots of the Port of New York; passed
March 21, 1806 —4 W. 396.
See the act referred to of 4th April, 1805-4 W. 176.




42                          TITLES OF ACTS.
An Act explanatory of the last section of an act, entitled, an
act relative to  the  Public Health of the  city of New  York;
passed March 21,  S06 — 4 W. 410.
See the act referred to of 9th IMarch, 1805-4 W. 43.
An  Act supplementary  to  the Acts respecting  the Public
Health; passed March 21, 1806-4 W. 411.
By this act, vessels from the Mississippi and West Indies, arriving at the port of New
York, between the first of June and first of October, to remain at quarantine four days,
or a longer time, as the health officer shall prescribe.
An Act fixing the place from whence to compute the Sheriff's
Mileage Fees for the county of Delaware, and  for other purposes; passed MIarch 2S, 1806 —4 W. 419.
This act establishes certain fees for the clerk of the police of the city of New York,
which are incorporated in the revision of 1813.
An Act authorizing the Jailer of the Jail of the city and county of New  York, to receive certain  Fees; passed April 2, 1806
-4 W. 441.
This act is incorporated in the revision of 1813, 1 v. p. 433, and the fees increased.
An Act to amend an act, entitled, " An Act to incorporate the
Society instituted in the city of New  York, for the establishment of a Free School for the education of such poor children
as do not belong  to, or are  not provided  for by, any religious
society;" passed April 2, 1806 —4 W. 513.
See the act referred to of April 9, 1805-4 W. ). 265.
An Act for the better Government of the city of New  York,
and to grant additional Powers and Rights to the Mayor, Aldermen  and Commonalty  thereof, and to  explain, continue and
amend the respective acts therein  mentioned; passed  April 2,
1806- 4 W. 514.
Authorizes penalties of $250, and their ordinances to continue for three years, unless
repealed, enacted for a shorter time, or repealed by the legislature. These provisions
are re-enacted in the revised act of 1813, and by the nineteenth section, the act is made
a public act, and to be construed beneficially to the corporation, to promote good order,
&c. Repealed April 6, 1807, 5 W. 155, sec. 62. See tie act referred to of March 2.1,
1804, 3 W. p. 437.
An Act to amend an act, entitled, " An Act for establishing
Courts of Justices of the Peace in and for the city of New York;
passed April 4, 1806 —4 W.'520.
An Act to incorporate a company in the  city of New  York
by the name, style and description of the " Eagle Fire Company
of New  York;" passed April 4, 1806-4 Wi. 565.
An Act concerning the appointment of Inspectors of Elections in the cities of New  York, Albany and  Schenectady, and
for other purposes; passed April 7, 1806-4 W. 362.




TITLES OF ACTS.                               43
Authorizes the appointment of inspectors of elections at any time, between the first
and tenth days of April. The statute March 24, 1808, 1 W. p. 264, sec. 2, required the
appointment to be made on the first Tuesday of April in every year.
An  Act  to  incorporate  the New  York  Mason's  Society;
passed February 20, 1807-5 W. S.
An Act to incorporate  the  Phoenix  Insurance  Company  of
New  York; passed February 20, 1807-5 W. 13.
Amended by the act of March 25, 1814. 27 Session, Laws of 1814, p. 68.
An Act for building a Free Bridge across a part of Harlenm
River; passed February 20, 1807-5 W. 17.
That is, to Great Barn Island.
An  Act respecting  Elections  in  the  city  of New  York;
passed February 20, 1807-5 W. 18.
One section only fixing the time of the opening of the polls, at or before ten A. M.
and of closing at sundown.  Iepealed March 29, 1813, 2 vol. Rev. L. of 1813, p. 259,
sec. 29.
An Act for the encouragement of Free Schools in the city of
New  York; passed February 27, 1807-5 W. 20.
An Act to incorporate the Ancient Briton'sBenefit Society of
the city of New  York; passed February 27, 1807-5 W. 23.
An Act to enable the Corporation of the city of New  York to
raise Moneys by Tax; passed March 13, 1807-5 W. 42.
One hundred and twenty thousand dollars.
An  Act to  regulate the  Fishing  with  Set Nets in Hudson
River, and to prevent the obstruction in the Navigation thereof;
passed 3Iarch 20, 1807 —5 W. 64.
Amended by the act of March 24, 1809, 5 W. p. 465. This act and the amendatory act
repealed by the act of April 11, 1815. Laws of 1815, p. 148.
An Act to cede the Jurisdiction of certain Lands in this State
to the United States; passed March 20, 1S07-5 W. 67.
See supplementary act of March 18, 1808, p. 278.
An Act for the  Inspection  of Lumber;  passed  March  27,
1807-5 W. 81.
Repealed by the repealing act of December 10, 1828, 3 Rev. S. p. 132, and all acts
amending the same. Incorporated in the revision of 1813, 1 vol. p. 237.
An Act to organize a Third Regiment within  the First Brigade of Artillery of the State, passed March 27, 1807-5 WY. 87.
Extending the term  of service in the first, second and third regiments, to seven
years.
An Act empowering the Mayor, Aldermen, and Commonalty




4 1                         TITLES OF ACTS.
of the city of New York, to appoint a Clerk of the Common
Council; passed March 17, 1807-5 W. 91.
The legislature reserving the right at any time to alter or repeal this act.  This act is
incorporated in the Rev. L. of 1813, 2 vol. p. 404.
An Act to incorporate the Hibernian Provident Society of the
city of New  York; passed April 3, 1S07-5 W. 105.
An Act relative to Improvements, touching the laying out of
Streets and Roads in the city of New York, and for other purposes; passed April 3, 1807-5 W. 125.
Appointing Governeur Morris, Simeon De Witt, and John Rutherford, commissioners
of streets and roads. Amended by the act of March 24, 1809,5 W. p. 475; and also by
the act of June 16, 1812, 6 W. p. 518; by which the ninth, tenth, and eleventh sections
are repealed.
An Act to Incorporate the New York Society of Journeymen
Shipwrights; passed April 3, 1807-5 W. 130.
An Act to erect a Powder Magazine within the  city of New
York; passed April 3, 1807 —5 W. 134.
Extended March 11, 1808. See p. 275, same vol.
An Act to amend an act, entitled, "An  Act to  incorporate
the Trustees of the first Protestant Episcopal Charity School, in
the city of New  York;" passed April 4, 1807 — 5 W. 142.
An Act for establishing Courts of Justices of the Peace and
Assistant Justices, in and for the city and county of New York;
passed April 6, 1807 —5 W. 155.
This act repeals the act of March 22, 1804, and the act amending the said act.
Amended March 18, 1808, same vol. p. 281.
An Act to Incorporate the Caledonian Society of the city of
New  York; passed April 6, 1807-5 W. 216.
An Act to Incorporate the Mutual Aid Society of the city of
New  York; passed April 6, 1807-5 W. 217.
An Act to Incorporate the Orphan Asylum  Society in the city
of New York; passed April 7, 1807-5 W. 236.
This act of incorporation has been several times amended. By the act of March 30,
1811, 6 W. p. 175, the annual sum of five hundred dollars was given to it arising out of
auction duties. By the act of April 21, 1828, certain rights were vested in the society,
and again by the act of April 25, 1832, p. 473.
An Act for the Inspection of Fish; passed April 7, 1807-5
W. 238.
Repealed March 19, 1808, same vol. p. 284, sec. 1C.
An Act to amend  an  act, entitled, " An  Act for the better
government of the city of New York, and to grant certain addi



TITLES OF ACTS.                           45
tional Powers and Rights to  the Mayor, Aldermen, and Commonalty thereof, and to explain, continue and amend the respective acts therein mentioned;" passed April 2, 1806; passed January 26, 180S-5 W. 250.
This statute consists of one section only, reserving the waters from the east side of
Coenties slip to the west side of Whitehall slip, for the sole use of sloops and other market vessels, from March 20, to December 20, each year.
An Act to revive and  continue the act, entitled, "An Act
relative to the Circuit Courts and Sittings in the city and county
of New York; passed February 12, 1808-5 W. 251.
Revives them for an indefinite period.
An Act supplementary to an act, entitled, " An Act relative
to the Harbor Master, and Master and Wardens and Pilots, of
the Port of New York;" passed April 3, 1801; passed February 12, 10SS-5  VW. 254.
This act was, no doubt, intended as supplementary to the act April 4, 1805, 4 W. p.
176, which repeals the act of 1808.
An Act to Incorporate the Society, formed in the State of
New York, for promoting the Manumission of Slaves, and protecting such of them  as have been or may be liberated; passed
February 19, 1808 —     5  V. 256.
An Act to amend the Act, entitled, an Act for the Inspection
of Flour and Meal; passed March 4, 1808 —6 W. 261.
Supersedes the power of the inspectors of New York to appoint a deputy in Kings
county. Repealed 8th November, 1808-5 W. 433.
An Act constituting a Clerk for the Court of Oyer and Terminer and  General Jail Delivery, and  General Sessions of the
Peace, in and for the city and county of New  York; passed
March 11, 180S-5 W. 265.
An Act to authorize the purchase of a Lot of Ground, for the
site of a Powder Magazine in  the city of New  York, and for
other purposes; passed March 11, 1808-5 W. 275.
This act amended and confirmed by the 14th section of the act of March 29, 1809-5
W. 522.
An Act for Dividing the Seventh Ward of the city of New
York, and for extending the time of Charter Elections in the said
city; passed March 18, 1808-5 W. 275.
The polls of the election to remain open three days.
An Act to enable the Corporation of the city of New York to
raise Moneys by tax; passed March 18, 1808-5  VW. 276.
One hundred and thirty thousand dollars.
An Act supplementary to an Act, entitled, an Act to Cede




46                           TITLES OF ACTS.
the Jurisdiction of certain Lands in this State to the United
States (passed March 20, 1807); passed March 18, 1808-5 W.
278.
The act, of which this is supplementary, was passed March 20, 1807, and relates to
land covered with water between Long Island and Staten Island, and to Ellis and Oyster
Islands in the harbor of New York.
An Act to  amend the Act, entitled, an  Act for establishing
Courts of Justices of the Peace and Assistant Justices, in and
for the city and county of New  York  (passed April 6, 1807);
passed March 18, 1808-5 W. 281.
See the act referred to of April G, 1807-5 W. 155.
An Act for the Inspection of Fish; passed March 19, 1808 —
5 W. 2S2.
This act repeals the act of the 7th of April, 1807, entitled " an act for the inspection
of fish."
An Act for the erection of a State Arsenal in the city of New
York; passed MIarch 19, 1808-5 W. 285.
Amended by the act of November 8, 1808-5 W. 439.
An Act to amend the Act, entitled, an Act for the Repacking
and Inspection of Beef and Pork; passed March  19, 1808-5
W. 287.
This act repeals the 11th and 12th sections of the act amended.
An Act for the better regulation of auctioneers in the cities
of New York and Albany; passed March 25, 1808-5 W. 291.
By the 1st section of this act, auctioneers are to have but one store, and that to be
designated.
An Act supplementary to  an Act, entitled, an Act for supplying the city of New  York with pure  and wholesome water;
passed March 25, 1808-5 W. 294.
The Manhattan Company.
An Act for the more speedy Collection of Taxes and Assessments in the city of New York; passed April 1, 180S-5 W.
297.
This act authorizes and directs the sale of lands of non-residents for taxes, in certain
cases.
An Act to contribute to the Defence of this State, and for
other purposes; passed April 6, 1808-5 W. 312.
The 3d section of this act is incorporated in the revision of 1813, vol. 1, p. 151. See
this vol. title " Records."
This act authorizes the removal of banks, records, &c., in certain specified cases.
An Act declaring the punishment of certain Crimes, and for
other purposes; passed April 8, 1808-5 W. 336.
The 17th section authorizes convicts to be sent to the fortifications.




TITLES OF ACTS.                               47
An Act authorizing the purchase of an additional quantity of
Ordnance, Arms and Ammunition, for the use of this State, and
for other purposes; passed April 8, 1808-5 W. 348.
By the last section, public ground, adjacent to the government house, granted to the
corporation.
An Act to divide the State into  districts for the election of
Representatives in the  Congress of the United  States; passed
April 8, 11508-5 W. 250.
By the first section, the city and county of New York, and the counties of IRichmond
and Rockland, comtpose the second district.
Repealed by the act of June 10, 1812, (G W. 459,) and the districts re-organized.
An Act to amend an act, entitled, an  act for the  settlement
and Relief of the Poor, and for other purposes; passed April.8,
1808   5 W. 363.
This act transfers the power of the mayor, recorder, and aldermen of the city of New
York, to the commissioners of the alms-house and bridewell, in relation to binding out
apprentices, &c., under tle 4hl section of the act, entitled,  an act concerning apprentices and servants."
lThis act is incorporated in the Rev. Laws of 1813, 2d vol. 440.
An Act for the more speedy Recovery of Debts to the value
of Twenty-five Dollars; passed April 11, 1808-5 W. 375.
Amended February 2, 1S09, same vol. p. 440. Do. March 30, 1S09; do. 568.
An Act to direct the Secretary to procure a State Standard of
Long Measure, and for other purposes; passed April 11, 1808W. 404.
Repealed by the act of March 24, 1809-5 W. 466.
An Act to. vest certain powers in the Recorders of the cities
of Albany and  Hudson, and for other purposes; passed April
11, 1808-5 W. 408.
The 3d section applies to the City of New York, and empowers the Clerk of the Supreme Court to perform certain duties in the absence of the Recorder.
An  Act to  incorporate the  New  York  Missionary Society;
passed 180S, 31 session-vol. of private acts, p. 3.
An Act to incorporate the Academy in the city of New York
for the promotion of Arts; passed 31 sess.-ibid. 6.
An  Act to  incorporate  the Mutual Benefit Society therein
mentioned; passed 31 sess.-ibid. 20.
An Act to confirm  the Partition of certain  Lots of Land  in
the city of New  York  between  the Heirs of the late Nicholas
Bayard; passed 31 sess.-ibid. 28.
An Act further to amend an act, entitled an act to incorporate the New  York Insurance  Company: passed 31 sess.-ibid.
33.




48                      TITLES OF ACTS.
An Act respecting the Free School Society; passed 31 sess.ibid. 99.
An Act to incorporate the New York Baptist Missionary Society; passed 31 sess.-ibid. 109.
An Act to incorporate the Thistle Society in the city of New
York; passed 31 sess.-ibid. 136.
An Act to incorporate the American Fur Company; passed
31 sess.-ibid. 140.
An Act to incorporate the Mutual Relief Society in the city
of New York; passed 31 sess.-ibid. p. -.
An Act to revive an act, entitled, an act to amend an act, entitled an act to regulate sales by public auction, and to prevent
Stock Jobbing; passed November 8, 1808-5 W. 432.
The act revived to remain in force until March 1, 1812, and no longer.
An Act relative to the Inspection of Flour and Fish, and for
other purposes;/passed November 8, 1808-5 W. 438.
This act repeals the first section of the act of March 4, 1808, and revives the 3d section
of the act of April 3, 1801, relative to the inspection of flour and meal.
An Act making further provision for the erection of an Arsenal in the city of New  York, and for other purposes; passed
November 8, 180S —5 W. 439.
An Act to enable the Corporation of the city of New York to
raise moneys by tax; passed February 2, 1809-5 W. 441.
One hundred and thirty thousand dollars.
An Act to incorporate the Friendly Society of the town of
Harlem; passed February 10, 1809 —32 sess.-Laws of 1809vol. of private laws, p. 21.
An Act authorizing the Employment of certain Convicts in
the city and county of New York; passed February 10, 18095 W. 445.
This act is incorporated in the revision of 1813-2 Rev. L. 438.
An Act to incorporate the New  York Historical Society;
February 10, 1809-32 sess. laws of 1809-vol. of private laws,
p. 26.
An Act relative to a Standard of Long Measure, and for other
purposes; passed March 24, 1809-5 W. 466.




TITLES OF ACTS.                            49
An Act to amend  an act, entitled an act to regulate Fishing
with Set Nets in Hudson River, and to prevent obstructions in
the Navigation thereof; passed March 24, 1809-5 W. 468.
Repealed by the act of April 11, 1815-Laws of 1815, 3d vol. p. 148.
An Act to amend the act, entitled  an  act for the settlement
and relief of the poor; passed April 8, 1809-5  YW. 471.
Authorizing poor lunatics to be sent to the hospital in New York, on certain conditions.
An  Act respecting  Great Barn Island;  passed  March  24,
1809-5 W. 473.
An Act to invest the Mayor, Aldermen and Commonalty of
New York, with further powers relating to the regulation of
Pawnbrokers; passed March 24, 1809-5 W. 474.
This act is incorporated in the revision of the Laws of 1813-2 V. 444.
An Act respecting Streets in  the city of New  York; passed
March 24, 1809-5 W. 475.
Relating to laying out Canal street. Amended by the act of April 2, 1810-6 W. 47.
Further amended by the act of June 19, 1812-6 W. 563.
An Act relative to Crimes, and for other purposes; passed
March 27, 1809-5 W. 501.
The fourth and fifth sections relate to the Court of General Sessions of New York, and
extend its jurisdiction to all crimes, excepting cases affecting life, and extend the time
of holding the court to the third Saturday from the commencefment. See the act of
April 9, 1811, 6 W. 289.
An act rendering Bonds taken for the Jail Liberties Assignable, and for other purposes; passed March 28, 1809-5 W. 509.
The fourth and fifth sections relate to the Jail limits of the city of New York.
An Act to  organize the Militia  of this State; passed March
29, 1800 —5 W. 530.
This act repeals the act of April 7, 1801, and all other acts relating to the same
subject.
An Act to incorporate a Company in the city of New York,
for the purpose of manufacturing paints and other articles-32
Sess. vol. of private acts, p. 28.
An Act to enlarge the powers of the Orphan Asylum Society,
in the city of New  York; passed February 10, 1809-same vol.
p. 6.
Session 32, laws of 1809.
An Act to incorporate the Friendly Society of the Town of
Harlem-same vol. p. 21.
4




50                   TITLES OF ACTS.
An Act to incorporate the New York Historical Societysame vol. p. 26.
An Act to incorporate the Manhattan Provident Society of
the city of New York-same vol. p. 27.
An Act to incorporate the Mutual Insurance Company of the
city of New York-same vol. p. 149.
An Act for the separation of the first Presbyterian Church of
the city of New York-same vol. p. 39.
An Act to enable the trustees of the Presbyterian Church in
Cedar street, and the Rector and Churchwardens and Vestrymen of Grace Church in the city of New York, to hold real and
personal estate, of the annual value of the income therein
mentioned-same vol. p. 97.
An Act supplementary to the act, entitled, an act to incorporate the New York Missionary Society-same vol. p. 140.
An Act to confirm the sale of a House and lot of land in the
Ninth Ward of the city of New York, made to Michael Hogan,
and the deed thereupon executed to him by the Commissioners
in Partition-same vol. p. 69.
An Act to incorporate the Assistant Society of the city of
New York, for charitable purposes; passed February 17, 181033 Sess.-vol. of private laws, p. 22.
An Act to incorporate the Firemen of the city of New York,
as an Insurance Company; passed March 2, 1810-same vol.
p. 35.
An Act to incorporate the Society of the Economical School,
in the city of New York; passed March 16, 1810-same vol.
p. 30.
An Act to incorporate the New York African Society for mutual relief; passed March 23, 1810-same vol. p. 107.
An Act to incorporate the Stockholders of the State of New
York Slate  Company; passed March 23, 1810-same vol.
p. 115.
An Act respecting the Free School Society of New York;
passed March 30, 1810-same vol. p. 136.
An Act to amend an act, entitled, an act for building a Free




TITLES OF ACTS.                         51
Bridge across a part of Harlem  River, passed February 20,
1807; passed April 2, 1810-same vol. p. 156.
An Act to incorporate the Society in the city of New York,
for the relief of poor Widows with small Children; passed April
5, 1810 —same vol. p. 165.
An Act for aiding the Trustees of the African Free School in
the city of New York, in erecting a building for the accommodation of the School under their care; passed April 5, 1810-same
vol. p. 202.
An Act to alter the style and title of the Society of the New
York Hospital in the city of New  York, in America, and to
amend the Charter thereof; passed March 9, 1810-6 W. 11.
Altered to "The Society of the New York Hospital."
An Act for the promotion of Medical Science in the State of
New York; passed March 12, IS10-6 W. 12.
It relates to the purchase by the state of the Botanic Garden, owned by Dr. IIosack,
and the consideration authorized to be raised by a lottery.
An Act further to amend the Act, entitled, an Act to regulate the Sales by Public Auction, and to prevent Stock Jobbing,
and for other purposes; passed March 16, S110-6 W. 15.
An Act to enable the Corporation of the city of New York to
raise moneys by tax; passed March 16, 1810-6 W. 17.
One hundred and twenty thousand dollars.
An Act relative to Columbia College in the city of New York;
passed March 20, 1810-6 W. 24.
An Act to incorporate the New York Slate Company; passed
IMarch 23, 1810-6 W. 26.
An Act for the support of the New  York Hospital; passed
March 23, 1810-6 W. 27.
Annuity of 3,500 dollars for ten years, to be paid quarterly; chargeable to duties
arising on sales at auction in this city; reserving the power of repealing this act.
An Act to amend the Act, entitled, an Act to regulate the
Ferry and Rates of Ferriage between the city of New York
and the Island of Nassau; passed April 2, 1810-6 W. 36.
Amended by the act of June 15, 1812-6 W. 490. This act is incorporated in the revision of 1813-2 Rev. L. 355. See this vol. title " Ferries."
An Act to enable the Mayor, Aldermen, and Commonalty of
the city of New York to dispose of certain Lands, heretofore




52                           TITLES OF ACTS.
taken for the purpose of opening and forming Canal street, and
for other purposes; passed April 2, 1810-6 W. 47.
By this act, the inspectors of the election, appointed by the common council, to hold
stated elections for representatives to the congress of the United States, have power to
fill vacancies, and shall be the inspectors of every election for the said district.
An Act relative to the jurisdiction  of certain Waters in the
Bay  of New   York, and  the vicinity  thereof; passed April 5,
1810-6 W. 57.
Annexes all the waters of this state, in the bay of New York and to the southwaid
thereof, and not comprehended in the city and county of New York, or in any other
county, to the city and county of New York; but not to be subject to any ordinance or
by-law of the common council, &c. See the bounds of the city of New York in this
volume, title "New York."
An Act for the Recording of Deeds, in the city and county of
New York; passed April 5, 1810-6 W. 72.
Repealed by the act of March 30, 1811-6 W. 1S4. These acts authorize and require
the recording of deeds by the clerk of the city and county of New York. By the act
passed March 13, 1812 (6 W. 363), a register's office is established, and the former duties
of the clerk of the city and county, in relation to recording deeds, &c., are transferred
to the register. The act is incorporated in the revision of 1813, vol. 2, p. 402,
An Act concerning the Clerks of the Supreme  Court of this
State, and for other purposes; passed April 6, 1810-6 W. 85.
By this act, the clerk of the supreme court in the city of New York is allowed the sum
of three thousand dollars salary, and the sum of one thousand and six hundred dollars
for clerk hire and office expenses. This act is incorporated in the revision of the laws
of 1813, vol. 1, p. 243.
An  Act to incorporate  the  Stockholders of the New  York
Sugar Refining Company; passed March 22, 1811-6 W. 140.
Amended by the act of January 24, 1831, and the charter extended to March 22, 1851.
An Act to amend an Act, entitled, an Act to incorporate the
Eagle Fire Company of New York; passed March 23, 1811-6
W. 159.
An Act supplementary to an Act, entitled, an Act respecting
Streets in  the city  of New  York; passed March 24, 1811-6
W. 192.
An Act to enable the Corporation of the city of New  York to
raise Money by Tax, and for other purposes; passed March 29,
1811-6 W. 172.
One hundred and twenty thousand dollars. Collectors of taxes to enter upon the
duties of their office on the first Monday in May. The common council authorized to
make rules and regulations, and to impose penalties as to sweeping chimneys.
An Act for the further encouragement of Free Schools in the
city of New  York; passed March 30, 1811-6 W. 174.
No misnomer of this corporation (free schools) in any deed, will, &c., to affect the
same, if intent be ascertained.




TITLES OF ACTS.                              53
An Act for the Benefit of the Orphan Asylum  Society; passed March 30, 1811-5 W. 175.
This society was incorporated April 7, 1807 (5 W. 236), and was further amended by
the act of April 21, 1828-p. 391.
An  Act to explain  the Act, entitled, an Act to incorporate
the Phoenix Insurance  Company  of New  York; passed March
30, 1811-6 W. 179.
An Act authorizing the cession to the United  States of the
Title and Jurisdiction of this State to  the Lands therein mentioned; passed March 30, 1811-6 W. 182.
An Act concerning the Recording of Deeds in the city of New
York; passed March 30, 1811-6 W. 184.
Repeals the act of April 5, 1810 (6 W. 72), and by this act deeds are to be recorded
by the county clerk. By the act " to reduce," &c. (2 Rev. L. 206) the duties of the county clerk of the city and county of New York are transferred to the register, in relation
to recording of deeds, &c.
An Act to  amend the Act, entitled, an Act to incorporate
the Stockholders of the Commercial Insurance Company of New
York; passed April 3, 1811-6 W. 209.
An Act supplementary to an Act, entitled, an Act respecting
Streets in the city of New  York;  passed  March 24, 1809 —
passed April 3, 1811-6 W.
Assessment for laying out Canal street.
An Act to incorporate the Society of Teachers of the city of
New  York for Benevolent and Literary purposes; passed April
4, 1811-6 W. 230.
An Act to establish a Board of Wardens  of the Port of New
York, and for the regulation of Pilots and Pilotage of the said
Port; passed April 9, 1811-6 W. 277.
This act repeals all former laws upon the same subject, and the 16th section is partially repealed by the act of June 8, 1812-6 W. 438.
An Act to  improve the Police of the city of New  York, and
for other purposes; passed April 9, 1811-6 W. 289.
By this act, the court of general sessions is to hold the term for two weeks, and the
special justices are made, ex officio, judges of the court, and to account for property in
their office. The 6th and 15th sections repealed by the act of June 18, 1812-6 W.
539.
An Act for the  Payment of certain Officers of Government,
and for other purposes; passed April 9, 1811-6 W. 329.
The 43d section directs school money to be paid by the common council of the city of
New York to the congregation of Shearith Israel of said city.
An Act to render the Provost of Columbia College in the city




54                          TITLES OF ACTS.
of New York eligible to be a Trustee thereof; passed February
14, 1812 —6 W. 348.
An Act to provide for the Election of an additional number of
Trustees to the Free School Society of New York, and for other
purposes; passed February 28, 1812-6 W. 357.
Six additional trustees allowed by this act to be elected annually, in addition to the
number heretofore authorized.
An Act to provide for the due Preservation of the Records and
Papers in the office of the Clerk of the Supreme Court in the
city of New  York; passed May 26, 1812-6 W. 378.
Authorizing him to procure boxes and papers, &c.
An Act concerning the State Prison; passed May 21, 18126 W. 369.
By this act, the judges of the supreme court and the mayor of New York are to make
rules for the government of the state prison, &c. Repealed by the repealing act of December 10, 1828-3 Rev. St. 129.
An Act to establish a Register's office in and for the city and
county of New York; passed March 13, 1812-6 W. 363.
This act establishes the register's ofice, and directs the delivery of books and deeds to
the register, from the clerk of the city and county of New York.
This act is incorporated in the revision of 1813. Vide act "to reduce," &e.-vol. 2,
p. 402.
An Act to authorize the sale of certain Public Property in the
city of New  York; passed May 26, 1812-6 W. 396.
The government house, and the lands adjoining, to be sold to the city for notless
than fifty thousand dollars. Amended by the act of April 13, 1813-36 sess. laws of
1813, p. 221.
An Act to amend an Act, entitled, an Act for the more effectual prevention of Fires, and to regulate Buildings in the city of
New  York; passed June 1, 1812-6 W. 405.
The 1st, 2d, 3d, 4th, 5th, 6th and 7th sections of the act of March 27, 1801 (K. & R. 114)I
are repealed by this act.
An Act to enable the Mayor, Recorder, and Aldermen of the
city of New  York to raise Money by  Tax, and for other purposes; passed June 1, 1812-5 W. 408.
One hundred and sixty thousand dollars, and the common council authorized to cause
wells and pumps to be made and assessments therefor upon the adjoining property, &c.
Amended by the act of June 18, 1812-6 W. 548.
An Act to enable Daniel McCormick, of the city of New York,
merchant, to make certain provisions by will for the sale of real
estate; passed June 2, 1812-6 W. 412.
An Act to repeal a part of the Act, entitled, an Act to establish  a Board  of Wardens of the Port of New  York, and for the




TITLES OF ACTS.                                  55
regulation  of the  Pilots  and  Pilotage of the said Port, and for
other purposes; passed June 8, 1812-6 W. 438.
Repeals the 16th section of the act of April 9, 1811 (6 WT. 277), so far as the said section relates to any vessel belonging to a citizen of the United States, or any master,
owner, or consignee of any such vessel. Allows the excise commissioner to retain 750
dollars per annum for his services.
An  Act to divide the  State into Districts for the Election of
Representatives  in  the  Congress of the  United States; passed
June 10, 1812-6 W. 459.
By this act, the counties of Suffolk, Queens, Kings, Richmond, and the first and second wards of the city of New York shall compose the first district, and shall elect two
representatives. The third, fourth, fifth, sixth, seventh, eighth, ninth, and tenth wards
of the city of New York shall compose the second district, and shall elect two representatives.
Amended by the act of June 16, 1812-6 W. 513.
An Act concerning  the  Sittings appointed to be held in and
for the city and county  of New  York, on Mlonday, the fifteenth
day of June, 1812; passed June 12, 1812-6 W. 467.
An Act to amend the Act, entitled, an Act to amend an Act,
entitled, an Act to regulate the Ferry and rates of Ferriage between the city of New York and the island of Nassau (passed
the 2d of April, 1810), and for other purposes; passed June 15,
1812-6 W. 490.
This act authorizes the employment of barges, or row-boats of any breadth. The
other parts of the act relate to Brooklyn exclusively. See the act amended by this act
of April 2, 1810-6 W. 36.
An Act providing for the Election of Representatives for this
State in the Congress  of the  United  States; passed  June  16,
1812 —6 W. 513
This act directs the general election of representatives for 1812 to be held on the third
Tuesday in December, 1812, and the two succeeding days, under a late apportionment
law of congress.
An Act relative to the opening, laying out and forming, and
extending, enlarging, and otherwise improving Streets, Avenues,
Squares and Public Places, in the city of New York; passed
June 16, 1812-6 W. 518.
This act repeals the 9th, 10th and 11th sections of the act of April 3, 1807 (5 W.
125), and authorizes certain debts to be funded; and the substance of the act is incorporated in the revision of 1813-act " to reduce," &c., vol. 2, p. 408.
An Act to amend an Act, entitled, an Act to improve the
Police of the city  of New  York, and  for other purposes; passed
June 18, 1812-6 W. 539.
Repeals the 6th and 15th sections of the act of April 9, 1811-6 W. 289. By this act,
the special justices are clothed with the same power in relation to the public peace of
the city as the justices of the counties. It is incorporated in the revision of 1813-2 Rev.
L. 350.
An Act regulating the power of Taxing Costs in the Court of
Chancery; passed June 18, 1812-6 W. 540.
The chancellor to name a master in the city of New York, who shall have the power
of taxing costs, &c.




56                         TITLES OF ACTS.
An Act to  incorporate the American Insurance Company of
New  York; passed June 18, 1812-6 W. 544.
An Act to grant certain additional powers to the Mayor, Aldermen, and Commonalty of the city of New York, and for other
purposes; passed June 18, 1812-6 W. 548.
Sunday laws-butchers-poor children-commissioners of the alms-house-gaminghouses-hackney coaches-pawnbrokers-penalties to 250 dollars. Wells and pumps,
and the expense thereof, how assessed.
An Act to incorporate  the  New  York Marble  Company;
passed June 19, 1812-6 W. 553.
An Act to enable the Rector,. Churchwardens and Vestrymen
of St. George's Church in the city of New York to hold real
and personal estate of the annual value or income therein mentioned; passed June 19, 1812-6 W. 554.
Not exceding six thousand dollars.
An Act for the appointment of Commissioners to ascertain
the best method of Conveying off the Waters from  the Collect
and Lispenard's Meadow in the city of New York; passed June
19, 1812-6 W. 563.
This act appoints Cornelius HIoward, Esq., of Baltimore; Eli Whitney, Esq., of New
Haven, and Robert Fulton, Esq., of New York, commissioners.
Amended by the act of April 9, 1S13-vol. 3, 185.
An Act to lay a duty on Strong Liquors, and for regulating
Inns and Taverns; passed April 7, 1801 —1 Rev. L. 176.
An Act to prevent Horse-racing, and for other purposes therein mentioned; passed MIarch 19, 1802-1 Rev. L. 222.
An Act for the relief of Cities and Towns from  the maintenance of Bastard Children; passed February 25, 1813-1 Rev.
L. 306.
This act is repealed by the repealing act of December 10, 1828, p. 129. No. 82.
An Act concerning the Supreme Court; passed February 25,
1813-1 Rev. L. 318.
By this act, the May term of the court is directed to be held in the city of New York,
and the recorder to be ex officio a commissioner, to perform certain duties of a judge of
the said court. This act is repealed by the repealing act of December 10, 1828, 3 Rev.
S. p. 129, No. 85.
An Act for regulating Trials of Issues, and for returning able
and  sufficient Jurors; passed February 25, 1813-1  Rev. L.
325.
Repealed by the repealing act of December 10, 1828, 3 Rev. S. p. 129, No. 88.
An Act declaring the punishment of certain crimes; passed
March 19, 1813-1 Rev. L. 407.




TITLES  OF ACTS.                                 57
By the twenty-first section of this act, convicts in New York may be put to hard labor
at the fortifications. Repealed by the repealing act of December 10, 1828, 3 Rev. S. p.
129, No. 104.
An Act to regulate Weights and Measures; passed March 19,
1813-1 Rev. L. 376.
Repealed by the repealing act of Dec. 10, 1828, 3 Rev. S. p. 129, No. 93.
An Act for the  recovery of Debts to  the value  of Twentyfive Dollars; passed April 5, 1813-1 Rev. L. 387.
Repealed by the repealing act of Dec. 10, 1828, 3 Rev. S. p. 129, No. 101.
An Act concerning  the Circuit Courts and  Sittings, and  the
Courts of Oyer and Terminer, and Jail Delivery; passed April
5, 1813 —1 Rev. L. 335.
Repealed by the repealing act of Dec. 10, 1828, 3 Rev. S. p. 129, No. 89.
An Act concerning Sheriffs and their Duty, in respect to process, arrests, and the keeping of Prisoners; passed April 6,
1813-1 Rev. L. 418.
By the second section of this act, the sheriff of New York is required to enter into a
bond with sureties, being freeholders, to the amount of twenty thousand dollars. This
act is repealed by the repealing act of Dec. 10, 1828, Rev. S. 3 vol. p. 129, No. 108.
An  Act relative  to  Jails; passed  April 6, 1813-1  Rev. L.
427.
The twenty-third, twenty-fourth, and twenty-fifth sections of this act prohibit spirituous liquors being taken into the jails of New York and Albany, and impose a penalty
for violating these provisions. These provisions may be found in Kent and R. 1 vol. p.
360. This act is repealed by the repealing act of Dec. 10, 1828, 3 vol. Rev. S. p. 129, No.
109, excepting the fourteenth, fifteenth, twenty-eighth, and twenty-ninth sections, the
last section of which relates to the jailor's fees in New York.
An Act relative to the Court of Probates, the office of Surrogate, and the  granting  of Administrations; passed  April 8,
1813-1 Rev. L. 444.
Repealed by the repealing act of Dec. 10, 1828, No. 111.
An  Act for the  relief and  settlement of the poor;  passed
April 8, 1813-1 Rev. L. 279.
This act relates to the city of New York. It is repealed by the repealing act of Dec.
10, 1828, 3 Rev. S. p. 129, No. 80, and all acts and parts of acts amending the same, or
relating to the subject matter thereof.
An  Act relative to District Attorneys; passed April 9, 1813
-1 Rev. L. 413.
By this act, the state is divided into eleven districts, and the city and county of New
York, and the counties of Suffolk, Queens, Kings, and Richmond shall be the first district. Repealed by the repealing act of December 10, 1828, 3 Rev. S. p. 129, No. 106.
An  Act for giving  Relief in  cases  of Insolvency;  passed
April 12, 1813-1 Rev. L. 460.
Repealed by the repealing act of Dec. 10, 1828, 3 Rev. S. p. 129, No. 115, and all acts
and parts of acts amending the same, as are not consolidated and re-enacted in the
Rev. S.




58                            TITLES  OF ACTS.
An Act concerning the Court of Chancery; passed April 10,
1813-1 Rev. L. 486.
The first section in this act requires two tei*ns of the court of chancery to be held in
New York every year, and that the register shall keep his office in the city of New
York or Albany, as the chancellor shall direct. This act is repealed by the repealing
act of Dec. 10, 1828, 3 Rev. S. p. 129, No. 120.
An Act to divide this State into Counties; passed March 26,
1813-2 Rev. L. 31.
By this act, the state is divided into forty-seven counties, and the boundaries of New
York are given. Repealed, No. 127, repealing act of Rev. S.
An Act relative to the Duties and Privileges of Towns;
passed March 19, 1S13-2 Rev. L. 125.
Repealed, No. 129, except the twentieth and twenty-third sections. The twentieth
section authorizes the common council of New York to make rules and regulations for
making, mending, and maintaining the fences in the city.
An Act concerning the Court of Common Pleas and General
Sessions of the Peace in the several Counties of this State;
passed April 5, IS13   2 Rev. L. 141.
Repealed, No. 131, 3 Rev. S.
An Act relative to the  Clerk's Office in certain Counties, and
the removal of Public Records; passed April 9, 1813 —2 Rev. L.
151.
Repealed, No. 133, except section 5, which empowers the governor, or, inhis absence,
the common council, to authorize and direct the removal of the public records of the city,
and also, in case of danger from the enemy, to authorize and direct the temporary removal of the banks, insurance companies, and other moneyed institutions from the city,
which section see in the Compilation.
An Act to regulate sales by Public Auction, and to prevent
Stock Jobbing; passed April 6, 1813 —2 Rev. L. 181.
Repealed, No. 134.
An Act to Incorporate  Medical Societies, for the purpose  of
regulating  the practice of Physic and Surgery  in  this  State;
passed April 10, 1813-2 Rev. L. 219.
Sections twelfth, twentieth, twenty-first, and twenty-second, repealed, No. 110.
An  Act relating to the University; passed  April 5, 1813-.
2 Rev. L. 260.
An act relating to the different Colleges in this State; passed
April 9, 1813-1  Rev. L. 265.
The first nine sections relate to Columbia College.
An Act for the Inspection of Flour and Meal, and to establish
the Standard Weight of Grain therein mentioned; passed March
5, 1813-2 Rev. L. 320.
Repealed by No. 148, and all acts and parts of acts amending the same, or relating to
the subject matter thereof.




TITLES OF ACTS.                               59
An Act for the Repacking and Inspection of Beef and Pork;
passed March 12, 1S13-2 Rev. L. 324.
Repealed by No. 149, except section twenty-six, as to the beef and pork preserved for
exportation by Joseph Sparrow.
An Act for the Inspection of Fish; passed March 26, 18132 Rev. L. 330.
Repealed by No. 150, and all acts and parts of acts amending the same, or directing
the appointment of inspectors of fish.
An Act concerning the Inspection of Pot and Pearl Ashes;
passed February 25, 1813-2 Rev. L. 333.
Repealed by No. 151, and all acts and parts of acts amending the same, or relating to
the subject matter thereof.
An Act to regulate the Culling of Staves and Heading; passed
March 26, 1813-2 Rev. L. 336.
Repealed by No. 152, and all acts and parts of acts amending the same, or relating to
the subject matter thereof.
An  Act concerning the inspection of Sole Leather; passed
March 5, 1813-2 Rev. L. 340.
Repealed by No. 153, and all acts and parts of acts amending the same, or directing
the appointment of inspectors of sole leather, or prescribing the fees to be paid to
them.
An Act to reduce several laws, relating particularly to the
City of New  York, into one Act; passed April 9, 1813-2 Rev.
L. 342.
An  Act relative  to  the  Pilots of the port of New  York;
passed April 10, 1813-2 R. L. 461.
This act is continued by the act of April 15, 1814 —p. 219.
An Act concerning the Mayor's Court in the Cities of Albany
and Hudson, and the Mayor's Court and General and Special Sessions of the Peace in the City of New  York; passed April 9,
1813-2. L. 501.
Repealed, No. 154.
An Act declaring the Powers and Duties of Justices of the
Peace; passed April 19, 1813-2 R. L. 506.
Repealed, No. 155.
An Act for the assessment and collection of Taxes; passed
April 5, 1813-2 R. L. 509.
Repealed by No. 156-and all acts amending the same, or relating to the subject matter of the said act.
An  Act to  provide  against infectious and  pestilential Diseases; passed March 26, 1813-2 R. L. 524.
Repealed, No. 157, and all acts amending the same, or relating to the subject matter
thereof.




60                        TITLES OF ACTS.
An act concerning the Fund for the encouragement of Common Schools; passed April 9, 1813-2 R. L. 537.
Repealed, No. 158.
An Act for the more effectual Punishment of Persons who
shall be guilty of the Trespasses therein mentioned in the Cities
of New York, Albany and Hudson, and the Township of Schenectady; passed March 24, 1787-2 R. L. 539.
Repealed, No. 159.
An Act designating the duties of the Commissary of Military
Stores, and relative to the Arsenals and Public Stores; passed
April 1, 1802-2 R. L. 545.
Repealed, No. 160. See the next chapter on the same subject, p. 547. Repealed,
No. 161.
An Act supplementary to the act, entitled, an act for the establishment of Common  Schools; passed March 12, 1813-3
L. 38.
This act is incorporated in the revision of the laws of 1813, vol. 1, p. 266. Repealed
by the act of November 19, 1824, p. 337.
An Act to repeal the sixth section of the act, entitled, an act
to incorporate the American Insurance Company of New York;
passed March 12, 1813-3 L. 42.
The act incorporating the company was passed June 18, 1812-6 W. p. 544, amended.
Same session laws of 1814, p. 176, amended, and continued in laws of 1824, p. 6.
An Act to enable the Mayor, Recorder and Aldermen of the
city of New  York  to raise money by tax; passed  March 19,
1813-3 L. 61.
One hundred and thirty thousand dollars.
An Act to incorporate the Female Association of the City of
New York, and to amend the act relative to the Geneva Friendly Society; passed March 26, 1813-3 L. 91.
Amended by the law of 1819, p. 216.
An Act relative to the Sittings appointed to be held in the
City of New York, on the first Monday of April, 1S13-3 L. 94.
An Act to enable the  Trustees  of the  German  Reformed
Church in the  city of New  York to  sell certain Lots of land;
passed April 2, 1813-3 L. 137.
An Act authorizing a Dam to be built across Harlaem River;
passed April 8, 1813-3 L. 161.
M'Comb's Dam, reserving the rights of John B. Coles and his assignees, and the Harlaem Bridge Company, as to the rights of John B. Coles and his assignees-see 2 Kent
and Radcliff, p. 489, 490, 491 and 492.




TITLES OF ACTS.                            61
An  Act further to  suspend  the Collection of assessments
therein mentioned; passed April 9, 1813-3 L. 185.
Amended by the act of April 15, 1814, laws of 1814, p. 200.
An Act concerning Pilots of the Port of New York; passed
April 10, 1813-3 L. 194.
This act was revived and continued in force until April 1, 1818, by the act of April 18,
1815, p. 256; and was further continued by the act of April 21, 1818, p. 288, to the first
day of April, 1820.
An Act relative to the Managers of Lotteries; passed  April
13, 1813-3 L. 315.
The fifth section of this act relates to selling tickets at auction, in the city of New
York. This act is incorporated in the Revised Laws of 1813, vol. 1, p. 270.
An Act to alter the name of the Corporation of Trinity Church
in New York, and for other purposes; passed January 25, 1814
-3 L. 37 session b. 6.
Altered to the " Rector, Churchwardens, and Vestrymen of Trinity Church in the city
of New York."
An Act for the relief of the Rector, Churchwardens, and Vestry of the Protestant Episcopal Church  of St. Mark's in  the
Bowery, in the city of New  York; passed February 4, 18143 L. 10.
This act authorizes the corporation to convey certain grounds, &c.
An Act to incorporate the Humane Society of the city of New
York; passed February 4, 1814-3 L. 12.
An Act to vest the title to certain Lands in the City of New
York, in the Mayor, Aldermen and Commonalty of the said city;
passed February 11, 1814.
Premises bounded by Whitehall, Bridge and State streets, and land adjoining the
government house.
An Act to repeal a part of the act, entitled  " an act to vest
the title to certain lands in the city of New York, in the Mayor,
Aldermen and Commonalty of the said city," passed February
11, 1814; passed March 4, 1814.
An Act to incorporate the Washington Insurance Company
of the City of New York; passed March IS, 1814-3 L. 56.
Amended by the act of April 12, 1816, p. 111.
An Act to incorporate the York and Jersey Steamboat Ferry
Company; passed March 18, 1814-3 L. 60.
An Act to incorporate the Ursuline Convent of the city of
New York; passed March 25, 1814-3 L. 66.
An Act to amend an act, entitled, an act to incorporate the




62                           TITLES OF ACTS.
Phoenix Insurance Company of New  York; passed  3March  25,
1814-3 L. 69.
An Act to incorporate the Literary and Philosophical Society
of the city of New  York; passed March 25, 1814-3 L. 69.
An Act to enable the Rector, Churchwardens, and Vestrymen
of Grace Church, in the city of New York, to hold real and personal estates, of the annual value or income therein mentioned;
passed March 25, 1814-3 L. 72.
Not exceeding six thousand dollars.
An Act to amend an act, entitled, an act to  incorporate the
Trustees of the Marine Hospital, called the Sailor's Snug Harbor
in the city of New  York; passed March 25, 1814-3 L. 78.
This act was amended by the act of April 19, 1828, p. 351. The original act was
passed February 6, 1806, 4 W. p. 323. The chancellor, mayor and recorder, &c., are
ex officio trustees to the corporation.
An Act to amend the act, entitled, an act to reduce the  several laws relating particularly to the city of New  York  into one
act, so far as the same relates to the Register in and for the city
of New York; passed April 1, 1814-3 L. 94.
This act relates to certificates of freedom of blacks and mulattoes, and directs them
to be filed with the register.
An Act to incorporate the North  American  Coal Company;
passed April 6, 1814-3 L. 115.
Charter extended twenty-one years by the act of April 21, 1832, Laws of 1832, p. 377.
An Act to incorporate the New  York  Coal Company; passed
April 6, 1814-3 L. 118.
By this act, the corporation is declared to extend to the first Tuesday of June, 1835,
and by the act amending and continuing this corporation, it is declared the corporation
shall continue in force until the sixth day of June 1856, and shall be known as " The
New York and Tuscarora Coal Company."  Vide the act, laws of 1832, p. 472.
An Act for the relief of the Stockholders of the late  Marine
Insurance Company of New  York; passed April 13, 1814-37
Sess. 3 vol. 138.
An Act instituting a Lottery for the promotion of Literature
and for other purposes; passed April 3, 1814-37 Sess. vol. 3,
142.
By the sixth section of this act, the botanic garden is granted to Columbia college,
upon certain conditions specified in the act, and, by the twelfth section, thirty thousand
dollars is to be paid to the college of physicians and surgeons of the city of New York.
Part of the sixth section and all the seventh section of the said act are repealed by the
act of February 19, 1819, p. 26.
An Act relative to Inspectors of Beef and Pork in the city of
New  York; passed April 13, 1814-37 Sess. vol. 3, 149.
An Act to amend an Act, entitled, An Act to incorporate the




TITLES OF ACTS.                               63
American Insurance Company of the city of New  York; passed
April 15, 1814, 37 Sess. vol. 3, 176.
An  Act relative  to  the Lottery, granted  to  the  Board of
Health  of the city of New  York; passed  April 15, 1814-37
Sess. vol. 3, 186.
By an act, passed April 7, 1806, the board of health were authorized to raise the sum
of twenty-five thousand dollars by lottery, for the purpose of erecting buildings upon,
for the accommodation of the sick. And by an act passed April 11, 1808, they were
authorized to raise the further sum of five thousand dollars for tie benefit of the orphan
asylum.
An Act to authorize and empower the Rector, Wardens, and
Vestrymen of St. Stephen's Church, in the  city of New  York,
to  sell and  convey property therein  mentioned and for other
purposes; passed April 15, 1814-37 Sess. vol. 3, 172.
May hold real and personal estate to the yearly value of sixty thousand dollars.
An Act to  amend an Act, entitled, an Act relative  to  Improvements touching the laying out of Streets and Roads in the
city of New York and for other purposes, passed April 15, 1814
-37 Sess. vol. 3, 206.
Relates to " The Parade," and tb the act of April 9, 1313, 26 Sess. p. 185.
An Act to  continue in force an Act, entitled, an Act relative
to Pilots of the port of New  York; passed April 15, 1814-37
Sess. vol. 3, 219.
This act revives and continues in force one year " an act relative to pilots of the port
of New York," April 10, 1813, 2 Rev. L. p. 4G1.
An Act to incorporate the New  York Patent Oil Company;
passed April 15, 1814-27 Sess. vol. 3, 216.
An Act for the payment of Certain  Officers  of Government
and other purposes; passed  April 15, 1814-37 Sess. vol. 3,
250.
By the twenty-fifth section, any alderman or special justice in the city of New York
may execute certain duties of coroner, and by the forty-second section, a certain room
in the city hall to be furnished at the expense of the state. The duties imposed upon all
aldermen or special justices by this section are enlarged, 2 Rev. S. p. 743, sec. 9.
An Act concerning Vessels in the Port of New  York; passed
October 24, 1814-38 Sess. vol. 3, 25.
This act empowers the mayor, aldermen and commonalty of the city of New York to
remove vessels lying or being in the harbor or port of New York. The act expressly
limits its power to " during the present war with Great Britain."
An Act to  provide  for the Repayment of certain  sums of
money, advanced by the Corporation of the city of New York,
for the  defence of this  State  and for other purposes; passed
October 24, 1814-38 Sess. vol. 3, 30.
An Act in  addition  to  the Act relative to the next Term  of




64                       TITLES OF ACTS.
the Supreme Court, and to postpone the November Sittings in
the city of New York; passed October 24, 1814-38 Sess. vol.
3, 34.
An Act to enable the Trustees of the Presbyterian Church in
Cedar street, in the city of New York, to hold Real and Personal Estate to the annual value or income therein mentioned;
passed February 17, 1815-38 Sess. vol. 3, 39.
Not exceeding five thousand dollars.
An Act to incorporate the Butchers' Benevolent Society of
New York; passed March 3, 1815-38 Sess. vol. 3, 59.
This act is revived and continued fifteen years by the act of April, 1831, p. 190.
An Act to incorporate an Association for the Relief of respectable, aged, indigent, Females in the city of New York;
passed March 19, 1815-38 Sess. vol. 3, 74.
An Act relative to the United Insurance Company in the city
of New York, and for further extending the period limited by
law for the expiration thereof; passed March 17, 1815.
Until the first day of May, 1835.
An Act to amend an Act, entitled, an Act to Incorporate the
Eagle Fire Company of New York; passed March 24, 181538 Sess. vol. 3, 78.
Authorized to execute policies, &c., without their seal.
An Act to amend the Act, entitled, an Act to Incorporate the
Firemen of the city of New York as an Insurance Company;
passed March 31, 1815-38 Sess. vol. 3, 110.
Same as last and other matters.
An Act apportioning the Members of Assembly of this State
according to the rule prescribed by the Constitution; passed
April 8, 1815-38 Sess. vol. 3, 143.
By the first section, New York has eleven members.
An Act to amend an Act, entitled, an Act for regulating
Elections (passed March 20, 1813); passed April 11, 181538 Sess. vol. 3, 146.
The three sections repeal the act of March 29, 1813, so far as relates to the city and
county of New York; and this act is repealed by the repealing act of Dec. 10, 1828, 3
vol. 1ev. S. p. 129.
An Act concerning Distresses for rent in the city and county
of New York; passed April 11, 1815 — 38 Sess. vol. 3, 156.
Repealed by the repealing act of Dec. 10, 1828, 3 Rev. S. 3 vol. p. 129.




TITLES OF ACTS.                                65
An Act altering the time of Electing  Charter Officers in  the
city of New  York; passed April 11, 1815-38 Sess. vol. 3, 160.
Repealed by the repealing act of April 7, 1830, 4 sec.  Vide " New York," charter of.
An Act to amend an act, entitled, an Act relative to the Court
of Probates, the  office of Surrogate, and  the  granting of Administrations; passed April 11, 1815-33 Sess. vol. 3, 161.
It provides for the appointment of a public administrator, and details his duties.
This act repeals the seventeenth, eighteenth, nineteenth, twentieth, twenty-first,and
twenty-second sections of the act of April 8, 1813, 1 Rev. L. p. 444, and the twentyninth section of the act to reduce the several laws relating particularly to the city of
New York into one act; passed April 9, 1813, 2 vol. Rev. L. p. 342.
An act relative to Bastard Children in the city of New  York;
passed April 11, 1815-38 Sess. vol. 3, 163.
The act authorizes the commissioners of the alms-house to compromise with the
putative fathers of bastard children. Repealed by the repealing act of Dec. 10, 1828,
Rev. S. 3 vol. p. 129.
An Act to enable the Mayor, Recorder, and Aldermen of the
city  of New  York  to raise Money  by Tax; passed  April 11,
1815-3S Sess. vol. 3, 164.
One hundred and eighty thousand dollars.
An Act relative to Taxes and Assessments in the City of New
York; passed April 11, 1815.
An Act for the more effectual Prevention of Fires in the City
of New  York; passed April 11, 1815 —38 Sess. vol. 3.
An  Act to  Incorporate  the National Insurance  Company;
passed April 14, 1S15-38 Sess. vol. 3, 173.
Amended by the act of April 14, 1815, p. 8.
An  Act to  incorporate  the  Pacific  Insurance  Company;
passed April 14, 1815-38  Sess. vol. 3, 179.
This act is amended by the act of March 20, 1S27, authorizing a reduction of the shares
of the stock of the company. Laws of 1827, p. 97.
An Act respecting the four great Senatorial Districts of this
State; passed April 17, 1815-38 Sess. vol. 3, 209.
By the first section of this act, the southern district, the city and county of New York,
the counties of Kings, Queens; Suffolk, Richmond, Westchester, Putnam, Dutchess, and
Rockland shall elect six senators.
An Act to amend  an  act, entitled  an Act for Repacking and
Inspecting Beef and Pork, and for other purposes; passed April
18, 1815-38 Sess. vol. 3, 238.
This act directs the inspection of beef and pork to be made in stores, and not elsewhere in the city of New York. The act repeals the act of March 12, 1813, relating to
the repacking and inspection of beef and pork, 2 Rev. L. p. 324, and is repealed by the
repealing act of Dec. 10, 1828, 3 Rev. S. 3'vol. p. 129.
5




66                        TITLES OF ACTS.
An Act to continue in force an act, entitled, an Act relative to
the Pilots of the Port of New  York; passed April 18,181538 Sess. vol. 3, 249.
Reviving and continuing the act relative to pilots of the port of New York; passed
April 10, 1813, 2 Rev. L. p. 402, until the 1st day of April, 1818..
An Act to extend the act, entitled, an Act to Incorporate the
Phoenix Insurance Company, of New York; passed April 18,
181.5-38 Sess. vol. 3, 256.
This act repeals the act of March 25, 1814, chap. 59, p. 56.
An Act to Incorporate  the Fulton Steamboat Company;
passed April 18, 1815-38 Sess. vol. 3, 256.
An Act to amend an Act, entitled, an Act to Incorporate the
National Insurance Corhpany in the city of New York; passed
April 14, 1815-39 Sess. vol. 4, S.
An Act to vest certain lands in  the Mayor, Aldermen, and
Commonalty of the city of New York; passed March 29, 1816.
39 Sess.
Fulton Alarket.
An Act to amend an Act, entitled, an Act to Incorporate the
Pacific Insurance Company of New York; passed April 5, 1816
-39 Sess. vol. 4, 70.
An Act to enable the Mayor, Recorder, and Aldermen of the
city of New York to raise Money by Tax; passed April 5, 1816
-39 Sess. vol. 4, 75.
One hundred a'nd sixty thousand dollars. By the fifth section of this act, it is declared, that the third section of the act, entitled, an act for the assessment and collection of taxes, does not apply to the city of New York, but that the assessment shall be
yearly made under the annual tax laws of the city.
An Act relative to the duties and powers of Commissioners of
Estimate and Assessment on opening streets and avenues; passed
April 5, 1816-39 Sess. vol. 4, 77.
An Act to amend an act, entitled, an Act to Incorporate the
Washington Insurance Company of the  city of New  York
(passed March 18, 1814);passed April 12, 1S16 —39 Sess. vol. 4,
111.
Authorized to execute policies, &c., without seal.
An Act vesting in the Trustees of St. Peter's Church in the
city of New York, and State of New York, all the Right and
Title of the People of this State, in the estate of Ann Eleanor
Graham, deceased; passed April 12, 1816-39 Sess. vol. 4, 117.
An Act to amend the act, entitled, an act to Incorporate the




TITLES OF ACTS.                         67
Mutual Insurance Company of the city of New York; passed
April 12, 1816-.39 Sess. vol. 4, 120.
Authorizes to execute policies without seal.
An Act for the Relief of certain of the Devisees of Petrus
Stuyvesant, deceased; passed April 16, 1816-39 Sess. vol. 4.
An Act to enable the Society of the New York Hospital to
erect a new Building for the accommodation of Insane Patients;
passed April 17, 1816-39 Sess. vol. 4, 235.
An Act authorizing the Commissary General to fill up the
ground adjoining the State Arsenal, in the city of New York;
passed November 12, 1816-40 Sess. vol. 4, 8.
An Act to amend an act, entitled, an act to Incorporate the
New  York Manufacturing Company (passed June 15, 1812);
passed February 21, 1817-40 Sess. vol. 4, 30.
Altered to " the president and directors of the Phoenix Bank."
An Act to amend an act, entitled, an act authorizing the arrest of ships or vessels for debts, contracted by the Master,
Owner, or Consignee, for and on account of such ships or vessels in this State (passed August 10, 1798); passed February
18, 1317-40 Sess. vol. 4, 49.
By the second section,;the justice's court of the city of New York shall have jurisdiction of the matters contained in the act and the amendatory act.
An Act for the relief of the Eagle Manufacturing Company;
passed February 28, 1817 —    vol. L. 50.
An Act authorizing the Mayor, Aldermen, and Commonalty
of the city of New York to take possession of certain lands;
passed IMarch 14, 1817-4 vol. L.
Property bounded by Fulton, Front streets, and Crane Wharf.
An Act explanatory of the proviso in the second section of an
act, entitled, an act further to amend an act, entitled, an act to
incorporate the New  York  Mianufacturing Company (passed
February 28, 1817); passed March 28, 1817-1 vol. L. 84.
Original act of incorporation passed June 15, 1812. Amended February 21, 1817,
p. 30.
An Act postponing for one week the next Sittings appointed
to be held in the city of New York, and appointing an Oyer
and Terminer and Circuit Court in the county of Chautaque;
passed March 21, 1817-4 vol. L. 99.
An Act authorizing a loan of Money to the Trustees of the
College of Physicians and Surgeons of the city of New York;
passed March 21, 1817-4 vol. L. 100.




68                       TITLES OF ACTS.
An Act to incorporate the auxiliary New York Bible and
Common Prayer Book Society; passed March 28, 1S17-4 vol.
L. 102.
An Act to amend the act, entitled, an act to incorporate the
Academy instituted in the city of New York, for the promotion
of the Arts; passed MIarch 28, 1817-4 vol. L. 114.
An Act to authorize the Directors of the New York Society
of St. John to alienate their real estate; passed Mlarch 28, 1817
-4 vol. L. 120.
An Act respecting the Free School Society of New York;
passed April 5, 1817-4 vol. L. 150.
Directing the application of surplus moneys by the trustees.
An Act to provide for the dissolution of incorporated Insurance Companies in the city of New York; passed April 5,
1817-4 vol. L. 150.
Repealed by the repealing act of December 10, 182 —3 Rev. Stat. p. 129.
An Act to facilitate the intercourse between the Western
part of this State and the city of New York; passed April 5,
1817-4 vol. L. 169.
An Act to enable the Mayor, Recorder, and Aldermen of the
city of New York to raise money by a tax; passed April 5,
S117-4 vol. L. 179.
Annual tax law, one hundred and eighty thousand dollars.
An Act to incorporate the members of the religious Society
of Roman Catholics, belonging to the  Congregation  of St.
Peter's Church in the city and county of New York; passed
April 11, 1817-4 vol. L. 239.
This act is amended by the act of April 3, 1821, p. 244.
An Act to incorporate the New York Female Assistant Society; passed April 11, 1817-4 vol. L. 244.
An Act to amend an act, entitled, an act to reduce several
laws relating particularly to the city of New York into one act,
passed April 14, 1817-4 vol. L. 273.
This act relates to the appointment, duty and fees of the pilots, and amends the two
hundred and ninety-eighth section of the act to reduce the several laws relating particularly to the city of New York into one act-2 Rev. Laws.
An Act to amend an act, entitled, an act to regulate the
Culling of Staves and Heading; passed April 14, 1817-4 vol.
L. 270.
This act gives the fees of the inspector general and cullers of staves and heading in




TITLES OF ACTS.                               69
New York, and repeals the sixth section of the law of March 26, 1813, and is repealed
by the repealing act of December 10, 1828, 2 Rev. Stat. p. 270.
An Act to incorporate the members of the religious Society
of Roman  Catholics, belonging  to  the  Congregation  of St.
Patrick's Cathedral in the city of New  York; passed April 14,
1817- 4 vol. L., 275.
An Act to incorporate  the Roman Catholic Benevolent Society of the city of New  York; passed April 15, 1817-4 vol.
L. 343.
An Act to enable Clement C. Clarke to  sell certain  lands
therein mentioned; passed April 15, 1817-4 L.
Two lots.at Greenwich.
An Act for the relief of Ann Warner; passed February 10,
1818 —4 vol. L. 6.
This act relates to lot of ground in the city of New York released by the state to Ann
Warner.
An Act concerning the New York Firemen's Insurance Company; passed February 27, 118-8 4 vol. L. 11.
By this act, the business of the company is to be closed, and new stock created, and
the act to incorporate the firemen of the city of New York as an insurance company,
passed March 2, 1810; and the act, entitled an act to amend the act, entitled an act to
incorporate the firemen of the city of New York, passed March 1, 1815, are to apply and
continue in force.
An Act to incorporate the New York Typographical Society;
passed February 27, 1818-4 vol. L. 13.
The duration of this charter by the act is fifteen years. It was amended by the act
of April20, 1832, and revived and continued fifteen years. See laws of 1832, p. 337.
An Act for the relief of Eliza Hatfield; passed March 6, 1818
-4 vol. L. 25.
This act relates to certain real estate in the fourth ward of the city of New York.
An Act to enable the Presbyterian Church in Cedar street, in
the city of New  York, to hold real and personal estate to  the
annual value or income therein mentioned; passed March 13,
18118-4 vol. L. 33.
An Act to incorporate the Franklin Fire Insurance Company;
passed March 13, 1818-4 vol. L. 34.
An Act authorizing the appointment of Gaugers and Inspectors of Fisl Oils; passed March 31, 1818 —4 vol. L.
By this act, one inspector to be appointed for the city of New York, whose jurisdiction
is to include Brooklyn. The act is repealed by the repealing act of December 10, 1828
-3 Rev. Stat. p. 129.
An Act to incorporate the Union Insurance Company; passed
3Iarch 31, 1818-4 vol. L. 63.




70                      TITLES OF ACTS.
An Act further to amend an act, entitled, an act to incorporate the Stockholders of the New York Insurance Company;
passed April 10, 1818-4 vol. L. 84.
An Act to incorporate the MIercantile Insurance Company of
New York; passed April 10, 1818-4 vol. L. 89.
An Act to incorporate the Young Men's Missionary Society
of New York; passed April 10, 1818-4 vol. L. 119.
An Act relative to the foundations of Buildings in the city of
New York; passed April 10, 1818-4 vol. L.
An Act to incorporate the New York Benevolent Society 
passed April 15, 1818-4 vol. L. 134.
An Act to revive an act, entitled, an act to incorporate the
Society of Teachers, in the city of New York, for benevolent
and literary purposes; passed April 15, 1818-4 vol. L. 137.
An Act concerning the seal of the Court of Common Pleas,
called the Mayor's Court of the city of New York; passed April
15, 1818-4 vol. L. 144.
An Act to vest certain powers in certain judges of the Courts
of Common Pleas, and for other purposes; passed April 20, 181S
-4 vol. L. 173.
By the last section, judges of the supreme court, who shall reside in New York, entititled to fees for chamber business. This act is repealed by the act of December 10,
1828-3 Rev. Stat. p. 129.
An Act to incorporate the Lyceum of Natural History in the
city of New York; passed April 20, 1818-4 vol. L. 176.
An Act to enable the Mayor, Recorder, and Aldermen of the
city of New York to raise money by a tax; passed April 20,
8118-4 vol. L. 190.
Annual tax law, two hundred and fifty thousand dollars.
An Act for the relief of the corporation of the United German
Lutheran Churches in the city of New York; passed April 20,
1818-4 vol. L. 195.
An Act relative to the Commissioners of Excise in tie city of
New York; passed April 20, 1818-4 vol. L. 208.
An Act authorizing the Health Commissioners of the city of
New York to lay out a road on Staten Island; passed April 20,
1818-4 vol. L. 210.




TITLES OF ACrS.                               71
An Act to  organize the  Militia; passed  April 21, 181S -4
vol. L. 210.
This act, from the forty-sixth section to the sixtieth and last section, relates to the
city of New York, and repeals all former acts relating to the same subject. This act
is repealed by the repealing act of December 20, 1828-3 Rev. Stat. p. 129, and all acts
amending the same, and relating to the subject matter thereof.
An  Act to  amend  an  act, entitled, an  act concerning  distresses, rents, and  renewal of leases, passed April 5, 1813;
passed April 21, 1818-4 vol. L. 235.
Repealed April 13, 1820, session 43, p. 176.
An Act for the preservation of Heath Hens, Partridge, Quail,
and Woodcocks; passed April 21, 1818 —4 vol. L. 265.
This act repeals all former acts upon the same subject, and is repealed by the act of
December 10, 1828-3 Rev. L. p. 129.
An Act to amend an  act, entitled, an act to facilitate the intercourse between the western part of this State and the city of
New York; passed April 21, 118 —L. 283.
Commissioners of the Milford and Owego road, by this act, are authorized to draw a
lottery in the city of New York.
An Act modifying the act, entitled, an act to extend the jurisdiction of justices of the peace, as it respects the city of New
York, and for other purposes; passed April 21, 1818-L. 287.
An Act authorizing the MIayor, Aldermen and Commonalty of
the city of New York to take possession of certain lands; passed
April 21, 1818.
Bellevue Alms House.
An Act to continue in force an act, entitled, an act relative to
the Pilots of the Port of New York; passed April 21, 181 —L.
288.
The original act of which this act is amendatory was passed April 10, 1813-2 Rev.
Laws, p. 461.
An Act for the relief of the Trustees of the third Congregation of the Associate Reformed Church, in the city of New York;
passed February 5, 1819-L. 8.
May have an annual income not exceeding ten thousand dollars arising from their
real and personal estate.
An Act relative  to  Columbia  College  in  the  city of New
York; passed February 19, 1819-L. 26.
The act to which this is amendatory was passed April 13, 1814, p. 142.
An Act to amend an act, entitled, an act to incorporate the
Franklin Fire Insurance Company; passed February 19, 1819
-L. 28.
By this act, the company are authorized to dispense with the use and application of
their corporate seal to contracts.




72                        TIILES OF ACTS.
An Act to enable the Minister, Elders and Deacons, of the
Reformed Protestant Dutch  Church in Garden Street, in the
city of New York, to hold real and personal estate of the annual value or income therein mentioned; passed March 5, 1819
-L. 30.
Not exceeding ten thousand dollars.
An Act to enable the Trustees of the New York Society Library to increase the yearly sums payable on the shares of the
said Library; passed March 5, 1819-L. 33.
An Act to amend the act, entitled, an act to provide for the
incorporation of Religious Societies; passed March 5, 1819-L.
34.
First section relates to Episcopal churches. Second section remedies certain defects
in incorporations then in existence. Third section authorizes all religious incorporations in New York to hold real and personal estate of the annual income or value of
six thousand dollars.
An Act to incorporate the Baptist Education Society of the
State of News York; passed March 5, 1819-L. 36.
An Act for the relief of the Free School Society in the city of
New York; passed March 26, 1819-L. 70.
Five thousand dollars granted to the trustees of said society.
An Act to incorporate the Fulton Fire Insurance Company
in the city of New York; passed April 2, 1819-L. 92.
An Act to incorporate the Merchants' Fire Insurance Company; passed April 2, 1819-L. 97.
An Act to enable the Mayor, Recorder and Aldermen of the
city of New York to raise money by tax; passed April 7, 1819
-L. 119.
Annual tax law, two hundred and fifty thousand dollars.
An Act for incorporating the Ocean Steam Ship Company;
passed April 7, 1819-L. 128.
An Act to incorporate the Mechanic Fire Insurance Company
of the city of New  York; passed  April 7, 1819-42  session,
laws of 1819, p. 131.
An Act to provide for the Inspection of Hops; passed April
9, 1819-Ibid. 144.
This act authorizes the governor and senate to appoint an inspector of Hops in the
cities of New York and Albany, and directs the manner of inspection and the penalties
for neglect, &c.  It is repealed by the repealing act of December 10, 1828-3 Rev.
Stat. 129.
An Act to aid the Erection of Places of Worship at the Quar



TITLES OF ACTS.                             73
antine Ground on Staten Island; passed April 9, 1819-Ibid.
150.
An Act to enable the Minister, Elders and Deacons of the Reformed Protestant Dutch Church in  the  city of New  York to
hold Real and Personal Estate of the annual value or income
therein mentioned; passed April 9, 1819-Ibid. 157.
Twenty-five thousand dollars.
An Act respecting the Female Association; passed April 12,
1819-Ibid. 216.
An Act to incorporate the New York Evangelical Missionary
Society; passed April i2, 1819-Ibid. 218.
An Act to  incorporate  the United  Benevolent Society  of
Tailors of the city of New York; passed April 12, 1819-Ibid.
227.
An Act to incorporate the Society for Promoting the Gospel
among Seamen in the Port of New York; passed April 13, 1819
-Ibid. 235.
An Act in aid of the Institution  for the Instruction of the
Deaf and Dumb; passed April 13, 1819.
Appropriates ten thousand dollars.
An Act to incorporate the Wesleyan Seminary; passed April
13, 1819-Ibid. 249.
An Act relative to Harman street in the city of New  York 
passed April 13, 1819-Ibid. 255.
An Act relative to Lotteries; passed  April 13, 1819-Ibid.
258.
This act applies to the city of New York; and, by the provisions of the act, half the
fines for offences committed in the city and county of New York are to be divided between the Institution for the Deaf and Dumb and the Free School Society of the city
of New York. It repeals all former acts relating to lotteries, and is itself repealed by
the repealing act of December 10,1828-3 Rev. L. 129.
An Act to  incorporate the "French Benevolent Society;"
passed April 13, 1819-Ibid. 273,
An Act to amend an Act, entitled, an Act to  organize the
Militia; passed April 13, 1819-Ibid. 282.
This act repeals the act, entitled, " an act.to organize the militia," passed April 21,
1818 (p. 210), so far as it relates to the city of New York; and is repealed by the repealing act of December 10, 1828-3 Rev. L. 129.
The first seventeen sections apply to the city of New York.
An Act to amend an Act, entitled, an Act to reduce the sev



74                         TITLES OF ACTS.
eral Laws relating particularly to the city of New York into one
Act, so far as it relates to Assistant Justices; passed January 4,
1820-43 session, laws of 1520, p. 4.
See the repealing act of December 10, 1828-3 Rev. Stat. 129, No. 293.
An Act relating to the Assistant Justices of the city of New
York; passed January 11, 1820-43 Sess.
An Act to enable the Corporation of the First Baptist Church
in the city of New York to Sell and Convey the Land therein
described; passed January 21, 1820-Ibid. 10.
An Act for the Relief of the Devisees of Joseph Watkins, deceased; passed January 28, 1820-Ibid. 12.
This act relates to ground and improvements thereon in the eighth ward of the city of
New York.
An Act to incorporate the Cartmen's Benevolent Society of
the city of New York; passed January 28, 1820-Ibid. 17.
An Act for the Relief of Charles Reade; passed January 28,
1820-Ibid. 24.
Relating to a house and lot in William street, New York.
An Act to amend an act, entitled, an act relative to Lotteries
(passed April 13, 1819); passed January 28, 1820-Ibid. 24.
This act repeals part of the 9th, 10th and 11th sections of the act of April 13, 1819 (p.
258), which requires venders of tickets, residing in Albany, Hudson, Schenectady and
Troy, or in any town or county in this state, to take out a license. It is repealed by the
repealing act of Dec. 10, 1828-3 Rev. St. 129.
State office of the managers established in New York.
An Act to amend the act to provide for the Inspection of Distilled Spirits; passed April 13, 1819-Ibid. 47.
This act is repealed by the repealing act of December 10, 1828-3 Rev. S. 129.
An Act to authorize the sale of certain Real Estate belonging
to certain of the devisees of Peter Stuyvesant, deceased; passed
March 7, 1820-43 Sess.
An Act to enable the Mayor, Recorder and Aldermen of the
city of New York to  raise Money by Tax; passed  March 10,
1820-Ibid. 69.
Annual tax law. Two hundred and fifty thousand dollars.
An Act to incorporate the North River Steam Boat Company;
passed March 10, 1820 —Ibid. 72.
An Act to authorize the Rector, Churchwardens and Vestrymen of Trinity Church, in the city of New York, to sell certain
real estate; passed March 24, 1820-Ibid. 76.




TITLES OF ACTS.                         75
An Act to incorporate the consistory of the Reformed Presbyterian Church, in the city of New York; passed March 24,
1820-Ibid. 81.
Income not to exceed five thousand dollars.
An Act concerning the Bank of Savings in the city of New
York; passed March 24, 1820-Ibid. 93.
An Act relative to the Common Lands of the Freeholders and
Inhabitants of Harlem; passed March 28, 1820.-Ibid. 96.
An Act to amend that part of the act, entitled, " An act to
reduce several laws relating particularly to the city of New York
into one act," which relates to Wharves, Piers and Slips; passed
April 7, 1820. [Obsolete.]
An Act relative to the Roman  Catholic Benevolent Society
in the city of New York, passed April 1, 1820-Ibid. 117.
An Act to aid the Erection of a place of Worship at the Quarantine Ground, on Staten Island; passed April 11, 1820-Ibid.
160.
An Act relative to the State  Prison at New  York; passed
April 12, 1820-Ibid. 169.
An Act to amend an act, entitled, an act concerning Distresses
for Rent and Renewal of Leases (passed April 5, 1813), and for
other purposes; passed April 13, 1820-Ibid. 176.
This act repeals the act of April 21, 1818. The fourth section relates particularly to
the city of New York, and gives the construction to certain agreements where the time
is not specified, &c. The act is repealed by the repealing act of December 10, 1828-3
Rev. Stat. 129.
An Act to provide against Infectious and Pestilential Diseases;
passed April 14, 1820-Ibid. 208.
This act applies to the city of New York, and repeals all former laws that come within the purview of it.
An Act making an appropriation for the Support of the New
York and Auburn State Prisons, and for other purposes; passed
April 14, 1820-Ibid. 250.
Fifteen thousand dollars appropriated to the New York State Prison.
An Act requiring the Register in and for the city and county
of New York to appoint a Deputy; passed January 26, 1S2144 Sess.
An act to amend an act, entitled, an Act relative to the General Society of Mechanics and Tradesmen of the city of New




76                        TITLES OF ACTS.
York (passed April 3, 1811); passed January 26, 1821-44 session laws of 1821, p. 10.
Authorized to establish " The Mechanics' School," and " The Apprentices' Library."
An Act to amend an Act, entitled, an Act concerning the
New York Firemen Insurance Company; passed February 27,
1821-Ibid. 14.
Reducing the stock to 300,000 dollars, and altering the name to the " Hope Insurance
Company."
An Act to amend an Act, entitled, an Act to incorporate the
Fulton Fire Insurance Company in the city of New  York;
passed January 29, 1821-Ibid. 16.
An Act for the establishment of a Court of Common Pleas in
the city and county of New York, and for the appointment of
a First Judge of the same; passed February 27, 1821-Ibid. 64.
This act is repealed by the repealing act of December 10, 1828 (3 Rev. Stat. 64), except the 9th and 10th sections, fixing the salaries of the mayor and recorder, which see
in the volume.
An Act to incorporate the New York Nautical Institution and
Ship Masters' Society; passed March 23, 1821-Ibid. 116.
An Act to incorporate the Manhattan Fire Insurance Company in the city of New York; passed March 23, 1821-Ibid. 130.
An Act to amend an Act, entitled, an Act to provide for the
Dissolution of incorporated Insurance Companies in the city of
New  York (passed April 5, 1817); passed March 23, 1821Ibid. 141.
Repealed by the repealing act of December 10, 1828-3 Rev. Stat. 129.
An Act respecting the Sealers and Inspectors of Weights and
Measures in the city of New York; passed March 27, 1821Ibid. 150.
The second and third sections of the act repealed by the act of December 10, 182S-3
Rev. Stat. 129, sec. 329.
An Act to Repeal the Seventh Section of the Act therein
mentioned; passed March 27, 1821-Ibid. 155.
Relating to assistant justices in New York.
An Act to amend an Act, entitled "An act for the establishment of a Court of Common Pleas in the city and county of
New York, and for the appointment of a First Judge for the
same; passed March 30, 1821-Ibid. 179.
Repealed by the act of December 10, 1828-3 Rev. Stat. 129.
An Act relative to the Public Administrator in the city of
New York; passed March 31, 1821-Ibid. 187.
Repealed by the act of December 10, 1828-3 Rev. Stat. 129.




TITLES OF ACTS.                     77
An Act concerning State Prisons; passed April 2, 1821-Ibid.
215.
An Act to amend an act, entitled " An Act to incorporate the
Members of the Religious Society of Roman Catholics belonging
to the Congregation of St. Peter's Church, in the city and county
of New York (passed April 11, 1817); passed April 3, 1821Ibid. 244.
The act incorporating the Society of Roman Catholics may be found in the laws of
1817, April 11, p. 23J.
An Act to incorporate the North River Insurance Company
in the city of New York; passed February 26, 1822-45 session, laws of 1822, p. 16.
An Act for the Relief of the Trustees of the Bethel Baptist
Church in the city of New York; passed February 8, 1822Ibid. 21.
An Act to incorporate the Farmers' Fire Insurance and Loan
Company; passed February 28, 1822-Ibid. 47.
An Act to incorporate the New York Mechanic Life Insurance
and Coal Company; passed February 28, 1822-Ibid. 54.
An Act to continue in force the act to incorporate the Ancient
Britons' Benefit Society of the city of New  York; passed
March 22, 1822-Ibid. 75.
Chartered the 27th of February, 1807-continued for twenty-one years from the 22d
of March, 1822.
An Act to incorporate the New York Horticultural Society;
passed March 22, 1822-Ibid. 79.
An Act to enable the Mayor, Aldermen and Commonalty of
the city of New York to raise Money by Tax; passed March
22, 1822-Ibid. 88.
Two hundred and fifty thousand dollars.
An Act to incorporate the New York Mechanic and Scientific
Institution; passed March 22, 1822-Ibid. 94.
An Act for the relief of the Trustees of the Central Presbyterian Church of the city of New York; and for the relief of the
First Congregational Society of West Pultney, in the town of
Riga, in the county of Monroe; passed March 22, 1822-Ibid.
101.
An Act to amend an act, entitled " An act for the Inspection
of Flour and Meal, and to establish the Standard Weight of




78                           TITLES OF ACTS.
Grain therein mentioned" (passed March 5, 1813); passed March
9, 1822-Ibid. 117.
This act repeals, in part, the act of March 5, 1813, and all acts amending the same.
The fourth section of the act relates to the city of New York.
An Act to incorporate the New  York Eye Infirmary; passed
March 29, 1822-Ibid. 127.
An Act for the relief of the College of Physicians and Surgeons in the city of New  York; passed March 29, 1822-Ibid.
131.
An Act to extend and continue in force an act to incorporate
the  Hibernian  Provident Society of the  city  of New  York;
passed April 5, 1822-45 Sess. 137.
An Act to incorporate the  General Theological Seminary of
the Protestant Episcopal Church in  the  United States; passed
April 5, 1822-45 Sess. 140.
An Act to incorporate  the  New  York  Contributionship  for
the Insurance of houses and property from Loss by Fire; passed
April 5, 1822-44 Sess. 144.
An Act for the Inspection of Flax Seed and to regulate the
exportation thereof; passed April 5, 1822 —45 Sess. 148.
By this act, provision is made for the appointment of an inspector of flax seed for the
city and county of New York, who is authorized to appoint a deputy. It repeals the
act of March 21, 1801, 1 W. p. 230, relating to the inspection of flax. Both acts are repealed by the repealing act of December 10, 1828, 3 vol. Rev. S. p. 129.
An Act concerning  the Inspection of Pot and  Pearl Ashes;
passed April 5, 1822-45 Sess. 159.
This act authorizes the appointment of three inspectors for the city of New York: and
by an amendatory act of April 18, 1825, p. 326, the number is increased to five. This act
repeals all former acts respecting the same subject, and both the act and amendatory
acts are repealed by the repealing act of December 10, 1828, 3 vol. Rev. S. p. 129.
An Act regulating the time and manner of electing  General
State Officers, Justices of the Peace, and prescribing the number of Coroners to be elected  in  each  county  by the  people;
passed April 12, 1S22-45 Sess. 180.
By the fourth section, but one coroner is to be elected in the city and county of
New York. The act is repealed by the repealing act of December 10, 1828, 3 Rev. S.
p. 129,
An Act in addition to the Act for the more effectual Prevention of Fires in the city of New  York; passed April 12, 182245 Sess.
An Act to incorporate the Chatham  Fire Insurance Company
of the city of New  York: passed April 16, 1822-45 Sess. 218.




TITLES OF ACTS.                             79
An Act respecting the election of Charter Officers in the city
of New York; passed April 16, 1822-45 Sess. 246.
Altering the time of holding the charter elections to the time of holding the general
state election, and extending the right of suffrage,
An Act relative to the Farmers' Fire Insurance and Loan
Company; passed April 17, 1822-45 Sess. 254.
An Act concerning Loan Offices; passed April 17, 1822-45
Sess. 165.
The third section relates to loans made in New York.
An Act for regulating Elections; passed April 17, 1822-45
Sess. 267.
By the sixteenth section, the state is divided into thirty congressional districts, of which
the city and county of New York compose the third district, and is entitled to elect three
members. This act repeals all prior laws upon the same subject, and is repealed by the
repealing act of December 10, 1828, 3 Rev. S. 3 vol. p. 129.
An Act to amend the act, entitled, an act for the support of
Common  Schools (passed  April  12, 1819); passed April 17,
1822-45 Sess. 287.
The fourth section relates to the city of New York.
An Act in  addition to the act, entitled, an Act for the payment of the Officers of Government therein mentioned (passed
April 3, 1821, and for other purposes); passed April 17, 182245 Sess. 298.
The eighteenth section relates to opening White street through the arsenal. The 4th,
5th, 6th, 22d, 25th, 26th, and 33d sections of the act repealed by the repealing act of December 10, 1828, 3 Rev. S. p. 129.
An Act making appropriations for the support of State Prisons; passed April 17, 1822-45 Sess. 318.
An Act authorizing  the  Trustees of the Corporation of the
German Reformed Church, in the city of New York, to mortgage certain Real Estate; passed January 20, 1823-46 Sess. 5.
An Act to incorporate the  Merchants' Exchange  Company;
passed January 27, 1823-46 Sess. 10.
An Act to incorporate the New  York  Chemical Manufacturing Company; passed February 24, 1823-46 Sess. 37.
An Act to confirm the Title of Philip P. Livingston in and to
a lot of ground in the city of New  York; passed February 28,
1823-46 Sess. 45.
An Act to regulate the Culling of Staves and Heading in the
city and county of  New  York; passed  March  8, 1823-46
Sess. 49.




80                          TITLES OF ACTS.
This act repeals all former laws relating to the city upon the same subject, and
is repealed by the repealing act of December 10, 1828, 3 vol. Rev. S. 129.
An Act empowering the Corporation of St. Stephen's Church,
in the city of New York, to mortgage certain real estate; passed
March 14, 1823-46 Sess. 58.
An Act respecting the Court of Probates, and  providing  for
the appointment of Surrogates and Justices in Cities; passed
March 21, 1823-46 Sess. 62.
This act abolishes the court of probates, and transfers the power and duties to the
surrogates, and the seventh and eighth sections direct the mode of appointment of surrogates, and of the justices of the marine court, in the city and county of New York.
The act is repealed by the repealing act of December 10, 1828, 3 vol. Rev. S. 129.
An Act to provide against Infectious and Pestilential Diseases;
passed March 21, 1823-46- Sess. 64.
This act establishes a board of health in New York, and points out the duties of the
resident physician and health commissioners. This act repeals all acts and parts of acts
that come within the purview of it, and is itself repealed by the repealing act of December 10, 1828, 3 Rev. S. p. 129, and all acts amending the same.
An Act to provide for the erection of a Fever Hospital in the
city of New  York; passed March 24, 1823-46 Sess. 92.
An Act to incorporate the Gas Light Company of the city of
New  York; passed March 26, 1823-46 Sess. 99.
An Act to incorporate the Phoenix Fire Insurance Company
in the city of New  York; passed March 29, 1823-56 Sess. 111.
An Act to amend the act, entitled " An act for the more effectual prevention of Fires in the city of New  York," passed
April 11, 1815; passed April 9, 1823-46 Sess.
An Act to provide for the Permanent Regulation of certain
Streets in the  city of New  York; passed April 10, 1823-46
Sess. 146.
Repealed April 14, 1827 —50 sess. p. 249.
An Act to enable the Mayor, Aldermen and Commonalty of
the city of New  York to raise Money by Tax; passed April 12,
1823-46 Sess. 167.
Three hundred thousand dollars.
An Act to alter the name, and extend the powers, of the New
York  Mechanic  Life Insurance  and  Coal Company;  passed
April 15, 1823 —46 Sess. 177.
An Act to incorporate the New York and Schuylkill Coal
Company; passed April 15, 1823-46 Sess. 277.




TITLES  OF ACTS.                               81
An  Act to  incorporate  the  New   York  and  Sharon  Canal
Company; passed April 19, 1823-46 Sess. 226.
An  act directing  the mode  of appointing  certain  Officers,
whose appointment is not otherwise provided for by the Constitution; passed April 19, 1823-46 Sess. 243.
The first and second sections direct the mode of appointing certain officers in the city
and county of New York. This act is repealed by the repealing act of December 10,
1828-3 Rev. S. p. 129.
An Act in relation to certain Protests and Services of Notices
in  the  city  of  New  York;  passed  April 12, 1823-46 Sess.
268.
Amended by the act of January 21, 1826, p. 12, and extended to notes. Repealed by
the repealing act of December, 1828, 3 vol. Rev. St. 129, and the substance of the act reenacted.
An Act to incorporate the New York Equitable Insurance
Coompany; passed April 23, 1823-46 Sess. 287.
An Act to incorporate the President, Managers and Company
of the Delaware and  Hudson Coal Company; passed April 23,
1823-46 Sess. 305.
An Act to organize the  MIilitia;  passed April 23, 1824-46
Sess..329.
The provisions of the act, from the ninety-fifth section to end, relate to the city of New
York. This act is amended by the act of November, 1824, p. 331, and is repealed, and
all acts and parts of acts amending the same, by the repealing act of December 10, 1828
-3 Rev. Stat. p. 129.
An Act relative to the District Attorney and other officers of
criminal justice in the city of New York; passed April 23,
1823-46 Sess. 379.
The third section directs the payment of the fees received by the district attorney and
clerk of the general sessions, and by the fourth section it is made the duty of the district
attorney to assist the clerk and crier in the collection of fees, and the third section
directs the clerk of the police to give a bond in three thousand dollars faithfully to
account and pay over moneys. Repealed by the repealing act of December 10, 18283 Rev. Stat. p. 129.
An Act for the assessment and  collection  of taxes;  passed
April 23, 1823-46 Sess. 390.
The mayor, recorder and aldermen of the city have the power of supervisors of counties under this act. This statute repeals all acts and parts of acts except those enforcing collections of taxes, and is repealed by the repealing act of December 10, 1828-3
Rev. Stat. p. 129, and all acts and parts of acts relating to the same.
An Act to amend an act, entitled, an act for regulating elections; passed April 17, 1822; passed April 4, 1823-46  Sess.
418.
Relating to vacancies in the office of sheriff and clerk.
An Act for the  payment of certain officers of government
therein named, and for other purposes; passed April 24, 1823
-Ibid. 419.
Repealed by the repealing act of December 10, 1828-3 Rev. Stat. p. 129.
6




82                         TITLES OF ACTS.
An Act to change the name of Christ Protestant Episcopal
Church in Ann Street, in the  city of New  York; passed January 28, 1824-47 Sess. 12.
An Act to amend an act, entitled, an act to regulate sales by
public auction; passed April 15, 1817; passed February 19,
1824-47 Sess. 37.
By the first section of this act, the number of auctioneers to be appointed for the city
and county of New York shall not at any one time exceed forty-two. This act repeals
the second and third sections of the act of February 19, 1817, and is itself repealed by
the repealing act of December 10, 1828-3 Rev. Stat. p. 129.
An Act to incorporate the New York Dyeing  and  Printing
establishment; passed February 27, 1824-47 Sess. 48.
An Act to incorporate  the New  York Atlantic  Insurance
Company  of New  York;   passed  February  27, 1824-47
Sess. 51.
An Act extending the time of and  continuing in force for a
limited period the act, entitled, an act to incorporate the American Insurance Company of New York; passed March 3, 1824
-47 Sess. 62.
Incorporated June 1S, 1812. Continued for fifteen years, from May 12, 1827.
An Act to incorporate the Jefferson Insurance Company in
the city of New York; passed March 4, 1824-47 Sess. 65.
An Act providing for the appointment of an Inspector of Sole
Leather, in the county of Onondaga, and an additional Inspector
in and for the city and county of New  York; passed March 6,
1824-47 Sess. 69.
Amended by the act of November 24, 1824, p. 364. By this act, one additional
inspector of sole leather to be appointed in New York, who is to be governed by the
act of March 5, 1813. This act is repealed by the repealing act of December 10, 18283 Rev. Stat. 129, and all acts and parts of acts relating to the appointment of inspectors
of sole leather, or prescribing the fees to be paid to them.
An Act to  enable the Mayor, Aldermen and Commonalty of
the  city of New York  to  raise money by tax; passed March
15, 1824-47 Sess. 79.
Three hundred thousand dollars.
An Act to  incorporate  the Sun  Fire  Insurance Company;
passed March 31, 1824 —47 Sess. 116.
Amended by the act of May 4,1829, and the style of the corporation changed to
" The New York Northern Fire Insurance Company."
An  Act to incorporate the  United  States Fire Insurance
Company; passed March 31, 1824-47 Sess. 120.
An Act to incorporate the Etna Fire Insurance Company ol
New York; passed March 31, 1824-47 Sess. 125.




TITLES OF ACTS.                    83
An Act to incorporate the Greenwich Fire Insurance Company; passed March 31, 1824.
An Act providing for the appointment of a Chaplain, or Chaplains to the Marine Hospital; passed April 1, 1824-47 Sess.
135.
An Act to amend an act, entitled, an act to incorporate the
New York Chemical Manufacturing Company; passed April 1,
1824-47 Sess. 140.
Establishing the Chemical Bank.
An Act to incorporate the Mohawk Insurance Company of
New York; passed April 3, 1824-47 Sess. 159.
An Act to alter the organization of the Common Council of
the city of New York; passed April 3, 1824-47 Sess. 162.
Not sanctioned by the people.
An Act to amend the act to change the name of Christ's Protestant Episcopal Church, in Ann street, in the city of New
York; passed April 3, 1824-47 Sess. 172.
An Act to incorporate the Protection Fire Insurance Company; passed April 7, 1824-47 Sess. 183.
An Act to amend an act, entitled, an act to incorporate the
New York Contributionship, for the Insurance of Houses and
Property from loss by fire —47 Sess. 201.
An Act to incorporate the New York Lombard Association;
passed April 8, 1824-47 Sess. 202.
An Act to incorporate the New York Coal Company; passed
April 9, 1824-47 Sess. 217.
An Act to incorporate the Niagara Insurance Company of
New York; passed April 9, 1824-47 Sess. 219.
An Act to incorporate the Williamnsburgh Ferry Company;
passed April 10, 1824-47 Sess. 245.
An act to amend an act, entitled, " an act to lay a Duty on
Strong Liquors, and for regulating Inns and Taverns," so far as
it relates to the city of New York, and for other purposes;
passed April 10, 1824-47 Sess.
An Act for the Payment of certain Officers of Government,




84                           TITLES OF ACTS.
and  other persons  therein  named, and  for other purposes;
passed April 12, 1824-47 Sess. 299.
The twenty-third section relates to the jail liberties of the city and county of New
York, and is made co-extensive with the lamp district. Repealed by the repealing act
of December 10, 1828-3 Rev. Stat. p. 129. Vide this vol., title " Jail Limits," where
provision is made by an act passed March 13, 1830, to extend the jail limits to Fourteenth street.
An  Act for the relief of the Eye  Infirmary of the city  of
New  York; passed April 12, 1824-47 Sess. 306.
Amended and continued by the act of April 18, IS26, p. 341.
An Act making provisions for the support of the State Prisons at Auburn and New York, and for other purposes; passed
April 12, 1824-47 Sess. 313.
By this act, the salaries of the agent and keeper of the state prison at New York are
reduced, and commissioners appointed to visit the state prisons.
An  Act to  amend  an  act, entitled, an  act to  Organize the
Militia (passed  April 23, 1823); passed November 18, 182447 Sess. 331.
By this act, the infantry of the city of New York are to parade three times in each
year; twice by companies, and once by regiments or battalions, and Dyckman's Manual
is directed to be purchased and distributed.
An  Act to  amend  the  charter of Chathal Fire Insurance
Company (passed April 16, 1822); passed November 19, 182447 Sess. 334.
An act relative to Common Schools in the city of New  York;
passed November 9, 1824-47 Sess. 337.
This act repeals all acts and parts of acts (by the ninth section) relating to common
schools in the city of New York, and this act is repealed by the act of December 10,
1828-3 Rev. Stat. p. 129.
An Act relating  to  the election of Charter Officers in  the
city of New  York; passed November 24, 1821-47 Sess. 351.
A certain canvass in the tenth ward of the city of New York confirmed.
An  Act  defining  the  boundaries  and jurisdiction  of the
counties of Kings, Richmond, and the city and county of New
York; passed November 24, 1824-47 Sess. 358.
Repealed by the repealing act of December 10, 182S-3 Rev. Stat. p. 129. See title
"New York City," in this volume. See the boundaries of the city and county of New
York, in this volume.
An Act to amend an act, entitled,' an act providing for the
appointment of an Inspector of Sole Leather, in the county of
Onondaga, and an additional Inspector in and  for the city and
county of New  York" (passed March 6, 1824); passed November 24, 1824-47 Sess. 361.
Repealed by the repealing act of December 10, 1828-3 Rev. Stat. p. 129, and all acts
and parts of acts relating to the same.




TITLES OF ACTS.                      85
An Act for the relief of the Etna, Greenwich, and Jefferson
Fire Insurance Companies, and the New York Lombard Association of the city of New York; passed November 25, 182447 Sess. 374.
An Act authorizing the erection of a State Prison in the first
or second Senate District of this State, and for other purposes;
passed March 7, 1825-48 Sess. 16.
By the third section, commissioners are authorized to sell the state prison in the city
of New York, &c.
An Act to incorporate the Traders' Insurance Company in
the city of New York, passed March 9, 1825-48 Sess. 17.
An Act to incorporate the Howard Insurance Company of
the city of New York; passed March 9, 1825-48 Sess. 23.
An Act to incorporate the Tradesman's Insurance Company
in the city of New York; passed March 14, 1825-48 Sess. 41.
An Act to incorporate the Canal Insurance Company in the
city of New York; passed March 14, 1825-48 Sess. 47.
Amended by the act of April 21, 1828, p. 425.
An Act to incorporate the New York City Insurance Company; passed March 22, 1825-48 Sess. 66.
An Act to incorporate the New York Water Works Company;
passed March 24, 1825-48 Sess. 72.
An Act to extend the act, entitled, an act incorporating the
New York African Society for Mutual Relief (passed March 23,
1810); passed March 31, 1825-48 Sess. 97.
By this act, the corporation is extended fifteen years from March 23, 1826. Incorporated March 23, 1810.
An Act to incorporate the High School of New York; passed
April 4, 1825-48 Sess. 107.
An Act for the Relief of Rime Stewart, widow  of James
Stewart, formerly of the city of New York; passed April 4,
1825-48 Sess. 110.
An Act to incorporate the Franklin Manufacturing Company;
passed April 6, 1825-48 Sess. 128.
An Act respecting the Collection of Taxes in the City of New
York; passed April 6, 1825-48 Sess.
Obsolete and superseded. See act of April 18, 1843.




86                         TITLES OF ACTS.
An Act to extend the duration of the act to incoorporate the
New York  Slate Company; passed March 23, 1810-48 Sess.
130.
By this act, the corporation is extended twenty-one years from March 23, 1825.
An Act to amend an act, entitled, an Act regulating  Trials
of Issues, and for returning able and sufficient Jurors; passed
April 7, 1825-48 Sess. 131.
This act relates to the power of the mayor, aldermen, and commonalty of the city of
New York, and the court of common pleas, to pass ordinances and to make such orders
from time to time as they deem proper for the procurement of a correct jury list, &c.
This act is repealed by the repealing act of Deceimber 10, 1828, 3 Rev. S. 3 vol. p. 129.
An Act to incorporate  the Steam   Sawv Mill Association;
passed April 8, 1825-48 Sess. 133.
An Act to incorporate the New York State Marine Insurance
Company; passed April 8, 1825-48 Sess. 135.
Amended, revised, and continued by the act of April 25, 1S31-Laws of 1831, p. 30S.
An Act to incorporate the Atlas Insurance Company of New
York; passed April 8, 1825-48 Sess. 140.
An Act to incorporate the La Fayette Insurance Company of
the city of New York; passed April 8, 1825-48 Sess. 144.
Amended by the act of April 5, 1826 (p. 90), and the name changed to the " Anchor
Insurance Company of the city of New York."
An Act to incorporate the Hudson Insurance Company of the
city of New York; passed April 8, 1825-4S Sess. 158.
An Act to incorporate the Madison Marine Insurance Company of the city of New York; passed April 8, 1825-Ibid. 162.
An Act to incorporate the New York Laboratory Company;
passed April 9, 1825-48 Sess. 167.
An Act to incorporate the Neptune Insurance Company of
the city of New York; passed April, 1825-48 Sess. 174.
An Act to incorporate the New York Dry Dock Company;
passed April 12, 1825-48 Sess. 17S.
Amended by the act of April 6, 1826, p. 91,) further amended by the act of April 29,
1829) (p. 427); and further amended by the act of April 22, 1831 (p. 292).
An Act to incorporate the United States Lombard Association;
passed April 12, 1825-4S Sess. 184.
An Act to incorporate the New York Loan Company; passed
April 12, 1825-48 Sess. 210.
An Act to amend an Act, entitled, an Act concerning the




TITLES OF ACTS.                              87
Inspection of Pot and Pearl Ashes (passed April 5, 1822), and
for other purposes; passed April 13, 1825-48 Sess. 226.
This act authorizes the appointment of five inspectors for the city of New York, and
repeals so much of the act of April 5, 1822, as is inconsistent with this act.
Repealed by the repealing act of December 10, 1828-3 Rev. Stat. 129.
An Act to amend an Act, entitled, an Act for the Inspection
of Flax Seed, and to  regulate  the exportation  thereof (passed
April 5, 1822); passed April 13, 1825-48 Sess. 232.
Repealed by the repealing act of December 10, 1328-3 Rev. Stat. 129.
An Act to revive and continue the Act, entitled, an Act to
incorporate  the  German  Society  in  the  city  of New  York
(passed April 6, 1804); passed April 14, 1825-48 Sess. 242.
Annual income not to exceed 3,000 dollars; continued without limit.
An Act to alter the name of the Baptist Church  in Fayette
street in  the  city  of New  York; passed April 14, 1825-48
Sess. 243.
An Act to incorporate the New York La Fayette Insurance
Company; passed April 14, 1825-48 Sess. 244.
An Act to  incorporate  " The Association  of the New  York
White Lead Works;" passed April 15, 1825-48 Sess. 253.
An Act relative to the Jail and Public Prisons in the city of
New  York; passed April 15, 1825 —48 Sess. 270.
This act authorizes the common council to remove the prisoners from the jail, bridewell, and penitentiary, in case of pestilence and fire.
Repealed by the repealing act of December 10, 1828-3 Rev. Stat. 129.
An Act to enable the Masonic Lodges to take and hold  Real
Estate for certain  purposes; passed  April 16, 1825 —4   Sess.
278.
By this act, provision is made for erecting a general hall in the city of New York for
the accommodation of the several lodges and chapters in the said city.
An Act to amend the act, entitled, " an act to amend an act,
entitled, an act to lay a Duty on Strong Liquors, and for regulating Inns and Taverns, so far as it relates to the city of New
York, and for other Purposes" (passed 10th April, 1824); passed
April 16, 1825-48 Sess.
An Act to Equalize and Increase the number of Wards in the
city of New York; passed April 16, 1825-48 Sess. 286.
By this act, the number of wards are increased to twelve, and the boundaries of each
given.
An Act in addition  to  the several Acts regulating Sales by
Auction; passed April 16, 1825 —48 Sess. 286.
This act authorizes the appointment of twelve additional auctioneers for the city of




88                           TITLES OF ACTS.
New York, and is repealed by the repealing act of December 10, 1828-3 Rev. Stat.
129.
An Act to  enable the  Mayor, Aldermen  and Commonalty of
the city of New  York  to raise Money by tax; passed April 18,
1825-48 session, laws 1825, p. 295.
Three hundred thousand dollars.
An act to incorporate the New  York Mount Hope Loan Company; passed April 18, 1825-48 Sess. 296.
An Act to incorporate the American Fire Insurance Company
in the city of New  York; passed April, 182X5-48 Sess. 316.
An Act to incorporate the Firemen's Isurance Company in
the city of New  York; passed April 18, 1825-40 Sess. 322.
An Act to revive an act, entitled, an act to incorporate the Society in the  city of New York for the  relief of Poor Widows
with Small Children  (passed April 25, 1810); passed April 20,
1825-48 Sess. 401.
This act revives the act of 1810, and the forfeiture that had occurred in consequence
of the expiration of the act, by the third section, is remitted. Continued to the first of
May, 1845.
An Act to amend an act, entitled, an act for the  Inspection of
Lumber (passed  March  27, 1807); passed April 21, 1825-48
Sess. 407.
Repealed by the repealing act of December, 10, 1828-3 Rev. Stat. 129.
An Act to amend the act to Organize the Militia (passed April
23, 1823); passed April 21, 1825-48 Sess. 412.
By the 3d, 5th and 6th sections, special provision is made in relation to the horse
artillery and infantry in the city and county of New York. and by the 7th section parts
of the acts of April 23, 1823, and November 18, 1824, are repealed. It is repealed by the
repealing act of December 10, 1828-3 Rev. Stat. 129.
An Act to  incorporate the  New  York  Crown  and Cylinder
Glass Manufacturing  Company; passed  April 21,  1825-48
Sess. 421.
An Act further to amend the act, entitled, an act for the Repacking and Inspection of Beef and Pork; passed April 21, 1825
— 48 Sess. 437.
This act repeals so much of the act of March 12, 1813, and all other acts amending
the same, as comes within the purview of this act, and is itself expressly repealed by
the act of December 10, 1828-3 Rev. Stat. 129.
An Act in addition to an act, entitled, an act in relation to
certain Protests and Services of Notices in the city of New
York  (passed April 22, 1823); passed  January  21, 1826-49
session, laws of J126, p. 12.
Bepealed by the repealing act of December 10,1828-3 Rev. Stat. 129.




TITLES OF ACTS.                            89
An Act to authorize the High School Society of New  York to
increase their capital stock; passed February 3, 1826 —49 session, laws of 1826, p. 24.
The act of incorporation was passed April 4, 1825, p. 107.
An Act for renewing and continuing in force an act, entitled,
an act to  incorporate the New  York Historical Society (passed
February 10, 1809); passed February 10, 18296-49 Sess. 29.
Continued to February 10, 1839.
An Act to repeal certain parts of the act, entitled, an act, further to amend the act, entitled, an act for the Repacking and
Inspection  of Beef and Pork; passed February 24, 1826-49
Sess. 40.
Repealed by the repealing act of December 10, 1828-3 Rev. Stat. 129.
An  Act to incorporate " The New  York Crown Glass lManufacturing Company;" passed March 8, 1826-19 Sess. 49.
An Act relating to the State Prison now  building  at Mount
Pleasant, in the county of Westchester; passed March 11, 1826
-49 Sess. 54.
Provision is made in this act to remove sick and infirm convicts, who are unable to
work, to the state prison in New York. The act is repealed by the repealing act of
December 10, 1828 (3 Rev. Stat. 129), but which had before become obsolete by the removal of the state prison in the city of New York.
An Act to incorporate the New  York Carpenters' Architectural and  Benevolent Association; passed  March 14, 1826-49
Sess. 56.
An Act to enable the Mayor, Aldermen  and  Commonalty of
the city of New  York to raise Money by Tax; passed March 28,
1826-49 Sess. 75.
Three hundred and fifty thousand dollars.
An Act to amend an act to incorporate the La Fayette Insurance Company of the city of New  York (passed April 8, 1825);
passed April 5, 1826-49 Sess. 90.
The company was incorporated by the act of April 3, 1825, p. 144.
An Act for the relief of the New York Dry Dock Company;
passed April 6, 1826-49 Sess. 91.
Original act passed April 12, 1825. Amended by the act of April 29, 1829; and further amended by the act of April 22, 1831, p. 292.
An Act to amend the act relating to Common Schools in the
city and county of New  York (passed  November 19, 1824);
passed April 8, 1826-49 Sess. 93.
By the act passed November 19, 1824 (p. 327), the act of the 12th of March, 1812, and
all other acts relating to the same subject matter are repealed; and this act is repealed
by the repealing act of December 10, 1828-3 Rev. Stat. 129.




90                        TITLES OF ACTS.
An Act to incorporate the North American Insurance Company; passed April 13, 1826-49 session, laws of 1826, p. 168.
Amended laws of 1827, p. 27.
An Act for the relief of the Hope Insurance Company; passed
April 14, 1826 —49 Sess. 225.
An Act requiring the Clerk of the city and county of New
York to give bond for the faithful appropriation of moneys coming into his hands; passed April 17, 1826-49 Sess. 265.
Repealed by the repealing act of December 10, 1823 (3 Rev. Stat. 129), and the substance of the act incorporated in the Rev. Stat.
An Act to amend an Act to incorporate the Madison Marine
Insurance Company in the  city of New York (passed April 8,
1825); passed April 17, 1826-49 Sess. 269.
An Act to incorporate the St. Andrew's Society of the State
of New York; passed April 17, 1826-49 Sess. 269.
An Act to provide for cases where there may be an Equality
of Votes for Members of Assembly, and where a Vacancy may
occur by the Death of a Member; passed April 17, 1826-49
Sess. 279.
The 4th section applies to the city of New York, and provides for cases of equality of
votes and vacancies by death.
Repealed by the repealing act of December 10, 1828-3 Rev. Stat. 129.
An Act providing for the appointment of Inspectors of Sole
Leather in the counties therein mentioned; passed April 17,
1826-49 Sess. 283.
This act is not in the repealing act of December 10, 1828 (3 Rev. Stat. 129), nor is it
to be found ih the list of acts in force. The substance of the act is incorporated in the
revision, and the act referred to. The 3d and 4th sections of the act relate to the city
and county of New York.
An Act making appropriations for the State Prisons at New
York and Auburn, and for other purposes; passed April 17, 1826
-49 Sess. 284.
An Act for the relief of Jane Reid, and for other purposes;
passed April 17, 1826-49 Sess. 307.
By the second section of the act, the superintendent of the alms-house in the city of
New York is made trustee for Jane Reid.
An Act to incorporate the New York Athenaeum; passed April
17, 1826-49 Sess. 312.
An Act for the apportionment for Members of the House of
Assembly of this State, and for the arrangement of the Senate
Districts; passed April 18, 1826-49 Sess. 335.




TITLES OF ACTS.                       91
By the first section of the act, the city and county of New York is entitled to eleven
members.
Repealed by the repealing act of December 10, 1828-3 Rev. Stat. 129.
An Act to incorporate the New  York and Harlaem Spring
Water Company; passed April 18, 1826-49 Sess. 337.
An Act to continue in force the act for the relief of the Eye
Infirmary of the city of New York; passed April 18, 1826-49
Sess. 341.
Amended by the act of April 12, 1824, p. 306.
An Act to incorporate the Harlem  Canal Company; passed
April 18, 1826-49 Sess. 269.
Amended by the act of April 13, 1827, p. 234.
An Act for the relief of the New York Equitable Insurance
Company; passed January 23, 1827-50 Sess. 11.
An Act to incorporate the Neptune Company of New York;
passed January 23, 1827-50 Sess. 12.
An Act to incorporate the Society of the Friendly Sons of
St. Patrick in the city of New  York; passed February 13,
1S27-50 Sess. 27.
An Act to authorize the Executors of Peter Schermerhorn,
deceased, to become purchasers of his real estate; passed February 20, 1827-50 Sess. 29.
An Act further to amend the act, entitled, an act for regulating Trials of Issues and for returning able and sufficient jurors;
passed February 20, 1827-50 Sess. 29.
The second section relates to New York. Repealed by the repealing act of Dec. 10,
1828, 3 Rev. S. p. 129.
An Act to incorporate the American Gas Light Company;
passed March 17, 1827-50 Sess. 62.
An Act to incorporate the New York Female Asylum Society
for Lying-in Women; passed March 19, 1827-50 Sess. 71.
An Act in addition to the act, entitled " an act in addition to
the act for the more effectual Prevention of Fires in the city of
New York" (passed April 12th, 1822); passed March 21, 182750 Sess.
An Act extending the time allowed the North American Insurance Company to fill up their Capital Stock; passed March
26, 1827 —50 Sess. 79.




92                        TITLES OF ACTS.
An  Act relative to  the Savings Bank  in the city  of New
York; passed March 29, 1827-50 Sess. 87.
Corporation authorized to vest money in certain cases by this act.
An Act to amend an act, entitled, an act to incorporate the
Pacific Insurance Company of New  York; passed March  30,
1827-50 Sess. 97.
The amount of shares in the company reduced by this act from fifty dollars to twentyfive dollars.
An Act to incorporate the Mlanhattanville Free School, in the
twelfth ward, in the city of New  York; passed March 30, 1827
50 Sesso 103.
An Act to amend the act, entitled an act to reduce the several
laws relating particularly to the city of New York into one act
(passed April 9, 1813); passed March 30, 1827-50 Sess. 104.
This actincreases the number of harbor masters in the city and county of New York
from two to three, which was the number designated by the act of April 9, 1813, Rev*
L. vol. 2. p. 447. This act is repealed by the general repealing act of December 10,
18230, 3 Rev. S. p. 129.
An Act to incorporate the Trustees of the Yorkville School,
in the twelfth ward of the city of New York; passed April 2,
1827-50 Sess. 114.
An Act to incorporate the Trustees of the Harlem School, in
the twelfth ward of the city of New York; passed April 2, 1827
-50 Sess. 119.
An Act to authorize Daniel Cromlmelin Verplank to sell and
convey a certain House and Lot in the city of New York;
passed April 2, 1.827-50 Sess. 126.
An Act authorizing the Mayor, Aldermen and Commonalty
of the city of New York to take possession of certain Lands;
passedApril 11, 1827-50 Sess. 210.
For a market in Canal street.
An Act requiring Sheriffs to renew their Security to the People of this state; passed April 12, 1827-50 Sess. 218.
Repealed by the repealing act of December 10, 1828, 3 Rev. S. p. 129.
An Act to enable the Mayor, Aldermen, and Commonalty of
the city of New  York to raise Money by Tax; passed April 13,
1827-50 Sess. 230.
Four hundred thousand dollars.
An Act to amend an act, entitled, an act to incorporate the




TITLES OF ACTS.                            93
HIarlem  Canal Company (passed April 18, 1826); passed April
13, 1827-50 Sess. 234.
By the act incorporating the company, the canal is to be constructed within two
years. By this act the time for completing the canal is extended so far as the directors
shall deem necessary.
An Act concerning the Clerks of the Supreme Court; passed
April 13, 1827-50 Sess. 245.
This act gives the judges of the supreme court residing in New York the same fees as
the recorder for certain services. Repgaled by the repealing act of December 10, 1828,
3 Rev. S. p. 129.
An Act for the relief of the Seventh Presbyterian Church and
Congregation of the city of New  York; passed April 14, 1827
-50 Sess. 252.
An Act extending the Jurisdiction of the Court of Common
Pleas in and for the city and county of New York, and amending
and declaratory of the law in  certain cases; passed April 14,
1S27-50 Sess. 257.
Repealed by the repealing act of December 10, 1828, 3 Rev. S. p. 129.
An Act to define and amend the second section of the act, entitled, " an act to amend an act to lay a Duty on Strong Liquors,
and for regulating Inns and Taverns, so far as it relates to the
city of New York, and for other purposes (passed April 10, 18S4);
passed April 14, 1S27-50 Sess.
An Act to authorize the appointment of an Assistant Justice
and Clerk of the ninth and  eleventh wards of the city of New
York; passed April 14, 1827 —50 Sess. 2S2.
Repealed by the repealing act of December 10, 1828, 3 Rev. S. p. 129. But see 1 Rev.
S. appendix, p. 116, L. of 1830, sec. 10.
An Act to incorporate the New York South American Steamboat Association; passed April 14, 1S27-50 Sess. 308.
An Act directing the mode of selecting Grand Jurors; passed
April 16, 1827-50 Sess. 312.
The last section of the act directs the mayor, recorder, and aldermen to prepare the
jury lists the second Monday in July in each year. Repealed by the repealing act of
December 10, 1828, 2 Rev. S. p. 129.
An Act for the relief of the Rector, Churchwardens and Vestrymen of the Protestant Episcopal Church of St. Stephen's, in
the city of New York; passed April 16, 1827 —50 Sess. 314.
An Act further to  amend an act, entitled an act to incorporate the Trustees of the First First Protestant Episcopal Charity School in the city of New York; passed April 18, 1827-50
Sess. 315.




94                        TITLES OF ACTS.
An Act in addition to the several acts concerning the Inspection of Pot and Pearl Ashes, of Flour, Beef, and Pork; passed
April 16, 1827-50 Sess. 323.
The second section relates to the certificate of inspectors of flour in the city of New
York. Repealed by the repealing act of December 10, 1828, 3 Rev. S. p. 129.
An Act to prevent the sale of Tickets of Unauthorized Lotteries, and to prevent the Forgery of Lottery Tickets; passed
April 16, 1827-50 Sess. 327.
This act applies to the city of New York, and repeals all acts and parts of acts repugnant to its provisions. Repealed by the repealing act of December 10,1828, 3 Rev. S. p.
129.
An Act to incorporate the New York and Brooklyn Railway
Dock Company; passed April 16, 1827-50 Sess. 335.
An Act to incorporate the Harlmm  River Canal Company;
passed April 16, 1828-50 Sess. 356.
This act is amended by the act of April 20,1829, p. 29.
An Act relative to the Mechanic Fire Insurance Company in
the city of New York; passed January 12, 1828-51 Sess. 6.
An Act to  incorporate the New  York Beneficial Society;
passed March 10, 1828-51 Sess. 49.
An Act to amend the Charter of the Society of the New York
Hospital; passed March 20, 1828-51 Sess. 93.
An Act relative to the Fulton Bank of the city of New York;
passed March 21, 1828-51 Sess. 97.
This act empowers the company to reduce their stock.
An Act to incorporate the Fur Company of the city of New
York; passed March 28, 1828-51 Sess. 117.
An Act to incorporate the National Academy of Design;
passed April 5, 1828-51 Sess. 201.
An Act for the relief of the Atlantic Insurance Company of
New York; passed April 15, 1828-51 Sess. 273.
An Act releasing to the Corporation of the city of New York
a certain Lot of Ground, in the Sixth Ward of said city; passed
April 16, 182 —51 Sess.
An Act to alter the Organization of the Common Council of
the city of New York; passed April 18, 1828-51 Sess. 317.
The provisions of this law did not take effect. It was submitted to the electors, and
rejected by them.




TITLES OF ACTS.                           95
An Act, to incorporate the New  York St. Patrick's Friendly
Society; passed April 18, 182 —51 Sess. 323.
Income not to exceed $5,000 per annum.
An Act to reduce the Capital Stock of the Jefferson Insurance
Company of the city of New York; passed April 19, 1828 —51
Sess. 342.
An Act to provide for the inspection of Leaf Tobacco in the
city of New York; passed April 19, 182S-51 Sess. 34S.
Repealed by the repealing act of December 10, 1828 —3 Rev. S. p. 129.
An Act further to amend the Act, entitled, an Act to Incorporate the Trustees of the Marine Hospital, called " The Sailor's
Snug Harbor,"  in the city of New  York  (passed April 25,
1814); passed April 19, 182S —51 Sess. 351.
The original act incorporating the Sailor's Snug Harbor was passed March 25, 1314,
p. 78.
An Act to incorporate the New York and Boston Steamboat
Company; passed April 21, 1S28-51 Sess. 382.
An Act for the relief of the Orphan Asylum  Society, in the
city of New York; passed April 21, 182S-51 Sess. 391.
Original act of incorporation; passed April 7, 1807, and further amended by the act
of April 1, 1S23, p., and by the act of April 12, 1832, p. 473.
An Act for the relief of Ernest Elixis Dubois Vicolnte de
Courval, and Eugenic Victoire Francoise Soloma Xaviere Isabella, his wife; passed April 21, 1823S-51 Sess. 405.
This act relates to land in the fourteenth ward of the city of New York.
An Act concerning the Public Administrator in the city of
New York; passed April 21, 1828-51 session, laws of 1828,
p. 415.
Repealed by the repealing act of December 10, 1828, p. 129.
An Act to revive and amend the Act, entitled, an Act to incorporate the Canal Insurance  Company in the city of New
York; passed April 21, 1828-51 Sess. 425.
The original act was passed March 14, 1825, p. 47.
An Act to incorporate the Iibernian Universal Benevolent
Society; passed April 21, 182 —51 Sess. 444.
An Act to incorporate the Screw Dock Company; passed
April 21, 1828-51 Sess. 481.
An Act to incorporate the Contributors to the Northern Dis



96                      TITLES OF ACTS.
pensary of the city of New York; passed November 28, 1S28
-2d meeting of 51 session, p. 14.
An Act to increase the number of Trustees of the Methodist
Episcopal Church in the city of New York; passed January
20, 1S29-52 session, laws of 1829, p. 76.
An Act to incorporate the Harlaem  Literary and Scientific
Academy; passed January 24, 1829-52 Sess. 85.
An Act to incorporate the Seamen's Bank of Savings in the
city of New York; passed January 21, S829-52 Sess. 85.
An Act to incorporate the Bakers' Benefit Society of the
city of New York; passed February 29, 1829-52 Sess. 94.
An Act to change the names of William  Jauncy Thorn and
James Jauncy Thorn, of the city of New York; passed February
27, 1829-52 session, laws of 1829, p. 104.
An Act relative to the National Insurance Company in the
city of New York; passed April 16, 1829-52 Sess. 242.
An Act to enable the Mayor, Aldermen, and Commonalty of
the city of New  York to raise Money by a Tax; passed April
17, 1829-52 Sess. 255.
Four hundred and fifty thousand dollars.
An Act to revive an Act, entitled, an Act to incorporate the
Orphan Asylum Society in the city of New York (passed April
7, 1807); passed April 17, 1829-52 Sess. 258.
The Orphan Asylum Society was incorporated April 7, 1807 (p. 23G), amended by the
act of March 30, 1811 (p. 175), and by the act of April 21, 1828 (p. 391), and also by the
act of April 30, 1832 (p. 473).
An Act to amend an Act, entitled, an Act to incorporate the
Harlem  River Canal Company; passed April 20, 1859-52
Sess. 291.
The original act of incorporation of the Harlem Canal Company was passed April 16,
1827, p. 356.
An Act to incorporate the New York African Clarkson Association; passed April 23, 1829-52 Sess. 380.
An Act for the relief of the Heirs of William Jones, deceased;
passed April 25, 1829-52 Sess. 394.
An Act in relation to Masters and Examiners in Chancery in
the cities of New  York and Albany; passed April 25, 182952 Sess. 401.




TITLES OF ACTS.                        97
An Act to amend an Act, entitled an Act to incorporate the
New  York  Dry  Dock Company  (passed  April 12, 1825);
passed April 29, 1829-52 Sess. 427.
The original act was amended by the act of the 6th April, 1826 (p. 91), and further
amended by the act of April 22, 1831, p. 292.
An Act concerning Marine Insurance in the State of New
York; passed May 1, 1829-52 Sess. 515.
An Act to incorporate the American Institute in the city of
New York; passed May 2, 1829-52 Sess. 527.
An Act further to extend the act passed April 11, 1815, entitled "an act for the more effectual Prevention of Fires, in
the city of New York;" passed May 1, 1829-52 Sess.
An Act for the Relief of the New York Protestant Episcopal
Public School; passed May 2, 1829-52 Sess. 531.
An Act to amend the Charter of the Sun Fire Insurance
Company; passed May 4, 1829-52 Sess. 560.
The original act, incorporating the company, was passed March 31, 1824-p. 116. By
this act, the style of the company is changed to " The New York Northern Fire Insurance Company."
An Act regulating the Gauge of Beer Casks in the city of
New  York and Village of Brooklyn; passed May 4, 182952 Sess.
An Act for the Payment of certain Officers and Expenses of
Government; passed MIay 5, 1829-52 session, laws of 1829,
p. 568.
By the 25th section, provision is made for the payment of one hundred dollars annually
to the Marine Hospital, in addition to the sums now allowed by law.
An Act requiring the Register of the city and county of New
York to appoint a Deputy, and concerning the Vacancies in
said Office, and in the Offices of Sheriffs and Clerks of Counties;
passed February 26, 1830-53 Sess.
An Act to incorporate the New York Law Institute; passed
February 22, 1830-53 session, laws of 1830, p. 35.
An Act to incorporate the New York Union African Society;
passed February 23, 1830-53 Sess. 38.
An Act to incorporate the Clinton Hall Association in the
city of New York; passed February 23, 1830-53 Sess. 39.
An Act to incorporate the Manhattan Gas Light Company;
passed February 26, 1830-53 Sess. 65.
7




98                     TITLES OF ACTS.
An Act to incorporate the New  York Life Insurance and
Trust Company; passed March 9, 1830-53 Sess. 76.
An Act relative to the sale of certain Lands and Tenements,
advertised to be sold for assessments, in the city of New York,
on the 22d day of March, 1830; passed March 16, 1830-53
Sess. 82;
An Act for the relief of the Bank of Savings in the city of
New York; passed March 29, 1830-53 Sess. 94.
An Act to enable the Mayor, Aldermen and Commonalty of
the city of New York to raise Money by a Tax; passed April
13, S130-53 Sess. 162.
An Act to amend the acts heretofore passed, for the Prevention of Fires in the city of New York; passed April 20, 1830
-53 Sess.
An Act to incorporate the Trustees of St. Mary's Church in
the city of New York; passed April 20, 1830-53 Sess. 326.
An Act to amend the act passed April 6th, 1825, entitled
"an act respecting the Collection of Taxes in the city of New
York;" passed April 20, 1830-53 Sess.
Repealed by chapter 12, laws of 1850.
An Act to continue in force an Act to incorporate an Association for the Relief of respectable aged indigent Females in the
city of New York; passed March 10th, 1815-passed April 20,
1830-53 Sess.
Continued in force until March 10, 1850.
An Act for the relief of Israel Dean and John De Peyster;
passed April 20, 1830-53 Sess. 357.
An Act to extend the Charter of the New York Sugar Refining Company; passed January 24, 1831-54 session, laws
of 1831, p. 6.
By this act, the charter of the company is extended until March 22, 1851.
An Act for the Relief of l'Anglois of the city of New York;
passed January 26, 183 — 54 Sess. 11.
An Act to incorporate the Leake and Watts Orphan House
in the city of New York; passed March 7, 1831-54 Sess. 59.
An Act to extend the time for the completion of the Harlem
Canal; passed March 9, 1831-54 session, laws of 1831, p. 64.
By this act, the time is extended four years from April 13, 1831.




TITLES OF ACTS.                      99
An Act to extend the Fire Limits in the city of New York;
passed April 21, 1831-54 Sess.
An Act to authorize the Comptroller to Settle and Discharge
the accounts of the Committee appointed to investigate the affairs of the New  York Hospital; passed May 24, 1831  54
Sess. 110.
An Act to change the name of Harley Longbotham of the
city of New York; passed March 30, 1831-54 Sess. 129.
An Act relative to the Port Wardens and Pilots of the Port
of New York; passed March 30, 1831-54 Sess.
Repealed.
An Act to incorporate the Society for the Education of Poor
Children and Relief of Indigent Persons of the Jewish persuasion, in the city of New York; passed April 11, 1831-54
Sess. 154.
An Act to incorporate the New York Whaling Company;
passed April 3, 1831-54 Sess. 164.
An Act to revive and continue in force the Charter of the
Butchers' Benevolent Society in the city of New York; passed
April 18, 1S31-54 Sess. 190.
The original act of incorporation was passed the 3d March, 1815 (p. 61), and limited
the corporation to fifteen years; this act revives and continues it for fifteen years.
An Act relative to the Boring of the Earth for Water in the
city of New York; passed April 18, 1831-54 Sess. 197.
An Act to amend an act, entitled, an act to incorporate the
Neptune Company of New  York (passed January 23, 1827);
passed April 22, 1831-54 Sess. 290.
Revived and extended by the act of April 25, 1832-Laws of 1832, p. 474.
An Act to amend the Charter of the New York Dry Dock
Company; passed April 22, 1831-54 Sess. 292.
By this act, the directors of the company may reduce the stock.
An Act to incorporate the Jackson Marine Insurance Company in the city of New York; passed April 23, 1831-54 Sess.
294.
An Act to incorporate the Congress Steam Sugar Refinery;
passed April 23, 1831-54 Sess. 303.
An Act concerning the Bank of Savings in the city of New
York; passed April 23, 1831-54 Sess. 308.




100                   TITLES OF ACTS.
An Act to incorporate the New York and Harlmm Rail Road
Company; passed April 25, 1831-54 Sess. 323.
An Act to incorporate the College of Pharmacy of the City of
New York; passed April 25, 1831-54 session, laws of 1831, p.
329.
An act to revive the act, entitled an act to incorporate the
New York State Marine Insurance Company (passed April 8,
1825); passed April 25, 1831-54 Sess. 338.
By this act, the corporation is continued for the period of twenty-one years from the
date of the act, and the stock of the company reduced to 30,000 dollars, in shares of
fifty dollars.
An Act to incorporate the New  York Hydrotic Company;
passed April 26, 131-54 Sess. 413.
An Act to incorporate the Clinton Fire Insurance Company
of the city of New York; passed April 26, 1831-54 Sess. 428.
An Act to incorporate the Mutual Benefit Society of Mechanics in the city of New York; passed January 24, 1832-55 session, laws of 1832, p. 9.
An Act to incorporate the North American Mining Company;
passed March 1, 1832-55 Sess. 54.
An Act to amend the Charter of the Phoenix Fire Insurance
Company of the city of New York; passed April 15, 1832-55
Sess. 69.
An Act to enable the Mayor, Aldermen and Commonalty of
the city of New York to raise Money by Tax; passed March
16, 1832-55 Sess. 75.
Five hundred and fifty thousand dollars.
An Act to incorporate the American Manufacturers' Mutual
Assurance Association; passed March 30, 1832-55 Sess. 129.
An Act vesting the Title of a certain Lot in the city of New
York, escheated to the People of this State, in Elizabeth Idley,
her heirs and assigns, forever; passed April 4, 1832-55 Sess.
148.
An Act to confirm the Title of certain Real Estate, in the city
of New York, in the Trustee of Edward Thorn, and to authorize the sale thereof; passed April 4, 1832-55 Sess. 149.
An Act to amend an act, entitled, an act to incorporate the




TITLES OF ACTS.                     101
New York and Htarlem  Railroad Company  (passed April 25,
1831); passed April, 1832-55 Sess. 156.
An Act to incorporate the Niagara River Hydraulic Company;
passed April 11, 1832-55 Sess. 175.
An Act concerning the Pilots of the Channel of the East River,
commonly called Hell-Gate; passed April 16, 1832-55 Sess.
Abrogated by act of 1847.
An Act to amend the act, entitled, an act to incorporate the
Clinton Fire Insurance Company of the city of New  York
(passed April 26, 1831); passed April, 1832 —55 session, laws of
1832, p. 238.
An Act to incorporate the New  York and Albany Rail Road
Company; passed April 17, S132-55 Sess. 258.
An Act to incorporate the New York Fire Insurance Company of the city of New York; passed April 18, 1832 —55 Sess.
292.
An Act to incorporate the American Fire Insurance Company of the city of New York; passed April 10, 1832-55 Sess.
323.
An Act to amend the act passed April 22d, 1831, entitled
" an act to provide for Sick and Disabled Seamen;" passed April
17, 1832 —55 Sess.
An Act to revive and continue in force the Charter of the
New York Typographical Society; passed April 30, 1832-55
Sess. 337.
The original act creating this corporation was passed February 27, 1817-Laws of
1817.
An Act to incorporate the Palladium Fire Insurance Company of the city of New York; passed April 20, 1832 —55 Sess.
339,
An Act to renew  the Charter of the North American Coal
Company; passed April 21, 1832 —55 Sess. 377.
Original act passed April 6, 1314-Laws of 1814, 115.
An Act to incorporate the Commercial Insurance Company
of the city of New York; passed April 21, 1832-54 Sess. 378.
An Act to incorporate the New York and Erie Railroad Company; passed April 24, 1832-55 Sess. 402.




102                     TITLES OF ACTS.
An Act to amend the Charter of the Jackson Marine Insurance Company of the City of New York; passed April 24, 1832
-55 Sess. 414.
An Act to incorporate the Eastern Dispensary of the City of
New York; passed April 25, 1832-55 Sess. 449.
An Act to incorporate the Good Hope Insurance Company
of the City of New York; passed April 25, 1S32-55 Sess. 463.
Incorporated for the period of twenty-one years, and the individuals composing the
corporation at the time of its dissolution liable to the amount of their shares.
An Act to extend the Charter of the New  York  Coal Company, and to change the name thereof; passed April 25, 1832 —
55 Sess. 472.
An Act to amend the act, entitled, an act for the relief of the
Orphan Asylum Society in the city of New York; passed April
25, 1832-55 Sess. 473.
This act transfers the rents and profits of the real and personal estate of the late
Philip Jacobs to the Orphan Asylum Society.
An Act to extend the time for filling up the Stock of the Neptune Bell Marine Insurance Company of New  York; passed
April 25, 1832-55 Sess., laws of 1832, p. 474.
An Act to amend the act, entitled, an act to incorporate the
Trustees of St. Mary's Church in the city of New York  passed
April 25, 1832 —55 Sess. 495.
An Act for the relief of Daniel Clark; passed April 26, 1832
-55 Sess. 5Q7.
An Act to incorporate the New York State Agricultural Society; passed April 26, 1832-55 Sess. 519.
An Act for the relief of the Seamen's Bank of Savings in the
city of New York; passed April 26, 1832-55 Sess. 528.
An Act to incorporate the North Western Insurance Company; passed April 26, 1832 —55 Sess. 547.
An Act to incorporate the New York City Marble Cemetery;
passed April 26, 1832-55 Sess. 551.
An Act to amend the Charter of the College of Pharmacy in
the city of New York; passed April 26, 1832 —5 Sess. 566.
This act regulates the qualifications of apothecaries, and imposes a penalty of fifty
dollars for neglecting them.




TITLES OF ACTS.                     103
An Act to incorporate the Mechanics' Benefit Society of New
York; passed January 22, 1833-56 Sess. p. 7.
An Act for the relief of the High School Society in New
York; passed January 22, 1833-56 Sess. p. 8.
Authorizes the trustees to sell real estate, and may apply for a dissolution of the corporation.
An Act to renew and amend an act entitled " An Act relative
to the General Society of Mechanics and Tradesmen of the city
of New  York" (passed April 3, 1811); passed February 18,
1833-56 Sess. p. 29.
An Act providing for the appointment of two Additional Inspectors of Sole Leather for the city of New  York; passed
February 26, 1833-56 Sess. p. 36.  [Obsolete.]
An Act relative to Marshals in the city of New York; passed
March 4, 1833-56 Sess. p. 41.
Authorizes the mayor to appoint fifty marshals. [Obsolete.]
An Act to amend the Charter of the American Academy of
Fine Arts; passed March 23, 1833-56 Sess. 101.
An Act relating to the State Arsenal in the city of New York;
passed April 2, 1833-56 Sess. 119.
Authorizes kitchen to be filled in with earth, and $300 to be expended.
An Act to incorporate the New York Protestant Episcopal
City Mission Society; passed April 9, 1833-56 Sess. 137.
An Act to amend the act, entitled, " an act regulating the
inspection of Green Hides and Skins in the city of New York"
(passed April 20, 1830); passed April 9, 1833-56 Sess. 142.
[Obsolete.]
An Act to incorporate the New York Journeymen Shipwright
and Caulkers' Benevolent Society; passed April 9, 1833-56
Sess. 145.
An Act to amend an act, entitled, " an act to incorporate the
Clinton Fire Insurance Company of the City of New  York;"
passed April 12, 1833-56 Sess. 168.
An Act to incorporate the New England Society in the city
of New York; passed April 15, 1833-56 Sess. 177.
An Act to amend an act, entitled, "an act to incorporate the
New  York and Erie Railroad  Company"  (passed April 24,
1832); passed April 19, 1833-56 Sess. 229.




104                   TITLES OF ACTS.
An Act for the Relief of the Seamen's Fund and Retreat in
the city of New York; passed April 22, 1833-56 Sess. 252.
An Act to incorporate the Seamen's Friend Society; passed
April 22, 1833-56 Sess. 259.
An Act to incorporate the Mechanics' Institute of the city of
New York; passed April 24, 1833-56 Sess. 272.
An Act to incorporate the Guardian Insurance Company;
passed April 24, 1833-56 Sess. 287.  [Obsolete.]
An Act to incorporate the Union Fire Insurance Company;
passed April 24, 1833-56 Sess. 291.
An Act to incorporate the New York Bowery Fire Insurance
Company; passed April 21, 1833-56 Sess. 296.
An Act to incorporate the East River Fire Insurance Company of the city of New York; passed April 24, 1833-56 Sess.
301.
An Act in commemoration of the Services, and in honor of
the Memory of George Washington; passed April 26, 1833-56
Sess. 333.
An Act to incorporate the City Fire Insurance Company in
the city of New York; passed April 26, 1833-56 Sess. 344.
An Act to enable the Mayor, Aldermen and Commonalty to
raise money by Tax; passed April 26, 1833-56 Sess. 348.
$850,000. Annual tax bill.
An Act to Incorporate the Washington Marine Insurance
Company of the City of New York; passed April 27, 1833Sess. 56, 362.
An Act to amend an act, entitled, " an act to Incorporate the
Traders' Insurance Company, in the city of New York (passed
March 9, 1825); passed April 27, 1833-56 Sess. 372.
An Act to submit to the people of this State a certain
Amendment to the Constitution, relating to the Election of the
Mayor of the city of New York; passed April 29, 1833-56
Sess. 377. [Obsolete.]
An Act to amend an act, entitled, " an act to Incorporate the
New York and Albany Railroad Company (passed April 17,
1832); passed April 29, 1833-56 Sess. 399.




TITLES OF ACTS.                    105
An Act to increase the capital of the Jefferson Insurance
Company in the City of New York; passed April 29, 1833-56
Sess. 401.
An Act for the relief of the religious society called" The
Rector, Churchwardens and Vestrymen of the French Church
du Saint Esprit in the city of New York; passed April 29, 1833
-56 Sess. 407.
An Act to extend the Fire Limits in the City of New York;
passed April 30, 1S33-56 Sess.
An Act relative to the election of the Mayor of the city of
New York; passed March 3, 1834-57 Sess. 21.  [Obsolete.]
An Act authorizing the Commissioners of School Money in
the city and county of New York to use a part of the special
school tax money raised in said city and county to pay their
expenses; passed March 14, 1834-57 Sess. 31.  [Obsolete.]
An Act for the relief of the Prince street Orphan Asylum;
passed April 3, 1834-57 Sess. 73.
An Act to enable the Mayor, Aldermen and Commonalty of
the city of New York to raise money by tax; passed April 5,
1834-57 Sess. 77.
$700,000. Annual tax bill.
An Act relative to the Office of Register for the city and
county of New York; passed April 11, 1834-57 Sess. 121.
Declares all the acts of Gilbert Coutant, as register, valid.
An Act amending the act, entitled, "an act regulating the
Measuring of Grain in the city of New York (passed April 14,
1832); passed April 18, 1834-57 Sess. 54.  [Obsolete.]
An Act to amend an act, entitled, "an act to incorporate the
Washington Marine Insurance Company of the city of New
York  (passed April 27, 1833); passed April 22, 1834 —57
Sess. 164.
An Act concerning the New Yoirk Society for promoting the
Manumission of Slaves, and protecting such of them as have
been or may be liberated; passed April 22, 1834-57 Sess.
182.
An Act to vest certain Lands, Tenements and Hereditaments,
in the Mayor, Aldermen and Commonalty of the city of New
York; passed April 22, 1834-57 Sess.
Premises bounded by Grand, Corlears and Monroe streets, and by Second and North,
streets and avenue D.




106                    TITLES OF ACTS.
An Act to extend the Fire Limits in the city of New York;
passed April 23, 1834-57 Sess.
An Act in relation to the Trustees of the Sailors' Snug Harbor
in the city of New York; passed April 23, 1834-57 Sess.
184.
Authorizes the trustees to purchase and hold in fee certain strips and gores of land.
An Act to amend an act, entitled an act to incorporate the
East River Insurance Company of the city of New  York;
passed April 24, 1834-57 Sess. 208.
An Act to provide for deepening the waters adjacent to the
wharves, piers, docks, bulkheads and shores in the city of New
York; passed April 26, 1834-57 Sess. 245.
Repealed April 20, 1835. Laws of 1835, p. 107.
An Act to incorporate the New York Marine Dry Dock Company; passed May 1, 1834-57 Sess. 397.
An Act to amend an act, entitled, "an act to incorporate the
Trustees of the Harlem School, in the Twelfth Ward of the City
of New York;" passed April 29, 1834 —57 Sess.
An Act to amend and modify the acts now in force for the
Prevention of Fires in the city of New York; passed April 30,
1834-57 Sess.
An Act to incorporate the New  York Methodist Mutual
Benefit Society; passed May 1, 1S34-57 Sess. 400.
An Act to alter and amend an act, entitled, " An Act to incorporate the New York Life Insurance and Trust Company
(passed March 9, 1830); passed May 2, 1834-57 Sess. 445.
An Act to incorporate the Greenwich Insurance Company;
passed May 5, 1834-57 Sess. 513.
An Act to incorporate the Sea Insurance Company; passed
Mlay 5, 1834-57 Sess. 523.
An Act for the further relief of the Eye Infirmary of the city
of New York; passed May 5, 1834-57 Sess. 546.
Appropriates $1,000 annually for three years.
An Act to authorize the survey of a route for a Railroad from
the city of New York to Lake Erie; passed May 6, 1834-57
Sess. 576.




TITLES OF ACTS.                   107
An Act to incorporate the New York India Rubber Company; passed March 11, 1835-58 Sess. 22.
An Act to authorize the clerk in the city and county of New
York to transcribe the docket of certain Judgments mentioned
therein; passed March 16, 1835-58 Sess. p. 32.
Authorizes clerk to transcribe docket of judgments of common pleas from 1819 to
1827. [Obsolete.]
An Act to enable the Mayor, Aldermen and Commonalty of
the city of New York to raise money by tax; passed March 31,
1835-58 Sess. 40.
Annual tax bill, to raise $850,000.
An Act in relation to the First Regiment of the First Brigade
of New York State Horse Artillery; passed April 1, 1835-58
Sess.
An Act to change the title of the Presbyterian Church in
Cedar street, in the city of New York; passed April 3, 183558 Sess. 44.
An Act to continue the Charter of the Franklin Fire Insurance Company; passed April 10, 1835-58 Sess. 47.
An Act relative to the School connected with the Alms-house
of the city of New York; passed April 13, 1835-58 Sess. 54.
L Obsolete.]
An Act authorizing a per centage to be added to unpaid
Taxes in the city of New York; passed April 13, 1835-58
Sess. 56. [Obsolete.]
An Act to extend for a limited period the Charter of the
North River Insurance Company of the city of New York;
passed April 13, 1835 —58 Sess. 63.
An Act to extend the time for completing the New York and
Harlem  Railroad, and for other purposes; passed April 18,
1835-58 Sess. 87.
An Act to amend an act, entitled " An Act in relation to the
Trustees of the Sailors' Snug Harbor in the city of New York"
(passed April 23, 1834); passed April 20, 1835 —58 Sess. 109.
An Act to provide for the appointment of an additional
special Justice, for preserving the Peace in the city of New
York; passed April 23, 1835-58 Sess.




108                   TITLES OF ACTS.
An Act for the relief of Jacob Crane; passed April 27, 1835
-58 Sess. 171.
Releases the interest of the state to a house and lot on Catharine and Monroe streets,
in the city of New York.
An Act regulating the Weighing of Merchandise in the city
of New York; passed May 1, 1835-58 Sess. 203.  [Obsolete.]
An Act to incorporate an Asylum for the relief of the Children
of poor Widowers and Widows in Greenwich village in the city
of New York; passed May 2, 1835-58 Sess. 247.
An Act further to amend the act to incorporate the New
York and Erie Railroad Company (passed April 24, 1832);
passed May 8, 1835-58 Sess. 287.
An Act in relation to Sales of Real Estate by Executors;
passed May 9, 1835-58 Sess.
An Act for the more convenient adjustment of the affairs of
certain Insurance Companies in the city of New York, rendered
insolvent by the late fire in that city; passed January 18, 1836
-59 Sess. 5.  [Obsolete.]
An Act to extend and continue in force an act to incorporate
the Hibernian Provident Society of the city of New York;
passed January 29, 1836-59 Sess. 16.
An Act for the benefit of certain Insurance Companies;
passed February 12, 1836-59 Sess. 26.
An Act to enable the Trustees of the Seamen's Fund and
Retreat to borrow money from the passengers' fund; passed
February 13, 1836-59 Sess. 29.
An Act in relation to the Franklin Fire Insurance Company,
in the city of New York; passed February 24, 1836-59 Sess.
31.
An Act to increase the number of Trustees of the Methodist
Episcopal Church of the east circuit in the city of New York;
passed March 11, 1836-59 Sess. 68.
An Act to reduce the Capital Stock of the Globe Fire Insurance Company, of the city of New York; passed March 17,
1836-59 Sess. 71.
An Act to Incorporate  the  Renovative Fire  Insurance
Company of the city of New York; passed March 31, 183659 Sess. 124.




TITLES OF ACTS.                  109
An Act for the relief of the Phenix Fire Insurance Company
of the city of New York; passed April 8, 1836-59 Sess.
140.
An Act to reduce the capital stock of the Mutual Insurance
Company of the city of New York; passed April 8, 1836-59
Sess. 141.
An Act to amend the act, entitled, "an act to incorporate the
Eagle Fire Insurance Company of New York" (passed 4th
April, 1806); passed April 13, 1836-59 Sess. 176.
An Act to incorporate the Indemnity Fire Insurance Company of the city of New York; passed April 13, 1836-59
Sess. 177.
An Act to incorporate the Fifth Ward Fire Insurance Company of the city of New York; passed April 13, 1836-59
Sess. 181.
An Act to incorporate the Atlas Marine Insurance Company
of the city of New York; passed April 14, 1836-59 Sess.
188.
An Act to incorporate the New York Guardian Insurance
Company; passed April 16, 1836-59 Sess. 196.
An Act confirming the Charter of the North American Coal
Company; passed April 19, 1836-59 Sess. 207.
An Act to incorporate the New York Portable Gas Company; passed April 20, 1836-59 Sess. 224.
An Act authorizing the dissolution of the MIasonic Hall Association in the city of New York; passed April 20, 1836-59
Sess. 226.
An Act to expedite the construction of a Railroad from New
York to Lake Erie; passed April 23, 1836-59 Sess. 227.
An Act to incorporate the Northern Fire Insurance Company;
passed April 23, 1836-59 Sess. 231.
An Act to incorporate the Hamilton Fire Insurance Company in the city of New  York; passed April 25, 1836-59
Sess. 239.
An Act to incorporate the Eighth Ward Fire Insurance Com



110                   TITLES OF ACTS.
pany in the city of New York; passed April 25, 1836-59 Sess.
243.
An Act to incorporate the Merchants' Marine Insurance Company of the city of New York; passed April 26, 1836-59 Sess.
260.
An Act relative to the Roman Catholic Benevolent Society in
the city of New York; passed April 29, 1836-59 Sess. 276.
An Act to enable the Mayor, Aldermen and Commonalty of
the city of New York to raise money by tax; passed April 29,
1836-59 Sess. 277.
Annual tax bill. Authorized to raise $950,000.
An Act to alter the name of the Firemen's Fire Insurance and
Loan Company and to Classify its Directors; passed April 30,
1836-59 Sess. 281.
An Act in relation to the HIumane Society of the city of New
York; passed April 30, 1836 —59 Sess. 283.
An Act further to amend the " Act to incorporate the Mutual
Insurance Company of the city of New York;" passed April 30,
1836-59 Sess. 291.
An Act to incorporate the Eighth Ward Mutual Insurance
Company in the city of New York; passed April 30, 1836-59
Sess. 293.
An Act for the relief of the Alliance Mutual Insurance Company; passed May 2, 1836-59 Sess. 295.
An Act to amend Title Second, Chapter 14, Part 1st of the
Revised Statutes relating to the Quarantine Regulations of the
port of New York; passed May 2, 1836-59 Sess. 295.
Repealed. See ~ 27 of Chap. 300 of Laws of 1846.
An Act to vest certain Lands, Tenements and Hereditaments
in the Mayor, Aldermen and Commonalty of the city of New
York, for the purpose of enlarging and improving the Centre
Iarket in the said city; passed May 2, 1836-59 Sess.
An Act to amend an act, entitled " An act to incorporate the
New York and Albany Railroad" (passed April 17, 1832);
passed May 9, 1836-59 Sess. 373.
An Act further to amend the act to incorporate the New York
and Erie Railroad Company; passed May 11, 1836-59 Sess.
427.




TITLES OF ACTS.                   ll
An Act to amend the act incorporating the New York and
Harlem Railroad Company, and the act amending the same
(passed April 18, 1835); passed May 12, 1836-59 Sess. 443.
An Act to amend the act, entitled " An act to incorporate the
Jackson Marine Insurance Company of the city of New York,"
and to increase the Capital Stock thereof; passed May 1 1 1836
- 59 Sess. 452.
An Act to amend the act to incorporate the State Marine Insurance Company of the city of New York; passed May 12,
1836-59 Sess. 459.
An Act to amend and extend the act, entitled " An act to incorporate the Harlem River Canal Company") passed April 16,
1827); passed May 13, 1836-59 Sess. 473.
An Act to amend an act, entitled " An act Regulating the
Weighing of Merchandise in the city of New York" (passed
May 1, 1835); passed May 16, 1836-59 Sess. 526.  [Obsolete.]
An Act to renew and enlarge the corporate powers of the New
York Hydrostatic Dock Company; passed May 25, 1836-59
Sess. 703.
An Act to authorize Henry Patchin and others to construct
Docks, Wharves, Bulkheads and Piers in the East River, in
front of their Lands in the city of Brooklyn, and for other Purposes; passed May 25, 1836-59 Sess.
An Act to incorporate the Stuyvesant Institute of the city of
New York; passed May 25, 1836-59 Sess. 705.
An Act to incorporate the New York Silk Company; passed
May 25, 1836-59 Sess. 720.
An Act to incorporate the Columbian Fire Insurance Company of the city of New York; passed May 25, 1836-59 Sess.
733.
An Act for the relief of Eliza McCarthy; passed May 25,
1836-59 Sess. 737.
An Act to incorporate the New York Statistical Society;
passed May 25, 1836-59 Sess. 761.
An Act to incorporate the Canal Insurance Company in the
city of New York; passed May 25, 1836-59 Sess. 767.




112                   TITLES OF ACTS.
An Act to incorporate the New York Sadler's Benevolent Society; passed May 26, 1836-59 Sess. 788.
An Act authorizing the Governor to appoint a Coroner for
the city and county of New York, to supply a vacancy in said
office; passed February 4, 1837-60 Sess. 14. [Obsolete.]
An Act authorizing the establishment of a Medical Faculty
in the University of the city of New York; passed February
11, 1837-60 Sess. 17.
An Act to confirm certain trusts therein mentioned; passed
February 21, 1837-60 Sess. 20.
Relates to trusts for the benefit of the American Bible Society.
An Act to amend an act, entitled " an act for the more convenient adjustment of the affairs of certain Insurance Companies in the city of New York, rendered insolvent by the late fire
in that city " (passed January 18, 1836); passed February 27,
1837-60 Sess. 28.  [Obsolete.]
An Act to extend the time for completing the New York and
Harlem Railroad; passed March 6, 1837-60 Sess. 38.
An Act to enable the Mayor, Aldermen and Commonalty of
the city of New York to raise money by tax; passed March 17,
1837-60 Sess. 59.
Annual tax bill. Authorized to raise $1,250,000.
An Act for the relief of James Thomson; passed March 17,
1837-60 Sess. 62.
An Act to amend the charter of the Columbian Fire Insurance Company in the city of New  York; passed March 29,
1837-60 Sess. 95.
An Act to incorporate the United States Insurance Company
of the city of New York; passed March 31, 1837-60 Sess. 102.
An Act to extend the Charter of the Union Insurance Company; passed April 1, 1837-60 Sess. 110.
An Act to amend the Charter of the Eighth Ward Mutual
Insurance Company in the city of New York; passed April 1,
1837-60 Sess. 111.
An Act to enable the Trustees of the Seamen's Fund and Retreat to borrow Money from the Passengers' Fund; passed April
6, 1837-60 Sess. 150.




TITLES OF ACTS.                   113
An Act to provide for the appointment of two additional
Lumber Inspectors in the city and county of New York; passed
April 10, 1837-60 Sess. 161.
An Act for the Licensing and Government of the Pilots of
the Port of New York by the way of Sandy Hook; passed
April 12, 1837.
Repealed by ~ 1, chap. 40, Laws 1845.
An Act to amend an act, entitled " an act incorporating the
Fifth Ward Fire Insurance Company in the city of New York"
(passed April 13, 1836); passed April 21, 1837-60 Sess. 218.
An Act relating to the Methodist Book Concern in the city
of New York; passed April 21, 1837-60 Sess. 220.
An Act to amend an act, entitled " an act to incorporate the
Jackson Marine Insurance Company in the city of New York"
(passed April 23, 1831); passed April 24, 1837-60 Sess. 254.
An Act to incorporate the Society for the Relief of Half
Orphan and Destitute Children in the city of New York; passed
April 27, 1837-60 Sess. 287.
An Act to amend an act, entitled "an act Incorporating the
Eighth Ward Fire Insurance Company in the city of New York"
(passed April 25, 1836); passed May 1, 1837-60 Sess. 305.
An Act to incorporate the Globe Fire Insurance Company;
passed May 2, 1837-60 Sess. 328.
An Act to amend an act, entitled " an act to incorporate the
Gas Light Company of the city of New York " (passed March
26, 1823); passed May 2, 1837-60 Sess. 332.
An Act for the further relief of the Eye Infirmary of the city
of New York; passed May 2, 1837-60 Sess. 333.
An Act respecting the State Arsenal in the city of New York;
passed May 9, 1837.
Repealed by ~ 1, chap. 204, Laws 1848.
An Act to authorize the Rector, Churchwardens and Vestry
of the Protestant Episcopal Church of St. Mark's in the Bowery, in the city of New York, to take and hold real and personal
estate; passed May 12, 1837-60 Sess. 440.
An Act to amend an act, entitled " an act to incorporate the
New York and Albany Rail Road Company;" passed April 17,
8




114                   TITLES OF ACTS.
1832, and an act to amend the same; passed May 9, 1836;
passed May 12, 1837-60 Sess. 456.
An Act to incorporate the New York Ophthalmic Dispensary;
passed May 15, 1837-60 Sess. 503.
An Act to incorporate the Tailoresses' and Seamstresses' Benevolent Society of New York; passed May 15, 1837-60 Sess.
509.
An Act to release to the Mayor, Aldermen and Commonalty of
the city of New York a certain Piece of Ground in the Sixth
Ward of the said city; passed May 15, 1837-60 Sess.
An Act for the relief of the New South Dutch Church on
Washington Square in the city of New York; passed May 16,
1837-60 Sess. 520.
An Act to incorporate the American Society for the Diffusion
of Useful Knowledge; passed May 16, 1837-60 Sess. 523.
An Act in relation to certain Insolvent Insurance Companies
in the city of New York; passed February 20, 1838-61 Sess. 21.
An Act to amend the Charter of the New York Fire Insurance Company; passed March 22, 1838-61 Sess. 63.
An Act to incorporate the St. George's Society of the city of
New York; passed March 23, 1838-61 Sess. 65.
An Act to reduce the capital of the City Fire Insurance
Company of the city of New York; passed March 23, 1838 —61
Sess. 71.
An Act to enable the Mayor, Aldermen and Commonalty of
the city of New York to raise money by Tax; and for other
purposes; passed March 24, 1838-61 Sess. 73.
Annual tax bill. Authorized to raise $1,300,000.
An Act to amend the Charter of the Union Insurance Company; passed March 27, 1838-61 Sess. 81.
An Act further to extend and amend an act, entitled " an act
to incorporate the Stockholders of the New York Insurance
Company" (passed April 2, 1798); passed March 29, 183861 Sess. 90.
An Act to incorporate the Sub-Marine Armor Company;
passed April 2, 1838-61 Sess. 108.




TITLES OF ACTS.                     115
An Act to Incorporate the Triton Insurance Company of the
city of New York; passed April 4, 1838-61 Sess. 110.
An Act to incorporate the Hamilton Marine Insurance Company of the city of New  York; passed April 4, 1838-61
Sess. 114.
An Act to incorporate the Saint David's Benefit and Benevolent Society of the city of New  York; passed April 6, 183861 Sess. 127.
An Act to revive and continue in force the act, entitled " an
act to incorporate the New York Guardian Insurance Company;"
passed April 6, 1838-61 Sess. 130.
An Act to incorporate the German Mutual Assistance Society
for Widows and Orphans in the city of New York; passed April
6, 1838-61 Sess. 132.
An Act to incorporate the Hudson Fire Insurance Company
in the city of New York; passed April 6, 1838-61 Sess. 135.
An Act incorporating the Repository of the American Institute; passed April 6, 1838-61 Sess. 140.
An Act to incorporate the Seventeenth Ward Fire Insurance
Company in the city of New  York; passed April 9, 1838-61
Sess. 147.
An Act to incorporate the Rutgers Female Institute in the
city of New York; passed April 10, 1838-61 Sess. 161.
An Act to amend an act, entitled' an act for the Licensing
and Government of the Pilots of the Port of New York by the
way of Sandy Hook" (passed April 12, 1837); passed April 12,
1838-61 Sess. 168
Repealed by ~ 1, chap. 40, Laws 1845.
An Act to revive the act, entitled " an act to incorporate the
Atlas Marine Insurance Company of the city of New  York;
passed April 14, 1838-61 Sess. 184.
An Act relative to the Bonds of Collectors of Taxes in the city
of New York;passed April 14, 1838-61 Sess. 184.
Obsolete. The office of collector of taxes in the city of New York having been
abolished by the act creating the office of receiver of taxes; passed April 18, 1843.
An Act to incorporate the New York and Montgomery Mining
Company; passed April 14, 1838-61 Sess. 189.




116                   TITLES OF ACTS.
An Act to amend the act, entitled " an act to incorporate the
Globe Fire Insurance Company;" passed April 14, 1838-61
Sess. 191.
An Act to amend the act, entitled " an act to Expedite the
Construction of a Railroad from New York to Lake Erie" (passed
April 23, 1836); passed April 16, 1838-61 Sess. 208.
An Act to incorporate the Association for the Benefit of Colored Orphans in the city of New York; passed April 16, 1838
-61 Sess. 212.
An Act to incorporate the Mutual Safety Insurance Company;
passed April 17, 1838-61 Sess. 217.
An Act to extend the charter of the Ocean Insurance Company; passed April 18, 1838-61 Sess. 230.
An Act to amend the first section of an act to incorporate the
American Society for the Diffusion  of Useful Knowledge
(passed May 16, 1837); passed April IS, 1838S-61 Sess. 242.
An Act to amend an act, entitled "an act to incorporate the
Merchants' Marine Insurance Company of the city of New York"
(passed April 26, 1836); passed April 18, 1838-61 Sess. 245.
An Act relative to the New York and Albany Railroad Company; passed April 18, 1838-61 Sess. 299.
Extends time for commencement and completion two years.
An Act to revise the charter of the Harlem River Canal Company, and extend the time for its construction; passed April 18,
1838- 61 Sess. 311.
An Act to provide for the Appointment of an Additional Special Justice for preserving the Peace in the city of New York;
passed April 18, 1838-61 Sess.
An Act to revise and amend an act, entitled " an act to incorporate the Northern  Fire Insurance Conpany"  (passed
April 23, 1836); passed April 18, 1838-61 Sess. 320.
An Act relative to certain Insolvent Insurance Companies in
the city of New York; passed February 18, 1839-62 Sess. 24.
An Act to incorporate the American Atlantic Steam Navigation Company of the city of New York; passed February 23,
1839-62 Sess. 30.




TITLES OF ACTS.                      117
An Act to incorporate the Girard Fire Insurance Company
of the city of New York; passed March 4, 1839-62 Sess. 39.
An Act to incorporate the New York Benevolent Association
of Bookbinders; passed March 6, 1839-62 Sess. 45.
An Act to amend the Charter of the College of Pharmacy in
the city of New York (passed April 25, 1831); passed March
6, 1839-62 Sess. 46.
An Act to incorporate the United States Mutual Benefit Society of Mechanics of the city of New York; passed March 6,
1839-62 Sess. 48.
An Act to incorporate the New York Museum of Natural History and Science;  passed March 6, 1839-62 Sess. 49.
An Act in relation to the Atlantic Insurance Company of New
York; passed March 8, 1839-62 Sess. 51.
An Act-to enable the Mayor, Aldermen and Commonalty of
the city of New York to raise money by tax; passed March 11,
1839  62 Sess. 58.
Annual tax bill. Authorized to raise $1,170,000.
An Act to incorporate the State Hospital of the city of New
York; passed March 11, 1839-62 Sess. 61.
Repealed chap. 175, Laws of 1845.
An Act to amend " An act in relation to Certain Trusts;"
passed March 11, 1839-62 Sess. 62.
Relates to trusts for benefit of the American Bible Society.
An Act to authorize the Trustees of the New York Society
Library to commute their annual dues; passed March 15, 1839
-62 Sess. 65.
An Act to incorporate the Union Theological Seminary in the
city of New York; passed March 27, 1839-62 Sess. 83.
An Act to appoint an Assistant Vice-Chancellor for the first
Judicial District, and for other purposes; passed March 27,
1839.
Provides for the appointment of Assistant Vice-Chancellor for the city of New York.
[ZVow obsolete.]
An Act to incorporate the Trustees of the Protestant Episcopal Society for promoting Religion and Learning in the state of
New York; passed April 4, 1839-62 Sess. 102.




118                     TITLES OF ACTS.
An Act to revise and amend the charter of the Columbian Fire
Insurance Company of the city of New  York; passed April 5,
1839-62 Sess. 106.
An Act to incorporate the Emmet Fire Insurance Company
in the city of New York; passed April 6, 1S39-62 Sess. 110.
An Act to incorporate the Missionary Society of the Methodist
Episcopal Church; passed April 9, 1S39 —62 Sess. 113.
An Act for the relief of Samuel C. Johnson; passed April 10,
1839-62 Sess. 122.
Authorizes him to mortgage a lot in John street, to remove an old building, and to rebuild thereon.
An Act to amend the act, entitled " an act to incorporate the
New York and Harlem  Railroad Company;" passed April 12,
1839-62 Sess. 141.
An Act to amend the act respecting the collection of Taxes in
the city of New York; passed April 13, 1839-62 Sess. 143.
Repealed i 3, ch. 218, L. of 1842, and altered.
An Act relating to the New York and Albany Railroad Company; passed April 16, 1839-62 Sess. 158.
An Act to extend the charter of the Ocean Insurance Company; passed April 17, 1839-62 Sess. 162.
An Act to revise and amend an act to incorporate the New
York Statistical Society; passed April 18, 1839-62. Sess. 166.
An Act to amend an act, entitled " an act to incorporate the
Eighth Ward Fire Insurance Company in the  city of New
York;" passed April 25, 1839 —62 Sess. 209.
Changes name to " Trust Fire Insurance Company."
An Act to authorize the trustees of the Amity Street Baptist
Church to Increase the number of their Trustees; passed April
26, 1839-62 Sess. 215.
An Act to vest certain lands, tenements and hereditaments in
the Mayor, Aldermen and Commonalty of the city of New York,
for the certain purposes; passed April 26, 1839-62 Sess.
Third avenue and One Hundred and Twenty-first street.
An Act relative to the Atlas Marine Insurance Company of
the city of New York; passed April 26, 1839 —62 Sess. 226.




TITLES OF ACTS.                    119
An Act to incorporate the Grange Cemetery Association;
passed April 27, 1839-62 Sess. 247.
An Act to incorporate the Electro-Magnetic Company; passed
April 29, 1839-62 Sess. 252.
An Act for the relief of St. Luke's Church in the city of New
York; passed April 29, 1839-62 Sess. 253.
An Act to incorporate the Metropolitan Insurance Company
in the city of New  York; passed April 29, 1839-62 Sess.
261.
An Act to incorporate the Seventh Ward Fire Insurance
Company in the city of New York; passed April 29, 1839-62
Sess. 262.
An Act to amend an act, entitled " an act to amend an act
in relation to certain Trusts (passed March 11, 1S39); passed
April 29, 1839-62 Sess. 263.
Relates to trusts for benefit of The American Bible Society.
An Act to incorporate the Chelsea Insurance Company of the
city of New York; passed April 29, 1839-62 Sess. 267.
An Act to incorporate the Washington Insurance Company
of the city of New York; passed April 29, 1839; 62 Sess.
271.
An Act to incorporate the Alliance Insurance Company of
the city of New York; passed April 30, 1S39-62 Sess. 278.
An Act to incorporate the Palladium Fire Insurance Company in the city of New York; passed May 2, 1839-62 Sess.
294.
An Act for the relief of certain devisees of John Gardner, deceased; passed May 6, 1839-62 Sess. 318.
Authorizes sale of real estate of deceased in fee simple, &c.
An Act to incorporate the Ocean Steam Packet Company;
passed May 6, 1839-62 Sess. 321.
An Act relating to the Quarantine Laws; passed May 7, 1839
-62 Sess. 331.
Repealed sec. 27, ch. 300, Laws 184G.
An Act to incorporate the North American Steam Navigation
Company; passed M5ay 7, 1839-62 Sess. 344.




120                   TITLES OF ACTS.
An Act to incorporate the Spanish Benevolent Society in the
city of New York; passed May 7, 1839-62 Sess. 348.
An Act to incorporate the New York Poudrette Company;
passed May 7, 1839-62 Sess. 350.
An Act relative to certain Insolvent Insurance Companies in
the city of New York; passed February 1, 1840-63 Sess. 8.
An Act to enable the Mayor, Aldermen and Commonalty of
the city of New York to raise money by tax; passed February
4, 1840-63 Sess. 8.
Annual tax bill. Authorized to raise $1,100,000.
An Act further to extend the act incorporating the New York
African Society for Mutual Relief; passed March 12, 1840-63
Sess. 34.
An Act to prevent illegal voting in the city of New York,
and to promote the convenience of legal voters; passed March
30, 1840-63 Sess. 52.
Repealed by chaps. 56 and 130, Laws of 1842, and chap. 380, Laws of 1859.
An Act to amend the charter of the State Hospital of the
city of New York; passed April 3, 1840-63 Sess. 61.
Repealed. Chap. 175, Laws of 1845.
An Act to incorporate the New York Hibernian Benevolent
Burial Society; passed April 11, 1840-63 Sess. 75.
An Act respecting the ensuing charter election in the city of
New York; passed April 13, 1840-63 Sess. 77.  [Obsolete.]
An Act to incorporate the Journeymen Ship Joiners' Benevolent Association of the city of New York; passed April 13,
1840-63 Sess. 83.
An Act to incorporate the Watchmen's Mutual Beneficial
Association of the city of New York; passed April 13, 1840 —
63 Sess. 84.
An Act to incorporate the Union Benevolent Italian Society
in the city of New York; passed April 18, 1840-63 Sess.
101.
An Act to amend the charter of the Jackson Marine Insurance Company of the city of New York; passed April 24, 1840
-63 Sess. 116.




TITLES OF ACTS.                    121
An Act to enable the State Hospital in the city of New York
to extend the benefits of the Institution to the Indigent; passed
April 25, 1840-63 Sess. 119.
Repealed. Chap. 175, Laws of 1845.
An Act for the relief of the American Seamen's Friend Society in the city of New York; passed April 27, 1840-63 Sess.
125.
Authorizes a loan to t'e Seamen's Friend Society of $15,000, repayable in five years.
An Act to amend the several acts in relation to the New
York and Erie Railroad; passed April 29, 1840-63 Sess. 147.
An Act to amend the charter of the East River Fire Insurance Company; passed April 29, 1840-63 Sess. 149.
An Act relative to the Trust Fire Insurance Company of the
city of New York; passed May 4, 1840-63 Sess. 156.
An Act to amend the charter of the United States Insurance
Company of the city of New York; passed May 5, 1840-63
Sess. 159.
An Act to incorporate the New  York Female Assistance Society; passed May 6, 1840-63 Sess. 170.
An Act abolishing Brigade Courts-martial, and authorizing
Regimental Courts-martial in lieu thereof, in certain Cases, in
the First and Sixth Brigades of New York State Artillery;
passed May 7, 1840-63 Sess.
An Act for establishing the inspection of Quercitron Bark in
the city of New  York; passed May 7, 1840-63 Sess. 180.
[Obsolete.]
An Act to incorporate the Apollo Association for the promotion of the Fine Arts; passed May 7, 1840-63 Sess. 186.
An Act relative to the New York and Harlem  Railroad Company; passed May 7, 1840-63 Sess. 190.
An Act for the relief of Cornelius Dubois, of the city of New
York, Treasurer of the Humane Society in said city; passed
May 11, 1840-63 Sess. 202.
An Act to extend the time for making a final dividend among
the creditors of the Sea Insurance Company; passed May 12,
1840-63 Sess. 218.




122                   TITLES OF ACTS.
An Act to incorporate the Franklin Association in the city of
New York; passed May 13, 1840-63 Sess. 220.
An Act to amend the charter of the Palladium Fire Insurance
Company; passed May 13, 1840-63 Sess. 222.
An Act in relation to the New South Dutch Church on Washington Square in the city of New York; passed May 13, 184063 Sess. 227.
An Act to incorporate the Society of Brotherly Love in the
city of New York; passed May 13, 1840-63 Sess. 228.
An Act for the relief of the University of the city of New
York; passed May 14, 1840-63 Sess. 243.
Authorizes a judgment against the University to be cancelled.
An Act for the better Organization of Criminal Courts in the
city and county of New York; passed May 14, 1840-63 Sess.
257.
Repealed Chap. 129, Laws 1843.
An Act to incorporate the Mutual Insurance Company; passed
May 14, 1840-63 Sess. 259.
An Act to amend an act, entitled " an act to authorize the appointment of an Assistant Vice-Chancellor, for the First Judicial
Circuit, and for other purposes (passed March 27, 1839); passed
May 14, 1840-63 Sess. 263.  [Obsolete.]
An Act to amend the Charter of the Hudson Fire Insurance
Company in the city of New York; passed May 14, 1840-63
Sess. 271.
An Act to amend an act, entitled " an act incorporating the
Merchant's Marine Insurance Company of the city of New
York" (passed April 27, 1836); passed May 14, 1840-63 Sess.
275.
An Act to incorporate the Fulton Fire Insurance Company
in the city of New York; passed May 14, 1840-63 Sess. 276.
An Act to amend the act, entitled " an act to prevent illegal
voting in the city of New York, and to promote the convenience
of legal voters " (passed March 30, 1840); passed May 14, 1840
-63 Sess. 301.
Repealed chap. 56; Laws of 1843, except ~ 6 amending ~ 19, of originalact.
An Act to amend the act, entitled " an act for the relief of cer



TITLES OF ACTS.                    123
tain devisees of John Gardener, deceased;" passed May 14, 1S40
-63 Sess. 305.
An Act to incorporate the Steam Boiler Maker's Benevolent
Society of the city of New York; passed February 13, 184164 Sess. 18.
An Act relative to certain Insolvent Insurance Companies in
the city of New York; passed February 23, 1841-64 Sess. 22.
An Act to incorporate the American Bible Society; passed
March 25, 1841 —64 Sess. 41.
An Act in relation to the Trustees of the New York Society
Library; passed March 29, 1841-64 Sess. 47.
An Act further to amend an act to prevent illegal voting in
the city of New York, and to promote the convenience of legal
voters (passed March 30, 1840); passed March 31, 1841-64
Sess. 54. [Obsolete.]
An Act to incorporate the St. Nicholas Society of the city of
New York; passed April 17, 1841-64 Sess. 77.
An Act to incorporate the Sons of Herman in the city of New
York; passed April 17, 1841-64 Sess. 78.
An Act to enable the Dispensaries in the city of New York
to extend their benefits; passed April 21, 1841-64 Sess. 96.
Appropriates to each $1,500 annually, out of health moneys.
An Act to incorporate the New  York Bible and Common
Prayer Book Society; passed April 21, 1841-64 Sess. 97.
An Act for the relief of the Rector, Churchwardens and Vestrymen of Trinity Church, in the city of New York; passed
April 22, 1841 —64 Sess. 102.
An Act for the relief of the Trustees of the Leake and Watts'
Orphan House in the city of New  York; passed April 27,
1841-64 Sess. 107.
An Act to further amend the act, entitled " an act to incorporate
the Washington Marine Insurance Company of the city of New
York" (passed April 27, 1833); passed Apiil 28, 1841-64
Sess. 119.
An Act in relation to the Bleecker street Presbyterian Church
in the city of New York; passed April 30, 1841-64 Sess. 131.




124                   TITLES OF ACTS.
An Act to amend an act, entitled " an act to amend the acts
heretofore passed for the Prevention of Fires in the City of New
York " (passed April 20, 1830); passed May 5, 1841-64 Sess.
An Act to incorporate the Allaire Works; passed May 5,
1841-64 Sess. 136.
An Act to incorporate the Shamrock Benevolent Society in
the city of New York; passed MIay 19, 1841-64 Sess. 174.
An Act for the relief of Thomas S. Roycroft; passed May 19,
1841-64 Sess. 174.
An Act to incorporate the Nautilus Insurance Company;
passed May 21, 1841-64 Sess. 191.
An Act to incorporate the Sun Mutual Insurance Company;
passed May 22, 1841-64 Sess. 195.
An Act to amend the charter of the Seventeenth Ward Fire
Insurance Company; passed May 24, 1841-64 Sess. 196.
An Act to incorporate the Mutual Protection Insurance Company of the city of New York; passed May 25, 1841-64 Sess,
196.
An Act to incorporate the Householders' Mutual Insurance
Company; passed May 25, 1841-64 Sess. 209.
An Act to extend the charter of the American Insurance
Company of New York; passed May 25, 1841-64 Sess. 229.
An Act to incorporate the General Mutual Insurance Company; passed May 25, 1841-64 Sess. 229.
An Act to incorporate the American Tract Society; passed
May 26, 1841-64 Sess. 249.
An Act to enable the Supervisors of the city and county of
New York to raise money by tax; passed May 26, 1841-Sess.
265.
Annual tax bill. Authorized to raise $1,255,900.
An Act for the more permanent establishment of the State
Hospital in the city of New York; passed May 26, 1841 —64
Sess. 267.
Repealed, chap. 175, Laws of 1845.
An Act to amend an act in relation to the Inspection of Sole
Leather; passed May 26, 1841-64 Sess. 271.  [Obsolete.]




TITLES OF ACTS.                    125
An Act to amend an act, entitled " An act to authorize Henry
Patchin and others to construct Docks, Wharfs, Bulkheads and
Piers in the East River, in front of their Lands, in the City of
Brooklyn, and for other Purposes" (passed May 25, 1836);
passed May 26, 1841-64 Sess.
An Act to provide for returning a greater number of Grand
Jurors at the Courts of Oyer and Terminer and General Sessions of the peace in the city and county of New York, and for
other purposes; passed May 26, 1S41-64 Sess. 317.
~ 1 of this act is an amendment of the Revised Statutes, and is incorporated therein.
~ 2 repealed by ~ 6, chap. 148, Laws of 1844; and ~ 3 repealed by ~ 1, chap. 129, Laws
of 1843.
An Act to amend an act, entitled " an act to incorporate the
Triton Insurance Company of the city of New  York (passed
April 4, 1838); passed May 26, 1841-64 Sess. 328.
An Act to amend an act, entitled " an act for the relief of
the Trustees of the Third Congregation of the Associate Reformed Church in the city of New York" (passed February 5,
181 9); passed January 27, 1842-65 Sess. 5.
An Act to enable the General Society of Mechanics and
Tradesmen of the city of New York to extend the benefits of
their School and  Library; passed February  7, 1842 —65
Sess. 15.
An Act relative to certain insolvent Insurance Companies in
the city of New York; passed February 19, 1842-65 Sess. 25.
An Act to enable the Supervisors of the city and county of
New York to raise Money by Tax; passed March 21, 1842-65
Sess. 55.
Annual tax bill. Authorized to raise $1,100,000.
An Act to increase the annual payments on the shares of the
New York Society Library; passed March 24, 1842-65 Sess.
60.
An Act to amend an act, entitled " an act to incorporate the
General Mutual Insurance Company" (passed May 25, 1841);
passed April 6,. 1842-65 Sess. 138.
An Act to amend an act, entitled " an act to incorporate the
Sun  Mutual Insurance Company (passed  May 22, 1841);
passed April 6, 1842-65 Sess. 139.
An Act relative to the Uniformed Corps now organized and
attached to the Infantry of the City and County of New York;
passed April 11, 1842-65 Sess.




126                    TITLES OF ACTS.
An Act to extend to the city and county of New York, the
provisions of the General Act in relation to Common Schools;
passed April 11, 1842-65 Sess. 184.
Repealed by ~ 40, ch. 386, Laws of 1351.
An Act to amend an act, entitled " an act to incorporate the
Householder's Mutual Insurance Company" (passed May 25,
1851); passed April 11, 1842 —65 Sess. 207.
An Act relative to the New York and Albany Railroad Company; passed April 11, 1842-66 Sess. 217.
An Act to incorporate the St. George's German Benevolent
Society for the city of New York; passed April 11, 1842-65
Sess. 223.
An Act to incorporate the Atlantic Mutual Insurance Company, in the city of New  York; passed April 11, 1842-65
Sess. 261.
An Act respecting the collection of Taxes in the city and
county of New  York; passed April ] 1, 1842-65 Sess. 266.
[Obsolete.]
An Act further to amend the act, entitled " an act to incorporate the Washington Marine Insurance Company of the city
of New York" (passed April 27, 1833); passed April 11, 1842
-65 Sess. 277.
An Act to amend the act, entiled " an act to incorporate the
New York and Erie Rail Road Company;" passed April 11, 1842
-65 Sess. 281.
An Act relative to the Fireman's Insurance Company in the
city of New York; passed April 12, 1842-65 Sess. 282.
An Act to amend the Revised Statutes relating to the Public
Health; passed April 12, 1842-65 Sess. 292.
Repealed by ~ 27, chap. 300, Laws of 1846.
An Act to incorporate the Mercantile Mutual Insurance Company; passed April 12, 1842-65 Sess. 301.
An Act to incorporate the Mutual Life Insurance Company of
New York; passed April 12, 1842  65 Sess. 301.
An Act for the further relief of the Eye Infirmary of the city
of New York; passed April 12, 1842-65 Sess. 313.




TITLES OF ACTS.                    127
An Act for the reduction of the capital stock of the National
Fire Insurance Company in the city of New York; passed April
12, 1842-65 Sess. 321.
An Act to incorporate the Carvers and Gilders Benevolent
Society in the city of New York; passed April 12, 1842 — 65
Sess. 329.
An Act for the relief of the children and heirs of Catherine
Jones, deceased; passed April 12, 1842-665 Sess. 365.
An Act to confirm the title of the American Tract Society to
certain real estate in the city of New York; passed April 12,
1S42-65 Sess. 366.
An Act to incorporate the Commercial Insurance Company in
the city of New York; passed April 12, 1842-65 Sess. 368.
An Act to incorporate the New York Mutual Insurance Company; passed April 12, 1842-65 Sess. 373.
An Act to amend an act, entitled " an act to incorporate the
East River Fire Insurance Company of the city of New York"
(passed April 24, 1833); passed April 12, 1842-65 Sess. 387.
An Act relative to the Trust Fire Insurance Company in the
city of New York; passed April 12, 1842-65 Sess. 397.
An Act respecting the collection of taxes in the city of New
York; passed January 12, 1843-66 Sess. 3.  [Obsolete.]
An Act concerning the Title of the Trustees of the New York
Society Library, to certain Real Estate in the city of New York;
passed February 14, 1843-66 Sess. 14.
An Act to confirm the Title of Thomas Graham  to certain
Real Estate in the city of New York; passed February 21, 1843
-66 Sess. 17.
An Act to enable Juan Scorsur to hold, take and convey Real
Estate; passed February 28, 1843-66 Sess. 21.
An Act to amend " an act to incorporate the New York City
Marble Cemetery " (passed April 26, 1832); passed March 13,
1843-66 Sess. 29.
An Act in relation to " the Trustees of the Seamen's Fund
and retreat in the City of New York;" passed March 17, 184266 Sess. 43.




128                    TITLES OF ACTS.
An Act to amend an act, entitled " an act to incorporate the
Jackson Marine Insurance Company of the city of New York "
(passed April 23, 1831); and the several acts amendatory thereof; passed March 31, 1843-66 Sess. 47.
An Act to incorporate the American Mutual Insurance Company in the city of New York; passed April 1, 1843-66 Sess.
50.
An Act for the Relief of the Kindred of Manuel Myers, deceased; passed April 6, 1843-66 Sess. 59.
An Act relating to the Court of Common Pleas, for the city
and county of New York; passed April 10, 1843-66 Sess. 63.
Provides for the appointment by the court of common pleas of a clerk of said court.
This law was held by the court for the correction of errors to be unconstitutional and
void. The People v. Warner, 2 Denio's Rep. p. 272.
An Act to incorporate the Pelican Mutual Insurance Company; passed April 10, 1843-66 Sess. 65.
An Act to incorporate the Croton Insurance Company in the
city of New York; passed April 10, 1843-66 Sess. 66.
An Act to incorporate the Atlas Mutual Insurance Company;
passed April 10, 1843 —66 Sess. 67.
An Act to incorporate the Alliance Mutual Insurance Company; passed April 10, 1843-66 Sess. 71.
An Act to incorporate the Merchant's Mutual Insurance Company in the city of New York; passed April 10, 1843-66
Sess. 73.
An Act to incorporate the American Baptist Home Mission
Society; passed April 12, 1843-66 Sess. 93.
An Act relative to the Mutual Safety Insurance Company;
passed April 12, 1843-66 Sess. 93.
An Act to extent the time for which the New York Dyeing and
Printing Establishment was originally incorporated; passed
April 13, 1843-66 Sess. 112.
An Act to repeal an act, entitled " an act for the Better Organization of Criminal Courts in the city and county of New
York," passed May 14, 1840; passed April 13, 1843-66 Sess.
An Act to enable the Supervisors of the city and county of




TITLES OF ACTS.                   129
New York to raise money by tax; passed April 17, 1843-66
Sess. 170.
Annual tax bill. Authorized to raise $990,000.
An Act for the reduction of the Capital Stock of the Hudson
Fire Insurance Company of the city of New York; passed
April 17, 1843-66 Sess. 171.
An Act to amend an act, entitled " an act to incorporate the
Householders Mutual Insurance Company" (passed May 25,
1841); passed April 17, 1843-66 Sess. 175.
An Act to incorporate the Johanitee German Benevolent Society of the city of New York; passed April 17, 1843-66 Sess.
189.
An Act to amend an act, entitled, "an act to incorporate the
New York Bible and Common Prayer Book Society" (passed
April 21, 1841); passed April 17, 1843-66 Sess. 198.
An Act to incorporate the New York Floating Dry Dock
Company; passed April 18, 1843-66 Sess. 226.
An Act to incorporate the Bickur Cholem, a benevolent society in the city of New  York; passed April 18, 1843-66
Sess. 250.
An Act in relation to the construction of the New York and
Erie Railroad; passed April 18, 1843-66 Sess. 254.
An Act to incorporate the Washington Monument Association of the city of New York; passed April 18, 1843-66 Sess.
258.
An Act to amend the Charter of the Nautilus Insurance Company (passed May 21, 1841); passed April 18, 1843-66 Sess.
275.
An Act to incorporate the New York Society for the Relief of
Widows and Orphans of Medical Men; passed April 18, 184366 Sess. 284.
An Act to incorporate the Astor Mutual Insurance Company
of the city of New York; passed April 18, 1843-66 Sess. 285.
An Act to amend an act, entitled L an act to authorize Henry
Patchin and others to construct Docks, Wharfs, Bulkheads,
and Piers, in the East River, in front of their Land, in the city
of Brooklyn, and for other Purposes;" passed May 25, 1836;
passed April 18, 1843-66 Sess.
9




130                    TITLES OF ACTS.
An Act to amend an act, entitled, "an act to extend to the
city and county of New York, the provisions of the general act
in relation to the Common Schools" (passed April 11, 1842);
passed April 18, 1843-66 Sess. 290.
Repealed by sec. 40, chap. 3SG, of Laws of 1851.
An Act confirming certain deeds and for other purposes therein mentioned; passed April 18, 1843-66 Sess. 330.
Confirms deeds relating to the Tontine Coffee House in the city of New York.
An Act to amend the act to incorporate the Apollo Association
for the promotion of the Fine Arts (passed May 7, 1840); passed
January 29, 1844-67 Sess. 7.
An Act to amend the Charter of the Public School Society
of New York; passed March 23, 1844-67 Sess. 50.  [Obsolete.]
An Act further to amend an act, entitled, " an act to incorporate the Sun Mutual Insurance Company" (passed May 22,
1841); passed March 27, 1844-67 Sess. 65.
An Act to amend the act therein referred to, declaring the
Rights and for the Relief of the Master and Wardens of the
Port of New York; passed March 29, 1844-67 Sess.
Repealed by chap. 405, Laws of 1857.
An Act to incorporate the New York Vaccine Institution in
the city of New York; passed April 3, 1844-67 Sess. 101.
An Act to amend the act, entitled " an act to incorporate the
New York and Erie Railroad Company" (passed April 24, 1832);
passed April 5, 1844 —67 Sess. 103.
An Act to incorporate the Odd Fellows' Hall Association of
the city of New York; passed April 6, 1844-67 Sess. 113.
An Act to dissolve the Pilot's Charitable Society; passed
April 9, 1844-67 Sess. 130.
An Act to incorporate  the  Protestant Episcopal Church
Missionary Society for Seamen in the city and port of New
York; passed April 12, 1844-67 Sess. 213.
An Act to amend the act, entitled " an act to incorporate the
Trustees of the Leake and Watts Orphan House in the city of
New York (passed March 7, 1831); passed April 13, 1844-67
Sess. 227.
An Act to confirm  the title of James H. Allen to certain




TITLES OF ACTS.                     131
lands in Poughkeepsie and the city of New York; passed April
22, 1844-67 Sess. 262.
An Act to incorporate the New York Benevolent Society of
Operative Masons; passed April 26, 1844-67 Sess. 334.
An Act for the better security of Mechanics, and others erecting buildings and furnishing materials therefor in the city and
county of New York; passed April 29, 1844-67 Sess 339.
Iepealed by ~ 13 of chap. 513, of Laws of 1851.
An Act to incorporate the Irish Emigrant Society of New
York; passed April 29, 1844-67 Sess. 347.
An Act to incorporate the Baptist American and Foreign
Bible Society; passed April 29, 1844-67 Sess. 356.
An Act to incorporate the Mendelsohn Benevolent Society of
the city of New York; passed April 30, 1844-67 Sess. 361.
An Act to amend an act, entitled, " an act for the collection
of taxes in the city of New York" (passed April 18, 1843);
passed May 1, 1844-67 Sess. 368.
This act amends ~~ 5, 7, 8, 9 and 12 of the act amended.
An Act to amend an act, entitled, " an act to incorporate the
Merchants Fire Insurance Company;" passed April 2, 1819;
and any other acts supplementary thereto or amendatory thereof; passed May 1, 1844-67 Sess. 372.
An Act to enable the Supervisors of the city and county of
New York, to raise money by tax; passed May 2, 1844-67
Sess. 383.
Annual tax bill. Authorized to raise $1,298,922 21.
An Act to incorporate the Deutscher Kranken Verein in the
city of New York; passed MIay 4, 1844-67 Sess. 400.
An Act in relation to the First and Sixth Brigades of Artillery in the city of New York; passed May 6, 1844-67 Sess.
An Act to amend several acts relative to the inspection of
beef and pork, and the appointment of Inspectors in the city of
New York; passed May 6, 1844-67 Sess. 407.  [Obsolete.]
An Act to aid the Medical Departments of the New York
University and other Institutions; passed May 6, 1844-67
Sess. 413.
Authorizes the payment to the medical faculty of the University, of $3,000 a year for
five years.




132                   TITLES OF ACTS.
An Act to amend an act entitled " an act to incorporate the
New York Contributionship for the Insurance of houses and
property from loss by fire; and the act amending the same;
passed May 6, 1844-67 Sess. 417.
An Act to incorporate the Eastern Collegiate Institute in the
city of New York; passed May 7, 1844-67 Sess. 443.
An Act in relation to the Washington Mlonument Association; passed May 7, 1844-67 Sess. 450.
An Act to continue in force the "act to incorporate the
Ancient Britons Benefit Society in the city of New York;"
passed May 7, 1844-67 Sess. 464.
An Act more effectually to provide for Common School Education in the city and county of New York; passed May 7, 1844
-67 Sess. 490.
Repealed by ~ 40, ch. 386, Laws of 1851.
An Act to enable the Supervisors of the city and county of
New York, to raise money by tax; passed March 14, 184568 Sess. 16.
Annual tax bill. Authorized to raise $1,339, 487.
An Act for the relief of the heirs of Darby Haggerty, formerly
of the city of New York, deceased; passed March 28, 1845 —
68 Sess. 26.
An Act for the relief of the American Seamen's Friend Society in the city of New York; passed March 28, 1845-68
Sess. 27.
An Act relative to Pilots and Pilotage by the Way of Sandy
Hook; passed April 1, 1845-68 Sess.
Repeals all former laws as to Sandy Hook pilots.
An Act in relation to the Circuit Court in and for the city
and county of New York; passed April 5, 1845-68 Sess. 33.
[Obsolete.]
An Act authorizing the New York and Erie Railroad Company to construct a Branch terminating at the Village of Newburgh; passed April 8, 1845-68 Sess. 36.
An Act for the Relief of the Religious Incorporation or Society known as the Corporation of the Berean Baptist Church in
the city of New York; passed May 6 1845-68 Sess. 116.




TITLES OF ACTS.                    133
An Act enlarging the Powers of the North American Fire
Insurance Company; passed May 7, 1845-68 Sess. 125.
An Act to incorporate the Colored Home of the city of New
York; passed May 8, 1845-68 Sess. 144.
An Act to incorporate the American Atlantic Steam Navigation Company; passed May 8, 1845-68 Sess. 156.
An Act to amend " an act to incorporate the Reformed Presbyterian Church in the city of New York (passed March 24,
1820); passed May 10, 1845-68 Sess. 169.
An Act to repeal the several acts in relation to the State
Hospital in the city of New York; passed May 10, 1845-68
Sess.
Repeals acts of Miarch 11, 1839, and MIay 26, 1841, and directs moneys to be paid to
the Colored Home.
An Act to incorporate the Laborer's Union Benevolent Association in the city of New York; passed May 13, 1845-68
Sess. 246.
An Act to renew an act, entitled, " an act to incorporate the
Society in the city of New York for the relief of Poor Widows
with small children" (passed April 5, 1810); passed May 13,
1845 -6.Sess. 248.
An Act in relation to liens created by the several acts for the
better security of Mechanics and others erecting buildings and
furnishing materials therefor; passed May 18, 1845-68 Sess.
257.
Repealed by ~ 13, chap, 513, Laws of 1851.
An Act to incorporate the German Lutheran Missionary Society of New York; p'assed May 13, 1845-68 Sess. 259.
An Act to incorporate the New York Gallery of the Fine
Arts; passed May 13, 1845-68 Sess. 267.
An Act to incorporate the "HIamback Brothers" in New
York; passed May 13, 1845-68 Sess. 269.
An Act for the relief of the devisee of William Vyse, late of
the city of New  York, deceased; passed May 14, 1845-68
Sess. 307.
An Act for the reorganization of the Alms-House Department in the city and county of New York; passed May 14,
1845-68 Sess. 308.  [Obsolete.]




134                    TITLES OF ACTS.
An Act for the further relief of the New York Eye and Ear
Infirmary; passed May 14, 1845-68 Sess. 316.
Appropriated $1,000 annually for three years from May 1, 1846.
An Act to incorporate the Trustees for the Management and
Care of the Fund for the Support of the Episcopate of the Diocese of New York; passed May 14, 1845-68 Sess. 328.
An Act to amend an act, entitled " an act to Enable the Dispensaries of the city of New York to Extend their Benefits"
(passed April 21, 1841); passed May 14, 1845 —68 Sess. 332.
An Act in relation to the Construction of the New York and
Erie Railroad; passed May 14, 1845-68 Sess. 352.
An Act to amend an act, entitled " an act relating to the New
York and Harlem  Railroad Company" (passed May 7, 1840)^
passed May 14, 1845-68 Sess. 381.
An Act to incorporate the Union Mutual Insurance Company;
passed May 14, 1845-68 Sess. 407.
An Act to revive and continue in force an act, entitled "an
act to incorporate the New York Historical Society" (passed
February 10, 1809) and to amend the same; passed February 2,
1846-69 Sess. 9.
An Act to amend the act, entitled " an act to amend the
several acts relative to the Inspection of Beef and Pork, and the
Appointment of Inspectors in the city of New York" (passed
May 6, 1844); passed February 28, 1846-69 Sess. 18.  [Obsolete.]
An Act for' the Relief of the Estate of James Dobbin, deceased; passed April 2, 1846-69 Sess.
An Act for the incorporation of the New York Hebrew Assistance Society for the relief of Widows and Orphans; passed
April 21, 1846-69 Sess. 93.
An Act to incorporate the "I1-ermans Brothers' Benevolent
Society" in the city of New York; passed April 21, 1846-69
Sess. 96.
An Act to enable the Supervisors of the city and county of
New York to raise money by tax; passed April 22, 1846-69
Sess. 99.
Annual tax bill. Authorized to raise $1,579,355 82.




TITLES OF ACTS.                    135
An Act to incorporate the Submarine Telegraph Company;
passed May 1, 1846-69 Sess. 135.
An Act to incorporate the Ocean Steam Navigation Company; passed May 8, 1546-69 Sess. 156.
An Act to incorporate the St. David's Benevolent Society of
the cities of New York and Brooklyn; passed May 9, 1846-69
Sess. 172.
An Act to incorporate the Hebrew Mutual Benefit Society of
the city of New York; passed May 9, 1846-69 Sess. 174.
An Act to incorporate the Prison Association of New York;
passed May 9, 1846-69 Sess. 175.
An Act to provide for the calling of a convention, in relation
to the charter of the city of New York; passed May 9, 1846 —
69 Sess. 184. [Obsolete.]
An Act to amend an act, entitled " an act in relation to the
construction of the New York and Erie Railroad;" passed May
14, 1846-69 Sess. 243.
An Act to amend an act, entitled an act to amend an act relating to the New York and Harlaen Railroad Company (passed
May 14, 1845); passed May 11, 1846-69 Sess. 248.
An Act for the relief of the Lafayette Horse Guards of the
city of New York; passed May 12, 1846-69 Sess. 254.
Provided for the settlement and payment of the accounts of the corps, when called out
into the service of the State, in 1844 and 1845.
An Act for the benefit of the North American Fire Insurance
Company; passed May 12, 1846-69 Sess. 255.
An Act to authorize the construction of a railroad from New
York to Albany; passed May 12, 1846-69 Sess. 272.
Hudson River Railroad Company.
An Act further to amend an act, entitled " an act to incorporate the New York Fire Insurance Company of the city of New
York"  (passed April 18, 1832); passed May 12, 1846-69
Sess. 286.
An Act for the benefit of the Howard Insurance Company of
the city of New York; passed May 12, 1846-69 Sess. 286.
An Act for the benefit of the Merchants' Fire Insurance Company; passed May 12, 1846-69 Sess. 288.




136.                  TITLES OF ACTS.
An Act to change the corporate name of the Mutual Insurance
Company of the city of New York, and to reduce its capital;
passed May 12, 1846-69 Sess. 289.
New name, "The Knickerbocker Fire Insurance Company of New York."
An Act to reduce the capital stock of the Firemen's Insurance Company in the city of New York, and for other purposes; passed May 12, 1846-69 Sess. 290.
An Act for the benefit of the New York Guardian Insurance
Company in the city of New York; passed May 12, 1846-69
Sess. 292.
An Act for the benefit of the Jefferson Insurance Company in the city of New York; passed May 12, 1846 —69 Sess.
293.
An Act for the benefit of the Manhattan Fire Insurance
Company in the city of New York; passed May 12, 1846-69
Sess. 294.
An Act for the benefit of the Eagle Fire Company of New
York, in the city of New York; passed May 12, 1846-69 Sess.
295.
An Act for the benefit of the East RIiver Mutual Insurance
Company in the city of New York; passed May 12, 1846-69
Sess. 337.
An Act for the benefit of the United States Fire Insurance
Company in the city of New York; passed May 12, 1846-69
Sess. 338.
An Act for the benefit of the National Fire Insurance Company in the city of New York; passed May 12, 1846-69 Sess.
341.
An Act for the relief of the German Horse Guards of the city
of New York; passed May 13, 1846-69 Sess. 343.
An Act to amend an act, entitled " An act to enable the Dispensaries of the city of' New York to extend their benefits
(passed April 21, 1841); passed May 13, 1846-69 Sess. 381.
Money to be paid to different dispensaries.
An Act concerning Quarantine and regulations in the nature
of Quarantine, at the port of New York; passed May 13, 1846
69 Sess. 395.
Repealed by ~ 38, chap. 275, Laws of 1850.




TITLES OF ACTS.                   137
An Act for the benefit of the New York Equitable Insurance
Company in the city of New York; passed May 13, 1846-69
Sess. 455.
An Act to amend an act, entitled " an act in relation to the
construction of the New York and Erie Railroad" (passed May
14, 1845); passed May 13, 1S46-69 Sess. 459.
An Act to revive and continue in force the charter of the
Butchers Benevolent Society in the city of New York; passed
May 13, 1846-69 Sess. 471.
An Act to incorporate the New York and Offing Mlagnetic
Telegraph Association; passed May 13, 1S816-69 Sess. 474.
An Act to amend an act, entitled "an act to authorize the
construction of a Railroad from New York to Albany" (passed
May 12, 1846); passed March 20, 1847-70 Sess. 23.
An Act to revive and amend the act, entitled " an act to incorporate the Washington Monument Association of the city of
New York" (passed April 18, 1843); and also an act, entitled,
"an act in relation to the Washington MIonument Association"
(passed May 7, 1844); passed 3March 31, 1847-70 Sess. 49.
An Act to amend the act, passed MCay 12, 1846, for the benefit
of the Merchant's Fire Insurance Company; passed April 7,
1S47-70 Sess. 65.
An Act to continue in force an act, entitled " An act for the
Benefit of the New York Guardian Insurance Company of the
City of New York" (passed May 12, 1846); passed April 15,
1847-70 Sess. 72.
An Act to amend an act, entitled "An act for the Benefit of
the Manhattan Fire Insurance Company in the city of New
York (passed May 12, 184(6); passed April 15, 1847-70 Sess.
72.
An Act to authorize the Board of Education of the City
of New York to establish Evening Free Schools for the education of Apprentices and others; passed April 16, 1847-70
Sess. 82.
Repealed sec. 3, ch. 128, Laws 1848.
An Act to amend an act, entitled " An act to reduce the Capital Stock of the Firemen's Insurance Company in the city of
New York, and for other purposes" (passed Mtay 12, 1846);
passed April 19, 1847-70 Sess. 96.




138                   TITLES OF ACTS.
An Act to change the corporate name of the Second Associate
Reformed Church in the city of New York; passed April 21,
1847-70 Sess. 103.
An Act to provide for increasing the Capital Stock of the
Manhattan Gas Light Conapany of the City of New  York;
passed April 29, 1847-70 Sess. 156.
An Act to extend the time for filling up the capital of the
East River Mutual Insurance Company of the city of New
York; passed April 30, 1847-70 Sess. 157.
An Act for the benefit of the American Institute of the city
of New York; passed Mlay 3, 1847-70 Sess. 172.
An Act to authorize Daniel Richards and others to construct
and build Docks, Wharfs, Bulkheads, Piers, and Basins in front
of their Lands in Gowanus Bay, in the City of Brooklyn and
Port of New York; passed May 5, 1847-70 Sess.
An Act authorizing the Board of Education of the city and
county of New York to establish a Free Academy in said city;
passed May 7, 1S47-70 Sess. 208.
Repealed by ~ 40, of ch. 386, Laws of 1851.
An Act to amend the act, entitled " an act to incorporate the
3Merchant's Exchange Company" (passed January 27, 1823);
passed May 7, 1847-70 Sess. 239.
An Act to' amend an act, entitled " an act to incorporate the
New York Fire Insurance Company of the city of New York"
(passed April 18, 1832); passed May 10, 1847-70 Sess. 274.
An Act to amend an act, entitled " an act more effectually
to provide for Common School Education in the city of New
York" (passed MIay 7, 1S44); passed May 11, 1847-70 Sess.
275.
repealed by ~ 40, ch. 386, of Laws of 1851.
An Act to authorize William  H. Inmlay and others to erect
Piers and Bulkheads in front of their Lands in the City of Brooklyn; passed May 12, 1847-70 Sess.
An Act to enable the Supervisors of the city and county of
New York to raise money by tax; passed May 12, 1847-70
Sess. 282.
Annual tax bill. Authorized to raise $1,824,211 15.
An Act to provide for filling vacancies in the Offices of Justices




TITLES OF ACTS.                   139
of the Superior Court of the city of New York, and Recorder in
the city of Albany; passed September 13, 1847-70 Sess. 413.
[Obsolete.]
An Act to amend an act, entitled " an act to amend an act,
entitled an act in relation to the Construction of the New
York and Erie Railroad" (passed May 14, 1845); and for other
purposes (passed May 11, 1846); passed October 18, 1847-70
Sess. 430.
An Act to change the name of Stuyvesant Rutherfurd to
Rutherfurd Stuyvesant; passed October 28, 1847-70 Sess. 447.
An Act in relation to the Adjournment of Causes in the Assistant Justices' Courts of the city of New York; passed November 10, 1847-70 Sess.
Repealeld by Laws of 1857.
An Act further to amend the act to incorporate the Apollo
Association for the promotion of the Fine Arts (passed May 7,
1840); passed November 26, 1847-70 Sess. 500.
An Act to increase the Capital of the Union Mutual Insurance
Company, and for other purposes; passed November 26, 1847
-70 Sess. 501.
An Act for the adjustment of claims incurred for Military
Purposes in the city of New York, and for the distribution of
the Commutation Moneys received under the act of May 3,
1846; passed November 27, 1847-70 Sess. 504.
An Act to incorporate the Orinoco Steam Navigation Company of New York; passed December 3, 1847 —70 Sess. 513.
An Act to incorporate the New York Society for the promotion of Education among Colored Children; passed December
7, 1847-70 Sess. 527.
An Act to amend an act, entitled " an act relating to Harbor
Masters in the city of New York;" passed January 15, 184871 Sess.
Superseded by chap. 72, Laws of 1850.
An Act further to amend " an act to authorize the construction of a Railroad from New York to Albany" (passed May 12,
1846); passed February 10, 1848-71 Sess. 39.
An Act to reduce the Capital Stock of the New York Equit



140                   TITLES OF ACTS.
able Insurance Company; passed February 18, 1848-71 Sess.
67.
An Act in relation to the Public School Society in the city of
New York; passed March 4, 1848-71 Sess. 81.  [Obsolete.]
An Act to amend the acts incorporating the East River Mutual Insurance Company, and to change its name; passed March
18, 1848-71 Sess. 112.
New name-The East River Insurance Company.
An Act to amend an act, entitled "an act to extend to the
city and county of New York the provisions of the general act
in relation to Common Schools" (passed April 11, 1842); passed
March 21, 1848 —71 Sess. 147.
Repealed by ~ 40 of chap. 3S6 of Laws of 1851.
An Act to authorize the Board of Education of the city of
New York to establish Evening Schools for the education of
apprentices and others; passed March 25, 1848-71 Sess. 209.
Repealed by ~ 40 of chap. 386 of Laws of 1851.
An Act for the benefit of the New York Guardian Insurance
Company in the city of New York; passed March 25, 1848-71
Sess. 211.
An Act to amend an act, entitled " an act more effectually to
provide for Common School Education in the city and county
of New York" (passed May 7, 1844); passed March 27, 184871 Sess. 211.
Repealed by ~ 40 of chap. 336, of Laws of 1851.
An Act to amend an act relating to the New York and Harlem Railroad Company (passed AMay 7, 1840); and the acts
amending the same; passed March 29, 184S-71 Sess. 238.
An Act to amend an act, entitled " an act to provide for the
appointment of Commissioners of Deeds in the Cities of this
State," passed March 7, 1848, as far as the second section of
the act hereby amended applies to the city of New  York;
passed March 31,1848.
An Act to authorize certain Owners of Real Estate in the City
of Brooklyn to construct Bulkheads and Wharfs in front of their
Lands, and to fill in the same; passed March 31, 1848.
An Act to incorporate the United States Mail Steamship Navigation Company; passed April 5, 1848 —71 Sess. 289.




TITLES OF ACTS.                    141
An Act to amend an act, entitled " an act in relation to the
Trustees of the Seamen's Fund and Retreat in the city of New
York" (passed March 17, 1843); passed April 5, 1848.
An Act to authorize the Mayor, Aldermen and Commonalty
of the city of New York to raise twenty five thousand dollars by
loan, and to fund the same; passed April 5, 1848-71 Sess. 296.
WVashington Square Iron Railing Stock. Obsolete. Stock paid off.
An Act for the Relief of Grantees of the Estate of Johannes
Iolthuysen, late of the city of New York, deceased; passed
April II, 1848-71 Sess. 364.
An Act making appropriations to the Dispensaries in the city
of New York; passed April 11, 1848-71 Sess. 367.
An Act to amend an act, entitled " an act for the Collection
of Taxes i'n the city of New York" (passed April 18, 1843);
passed April 11, 1848.
Repealed by act of April, 1853.
An Act to amend an act, entitled " an act to incorporate the
Astor Mutual Insurance Company of the city of New York"
(passed April 18, 1843); passed April 11, 1848-71 Sess. 368.
An Act to incorporate the East River Savings Institution;
passed April 11, 1848-71 Sess. 369.
An Act to incorporate the Neptune Ocean Steamship Company; passed April 12, 1848-71 Sess. 390.
An Act, making Appropriations for the Society for the Reformation of Juvenile Delinquents in the city of New York; passed
April 12, 1848.
An Act to reimburse to the New York Institution for the Instruction of the Deaf and Dumb certain Expenses incurred by
them in furnishing Clothing to the State Pupils; passed April
12, 1848-71 Sess.
An Act to incorporate the Pacific Mail Steamship Company;
passed April 12, 1848-71 Sess. 396.
An Act to amend the act in relation to Justices and Police
Courts in the city of New York (passed March 30, 1848); passed April 12, 1848-71 Sess.
An Act to amend an act, entitled " an act for th. Adjustment
of Claims incurred for Military Purposes in the city of New




142                   TITLES OF ACTS.
York, and in the Distribution of the Commutation Moneys received under the act passed May 3, 1846 " (passed November
27, 1847); passed April 12, 1848-71 Sess. 413.
An Act to incorporate the New York and Savannah Steam
Navigation Company; passed April 12, 1848-71 Sess. 424.
An Act to enable the Supervisors of the city and county of
New York to raise money by tax; passed April 12, 1848-71
Sess. 429.
Annual tax bill. Authorizes to raise $1,992,150.
An Act to incorporate the Institution for the Savings of Merchants' Clerks; passed April 12, 1848-71 Sess. 451.
An Act to incorporate the Dry Dock Savings Institution in
the city of New York; passed May 12, 1848-71 Sess. 484.
An Act to incorporate the Trustees of the Astor Library;
passed January 18, 1849-72 Sess. 3.
An Act for the relief of the Estate of Rutherfurd Stuyvesant;
passed January 26, 1849-72 Sess. 16.
An Act to amend the charter of the Washington Monument
Association of the city of New York; passed February 2, 1849
-72 Sess. 24.
An Act making an Appropriation to the New York Institution for the Instruction of the Deaf and Dumb, to enable them
to pay off their debt; passed February 5, 1849.
$15,000.
An Act for the relief of certain purchasers of lands from the
Trust Fire Insurance Company in the city of New York; passed February 15, 1849-72 Sess. 36.
An Act for the relief of Fernando Wood; passed February
27, 1849-72 Sess. 93.
Right and title of the State released to him in certain premises conveyed to him by
Cornelia M'Carter and William M'Carter.
An Act to amend an act relating to the New York and Harlem  Railroad Company (passed May 7, 1840); and the acts
amending the same; passed March 6, 1849-72 Sess. 109.
An Act tQ amend an act, entitled " an act to incorporate the
New York Floating Dry Dock Company" (passed April 18,
1843); passed MIarch 12, 1849-72 Sess. 135.




TITLES OF ACTS.                     143
An Act to incorporate the Life Saving Benevolent Association of New York; passed March 26, 1849-72 Sess. 190.
An Act to amend an act to incorporate tle Trustees of the
Yorkville School in the Twelfth Ward of the city of New York
(passed April 2, 1827); passed March 27, 1S49-72 Sess.
An Act to amend an act " for the more effectual Prevention of
Fires in the city of New York," and to amend the acts heretofore passed for that purpose; passed April 4, 1S49-72 Sess.
296.
IRepealed by ~ 1, chap. 66, Laws of 1851.
An Act to incorporate the New York and tlavre Steam Navigation Company; passed April 4, 1S49-72 Sess. 314.
An Act to amend the charter of the Nautilus Insurance Company in the city of New York; passed April 5, 1S49-72 Sess.
324.
An Act to incorporate the American Female Guardian Society; passed April 6, 1849-72 Sess. 364.
An Act to continue in force " an act to incorporate an Association for the relief of respectable, aged, indigent Females in the
city of New York;" passed April 7, 1849-72 Sess. 389.
Continues act in force until March 10, 1870.
An Act to amend an act, entitled " an act incorporating the
University of the city of New York;" passed April 7, 1849-72
Sess. 398.
Eleven members to constitute a quorum.
An Act to enable the Supervisors of the city and county of
New York to raise money by tax; passed April 7, 1849-72
Sess. 402.
Annual tax bill. Authorized to raise $2,115,389.
An Act to incorporate the Panama Railroad Company; passed
April 7, 1849-72 Sess. 407.
An Act to incorporate the Mariners' Family Industrial Society of the port of New  York; passed April 9, 1849-72 Sess.
421.
An Act to amend an act relating to the New York and Harlem
Railroad Company (passed May 7, 1840); passed April 10, 1849
-72 Sess. 460.




144                   TITLES OF ACTS.
An Act to amend an act in relation to the Marine Court of the
city of New York; passed April 11, 1849-72 Sess. 529.
Amends ~ 11 of act of MIarch 27, 1849, and repeals ~ 14 of said act.
An Act to amend an act, entitled " an act more effectually to
provide for Common School Education in the city and county of
New  York" (passed May 7, 1844); passed April 11, 1849-72
Sess. 549.
Repealed by ~ 40, chap. 386, Laws 1851.
An Act to amend an act, entitled " an act to amend an act, entitled an act for the Establishment and Regulation of the Police
of the city of New York" (passed May 13, 1846); passed April
11, 1849.
An Act to incorporate the New York and Liverpool United
States Mail Steamship Company; passed April 11, 1849-72
Sess. 564.
An Act to incorporate the People's Bathing and Washing Association in the city of New York; passed April 11, 1849-72
Sess. 567.
An Act to authorize and direct the Surrogate of the city and
county of New York to admit to Probate and Record the Last
Will and Testament of William  H. Taylor, deceased; passed
April 11, 1849-72 Sess. 572.
An Act further to amend " an act to authorize the Construction of a Railroad from New York to Albany" (passed May 12,
1846); passed February 5, 1850-73 Sess. 14.
An Act to amend the Charter of the National Fire Insurance
Company of the city of New York; passed March 7, 185073 Sess. 50.
An Act to authorize the Surviving Trustees of the New York
Chemical Manufacturing Company to sell their Real Estate;
passed March 8, 1850-73 Sess. 56.
An Act relating to the Harbor Masters of the Port of New
York; passed March 16, 1850-73 Sess.
Repealed by Chapter 487, Laws of 1862.
An Act to amend an act, entitled "'an act relative to the
General Society of Mechanics and Tradesmen of the city of
New York" (passed April 3, 1811, passed February 18, 1853);
passed March 16, 1850-73 Sess. 76.




TITLES OF ACTS.                     145
An Act to amend the Charter of the New York Orphan
Asylum Society; passed March 16, 1850-73 Sess. 76.
An Act to enable the Supervisors of the city and county of
New York to raise money by tax; passed March 23, 1850-73
Sess. 123.
Annual tax bill. Authorized to raise $2,515,969.
An Act to amend the Charter of the Manhattanville Free
School in the city of New York; passed March 27, 185073 Sess.
An Act to confirm certain securities and conveyances of land;
passed March 28, 1850-73 Sess. 161.
Made by the Farmer's Loan and Trust Company.
An Act to amend an act, entitled "an act for the More Effectual Prevention of Fires in the city of New York, and to amend
the Acts heretofore passed for that purpose" (passed March 7,
1849); passed March 29, 1850-73 Sess.
An Act to amend an act, entitled " an act to create the Croton
Aqueduct Department in the city of New York" (passed April
11, 1S49); passed April 5, 1850-73 Sess. 320.
Amends ~ 9 of act of April 11, 1849, by striking out the words " 20th day of May" in
the.second line thereof, and inserting the words " 31st day of December," and striking
out from the same section the words " quarterly reports of the operations of the department shall also be made."
An Act to authorize Benjamin Hook, of the city of New
York, rigger, to change his name; passed April 5, 1850-73
Sess. 322.
An Act to provide for an equitable Settlement of Accounts
between the State Treasury and the City and County of New
York; passed April 6, 1850-73 Sess.
An Act to incorporate the United States Mail Steamship Company; passed April 6, 1850-73 Sess. 323.
An Act to change the corporate name of The Hope Chapel
Baptist Church and Congregation in the city of New York, to
" The Broadway Baptist Church;" passed April 8, 1850-73
Sess. 379.
An Act to incorporate the New York Medical College; passed
April 8, 1850-73 Sess. 389.
An Act to amend an act, entitled   an act to incorporate the
Pacific Mail Steamship Company" (passed April 12, 1846);
passed April 8, 1850-73 Sess. 391.
10




146                     TITLES OF ACTS.
An Act to amend an act, entitled " an act to incorporate the
Eastern Dispensary of the city of New York" (passed April
25, 1832); passed April 8, 1850-73 Sess. 398.
An Act to amend an act, entitled " an act to incorporate the
Contributors to the Northern Dispensary of the city of New,
York;" passed April 10, 1850-73 Sess. 495.
An Act to incorporate the California Inland Steam Navigation
Company; passed April 10, 1850-73 Sess. 627.
An Act to authorize the Merchants' Exchange Company in
the city of New York to reduce its capital stock; passed April
10, 1850-73 Sess. 631.
An Act authorizing the Common Council of the city of New
York to regulate the Salary of Policemen in said city; passed
April 10, 1850-73 Sess. 668.
Amends ~ 4 of article 3d of act of May 13, 1846.
An Act to incorporate the New York and Virginia Steamship
Company; passed April 10, 1850-73 Sess. 674.
An Act to facilitate the construction of the Hudson River
Railroad, by authorizing railroad and municipal corporations in
its vicinity to aid the same; passed April 10, 1850 —73 Sess. 690.
An Act to amend the act, entitled " an act concerning passengers in vessels coming to the city of New York" (passed
May 5, 1847); also, to amend an act, entitled " an act to amend
certain acts concerning passengers coming to the city of New
York" (passed April 11, 1849); passed April 10, 1850-73
Sess. 737.
~ 13 of the act of May 5, 1847, is amended as printed in this volume. ~ 5 of the act of
April 11, 1849, is amended as printed in this volume. ~ 5 of the act of December 15,
1847, and amended by ~ 10 of act of April 11, 1849, is amended, and the same was further amended by ~ 1 of ch. 523, Laws 1851, and as thus amended printed in this volume.
An Act to amend an act, entitled "An act to incorporate the
New York and Virginia Steamship Company (passed April 10,
1850), so as to enable said company to commence business when
one hundred thousand dollars of its capital shall have been subscribed;" passed March 3, 1851-74 Sess. 26.
An Act to increase the number of Managers of the Life Saving Benevolent Association of New York; passed MIarch 15,
1851-74 Sess. 49.
An Act to amend the act, entitled "An act to provide for
Sick and Disabled Seamen," passed April 22, 1831; also, to




TITLES OF ACTS.                    147
amend the several acts passed November 16, 1847, and April
11th, 1849, amendatory of the said act; passed March 17, 1851.
An Act to amend the act, entitled "An Act to incorporate
the Mutual Life Insurance Company of New York" (passed April
12, 1842);- passed March 25, 1851-74 Sess. 69.
An Act to amend the charter of St. Luke's Hospital in the city
of New York; passed M~arch 28, 1851-74 Sess. 71.
An Act to incorporate the Thistle Benevolent Association of
the city of New York; passed March 28, 1851-74 Sess. 74.
An Act to authorize William Beard and Others to construct
and build Docks, Wharfs, Bulkheads, Piers and Basins, in front
of their Lands, in the Sixth Ward of the city of Brooklyn and
Port of New York; passed April 3, 1851-74 Sess.
An Act for the relief of the Association for the Benefit of Colored Orphans in the city of New York; passed April 5, 185174 Sess.
An Act to incorporate the Knickerbocker Savings Institution;
passed April 8, 1851-74 Sess. 179.
An Act to amend an act, entitled " An act to incorporate the
California Inland Steam Navigation Company" (passed April 10,
1850); passed April 9, 1851 74 Sess. 221.'
An Act to incorporate the Franklinite Company for the exportation and manufacturing of Franklinite and other ores;
passed April 11, 1851-74 Sess. 240.
An Act to amend an act to incorporate the New York Gallery of Fine Arts (passed May 13, 1845); passed April 11, 1851
-74 Sess. 270,
An Act to amend an act, entitled "An act in relation to Justice and Police Courts in the city of New York" (passed March
30, 1848); passed April 11, 1851-74 Sess. 271.
Amends ~ 3 of act of March 30, 1848, as printed in this volume.
An Act to amend an act, entitled " An act-to incorporate the
American Female Guardian Society" (passed April 6, 1849);
passed April 12, 1851-74 Sess. 305.
An Act to incorporate the Protestant Episcopal Mutual Benefit Society; passed April 12, 1851-74 Sess. 314.




148                   TITLES OF ACTS.
An Act to incorporate the Swiss Benevolent Society of the
city of New York; passed April 14, 1851-74 Sess. 322.
An Act to authorize the Owners of Land fronting on Gowanus
Bay to build Docks, Wharfs and Bulkheads, Piers and Basins,
in front of their Lands in said Bay, in the city of Brooklyn, and
Port of New York; passed April 17, 1851-74 Sess.
An Act to amend the act, entitled " An act relating to the
Harbor Masters of the Port of New York" (passed March 16,
1850); passed April 17, 1851-74 Sess.
Repealed by Chap. 671, Laws of 1857,
An Act to incorporate the Ladies' Union Aid Society of the
Methodist Episcopal Church in the city of New York; passed
June 19, 1851 —74 Sess. 439.
An Act to incorporate the Broadway Savings Institute in the
city of New York; passed June 20, 1851-74 Sess. 462.
An Act to incorporate the Asylum for Friendless Boys in the
city of New York; passed June 20, 1851-74 Sess. 467.
An Act to enable the Supervisors of the city and county of
New York to raise Money by Tax; passed June 20, 1851-74
Sess. 482.
Annual tax bill. Authorized to raise $2,235,000.
An Act to incorporate the New York Academy of Medicine;
passed June 23, 1851-74 Sess. 550.
An Act to incorporate the Society for the Relief of the Destititute Children of Seamen; passed June 27, 1851-74 Sess. 580.
An Act to amend the act, entitled " An act in relation to the assessment and collection of Taxes in the city of New York, and to
amend the several acts in relation thereto" (passed March 30,
1850); passed June 30, 1851-74 Sess. 611.
Amends ~~ 17, 21, 23 of act of March 30, 1850, as printed in this volume.
An Act to incorporate the New  York Juvenile Asylum;
passed June 30, 1851-74 Sess. 633.
An Act to incorporate the Irving Savings Institution in the
city of New York; passed July 1, 1851-74 Sess. 716.
An Act to incorporate the New York IHouse and School of
Industry; passed July 8, 1851-74 Sess. 773.




TITLES OF ACTS.                   149
An Act to confirm the Title of the East River Insurance Company to certain Real Estate in the City of New York; passed
July 8, 1851-74 Sess. 789.
An Act to incorporate the Female Academy of the Sacred
Heart; passed July 9, 1851-74 Sess. 820.
An Act to give to the New York Medical College power to
found and maintain an Hospital connected with said college;
passed July 9, 1851-74 Sess. 856.
An Act to regulate the Compensation of the Assessors of the
Street Department of the city of New York; passed July 9, 1851
-74 Sess.
Repealed by Chapter 302, Laws of 1859.
An Act for the relief of the Survivors of the First Regiment
of New York Volunteers, who served in the War with Mexico;
passed July 10, 1851-74 Sess.
An Act to authorize the Merchants' Exchange Company in the
city of New York to reduce its capital stock and to borrow
money to pay its debts; passed July 10, 1851-74 Sess. 874.
An Act to incorporate the Collegiate Institute of the city of
New York; passed July 10, 1851-74 Sess. 924.
An Act to authorize the Erection of Steam Saw Mills of Wood
on the North River, between Twenty-seventh and Twentyeighth streets, in New York city, and between Thirtieth and
Thirty-first streets; passed July 11, 1851-74 Sess.
An Act to incorporate the Manhattan Steamship Company;
passed July 11, 1851-74 Sess. 961.
An Act relative to the powers and duties of the Mayor, Aldermen and Commonalty of the city of New York, in the matter of
taking possession of and laying out certain lands for a Public
Park in the Nineteenth ward of said city; passed July 11, 1851
-74 Sess. 978.
Jones' Wood Park.
An Act to amend " An act for the relief of Daniel Clark"
(passed April 26, 1832); passed July 11, 1851-74 Sess.
An Act to incorporate the Mexican Ocean Mail and Inland
Company; passed July 11, 1851-74 Sess. 985.




150                   TITLES OF ACTS.
An Act to incorporate the Union Steam Vessel Company;
passed July 11, 1851-74 Sess. 993.
An Act to incorporate the Association for the Exhibition of
the Industry of all Nations; passed March 11, 1852-75 Sess.
52.
An Act for the relief of John C. Beekman and others, and to
authorize the sale of part of certain real estate in the city and
county of New York, of which Mary E. G. Beekman died seised;
passed March 19, 1852-75 Sess. 68.
An Act to enable the Supervisors of the city and county of
New York to raise money by tax; passed March 19, 1852-75
Sess. 72.
Authorized to raise $2,561,650.
An Act to regulate the Number of Ballot Boxes to be used
at Elections in the city of New York; passed March 23, 1852
-75 Sess. S1.
Repealed by chap. 513, Laws of 1855.
An Act to Increase the Capital Stock of the Manhattan Gas
Light Company of the city of New York; passed March 25,
1852-75 Sess. 105.
Capital may be increased to $1,000,000.
An Act to incorporate the New York Exchange Company 
passed March 26, 1852-75 Sess. 123.
An Act in relation to the School Officers of the Twentieth
Ward of the city of New York; passed March 26, 1852-75
Sess. 130. [Obsolete.]
An Act to amend an act, entitled " an act relative to the
Farmers' Fire Insurance and Loan Company" (passed April 17,
1822); passed March 30, 1852-75 Sess. 142.
An Act to amend an act relating to the New York and Harlem  Railroad Company (passed May 7, 1840); and the acts
amending the same; passed April 6, 1852-75 Sess. 198.
An Act to enable the children of William C. Schermerhorn
and wife to take and hold real estate by descent or otherwise;
passed April 7, 1852-75 Sess. 218.
An Act to incorporate the Atrato and San Juan Transportation Company; passed April 8, 1852-75 Sess. 227.




TITLES OF ACTS.                    151
An Act to authorize the Supreme Court or any Justice thereof to direct the sale of the real estate of Mary Jane White, of
the city of New York, an infant; passed April 9, 1852 —75
Sess. 254.
An Act for the relief of the Rector, Churchwardens and
Vestrymen of St. Andrew's Church, in the village of Harlem,
in the twelfth ward in the city and county of New York;
passed April 9, 1852-75 Sess. 259.
An Act in relation to the Chief of Police of the city of New
York; passed April 10, 1852-75 Sess. 279.
Repeals all that part of the act to amend the charter of the city of New York, passed
July 11, 1851, relative to the appointment of the Chief of Police.
An Act to incorporate the New  York Academy of Music;
passed April 10, 1852- 75 Sess. 287.
An Act relative to the North American Fire Insurance Company in the city of New York; passed April 12, 1852-75 Sess.
297.
An Act to enable the American Bible Society to purchase,
take, hold and convey, and lease certain real estate; passed
April 13, 1852-75 Sess. 375.
An Act for the purpose of uniting in one corporation " the
Roman Catholic Orphan Asylum  in the city of New York,"
and "the Asylum  for relief of the children of poor widowers
and widows;" passed April 13, 1852-75 Sess. 379.
An Act to enable the Trustees of the Seamen's Fund and
Retreat in the city of New  York to borrow Money; passed
April 14, 1852-75 Sess. 407.
An Act for the relief of the United German Evangelical Lutheran Church in the city of New York; passed April 14, 1852
-75 Sess. 443.
An Act to amend an act, entitled " an act relative to Columbia College in the city of New York" (passed March 23, 1810);
passed April 15, 1852-75 Sess. 455.
An Act in relation to taking Testimony conditionally to be
read on the Trials of Actions pending in Justices' Courts in the
city of New York, and to amend an " act in relation to Justices'
and Police Courts in the city of New York," passed MIarch 30,
1828, and as the same has been amended; passed April 16,
1852-75 Sess. 471.
Abrogated by act of 1857.




152                   TITLES OF ACTS.
An Act to incorporate the New York Art Hall Association;
passed April 16, 1852-75 Sess. 489.
An Act to incorporate the Panama Water Stock Company;
passed April 16, 1852-75 Sess. 497.
An Act to incorporate the Aspinwall Water Company;
passed April 16, 1852-75 Sess. 501.
An Act for the relief of the Cordwainers' Benefit Society of
the city of New York; passed April 16, 1852-75 Sess. 517.
An Act to authorize the Construction of Drawbridges over
the Navigable Streams between the village of New Rochelle
and the city of New  York; passed April 16., 1852-75 Sess.
609.
An Act to effectuate the will of John Moran, late of the city
of New York, deceased; passed April 16, 1852 —75 Sess. 667.
An Act to change the title of The Presbyterian Church in
Duane street; passed April 16, 1852-75 Sess. 697.
An Act to authorize The Mletropolitan Fire Insurance Company in the city of New York to increase the number of their
directors; passed January 31, 1853-76 Sess. 8.
An Act to amend an act, entitled, " an act to incorporate the
Association for the Exhibition of the Industry of all Nations"
(passed Mlarch 11, 1852); passed February 28, 1853-76 Sess.
27.
An Act to authorize the Mayor and Chief of Police of the
city of New York to make provisions for an efficient Police for
the protection of the Crystal Palace in that city; passed February 28, 1853-76 Sess. 29.
An Act to amend an act, entitled "an act to incorporate the
Clinton Hall Association of the city of New  York (passed
February 23, 1830); passed Mlarch 3, 1853-76 Sess. 30.
An Act to amend an act relating to the New York and Harlem  Railroad Company (passed May 7, 1840), and the act
amending the same, passed March 9, 1853-76 Sess. 35.
An Act to incorporate the New York Corn Exchange; passed
April 2, 1853-76 Sess. 103.
An Act to amend the charter of the New York Dry Dock
Company; passed April 4, 1853-76 Sess. 138.




TITLES OF ACTS.                    153
An Act to amend an act, entitled "an act to incorporate the
New  York and Virginia Steamship Company" (passed April
10, 1850); passed April 5, 1853-76 Sess. 147.
An Act to incorporate the Ladies' Repository of New York;
passed April 5, 1853-76 Sess. 197.
An Act to amend an act, entitlel " an act to incorporate the
Pacific Mail Steamship Company" (passed April 12, 184S);
passed April 5, 1853-76 Sess. 204.
An Act to authorize Emanuel Congregation of the city of New
York to hold, grant and convey real estate; passed April 11,
1853-76 Sess. 297.
An Act to incorporate the Junior New  York Journeymen
Shipwright and Caulkers' Benevolent Association; passed April
11, 1853-76 Sess. 301.
An Act requiring the Police Justices, in the city of New
York, to file Records of all Convictions of Vagrancy; passed
April 12, 1853-76 Sess. 353.
An Act authorizing the Corporation of the city of New York
to provide Court Rooms for the First District Court in said city;
passed April 12, 1853-76 Sess. 295.
Superseded by act of 1857.
An Act to incorporate the United States Trust Company of
New York; passed April 12, 1853-76 Sess. 384.
An Act in relation to the Police Department in the city and
county of New York; passed April 13, 1853-76 Sess. 440.
Repealed by Metropolitan Police acts of 1859 and 1860.
An Act to enable the Supervisors of the city and county of
New York to raise Money by Tax; passed April 15, 1853-76
Sess. 520.
An Act further to amend an act, entitled " an act to amend
an act incorporating the East River Mutual Insurance Company,
and to change its name" (passed March 18, 1848); passed May
26, 1853-76 Sess. 569.
An Act to fix a permanent Line of Piers for the city of Brooklyn; passed May 26, 1853-76 Sess. 573.
An Act to amend an act, entitled " an act to incorporate the




154                   TITLES OF ACTS.
New York Academy of Medicine" (passed June 25, 1851);
passed June 4, 1853-76 Sess. 655.
An Act relative to the American and Foreign Bible Society;
passed June 4, 1853-76 Sess. 676.
An Act to amend an act, entitled " an act to divide the Eighteenth Ward of the city of Nwv York into Two Wards," passed
June 8, 1853-76 Sess. 735.
Enacts that ~ 2 of chap. 232 shall read as printed in this volume.
An Act providing for the appointment of an additional number of Notaries Public in the city and county of New York;
passed June 8, 1853.
Provides for appointment of 35 additional.
All Act to change the name of the Commercial Insurance
Company in the city of New York to that of the Commercial
Mutual Insurance Company; and to further amend the act, entitled an act to incorporate the Commercial Insurance Company
in the city of New York (passed April 12, 1S42); passed June
16, 1853-76 Sess. 740.
An Act to authorize " the Miinisters, Elders and Deacons of
the Reformed Dutch Church, on the corner of Greene and
Houston streets," in the city of New York, to change their
name; passed June 17, 1S53-76 Sess. 774.
An Act to enable the Society for the Reformation of Juvenile
Delinquents, in the city of New York, to complete their new
Buildings, and to appropriate Money therefor; passed June 17,
1853-76 Sess. 785.
An Act in relation to the People's Bathing and Washing Association, incorporated April 11, 1S49; passed June 18, 185376 Sess. 817.
An Act to amend an act, entitled " an act relative to Savings
Banks or Institutions for Savings in the city and county of New
York and the county of Kings" (passed April 15, 1853); passed
June 30, 1853 —76 Sess. 953.
An Act to confirm a certain conveyance heretofore made by
"The Minister, Elders and Deacons of the Reformed Dutch
Church, on the corner of Greene and Houston streets," in the
city of New York; passed June 30, 1853-76 Sess. 954.
An Act to amend an act, entitled " an act to regulate the




TITLES OF ACTS.                      155
compensation of the Assessors of the Street Department of the
city of New York," passed June 30, 1853-76 Sess. 972.
Enacts that the act of July 9, 1851, chap. 436, shall read as printed in this volume.
An Act to authorize the corporation of Second street Methodist Episcopal Church, in the city of New York, to hold certain
lands for the purpose of a Cemetery; passed July 8, 185376 Sess. 975.
An Act to amend an act, entitled " an act for the more effectual prevention of fires in the city of New  York, and to amend
the act heretofore passed for that purpose" (passed March 7,
1849; passed March 29, 1850); passed July 18, 1853-76 Sess.
1015.
Enacts that ~ 4 of chap. 120, Laws 1850, shall read as printed in this volume.
An Act to amend an act to incorporate the New York Juvenile Asylum (passed June 30, 1851); passed July 18, 1853-76
Sess. 1019.
Enacts that ~ 6 of chap. 332, Laws of 1851, shallread as printed in this volume.
An Act to incorporate the Trustees of the Fund for aged and
infirm  Clergymen of the Protestant Episcopal Church in the
diocese of New York; passed July 18, 1853-76 Sess. 1039.
An Act to amend the Charter of the Marine Society of the
city of New York in the State of New York; passed July 18,
1853-76 Sess. 1052.
Enacts that 15 members shall form a quorum at quarterly and special meetings, and
21 members at annual meetings.
An Act to enable the Supervisors of the city and county of
New York to raise Money by Tax; passed July 21, 1853-76
Sess. 1132.
An Act to amend the Charter of the Mexican Ocean Mail and
Inland Company; passed July 21, 1853-76 Sess. 1138.
An Act relative to the purchase and laying out of certain
lands for a Public Park in the Nineteenth Ward of the city of
New York, and the powers and duties of the Mayor, Aldermen
and Commonalty in relation thereto; passed July 21, 185376 Sess. 1167.
Repealed by Act of April 13, 1854-77 Sess. p. 471.
An Act to authorize the Grocers' Steam Sugar Refining Company of New York to borrow money; passed July 21, 185376 Sess. 1212.




156                   TITLES OF ACTS.
An Act to incorporate the Atlantic and Pacific Railroad Company; passed July 21, 1853-76 Sess. 1214.
An Act to Release the Interests of the People of this State
in certain Lands acquired by escheat on the death of James
Scrymgeora, late of the city of New York, to Elizabeth Scott
and Catharine Scrymgeora; passed July 21, 1853-76 Sess.
1221.
An Act for the relief of the Laight Street Baptist Church in
the city of New York; passed January 11, 1854-77 Sess. 8.
An Act to amend an act, entitled " an act to remove doubts
concerning the Corporation of the Chamber of Commerce, and
to confirm the rights and privileges thereof" (passed the 13th
day of April, 1784); passed January 25, 1854-77 Sess. 16.
Alters time of meeting to the first week in each month.
An Act to amend an act, entitled " an act to incorporate the
Mariners' Saving Institution in the city of New York;" passed
March 2, 185i —77 Sess. 96.
An Act to amend the Charter of the St. Luke's Hospital in
the city of New York; passed March 2, 1854-77 Sess. 100.
An Act for the relief of the New York and New Rochelle
Railroad Company; passed March 3, 1854-77 Sess. 102.
An Act relative to land on Harlem  Heights in the twelfth
Ward of the city of New York, formerly belonging to Susan
Barclay; passed March 14, 1854-77 Sess. 135.
An Act to amend the charter of the Protestant Episcopal
Church Missionary Society for Seamen in the city and port of
New York; passed March 21, 1854-77 Sess. 144.
An Act to amend the several acts in relation to the Association for the Exhibition of the Industry of all Nations, and to
declare the powers thereof; passed April 7, 1854-77 Sess. 368.
An Act to repeal an act, entitled an act relative to the purchase and laying out of certain lands for a public Park, in the
Nineteenth Ward of the city of New York, and the powers and
duties of the Mayor, Aldermen and Commonalty in relation
thereto (passed July 21, 1853); passed April 13, 1854-77
Sess. 471.
Repeals act mentioned in above title; passed July 21, 1853.
An Act to incorporate the American Geographical and Statistical Society; passed April 13, 1854-77 Sess. 498.




TITLES OF ACTS.                    357
An Act to incorporate The Merchants' and Publishers' Advertising Company of New York; passed April 15, 1854-77
Sess. 503.
An Act to incorporate the American Camel Company; passed
April 15, 1854-77 Sess. 514.
An Act to enable the Supervisors of the City and County of
New York to raise Money by Tax; passed April 15, 1854-77
Sess. 5S0.
An Act to incorporate the General Protestant Sunday School
Union and Church Book Society; passed April 15, 1854-77
Sess. 597.
An Act to incorporate the Atlantic and Pacific Canal Company; passed April 15, 1854-77 Sess. 601.
An Act to authorize a more speedy Trial and Termination of
a certain Suit pending against the People of this State and
Others; passed April 15, 1854-77 Sess. 606.
Authorizes attorney-general to call for trial, &c., at any time, a suit against Trinity
Church.
An Act to incorporate the Merchants' and Clerks' Library
Association of the city of New York; passed April 17, 185477 Sess. 729.
An Act further to amend the act relative to the New York
Dry Dock Company; passed April 17, 1854-77 Sess. 738.
An Act to enable the Common Council of the city of New
York to take Testimony in Matters referred for Investigation
or Inquiry; passed February 8, 1855-78 Sess. 24.
Repealed by the act of February 18, 1860.
An Act to incorporate the New Granada Canal and Steam
Navigation Company of New York; passed March 17, 185578 Sess. 102.
An Act to legalize the action of the Board of Supervisors of
the city and county of New  York; passed March 31, 185578 Sess. 200.
As to salary of Receiver of Taxes.
An act to amend "An Act to incorporate the Atlantic Mutual Insurance Company in the city of New York;" passed
March 31. 1855-78 Sess. 201.




158                   TITLES OF ACTS.
An Act to legalize the action of the Board of Supervisors of
the city and county of New York; passed March 31, 185578 Sess. 202.
As to salary of Police Justices.
An Act to enable the Supervisors of the city and county of
New York to raise money by Tax; passed April 3, 1855-78
Sess. 221.
An Act to change the name of the Metropolis Insurance
Company of the city of New York; passed April 3, 1855-78
Sess. 230.
Changes name to Ocean Insurance Company of the city of New York.
An Act to amend an act, entitled " An Act to amend an Act
to incorporate the Atlantic Mutual Insurance Company in the
city of New York (passed March 31, 1855); passed April 5,
1855-78 Sess. 238.
An Act in relation to Property and Money taken from Persons
arrested and accused of Crimes in the city of New York and
Brooklyn; passed April 9, 1855-78 Sess. 298.
An Act for the relief of Gilbert L. Dunton, of the city of New
York; passed April 10, 1855 —78 Sess. 383.
An Act to amend an Act, entitled " An Act to incorporate
the New York Academy of Music;" passed April 10, 185578 Sess. 453.
An Act to incorporate the Hebrew Female Benevolent Society of the Congregation Shearith Israel, in the city of New
York; passed April 10, 1855-78 Sess. 497.
An Act to amend an Act, entitled " An Act to provide for the
incorporation of Insurance Companies" (passed April 10, 1849);
passed April 10, 1855-78 Sess. 501.
An Act in relation to the appointment of the Police Court
Clerks, and Clerks of the District Courts in the city of New
York; passed April 10, 1855-78 Sess. 502.
Abrogated as to Police Court clerks by act of 1858, and as to clerks of District
Courts by chap. 484, Laws of 1862.
An Act to reduce the par value of the Shares of the old
Capital Stock of the New York and Harlem Railroad Company;
passed April 11, 1855-78 Sess. 511.
An Act to incorporate the Baptist Historical Society of the
city of New York; passed April 12, 1855-78 Sess. 515.




TITLES OF ACTS.                    159
An Act to amend the Act, entitled " An Act to incorporate
the Panama Railroad Company" (passed April 7, 1849); passed
April 12, 1855-78 Sess. 705.
An Act to enable the Schools of the Five Points House
of Industry and the Schools established by the Ladies' Home
Missionary Society to participate in the distribution of the
Common School Fund; passed April 12, 1S55-78 Sess. 761.
An Act to amend the Act, entitled " An Act to incorporate
the Mercantile Mutual Insurance Company" (passed April 12,
1842); passed April 13, 1S55-78 Sess. 7(8.
An Act to amend an Act, entitled "An Act to incorporate
the Gaslight Company of the city of New York" (passed March
26, 1823); passed April 13, 1S55-78 Sess. 776.
An Act for the relief of Ann Goodwin, of the city of New
York, widow of John Goodwin, late of the city of New York,
deceased; passed April 13, 1855-78 Sess. S25.
An Act to incorporate the Sandy Hook Pilots' Charitable
Fund; passed April 13, 1855-78 Sess. 837.
An Act to amend the Act, entitled " An Act to incorporate
the Protestant Episcopal Mutual Benefit Society (passed April
12, 1851), and to change the name of the said Society; passed
April 14, 1855-78 Sess. 897.
Name changed to Protestant Episcopal Brotherhood of New York.
An Act in relation to the First Division and Fifth Brigade
of the New York State Militia; passed April 14, 1855-78 Sess.
980.
Repealed by chap. 477, Laws of 1862.
An Act to increase the Capital Stock of the Manhattan Gas
Light Company of the city of New York; passed April 17,
1855-78 Sess. 1038.
An Act to incorporate the Metropolitan Gas Light Company
of the city of New York; passed April 17, 1855-78 Sess. 1039.
An Act to incorporate the Trustees of the American Woman's
Educational Association; passed April 19, 1855-78 Sess. 1069.
An Act to incorporate the Trustees of a Consumption Hospital; passed April 19, 1855-78 Sess. 1080.




160                   TITLES OF ACTS.
An Act for the Relief of St. Luke's Hospital in the city of
New York; passed February 7, 1856-79 Sess. 15.
Exempts property from taxation.
An Act to amend an Act, entitled " An Act to incorporate
the Pacific Mail Steamship Company" (passed April 12, 1848);
passed February 14, 1856-79 Sess. 18.
An Act further to amend an Act, entitled " An Act to amend'An Act for the more effectual prevention of fires in the city of
New York,' passed March 7, 1849" (passed March 29, 1850);
passed February 19, 1856 —79 Sess. 21.
An Act to empower the Congregation B'nai Jeshurun, of the
city of New York, to change the number of their Trustees, and
to alter and protect their Cemetery; passed March 12, 185679 Sess. 35.
An Act to incorporate the New York Ladies' Home Missionary Society of the Methodist Episcopal Church; passed March
20, 1856-79 Sess. 41.
An Act to renew the charter of the College of Pharmacy of
the city of New York; passed March 20, 1856-79 Sess. 42.
An Act to incorporate the Board of Publication of the Reformed Protestant Dutch Church; passed March 28, 1856-79
Sess. 81.
An Act to incorporate the New  York  and Philadelphia
Steam Navigation Company; passed March 29, 1856 —79 Sess.
86.
An Act to authorize and empower the Trustees of the " Hamlin University of Minnesota" to sell their real estate lying in the
city of New York; passed April 1, 1856-79 Sess. 106.
An Act to renew and amend an act, entitled " An Act relative to the General Society of Mechanics and Tradesmen of the
city of New York;" passed April 1, 1856 —79 Sess. 114.
An Act for the payment of expenses under the Act for the
preservation of the Harbor of New York from encroachments,
passed March 30, 1855, and to limit the expenses and duration
of the commission created by said act; passed April 1, 185679 Sess. 122.
An Act to extend the charter of the North-western Insurance
Company; passed April 5, 1856-79 Sess. 150.




TITLES OF ACTS.                    161
An Act to release to Anna C. Brunges the interest of the
State of New York to certain real estate in the city of New York;
passed April 7, 1856-79 Sess. 156.
Corner of Water street and Peck slip.
An Act for the incorporation of the Yorkville Library in the
city of New York; passed April 12, 1856-79 Sess. 268.
An Act to enable the Supervisors of the city and county of
New York to raise money by tax; passed April 12, 1856-79
Sess. 271.
An Act to exempt the library edifice and site of the New
York Historical Society from sale under execution; passed April
12, 15G-79 Sess. 313.
An Act to provide against unsafe buildings in the city of New
York; passed April 14, fS56-79 Sess. 314.
An Act to amend an act, entitled "An Act for the payment
of expenses, under the act for the preservation of the Harbor of
New York from encroachments,' passed March 30, 1855, and to
limit the expenses and duration of commission created by said
act, passed April 1, 1856; passed January 13, 1857-80 Sess.
vol. 1, 5.
An Act giving the consent of the State of New York to the
purchase, by the United States, of certain property in this
State; passed February 7, 1857 —80 Sess. vol. 1, 29.
Assay office in Wall and Pine streets.
An Act in relation to Marine Mutual Insurance Companies
incorporated  under special charters or under general laws;
passed February 16, 1857-80 Sess. vol. 1, 44.
An Act to enable Peter Cooper to found a Scientific Institution in the city of New York; passed February 17, 1857-80
Sess. vol. 1, 49.
Amended April 13, 1859, to read as printed in this volume.
An Act in relation to the salaries of the officers of the Croton
Aqueduct Board of the city of New York; passed February 17,
1857-S0 Sess. vol. 1, 62.
An Act to amend the charter of the Orphans' Iome of the
Protestant Episcopal Church, in the city of New York; passed
February 19, 1857-80 Sess. vol. 1, 68.
An Act to change the name of the Bleecker street Pres11




162                    TITLES OF ACTS.
byterian church of the city of New York; passed February 19,
1857  80 Sess. vol. 1, 70.
Name changed to Fourth Avenue Presbyterian Church.
An Act to enlarge the power of the American and Foreign
Bible Society to hold real estate; passed February 19, 185780 Sess. vol. 1, 72.
An Act to enable the Supervisors of the city and county of
New York to raise money by tax; passed March 5, 1857-80
Sess. vol. 1, 157.
An Act to amend the charter of the Nursery for the Children
of Poor Women, and to enable that institution to hold real
estate; passed March 6, 1857-80 Sess. vol. 1, 171.
Name changed to " The Nursery and Child's Hospital."
An Act to incorporate the Century Association; passed
March 7, 1857-80 Sess. vol. 1, 184.
An Act to legalize certain action of the Board of Supervisors
in the city and county of New York; passed March 10, 1857
-80 Sess. vol. 1, 197.
Extra salary of Clerks of. Police Courts.
An Act to enable the Staten Island Railroad Company to
have, own and run ferry boats, and so forth; passed March 17,
1857 —80 Sess. vol. 1, 220.
An Act to incorporate the Turnverein in the city of New
York; passed March 20, 1857-S0 Sess. vol. 1, 280.
An Act to amend the act, entitled " An act to enable Peter
Cooper to found a scientific institution in the city of New
York" (passed February 17, 1857); passed March 21, 185780 Sess. vol. 1, 343.
Amended April 13, 1859, to read as printed in this volume.
An Act to incorporate the Metropolitan Medical College of
the city of New York; passed March 28, 1857-80 Sess. vol.
1, 443.
An Act to amend the charter of the La Farge Fire Insurance Company in the city of New York; passed March 31,
1857-80 Sess. vol. 1, 448.
An Act to amend the articles of incorporation of the Market
Fire Insurance Company in the city of New  York; passed
Auril 1, 1857-80 Sess. vol. 1, 489.




TITLES OF ACTS.                   163
An Act to release the interest of the State to certain lands,
of which Hugh Byrne died possessed, to Daniel Byrne, James
Byrne, and William  Byrne, his brothers, Mary Brennan, his
sister, and wife of Charles Brennan; passed April 2, 1857-80
Sess. vol. 1, 490.
An Act to change the corporate name of "The Broadway
Baptist Church," in the city of New York, to "Calvary Baptist
Church," and to increase the number of its trustees; passed
April 3, 1857-80 Sess. vol. 1, 499.
An Act to amend the charter of the New York and Erie
Railroad Company; passed April 6, 1857-80 Sess. vol. 1, 544.
An Act for the incorporation of the New York College of
Veterinary Surgeons; passed April 6, 1857-80 Sess. vol. 1,
555.
An Act ill relation to the Society for the Relief of Destitute
Children of Seamen; passed April 7, 1857-80 Sess. vol. 1,
605.
An Act to incorporate the "New York Warehousing Company,;" passed April 8, 1857-80 Sess. vol. 1, 662.
An Act for the incorporation of the Atlantic Navigation Company; passed April 10, 1S57-80 Sess. vol. 1, 675.
An Act to legalize certain action of the Board of Supervisors
in the city and county of New York; passed April 13, 185780 Sess. vol. 1, 732.
As to appointment of clerk by Receiver of Taxes.
An Act in regard to the incorporation known as the Sisters
of Charity of St. Vincent de Paul, and to extend the powers and
purposes thereof; passed April 13, 1857-80 Sess. vol. 1, 743.
An Act to regulate the use of Slips and Wharves of the city
of New York, between piers numbers two and ten, East River;
passed April 13, 1857 —80 Sess. vol. 1, 762.
Repealed by chap. 487, Laws of 1862.
An Act to release the interest of the State of New York in
certain lands taken for the Central Park, in the city of New
York, of which John Carter died seized, and the award made
of the same to Hannah S. Carter, his widow; passed April 13,
1857-S0 Sess. vol. 1, 772.
An Act to provide payment for certain articles furnished and




164                    TITLES OF ACTS.
services performed for the city of New York, and to legalize the
action of the Board of Supervisors of the city and county of
New  York, relative thereto; passed April 14, 1857-80 Sess.
vol. 1, 806.
Pill of McSpedon & Baker.
An Act to incorporate the Provident Fund Society, of the
city of New York; passed April 14,1857 —80 Sess., vol. 1, 829.
An Act to incorporate the Pacific Dock Company; passed
April 14, 1857-80 Sess. vol. 1, 830.
An Act granting Andrew B. Hodges the right of establishing
a ferry from Crane Neck farm, in the town of Brookhaven, in the
county of Suffolk; passed April 14, 1857-80 Sess. vol. 1, 835.
An Act to amend the charter of the Republic Fire Insurance
Company; passed April 14, 1857-S0 Sess. vol. 1, 843.
An Act to amend the charter of the American Institute in the
city of New York; passed April 14, 1857-S0 Sess. vol. 1, 851.
An Act to continue and extend the charter of the National
Academy of Design in the city of New York; passed April 14,
1857-80 Sess. vol. 1, 873.
An Act to incorporate the Harlem  River and New York Suspension Bridge Company; passed April 14, 1857-80 Sess. vol.
1, 906.
To be void, if bridge not finished in four years from date.
An Act to amend an act, entitled " An act to incorporate the
New  York Mutual Insurance Company" (passed April 12,
1842); passed April 15, 1857 —80 Sess. vol. 1, 912.
An Act to legalize the action of the Board of Supervisors of
the city and county of New York, providing payment for certain surveying and mapping performed for said city and county;
passed April 15, 1857-80 Sess. vol. 2, 8.
Bill of S. E. Holmes.
An Act for the relief of Margaret S. Sankston and others 
passed April 15, 1857-80 Sess. vol. 2, 28.
Releases interest of State in property in Perry and Bleecker streets.
An Act to incorporate the New York Towing and Wrecking
Company; passed April 15, 1857-80 Sess. vol. 2, 75.
An Act to incorporate the New York Hygieo-Therapeutic
College; passed April 15, 1557-80 Sess. vol. 2, 80.




TITLES OF ACTS.                   165
An Act to establish a Metropolitan Police District, and to
provide for the government thereof; passed April 15, 1857-80
Sess. vol. 2, 200.
Amended April 10, 1860, to read as printed in this volume.
An Act to authorize the sale of the state arsenals in New York
and Albany, to provide for the purchase of the New York arsenal property in New York, by the city of New York, and for the
appropriation of the proceeds of such sales; passed April 15,
1857-80 Sess. vol. 2, 415.
An Act for the incorporation of the New York Harmonic Society; passed April- 16, 1857-80 Sess. vol. 2, 450.
An Act to amend the constitution of the Jews' Hospital, in
New York; passed April 16, 1857-80 Sess. vol. 2, 455.
An Act to enable the supervisors of the city and county of
New York to raise money by tax; passed April 16, 1857-80
Sess. vol. 2, 485.
An Act in relation to assessments in the city of New York,
and to amend the several acts in relation thereto; passed April
16, 1857 — 0 Sess. vol. 2, 497.
Repealed by chap. 302, Laws of 1859.
An Act for the incorporation of the Excelsior College in the
city of New York; passed April 16, 1857-80 Sess. vol. 2, 507.
An Act authorizing the Surrogate of the county of New York
to pay certain moneys to Henrietta Grebenstein; passed April
17, 1857- 80 Sess. yol. 2, 523.
An Act to provide for the appointment of a Commission to
secure the more perfect establishment, government, regulation
and economy of Common Schools in the city of New York;
passed April 17, 1857-80 Sess. vol. 2, 528.
An Act giving the consent of the State of New York to the
purchase, by the United States, of land in the city of New York;
passed April 17, 1857-80 Sess. vol. 2, 637.
An Act to amend the charter of the Fulton Fire Insurance
Company; passed April 17, 1857-80 Sess. vol. 2, 658.
An Act authorizing the Mayor, Aldermen, and Commonalty
of the city of New  York to erect a new city hall in said city;
to raise money by loan for that purpose; and to appoint com



166                  TITLES OF ACTS.
missioners for that purpose; passed April 17, 1857-80 Sess.
vol. 2, 712.
Repealed April 17,1858.
An Act to legalize the action of the Board of Supervisors of
the city and county of New York in relation to the painting
and graining of the rooms of the Superior Court; passed April
17, 1857-80 Sess. vol. 2, 730.
An Act to incorporate the New York Harbor Steam Towboat Company; passed April 18, 1857-80 Sess. vol. 2, 752.
An Act to found a State Woman's Hospital; passed April
18, 1857-80 Sess. vol. 2, 767.
An Act to amend the charter of the Orphans' Home of the
Protestant Episcopal Church in the city of New York; passed
March 6, 1858-81 Sess. 38.
An Act in relation to the New York Dispensary, the Northern
Dispensary, the Eastern Dispensary, the Demilt Dispensary, and
the North-western Dispensary of the city of New York; passed
March 6, 1858-81 Sess. 51.
An Act to incorporate the New York Law College; passed
March 30, 1858-81 Sess. 125.
An Act to incorporate the American College of Medical
Science; passed April 2, 1858-81 Sess. 177.
An Act to amend the charter of the Sun Mutual Insurance
Company, located in the city of New York; passed April 7,
1858-81 Sess. 212.
An Act to amend an act, entitled " An act to found a State
Woman's Hospital" (passed April 18, 1857); passed April 7,
1858-81 Sess. 224.
An Act to incorporate the New York Pure Milk Company 
passed April 12, 1858 —81 Sess. 277.
An Act for the relief of the members of the Common Council
and Board of Supervisors of the city and county of New York,
for the year 1857; passed April 12, 1858-81 Sess. 280.
An Act to legalize certain actions of the Board of Supervisors
of the city and county of New York, in relation to the payment
of moneys to David A. Fowler; passed April 12, 1858-81
Sess. 287.




TITLES OF ACTS.                    167
An Act to amend the Charter of the Excelsior Medical College of the city of New York; passed April 13, 1858-81 Sess.
281.
An Act to release to Theresa Bolton the interest of the State
of New York to certain real estate in the city of New York;
passed April 13, 1858 —81 Sess. 298.
Forty-second street, west of Eighth avenue.
An Act for the relief of the heirs of James McGaffagan,
deceased; passed April 13, 1858-81 Sess. 300.
An Act to continue the Commission appointed to secure the
more perfect establishment, government, regulation, and economy of Common Schools in the city of New York; passed April
14, 1858-81 Sess. 318.
An Act to amend " An Act to establish regulations for the
Port of New  York" (passed April 16, 1857); passed April
18, 1858-81 Sess. 363.
Sections 1 to 8 amend Act to read as printed in this volume. Section 9 repealed by
chap. 428, Laws of 1862.
An Act relating to the Missionary Society of the Methodist
Episcopal Church, and to amend the Charter thereof; passed
April 15, 1858 —1 Sess. 366.
An Act to amend an act, entitled " An act to incorporate the
Provident Fund Society of the city of New  York" (passed
April 14, 1857); passed April 15, 185 —81 Sess. 371.
An Act to incorporate the Great South Bay Steam  Navigation Company; passed April 15, 1858 —81 Sess. 387.
An Act for the payment of the Croton Aqueduct Department of the city of New York, for water supplied to Sing Sing
State Prison; passed April 15, 1858-S1 Sess. 395.
An Act to legalize the resolution passed by the Board of Supervisors of the county of New York, October 19, 1857, directing the Comptroller to draw his warrant in favor of Edward
Timpson  and Henry Schnoor; passed  April'15, 1858-81
Sess. 404.
An Act to incorporate the Youatt Lyceum  of New York;
passed April 16, 1858-81 Sess. 434.
An Act to incorporate the New York Pneumatic Power Company; passed April 16, 1858-81 Sess. 435.




168                    TITLES OF ACTS.
An Act to incorporate the Central America Commercial and
Industrial Company; passed April 16, 1858-81 Sess. 456.
An Act to declare the legality of the use of certain floating
docks for the purpose of the repair, coppering, or finishing, of
ships and vessels; passed April 17, 1858-81 Sess. 466.
An Act to incorporate the People's Loan and Relief Company of the city of New York; passed April 17, 1858 —    1 Sess.
466.
An Act to authorize the Board of Supervisors of the city and
county of New York to audit and allow certain claims against
said city and county; passed April 17, 1858-51 Sess. 471.
Claims for taking care of Police Station-houses in 1857.
An Act to incorporate the Income Insurance Company in the
city of New York, and to authorize an Accumulating Fund;
passed April 17, 1858-S1 Sess. 4S4.
An Act to enable the Supervisors of the city and county of
New York, to raise money by Tax; passed April 17, 1858-81
Sess. 487.
An Act to amend the charter of the HIarmony Fire Insurance
Company of New  York; passed April 17, 1858-1  Sess.
502.
An Act to amend an act, entitled " An act in relation to moneys levied by law, on Mlasters, 3Mates, Mariners, and Seamen,
arriving at the city and port of New York, and the disposal of
the same by the Trustees of the Seamen's Fund and Retreat"
(passed April 7, 1854); passed April 17, 1858 —81 Sess. 529.
Incorporated in act amended.
An Act to authorize the Mayor, Aldermen, and Commonalty
of the city of New York, to convey certain lots of ground to
the New York State Woman's Hospital; passed April 17, 1858
-81 Sess. 530.
Fourth avenue, Forty-ninth street, Lexington avenue and Fiftieth street.
An Act to amend an act, entitled " An act to extend the jurisdiction of the courts of General and Special Sessions of the
Peace, in and for the city and county of New York" (passed
April 12, 1855); passed April 17, 1858-81 Sess. 556.
An Act to incorporate the Neversink Steamboat Company;
passed April 17, 1858-81 Sess. 580.




TITLES OF ACTS.                      169
An Act to amend an act, entitled "An act for the prevention of masquerades" (passed April 25, 1829); passed April
19, 1858 —S  Sess. 627.
Incorporated in act amended.
An Act to release the interest of the people of this State to
certain real estate in the city of New York, of which Richard
E. Alcock died seised; passed March 11, 1859-82 Sess. 506.
Five lots in Twelfth Ward.
An Act for the relief of Jemima Webb; passed March 25,
1859-S2 Sess. 130.
Releases interest of State in property in Ninetieth street.
An Act to legalize certain action of the Common Council' of
the city and county of New York; passed April 5, 1859-82
Sess. 330.
Confirms lease of property in Thirty-eighth and Forty-ninth streets, etc., to the Orphans' Home for twenty years, at $1 per annum.
An Act to amend the charter of the Irving Fire Insurance
Company; passed April 5, 1859 —2 Sess. 342.
An Act to incorporate the Kane Monument Association in
the city of New York; passed April 5, 1859-82 Sess. 349.
An Act to amend the charter of the East River Insurance
Company; passed April 8, 1859-82 Sess. 420.
An Act to continue and extend an act, entitled " An act to authorize the sale of the State Arsenals in New York and Albany,
to provide for the purchase of the New York Arsenal property
in New York, by the city of New York, and for the appropriation of the proceeds of such sales" (passed April 15, 1857), and
to make  certain appropriations;  passed April 9, 1859-82
Sess. 461.
An Act to release the interest of the people of this State to
certain real estate in the city of New York, of which Richard
E. Alcock died seised; passed April 9, 1859-82 Sess. 474.
An Act to amend an act, entitled " An act to provide against
unsafe buildings in the city of New York" (passed April 14,
1856); passed April 9, 1859-82 Sess. 484.
Repealed by Laws of 1860 and 1862.
An Act to amend the charter of the Sun Mutual Insurance
Company of New York; passed April 11, 1859 — S2 Sess. 489.




170                    TITLES OF ACTS.
An Act to consolidate the several acts relating to the Missionary Society of the Methodist Episcopal Church into one
act, and to amend the same; passed April 11, 1859-82 Sess.
490.
An Act to incorporate the Woman's Library of the city of
New York; passed April 11, 1S59-S2 Sess. 501.
An Act to amend the charter and change the name of the
Central America Commercial and Industrial Company (passed
April 16, 1858); passed April 12, 1859 —85 Sess. 532.
Name changed to " Commercial and Industrial Company of North America."
An Act granting and releasing all the right, title, and interest
of the people of the State of New York, in and to the messuage
lot of ground and premises in the First Ward of the city of
New York to the Reverend Robert Arnold and Catharine, his
wife, and others; passed April 12, 1859-82 Sess. 553.
No. 6 Greenwich street.
An Act to incorporate the New York Preparatory School of
Medicine; passed April 13, 1S59 —S2 Sess. 5S5.
An Act to amend the charter of the Arctic Fire Insurance
Company; passed April 13, 1S59-S2 Sess. 589.
An Act in relation to the New York Institution for the Blind;
passed April 13, 1859-82 Sess. 629.
An Act to incorporate the New York Astronomical Observatory; passed April 14, 1859-S2 Sess. S02.
An Act to continue and amend the several acts incorporating
the Orphan Asylum Society, in the city of New York; passed
April 15, 18.59-82 Sess. 885.
An Act to authorize the American Express Company to dispose of certain real estate; passed April 15, 1859-82 Sess.
889.
Duane and Hudson streets.
An Act to incorporate St. Joseph's Asylum, in the city of
New York; passed April 15, 1859-82 Sess. 893.
An Act in relation to the New York Protestant Episcopal public school; passed April 16, 1S59-82 Sess. 920.
An Act to repeal the charter of the People's Loan and Relief




TITLES OF ACTS.                    171
Company, of the city of New York (passed April 17, 1S58);
passed April 16, 1859-82 Sess. 936.
An Act to incorporate the Abyssinian Baptist Church of the
city of New York; passed April 16, 1859 —82 Sess. 954.
An Act to amend the articles of incorporation of the Market
Fire Insurance Company of the city of New  York; passed
April 18, 1859-S82 Sess. 1025.
An Act to incorporate the South Pacific American Mail
Steamship Company; passed April 19, 1859-82 Sess. 1116.
An Act to incorporate the Atlantic and Pacific Steamship
Company; passed April 19, 1859-82 Sess. 1120.
An Act to enable the Supervisors of the city and county of
New York to raise money by tax; passed April 19, 1S59-S2
Sess. 1123.
An Act to increase the number of Directors of" The Harlem
Gas Light Company," of the city of New York; passed April
19, 1859-82 Sess. 1132.
An Act to amend the charter and change the name of the
Ocean Insurance Company; passed April 19, 1859-S2 Sess.
1157.
Name changed to "Anchor Insurance Company."
An Act for the relief of the infant children of Sarah A. Boreel;
passed February 11, 1860-83 Sess. 31.
An Act releasing all the right, title and interest of the people
of the State of New York to and in certain lands situated in the
Twelfth Ward of the city of New York, conveyed to Daniel Lord,
of said city, counsellor at law, upon sales in certain actions of
foreclosure, instituted by James Watt, junior; passed February
27, 1S60-83 Sess. 54.
An Act to incorporate " The Athenaeum Association," in the
city of New York; passed March 2, 1860-83 Sess. 59.
An Act for the relief of " The Corporation for the relief of
Widows and Children of Clergymen of the Protestant Episcopal
Church in the State of New York;" passed March 17, 186083 Sess. 121.
An Act to incorporate the " German Liederkranz," of the
city of New York; passed March 24, 1860-83 Sess. 184.




172                    TITLES OF ACTS.
An Act to amend the charter of the College of Physicians and
Surgeons, in the city of New York; passed March 24, 186083 Sess. 188.
An Act to confirm and make valid and effectual certain ordinances of the Common Council of the city of New York; passed
}March 30, 1860-83 Sess. 199.
Ordinances for regulating, &c., Fifty-ninth street, Fifty-first street, and'QThird avenue,
in 1856.
An Act to confirm  and make valid and effectual a certain
ordinance of the Common Council of the city of New York;
passed March 30, 1860-S3 Sess. 200.
Ordinance for regulating Fifty-fourth street, iI 1856.
An Act to amend an act, entitled " An act to incorporate the
Youatt Lyceum, of New York " (passed April 16, 1858); passed
March 31, 1860-83 Sess. 226.
An Act relating to the foreclosure and sale of the New York
and Erie Railroad; passed April 4, 1860-83 Sess. 253.
An Act for the relief of Peter Murray; passed April 4, 1860
-83 Sess. 259.
Releases interest of State in property in Thirty-second street.
An Act to incorporate the Board of Foreign Missions of the
Reformed Protestant Dutch Church; passed April 7, 1860-83
Sess. 346.
An Act to amend the charter of the Lorillard Fire Insurance
Company of the city of New York; passed April 10, 1860 —S3
Sess. 403.
An Act to amend the articles of incorporation of the Washington Insurance Company of the city of New York; passed
April 10, 1860 —83 Sess. 414.
An Act to incorporate the Rose Beneficent Association of the
city of New York; passed April 11, 1860-83 Sess. 462.
An Act to incorporate the Long Island Steamboat Company;
passed April 11, 1860-83 Sess. 463.
An Act to amend " An act to empower the Congregation
B'Nai Jeshurun of the city of New York to change the number
of their trustees, and to alter and protect their cemetery"
(passed March 12, 1856); passed April 11, 1860-83 Sess. 488.




TITLES OF ACTS.                    173
An Act to confirm the title of certain real estate belonging
to the General Society of Mechanics and Tradesmen of the city
of New York; passed April 12, 1860-83 Sess. 526.
An Act to extend the term of office of constables in the city
of New York from one to two years; passed April 12, 186083 Sess. 539.
Repealed by chap. 4S4, Laws of 1862.
An Act supplementary to the act, entitled " An act to incorporate the Hebrew Benevolent Society of the city of New York"
(passed February 2, 1832); passed April 12, 1S60-S3 Sess. 539.
An Act to incorporate "The Homceopathic MAedical College
of the State of New York, in New York city;" passed April 12
1860-83 Sess. 560.
An Act for the incorporation of the Dyckman Library of the
city of New York; passed April 12, 1860 —83 Sess. 562.
An Act to incorporate the South-western Mining and Land
Company; passed April 12, 1860 —3 Sess. 580.
An Act to incorporate the Transit Life Insurance Company;
passed April 13, 1860-S3 Sess. 628.
An Act for the release of certain lands, of which John McCall
died seised, to Rebecca McCall, his widow; passed April 13,
18608-3 Sess. 632.
An Act to incorporate the Orange County Milk Association;
passed April 14, 1860 —3 Sess. 634.
An Act to amend an act, entitled " An act to incorporate an
association for the relief of respectable, aged, indigent females
in the city of NewYork" (passed March 10, 1815, and continued
in force by the acts of April 20, 1830, and April 7, 1859);
passed April 14, 1860-83 Sess. 650.
An Act to amend chapter 432 of the Laws of 1847, entitled
" An act in relation to the fees and compensation of certain
public officers in the city and county of New York;" passed
April 14, 1860-83 Sess. 703.
Amended so as to read as printed in this volume.
An Act to alter and amend the charter of the Homestead Fire
Insurance Company of the city of New York; passed April 14,
1860-83 Sess. 658.




174                    TITLES OF ACTS.
An Act relative to the Harbor Masters of the Port of New
York, and defining their powers and duties, and for the better
protection of the Harbor of New York city; passed April 16,
IS60-S3 Sess. 756.
Repealed by chapter 487, Laws of 1862.
An Act to incorporate, in the city of New York, the Coast
Wrecking Company; passed April 16, 1860-83 Sess. 758.
An Act to confirm and legalize certain acts of the Common
Council of the city of New York; passed April 16, 1860-83
Sess. 770.
Regulating and grading Fourth avenue.
An Act to amend the Charter of the Iope Fire Insurance
Company, in the city of New York; passed April 16, 1860 —83
Sess. 782.
An Act to provide against unsafe buildings in the city of
New York; passed April 17, 1860-S3 Sess. 905.
Repealed by chapter 356, Laws of 1852.
An Act to incorporate the Down-Town Association, in the
city of New York; passed April 17, 1S60-S3 Sess. 948.
An Act to incorporate the " Hermitage Association," in the
city of New York; passed April 17, 1860-83 Sess. 949.
An Act to incorporate the Harlem Stage and Ferry Company, of the city of New York; passed April 17, 1860-83
Sess. 950.
An Act to incorporate the New York City Library Association; passed April 17, 1S60-S3 Sess. 955.
An Act relative to Lands devised by John Tonnele, deceased;
passed April 17, 1860-83 Sess. 987.
An Act to incorporate the Steuben Monument Association;
passed April 17, 1860-S3 Sess. 996.
An Act to incorporate the New York Saddle-Horse Club;
passed April 17, 1860-S3 Sess. 1001.
An Act to enable the Supervisors of the county of New York
to raise money by tax for city purposes, and to regulate the
expenditure thereof, and authorizing the Board of Supervisors
of the county of New York to levy a tax for county purposes,
and to regulate the expenditure thereof; and also to borrow




TITLES OF ACTS.                     175
money in anticipation of the collection of the said tax, and to
issue " county revenue bonds" therefor; passed April 17, 1860
-80 Sess. 1017.
An Act to amend Chapter four hundred and thirty-two of the
Laws of eighteen hundred and forty-seven, entitled " An Act
in relation to the fees and compensation of certain public officers in the city and county of New York;" passed February 13,
1861-84 Sess. 20.
Incorporated in act amended.
An Act to incorporate the Veterans of the National Guard,
Seventh Regiment, First Division, New  York State Militia;
passed March 11, 1861-84 Sess. 64.
An Act to incorporate the Eclectic Association in the city of
New York; passed March 33, 1861 —84 Sess. 67.
An Act to incorporate the Veteran Scott Life Guard; passed
March 26, 1861 —84 Sess. 128.
An Act for the relief of Mlaria Murphy, and the heirs of
Francis Kerrigan, deceased; passed March 27, 1861-84 Sess.
165.
Releases interest of State in property in Forty-sixth and Oliver streets.
An Act to amend an act, entitled " An act to incorporate
the Society for the Education of Poor Children and the relief of
indigent persons of the Jewish persuasion " (passed April 11,
1831); passed March 27, 1861-84 Sess. 167.
An Act to amend the charter of the Great Western Insurance
Company; passed March 27, 1861-84 Sess. 169.
An Act giving the consent of the State of New York to the
purchase, by the United States, of land in the city of New York
for the purpose of a Post-office; passed April 2, 1861 —84 Sesi.
212.
An Act in addition to an act relating to the foreclosure and
sale of the New York and Erie Railroad (passed April 4, 1860);
passed April 2, 1861-84 Sess. 213.
An Act to incorporate the Bellevue Hospital MIedical College
of the city of New York, of the State of New York; passed
April 3, 1861 —84 Sess. 248.
An Act to amend an act, entitled "An act to incorporate the




176                   TITLES OF ACTS.
New York Corn Exchange" (passed April 2, 1853); passed
April 6, 1861-84 Sess. 263.
An Act to incorporate the Loaners' Association in the city of
New York; passed April 10, 1861-84 Sess. 458.
An Act to incorporate the Artists' Fund Society of the city
of New York; passed April 13, 1861-84 Sess. 482.
An Act to incorporate the American Church Missionary
Society; passed April 13, 1861-84 Sess. 483.
An Act to incorporate the German Hospital in the city of
New York; passed April 13, 1861-84 Sess. 493.
An Act to incorporate the New York Volunteers' Burial and
Monument Association; passed April 13, 1861-84 Sess. 550.
An Act authorizing the Board of Supervisors of the county of
New York to levy a tax for various purposes, and to regulate
the expenditure thereof; and also to borrow money in anticipation of the collection of the taxes for the year 1861, and to
issue "county bonds" therefor; passed April 15, 1861 — 4
Sess. 564.
An Act to confirm and legalize a certain contract made with
John Slatery, for regulating and grading Eightieth street, in the
city of New York; passed April 15, 1861-84 Sess. 569.
An Act to establish a Nautical School in the harbor of the
city of New York; passed April 15, 1861-84 Sess. 578.
An Act to incorporate a company for the safe keeping and
delivery of valuable packages and property, by means of fire
and burglar-proof safes, to be located in the city of New York;
passed April 15, 1861-84 Sess. 580.
An Act to enable the Supervisors of the county of New York
to raise money by tax, to defray the expenses, in part, of the
support of the government of the city of New York and to
regulate the salaries and expenditure thereof; also, to provide
for deficiencies caused by erroneous assessments and non-collection of taxes; passed April 17, 1861-84 Sess. 666.
An Act in aid of the New York Juvenile Asylum; passed
April 17, 1861-84 Sess. 703.
An Act for the relief of George Fredericks, of the city of New
York; passed April 22, 1861-84 Sess. 770.




TITLES OF ACTS.                      177
An Act to amend the Charter of the Republic Fire Insurance
Company; passed March 8, 1862-85 Sess. 90.
An Act to amend an act, entitled " An act to amend an act,
entitled An act for the better regulation of the firemen in the
city of New  York (passed March 2d, 1861); passed March 22,
1862-85 Sess. 140.
Amends 3d section of the act named, to read as printed in this volume.
An Act concerning the Erie Railway  Company; passed
March 28, 1862-S5 Sess. 208.
An Act to amend the Charter of the 2Etna Fire Insurance
Company of New York; passed Mlarch 28, 1862-85 Sess. 212.
An Act to amend an act, entitled " An Act to incorporate
the Hermitage Association in the city of New York" (passed
April 17th, 1860); passed March 28, 1862 —85 Sess. 232.
An Act for the relief of Louis Gabriel Jeanrenaud and Sophie
Adele Jeanrenaud; passed April 2, 1862-85 Sess. 268.
Releases interest of State in property in city of New York, devised to them by their
brother, Auguste Jeanrenaud.
An Act to amend the charter of the Knickerbocker Life Insurance Company; passed April 2, 1862-85 Sess. 277.
An Act in relation to the dividends of the Mutual Life Insurance Company of New  York; passed April 2, 1862-85
Sess. 287.
An Act to repeal certain sections of chapter two hundred
and thirty of the Laws of 1843; passed April 8, 1862-85
Sess. 319.
Repeals ~~ 13, 19, 20 and 21 of Article 2d of act referred to, which relates to
Taxes.
An Act to incorporate the Board of Foreign Missions of the
Presbyterian Church of the United States of America; passed
April 12, 1862 —85 Sess. 359.
An Act to repeal an act, entitled " An act to incorporate the
Mietropolitan Medical College of the city of New York" (passed
March 28, 1S57); passed April 12, 1S62-85 Sess. 364.
An Act to release the interest which the State of New York
may have acquired to the real estate of which Joseph Laville
died seised, to his widow, Catherine Laville; passed April 14,
1862-85 Sess. 410.
Premises No. 75, formerly No. 83, Leonard street.
12




178                   TITLES OF ACTS.
An Act granting and releasing all the right, title and interest
of the people of the State of New York, in and to a messuage
lot of land in the Nineteenth Ward of the city of New York, to
Augusta Theresa Arnold and Mary Ulrich; passed April 14,
1862 —85 Sess. 414.
Property in Fifty-sixth street.
An Act to enable the Schools of the Children's Aid Society
to participate in the distribution of the Common School Fund;
passed April 17, 1862-85 Sess. 455.
An Act to amend the charter of the Excelsior Fire Insurance
Company in the city of New York; passed April 17, IS6285 Sess. 464.
An Act to amend chapter 505 of the Laws of 1860; passed
April 17, 1862-85 Sess. 466.
Relates to Police Courts, and amends act referred to, to read as printed in this volume.
An Act to amend an act, entitled " An act to incorporate the
New  York College of Veterinary Surgeons (passed April 6,
1857); passed April 19, 1862-85 Sess. 558.
An Act to incorporate the Exchange Company of New
York; passed April 19, 1862 —85 Sess. 570.
An Act to incorporate the American Missionary Association;
passed April 19, 1862-85 Sess. 601.
An Act to incorporate the New York Commercial Association; passed April 19, 1862-85 Sess. 603.
An Act to amend the charter of the Guardian Life Insurance
Company of New York; passed April 19, 1862-85 Sess. 622.
An Act to confirm the contract, made by the Street Commissioner of the city of New York with Michael Tracy, for doing
certain work in Fifty-sixth street, between Broadway and Sixth
avenue; passed April 21, 1862-85 Sess. 716.
An Act to amend " An act to incorporate the Harlem Stage
and Ferry Company of the city of New  York" (passed April
17, 1860); passed April 21, 1862-85 Sess. 726.
An Act incorporating a permanent Library Association for
Masonic and kindred works in the city of New York; passed
April 21, 1862-85 Sess. 732.
An Act to authorize the issue of bonds by the President and




TITLES OF ACTS.                    179
Trustees of the American Guano Company of the city of New
York, and the execution by them, as security for the same, of a
first mortgage on their property, real and personal, on Jarvis'
Island, and Baker's Island, in the Pacific ocean; passed April
21, 1862-85 Sess. 738.
An Act to confirm and make valid a certain ordinance of the
Common Council of the city of New York, passed November
27, 1855; passed April 21, 1862 —85 Sess. 740.
Filling of sunken lots in Fifty-fifth street.
An Act to incorporate the Blind Mechanics' Association, to
be located in the city of New York; passed April 21, 186285 Sess. 741.
An Act to confirm and legalize certain acts of the Common
Council of the city of New York; passed April 22, 1862-85
Sess. 750.
Regulating and grading of Third avenue; ordinance of Aug. 31, 1858.
An Act to incorporate the Union Home and School for the
education and maintenance of the children of volunteers;
passed April 22, 1862-85 Sess. 752.
An Act to repeal part of an act, passed April 15, 1858, entitled " An act to amend an act to establish regulations for the
port of New York" (passed April 16, 1857); passed April 22,
1862  85 Sess. 765.
Repeals ~ 9 of act of 1858.
An Act to amend an act, entitled " An act to incorporate the
Society for the Relief of Poor Widows with Small Children"
(passed April 5, 1810); passed April 22, 1S62-85 Sess. 798.
An Act to incorporate the American Shipmasters' Association; passed April 22, 1862-85 Sess. 806.
An Act to enable the Board of Supervisors of the county of
New York to raise money by tax for certain county purposes;
also, to regulate the expenditure of certain revenues of said
county; passed April 23, 1862-85 Sess. 817.
An Act dividing the State into Congressional Districts;
passed April 23, 1862-85 Sess. 819.
An Act to enable the Supervisors of the county of New York
to raise money by tax, for the use of the Corporation of the city
of New York, and to regulate certain expenditures of said Corporation; passed April 23, 1862-85 Sess, 860.




180                   TITLES OF ACTS.
An Act to amend an act, entitled " An act in relation to the
rates of wharfage, and to regulate piers, wharves, bulkheads, and
slips, in the cities of New York and Brooklyn" (passed April
10, 1860); passed April 24, 1862-85 Sess. 952.
Amends ~ 7 of act named, to read as printed in this volume.
An Act to incorporate the New York Warehouse and Security
Company; passed June 7, 1862-S5 Sess. 984.
An Act to enable the Harmony Fire and Marine Insurance
Company to increase their capital and otherwise to amend their
charter; passed June 7, 1862-85 Sess. 987.




LIST OF BANKS
IN
THE CITY OF NEW YORK,
FROM THE
COMMENCEMENT OF THE GOVERNMENT TO THE PRESENT TIME:
WITH THE
SEVERAL ACTS AMENDING, OR MODIFYING THEIR
CHARTERS OF INCORPORATION.
1782.
An Act incorporating the President, Directors and Company
of the Bank of North America; passed April 11, 1782-5
Sess., 35 chap., 1 Jones and V. 77, 78, and 1 Gr. 50 and 52.
1791.
An Act incorporating the President, Directors and Company
of the Bank of New York; passed March 21, 1791-14 Sess.,
37 chap., 2 Gr. 360, 2 Kent and R. 351.
The above act amended by the act passed January 12, 179215 Sess., 1 chap. Stock increased to one hundred shares.
Further amended by the act passed March 31, 1801-Kent
and R. 2 vol., chap. 94, p. 356.
1799.
An Act incorporating the President and Directors of the
Manhattan Company; passed April 2, 1799-22 Sess., chap.
84, 3 W. 571, 2 Kent and R. 370.
1801.
An Act relative to the Bank of New York; passed March 31,
1801-24 Sess., 104 chap., 2 Kent and R. 358.
1805.
An Act incorporating the President and Directors of the
Merchants' Bank, in the city of New York; passed March 26,
1805-28 Sess., 43 chap., 4 W. 62.
1808.
An Act increasing the powers of the President, Directors and
Company of the Manhattan Company; passed March 25, 1808
-31 Sess., 88 chap., 5 W. 294.




182                          LIST OF BANKS.
An Act amending the act, incorporating the President, Directors and Company of the Bank of New York; passed April
6, 1808-31 Sess., 134 chap., Private Acts of 1809, p. 147.
1810.
An Act incorporating the President, Directors and Company
of the Mechanics' Bank, in the city of New York; passed
March 23, 1810-33 Sess., 87 chap., Private Acts of 1810, p.
110.
An Act to prolong the payment of the debt due this State
from the Bank of New York; passed March 23, 1810-33 Sess.,
chap. 84, Laws of 1810, p. 24.
1811.
An Act incorporating the President, Directors and Company
of the Union Bank, in the city of New York; passed March 8,
1811-34 Sess., 34 chap., 6 W. 116.
An Act amending the Charter, incorporating the Presidents
Directors and Company of the Mechanics' Bank, in the city of
New York; passed April 8, 1811-34 Sess., 189 chap., 6 W.
268.
1812.
An Act incorporating the President, Directors and Company
of the Bank of America; passed June 2, 18-~35 Sess., 78
chap., 6 W. 413.
An Act to fix the place of the Banking-house and office of
Discount and Deposit of the Bank of America; passed June 8,
1812-35 Sess., 81 chap., 6 W. 421.
An Act to incorporate the Stockholders of the City Bank, of
New York; passed June 16, 1812-35 Sess., 175 chap., 6 W.
529.
An Act to incorporate the New York Manufacturing Company; passed June 15, 1812-35 Sess., 167 chap., p. 509.
An Act to authorize the Comptroller of this State to subscribe
to the Bank of America; passed June 18, 1812-35 Sess., 188
chap., 6 W. 542.
1813.
An Act relating to the President, Directors and Company of
the Mechanics' Bank, in the city of New York-Laws of 1813,
p. 195, 36 Sess., 98 chap.
An Act relative to the Bank of America; passed March 20,
1813-36 Sess., 76 chap., Laws of 1813, 76.
An Act in addition to the act, entitled " an act to incorporate
the Stockholders of the City Bank of New York;" passed
March 20, 1813-36 Sess., 76 chap., Laws of 1813, 75.
An Act to repeal those parts of the act passed March 23,
1810, and April 8, 1811, respecting the Mechanics' Bankin the




LIST OF BANKS.                             183
city of New York, which relates to the appointment of two
Directors in behalf of this State; passed  April 2, 1813-36
Sess., 122 chap., Laws of 1813, p. 133.
An Act extending the time, and continuing in force for a
limited period, certain Banking incorporations in this State, and
for other purposes; passed April 2, 1813-76 Sess., 98 chap.,,
Laws of 1813, p. 104.
1814.
An Act requiring the Bank of America and the City Bank of
New York to loan to this State the sum which those Banks are
respectively bound to loan; passed October 22, 1814-38 Sess.,
14 chap., Laws of 1814, p. 15.
An Act to amend an act, entitled " an act to incorporate the
New York Manufacturing Company;" passed September 26,
1814- 38 Sess., 1 chap., Laws of 1814, p. 3.
1817.
An Act to amend an act, entitled " an act to incorporate the
New  York Manufacturing Company;" passed February 21,
1817-10 Sess. 42, chap. 30.
1818.
An Act to incorporate the President, Directors and Company
of the Franklin Bank of the City of New York; passed April 21,
1818-41 Sess., 256 chap., Laws of 1S18, p. 272.
1819.
An Act to empower the President, Directors and Company of
the Bank of America to reduce their capital stock; passed February 26, 1819-Laws of 1819, 42 Sess., chap. 24, p. 28.
Incorporating " a Bank for Savings in the city of New York,"
passed March 26, 1819-42 Sess., chap. 62, Laws of 1819, p. 66.
An Act relative to the Transfer of Stocks of this State;
passed March 26, 1819-42 Sess., chap. 70, p. 73.
1820.
An Act to empower the President, Directors and Company of
the City Bank of New York to reduce their capital stock;
passed March 24, 1820-43 Sess., chap. 103, Laws of 1820, p. 86.
An Act concerning the Bank of Savings in the city of New
York; passed March 24, 1820-43 Sess., chap. 109, Laws of
1820, p. 93.
1821.
An Act amending an act incorporating the President, Directors and Company of the Union Bank in the city of Nexw York44 Session, chapter 50, Laws of 1821, p. 41.
An Act relative to the Phenix Bank, reducing the capital to
$500,000; passed January 29, 1821-44 Session, chap. 22, p. 16.




1~~~84:~ LIST OF BANKS.
An Act to enable the Bank of New York to buy and hold
stock, and to enable the Banks to..subscribe to canal loans;
passed March 16, 1821-44 Session, chapter 114, Laws of 1821,
p. 110.
An Act incorporating the President, Directors and Compa-ny
of the North River Bank of the city of New York; passed March
23, 1821-44 Session, chapter 146, Laws of 1821, p. 135.
1823.
An Act incorporating "The President, Directors and Comnpany of the Tradesmen's Bank of the city of New York;" passed
March 29, 1823-46 Session, chapter 93, Laws of 1823, p. 106.
An Act to incorporate "The President, Managers and Company of the Delaware and Hudson Canal Company;" passed
April 23, 1823-46 Session, chapter 238, Laws of 1823, p. 305.
By an act passed April 23, 1824, the charter was extended to
embrace banking powers; Laws of 1824, p. 332.
1824.
An Act to amend an act, entitled " an act to incorporate the
New York Chemical Manufacturing Company;" passed April
1, 1824-47 Session, chapter 148, Laws of 1824, p. 140.
An Act to incorporate " the President, Directors and Company of the Fulton Bank in the city of New York;" passed April
1, 1824-47 Sess., chap. 140, Laws of 1824, p. 144.
An Act to amend the act incorporating the Fulton Bank;
passed April 7, 1824-47 Sess., chap. 175, Laws of 1824, p. 193.
An Act further to amend the act, entitled, " an act to incorporate the President, Managers and Company of the Delaware
and Hudson Canal Company;" passed April 23, 1824-47 Sess.,
chap. 270, Laws of 1824, p. 332.
1825.
An Act to incorporate the New York Dry Dock Company;
passed April 12, 1825-48 Sess., chap. 114, Laws of 1825, p. 178.
1826.
An Act for the relief of the New York Dry Dock Company;
passed April 6, 1826-49 Sess., Laws of 1826, p. 91.
1827.
An Act "relative to the Tradesmen's Bank," empowering
them to reduce the capital stock and shares; passed March 26,
1827-50 Sess., chap. 103, Laws of 1827, p. 79.
An Act relative to the Fulton Bank, to reduce the capital
stock, &c.; passed March 16, 1827-50 Sess., chap. 75, Laws
of 1827, p. 60.




LIST OF BANKS.                             185
An Act relative to the Savings Bank in the city of New
York; passed March 29, 1827-50 Sess., chap. 114, Laws of
1827, p. 84.
1828.
An Act relative to the Fulton Bank in the city of New York;
passed March 21, 828 —51 Session, chapter 96, Laws of 1828,
p. 97.
1829.
An Act empowering the New York Dry Dock Company to
establish an office of discount and deposit; passed April 29,
1829-52 Session, chapter 295, p. 427.
An Act to incorporate the Seamen's Bank for Savings in the
city of New York; passed January 31, 1829-52 Session, chapter 17, Laws of 1829, p. 85.
An Act to incorporate the President, Directors and Company
of the Merchants' Exchange Bank of the city of New York;
passed April 29, 1829-52 Session, chapter 296, Laws of 1829,
p. 427.
An Act to incorporate the President, Directors and Company
of the National Bank in the city of New York; passed April 30,
1829-52 Session, chapter 319, Laws of 1829, p. 465.
1830.
An Act to extend the time for filling up the stock of the National Bank of the city of New York; passed April 7, 1830-53
Session, chapter 129, Laws of 1830, 143.
An Act to amend the charter of the New  York Dry Dock
Company; passed April 22, 1831-53 Session, chapter 243,
Laws of 1831, p. 292.
An Act for the relief of the Bank of Savings in the city of
New York; passed March 19, 1830-53 Session, chapter 96,
Laws of 1830, p. 94.
An Act to extend the time for filling up the stock of the National Bank of the city of New York; passed April 7, 183053 Session, chapter 129, Laws of 1830, p. 143.
An Act to incorporate the President, Directors and Company
of the Butchers' and Drovers' Bank of the city of New York;
passed April 7, 1830-53 Session, chapter 128, Laws of 1830,
p. 142.
An Act to extend the time for filling up the stock of the
Merchants' Exchange Bank of the city of New York; passed
April 13, 1830 —53 Session, chapter 140, Laws of 1830, p. 162.
An Act to incorporate the President, Directors and Company
of the Mechanics' and Traders' Bank; passed April 15, 183053 Session, chapter 169, Laws of 1830, p. 179.
An Act to incorporate the President, Directors and Company




186                           LIST OF BANKS.
of the Greenwich Bank of the city of New York; passed April
17, 1830-53 Session, chapter 256, Laws of 1830, p. 278.
1831.
An Act to extend for a limited period the charter of the
Tradesmen's Bank in the city of New York; passed January
29, 1831-54 Session, chapter 23, Laws of 1831, p. 18.
An Act to extend for a limited period the charter of the
Bank of New York in the city of New York; passed January
29, 1831-54 Session, chapter 251, Laws of 1831, p. 20.
An Act to extend for a limited period the charter of the City
Bank of New York; passed January 29, 1831-54 Session,
chapter 26, Laws of 1831, p. 22.
An Act to extend for a limited period the charter of the
Bank of America in the city of New York; passed February
2, 1831-54 Session, chapter 27, Laws of 1831, p. 23.
An Act to extend for a limited period the charter of the
Union Bank in the city of New York; passed February 2,
1831-54 Session, chapter 28, Laws of 1831, p. 25.
An Act to extend for a limited period the charter of the Mlerchants' Bank in the city of New York; passed February 2,
1831 —54 Session, chapter 29, Laws of 1831, p. 26.
An Act to extend for a limited period the charter of the New
York Manufacturing Company; passed June 15, 1812-now
known as the Phoenix Bank in the city of New York; passed
February 2, 1831-54 Session, chapter 30, Laws of 1831,
p. 28.
An Act to extend for a limited period the charter of the Mechanics' Bank in the city of New York; passed February 2,
1831-54 Session, chapter 31, Laws of 1831, p. 29.
An Act to reduce the capital stock of the City Bank of New
York; passed April 18, 1831-54 Session, chapter 141, Laws
of 1831, p. 189.
An Act to amend the charter of the National Bank in the
city of New York; passed April 18, 1831-54 Session, chapter
169, Laws of 1831, p. 203.
An Act concerning the Bank of Savings in the city of New
York; passed April 23, 1831-54 Session, chapter 254, Laws
of 1831, p. 308.
An Act to extend the time for filling up the stock of the
Merchants' Exchange Bank of the city of New York; passed
April 25, 1831-54 Session, chapter 284, Laws of 1831, p. 353.
1832.
An Act to incorporate the President, Directors and Company
of the Leather Manufacturers' Bank; passed April 23, 183255 Session, chapter 218, Laws of 1832, p. 392.




LIST OF BANKS.                             187
An Act for the relief of the Seamen's Bank of Savings in the
city of New York; passed April 26, 1S32-55 Session, chapter
309, Laws of 1832, p. 530.
1833.
An Act to incorporate the President, Directors and Company
of the Seventh Ward Bank in the city of New York; passed
April 20, 1833-56 Sess. 236.
An Act to increase the Capital Stock of the Butchers' and
Drovers' Bank in the city of New York; passed April 20, 1833
-56 Sess. 243.
An Act to amend the charter of the National Bank; passed
April 23, 1833-56 Sess. 267.
An Act to incorporate the Greenwich Savings Bank; passed
April 24, 1833-56 Sess. 284.
1834.
An Act for the relief of the Seamen's Bank for Savings in the
city of New York; passed April 19, 1834-57 Sess. 156.
An Act to incorporate the Commercial Bank in the city of
New York; passed April 28, 1834-57 Sess. 342.
An Act to incorporate the Lafayette Bank of the city of
New York; passed April 29, 1834-57 Session, 366.
An Act to increase the capital of the Phoenix Bank in the
city of New York; passed April 29, 1834-57 Sess. 373.
An Act to incorporate the Bowery Savings Bank; passed
May 1, 1834-57 Sess. 413.
1835.
An Act in relation to the Bowery Savings Bank in the city of
New York; passed January 30, 1835-58 Sess. 7.
1836.
An Act relative to the Greenwich Savings Bank; passed
April 2, 1836-59 Sess. 138.
An Act in relation to the Bank for Savings in the city of New
York; passed April 23, 1836-59 Sess. 238.
An Act to amend the charter of the Commercial Bank of
New York; passed M/[ay 9, 1836-59 Sess. 388.
An Act to incorporate the Bank of the State of New York;
passed May 18, 1836-59 Sess. 546.
1838.
On the 18th April, 1838 (61 Sess. 245), the General Banking Law was passed, and
a list of the associations organized under that act has been obtained from the Office of
the County Clerk, and is published herein.
An Act to amend the charter of the Lafayette Bank of the
city of New York; passed April 18, 1838-61 Sess. 261.




188                            LIST OF BANKS.
1839.
An Act changing the location of the Lafayette Bank; passed
April 18, 1839-62 Sess. 168.
An Act in relation to Savings Banks.  [Bowery Savings
Bank.]  Passed May 6, 1839-62 Sess. 320.
1841.
An Act authorizing the Commercial Bank in the city of
New York to change its location; passed March'17, 1841-64
Sess. 34.
An Act for the reduction of the Capital Stock of the Phoenix Bank of the city of New  York; passed May 7, 1841-64
Sess. 144.
An Act relating to the Greenwich Savings Bank; passed May
26, 1841-64 Sess. 233.
An Act to change the location of the Seventh Ward Bank;
passed May 26, 1841-64 Sess. 278.
1843.
An Act to extend the time for making a second and final dividend among the creditors of the Commercial Bank in the city of
New York; passed February 16, 1843-66 Sess. 16.
An Act to reduce the Capital Stock of the Mechanics' Bank
of the city of New York; passed April 10, 1843-66 Sess. 70.
1848.
An Act to incorporate the East River Savings Institution;
passed April 11, 1848-71 Sess. 369.
1850.
An Act to incorporate the Emigrant Industrial Savings Bank;
passed April 10, 1850-73 Sess. 633.
An Act to incorporate the Manhattan Savings Institution;
passed April 10, 1850-73 Sess. 627.
1852.
An Act to incorporate the Mechanics' and Traders' Savings
Institution; passed April 16, 1852-75 Sess. 579.
An Act to incorporate the Mariners' Savings Institution in the
city of New York; passed April 16, 1852-76 Sess. 585.
1853.
An Act relative to Savings Banks or Institutions for Savings
in the city and county of New York and the county of Kings;
passed April 15, 1853-76 Sess. 550.
An act to amend an act, entitled " An Act to incorporate the
Broadway Savings Institution in the city of New York;" passed
June 4, 1853-76 Sess. 659.




LIST OF BANKS.                            189
An Act to incorporate the Sixpenny Savings Bank of the city
of New York; passed June 4, 1853-76 Sess. 670.
1854.
An Act to incorporate the Bloomingdale Savings Bank;
passed April 17, 1854-77 Sess. 981.
An Act to incorporate the Rose Hill Savings Bank; passed
April 17, 1854 —77 Sess. 992.
1855.
An Act to amend an act, entitled "An act to incorporate the
Sixpenny Savings Bank of the city of New York " (passed June
4, 1853); passed March 19, 1855-78 Sess. 107.
1856.
An Act for the relief of and to reduce the capital stock of
the East River Bank; passed March 7, 1856-79 Sess. 33.
1857.
An Act to amend an act, entitled " An act to incorporate the
Mechanics' and Traders' Savings Institution" (passed April 16,
1852); passed March 19, 1857-80 Sess. vol. 1, 260.
An Act authorizing the stockholders of the Chatham Bank
to elect the whole number of the directors thereof annually;
passed March 24, 1857 —80 Sess. vol. 1, 393.
An Act to amend an act, entitled " An act to incorporate the
Rose Hill Savings Bank in the city of New York;" passed April
6, 1857-80 Sess. vol. 1, 548.
An Act to amend an act, entitled " An act to incorporate the
Manhattan Savings Institution" (passed April 10, 1850); passed
April 10, 1857-80 Sess. vol. 1, 673.
An Act to amend the act, entitled " An act to incorporate
the Mariners' Savings Institution in the city of New  York"
(passed April 16, 1852); passed April 15, 1857-80 Sess. vol.
2, 97.
An Act to amend an amended act, entitled " An act to incorporate the Broadway Savings Institution of the city of New
York;" passed April 15, 1857-80 Sess. vol. 2, 197.
An Act to incorporate the Rural Savings Bank at Harlem;
passed April 16, 1857-80 Sess. vol. 2, 456.
1858.
An Act in relation to Savings Banks in the city of Buffalo, and
to amend an act, entitled " An act relative to Savings Banks or
Institutions for Savings, in the city and county of New York
and the county of Kings " (passed April 15, 1853); passed April
10, 1858 —81 Sess. 254.
An Act in relation to the Mechanics' Banking Association, the




190                            LIST OF BANKS.
North River Bank, the East River Bank, and the Grocers' Bank,
banking associations in the city of New York; passed April 14,
1858-81 Sess. 302.
1859.
An Act to amend an act, entitled " An act to incorporate the
Bloomingdale Savings Bank " (passed April 17th, 1854); passed
February 24, 1859-82 Sess. 40.
Name changed to Third Avenue Savings Bank.
An Act to incorporate the German Savings Bank, in the city
of New York; passed April 9, 1859 —2 Sess. 469.
An Act to incorporate the Union Dime Savings Institution,
of the city of New  York; passed April 12, 1859 —2 Sess.
539.
An Act to amend an act, entitled " An act to incorporate the
Manhattan Savings Institution " (passed April 10, 1857); passed
April 18, 1859-82 Sess. 1066.
1860.
An Act to incorporate the Citizens' Savings Bank of the city
of New York; passed April 5, 1860-83 Sess. 264.
An Act to incorporate the Atlantic Savings Bank of the city
of New York; passed April 11, 1860-83 Sess. 482.
An Act to incorporate the Franklin Savings Bank in the city
of New York; passed April 14, 1860-83 Sess. 707.
1862.
An Act to amend an act, entitled " An act to incorporate the
Citizens' Savings Bank of the city of New York" (passed April
5, 1860); passed April 17, 1862-85 Sess. 449.
An Act to change the name of "The Rose Hill Savings
Bank," in the city of New York; passed April 17, 1862-85
Sess. 485.
Name changed to " The New York Savings Bank."




BANKS
ORGANIZED IN THE CITY OF NEW YORK
UNDER THE
GENERAL BANKING LAW.
" The Bank of Western New York,"-recorded 6th July, 1838.
"The North American Trust and Banking Company,"recorded 17th July,......  do.
"The Bank of the United States in New York,"-recorded 6th August,......do.
" The Mechanics' Banking Association,"-recorded 11th
August,.......  do.
" The American Exchange Bank,"-recorded 21st Sept.  do.
"The East River Bank of the city of New York,"-recorded 24th September,.....  do.
"New York Banking Comnpany,"-recorded 3d November,........       do.
"The Stuyvesant Banking Company,"-recorded 5th
November,........  do.
"The Chelsea Bank,"-recorded 17th November,.  do.
"The Tenth Ward Bank,"-recorded 1st December,.  do.
"The Wool Growers' Bank of the State of New York,"
recorded 21st December,.....  do.
" The Hudson River Bank,"-recorded 26th December,  do.
" The United States Trust and Banking Company,"recorded 29th December,....  do.
"North Bank,"-recorded 29th December,...do.
"The Bank of the City of New York,"-recorded 29th
December,.......      do.
"The Staten Island Bank,"-recorded 9th January,. 1839
"The Pearl Street Bank,"-recorded 11th January,.  do.
"First Ward Bank,"-recorded 11th January,.          do.
"The Greenwich Banking Company,"-recorded 15th
January,......  do.
"Broadway Bank,"-recorded 21st January,..  do.
"The Washington Bank in the city of New York,"-recorded 23d January,......  do.
" Atlantic and Pacific Trust and Banking Company,"recorded 24th January,......  do.
"The Clinton Bank,"-recorded 25th January,..  do.




192            BANKS ORGANIZED IN THE CITY OF NEW YORK
"The Farmers' and Gardeners' Bank of New York,"recorded 25th January,.... 1839.
"The Globe Bank,"- recorded 2d February,..  do.
"Bank of Commerce in New York,"-recorded 9th Feb.  do.
"Real Estate Bank,"-recorded 26th February,..  do.
"The Atlantic Bank in the city of New  York," —recorded 1st March,......do.
"City Trust and Banking Company,"-recorded 8th
March,........  do.
"The Manhattan  Exchange  Bank,"-recorded  15th
March,....                  do.
"City Exchange Bank,"-recorded 2d April,..  do.
"The Atlantic Bank of the city of New York," —recorded 2d April,....do.
" The Market Bank" (no date of record).
" Union Exchange Bank,"-recorded 30th April,.  do.
"The Croton Bank,"-recorded 9th May,...do.
"City Trust and Banking Company,"-recorded 2d
August,.......  do.
"The Clinton Bank,"-recorded 20th August,..  do.
"Merchants' Banking Company,"-recorded 21st October,.........  do.
"The Great Western Bank,"-recorded 12th November,  do.
"The Hudson River Bank,"-recorded 11th November,  do.
"The North River Banking Company,"-recorded 17th
December,......  do.
" New York Exchange Bank,"-recorded 17th January, 1840.
"The Merchants' and Mechanics' Bank,"-recorded 11th
January,.......       do.
" New York Exchange Bank,"-recorded 15th January,  do
"Western Banking Company,"-recorded  11th Feb-  do
ruary,........  do: The Alleghany County Bank,"-recorded 2d June,.  do.
"The Merchants' Bank,"-recorded 2d June,..do.
" The Farmers' and Mechanics' Bank in the city of New
York,"-recorded 1st July,.....  do.' The English Bank,"-recorded 12th September.  do.
"United States Bank,"-recorded 5th January,.. 1841.
"The North River Bank,"-recorded 31st March,. 1842.
"The North River Bank of the city of N. Y."-recorded
1st April,.......do.
"The Fulton Bank in the city of N. Y."-recorded 11th
January,........ 1844.
"The Chemical Bank,"-recorded 27th January,.  do.
"The Bowery Bank ot the city of N. Y."-recorded 7th
August,.... 1847.
" The Merchants' Exchange Bank in the city of N. Y."
-recorded 8th March..... 1849.
"The Broadway Bank,"-recorded 10th August,.  do.
"The Ocean Bank of the city of N. Y."-recorded 12th
December,........  do.




UNDER THE GENERAL BANKING LAW.                     193
" The Mercantile Bank,"-recorded 2d January,.. 1850.
" Pacific Bank,"-recorded 7th October,...  do.
" Bank of the Republic,"-recorded 22d January,. 1851.' Chatham Bank,"-recorded 1st February,..  do.
"The People's Bank of the city of N. Y."-recorded
26th February,.......  do.
Irving Bank in the city of N. Y." —recorded 28th
March,........  do.
"Bank of the Metropolis,"-recorded 31st March,.  do.
" Hanover Bank,"-recorded 2d April,...do.
"Bank of the Metropolis,"-recorded 3d April,.       do.
"The New York Exchange Bank in the city of N. Y."recorded 5th April,....                   do.
"The Metropolitan Bank,"-recorded 9th April,.do.
" Bank of North America,"-recorded 10th April,.  do.
" Citizens' Bank,"-recorded 1st May,...  do.
" The Pearl Street Bank,"-recorded 14th June,.  do.
"The Metropolitan Bank,"-recorded 21st April,.do.
"The Grocers' Bank in the city of N. Y."-recorded 4th
August,......         do.
"Knickerbocker Bank of the city of N. Y."-recorded
4th October,.......  do.
" The Empire city Bank,"-recorded 1st January,. 1852.
"The City Bank of New York,"-recorded March 20,.  do.' The Astor Bank,"-recorded May 26,...  do.
"The Astor Bank,"-recorded June 12,...  do.
"Suffolk Bank,"-recorded June 20,....  do.
" Chatham Bank,"-recorded July 10,...  do.
"The Hanover Bank,"-recorded August 17,..  do.
"East River Bank,"-recorded September 10,..  do.
"Suffolk Bank,"-recorded September 11,...  do.
" The Nassau Bank,"-recorded October 27,..  do.
" The Continental Bank,"-recorded November 13,.  do.
"The New York City Bank,"-(of the city of New
York,)-recorded November 22,....  do.
"The Saint Nicholas Bank,"-recorded November 24,  do.
"The Bowery Bank of the City of New  York,"-recorded December 3,......  do.
The Butchers' and Drovers' Bank in the city of N. Y."
-recorded December 14,....             do.
"The Central Bank,"-recorded December 18,..  do.
"The Corn Exchange Bank,"-recorded 18th December,  do.
" Marine Bank," —recorded 27th December,..  do.
"Shoe and Leather Bank," recorded 21st December,.  do.
"The Bank of New York," recorded 20th December,.  do.
"The Union Bank in the city of New York," recorded
20th December,......       do.
"The Bank of America," recorded 27th December,.  do.
"The Continental Bank," recorded 21st January,.  do.
13




19.4        BANKS ORGANIZED IN THE CITY OF NEW YORK, ETC.
"tThe Central Bank of the city of New York," recorded
11th March,....... 1853.
"The Bank of the Commonwealth," recorded 19th
March,........do.
" Marine Bank of the city of New York," recorded 21st
March,........  do.
"Bank of the Union in the city of New York," recorded
24th May,........do.
" Atlantic Bank of the city of New York," recorded 26th
May,........do.
"The Oriental Bank," recorded 2d July,...do.
"Suffolk Bank,"-recorded July 8th,....  do.
"The Island City Bank,"-recorded July 25th,..  do.
"Eighthi Avenue Bank,"-recorded August 5th,..  do.
" The Bank of the Metropolis of the city of New York"
-(no date of record).
" The Washington Bank,"-recorded November 7th,.  do.
"The Phenix Bank of the city of New York"-(no date
of record).
" The Bull's Head Bank of the city of New York,"-recorded July 18th,...... 1854.
"Mechanics' Bank of the city of New York,"-recorded
December 18,.......do.
" Tradesmen's Bank of the city of New York,"-recorded December 28,......  do.
" Greenwich Bank of the city of New York,"-recorded
MIay 30,. 1855.
"New York County Bank of the city of New York,"
recorded June 25,......  do.
"Importers' and Traders' Bank,"-recorded November
28,........do.
"Park Bank," recorded March 12,.... 1856.' Merchants' Bank in the city of New York," —recorded
July 28,.......        do.
"Artisans' Bank,"-recorded August 22,..  do.
"National Bank in the city of New York,"-recorded
December 22,.......do.
" Mechanics' and Traders' Bank in the city of New York,"
-recorded December 30,.....  do.
"American and European Banking Association of New
York,"-recorded July 3,..... 1857.
"Domestic Exchange Bank,"-recorded June 28,. 1858.
"Manufacturers' and Merchants' Bank,"-recorded November 10,..... 1859.' Leather Manufacturers' Bank,"-recorded May 14,. 1862.




TH E
CHARTERS
OF THE
CITY OF NEW YORK,
AND THE
AMENDMENTS THERETO.
GEORGE the Second, by the grace of God, of Great Britain,
France, and Ireland, king, defender of the faith, &c. To all
whom the present letters shall come, greeting:
Wfhereas, on the twenty-second day of April, in the year of
our Lord one thousand six hundred eighty and six, Thomas
Dongan, then lieutenant governor and vice admiral of New
York and its dependencies, under our predecessor, James (the
second) then king of England, &c., did make and execute a certain grant, or instrument in writing, under the seal of the province of New York, in these words following:
1. Thomas Dongan, lieutenant governor and vice admiral of Gov. Don.
New York and its dependencies, under his majesty James (the g'1,6ar.
second), by the grace of God, of England, Scotland, France,
and Ireland, king, defender of the faith, supreme lord and proprietor of the colony and province of New York, and its dependencies in America, &c. To all to whom this shall come, sendeth
greeting:
Whereas, The city of New York is an ancient city within the
said province, and the citizens of the said city have anciently
been a body politic and corporate; and the citizens of the said
city have held, used and enjoyed, as well within the same, as
elsewhere, in the said province, divers and sundry rights, liber- Recial of
ties, privileges, franchises, free customs, pre-eminences, advan-   nt an
tages, jurisdictions, emoluments, and immunities, as well by privileges.
prescription as by charter, letters patent, grants, and confirmations, not only of divers governors and commanders in chief, in
the said province, but also of several governors, directors, generals, and commanders in chief, of the Nether Dutch nation,
whilst the same was, or has been under their power and subjection. And whereas, divers lands, tenements and hereditaments, jurisdictions, liberties, immunities, and privileges, have




196                          CHARTERS OF THE
heretofore been given and granted, or mentioned to be given
and granted, to the citizens and inhabitants of the said city,
sometimes by the name of schout, burgomasters, and schephens
of the city of New Amsterdam; and sometimes by the name of
the mayor, aldermen and commonalty of the city of New York;
sometimes by the name of the mayor, aldermen and sheriff, of
the city of New York; sometimes by the name of the mayor and
aldermen of the city of New York; and by divers other names,
as by their several letters patents, charters, grants, writings,
records, and muniments, amongst other things, may more fully
appear.  And whereas, the citizens and inhabitants of the said
city have erected, built and appropriated, at their own proper
costs and charges, several public buildings, accommodations and
conveniences for the said city, That is to say, the city hall,
or state-house, with the ground thereunto belonging, two market-houses, the bridge into the dock, the wharves or docks,
with their appurtenances; and the new burial place without
the gate of the city; and have established and settled one ferry
from the said city of New York to Long Island, for the accomdation and convenience of passengers, the said citizens and travellers.
And whereas, several of the inhabitants of the said city, and
of Manhattan's Island, do hold from and under his most sacred
majesty, respectively, as well by several and respective letters
patents, grants, charters and conveyances, made and granted by
the late lieutenants, governors, or commanders in chief of the
said province as otherwise, several and respective messuages,
lands, tenements, and hereditaments, upon Manahattan's Island,
and in the city of New York, aforesaid, and as well as the said
mayor, aldermen and commonalty of the said city, and their
successors, as also, the inhabitants of the said Manhattan's Island,
and the city of New York, aforesaid, and their heirs and assigns
respectively, may hold, exercise, and enjoy, not only such and
the same liberties, privileges and franchises, rights, royalties, free
customs, jurisdictions and immunities, as they have anciently
had, used, held and enjoyed; but also, such public buildings,
accommodations, conveniences, messuages, tenements, lands and
hereditaments, in the said city of New York, and upon Manhattan's Island aforesaid, which, as aforesaid, have been been by
the citizens and inhabitants erected and built, or which have, as
aforesaid, been held, enjoyed, granted and conveyed unto them,
or any of them respectively.
Grant to the  2. Know ye, therefbre, That I, the said Thomas Dongan, by vircorporation
of all their tue of the commission and authority unto me given, and power in
former
ights and me residing, at the humble petition of the now mayor, aldermen,
privileges. and commonalty of the said city of New York, and for divers other
good causes and considerations, me thereunto moving, have given,
granted, ratified and confirmed, and by these presents, for and on
the behalf of hismost sacred majesty aforesaid, his heirs, successors
and assigns, do give, grant, ratify and confirm unto the said mayor,




CITY OF NEW YORK.                            197
aldermen and commonalty of the said city, all and every such and
the same liberties, privileges, franchises, rights, royalties, free customs,j urisdictions and immunities which they, by the name of the
mayor and commonalty, or otherwise, have anciently had, held,
used or enjoyed: Provided always, That none of the said liberties,
privileges, franchises, rights, free customs,j urisdictions,or immunities be inconsistent with, or repugnant to the laws of his majesty's
kingdom of England, or any other the laws of the General Assembly of this province; and the aforesaid public buildings, accommodations and conveniences in the said city: That is to say, The
aforesaid city hall, or stat-house, with the ground thereunto belonging, two market-houses, the  bridge  into the dock, the
wharves or dock, the said new burial place, and the aforementioned ferry, with their and every of their rights, members and
appurtenances, together with- all the profits, benefits and advantages which shall or may accrue and arise at all times hereafter,
for dockage or wharfage, within the said dock, with all and singular the rents, issues, profits, gains and advantages which shall
or may arise, grow, or accrue by the said city hall, or stathouse, and ground thereunto belonging, market-houses, bridge,
dock, burying place, ferry, and other the above-mentioned
premises, or any of them; and also, all and every the streets,
lanes, highways and alleys within the said city of New York,
and Manhattan's Island aforesaid, for the public use and service
of the said mayor, aldermen and commonalty of the said city,
and of the inhabitants of Manhattan's Island aforesaid, and
travellers there; together with full power, license and authority to the said mayor, aldermen and commonalty, and their successors forever, to establish, appoint, order and direct the establishing, making, laying out, ordering, amending and repairing
of all streets, lanes, alleys, highways, water-courses, ferry and
bridges, in and throughout the said city of New York and Manhattan's Island aforesaid, necessary, needful and convenient for
the inhabitants of the said city, and Manhattan's Island aforesaid, and for all travellers and passengers there; Provided always, That this said license so as above granted, for the establishing, making, laying out of streets, lanes, alleys, highways,
ferries and bridges, be not extended or be construed to extend,
to the taking away of any person or persons' right or property,
without his, her, or their consent, or by some known law of the
said province. And for the considerations aforesaid, I do likewise give, grant, ratify and confirm unto all and every the
respective inhabitants of' the said city of New York, and of
Manhattan's Island aforesaid, and their several and respective
heirs and assigns, all and every the several and respective messuages, tenements, lands and hereditaments, situate, lying and
being in the said city, and Manhattan's Island aforesaid, to them
severally and respectively granted, conveyed and confirmed, by
any of the late governors, lieutenants, or commanders in chief,
of the said province, or by any of the former mayors and alder



198                             CHARTERS OF THE
men of the said city of New York, by deed, grant, conveyance,
or otherwise howsoever; To hold to their several and respective
heirs and assigns forever.
Grants  to  3. And I do, by these presents, give and grant unto the said
the corporation of all mayor, aldermen and  commonalty of the said city of New
waste  and
vacated   York, all the waste, vacant, unpatented and unappropriated
laudis  on'T.
Manhatt lan ds  lving and being within the said city of New  York, and
Island.    on Manhattan's Island aforesaid, extending and reaching to the
low water mark, in, by and through all parts of the said city
of New York, and Manhattan's Island aforesaid, together with
all rivers, rivulets, coves, creeks, ponds, waters and watercourses in the said city and island, or either of them, not heretofore given or granted, by any of the former governors, lieutenants, or commanders in chief, under their or some of their
hands and seals, or seal of the province, or by any of the former mayors or deputy mayors and aldermen of the said city of
New York, to some respective person or persons, late inhabitants of the said city of New York, or Manhattan's Island, or of
other parts of the said province.
And I do, by these presents, give, grant and confirm unto the
said mayor, aldermen and commonalty, of the said city of New
York, and their successors forever, the royalties of fishing, fowling, hunting, hawking, minerals and other royalties and privileges, belonging or appertaining to the city of New York, and
IManhattan's Island aforesaid (gold and silver mines only excepted), to have, hold and enjoy all and singular the premises,
to the said mayor, aldermen and commonalty of the said city of
New York, and their successors forever, rendering and paying
therefor unto his most sacred majesty, his heirs, successors or
assigns, or to such officer or officers as shall be appointed to
receive the same, yearly forever hereafter, the annual quit rent
or acknowledgment of one beaver skin, or the value thereof,
in current money of this province, in the said city of New
York, on the five and twentieth day of Mlarch, yearly forever.
Jurisdiction   4. And, moreover, I will, and by these presents do grant,
of the city to                               y         p
exted  to appoint and declare, that the said city of New York, and the
lrk wall compass, precincts and limits thereof, and the jurisdiction of the
round  the same, shall from  henceforth extend and reach itself, and may
Island Ranhattan's.  and shall be able to reach forth and extend itself, as well in
length and in breadth as in circuit, to the farthest extent of, ahd
in, and throughout all the said Island Manhattan's, and in and
upon all the rivers, rivulets, coves, creeks, waters and watercourses, belonging to the same island, as far as low water mark.
And I do also, for and on behalf of his most sacred majesty aforesaid, his heirs and successors, firmly enjoin and command, that the aforesaid mayor, aldermen and commonalty of
the city aforesaid, and their successors, shall and may freely and
quietly have, hold, use and enjoy, the aforesaid liberties, authorities, jurisdictions, franchises, rights, royalties, privileges, exemptions, lands, tenements, hereditaments and premises afore



OITY OF NEW  YORK.                            199
said, in manner and form aforesaid, according to the tenor and
effect of the aforesaid grants, patents, customs and letters patents of grant and confirmation, without the let, hindrance or
impediment of me, or any of my successors, governors, lieutenants, or other officers whatsoever.
5. And also, I do, for and on behalf of his most sacred ma-city officers.
jesty, aforesaid, his heirs and successors, grant to the mayor,
aldermen and commonalty of the said city of New York, and
their successors, by these presents, and for the better government of the said city, liberties and precincts thereof, there shall
be forever hereafter within the said city, a mayor and recorder,
town clerk, and six aldermen, and six assistants, to be appointed,
nominated, elected, chosen and sworn, as hereinafter is particularly and respectively mentioned, who  shall be forever
hereafter called  the mayor, aldermen and commonalty of the
city of New York; and that there shall be forever, one chamberlain, or treasurer, one sheriff, one coroner, one clerk of the
market, one high  constable, seven  sub-constables, and one
marshal or serjeant-at-mace, to be appointed, chosen and sworn,
in the manner hereinafter mentioned.
6. And I do, by these presents, for and on the behalf of his
most sacred majesty aforesaid, his heirs, successors and assigns,
declare, constitute, grant and appoint, that the mayor, recorder,
aldermen and assistants, of the said city of New York, for the time
being, and they which hereafter shall be the mayor, recorder, and
aldermen and assistants, of the said city of New York, for the time
being, and their successors, forever hereafter be, and shall be,
by force of these presents, one body corporate and politic, in
deed, fact and name, by the name of the mayor, aldermen and Mayor, recommonalty (ofIhe city of'New York; and them by the name ofdermen and
the mayor, aldermen and commonalty of the city of New York, one madsta bdy
body corporate and politic, in deed, fact, and name, I do really corporate
and fully create, ordain, make, constitute and confirm  by    
these presents; and that, by the name of the mayor, aldermen and
commonalty of the city of New York, they may have perpetual sue
cession; and that they, and their successors, forever, by the
name of the mayor, aldermen and commonalty of the city of New
York, be, and shall be, forever hereafter, persons able, and in
law capable, to have, get, receive and possess lands, tenements,
rents, liberties, jurisdiction, franchises and hereditaments, to
them  and their successors, in fee simple, or for term  of life,
lives, or years, or otherwise; and also goods and chattels; and
also other things, of what nature, kind or quality soever; and
also to give, grant, let, set and assign, the same lands, tenements, hereditaments, goods and chattels; and to do and execute all other things about the same, by the name aforesaid.
And also that they be, and forever shall be hereafter, persons
able in law, capable to plead and be impleaded, answer and be
answered unto, defend and be defended, in all or any of the
courts of his said majesty, and other places whatsoever, and be



200                          CHARTERS OF THE
fore any judges, justices, and other person or persons whatsoever, in all and all manner of actions, suits, complaints, demands, pleas, causes and matters, whatsoever, of what nature,
kind, or quality soever, in the same, and in the like manner
and form as other people of the said province, being persons
able, and in law capable, may plead and be impleaded, answer
and be answered unto, defend and be defended, by any lawful
ways and means whatsoever; and that the said mayor, aldermen and commonalty of the said city of New York, and their
successors, shall and may forever hereafter have one common
seal to serve for the sealing of all and singular their affairs and
business touching or concerning the said corporation. And it
shall and may be lawful to and for the said mayor, aldermen
and commonalty of the said city of New York, and their successors, as they shall see cause, to break, change, alter and newmake, their said common seal, when, and as often as to them it
shall seem convenient.
7. And further, know ye, That I have assigned, named, ordainCity ofcersed and constituted, and by these presents do assign, name, ornamed.   dain and constitute, Nicholas Bayard now mayor, of the said
city of New York, to be present mayor of the said city; and
that the said Nicholas Bayard shall remain and continue in the
office of mayor there, until another fit person shall be appointed and sworn in the said office, according to the usage and custom of the said city; and as in and by these presents is hereafter mentioned and directed. And I have assigned, named,
ordained and constituted, and by these presents, do assign, name,
ordain and constitute, create and declare James Graham, Esq.,
to be the present recorder of the said city; to do and execute
all things, which unto the said office of recorder of the said city
doth, or may in any wise, appertain or belong. And I have assigned, named, ordained and constituted, and by these presents,
do assign, name, ordain, constitute, create and declare John
West, Esq., town clerk of the said city; to do and execute all
things which unto the office of town clerk may any wise appertain or belong. And I have named, assigned, constituted and
made, and by these presents, do assign, name, constitute and
make, Andrew Bown, John Robinson, William Beekman, John
Delaval, Abraham De Peyster, and Johannes Kip, citizens and
inhabitants of the said city of New York, to be the present aldermen of the said city. And also, I have made, assigned,
named and constituted, and by these presents, do assign, name,
constitute and make Nicholas De Myer, Johannes Van Brugh,
John De Brown, Teunis De Key, Abraham Corbit, and Wolfert
Webber, citizens and inhabitants of the said city, to be the present assistants of the said city. And also, I have assigned,
chosen, named and constituted, and by these presents do assign,
choose, name and constitute Peter De Lanoy, citizen and inhabitant of the said city, to be the present chamberlain or treasurer of the city aforesaid. And I have assigned, named, con



CITY OF NEW YORK.                            201
stituted and appointed, and by these presents, do assign, name,
constitute and appoint John Knight, Esq., one other of the said
citizens there, to be present sheriff of the said city, and have assigned, named, constituted and appointed, and by these presents
do assign, name, constitute and appoint Jarvis Mlarshall, one
other of the said citizens there, to be the present marshal of the
said city. And I do, by these presents, grant to the said mayor, Mayor, realdermen and commonalty of the said city of New York, and th,   or
their successors, that the mayor, recorder, aldermen and assist- oro andermen and asants of' the said city for the time being, or the mayor, recorder, sistantstobe
and any three or more of the aldermen, and any three or more council.
of the assistants, for the time being, be and shall be called the
common council of the said city, and that they, or the greater
part of them, shall or may have full power and authority, by
virtue of these presents, from  time to time, to call and hold
common council, within the common council house, or city hall With power
of the said city; and there, as occasion shall be, to make laws,  ake ordi
orders, ordinances and constitutions, in writing; and to add, nanc
alter, diminish or reform  them, from time to time, as to them
shall seem  necessary and convenient (not repugnant to the
prerogative of his most sacred majesty aforesaid, his heirs
and successors, or to any of the laws of the kingdom of England, or other the laws of the General Assembly, of the
province of New York), for the good rule, oversight, correction and government of the said city and liberties of the
same, and of all the officers thereof and for the several tradesmen, victuallers, artificers, and of all other the people and
inhabitants of the said city, liberties and precincts, aforesaid,
and for the better preservation of government, and disposal
of all the lands, tenements and hereditaments, goods and chattels of the said Corporation; which laws, orders, ordinances
and constitutions, shall be binding to all the inhabitants of the
said city, liberties and precincts aforesaid; and which laws,
orders, ordinances and constitutions, so by them made, as aforesaid, shall be and remain in force for the space of three months,
and no longer, unless they shall be allowed of, and confirmed by
the governor and council for the time being. And I do further,
on the behalf of his sacred majesty aforesaid, his heirs and successors, appoint and grant, that the said common council of the
said city, for the time being, as often as they make, ordain and
establish such laws, orders, ordinances-and constitutions, as aforesaid, shall or may make, ordain, limit, provide, set, impose, and
tax, reasonable fines and amerciaments against and upon all
persons offending against such laws, orders, ordinances and constitutions, as aforesaid, or any of them, to be made, ordained
and established as aforesaid, and the same fines and amerciaments shall and may require, demand, levy, take and receive by
warrants under the common seal, to and for the use and behoof
of the mayor, aldermen and commonalty of the said city, and
their successors, either by distress and sale of the goods and




202                            CHARTERS OF THE
chattels of the offender therein, if such goods and chattels may
be found within the said city, liberties and precincts thereof,
rendering to such offender and offenders, the overplus, or by any
other lawful ways or means whatsoever.
city officers,  8. And I do, by these presents, appoint and ordain the assignhow  and ~
when to be ing naming and appointment of the mayor and sheriff of the
appointe  said.city, that it shall be as followeth (viz.), upon the feast day
of Saint Michael, the Archangel, yearly, the lieutenant governor
or commander in chief; for the time being, by and with the
advice of his council, shall nominate and appoint such person as
he shall think fit to be mayor of the said city, for the year next
ensuing; and one other person of sufficient ability and estate,
and of good capacity in understanding, to be sheriff of the said
city of New York, for the year next ensuing: and that such
person as shall be named, assigned and appointed mayor, and
such person as shall be named, assigned and appointed sheriff of
the said city, as aforesaid, shall, on the fourteenth day of October
then next following, take their several and respective corporal
oaths, before the governor and council, for the time being, for
the due execution of their respective offices, as aforesaid; and
that the said mayor and hf  to  ninate n and sheriff so to  nominated, assigned an
appointed, as aforesaid, shall remain and continue in their said
respective offices, until another fit person shall be nominated,
appointed and sworn in the place of mayor; and one other person shall be nominated and appointed in the place of sheriff of
the said city, in manner aforesaid.  Andfitrther, That according
to the now usage and custom of the said city, the recorder, town
clerk, and clerk of the market of the said city, shall be persons
of good capacity and understanding, and such persons as his
most sacred majesty aforesaid, his heirs and successors, shall, in
the said respective offices of recorder, town clerk and clerk of
the market, appoint and commissionate; and for defect of such
appointments and commissionating, by his most sacred majesty
aforesaid, his heirs and successors, to be such persons as the
lieutenant governor and commander in chief of the said province
for the time being, shall appoint and commissionate; which persons so commissionated to the said offices of recorder, town
clerk and clerk of the market, shall have, hold and enjoy, the
said offices, according to the tenor and effect of their said commissions, and not otherwise.  And further, That the recorder,
town clerk, clerk of the market, alderman, assistants, chamberlain, high constable, petty constables and all other officers of
the said city, before they, or any of them, shall be admitted to
enter upon and execute their respective offices, shall be sworn
faithfully to execute the same, before the mayor, or any three or
more of the aldermen for the time being.  And I do, by these
presents, for and on the behalf of his most sacred majesty, his
heirs and successors, grant and give power and authority to the
mayor and recorder of the said city, for the time being, to administer the same respective oaths to them accordingly.  And




CITY OF NEW YORK.                             203
further, I do by these presents, grant, for and on the behalf of Mayor and
his most sacred majesty aforesaid, his heirs and successors, that' wfdthree
the mayor and recorder of the said city for the time being, and r more althree or more of the aldermen of the said city, not exceeding hdd sessions
five, shall be justices and keepers of the peace of his most sacred
majesty, his heirs and successors, and justices to hear and determine matters and causes within the said city and liberties, and
precincts thereof; and that they or any three or more of them,
whereof the mayor and recorder, or one of them, for the time
being, to be there, shall and may forever hereafter, have power
and authority, by virtue of these presents, to hear and determine
all and all manner of petty larcenies, riots, routs, oppressions
and extortions, and other trespasses and offences whatsoever,
within the said city of New York, and the liberties and precincts aforesaid, from time to time, arising and happening, and
which arise or happen and any ways belonging to the offices of
justices of the peace, and the correction and punishment of the
offences aforesaid, and every of them, according to the laws of
England, and the laws of the said province; and to do and execute all other things in the said city, liberties and precincts
aforesaid, so fully and in ample manner, as to the commissioners
assigned, and to be assigned for the keeping of the peace in the
said county of New York, doth or may belong.
9. And, moreover, I do by these presents, for and on the Aldermen,
behalf of his most sacred majesty aforesaid, his heirs and suc- ad ost~acessors, appoint, that the aldermen, assistants, high constable ee, to be
and petty constables, within the said city, be yearly chosen yary.
on the feast day of Saint Michael the Archangel, forever (viz.),
one alderman, one assistant and one constable, for each respective ward, and one constable for each division in the out
ward, in such public place in the said respective wards, as
the aldermen for the time being, for each ward, shall direct
and appoint; and that the aldermen, assistants and petty
constables, be chosen by majority of voices of the inhabitants
of each ward; and that the high constable be appointed by the
mayor of the said city for the time being; and that the chamberlain shall be yearly chosen, on the said feast day, in the said
city hall of the said city, by the mayor and aldermen and assistants, or by the mayor, or three or more of the aldermen, and
three or more of the assistants of the said city, for the time being.. And Ido, by these presents, constitute and appoint the
said John West to be the present town clerk, clerk of the peace,
and clerk of the court of pleas, to be holden before the mayor,
recorder and aldermen, within the said city, and the liberties
and precincts thereof. Andfurther, I do by these presents, for
and on behalf of his most sacred majesty aforesaid, his heirs and
successors, require and strictly charge and command, that the
sheriff, town clerk, clerk of the peace, high constable, petty
constables, and all other subordinate officers in the said city, for
the time being, and every of them  respectively, jointly and




204                            CHARTERS OF THE
severally, as cause shall require, shall attend upon the said
mayor, recorder and aldermen of the said city, for the time being, and every or any of them, according to the duty of their
respective places, in and about the executing of such the commands, precepts, warrants and processes of them  and every of
them, as belongeth and appertaineth to be done or executed;
and that the aforesaid mayor, recorder and aldermen, and every
Mayor, re- of them, as justices of the peace for the time being, by their or
aldermen  any of their warrants, all and every person and persons for high
just      of treason, or petty treason, or for suspicion thereof, or for other
felonies whatsoever, and all malefactors and disturbers of the
peace, and other offenders for other misdemeanors, who shall
be apprehended within the said city, or liberties thereof, shall
and may send and commit, or cause to be sent and committed
to the common jail of the said city, there to remain and be kept
in safe custody by the keeper of the said jail, or his deputy, for
the time being, until such offender and offenders shall be lawfully delivered thence. And I do, by these presents, for and on
the behalf of his most sacred majesty aforesaid, his heirs and
successors, charge and require the keeper and keepers of the
said jail for the time being, and his and their deputy and deputies, to receive, take, and in safe custody to keep all and singulor such person and persons so apprehended, or to be apprehended, sent and committed to the said jail, by warrant of the
said justices, or any of them  as aforesaid, until he and they so
sent and committed to the said jail, shall from thence be delivered by due course of law.
MIayor  to  10. Andfurther, I do grant and confirm for and on the behalf
grant licenses totavern of his most sacred majesty aforesaid, his heirs and successors,
keepers  that the said mayor of the said city, for the time being, and no
other (according to the usage and custom  practiced in the said
city of New York, in the times of my predecessors, the several
lieutenants, governors and commanders-in-chief of this province), shall have power and authority to give and grant licenses
annually, under the public seal of the said city, to all tavern
keepers, inn keepers, ordinary keepers, victuallers and all public sellers of wine, strong waters, cider, beer, or any other sort
of liquors, by retail within the city aforesaid, Manhattan's Island,
or their liberties and precincts thereof; and it shall and may be
lawful to and for the said mayor of the said city, for the time
being, to ask, demand and receive for such license by him to be
given and granted as aforesaid, such sum or sums of money as
he and the person to whom  such license shall be given or
granted shall agree for, not exceeding the sum of thirty shillings
for each license.  All which money, as, by the said mayor,
shall be so received, shall be used and applied to the public
use of the said mayor, aldermen and commonalty of the said
city of New York, and their successors, without any account
thereof to be rendered, made or done to any of the lieutenants




CITY OF NEW YORK.                            205
or governors of this province, for the time being, or any of
their deputies.
11. And know ye, That for the better government of the said Mayor, recity, and for the welfare of the said citizens, tradesmen and in- ldermen,
habitants thereof, I do by these presents, for and on the behalf of th  maYor
his most sacred majesty, his heirs and successors, give and grant three  or
more alderto the said mayor, aldermen and commonalty of the said city, men,  to
make freeand their successors, that the mayor, recorder and aldermen, or men.
the mayor and any three or more of the aldermen for the time
being, shall, from time to time, and all times hereafter, have full
power and authority under the common seal, to make free citizens of the said city and liberties thereof; and no persons or
persons whatsoever, other than such free citizens, shall hereafter use any art, trade, mystery or manual occupation, within
the said city liberties and precincts thereof, saving in the times
of fairs there to  be kept, and during the continuance of
such fairs only. And in case any person or persons whatsoever, not being free citizens of the said city, as aforesaid, shall
at any time hereafter use or exercise any art, trade, mystery
or manual occupation, or shall by himself, themselves or others,
sell or expose to sale any manner of merchandise or wares whatsoever; by.retail, in any house, shop or place, or standing within the said city, or the liberties or precincts thereof; no fair
being then kept in the said city, and shall persist therein after
warning to him  or them given, or left by the appointment of
the mayor of the said city, for the time being, at the place or
places where such person or persons shall so use or exercise
any art, trade, mystery or manual occupation; or shall sell or
expose to sale, any wares or merchandises, as aforesaid, by retail; then it shall be lawful for the mayor of the said city for the
time being, to cause such shop windows to be shut up, and also
to impose such reasonable fine for such offence, not exceeding
five pounds for every respective offence; and the same fine and
fines so imposed to levy and take by warrant under the common seal of the said city, for the time being, by distress and sale
of the goods and chattels of the person or persons so offending
in the premises, found within the liberties or precincts of the said
city, rendering to the party or parties the overplus; or by any
other lawful ways or means whatsoever to the onlyuse of the said
mayor, aldermen and commonalty of the said city of New York,
and their successors, without any account to be rendered, made
or done to the lieutenants, governors, or commanders-in-chief
of this province for the same: Provided, That no person or persons shall be made free as aforesaid, but such as are his majesty's
natural born subjects or such as shall first be naturalized by act
of general assembly; or shall have obtained letters of denization,
under the hand of the lieutenant governor or commander in chief
for the time being, and seal of the province: and that all persons to be made free as aforesaid, shall and do pay for the public use of the said mayor, aldermen and commonalty of the said




206                            CHARTERS OF THE
city, such sum  and sums of money as heretofore hath beer
used and accustomed to be paid and received on their being admitted freemen as aforesaid: Provided, It is not exceeding tlh
sum of five pounds.
Corporation   12. And further, I do by these presents, for and on the behalf
lnds. holf his most sacred majesty aforesaid, his heirs and successors,
grant to the mayor, aldermen and commonalty of the said city,
that they and their successors be forever persons able and
capable, and shall have power to purchase, have, take and possess in fee simple, lands, tenements, rents, and other possessions
within or without the same city, to them and their successors
forever, so as the same exceed not the yearly value of one
thousand pounds per annum, the Statute of MIortmain or any
other law to the contrary notwithstanding; and the same lands,
tenements, hereditaments and premises, or any part thereof, to
demise, grant, lease, set over, assign and dispose at their own
will and pleasure; and to make, seal and accomplish, any deed
or deeds, lease or leases, evidences or writings, for or concerning
the same, or any part thereof, which shall happen to be made
and granted by the said mayor, aldermen and commonalty of
the said city for the time being.
13. And further, I do by these presents, for and on the behalf
of his most sacred majesty aforesaid, his heirs and successors,
grant to the said mayor, aldermen and commonalty, that they
and their successors shall, and may forever hereafter, hold and
keep within the said city, in every week of the year, three
market days, the one upon Tuesday, the other upon Thursday,
and the other upon Saturday, weekly forever.
To lay out 14. And also, I do by these presents, for and on the behalf
and build" of his most sacred majesty aforesaid, his heirs and successors,
grant to the mayor, aldermen and commonalty of the said city,
that they and their successors and assigns, shall and may at any
time or times hereafter, when it to them shall seem fit and convenient, take in, fill and make up, and lay out, all and singular,
the lands and grounds in and about the said city and Island
Manhattan's, and the same to build upon, or make use of, in
any other manner or way, as to them  shall seem fit, as far
into the rivers thereof, and that encompass the same, at low
water mark aforesaid.
To   hold  15. And I do, by these presents, for and on the behalf of his
courts  of most sacred majesty aforesaid, his heirs and successors, give
pleas   and grant unto the aforesaid mayor, aldermen and commonalty
of the said city of New York, and their successors, that they
and their successors shall and may have, hold and keep, within
the said city and liberties, and precincts thereof, in every
week in every year forever, upon Tuesday, one court of common
pleas, for all actions of debt, trespass, trespass upon the case, detinue, ejectment and other personal actions; and the same to
be held before the mayor, recorder and aldermen, or any three
of them, whereof the mayor or recorder to be one, who shall




CITY OF NEW YORK.                           207
have power to hear and determine the same pleas and actions,
according to the rules of the common law, and acts of the General Assembly of the said province.
16. And I do, by these presents, for and on behalf of his Grant to tho.  corporation
most sacred majesty aforesaid, his heirs and successors, grant to oarl th-ir
the said mayor, aldermen and commonalty of the said city of fomsr fratNew York, and their successors, that the said mayor, aldermen
and commonalty of the said city and their successors shall have
and enjoy all the privileges, franchises and powers, that they
have and use, or that any of their predecessors, at any time
within the space of twenty years last past, had, took, or enjoyed, or ought have had, by reason, or under any pretence of
any former charter, grant, prescription, or any other right, custom, or usage, although the same have been forfeited, lost, or
have been ill-used, or not used, or abused, or discontinued, albeit
they be not particularly mentioned; and that no officer shall
disturb them therein under any pretence whatsoever, not only
for their future, but their present enjoyment thereof; provided
always, that the said privileges, franchises and powers be not
inconsistent with or repugnant to the laws of his majesty's
kingdom of England, or other the laws of the General Assembly
of this province as aforesaid. And saving to his most sacred
majesty aforesaid, his heirs, successors and assigns, and the
lieutenants, governors and commanders in chief, and other officers under him and them in Fort James, in or by the city of
New York, and in all the liberties, boundaries, extents, privileges thereof, for the maintenance of the said fort or garrison
there, all the right, use, title and authority, which they or any
of them have had, used or exercised there; and also, one messuage or tenement next the City Hall, and one messuage by the
fort, now in the possession of Thomas Coker, Gent. The piece of
ground by the gate, called the Governor's Garden, and the land
without the gate, called the King's Farm, with the swamp next
to the same land by the fresh water; and saving the several
rents and quit rents reserved, due and payable from  several Qeut vrent
persons inhabiting within the said city and Island Manhattan's,
by virtue of former grants to them made and given, and saving
to all other persons, bodies politic and corporate, their heirs,
successors and assigns, all such right, title and claim, possessions, rents, services, commons, emoluments, interest in and to
anything, which is their's (save only the franchises aforesaid), in
as ample manner as if this charter had not been made.
17. And further, I do appoint and declare, that the incorpora- Grants  to
tion to be founded by this charter shall not at any time here- uses saved.
after do or suffer to be done anything by means whereof the
lands, tenements or hereditaments, stocks, goods or chattels
thereof, or in the hands, custody, or possession of any of the citizens of the said city, such as have been set, let, given, granted
or collected, to and for pious and charitable uses, shall be
wasted or misemployed contrary to the trust or intent of the




208                          CHARTERS OF THE
founder or giver thereof, and that such and no other construction shall be made thereof than that which may tend most to
advantage religion, justice and the public good; and to suppress all acts and contrivances to be invented, or put in use
contrary thereunto.  In witness whereof, I have caused these
presents to be entered in the secretary's office, and the seal of
the said province to be hereunto affixed, this seven and twentieth day of April, in the second year of the reign of his most
sacred majesty aforesaid, and in the year of our Lord God, one
thousand six hundred and eighty-six.
THOMAS DONGAN.
By virtue, or under pretext whereof, the said citizens and
inhabitants, from the date thereof, hitherto have held or claim
to hold and still do hold, or claim to hold and enjoy, all and singular the rights, privileges, franchises, pre-eminences, advantages,
jurisdictions, courts, powers, profits, immunities, lands, tenements, hereditaments, and other the premises therein particularly
mentioned and thereby intended to be granted.  And whereas,
the citizens and inhabitants of the said city of New York, besides
the several public buildings, accommodations, conveniences,
and other things in the before-recited grant or writing mentioned to have been by them erected, built and appropriated,
have, since the making thereof, built and appropriated, at their
own proper costs and charges, several public buildings, accomRecital of modations and conveniences, for the said city, that is to say, the
other build- present city hall and jails, rooms and places for the sitting of
ings made courts of justice and chambers adjoining, with the ground and
appurtenances thereunto belonging, five market-houses, the
present crane and bridge, with the common sewer leading
through the great dock, and a magazine or powder-house near
the fresh water, and several other public buildings and conveniences in the said city; and have built the new ferry-houses
on the island of Nassau for the reception of travellers, with a
barn, stables and pen, or pound for cattle. And whereas, our
late royal predecessor, Queen Anne, by her letters patent, under
the broad seal of the province of New York made, bearing date
the nineteenth day of April, in the seventh year of her reign,
did grant, ratify and confirm unto the then mayor, aldermen
and commonalty of the city of New York, and to their successors
QueenAnne's and assigns, in these words following, to wit: Anne, by the
c708te   grace of God, of England, Scotland, France and Ireland, queen,
defender of the faith, &c.: To all whom these presents may in
any wise concern, sendeth greeting: Whereas, the mayor, aldermen and commonalty of the city of New York, by their petition
to our right trusty and well beloved cousin Edward Viscount
Cornbury, our captain-general and governor in chief, in and over
our province of New York and territories depending thereon in
America, and vice-admiral of the same, &c., preferred in council;
therein setting forth, that they have a right and interest, under




CITY OF NEW YORK.                           209
divers ancient charters and grants by divers former governors
and commanders in chief of our said province of New York,
under our noble progenitors, in a certain ferry from the said
city of New York, over the East River to Nassau Island (alias
Long Island), and from the said island to the said city again,
and have possessed the same, and received all the profits, benefits
and advantages, thereof, for the space of fifty years and upwards; and perceiving the profits, advantages and benefits usually issuing out of the same to diminish, decrease and fall short
of what might be reasonably made of the same, for the want of
the bounds and limits to be extended and enlarged on the said
island side, whereby to prevent divers persons from transporting
themselves and goods to and from  the said Island Nassau (alias
Long Island) over the said river, without coming or landing at
the usual and accustomed places, where the ferry boats are
usually kept and appointed, to the great loss and damage of
the said city of New York; have humbly prayed our grant and
confirmation, under the great seal of our said province of New
York, of the said ferry, called the Old ferry, on both sides of
the East River, for the transporting of passengers, goods,
horses and cattle to and from the said city, as the same is now
held and enjoyed by the said mayor, aldermen and commonalty of the said city of New York, or their under-tenant or undertenants; and also, of all the vacant and unappropriated land,
from high water mark to low water mark, on the said Nassau
Island (alias Long Island), lying contiguous and fronting the
said city of New York, from a certain place called the Wallabout unto the Red Hook, over against Nutten Island, for the better improvement and accommodation of the said ferry; with full
power, leave and license to set up, establish, maintain and keep
one or more ferry or ferries, for the ease and accommodation
of all passengers and travellers, for the transportation  of
themselves, goods, horses and cattle over the said river, within
the bounds aforesaid, as they shall see meet and convenient and
occasion require; and to establish, ordain and make by-laws,
orders and ordinances, for the due and orderly regulation of
the same: The which petition we being minded to grant.
Know ye, that of our especial grace, certain knowledge and meer
motion, we have given, granted, ratified and confirmed, and in
and by these presents, for us, our heirs and successors, we do Grant to the
give, grant, ratify and confirm unto the said mayor, aldermen corPorati,
and commonalty of the city of New York, and to their success- ferry
ors and assigns, all that the said ferry called the Old ferry, on
both sides of the said East River, for the transportation of passengers, goods, horses and cattle over the said river, to and from
the said city and island, as the same is now used, held and
enjoyed by the said mayor, aldermen and commonalty of the
city of New York or their under tenant or under tenants, with
all and singular the usual and accustomed ferriage fees, perquisites, rents, issues, profits and other benefits and advantages
14




210                            CHARTERS OF THE
whatsoever, to the said Old ferry, belonging or therewith used,
And of ai or thereout arising; and also, all that the aforesaid vacant and
on Nasau unappropriated ground lying and being on the said Nassau
iland, hbe Island (alias Long Island), from  high water mark to low water
tween high
and low w- mark, aforesaid, contiguous and fronting the said city of New
from  the York, from the aforesaid place called the Wall-about to Red Hook
Wall-about
to RedHok. aforesaid; that is to say, from the east side of the Wall-about
opposite the now dwelling-house of James Bobine, to  the
west side of the Red Hook, commonly  called the fishing
place, with all and singular the appurtenances, and hereditaments to the same, or any part or parcel thereof belonging, or in any wise of right appertaining; together with all
and singular the rents, issues, profits, ways, waters, easements,
and all other benefits, profits, advantages, and appurtenances,
which heretofore have, now are, and which hereafter shall belong to the said ferry, vacant land and premises hereinbefore
granted and confirmed, or to any or either of them in any wise
appertaining, or which heretofore have been, now are, and which
hereafter shall belong, be used, held, received, and enjoyed; and
all our estate, right, title, and interest, benefit and advantage,
claim and demand, of, in, or to the said ferry, vacant land and
premises, or any part or parcel thereof, and the reversion and
reversions, remainder and remainders, together with the yearly
and other rents, revenues, and profits of the premises, and of
every part and parcel thereof; except and always reserved out
of this our present grant or confirmation, free liberty, leave and
license, to and for all and every person or persons, inhabiting or
Iaving plantations near the said river, by the water side, within
the limits and bounds above mentioned, to transport themselves,
goods, horses, and cattle over the said river to and from the said
city of New York and Nassau Island (alias Long Island) to and
from their respective dwellings or plantations, without any ferriage or other account to the said ferry, hereby granted and
confirmed to be paid or given; so always as the said person or
persons do transport themselves only, and their own goods, and
in their own boats only, and not any stranger or their goods,
horses, or cattle, or in any other boat: To have and to hold, all
and singular the said ferry, vacant land, and premises hereinbefore granted and confirmed, or meant, mentioned, or intended
to be hereby granted and confirmed (except as is hereinbefore
excepted), and all and singular the rents, issues, profits, rights,
members, and appurtenances to the same belonging or in any
wise of right appertaining unto the said mayor, aldermen, and
commonalty of the city of New York, and their successors and
assigns forever; to the only proper use and behoof of the said
mayor, aldermen, and commonalty of the city of New York, and
their successors and assigns forever; to be holden of us, our
heirs and successors, in free and common socage, as of our manor
of East Greenwich, in the county of Kent, within our kingdom
of England; yielding, rendering, and paying unto us, our heirs,




CITY OF NEW YORK.                             211
and successors, for the same yearly at our custom-house of New
York, to our collector and receiver-general there for the time
being, at or upon the feast of the nativity of St. John the Baptist, the yearly rent or sum of five shillings, current money of
New York.
And we do further, of our especial grace, certain knowledge Grant  of
and meer motion, for us, our heirs, and successors, give and Pow to es
grant unto the said mayor, aldermen, and commonalty, and their aY'Y ferris
successors, full and free leave and license to set up, establish, think fit.
keep, and maintain one or more ferry or ferries, as they shall
from time t6 time think fit and convenient, within the limits and
bounds aforesaid, for the ease and accommodation of transporting of passengers, goods, horses, and cattle, between the said
city of New York and the said island (except as is hereinbefore
excepted), under such reasonable rates and payments as have
been usually paid and received for the same; or which at any
time hereafter shall be by them established by and with the consent and approbation of our governor and council of our said
province for the time being.  And we dofitrther, of our especial
grace, certain knowledge and meer motion, give and grant unto
the said mayor, aldermen, and commonalty of the city of New
York and their successors, full and absolute power and authority, to make, ordain, establish, constitute, and confirm  all manner of by-laws, rules, ordinances, and directions for the more
orderly keeping, and regularly maintaining the aforesaid ferry
that is now kept, or any ferry or ferries which shall at any time
or times hereafter be set up, established or kept within the
bounds aforesaid, by virtue hereof, or of, for, touching or concerning the same (so always as the same be not contrary to our
laws of England, and of our province of New York), and the
same at all times hereafter to be put in execution, or abrogate,
revoke or change, as they in their good discretion shall think
fit and most convenient for the due and orderly keeping, regulating, and governing the said ferry or ferries hereinbefore mentioned.
And lastly, our will and pleasure is, and we do hereby declare
and grant, that these our letters patent or the record thereof, in
the secretary's office of our said province of New York, shall be
good and effectual in the law to all intents and purposes whatsoever, notwithstanding the not true and well reciting or mentioning of the premises or any part thereof, or the limits and
bounds thereof, or of any former or other letters patents, or
other grants whatsoever made or granted; or of any part thereof; by us or any of our progenitors, unto any person or persons
whatsoever, bodies politic or corporate, or any law or other restraint, incertainty or imperfection whatsoever, to the contrary
or in any wise notwithstanding, and although express mention
of the true yearly value or certainty of the premises or any of
them, or of any other gifts or grants by us or any of our progenitors, heretofore made to the said mayor, aldermen, and common



212                           CHARTERS OF THE
alty of New York, in these presents, is not made, or any other
matter, cause, or thing whatsoever to the contrary thereof,
in any wise notwithstanding. In testimony whereof, we have
caused these our letters to be made patent, and the seal of our
said province of New York to our said letters patent to be
affixed, and the same to be recorded in the secretary's office of
our said province.  Witness our right trusty and well beloved
cousin Edward Viscount Cornbury, captain-general and governor in chief in and over our province of. New York aforesaid,
and territories thereon depending in America, and vice-admiral
of the same, &c., in council at our fort in New York, the nineteenth day of April in the seventh year of our reign Annoq.
Domini, one thousand seven hundred and eight.
By virtue, or under pretext whereof, the said inhabitants and
citizens of the city of New York have held and enjoyed, or have
claimed to hold and enjoy, and still do hold or claim to hold, the
Recitals to ferry, vacant land, perquisites, profits, privileges, powers, and
the  present
charter of other premises in the before recited letters patent mentioned
1730.    and intended to be thereby granted. And whereas, besides all
the aforesaid particulars in the said grant or instrument made
in the aforesaid year of our Lord one thousand six hundred eighty
and six, and in the before recited lette patent of Queen
Anne, mentioned or intended to be thereby granted, the citizens
and inhabitants of the said city of New York have anciently
held or claimed to hold, use, and enjoy divers and sundry other
rights, privileges, franchises, pre-eminences, advantages, jurisdictions, emoluments, powers, profits, immunities, lands, tenements, and other hereditaments, as well by prescription as by
divers grants and confirmations of and from  divers governors,
lieutenant governors, and commanders in chief of the said province, by the name of mayor, aldermen, and commonalty of the city
of New York, and by divers other names, stiles, and titles and
otherwise.
And whereas, divers questions, doubts, opinions, ambiguities,
controversies and debates have arisen and been made, as well
upon and concerning the validity and force of the said recited
grant or writing, dated in the year of our Lord one thousand six
hundred and eighty-six, and the before recited letters patent of
Queen Anne, as upon all and every the other grants and confirmations of divers governors, lieutenant governors and commanders
in chief, made to our city of New York, as aforesaid, by reason
of the variety of names, stiles, titles and incorporations aforesaid, and by reason that the before recited grant or instrument,
dated in the year of our Lord one thousand six hundred and
eighty-six, and the other grants and confirmations of divers governors, lieutenant governors and commanders in chief, were
made in the governors' own names respectively, when they
should have been made in the respective names, stiles and titles
of former kings and queens, our royal predecessors, under whom
they were governors, lieutenant governors or commanders in




CITY OF NEXW YORK.                           213
chief, respectively, and by reason, as some suggest and say, that
the said city, or inhabitants or citizens thereof, never were well,
regularly or legally incorporated, and for want thereof none of
all the said grants, confirmations, instruments or letters patent,
hereinbefore mentioned, could take effect or operate; and for
divers other defects in all, some or one of the aforesaid grants,
confirmations and writings; and also upon the validity and force
of the prescription aforesaid.  And whereas, our well-beloved
subjects, the mayor, aldermen and commonalty of our said city
of New York, by their humble petition presented to our trusty
and well beloved John Mlontgomerie, Esq., our captain general
and governor in chief of our provinces of New York and New
Jersey, and territories depending thereon in America, and viceadmiral of the same, &c., in council, reciting, among other
things, that the city of New York is an ancient city, and the
citizens thereof have anciently held and used, and still do use
and hold divers and sundry rights, liberties, privileges, franchises,
free customs, pre-eminences, advantages, jurisdictions, emoluments, immunities, lands, tenements, public buildings and hereditaments, as well by the name of the mayor, aldermen and commonalty of the city of New York, as otherwise, to the advancement of the said city in the number of its buildings and inhabitants, whereby the said city is become a considerable seaport,
and exceedingly necessary and useful to our kingdom of Great
Britain, in supplying our governments in the West Indies with
bread, flour and other provisions; wherefore they prayed,
among other things, for our confirmation and grant to the said
city and corporation, by the name, stile and title of the mayor,
aldermen and commonalty of the city of New York, of all their
lands, tenements, public buildings and hereditaments, wharves,
docks, bridges, slips, ferries, cranes, grants, charters, rights,
liberties, privileges, franchises, free customs, pre-eminences,
advantages, jurisdictions, emoluments and immunities, now and
heretofore by them held and enjoyed; and that they might have
the soil four hundred feet beyond low water mark, on Hudson's
river, from a certain creek or kill called Bestaver's Killitie,
southard to the fort, and from thence the same number of feet
beyond low water mark, round the fort and along the East
River as far as to the north side of a certain hill called Corlaer's
hook; and also for a grant of such other powers, liberties, franchises, rights, free customs, jurisdictions, privileges, immunities
and things as may be needful for the good rule and government
of the said city.  And we, considering that the strength and
increase of our good subjects, in that our frontier province of
New York, does in a great measure depend upon the welfare
and prosperity of our said city, wherein the trade and navigation thereof are chiefly and principally carried on, promoted and
encouraged; and we, affecting the good and happy estate of our
said city, and the steady loyalty and integrity of the inhabitants
and citizens thereof, are very desirous and willing to give




214:                           CHARTERS OF THE
encouragement to the said city, inhabitants and citizens, and to
remove, utterly abolish, and wholly take away all and all manner of causes, occasions and matters, whereupon such questions,
doubts, opinions, ambiguities, controversies or debates as aforesaid, or any other questions or doubts may or can arise; and in
order thereunto, we have thought fit, them, the said inhabitants
and citizens of the said city of New York (by whatsoever name
or names they have been or were incorporated, or whether they
have been or were heretofore incorporated or not), into one
body politic and corporate, by the name'of the mayor, aldermen
and commonalty of the city of New York, by our letters to make,
constitute, confirm, renew and of new to create. A, ndwe, being
also further willing and fully intending and desiring that the
said inhabitants and citizens of our said city, by the name aforesaid, should have perpetual succession, and should hold, possess
and enjoy all and singular, the rights, privileges, liberties, franchises, pre-eminences, advantages, jurisdictions, courts, powers,
offices, authorities, ferries, fees, fines, perquisites, profits, immunities, rents, possessions, lands, tenements and other hereditaments, not only which in the before recited grants, confirmations, writings and letters patent are mentioned, or intended to
be thereby granted, but also, which they have held or claim to
hold, by prescription or otherwise, with the alterations and
enlargements thereof and additions thereto, in such manner and
form as hereafter is mentioned and contained, notwithstanding
the before mentioned or any other question, doubts, opinions,
ambiguities, debates, faults, or imperfections.
Charter of  1. Wherefore know ye, That we of our especial grace, certain
1730.    knowledge and meer motion, have willed, ordained, constituted,
confirmed, given and granted, and by these presents for us, our
heirs and successors, do will, ordain, constitute, confirm, give and
grant, that our said city of'New York be, and from henceforth forever hereafter shall be and remain a free city of itself; and that the
mayor, aldermen and commnonalty of the said city, and their
successors from henceforth forever hereafter shall be and remain
Corporation one body corporate and politic, in re-faicto and nomine, by the
th nenmebof name of the mayor, aldermen and commonalty oJ the city of New
the mayor, York, and them and their successors by the name of the mayor,
aldermen
and  cor- aldermen and commonalty of the city of New York, one body cormonalty of
the city of porate, in re-facto and nomine, really and fully we do, for us, our
NowYor.k. heirs and successors, erect, make, ordain, constitute, confirm,
declare and create, by these presents, and that by that name
they shall and may have perpetual succession; and also, that
they and their successors, by the said name of the mayor, aldermen and commonalty of the city of New York be, and forever hereafter shall be, persons able in law, and capable to sue and be
sued, implead and be impleaded, answer and be answered unto,
defend ana be defended, in all courts and places before us, our
heirs and successors, and before all and any the judges, justices,
officers and ministers of us, our heirs and successors, and else



CITY OF NEW YORK.                            215
where in all and all manner of actions, suits, complaints, pleas,
causes, matters and demands whatsoever, and of what kind or
nature soever, in as full and ample manner and form as any of
our other liege subjects of our said province, being persons able
and capable in law, can or may sue and be sued, implead and
be impleaded, answer and be answered unto, defend and be defended, by any lawful ways and means whatsoever.  And also,
That they and their successors, by the name of the mayor, aldermen and commonalty of the city of New York, be, and shall be forever hereafter, persons capable and able in law to purchase,
take, hold, receive, enjoy and have any messuages, houses,
buildings, lands, tenements, rents, possessions and other hereditaments and real estate, within or without our said province, in
fee and forever, or for time of life or lives or years, or in any
other manner; and also goods, chattels and all other things of
what kind or quality soever. And also, That they and their
successors by the same name of the mayor, aldermen and commonalty of the city of New York, shall and may give, grant, demise,
assign and sell, or otherwise dispose of all or any the messuages,
houses, buildings, lands, tenements, rents, possessions and other
hereditaments and real estate, and all their goods, chattels, and
other things aforesaid, as to them shall seem meet, at their own
will and pleasure.
And also, That the said mayor, aldermen and commonalty of
the city of New York, for the time being, and their successors,
shall and may forever hereafter have and use a common seal for
sealing all and singular deeds, grants, conveyances, contracts,
bonds, articles of agreements, assignments, powers, authorities,
and all and singular their affairs and things touching or concerning the said corporation. And, by virtue of these our letters,
it shall and may be lawful to and for the said mayor, aldermen
and commonalty of the city of New York, and their successors,
as they shall see cause, to break, change and new-make the
same, or any other common seal, when and as often as to them
it shall seem convenient.
2. And we do further, of our special grace, certain knowledge, Extent of the
and meer motion, for us, our heirs and successors, give, grant,
order and appoint that the said city of New York, and the compass, precincts, circuit, bounds, liberties and jurisdictions of the
same do reach, extend and stretch forth, and shall and may
reach, extend and stretch forth, as well in length as in breadth
and circuit, in and through the limits and boundaries following,
to wit: To begin at the river, creek or run of water called Spyt
den Duyvel, over which King's bridge is built, where the said
river or creek empties itself into the North river, on Westchester side thereof, at low  water mark, and so to run along the
said river, creek or run, on Westchester side, at low water
mark, unto the East river or Sound, and from  thence to cross
over to Nassau Island, to low water mark there, including Great
Barn Island, Little Barn Island and Manning's Island, and from




216                          CHARTERS OF THE
thence all along Nassau Island shore, at low water mark, unto
the south side of Red Hook; and from thence to run a line
across the North river, so as to include Nutten Island, Bedlow's
Island, Bucking Island and the Oyster Island, to low water
mark on the west side of the North river, or so far as the limits
of our said province extended there, and so to run up along the
west side of the said river at low water mark, or along the limits
of our said province, until it comes directly opposite to the first
mentioned river or creek, and thence to the place where the
said boundaries first began. And also, that the said city, wilhcity divided in the limits and jurisdictions thereof as aforesaid, be, and fornto wards. ever hereafter shall be, and remain divided into seven wards, to
wit: the West ward, the South ward, the Dock ward, the East
ward, the North ward, AMontgomerie ward and the Out ward;
each and every of which wards shall contain and comprehend,
and reach and extend through the several limits and bounds
following, to wit:
west ward.   The West ward to begin at the middle of the east end of the
street that goes from the parade to the North river, between the
lot of ground now in fence, belonging to Charles Sleigh, and
the house and ground late of Thomas Elde; and from thence to
run a direct line over the middle of the west end of Beaver
street, and so along to the middle of Beaver street, till it comes
directly opposite to the middle of the south end of New street,
and to run along the middle of New street to the north end
thereof; and from thence to run to the rear of the dwellinghouse now in the possession of Domine Du Bois, and from
thence to run all along the rear of the houses that front the
Broadway up to the north part of the rear of Spring Garden
house; and from thence to run up a line, as the Broadway runs,
to the end thereof, including the said Broadway; and John
Harris, his house, and to include all other houses hereafter to
be built fronting the said Broadway, and from the north end of
the Broadway to continte and run a line, as the said street runs,
until it comes directly opposite to Bestaver's Killitie or rivulet,
and from thence to run to the said Bestaver's Killitie, and so to
continue the said line four hundred feet beyond low water
mark into the North river, and so down the said North river,
always keeping four hundred feet beyond low water mark, until
it comes directly opposite to the middle of the west end of the
first mentioned street; and so to run to and through the middle
of the said street to the place where the said West ward first
began.
South ward.  The South ward to begin at the middle of Wall street, where
the line of the West ward runs across the same, and from thence
down the middle of Wall street, until it comes directly opposite
to the middle of the north end of Broad street; and from thence
down the middle of Broad street to the long bridge; and from
thence to the eastward of, and to include the said long bridge,
and the market-house at the south end of the said street; and




CITY OF NEW YORK.                          217
from thence to continue and run a southeast line across the East
river to low water mark on Nassau Island shore; and from
thence to run along the said shore at low water mark, to the
south side of Red Hook, and from thence to run a line across
the North river so as to include Nutten Island, Bedlow's Island,
Bucking Island and the Oyster Island, to low water mark on the
west side of the North river; and so to run up along the west
side of said river at low water mark, until it comes directly opposite to Bestaver's Killitie or rivulet; and from thence to run
to the northwesterly corner of the West ward, at four hundred
feet beyond low water mark; and from thence along the bounds
of the said West ward, till it comes to the southwesterly end
thereof; and from thence still along the bounds of the West
ward, through the street by the parade, and through Beaver
street and New street, to the place where the South ward began.
The Dock ward to begin at the middle of Wall street, directly Dock ward
opposite to the middle of the north end of Broad street,, and
from thence down through the middle of Wall street until it
comes to the middle of Smith street, then down through the
middle of Smith street to a place called Marten Clock's Corner,
including the small street between the house late of the said
Marten Clock, and the slip, and so to continue and run a line as
the said small street runs into the East river, four hundred feet
below low water mark; thence running westerly, keeping four
hundred feet below low water mark, till it comes to the bounds
of the South ward, and from thence along the bounds of the
South ward, up to the middle of Broad street to the place where
the said Dock ward began.
The East ward to begin at the northeasterly corner of the Eastward.
Dock ward, in the middle of Smith street, and so run from thence
up through the middle of the said street, till it comes directly
opposite to the middle of the northeasterly end of Golden Hill
street; and from thence to run down through the middle of the
said street to the middle of the southeasterly end thereof; and
from thence to run through the middle of Rodman's slip to the
East river; and from thence to continue and run a line as the
said slip runs into the East river, four hundred feet below low.
water mark, till it comes to the southeasterly end of the Dock
ward; and so along the bounds of the Dock ward up through
the middle of Smith street to the place where the East ward
began.
The North ward to begin where the East ward begins, in the North ward.
middle of Smith street, and so to run from thence through the
middle of the said street, so far as it runs, and so to continue a
line from the end of the said street as the street runs to the
south side of the creek that runs from fresh water into the East
river; and from thence running a north course till it comes to
the bounds of the West ward; and from thence running along
the bounds of the said West ward towards Spring garden, and
all along the rear of the houses fronting the Broad way, and so




218                           CHARTERS OF THE
still along the bounds of the said West ward to the middle of
Wall street, where the West ward runs across the same; and
from thence down the middle of Wall street along the bounds of
the South ward and the Dock ward, to the place where the said
North ward began, including in the same ward, the powderhouse, the city hall and the Presbyterian meeting-house.
Montgom nerie  Montgomerie ward to begin at the southeasterly corner of the
East ward, opposite to Rodman's slip, four hundred feet below
low water mark in the East river, and from t thence to run along
the bounds of the East ward, to and through the middle of
Rodman's slip, and all through the middle of Golden Hill street,
till it meets with the boundaries of the North ward, and the
middle of Smith street, and so along the bounds of the North
ward, through the middle of Smith street to the rivulet that
runs from fresh water into the East river; from thence along the
said rivulet so far as it goes, till it empties itself in the said East
river; and from thence to run a southeast line four hundred feet
beyond low water mark into the said East river, and from thence
running westerly, keeping four hundred feet beyond low water
mark, to the place where the said Montgomerie ward began.
utward.    The Out ward to begin at the northwesterly corner of the
South ward, at low water mark, on the west side of the North
river, over against Bestaver's Killitie or rivulet, and from thence
to run 1up along the west side of the said river at low watermark,
until it comes directly opposite to the river, creek, or run of
water, called Spyt den Duyvel, over which King's bridge is built;
and from thence to run to the said creek, or river, to the Westchester side thereof, at low water mark, and so to run along the
said river, creek or run, on Westchester side, at low water mark
into the East river or Sound, and from  thence to cross over to
Nassau Island to low water mark there, including Great Barn
Island, Little Barn Island, and Manning's Island; and from
thence along Nassau Island shore, at low water mark, to the
bounds of the South ward; and from thence along the bounds
of the South ward, to the Dock ward, the East ward and Montogomerie ward, to the place where the said Montgomerie ward
and the North ward meet, at the rivulet that runs from fresh
water, and so to run a north course as the said North ward runs,
till it comes to the bounds of the West ward; and from thence
along the bounds of the West ward to the northwesterly corner
thereof, at four hundred feet beyond low water mark, near
Bestaver's Killitie or rivulet, and from thence along the bounds
of the South ward to the place where the said Out ward began.
corporato    And we do further, of our special grace, certain knowledge and
meer motion for us, our heirs and successors, will, ordain, give and
grant that there be, and forever hereafter shall, and may be, one
mayor, one recorder, seven aldermen, seven assistants, one sheriff,
one coroner, one common clerk, one chamberlain, one high constable, sixteen assessors, seven collectors, sixteen constables, and
one marshal, appointed, nominated, elected, chosen, and sworn,




CITY OF NEW YORK.                            219
in and for the said city of New York, and the precincts and
limits thereof, out of the freeholders or freemen, inhabitants of
the said city, in manner and form  as hereinafter is particularly
mentioned; and for the better execution of our will, gift, and
grant in this behalf, we have assigned, named, constituted, and
made, and by these presents, for us, our heirs and successors, do
assign, name, constitute, and make our well-beloved Robert
Lurting, Esq., to be the present Mayor of the same city, to do
and execute all things which unto the office of the mayor of the
said city doth or may belong, or in any wise appertain. And
we do moreover, for us, our heirs, and successors, give, grant, ratify and confirm  unto the said mayor of our said city of New
York, and to his successors, and to the mayor of the said city
for the time being, and to each of them forever, full power and
authority to depute and appoint one of the aldermen of the said
city for the time being, to be approved of by the governor or
commander-in-chief of the said province for the time being, in
the place of the mayor of the said city for the time being; and
as his deputy, in all matters and respects to act and do all things
which to the office of the mayor of the said city, within the
limits, liberties, and precincts thereof, do or ought to belong,
during the sickness or in the absence of the said mayor for the
time being.
4. And we do hereby will and grant, That every such deputy or Deputy
person so to be appointed and approved of, after havitng taken mayr'
such oath as hereinafter is directed for every such deputy to
take, shall have as full power and authority to act and do, in
the sickness or absence of the mayor of the said city, for the
time being, all and singular those things which to the office of
mayor of the said city belongs, or shall belong or appertain, to
all intents and purposes, as the mayor of the said city, for the
time being, by virtue of these presents or otherwise, hath, shall,
or ought to have.  And we dofitrther, for us, our heirs and successors, will, ordain, and grant that, in case it should happen
that the present mayor of the said city, or any of his successors, or any of the mayors of the said city, for the time being,
should happen to die before any other fit person shall be appointed
and sworn mayor of the said city, in their respective rooms and
places, then and in every such case, upon the death of such
mayor, such alderman for the time being (who shall have been
so appointed and approved of as aforesaid, to act in the place
of or as deputy to such mayor), shall be, and he is hereby,
appointed and declared mayor of the said city, and to continue and be continued in, and to execute the same office of
mayor of the said city, from the death of such mayor so dying,
until another fit person shall be appointed and sworn mayor of
the said city, in such manner as in and by these presents is
hereafter directed for the respective mayors of the said city, to
be appointed and sworn, and so as often as such case shall
happen.




220                           CHARTERS OF THE
5. And further we have assigned, ordained, named, and constituted, and by these presents do, for us, our heirs and successors,
assign, ordain, name and constitute our trusty and well-beloved
Francis Harrison, Esq. (one of our council of our said province
Recorder.  of New York), to be the present recorder of our said city, to
do and execute all things which unto the office of recorder of
the said city doth or may belong, or in any manner appertain,
and to continue and be continued in and to execute the said
office, until another fit person shall be appointed and sworn in
the office.  And we do hereby appoint, That the Governor or
commander-in-chief for the said province for the time being, at
any time or times, when, or as often as they or such of them
think fit, may displace and remove the present recorder, or any
other recorder, hereafter to be appointed.
Aldermen.   6. And we do, for us, our heirs and successors, assign, name,
constitute, and appoint John Cruger, Harmanus Van Gelder,
Frederick Phillipse, Gerardus Stuyvesant, Anthony Rutgers,
John Roosevelt, and Johannes Hardenbrook, Esqrs., citizens and
inhabitants of the said city of New York, to be the present alAsistants dermen of the said city; and Egbert Van Borsom, Samuel Kip,
John Chambers, John Moore, Isaac De Peyster, Petrus Rutgers,
and Gerardus Beekman, gents., to be the present assistants of
the said city, to wit: The said John Cruger to be alderman, and
John Moore to be assistant, for the Dock ward of the said city;
Harmanus Van Gelder to be alderman, and John Chambers to
be assistant, for the West ward of the said city; Col. Frederick
Phillipse to be alderman, and Isaac De Peyster to be assistant,
for the South ward of the said city; Gerardus Stuyvesant to be
alderman, and Samuel Kip to be assistant, for the Out ward of
the said city; Anthony Rutgers, Esq., to be alderman, and Egbert Van Borsom to be assistant, for the North ward of the said
city; John Roosevelt to be alderman, and Petrus Rutgers to be
assistant, for the East ward of the said city; Johannes Hardenbrook to be alderman, and Gerardus Beekman to be assistant,
for Montgomerie ward of the said city.
Chamberlain  7. And we do, also, hereby nominate and appoint Cornelius
herif, coro-h De Peyster to be the present chamberlain and treasurer of the
ner, high
constable city aforesaid; Colonel Henry'Beekman to be the present shern   iff of the said city; Richard Nichols, gent., to be the present
coroner of the said city; Edmund Peers to be the present high
constable, and Robert Crannel to be present marshal of the said
city.
Assessors,   8. And also, We do hereby nominate and appoint John Le
and conrta- Montes, David Abeel, assessors; Nicholas Van Taerling, collector,
b'es.    and John Scott, constable, for the South ward of the said city;
John Thurman and John Bogart, assessors, and John Pearse, collector, for the West ward of the said city; Gerardus Duyckinck
and Simeon Soumain, assessors, George Brinckerhoof, collector,
and Christopher Nicholson, constable, of the Dock ward of the said
city; John Brown and Nathaniel Marston, assessors, Peter Noxen,




CITY OF NEW YORK.                            221
collector, and Timothy Bontecou, constable, of the North ward of
the said city; John Pintard and Peter Van Dyck, assessors, Ebenezer Grant, collector, and John Abrahamson, constable of the East
ward of the said city; Jacobus Kip, assessor, and Cornelius Cousine,
collector, for the Bowery division of the Out ward; and Barent
Waldren, assessor, Derick Bensing, collector, and Arent Bussing, constable, for the Harlem division of the said Out ward.
9. And we do hereby appoint, order and direct that within collectors,
forty days after the date hereof, the freemen of the said city, and csta
being inhabitants in, and the freeholders of each respective be, to be
ward in the said city, may and shall assemble themselves and
meet together, at such time and place in each of the said wards,
as each respective alderman for each respective ward shall
appoint, and then and there, by plurality of their voices or
votes, to elect and choose out of the inhabitants of each respective ward, being freeholders there, or freemen of the said city,
the several officers following, to wit: one other constable for the
South ward; one other constable for the West ward; one other
constable for the Dock ward; one other constable for the East
ward; two assessors, one collector, and two constables for Montgomerie ward; and two other assessors and three other constables for the Out ward, to wit: one other assessor and two
constables for the Bowery division, and one other assessor and
one other constable for the Harlem  division of the said Out
ward. And we do hereby will and ordain, that each and every
of the before named mayor, aldermen, assistants, chamberlain,
coroner, high constable and marshal, and all and every the
before named assessors, constables, and every other assessor and
constable hereafter to be chosen for any ward, or division of a
ward in the said city, before next Michaelmas day, on their being
respectively sworn into their respective offices, as hereafter is
directed, shall continue in their said respective offices until the
fourteenth day of October next ensuing the date hereof, and
from thence until other fit persons be respectively chosen and
sworn in their respective rooms and places in manner and form
as is hereinafter directed. And we do also further ordain, order heriff to enand declare, for us, our heirs and successors, that as well the:fri the" du
before named sheriff, as every other person and persons here-h isuton of
after to be appointed for or to the office of sheriff of the said
city, before he or they be permitted to exercise the said office,
shall each of them give and enter into bond to us, our heirs and
successors, with two or more sufficient sureties, in a penalty
not less than one thousand pounds, conditioned for the faithful
and due execution of his said office, in such manner as the governor or commander-in-chief of the said province of New York,
for the time being, shall think fit and appoint. And the before
named sheriff, on his giving security, and having taken such an
oath as hereafter is directed, shall continue in his said office
until the fourteenth day of October next ensuing, and from
thence until another fit person is appointed and sworn into the
said office, and has given such security as aforesaid.




222                            CHARTERS OF THE
Mayor, sher-  10. And we do hereby further, for us, our heirs and successors
iff and coroner appoit- appoint and ordain that the governor and conmmander-in-chief o.
elyearly-  the said province of New  York, for the time being, by and
with the advice of the council of us, our heirs and successors,
for the said province for the time being, from time to time,
shall have full power and authority on the feast day of St.
Michael, the Archangel, in every year forever hereafter, to name
and appoint, and can, shall, and may name and appoint, a discreet and fit person of the freeholders, freemen or inhabitants
of the said city, to be mayor of the said city; and one other fit
and able person, one of the freeholders or freemen, being an
inhabitant of the said city, to be sheriff of the said city; and
one other such person to be coroner of the said city, all for the
Aldermen, ensuing year. And also, that, on the said feast day of St.
assessors  Michael, the Archangel, in every year forever hereafter, the freee co.ta men of the said city, being inhabitants, and the freeholders of
les, chosen each respective ward in the said city, shall and may assemble
themselves and meet together at such time of the day and such
public place in each of the said wards as each respective alderman for each respective ward, for the time being, shall appoint;
and then and there, by plurality of their voices or votes, to elect
and choose out of the inhabitants of each respective ward,
being freeholders thereof, or freemen of the said city (except
the Out ward), for the ensuing year, one alderman and one
assistant, two assessors, one collector, and two constables; and
for the said Out ward, four assessors, two collectors, and four
constables, to wit: two assessors, one collector, and two constables for each division of the said ward.  And also, That the mayor
of the said city, for the time being, and four or more aldermen, and
four or more of the assistants of the said city, for the time being,
on the feast day of St. Michael, the Archangel, in every year forever hereafter, shall and may in common council name and appoint
one fit person, being a freeholder or freeman and an inhabitant
Chamberlain of the said city, to be treasurer or chamberlain of the said city
ypprled  for the year ensuing; and also that on the same day in every
year forever hereafter, the mayor of the said city, for the time
being, shall name and appoint one other of the said inhabitants,
being a freeholder or freeman of the said city, to be high constable of the said city for the year ensuing; every of which
persons so to be named for mayor, coroner, high constable, or
chamberlain, or so to be elected for aldermen, assistant, assessor,
When to be or constable, on the feast day of St. Michael, shall, on the fours'worn    teenth day of October then next ensuing their nomination or
election respectively, take the respective oaths hereinafter
appointed for them respectively to take, in such manner and
form as hereinafter is directed, and shall continue in their said
respective offices, from their being so respectively sworn, until
other fit persons be respectively named or elected, and sworn
in their respective rooms and places.  And also, That every
-person so to be named for sheriff on the said feast day of St.




CITY OF NEW YORK.                            223
Michael, shall, on the fourteenth day of October then next
ensuing his nomination, take such oath as is hereafter appointed
for each sheriff to take, and shall give such security as is hereinbefore appointed for each sheriff to give, and shall remain
in the said office from the time of his being so sworn, and
giving such security, until another fit person shall be appointed
and sworn into the said office, and shall have given such
security as aforesaid.  And we do further, for us, our heirs
and successors, appoint and ordain that if it should happen
that either the mayor, sheriff, or coroner of the said city,
for the time being, at any  time (before other fit persons
be so as aforesaid respectively named and sworn in their
respective rooms) should happen to die, then and so often
as it shall so happen, it shall and may be lawful for the governor and commander in chief of the said province for the
time being, by and with the advice of the said council for the
said province, for the time being, in some convenient time thereafter, to name and appoint some fit and discreet person, being an
inhabitant, freeholder or freeman of the said city, to be mayor of
the said city in the room of such mayor so dying; and one other
fit and able person, as aforesaid, to be sheriff of the said city in
the room of such sheriff so dying; and one other fit person as Vacancies of
aforesaid, to be coroner of the said city in the room of such is and corocoroner so dying; and that every such person so to be named ner supplid.
mayor, after having taken such oath as is hereby appointed for
each mayor to take, shall remain in and execute the said office of
mayor of the said city until the fourteenth day of October then
next ensuing, and until another fit person be named and sworn
into the said office of mayor ofthe said city; and every such person
to be named sheriff, after having sworn and given such security as
is hereby appointed for each sheriff to do, shall have, exercise and
remain in the said office of sheriff of the said city until the fourteenth day of October then next, and until another fit person be
named and sworn in the said office of sheriff, and shall have given
such security as hereinbefore is appointed for each sheriff to give;
and every person so to be named coroner, after having taken such
oath as appointed hereby for each coroner to take, shall exercise and remain in the said office of coroner of the said city, until
the fourteenth day of October then next, and until another fit
person be named and sworn into the office of coroner of the
said city.
11. And we do moreover, for us, our heirs and successors, will,
and by these presents, grant to the said mayor, aldermen and commonalty of the city of New York, and to their successors forever,
that if it should happen any of the present named aldermen or vacancies of
assistants, assessors, collectors or constables, or any one of the al- aldsr or
dermen, assistants, collectors or constables hereafter to be elected other  nfeand sworn, or to be sworn in their respective offices as aforesaid, supplied.
shall happen to die or remove out of said city, within the time
they are or shall be respectively named or elected for, or before




224                            CHARTERS OF THE
other fit persons be respectively named or elected and sworn in
their respective rooms, it shall and may be lawful for the freemen,
being inhabitantsin, and the freeholders of each respective ward
for which such alderman, assistant, assessor, collector or constable
so dying or removing, had been named or chosen for, to assemble
and meet together at such time and place in the said respective
ward, as shall be appointed by the mayor of the said city, for the
time being, or his deputy, and then and there by plurality of
voices or votes of the freemen, being inhabitants in, and the
freeholders of such ward, to elect one of the inhabitants of, and
being a freeholder in such ward or freeman of the said city, to
serve as alderman, assistant, assessor, collector or constable for
the said ward, in the room of such alderman, assistant, assessor,
collector or constable so dying or removing; and so as often as
such cases shall happen. And in case the present named or any
future chamberlain, or any high constable of the said city hereafter appointed, so sworn or to be sworn in their respective offices
aforesaid, should happen to die or remove out of the said city
within the time they were or shall be respectively appointed for,
it shall be lawful for the mayor of the said city, for the time being, or his deputy and four or more aldermen, and four or more
assistants, for the said city, for the time being, in common council, to appoint another fit person to be chamberlain in the room
of such chamberlain so dying or removing; and for the mayor
of the said city, for the time being, to appoint another fit person
to be high constable in the room of such high constable so dying
or removing; and so as often as such cases shall happen. And
all and every such person and persons so to be newly chosen or
appointed alderman, assistant, assessor, collector, constable, chamberlain or high constable, shall serve in their respective offices
until other fit persons be respectively chosen or appointed and
sworn in their respective rooms, each of them (except the collector) first taking such oaths as hereafter is appointed for each
of them respectively to take.
12. And we do further, for us, our heirs and successors, ordain,
grant and confirm unto the said mayor, aldermen and commonalty
of the city of New  York, and their successors forever, that if
one of the inhabitants of the said city of New York, being a
freeholder or freeman as aforesaid, shall hereafter be elected or
chosen to the office of alderman, assistant, assessor, collector or
Fine on cor- constable for any ward in the said city, or shall be appointed to
porate offi-           b        e
cers chosen be high constable of the said city, and have notice of his said
tdefuing election, shall refuse, deny, or neglect to take upon him or them
to execute such office, to which he or they shall be so chosen or
elected for, that then and so often as it shall happen, it shall and
may be lawful for the mayor or his deputy, or recorder, and any
four or more of the aldermen, and any four or more of the assistants of the said city, for the time being, in common council, to
tax, assess and impose upon- every such person or persons refusing, denying, delaying or neglecting, such reasonable and mo



CITY OF NEW YORK.                           225
derate fine and fines, sum and sums of money, as they the said
mayor or his deputy, or recorder, and any four or more aldermen,
and any four or more assistants in common council shall think
fit, so as such fine for each refusal, denial, delay or neglect
shall not exceed the sum of fifteen pounds current money of New
York; all which said fines shall and may be levied, by distress and sale of the goods and chattels of such delinquent
and delinquents, by warrant under the seal of the said city, signed
by the mayor thereof, for the time being, rendering the surplusage to the owner or owners thereof (if any be), the necessary
charges of making and selling such distress being first deducted,
or by action of debt in any court of record to be prosecuted, or
any other lawful method to be obtained; and shall be recovered
and received by and to the use of the said mayor, aldermen and
commonalty of the city of New York, and their successors forever, without any account thereof to be given to us, our heirs
or successors, or to any of the officers or ministers of us, our
heirs or successors: And upon every such refusal or neglect,
other fit persons to be elected and chosen in the room and rooms
of such persons so neglecting or refusing, in such manner as is
before directed or appointed for electing and choosing of aldermen, assistants, assessors, collectors and constables, and for appointing a high constable, upon the death or removal of any of
them respectively; and so as often as such cases shall happen.
13. And we do hereby, for us, our heirs and successors, grant,
appoint and ordain, that if it shall happen that the day or days
appointed for the naming, appointing, electing or choosing, or
for administering any oath or oaths to any of the officers or ministers of the said corporation, shall happen to fall on a Sunday,
then and in such case such naming, appointing, electing or
choosing so to be made, shall be made, and such oath or oaths
so to be administered, shall be administered on the next day, and
so as often as such case shall happen.
14. Andfurther we do, of our especial grace, certain knowledge and meer motion, for us, our heirs and successors, give,
grant, ratify and confirm unto the said mayor, aldermen and
commonalty of the city of New York, and their successors forever, that the mayor or recorder, with four or more aldermen, Common
and four or more assistants of the said city, for the time being, cous utedow
be, and shall be forever hereafter, called the common council of
the city of New York: And that the said common council of
the said city, for the time being, or the major part of them, have
and may, and shall have full power, authority and license to Power  to
frame, constitute, ordain, make and establish, from time to time, lm   by
all such laws, statutes, rights, ordinances and constitutions,
which to them, or the greater part of them, shall seem to be
good, useful or necessary for the good rule and government of
the body corporate aforesaid; and of all officers, ministers, artificers, citizens, inhabitants and residents of the said city, within
the limits thereof, and for declaring how and after what manner
15




226                            CHARTERS OF THE
and order the mayor, recorder, aldermen and assistants of the
said city, for the time being, and all and every of their officers
and ministers, and all officers and ministers, and all artificers,
inhabitants and residents of the same city, and their factors, servants and apprentices, in their offices, functions and business,
within the said city and liberties thereof for the time being, and
from time to time, shall use, carry and behave themselves; and
for the farther public good, common profit, trade and better government and rule of the said city, and for the better preserving,
governing, disposing, letting and setting of the lands, tenements,
possessions and hereditaments, goods and chattels, to the aforesaid mayor, aldermen and commonalty of the said city of New
York belonging, or to them and their successors hereafter to
belong, and all other things and causes whatsoever touching or
concerning the said city, or the state, right and interest of the
same (provided that such laws be not contradictory or repugnant to the laws or statutes of that part of our kingdom of Great
Britain called England, or of our said province), which laws,
statutes, ordinances and constitutions, so to be made as aforesaid,
may be and remain in force for twelve months from the day of
the date thereof, and no longer, unless they shall be allowed of
and confirmed by the governor and council of the said province,
for the time being; and that the said common council of the
said city, for the time being, or the greater part of them, as often
as they shall make, ordain and establish such laws, statutes,
rights, ordinances and constitutions, in form  aforesaid, may
make, ordain, limit and provide such and the like pains, punishments, penalties, either by fines and amerciaments, or by disAnd to in- franchising and amoving from the liberties, privileges, immuniifict and levy                        tepiigsinm i
penaities  ties and freedom of the said city, or by either of them, towards
and against all and every person that shall offend against such
laws, statutes, rights, orders and constitutions, or any or either
of them, or by the said common council, or the major part of
them, shall be thought necessary and requisite to make, ordain,
limit and provide, for the observation and preservation of the
same laws, rights, statutes, ordinances and constitutions; and
the same fines and amerciaments shall and may, from time to
time,' levy, receive, have and recover, either by distress and sale
of the goods and chattels of such delinquent and delinquents, by
warrant under the hand and seal of the mayor, or recorder, or
any one of the aldermen, for the time being, rendering the surplusage to the owner or owners thereof (if any be), the necessary charges of making and selling such distress being first deducted; or by action of debt, in any court of record to be prosecuted, or in any other lawful method to be obtained, and to the
use of the said mayor, aldermen and commonalty of the city of
New York, and their successors forever, without any account
thereof to be given to us, our heirs and successors, or to any of
the officers or ministers of us, our heirs or successors: all and
singular, which laws, statutes, rights, ordinances and constitu



CITY OF NEW YORK.                            227
tions so as aforesaid to be made, we do, for us, our heirs and successors, will to be observed, under the pains, penalties and forfeitures in the same contained.  And we do farther, of our especial grace, certain knowledge and meer motion, for us, our heirs
and successors, give, grant, ratify and confirm  unto the said
mayor, aldermen and commonalty of the city of New York, and
their successors forever, that the common council of the said
city, for the tinie being, or the major part of them, shall have
the sole power of determining and deciding all elections of all
and every their officers and ministers, hereafter to be chosen and
elected in, or for the said corporation, or any part thereof.
15. Aid we do hereby, for us, our heirs and successors, ordain, Common
declare, give and grant, unto the said mayor, aldermen and corn- cibty tbhe
monalty and their successors, that the common council of the mayor, or in
case of his
said city shall be summoned, called and held from time to time, sickness or
absence, by
so often and at such times and places, as the mayor, or in the recorder
case of his sickness or absence, the recorder of the said city;
for the time being, shall think fit to appoint or direct; and
that it shall and may be lawful to and for the said com-Common
mon council of the said city, or the major part of them, uncilme
to assess and lay  such reasonable fines and amerciamentsbhers  who
shall not atin and upon  every officer and member of the  body cor-tend.
porate aforesaid, for the time being, who after having had
due notice, or being duly summoned to appear or attend at any
such common council, to be held for the said city, shall neglect
so to do, or make default therein, or shall not appear or attend
according to such notice or summons, in that behalf, or show a
reasonable cause, by the said common council, or the major part
of them, at their discretion to be allowed, and so often as such
case shall happen, so that no such fine or amerciament, for any
one default of appearance or attendance of any such officer or
member of the body corporate aforesaid, shall exceed the sum
of twenty shillings, in the manner and form aforesaid, to be
levied, and by, to and for the use of the mayor, aldermen and
commonalty of the said city and their successors, to be recovered
and received without any account thereof to be given to us,
our heirs or successors, or any of our or their officers and ministers.  And we do further, for us, our heirs and successors, give,
grant and confirm unto the mayor, aldermen and commonalty
of the said city of New York, and their successors forever, that
the common council of the said city, for the time being, or the
major part of them (but no other person or persons whomsoever, without the consent, grant or license of the said common
council of the said city, for the time being, or the major part of
them), from time to time, and at all times hereafter, shall and
may have the sole, full and whole power and authority of settling, appointing, establishing, ordering and directing, and shall
and may settle, appoint, establish, order and direct such and so ower to es.
many ferries around Manhattan's Island alias New York Island, tiesh fe.
for the carrying and transporting people, horses, cattle, goods




228                           CHARTERS OF THE
and chattels from the said Island of Manhattan to Nassau Island,
and from thence back to Manhattan's; and also from the said
Island Manhattan's to any of the opposite shores all around the
same island, in such and so many places as the said common
council, or the major part of them, shall think fit, who have
hereby, likewise, full power to let, set or otherwise dispose of,
all or any of such ferries, to any person or persons whomsoever;
and the rents, issues, profits, ferriages, fees and other advantages
arising and accruing from all and every such ferries, we do
hereby fully and freely for us, our heirs and successors, give and
grant unto the mayor, aldermen and commonalty of the city of
New York, aforesaid, and their successors forever, to have, take,
hold and enjoy the same to their own use, without being accountable to us, our heirs or successors, for the same or any
part thereof.
16. And we do further, for us, our heirs and successors, give,
grant, ratify and confirm unto the said mayor, aldermen and
commonalty of the city of New York, and their successors forever, that the common council of the said city, for the time bePower  to ing, or the major part of them, have, and from time to time, and
build, repair
and lay out at all times hereafter forever, shall have full power, license
bridges,   a
anes, high and authority, not only to establish, appoint, order and direct,
ways, sreets the making and laying out of all other streets, lanes, alleys,
highways, water-courses and bridges not already made or laid
out, but also the altering, amending and repairing all such
streets, lanes, alleys) highways, water-courses and bridges, heretofore made or laid out, or hereafter to be made or laid out, in
and through the said city of New  York and the Island of Manhattan's, in such manner as the said common council, for the
time being, or the major part of them, shall think or judge to
be necessary or convenient for all inhabitants and travellers
there.
17. And further, we do hereby, of our especial grace, certain
knowledge and meer motion, for us, our heirs and successors,
give, grant, ratify and confirm unto the said mayor, aldermen
and commonalty of the city of New York, and their successors,
Power to es- that they and their successors shall and may have, hold and
tablish markets.    keep markets, at five several places (in the said city of New
York, on every day in the week, throughout the year, except
Sunday), as follows, to wit: One market at Coenties dock; one
other market at the Old slip, at Burgher's path; one other
market at Countesses slip; one other market at the lower end
of Wall street, and one other market by the Long bridge.
And also, we do for us, our heirs and successors, grant unto
the said mayor, aldermen and commonalty of the city of New
York and their successors forever, that they and their successors
shall and may have, hold and keep such and so many other
markets, at such and so many other times and places in the said
city of New York, as shall from time to time be ordered, established, erected and appointed by the common council of the city
aforesaid, for the time being, -or the greater number of them.




CITY OF i'EW YORK.                             229
18. And we do further, for us, our heirs and successors, give
and grant unto the said mayor, aldermen and commonalty of the
city of New York, and their successors, that they and their suc- Th  assize
cessors may and shall have the assize and essay of bread, wine, wine, &c.
beer, ale, and all other victuals and things whatsoever, set to
sale in the said city and the liberties and limits thereof; and the
amending and correcting of the same assize; and all amerciaments, fines and forfeitures to be laid and forfeited concerning
the same or any part thereof, without any account thereof to
be given to us, our heirs or successors; and to perform, do and
act, by themselves or their deputies, all and everything needful
or necessary in, about or concerning the same.
19. And we do hereby further, for us, our heirs and successors,
grant and give unto the said mayor, aldermen and commonalty
of the city of New York, and their successors forever, the office office  of
of gauger of and in the said city, to gauge all and singular the gauger.
wine, rum, brandy, molasses, beer, ale, cider and other merchandises and vessels gaugable or to be gauged within the said city;
except such liquors as are to pay duty by virtue of any act of
Assembly, until after they have been gauged by the public
officer appointed for that purpose; and the office of measurer of Of measurr.
and in the said city, to measure salt, wheat, oats and other
grain, and all other merchandises measurable or to be measured  in the said city; and  also  the  offices of surveyor surveyor
and packer of bread, flour, beef, pork  and other provisions, andpacker.
and  all other  merchandises and  commodities to  be  surveyed or packed in the said city; and also the office of cart- Cartage,
age, carriage and portage of all goods, wares, merchandises and o
other things to be carted or carried in or through the said city,
or any part thereof; and also the office of garbling of all man- Garbling.
ner of spices and other merchandises and things to be garbled
in the city aforesaid: To have and to hold the several offices
aforesaid, and every of them, and the disposition, ordinances and
corrections of the same, and to exercise the same by themselves
or their deputies; and to take and receive to themselves all fees,
profits and perquisites to the said offices and every of them, due
or to be due, and all the fines, amerciaments and forfeitures to
be laid and forfeited concerning the same, or any part thereof,
to them  the said mayor, aldermen and commonalty, and their
successors, to their own proper use forever, without any account,
or any other thing, to us or our heirs or successors, to be given
or made.
20. And further, That the mayor of the said city, for the timePower  to
being, or his deputy for the time being, and any four or more ofcitizens.
the aldermen, for the time being, shall from time to come, and at
all times forever hereafter, have full power and authority, under
the common seal of the said city, to make free citizens of the
said city and liberties thereof; and that every person, so to be
made a free citizen, shall pay on his being made free, for the use
of the said mayor, aldermen and commonalty of the city afore



230                             CHARTERS OF THE
said, and their successors forever, a sum  not exceeding five
pounds, New York money; and we do for us, our heirs and successors, give and grant unto the said mayor, aldermen and commonalty, and their successors forever, full power to ask, take,
demand and receive the same to their own use and behoof, without any account thereof to be given to us, our heirs or successors, or any other person or persons whatsoever.
21. And we do hereby, for us, our heirs, or successors, constitute, appoint and ordain, that no person whatsoever, not being
a free citizen of the said city as aforesaid, shall at any time hereafter use any art, trade, mystery or occupation within the said
city, liberties and precincts thereof, or shall by himself, themselves or others, sell or expose to sale any manner of goods,
wares, merchandises or commodities by retail, in any house,
shop, place or standing, within the said city, or the liberties or
precincts thereof, (save in the time of public fairs), and that
every such person so using any art, trade, mystery, occupation,
Privileges of or so retailing, contrary to the intent and meaning of these our
reecitize. present letters, and shall persist therein after warning to him or
them thereof given, or left by the appointment of the mayor of
the said city, for the time being, or his deputy, at the place or
places where such person or persons shall so use any art, Imystery or occupation, or expose to sale by retail, as aforesaid, any
goods, wares, merchandises or commodities as aforesaid, shall
forfeit the sum of five pounds, New York money, to and for the
use of the said mayor, aldermen and commonalty of the city of
New York, and their successors, for every time that he or she
shall so use any trade, mystery or occupation, or expose to sale
by retail, as aforesaid, any goods, wares, merchandises or commodities, after such warning given or left as aforesaid; all and
every of which same forfeitures shall and may be levied by distress and sale of the goods and chattels of such delinquent and
delinquents, by warrant under the seal of the said city, signed
by the mayor thereof, for the time being, or his deputy, rendering the surplusage to the owner or owners thereof (if any be),
the necessary charges of making and selling such distress being
first deducted; or by any other lawful method to be obtained;
and shall be recovered and received by and to the only use of
the mayor, aldermen and commonalty of the city of New York,
and their successors forever, without any account thereof to be
given to us, our heirs or successors, or to any of the officers or ministers of us, our heirs or successors: Provided always, and we do
hereby for us, our heirs and successors, direct, appoint and order that no person or persons shall be made free as aforesaid, but
such as are or shall be natural born subjects of us, our heirs or
successors, or shall be naturalized or made denizens.  And we do
Jurther, for us, our heirs and successors, ordain and appoint, direct, will and grant that all and every person and persons now
living, who at any time heretofore have been admitted free citizens, or into the freedom of the said city of New York, shall be




CITY OF NEW  YORK.                             231
and remain free thereof, and free citizens, and have and enjoy
the said freedom, and all the rights and privileges of freemen
and free citizens of the said city of New York to all intents and
purposes whatsoever.
22. And for the better preservation of good rule and order in
the said city, we do, for us, our heirs and successors, will, ordain,
grant unto the mayor, aldermen and commonalty of the said
city, and their successors, that the common council of the said
city, for the time being, or the major part of them, shall have
full power and authority to license or appoint by warrant, under common
the common seal of the said city or otherwise, one or more sur- appoint surveyors of flour, bread, beef, pork and other provisions, measurers Yrers, ga
of grain, salt, and all other commodities, gaugers of wine, beer, gers, garbale, cider, rum, brandy, and all other saleable or excisable &.
liquors, garblers, beadles, bellmen, watchmen, bridewell keepers, or keepers of a house or houses of correction, and of almshouses; cryers and bell-ringers, and to displace all or any of
them, and put others in their room, and to add or diminish the
number of them, or any of them, as often as the said common
council of the said city, or the major part of them, shall think
fit.
23. Andfurther, we do for us, our heirs and successors, grant
unto  the said mayor, aldermen and commonalty, and their
successors forever, full power and authority to erect and build, To  erect
or appropriate any other buildings already built, for one or workhouses.
more bridewell or bridewells, house or houses of correction,
and work-house or work-houses, together with full power
and authority to the said mayor, recorder and aldermen, or
any one of them, to take up  and arrest, or order to be
taken up and arrested, all and any rogues, vagabonds, stragglers and idle and suspicious persons; and as they, the said
mayor, recorder, or aldermen, or any one of them, shall see
cause to order all or any such rogues, vagabonds, stragglers and Mayoor,. roidle. and suspicious persons, either to the said work-house, there aldermen or
to remain and work such work and so long, not exceeding forty  Y o  thmi
days, or else to bridewell or the house of correction, there to vgabond.
receive such punishment, not extending to the loss of life or
limb, as the said mayor, recorder and aldermen, or any one of
them, shall think fit.  And also, that they the said mayor, alder- orporation.  1.,,to  erect an
men and commonalty, and their successors forever, may and alms-house.
shall have power to build, erect or appropriate any of their
buildings already built, for an almshouse for relief of the poor;
together, also, with as full and ample power to them and their
successors, to order, direct and act in and about the said houses
of correction, work-houses and alms-houses, and the persons to
be put in and ordered there, as to any city or corporation in any
place of that part of our realm of Great Britain called England,
and the officers or ministers thereof, doth or may belong.  And To have one
or   more
also, that they, the said mayor, aldermen and commonalty, and,jails   to
their successors forever hereafter, may have one or more jail or cet




232                            CHARTERS OF THE
jails in such fit place or places, within the said city and limits
and jurisdiction thereof, as by the common council of the said
city, for the time being, or the major part of them, shall be appointed to imprison and safe keep all and every person and persons for any treasons, murders, felonies, trespasses, evil doings
and all other matters and causes whatsoever to be arrested or
attached, or to be committed to the jail or jails aforesaid, in safe
custody, there to remain until they be delivered by due course
of law. And that the common council of the city aforesaid,
for the time being, or the major part of them, shall and may
have power, from time to time, to choose, constitute and place
one or more fit person or persons in the office or offices of
keeper or keepers of the jail or jails aforesaid, to hold the same
during the good pleasure of the common council of the said
city, for the time being, or the major part of them, as aforesaid,
requiring, and hereby for us, our heirs and successors, empowering and commanding the keeper and keepers of the jail or jails
aforesaid, for the time being, and all and singular traitors, murderers, felons, malefactors, disturbers of the peace and other delinquents, and all others, for any crime or offence, or other
reasonable cause or matters, to the jail or jails aforesaid, ordered
or committed, or to be committed or ordered, from time to
time, shall receive, take, keep and cause to be kept in the same
jail or jails, until they shall be thence delivered by due course
of law.
24. And we do further, for us, our heirs and successors, will,
Mayor ap- ordain and grant, that the mayor of the said city, for the time
plerk of the being, shall forever hereafter be clerk of the market of us, our
market.  heirs and successors, within the city aforesaid, and the limits,
liberties and precincts thereof; and that the mayor of the said
city for the time being, by himself or his deputy, may and shall
have power and authority to do and execute, and shall and may
do and execute forever, within the limits, liberties and precincts
of the said city, all and whatsoever to the office of clerk of the
market there doth, shall or may belong, without any hinderance
or impediment of us, our heirs or successors, or any the officers
And water of us, our heirs or successors; and that no other clerk of the
bailiff    market shall intermeddle there.  And also, that the mayor of
the said city, for the time being, and his successors during the
time of his and their mayoralties and no other, be and shall be,
the bailiff and conservator of the water of the North and East
rivers, and shall and may do, exercise and execute the said office
of bailiff and conservator of the water of the North and East
rivers, or water bailiff by him  or themselves, or by his or their
sufficient deputy or deputies, in, upon, or about the same water
of the North and East rivers (that is to say) in and through all
the limits, bounds and jurisdictions of the said city of New York,
upon all and every the banks, shores and wharves of the same
water of the North and East rivers, within the limits and bounds
aforesaid: and to have, receive, collect and enjoy, all and singu



CITY OF NEW YORK.                            233
lar, wages, rewards, fees and profits to the same offices of clerk
of the market and water bailiff, or any of them, due or to be due,
or belonging to his or their own use, without any account thereof
to us, our heirs or successors to be made. And also, that the Mayor to it.
mayor of the said city, for the time being, shall have full power sals, portand authority to license or appoint, by warrant, under his hand ers, carrier,
and seal, or otherwise, one or more marshal or marshals of the men, packers, cullers,
said city, porters, carriers, cartmen, carmen, packers, cullers, cryers, and
common cryers, scavengers, and to displace all or any of them, scavengers.
and to put others in their rooms; and to add to, or diminish the
number of them, or any of them, when and as often as the mayor
of the said city, for the time being, shall think fit.
25. And we do further, for us, our heirs and successors, grant,
ratify and confirm unto the said mayor, aldermen and commonalty of the city of New York, and their successors forever, that
the mayor of the said city for the time being, and no other whatsoever, shall have power to give and grant licences annually,
under the public seal of the said city, to all such persons as he
shall think fit to license them, and every of them, to keep a tavern, inn, ordinary or victualling-house, and to sell wine, brandy,
rum, strong waters, cider, beer, ale, or any other sort of excisable And grant
or strong liquors, within the city of New York or the liberties and o keep ta.
precincts thereof, by retail or the small measure; and that it shall era.
be lawful to and for the said mayor of the said city, for the time
being, to ask, demand and receive for every such license by him
to be given and granted aforesaid, such sum or sums of money,
as he and the person to whom such license shall be given and
granted, shall agree for, not exceeding the sum of thirty shillings
for each license; all of which moneys, as by the said mayor shall
be so received, shall be used and applied to the public use of the
said mayor, aldermen and commonalty of the said city of New
York and their successors forever, without any account thereof
to be rendered, made or done to us, our heirs or successors, or
any other person whatsoever; every and each of which licenses
shall continue and be in force for any time, not exceeding one
year from  the granting thereof, but no longer.  And we do
hereby, for us, our heirs and successors, constitute, direct,
order and appoint, that no person or persons whatsoever,
without such license being in force, shall at any time hereafter keep any tavern, inn, public ordinaries or victualling-houses,
or sell wine, brandy, rum, strong waters, cider, beer, ale, or any
other sorts of excisable or strong liquors within the city of New
York or the liberties or precincts thereof, by retail or small measure, under the penalty of five pounds, current money of New
York, for every time that any person shall act contrary hereto
in any respect, to be forfeited and paid by every person, for
every time he or she shall offend or act contrary hereto in any
respect, to and for the use of the said mayor, aldermen and commonalty of the city of New York, for the time being; all and
every of which penalties shall and may be levied, by distress




234                            CHARTERS OF THE
and sale of the goods and chattels of such delinquent and delinquents, by warrant under the seal of the said city, signed by
the mayor thereof for the time being, or his deputy, rendering
the surplusage to the owner or owners thereof, if any be (the
necessary charges of making and selling such distress being first
deducted), or by any other lawful method to be obtained; and
shall be recovered and received by and to the only use of the
mayor, aldermen and commonalty of the city of Ne.w  York,
and their successors forever, without any account thereof to be
given to us, our heirs or successors, or to any of the ministers
or officers of us, our heirs or successors.
Mayor, re-  26. And further, we, of our especial grace, certain knowledge
coder and and meer motion, have given, granted, ratified and confirmed,
aldernmen
justices of and by these presents do for us, our heirs and successors, give,
grant, ratify and confirm  unto the said mayor, aldermen and
commonalty of the city of New York, and to their successors
forever, that the mayor, deputy mayor, recorder and aldermen
of the said city, for the time being, be and shall be at all times
forever hereafter, and hereby are assigned to be justices, and
each of them ajustice of us, our heirs and successors, the peace
of us, our heirs and successors, within the city aforesaid, and
the limits, jurisdiction and extent thereof, and within  the
county of New York, to keep; and that they, the mayor, deputy
mayor, recorder and aldermen of the said city for the time being,
or any four or more of them (whereof we will the mayor, or
deputy mayor, or recorder of the said city, for the time being,
May  hold to be one), shall and may forever hereafter hold and keep four
orts  of courts of general sessions of the peace, in and for the said city
quarter   and county of New York, to begin at certain times in the year,
to wit: one of them to begin on the first Tuesday in November;
another on the first Tuesday in February; another on the first
Tuesday in May; and the other on the first Tuesday in August
in every year; each of which sessions of the peace shall and
may last, continue, and be held any time, not exceeding four
days. And also, they the said mayor, deputy mayor, recorder
and aldermen of the said city, for the time being, or any four or
more of them (whereof we will the mayor or deputy mayor or
recorder of the said city, for the time being, to be one), shall
and may forever hereafter have full power and authority to inquire of and hear and determine, within the city and county
aforesaid, all and all manner of felonies, imprisonments, riots,
routs, oppressions, extortions, forestallings, regratings, trespasses,
offences, and all and singular other evil deeds and offences whatsoever, within the city and county aforesaid, from time to time
perpetrated, done, arising or happening, which to the office of
justices of the peace are incumbent, or do in any manner belong, or which thereafter shall happen to belong or be incumbent on them, or which in any manner before justices of the
peace ought or may be inquired into, heard and determined, together with the correction and punishment thereof, and to do




CITY OF NEW YORK.                            235
and execute all other things within the city and county aforesaid, and the liberties and precincts thereof, as fully, freely and
entirely, and in as ample manner and form as justices of the
peace of us, our heirs and successors, anywhere within that
part of our kingdom of Great Britain called England, by the
laws, statutes or customs of England, or by any other legal method whatsoever, heretofore had or exercised, or hereafter to be
had or exercised, could, might or can do, and in as ample manner and form as if the same had been in these our letters particularly, and by special words expressed, contained and mentioned. And that the said justices of the peace of us, our heirs To have ju.
and successors in the city and county aforesaid, may have and rlldt case
exercise jurisdiction in all causes, matters and things whatsoever whib to tuhe
offie of juswhich to justices of the peace of our said city and county in tices dothor
any manner do or ought to belong.  And further, that the belog
mayor, recorder and aldermen of the said city, for the time Mayor, rbeing, and every of them  from time to time, and at all times aldermen
forever hereafter, shall be justices assigned of Oyer and Termi' -Justi'es  f
ner, and of the jail delivery of all and every the jails now being Terrinr.
and hereafter to be in the said city and county, and either of
them, and shall be named in every commission thereof to be
made.  And we do hereby, for us, our heirs and successors, grant,
order and appoint that the sheriff, and other ministers and officers of the said city for the time being, shall and may, and they
are and each of them  is hereby commanded, authorized and
fully empowered to execute and return all and every the precepts and commands of the mayor, recorder and aldermen of
the said city for the time being, and either and any of them,
from time to time at all times, as fully and effectually as any
sheriff, minister or officer of any county or city anywhere in
that part of our kingdom of Great Britain called England, the
mandates or commands of any justice of the peace, justice of
Oycr and Terminer, of jail delivery of, or in any county there,
hath used to make return or execute in any manner whatsoever.
27. And we do further, of our special grace, certain knowledge and meer motion, will, and by these presents, for us, our
heirs and successors, give, grant, ratify and confirm unto the
said mayor, aldermen and commonalty of the city of New
York, and their successors forever, that they and their successors forever hereafter shall, can and may have and hold in
the name of us, our heirs and successors, one court of record mlayr's
within the city of New  York, and the liberties and precincts thereof, upon every Tuesday in every year, before the
mayor of the said city, for the time being, or his deputy, or the
recorder of the said city, for the time being, and any three or
more of the aldermen for the time being, or any four or more
of them (whereof we will the mayor of the said city for the
time being, or his deputy, or the recorder of the said city,
for the time being, to be one). And that the mayor of the said




236                           CHARTERS OF THE
city for the time being, or his deputy, or the recorder of the said
city for the time being, and three or more of the aldermen, and
any four or more of them (whereof we will the said mayor or his
deputy, or the recorder, to be one), shall and may hold, plea, and
have cognizance of all and all manner of plaints, actions and pleas
of any lands and tenements within the said city of New York,
and the limits and precincts thereof; and also of all actions of
trespass with force and arms, and without replevin, ejectment,
trover and conversion, trespass upon the case, debt, detinue,
covenant, deceits, contracts, contempts, penalties, forfeitures,
and all other actions and pleas, as well real as personal, and
mixt, arising and accruing within the said city and limits thereof; together with full power and authority to hear and determine all and every the same, and such actions and pleas aforesaid, and judgments thereon to render, and executions thereof
to award and make, and to act and do everything therein in
such manner and form, and by such and the like methods, process and proceedings, as fully and amply as in our other courts
of record, in such or the like cases, is used, or can or may be
acted and done, according to the laws of that part of our kingdom of Great Britain called England, and of our said province
of New York.
28. And we do hereby, for us, our heirs, and successors, grant,
order and appoint, that the sheriff and the coroner and other
ministers and officers of the said city for the time being, shall
and may, and they are, and each of them is hereby commanded,
authorized and fully empowered, to execute and return all and
every the precepts and process of the said court, to them respectively directed or to be directed, from  time to time and at
all times, as fully and effectually as any sheriff, coroner, minister or officer of or in any city or place within that part of our
kingdom  of Great Britain called England, the precepts and
processes of any court of record there hath used, or can or may
execute and return in any manner howsoever.; Provided always,
That the mayor of the said city for the time being, or his deputy, or the recorder of the said city for the time being, and any
three or more of the aldermen of the said city, or any four or
more of them (whereof the mayor or his deputy, or the recorder, we will to be one), may, and by these presents have, and
shall have, full power to adjourn the said court for any time not
exceeding twenty-eight days.
corporation   29. And we dofurther will, and by these presents, for us, our
to aove  a heirs and successors, give, grant, ratify and confirm  unto the
clerk.    said mayor, aldermen and commonalty of the city of New York,
and their successors, that they and their successors from henceforth forever hereafter shall and may have, within the city
aforesaid, a fit and discreet man to be, and who shall be, and be
called the common clerk of the city aforesaid, to act and do all
those things within the city aforesaid, and the limits and jurisdiction thereof, which to any common clerk of or in any city,




CITY OF NEW YORK.                           237
borough or town incorporated, anywhere in that part of our
kingdom of Great Britain called England, by virtue of his office,
can or ought to do. And also, that forever hereafter, the common clerk of the city aforesaid, for the time being, shall also be
clerk of the court of record, to be held before the mayor or his
deputy, or the recorder, or any three or more of the aldermen
of the said city, as aforesaid; and also clerk of our peace,
and of the peace of our heirs and successors, and of the
sessions of the peace for and in the city and county of New
York, from time to time to be held, and all and singular those
things which to the offices of such clerk of the peace and of the
sessions of the peace, do and shall appertain to do, act and execute; and also, shall and may require, demand, take, accept,
hold, keep and enjoy all fees, perquisites and profits which may
to any  such common clerk, clerk of the  peace, and  of
the sessions of the peace, do or ought to belong. And we
hereby give, gran, ratify and confirm, for us, our heirs, and successors, unto our beloved William Sharpas, gent. (one of the
inhabitants of the city aforesaid), to be the present common
clerk of the city of New York aforesaid, and also clerk of the
peace, and of the sessions of the peace, for and in the city and
county of New York, to continue in the offices aforesaid during
his life, and to act and execute the same offices and places by
himself or his deputy. And we do further, for us, our heirs and
successors, appoint, will and direct, that the governor or commander-in chief of the said province of New York, for the time
being, from time to time, and at all times after the death of the
said William Sharpas, when and so often as the office and place
of common clerk of the said city shall happen to be vacant, shall vacancy of
and may appoint an honest and discreet man, being one of the pled. 
inhabitants and a freeman or freeholder of the said city, to be
common clerk of the said city, during his good behavior; and
so, as often as such case shall happen.  And we do further, for
us, our heirs and successors, will and grant that so often as the
said office shall be vacant, the common council of the said city,
for the time being, shall and may appoint one other honest and
discreet citizen, being an inhabitant and freeman or freeholder
of the said city, to be common clerk of the said city, and clerk
of the said court of record in and for the said city, and clerk
of the peace, and of the sessions of the peace in and for the said
city and county of New York, to act and execute the said offices,
and who shall and may execute, do and receive all and whatsoever to the said offices and every of them belongs, or shall belong or appertain, till in his room another honest and discreet
person, being an inhabitant and freeman or freeholder of the
said city, shall be appointed into and for the said offices by the
governor or commander-in-chief of the said province, for the
time being; and shall have taken such an oath as is hereby
directed for every such person so to be appointed to give and
take; and so from time to time and so often as the case may or
shall so happen.




238                           CHARTERS OF THE
30. And further, we do hereby constitute name and appoint
James Alexander, Joseph MIurray, John Chambers, Wm. Smith/
George Lurting, Wm. Jamison, Richard Nicolls and Abraham
Lodge, gentlemen, to be thepresent attorneys, and each of them to
be an attorney of and in the said court of record for and during
the good behavior of each of them  respectively: And we do
hereby, for us, our heirs and successors, grant and ordain that
no other attorney or attorneys, person or persons whomsoever
(besides the aforenamed attorneys, during the time that they
shall all remain attorneys of the said court), shall be permitted
or suffered to practice as an attorney of or in the said court; but
all and every other attorney and attorneys, person and persons
(besides the before-named attorneys during the time aforesaid),
from being an attorney or attorneys of or in the said court, and
from all practice as such, shall be, and are, and each of them is,
excluded and debarred.  And we do hereby, for us, our heirs and
successors, give and grant unto the said mayor, aldermen and
commonalty of the city of New York, and their successors forever, that the mayor of the said city for the time being, or his
deputy, or the recorder, and any three or more of the aldermen
of the said city, for the time being, or any our or more of them
(whereof we will the mayor or his deputy, or the recorder of the
said city, for the time being, to be one), shall and may (by and
with the consent and approbation of our governor and commander-in-chief for the time being), have full power and authority,
all or any of the before-named attorneys of the said court, and
all or any other of the persons hereafter to be appointed or admitted attorneys of or in the said court, for their or his evil
behavior, in their or his said duty or office of attorneys, or an
attorney of or in the same, or his or their being thereof legally
convicted, from being attorneys or an attorney of or in the said
court, to amove, displace and forever exclude, and after the
amoval or death of any two or more of the before-named attorneys, upon the amoval or death of any other of the attorneys
before-named, or hereafter to be admitted, to recommend one
other person to the governor or commander-in-chief of the said
province of New York, for the time being, for his approbation,
in the room of such attorney so dying or being removed; each
of which persons so to be recommended and approved of as aforesaid, shall and may be admitted and sworn an attorney of and in
the said court; and as often as the case shall happen.  And we
dofurther, for us, our heirs and successors, grant and appoint
Attorneys  that no other attorney or person whatsoever shall, after the
of'scourt. death or amoval of any of the before-named attorneys, be admitted or suffered to practice as an attorney of or in the said
court, but what shall be recommended and approved of as aforesaid.  Andfurther, we do, for us, our heirs and successors, grant,
will and ordain, that the number of attorneys of the said court
shall not at any one time after the death or removal of any two
or more of the before-named attorneys, forever hereafter exceed




CITY OF NEW  YORK.                             239
the number of six: Provided, that nothing herein shall be construed to extend to hinder us, our heirs or successors, from prosecuting or defending all or any suits, causes, actions or prosecutions in the said mayor's court by our attorney or solicitorgeneral for our said province, or the attorney or solicitor-general
of us, our heirs or successors, for the said province for the time
being; nor to hinder the attorney or solicitor-general of us, our
heirs or successors, for the said province for the time being, to
practice in the said court as counsel in any civil cause.
31. And we do further, of our especial grace, certain knowledge Mayor, rand meer motion, for us, our heirs and successors, grant, appoint aldermen
and direct that the mayor, recorder and aldermen of the said them, to docity, for the time being, and each of them, from  time to time, terminuse  a
and at all times forever hereafter, shall have by these presents or without
jury, where
full power and authority to have and take cognizance of and to the tlhig in
hear, try and finally determine, with or without a jury, all pleas, shall not exsuits, controversies and trespasses, wherein the value does not ced40.
exceed the sum  of forty shillings, in such manner as they or
either of them shall think or adjudge to be agreeable and according to equity and good conscience; and, for the more due proceeding herein, it shall and may be lawful for them or either of
them to administer an oath to the plaintiff or defendant, and also
to such witnesses as shall be produced' by each party, if they,
the said mayor, recorder and aldermen, or either of them, think
fit; and in case either of the parties, plaintiff or defendant, shall
not perform such order, judgment or decree as the said mayor,
recorder or aldermen, for the time being, or any of them, shall
make or set down, then it shall and may be lawful for them, or
any of them, to commit such party or parties to any prison of
or in the said city, there to remain until he, she or they perform such order, and every marshal of the said city, for the time
being, is hereby commanded and authorized to execute all and
any the summonses, precepts and commands of them, the said
mayor, recorder and aldermen, or any one of them, made, issued,
or given in, about or concerning such suits, pleas, controversies
and trespasses, or any of them, as shall be to him directed; and
every keeper of the jail for the city of New York, for the time
being, is hereby commanded and authorized to receive, and safe
keep in his jail or custody, all such parties so committed or to be
committed to the prison he shall then be the keeper of, until
he, she or they shall perform such order accordingly.
32. And we do, for ourselves, our heirs and successors, by Shriffclerk
these our present letters, require and strictly charge and com- ordinate offcers to atmand, and fully empower the sheriff, common clerk, chamber- tend  upon
the mayor,
lain, marshal, jail keepers, high constable, petty constables, and recorder anr
all other subordinate officers of and in the said city, now chosen, atnddrt  xe.
elected, constituted or appointed, or that hereafter may be otm, td
chosen, elected, constituted or appointed, and every of them
respectively, jointly and severally, as cause shall require, to be
obeisant and obedient to and attend upon the said mayor, record



240                           CHARTERS OF THE
er and aldermen of the said city, and every or any of them at all
times hereafter, according to the duty or obligation of their
respective offices and places; and to execute all and every the
commands, precepts, warrants and processes to them respectively directed and issued, and given out and to be issued and given
out, by them the said mayor, recorder and aldermen, or any one
of them.
Mayor, his  33. Andwe dofurtherherebywill, declare and ordain, that before
deputy, and
othr officer the mayor, deputy mayor, recorder, aldermen, assistants, assessors,
to besworn. sheriff, coroner, common clerk, chamberlain, high constable and
petty constables of the said city, such of them as are hereby appointed and named, and all and every such as hereafter are to be
appointed, elected or chosen shall, before they be respectively
permitted to execute their respective offices or places aforesaid,
respectively be sworn as follows, to wit: The hereby named
mayor of the said city, and every other person hereafter to be
appointed to or for that office, to take the proper oath as such,
and well and truly to execute the office of mayor, and all other
offices and places hereby appointed for each mayor to execute
and act in, and the usual oath of a justice of peace, before the
governor or commander-in-chief of the said province of New
York for the time being, in presence of three or more of the aldermen of the said city of New York for the time being; or, in
case of the absence of the governor or commander-in-chief for
the time being, then before the oldest counsellor of the said province for the time being, in the presence of three or more of the
aldermen of the said city for the time being.
And we do hereby, for us, our heirs and successors, give and
grant full power and authority to the governor or commanderin-chief of the said province for the time being, in the presence
of three or more of the aldermen of the city aforesaid for the
time being, or in case of the absence of the said governor or
commander-in-chief, then to the oldest counsellor of the said
province for the time being, in the presence of any three or more
of the aldermen of the said city for the time being, to administer
such oaths accordingly, without any other warrant, commission
or power from us, our heirs or successors; and so from time to
time, as often as the case shall or may require or happen. And
Recorder to the above named recorder of the said city of New York, and
be sworn.  every other person hereafter to be appointed to or for that office,
to take the proper oath as such officer ought to take, and an
oath well and truly to execute the office of recorder, and the
Before the proper oath of a justice of peace, before the mayor of the said
mayor or his city for -the time being, or his deputy; to which same mayor
for the time being, or his deputy, we do, for us, our heirs and
successors, give full power and authority by these presents to
administer such oaths accordingly in manner aforesaid, without
any other warrant, commission or power from us, our heirs and
successors; and every deputy mayor or every alderman hereafter to be appointed to act as deputy mayor for the time being,




CITY OF NEW  YORK.                            241
to take the proper oath as such, an oath well and truly to exe- Deputy
cute the office of a deputy mayor, during the time for which he swor. b
shall be appointed deputy, if the same mayor, his constituent,
shall so long live.  And if the said mayor shall happen to die
within such time, that thereupon and from thenceforth such deputy mayor shall well and truly execute the office of mayor of
the said city, until another fit person be appointed and sworn
mayor of the said city, in the manner in these present letters
mentioned; and shall also take the proper oath of a justice of Hisoath.
the peace before the mayor or recorder, and any three or more
of the aldermen of the said city for the time being. And we do
hereby, for us, our heirs and successors, give full power and au- Mayor or rethority to the mayor or recorder of the said city, and to any nyd three
three or more of the aldermen of the said city, for the time be- odrn  a, to
ing, to administer such oaths as aforesaid without any other administer
warrant, commission or power from us, our heirs or successors.
And also, every alderman hereby appointed, and every person Aldermen,
hereafter to be elected to or for the office or place of alderman asssors'
of or in the said city, to take an oath well and truly to execute nherif, coler
the office or place of alderman, and the proper oath of a justice haberigh
of the peace, before the mayor of the said city for the time being, constable,
or his deputy, or the recorder of the said city for the time being;
And also, every assistant, assessor, sheriff, coroner, common
clerk, chamberlain, high constable and petty constable hereby and petty
named, and every person hereafter to be elected or appointed to constables,
or for the office or place of an assistant, assessor, coroner, common clerk or chamberlain, or shall be appointed or elected to or Be sworn be.
for the office or place of high constable or petty constable of or mayor or hi
in the said city, each of them  respectively to take the proper eput, or
oath for his respective office or place, and well and truly to execute the respective offices or places he is or shall have been respectively elected or named for before the said mayor of the
said city for the time being, or his deputy, or the recorder of
the said city for the time being. And we do hereby give full
power and authority to the mayor of the said city for the time
being, or his deputy, or the recorder of the said city for the time
being, to administer such respective oaths to each of the respective persons aforesaid accordingly, without any other warrant,
power or authority from us, our heirs or successors.
34. Andfurther, of our especial grace, certain knowledge and No free citi.
meer motion, we have granted, and by these presents do for our- city to be
selves, our heirs and successors, grant and confirm  unto the agnt their
aforesaid mayor, aldermen and commonalty of the city of New Wnl,  to
York, aforesaid, and to their successors, that neither they nor i.iest or
juries, or to
any of them, nor any free citizen of the said city during the time execute any
of their being inhabitants there, shall, against their or any of the jurisdictheir wills, out of the city aforesaid, be put or empanneled upon ti     th
or in any assizes, juries or inquisitions whatsoever (although it
toucheth or doth or shall touch us, our heirs or successors, and
although we or our successors be, or should, or shall be parties),
16




242                            CHARTERS OF THE
out of the said city, neither shall they or any one of them be
made, elected or chosen assessor, taxer or collector of any taxes,
duties, imposts or subsidies whatsoever, or of any part or parcel
of them or of any of them out of the said city; nor shall be ordained, elected, assigned or appointed constable, bailiff, or any
other officer or minister, without or beyond the said city aforesaid, and the liberties and precincts thereof; nor shall be called
upon, compelled or forced against their or any of their wills to
do, receive, occupy or discharge any of the duties or functions
above mentioned, or any other office, duty or function whatsoever, without the city liberties and precincts aforesaid.  And
although the aforesaid mayor, recorder and aldermen, fieemen
or free citizens of the city aforesaid, or any of them shall, while
they are or remain inhabitants of the said city, against their
or any of their wills, be put, empanneled or returned upon
any assizes, juries or inquisitions whatsoever out of the said
city and limits thereof; or shall, to any of the offices above
mentioned, or any other office or function whatsoever out
of the said city, be elected or chosen; and though they or
any of them being summoned, empanneled or returned, elected
or  chosen  as aforesaid, shall refuse or neglect to  come
and appear before our justices, or other justices, commissioners,
or officers of us, our heirs or successors (before whom  such assizes, juries or inquests shall happen to be summoned or returned), or in or upon the same assizes, juries or inquests, shall
refuse or neglect to be sworn or tried, or any of the offices, duties or functions aforesaid, shall refuse to do, receive, occupy or
discharge, yet the person or persons so refusing, any contempts,
fines, amerciaments, penalties, forfeitures or loss whatsoever, by
reason of such refusal or neglect to or towards us, our heirs or
successors, shall not nor either of them  shall in any wise incur,
but therefrom and thereof, as well before us, our heirs and successors, as all other the justices, commissioners and other officers
whatsoever of us, our heirs and successors, shall remain quiet
and forever discharged.
Confirma.    3-5. And further, we do, for us, our heirs and successors, by
tion    to    all. 1     
th inhabt- these present letters give, grant, ratify and confirm unto all and
of thouse   every the respective inhabitants and freeholders of the said city
lands tene- of New York, and their several and respective heirs and assigns
ments and
heredita-  forever, all and every the several and respective messuages, tenements, lands, and hereditaments, situate, lying and being in the
said city; and Manhattan's Island aforesaid, to them  severally
and respectively granted, conveyed or confirmed, or mentioned,
or intended to be granted, conveyed or confirmed, by any of the
late governors, lieutenant governors or commanders in chief of
the said province, or by any of the former mayors or deputy
mayors, and aldermen and commonalty of the said city of New
York, by that or any other name, style or title, or by others
claiming under any such grant or conveyance, to have and to
hold to them respectively, and to their respective heirs and as



CITY OF NEWV YORK.                           243
signs forever; saving and reserving the several rents and quit
rents, reserved and due, and to be due and payable from each
of the several persons to whom, by virtue of any former grants
to them (or those from or under whom they respectively hold)
the same messuages, tenements, lands or hereditaments were
made or given.
36. And fitrther, of our special grace, certain knowledge and Corporation.^*~~~ -\1~~ ~ r~ *t~'~.'~~ ^        to purchase
meer motion, we do, for us, our heirs and successors, give, grant, and  hold
ratify and confirm to the said mayor, aldermen and commonalty the  clear
of our said city of New York, and to their successors forever, yexeer  n
full, special and free liberty, license, power and authority to ~3,000 str
ling per antake, receive, have, hold and enjoy to them and their successors num
forever, in fee simple, any manors, messuages, lands, tenements,
hereditaments, rents and other possessions and real estate within or without the same city, as well of and from us, our heirs
and successors, as of and from all and every other person and
persons whomsoever: so as the manors, messuages, lands,
tenements, hereditaments, rents and other possessions and real
estate, which the mayor, aldermen and commonalty of the city
of New York shall and may have in their possession and seizen,
at any one time, exceed not, in the whole, the clear yearly rent
or value of three thousand pounds per annum, money of our
realm of Great Britain, beyond and above all charges and reprises, without any hindrance of us, our heirs or successors,
or the justices, escheators, sheriffs, coroners, baliffs or other the
ministers of us, our heirs or successors; and this without any
other letters patent, liberty, license or power, from us, our
heirs or successors, the Statute of Mortmain, or any other act,
law or statute, or any other cause, thing or matter whatsoever,
to the contrary thereof in any wise notwithstanding; and the
same manors, messuages, lands, tenements, hereditaments, rents
and other possessions, or any part thereof, to demise, grant,
lease and set over, assign and dispose, at their own will and
pleasure, and to make, seal and accomplish any deed or deeds,
lease or leases, evidences or writings, for or concerning the
same or any part thereof.
37. And we do, by these presents, of our special grace, certain Grant and
knowledge and meer motion, give, grant, ratify and confirm tottlecorto
unto the said mayor, aldermen and commonalty of the city of their buildNew York, and their successors forever, all those the now city k"gs fet
hall and jails, rooms or places for the courts of justice and acnttlands,
chambers adjoining, with the ground and appurtenances thereto wharfs, &.,
and betwenbelonging, the five market-houses, the great dock, the now hig and o
water mark
crane and wharf, with the common sewer leading through the on lMahatgreat dock and bridge, and also the magazine or powder-house tnsat and
near the fresh water, all in the city of New York, and the ferry adjoiing 
and ferries on both sides of the East river, and all other ferries Brooklyn.
now and hereafter to be erected and established all round the
island of Manhattan's; and the management and rule of, and
all fees, ferriages and perquisites to the same, or any part there



244                           CHARTERS OF THE
of belonging or to belong; and also the ferry-houses on Nassau
Island, with the barns, stables, pen or pounds, and lot of ground
thereto belonging; and also all the ground, soil or land between
high water and low water mark, on the said island of Nassau,
from the east side of the place called Wallabout, to the west
side of Red Hook; and also to make laws and rules for the
governing and well ordering of all the ferries now erected or
established, or hereafter to be erected or established round the
saidIsland Manhattan's, and all the waste, vacant, unpatented and
unappropriated land lying and being within the said city of New
York, and on Manhattan's Island aforesaid, extending to low water mark; together with the right, benefit and advantage of all
docks, wharfs, cranes, and slips or small docks within this city,
with the wharfage, cranage and dockage, and all issues, rents, profits and advantages arising or to arise or accrue by or from all or
any of them; and all rivers, rivulets, creeks, coves, ponds, waters,
water-courses, fishing, fowling, hunting and hawking, mines and
minerals, and other royalties and privileges, within the city of New
York and Manhattan's Island; and also all and singular other the
rights, privileges, liberties, franchises, pre-eminences, advantages,
jurisdictions, courts, powers, offices, authorities, markets, ferries,
ferriages, fees, fines, amerciaments, perquisites, profits, inAnunities, lands, tenements, rents, possessions and hereditaments and
Grant  by other real estate, not only which in the before recited grant or
former char- writing made or mentioned to be made in the year of our Lord one
ters confirmed.     thousand six hundred and eighty-six, and in the before recited letters patent of Queen Anne, mentioned or intended to be thereby,
or by either of them granted or conveyed, but also, which the
mayor, aldermen and commonalty of the city of New York, or
their predecessors, inhabitants or citizens of the said city of New
York, or any part thereof, by whatsoever other name, style or
title they or any of them have been known or called, have held,
or claimed to hold, by prescription or otherwise (silver and
gold mines excepted), and also, except our Fort George in our
city of New York, and the ground, full boundaries, and extent
thereof or thereto belonging, and also that piece of ground near
the English church, called the Governor's garden, and the land
called the King's farm, with the swamp next to the same; and
saving the several rents, reserved by virtue of former grants,
and saving to all other persons, bodies politic and corporate,
their respective titles to any of the said lands or tenements; and
saving to the inhabitants of those that have plantations by the
water side, between Wall-about and Red Hook, the right of
transporting themselves and their own goods only in their own
boats, from  and to their respective dwellings or plantations,
without paying ferriage, to have and to hold all and singular the
premises aforesaid, and every part and parcel thereof (except
and saving as is herein excepted and saved) unto the said mayor,
aldermen and commonalty of the city of New York, and their
successors forever, to their only proper use and behoof forever.




CITY OF NEW YORK.                            245
38. And also, we do further, of our special grace, certain Grantof the
knowledge and meer motion, give, grant, ratify and confirm water, from
Bestaver's
unto the said mayor, aldermen and commonalty of the city of Kinitie to
New York and to their successors forever, all that space ofthe forth
ground and soil of Hudson's river now lying and being under river
the water of the same river, to begin at a certain place near
high water mark near the south end of a piece of upland, which
lies between the said river and a piece of meadow ground or
marsh, being the first piece of meadow ground or marsh near
Hudson's river, to the southward of Greenwich, and  from
whence the above named run of water, called Bestaver's Killitie
or rivulet, runs into Hudson's river, from which place of beginning to extend or run to the south side of the street, which
runs from  the parade before our fort in New  York to Iudson's river, south eighteen degrees, thirty minutes west, on a
straight line, the distance being one hundred and twenty-five
chains, from which line to run a perpendicular breadth of, and
to comprehend four hundred feet from  low water mark into
Hudson's river, the same containing eighty-two acres and one
half acre or thereabout.  And also, all that space of ground and  a  of the
East   river,
soil of the East river, from the north side of Corlaer's Hook to from  Corlaer's Hook
Whitehall, beginning at two large stones set on the south side to   the
of a small creek, in a marsh on the north side of Corlaer's Whitehall
Hook; from whence to the eastermost point of Corlear's Hook,
the distance on a straight line running south fifteen degrees,
thirty minutes east, is forty chains and two rods; from thence to
Whitehall, on a straight line running south, seventy-eight degrees, thirty-minutes west, the distance is one hundred and fiftytwo chains, from which two lines to run a perpendicular breadth
of and to comprehend four hundred feet from low water mark
into the East river, the same containing one hundred and
twenty-seven acres or thereabouts; together with all and singular the benefits, liberties, privileges, ways, water-courses, easements, wharfs, keys, profits, hereditaments and appurtenances
to the same, or any part thereof belonging or appertaining, or
to belong or to appertain, or that can in any wise be had, made,
used or enjoyed thereon, or therewith used, with full power and
authority at any time or times hereafter to fill, make up, wharf Power  to
and lay out all and every part thereof; and the same to build thesame.
upon and make use of in such manner as they, the said mayor,
aldermen and commonalty, and their successors shall think fit;
and also all our estate, right, title, interest, benefit, claim and demand whatsoever, of, in or to the same, and the reversion and reversions, remainder and remainders, and the yearly and other
rents, issues and profits thereof: To have and to hold, all and
singular the premises aforesaid, unto them  the said mayor,
aldermen and commonalty, and their successors, to their own
proper use and behoof forever, and to no other use, intent or
purpose whatsoever. Provided always, that nothing in these
presents shall be construed to empower or entitle the said




246                            CHARTERS OF THE
mayor, aldermen and commonalty of the city of New York, or
their successors, to wharf out before any persons who have
prior grants from us or some or one of our predecessors, of keys
or wharfs beyond low water mark, without the actual agreement or consent of such person, their heirs or assigns, owners
of such keys or wharfs.  And also, that of the wharves to be
built or run out, there shall be left towards the East and
North rivers, forty feet broad, as well for the greater conveniency of trade, as at any time or times hereafter, for us, our
heirs and successors, to plant batteries thereon, in case of any
necessities; to do which, we do, for us, our heirs and successors,
hereby reserve power; anything herein contained to the contrary, in any wise notwithstanding; they, the said mayor, aldermen and commonalty, and their successors, rendering, yielding and paying, for all and every the rights, privileges, franchises,
pre-eminences, advantages, jurisdictions, courts, powers, offices,
authorities, fines, amerciaments, perquisites, fees, ferriages,
profits, immunities, lands, tenements, rents, possessions, hereditaments and other real estate, and all other the premises in and
by these letters before and hereafter granted, or meant, mentioned or intended to be hereby granted unto us, our heirs or
successors, or unto our or their receiver-general for the said
province of New York, for the time being, at the custom-house
in the said city of New York, yearly and every year, on the feast
day of St. Michael the Archangel, the annual rent of thirty
shillings, proclamation money, besides and over and above the
quit rent of one beaver skin, or the value thereof, in current
money of our said province in and by the aforesaid recited
grant, made in the year one thousand six hundred and eightysix, reserved to be paid on the twenty-fifth day of March yearly,
forever; and also the yearly quit rent of five shillings, current
money of New York, in and by the before recited letters patent
of Queen Anne, reserved to be paid at or upon the feast day of
St. John the Baptist, yearly, forever.
Corporation   39. And we do further, of our especial grace, certain knowlquietly  to edge and meer motion, for us, our heirs and successors, by these
enjoy  all
thnir rights presents, give and grant unto the aforesaid mayor, aldermen
leges.    and commonalty of the said city of New York, and their successors forever, that they and their successors, all and singular
the rights, privileges, franchises, pre-eminences, advantages,
authorities, jurisdictions, liberties, offices, courts, powers, immunities, ferries, ferriages, profits and perquisites hereinbefore
mentioned, or intended to be hereby granted or confirmed, shall
and may forever hereafter have, hold, enjoy and use, without
the hinderance or impediment of us, our heirs or successors, or
of any of the justices, sheriffs, escheators, coroners, bailiffs or
other officers or ministers whatsoever of us, our heirs or successors, albeit the same, or some or any one of them, have not
been used or may have been abused, misused or discontinued,
forfeited or lost, being unwilling, and hereby forbidding, that




CITY OF NEW YORK.                             247
the said mayor, aldermen and commonalty, or their successors,
or any of them by reason of the premises aforesaid or any part
thereof, by us, our heirs, or by the justices, sheriffs, escheators,
bailiffs, or other officers or ministers of us, our heirs or successors, be hindered, molested, vexed or aggrieved, or in any wise
disturbed; being willing, and by these presents for ourselves,
our heirs and successors, commanding as well all the judges and
justices of us, our heirs and successors, as the attorney and
solicitor-general of us, our heirs and successors for the said
province for the time being; and also all other officers and ministers whatsoever of us, our heirs and successors, for the time
being, that neitherthey nor any of them do prosecute or continue, or cause to be prosecuted or continued, any information,
or any writ or summons of quo warranto, or any other writ or
writs, prosecution, suit or processes.whatsoever against the
aforesaid mayor, aldermen and commonalty of the city of New
York, or their successors for the time being, or against any of
them, for any causes, things, offences, claims, usurpations or
omissions, or any of them, by them, the said mayor, aldermen
and commonalty, or any of them, or by the predecessors or any
of them, or by any other mayor, aldermen and commonalty of
the city of New York or any of them, done, attempted, claimed,
used, had, usurped or committed, or omitted, at any time before
the making of these letters. And we being willing also that
the said now mayor, aldermen and commonalty of the city of
New  York, and their successors, shall not, nor shall any or
either of them, be molested or impeached by, or before any
judge or judges,. justice or justices, sheriffs, officers or other
ministers aforesaid, in or for any use, claim, abuse, usurpation,
of any the aforesaid, or of any other liberties, franchises, or
jurisdictions, within the city aforesaid and the liberties and precincts thereof, before the day of the making of these letters,
had used, claimed, abused or usurped, nor to or for them, or any
of them, or for any other thing whatsoever, shall be compelled
to answer; and also of our more abundant especial grace, certain  iiowledge ahd meer motion, we have given, pardoned,
remitted, released and quit claimed, and by these presents, do
for ourselves, our heirs and successors, give, pardon, remit,
release and quit claim  to the aforesaid mayor, aldermen and
commonalty of the city of New York aforesaid, and to their successors forever, by whatsoever name the same mayor, aldermen
and commonalty may be called, named or styled, or lately
heretofore were called, styled, named or titled, all and all manner and actions whatsoever, informations and suits of quo warranto and other informations, suits and prosecutions; and also,
all and singular, usages, non-usages, abuses, forfeitures, usurpations, intrusions, omissions, and also, all unjust claims of any
rights, privileges, liberties, franchises, jurisdictions, courts,
powers, offices, fees, fines, amerciaments, ferries, ferriages, perquisites, rents, possessions, lands, tenements or hereditaments




248                            CHARTERS OF THE
whatsoever, by the aforesaid mayor, aldermen and commonalty
of the city aforesaid, or by any of their predecessors, or by any
other mayor, aldermen and commonalty of the city of New York,
by whatsoever name or names, or incorporation, or by pretext
of any incorporation, before the day of the making of these
presents, perpetrated, made or claimed; and also, all and all
manner of fines, amerciaments, penalties, sums of money, and
other forfeitures whatsoever, by reason of such usurpation, intrusion, usage, non-usage, omission, abuse or unjust claim, and
that they, the said mayor, aldermen and commonalty of the city
of New York, and their successors, and every of them  be and
shall be, and hereby are, thereof fully acquitted and discharged
towards us, our heirs and successors forever; being unwilling
that they or any of them should, by reason of the premises
aforesaid, or any part thereof by us, our heirs and successors,
or by any of our justices, sheriffs, ministers or officers whatsoever, be troubled, molested, or in any wise vexed.
tovenantt    40. And further we do, of our especial grace, certain knowlcorporation edge and meer motion, will, declare and signify, and by these
shall quietly
enjoy  all presents for us, our heirs and successors, do grant unto and covtheir   franchises and enant with the said mayor, aldermen and commonalty of the city
lands.    of New York, and their successors, not only that they and their
successors forever hereafter may and shall have, hold, use, possess
and enjoy all the rights, privileges, liberties, franchises, jurisdictions, courts, powers, offices, authorities, markets, ferries, fees,
fines, amerciaments, perquisites, profits, immunities; and also all
the rents, possessions, lands, tenements and hereditaments, and all
other the premises in these presents mentioned, and intended to be
hereby granted and confirmed; but also, that these our letters, being entered upon record, as is hereinafter appointed, and the record or enrollment thereof, and either of them, and all and everything therein contained, from time to time, and at all times hereafter be, and shall be, firm, valid, good, sufficient and effectual in
law towards and against us, our heirs and successors, according to
the true intention thereof; and in and through all thinfgs shall
be construed, taken and expounded most benhnly, and irk favor,
and for the most and greatest advantage, profit and benefit
of the said mayor, aldermen and commonalty of the city of
New York, and their successors, as well in all courts as elsewhere, without any confirmation, licenses, tolerations procured
or to be procured of us, our heirs and successors, notwithstanding that any writ or writs of ad quod damnun, have or have
not issued or is or are not returned, before the making of
these precepts, and notwithstanding the not reciting, misreciting or not rightly or certainly reciting, or ill or wrong reciting the said rights, privileges, liberties, franchises, jurisdictions, courts, powers, offices, authorities, markets, ferries, fees,
amerciaments, perquisites, profits, immunities, rents, possessions, lands, tenements, hereditaments, and any other the premises in or by these presents granted, or mentioned, or intended




CITY OF NEW YORK.                             249
to be hereby granted, or any part or parcel thereof, and notwithstanding the not finding, or ill or not right or certain finding of
any office or offices, inquisition or inquisitions of the premises
hereby granted or mentioned, or intended to be hereby granted,
or any part or parcel thereof, by which our title in and to the
said premises, or any part thereof, might, could, should or ought
to have been found, before the making of these presents; and
notwithstanding any defect in not reciting, or ill reciting of any
lease, grant or grants of the premises, or any part thereof being
upon record, or not upon record, or otherwise howsoever; and
notwithstanding the ill naming, mis-naming, or not right or certain naming any place or precinct, wherein the premises or any
part thereof are or is; and notwithstanding any defect in not
mentioning, or not fully, rightly or certainly mentioning the
name or names of all or any of the rights, privileges, liberties,
franchises, jurisdictions, courts, powers, offices, authorities,
markets, ferries, fees, amerciaments, perquisites, profits, immunities, rents, possessions, lands, tenements, hereditaments or
other the premises hereby granted or intended to be granted, or
any part or parcel thereof; or of the yearly or other rent of, or
reserved in and upon the premises, or any part thereof; and
notwithstanding any defect for the want of a computation or
declaration, or for the omission of the true value of the premises in these presents mentioned or intended to be hereby granted,
or any part thereof, and n9twithstanding any defect in not mentioning our true right, estate or title of or to the same premises, or any part or parcel of them; and notwithstanding the
not mentioning, or not fully, rightly, or certainly mentioning the
natures, kinds, species or quantities of the premises or any of
them, or part or parcel of them; and notwithstanding any act,
statute or ordinance of Parliament, or any act of Assembly;
and notwithstanding any other defects, defaults or imperfections,
or any other cause or thing whatsoever. And further, that if
any fault, mistake or imperfection in time to come shall be
found in these presents, or any doubt, scruple or question be or
shall be made, or shall happen to arise concerning the premises,
or any part thereof, that we, our heirs and successors, shall and
will vouchsafe to make any other grant or assurance, under the
great seal of us, our heirs or successors, of the said province
of New York, to the mayor, aldermen and commonalty of the
city of New York for the time being, and their successors, at
their own proper charges, for the better giving, granting and
confirming, and for their safe and better enjoying the premises
aforesaid, and every part thereof, when it shall be desired by
the same mayor, aldermen and commonalty of the city of New
York or their successors. Also we will, and by these presents
grant unto the said mayor, aldermen and commonalty, that they
shall and may have these presents, made and sealed under the
great seal of our said province of New York, without rendering, paying or making any fine or fee, great or little, to us, or to




250                           CHARTERS OF THE
our use for the same, although no express mention is made of
the true yearly or other value, or of the certainty of the premises, or any part thereof, or of the gifts or grants, heretofore by
us, or our ancestors, or by any governor, lieutenant governor, or
commander in chief of the said province of New York, to the
mayor, aldermen and commonalty of the said city of New York,
or to the citizens and inhabitants of New York, aforesaid, by
that or any other name, style, or title, or any other statute, act,
ordinance, proclamation, provision or restriction made, published, ordained or provided to the contrary, or any other cause or
matter whatsoever, in any wise notwithstanding.
In testimony whereof, we have caused these our letters to be
made patent, and the great seal of our said province to be
hereunto affixed, and the same to be entered of record in our
secretary's office of our said province, in one of the books of
patents there remaining.  Witness our trusty and beloved John
Montgomerie, esq., our captain-general and governor in chief of
our said province of New York, and the province of New Jersey, and territories depending thereon in America, and vice-:ate of the admiral of the same, &c., at our Fort George in New York, the
ch'arter  fifteenth day of January, in the fourth year of our reign.
May it please your Excellency,
I have perused this Charter, and fiAd nothing therein prejudicial to the interest of his Majesty.
R. BRADLEY, Attorney-General.
To his Excellency, the Governor of the Province of New York, &c.
15th January, 1730.
MEMiORANDUMI.
THIS REPRINT of the Charter has been made from one printed
by order of the Common Council in 1832, and that was taken
from a prior copy certified many years before by T. Wortman,
as city clerk, to be a true copy. The editor has compared the
edition of 1832, with the Charter as reprinted in 1793 by Hugh
Gain, and certified to be a true copy by Robert Benson, clerk.
That was the best printed, and probably the most accurate copy
of the Charter that has appeared.
AN ACT FOR CONFIRMING UNTO THE CITY OF NEW
YORK ITS RIGHTS AND PRIVILEGES.*
th Ge. IT.  I.  Be it declared and enacted by the Governor, the Council and
Passed the 14th of October, 1732.
*Passed the 14th of October, 1732.




CITY OF NEW YORK.                           251
the General Assembly of the Colony of New York, and it is hereby
enacted by the authority of the same, That the mayor, aldermen and
commonalty of the city of New York, shall and may forever The mayor,
aldermen,
hereafter remain, continue and be a body corporate and politic, and  comin re-facto et nomine, by the name of the mayor, aldermen, and the city of
commonalty of the city of New York; and by that name to sue, e Y
plead, and be impleaded, and to answer and to be answered,
without any seizure or forejudger, for or upon any pretence of
any forfeiture or misdemeanor at any time heretofore done,
committed or suffered.
II. And be it enacted by the authority aforesaid, That all and Allenlettce
singular letters patent, grants, charters, and gifts, sealed under heretofore
made  to
the great seal of the colony of New York, heretofore made and them  degranted unto the mayor, aldermen, and commonalty of the city  red valid.
of New York be, and are hereby declared to be, and shall be
good, valid, perfect, and authentic, and effectual in the law, and
shall stand, be taken, reputed, deemed, and adjudged good, perfect, sure, available, authentic, and effectual in the law, against
the King's majesty, his heirs, and successors, and all and every
person and persons whomsoever, according to the tenor and
effect of the said letters patent, grants, charters, and gifts.
IIT. And be it enacted by the authority aforesaid, That all and ~,a  con
singular letters patent, grants, charters, and gifts, sealed under
the great seal of the colony of New York, heretofore made and
granted unto the mayor, aldermen, and commonalty of the city
of New York be, and are to all intents and purposes, hereby
ratified and confirmed.
IV. And be it enacted by the authority aforesaid, That the mayor, Ail thtis p
aldermen, and commonalty of the city of New York, and their leges, fransuccessors shall, and may forever hereafter, peaceably have, confirmed.
hold, use, and enjoy, all and every the rights, gifts, charters,
grants, powers, liberties, privileges, franchises, customs, usages,
constitutions, immunities, markets, duties, tolls, lands, tenements, estates, and hereditaments, which have heretofore been
been given or granted unto the mayor, aldermen, and commonalty of the city of New  York, by any letters patent,
grant, charter, or gift, sealed under the seal of the colony of
New York.
V. And be it enacted by the authority aforesaid, That this present act shall be accepted, taken and reputed to be a general
and public act of Assembly; of which all and every the judges
and justices of this colony, in all courts, and all other persons,
shall take notice on all occasions whatsoever, as if it were a
public act of Assembly, relating to the whole colony; anything
herein contained to the contrary thereof in any wise notwithstanding.




252                             CHARTERS OF THE
AN ACT TO AMEND THE CHARTER OF THE CITY
OF NEW YORK.*
T'he People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Lgislative    1. The legislative power of the corporation of the city of
New York shall be vested in a board of aldermen, and a board
of assistants, who together shall form the common council of
the city.,tla   ward  2. Each ward of the city shall be entitled to elect one person,
alderman  to be denominated the alderman of the ward, and the persons so
ast.     chosen, together, shall form  the board of aldermen; and each
ward shall also be entitled to elect one person to be denominated
an assistant alderman; and the persons so chosen, together,
shall form the board of assistants.
Who are li-  3. The aldermen and assistant aldermen shall be chosen for
gible.
one year; and no person shall be eligible to either office, who
shall not, at the time of his election, be a resident of the ward
for which he is chosen.
Election of, 4. The annual election for charter officers shall commence on
the second Tuesday in April, and the officers elected shall be
sworn into office on the second Tuesday in May thereafter; and
all the provisions of law now in force in regard to the notification, duration and conduct of elections for members of Assembly, and in regard to the appointment, powers, and duties of the
inspectors holding the same, shall apply to the annual election
of charter officers.
lion elec  5. The first election for charter officers, after the passage of
second Tues- this law, shall take place on the second Tuesday in April, one
dao April, thousand eight hundred and thirty-one; and all those persons
who shall have been elected under the former laws regulating
the election of charter officers, and shall be in office at the time
of the passage of this law, shall continue in office until the officers elected under this law  shall be entitled to be sworn into
office.
Power to di   6. The board of aldermen shall have power to direct a special
rect special
eioelection   elctio  to be held, to supply the place of any alderman whose
seat shall become vacant by death, removal from the city, resignation or otherwise; and the board of assistants shall also have
power to direct a special election to supply any vacancy that
may occur in the board of assistan:ts; and in both cases, the
person elected to supply the vacancy shall hold his seat only
for the residue of the term  of office of his immediate predecessor.
Meeting of  7. The boards shall meet in separate chambers, and a mathe board                                 s
and  theirjority of each shall be a quorum  to do business.  Each board
shall appoint a president from  its own body, and shall also
choose its clerk and other officers, determine the rules of its
* Passed April 7th, 1830.-Ch. 122.




CITY OF NEW YORK.                             253
own proceedings, and be the judge of the qualifications of its
own members. Each board shall keep a journal of its proceedings, and the doors of each shall be kept open, except when the
public welfare shall require secresy; and all resolutions and
reports of committees which shall recommend any specific improvement involving the appropriation of public moneys, or taxing or assessing the citizens of said city, shall be published
immediately after the adjournment of the board, under the
authority of the common council, in all the newspapers employed by the corporation; and whenever a vote is taken in relation thereto, the ayes and noes shall be called and published
in the same manner.
8. Each board shall have the authority to compel the attend- Power to exance of absent members; to punish its members for disorderly p'e, &c.
behavior, and to expel a member, with the concurrence of twothirds of the members elected to the board; and the members
so expelled shall, by such expulsion, forfeit all his rights and
powers as an alderman or assistant alderman..
9. The stated and occasional meetings of each board of the Ocsional
common council shall be regulated by its own ordinances; and
both boards may meet on the same or on different days, as they
may severally judge expedient.
10. Any law, ordinance, or resolution of the common coun- iaws ordi-.I.ances    and
cil may originate in either board, and when it shall have passed resolutions
one board, may be rejected or amended by the other.            atein either
11. No member of' either board shall, during the period for b lhntion
which he was elected, be appointed to, or be competent to hold of mmber
to  holed  ofany office of which the emoluments are paid from the city fie.
treasury, or by fees directed to be paid by any ordinance or act
of the common council, or be directly or indirectly interested
in any contract, the expenses or consideration whereof are to
be paid under any ordinance of the common council; but this
section shall not be construed to deprive any alderman or assistant of any emoluments or fees which he is entitled to by virtue
cf his office.
12. Every act, ordinance or resolution, which shall have passed TaYorsfotthe two boards of the common council, before it shall take ef- of proceedfeet, shall be presented, duly certified, to the mayor of the city, i &G
for his approbation.  If he approve, he shall sign it; if not,
he shall return it, with his objections, to the board in which it
originated, within ten days thereafter; or if such board be not
then in session, at its next stated meeting. The board to which
it shall be returned, shall enter the objections at large on their
journal, and cause the same to be published in one or more of
the public newspapers of the city.
13. The board to which such act, ordinance, or resolution
shall have been so returned, shall, after the expiration of not
less than ten days thereafter, proceed to reconsider the same.
If, after such reconsideration, a majority of the members elected
to the board shall agree to pass the same, it shall be sent, to



25 4                          CHARTERS OF THE
gether with the objections, to the other board, by which it shall
be likewise reconsidered, and if approved by a majority of all
the members elected to such board, it shall take effect as an act
or law of the corporation. In all such cases, the votes of both
boards shall be determined by yeas and nays, and the names of
the persons voting for and against the passage of the measure
reconsidered, shall be entered on the journal of each board respectively.
14. If the mayor shall not return any act, ordinance, or resolution so presented to him within the time above limited for
that purpose, it shall take effect in the same manner as if he had
signed it.
Prohibition   15. Neither the mayor nor recorder of the city of New York
of the mayor
and recorder shall be a member of the common council thereof, after the
second Tuesday of May, one thousand eight hundred and thirtyone.
When the  16. Whenever there shall be a vacancy in the office of mayor,
president of
the  board and whenever the mayor shall be absent from  the city, or be
shall act as
mayor.   prevented bj- sickness, or any other cause, from  attending to
the duties of his office, the president of the board of aldermen
shall act as mayor, and shall possess all the rights and powers
of the mayor, during the continuance of such vacancy, absence,
or disability.
Duty of the 17. It shall be the duty of the mayor:
mayor.
FIRST. To communicate to the common council, at least once
a year, and oftener if he shall deem it expedient, a general
statement of the situation and condition of the city, inrelation
to its government, finances, and improvements.
SECOND. To recommend to the adoption of the common
council all such measures, connected with the police, security,
health, cleanliness, and ornament of the city, and the improvement of its government and finances, as he shall deem expedient.
THIRD. To be vigilant and active in causing the laws and
ordinances of the government of the city to be duly executed
and enforced.
FOURTH. To exercise a constant supervision and control over
the conduct and acts of all subordinate officers, and to receive
and examine into all such complaints as may be preferred against
any of them for violation or neglect of duty, and generally to
perform all such duties as may be prescribed to him by the
charter and city ordinances, and the laws of this state and the
United States.
Appropria-   18. Annual and occasional appropriations shall be made by
tions, when
made.    proper ordinances of the common council, for every branch and
object of city expenditure, nor shall any money be drawn from
the city treasury, except the same shall have been previously
appropriated to the purpose for which it was drawn.
Borrowing    19. The common council shall not have authority to borrow
mo  any sums of money whatever on the credit of the corporation,




CITY OF SNEW YORK.                           255
except in anticipation of the revenue of the year in which such
loan shall be made, unless authorized by a special act of the
legislature.
20. It shall be the duty of the common council to publish, Publising
two months before the annual election of charter officers in statements
of receipts
each year, for the general information of the citizens of New andexpendiYork, a full and detailed statement of the receipts and expend- turs.
itures of the corporation, during the year, ending on the first
day of the month in which such publication is made; and in
every such statement, the different sources of city revenue, and
the amount received from  each; the several appropriations
made by the common.council, 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.
21. The executive business of the corporation of New York Executive
shall hereafter be performed by distinct departments, which it
shall be-the duty of the common council to organize and appoint for that purpose.
22. It shall be the duty of the common council to provide Accountafor the accountability of all officers and other persons to whom y of ers.
the receipt or expenditure of the funds of the city shall be
entrusted, by requiring from them sufficient security for the
performance of their duties or trust, which security shall be
annually renewed; but the security first taken shall remain in
force until new security shall be given.
23. The clerk of the board of aldermen shall, by virtue of Dutiesofthe
his office, be clerk of the common council, and shall perform board of alall the duties heretofore performed by the clerk of the common der
council, except such as shall be assigned to the clerk of the
board of assistant aldermen; and it shall be his duty to keep
open for inspection, at all reasonable times, the records and
minutes of the proceedings of the common council, except such
as shall be specially ordered otherwise.
24. The division of the common council into two boards, Dvision of
shall not take effect until the officers to be elected under this council into
law enter on the duties of their office. Each board shall hold and  ther
its first meeting, for the purpose of organizing, on the second time    f
Tuesday of May in each year, at which time the mayor or clerk
of the common council shall attend, by whom the oath of office
shallbe administered.to the members elected.  In the absence of
the mayor and clerk, such oath may be administered by the
recorder or first judge of the city, or by any of the justices
of the Superior Court.
25. None of the provisions of this act, except the eighteenth, Provisions
of this act,
nineteenth, twentieth and twenty-second sections, shall bewhen to apconstrued as applying to the common council as now consti- PY
tuted.




256                            CHARTERS OF THE
What parts  26. Such parts of the charter of the city of New York, and
of the charter not re of the several acts of the legislature amending the same, as are
pealed.   not inconsistent with the provisions of this law, shall not be
construed as repealed, modified, or in any manner affected
thereby; but shall continue and remain in full force.
AN ACT TO AMEND THE CHARTER OF THE CITY
OF NEW YORK.*
The People of the State of New York, represented inM Senate and
Assembly, do enact as Jollows:
Legislative    SEC. 1. The legislative power of the  corporation of the
we in  a city of New York shall continue to be vested in a board of
odermena    aldermen, and a board of assistant aldermen, who together shall
assstnt  form the common council of the city.  The board of aldermen
aldermen.
Election of shall consist of one alderman from  each ward, who shall be
aldermen
and assist- elected by the people of the respective wards, for two years.
ten.'dr- The board of assistant aldermen shall consist of one assistant
alderman from each ward, who shall be elected in like manner,
and shall hold their office for one year.
Election of SEC. 2. The election for charter officers shall be held on
cfhacer   the day of the general state election, when all charter officers eligible by the people shall be chosen, and the officers who
shall be elected shall be sworn into office on the first Monday
of January thereafter; and the laws of the state regulating elections shall apply to elections of charter officers; but the common council may, by law, extend the time for the canvass of the
votes. The mayor shall hold his office for a period of two
years.
Common     SEC. 3. The common council during the year one thoucouncil to sand eight hundred and fifty may hold its sessions as often
hold  stated.
sessions. as each board shall, by resolution, appoint, and thereafter
the common council shall hold their sessions monthly, commencing on the first Monday of each month; but at no
such session shall the members be entitled to draw any per
Extra sea- diem allowance for a longer period than eight days. The
sions.    mayor may convene the common council or the  board  of
aldermen only, at any time between the sessions, if, in his
judgment, any exigency shall have arisen to render such a proceeding necessary, on the request, in writing, of a majority
of the members elected to  each board, specifying the purposes for which such meeting is called; in which case the
action of the common council shall be confined to the matters in reference to which it shall have been so convened, or
to such other matters as may be submitted by the mayor for its
consideration Uuring such session; and the respective boards
* Passed April 2, 1849, three-fifths being present. Chap. 187.




CITY OF NEW YORK.                            257
may adjourn from day to day until such business shall be completed.  [As amended by ~ 1, chap. 543, Laws of 1851.]
SEC. 4. The boards shall sit in separate chambers, and the Sessions
doors shall be kept open, except when the public welfare shall pubic
require secrecy. A majority of each shall be a quorum to do Quorum.
business, but a smaller number may adjourn from  day to day,
and may compel the attendance of absent members. Each President
board shall appoint a president from its own body; shall choose how chosen.
its clerk and other officers; determine the rules of its own proceedings; be the judge of the election returns and qualifications spoilPrd
of its own members; keep a journal of its proceedings, and
have power to direct special elections to fill its own vacancies;
to compel the attendance of members; to punish them for disorderly conduct, and expel a member by a vote of two-thirds of
all the members elected, after five days' notice, and opportunity
of being heard has been given to him; but such resolution of
expulsion shall be of no effect, unless it contain a provision for
a special election within two weeks thereafter, to supply such
vacancy; provided, however, that such special election shall
not be ordered unless there be at least two months of the term
of the expelled member unexpired.  The clerk of the board of Caork   of
aldermen shall, by virtue of his office, be clerk of the common aldermen
council, and shall perform  all the duties heretofore performed o common
by the clerk of the commou council, except such as shall be coucil.
assigned to the clerk of the board of assistant aldermen; and it
shall be his duty to keep open, for inspection, at all reasonable
times, the records and minutes of the proceedings of the common Minutes.
council, except such as shall be specially ordered otherwise.
The two boards shall have concurrent powers, and a negative Boards have
on each other's proceedings, and shall in all cases act as separate powers.
bodies, and shall not appoint joint committees, except a committee on accounts. Each board may originate, amend, concur
in, or reject any law, ordinance or resolution; but no law shall
pass either board, except ly a majority of the members elected. Majority.
Neither board shall adjourn for a longer period than three days, Adjo'rn.
except by a resolution, to be concurred in by the  other
body.
SEC. 5. It shall be the duty of the clerks of the respective Clb  prto
boards to publish all ordinances and amendments of ordinances ceedings, &c.
which shall be passed, and also the proceedings, in the newspapers employed by the corporation, except such parts as
may require secrecy, and whenever a vote shall be taken in
either board, upon the passage of a resolution or ordinance,
which shall contemplate any specific improvement, or involve
the sale, disposition or appropriation of public property, or the
expenditure of public moneys or income therefrom, or lay any
tax or assessment, such resolution or ordinance shall, before the Resolutions
and  ordisame shall be sent to the other board, and immediately after the nances pub.
adjournment of the board at which the same shall have been is & Tnoits
passed, be published with the ayes and noes, with the names of
17




)58                             CHARTERS OF THE
the persons voting for and against the same, in at least two
newspapers, as a part of the proceedings; and no act, resolution, or ordinance, which shall have passed one board, shall be
acted upon by the other board on the same day, unless by
unanimous consent, except in case of invasion, insurrection or
pestilence.
Ordinances    SEC. 6. If any ordinance or resolution passed by each board,
or  resolutron rt: as provided by sections twelve and thirteen of the amended
come a law, charter of one thousand eight hundred and thirty, shall not be
unless    returned  byreturned by the  mayor within ten days (Sundays excepted)
mayor within ten days. after it shall have been presented to him, the same shall become
a law in like manner as if he had signed it, unless the close of
the session of the common council shall prevent its return, in
which case it shall not be a law until the expiration of five
days after the commencement of the next session of the common council, by whom  the ordinance or resolution shall be
reconsidered, if returned within such time, and be disposed of in
the same manner and with like effect as if presented at the preceding session.
Moneyc,    SEC. 7. No money shall be drawn from the city treasury, exwhen to be cept the same shall have been previously appropriated to the
drawn from
treasury.  purpose for which it is drawn; and all appropriations shall be
based upon specific and detailed statements, in writing, of the
several heads of the departments, through the comptroller.
Impeach-    SEC. 8. The board of assistant aldermen shall have the sole
ment.    power of impeachment of all city officers, not otherwise provided for; and pending such impeachment, and until the final
disposition thereof, the party impeached shall not exercise any
)f the functions of his office.  The board of aldermen shall have
he sole power to try all impeachments; when sitting for that
purpose, they shall be on oath or affirmation, truly and impar-;ially to try the impeachment, according to evidence, and no
person shall be convicted without the concurrence of twoEffect of thirds of all the members elected to said board. Judgment in
judgment in
as of im- case of impeachment shall not extend farther than removal from
peachment. office, and disqualification to- hold any office under the city
charter; but the party convicted shall be liable to indictment,
trial, judgment and punishment according to law.
Executive    SEC. 9. The executive  power of the corporation shall be
where vest- vested in the mayor, the heads of departments, and such other
ed.     executive officers as shall be from time to time created by law,
and neither the common council, nor any committee or member
thereof, shall perform any executive business whatever, except
such as is or shall be especially imposed on them by the laws of
the state, and except that the board of aldermen may approve
or reject the nominations made to them, as hereinafter provided.
Police de- SEC. 10. There shall continue to be an executive department,
partent. which shall be known as the " Police Department," and the
mayor of the city shall be the head thereof. There shall be a




CITY OF NEW YORK.                            259
bureau in this department, and the chief officer thereof shall be
denominated the " Chief of Police."
SEC. 11. There shall be an executive department, which shall
be denominated the "Department of Finance," which shall have rp artmcet
control of all the fiscal concerns of the corporation, and shall
prescribe the forms of keeping and rendering all city accounts
whatever, and all accounts rendered to or kept in the several
departments of the city government shall be subject to the inspection and revision of the officers of this department. It shall
settle and adjustall claims whatsoeverbylthe corporation oragainst
them, and all accounts whatsoever in which the corporation is
concerned, either as debtor or creditor. The chief officer of this department shall be called the " Comptroller of the city of New Comptroller
York."  There shall be a bureau in this department for the
collection of the revenue accruing from taxes; the chief officer
thereof shall be called the " Receiver of Taxes," who shall nom- Reeiver of
inate, and with the advice and consent of the board of aldermen appoint, so many clerks as shall be authorized by the common council; provided that nothing in this act contained shall
be held to interfere with the tenure of office of the present
receiver of taxes, and deputy receiver of taxes, as established
by the act passed April 11, 1848.  There shall be a bureau in
this department for the collection of the revenue accruing from
rents and interest on bonds and mortgages, and for the performance of such other duties as may be directed by the common
council, the chief officer of which shall be called the " Collector Collector of
of the City Revenue."  There shall be a bureau in this depart- 
ment for the reception of all moneys paid into the treasury of
the city, and for the payment of moneys therefrom on the warrant drawn by the  Comptroller, and  countersigned by the
mayor and clerk of the common council, and the chief officer
thereof shall be called the " Chamberlain of the city of New lChaerYork."
SEC. 12. There shall be an executive department under the Street  de.
denomination of the " Street Department," which shall have prtt
cognizance of opening, regulating and paving streets; building and repairing wharves and  piers; digging  and building wells, and the construction of public roads, when done by
assessment; the filling up of sunken lots, under ordinances
of the common council from  the  city inspector's department. It shall also have cognizance of collecting the assessments connected with such expenditures; the chief officer shall
be called the " Street Commissioner."  There shall be a bureau Street comin this department for the collection of assessments, and the "is"'Oe"
chief officer thereof shall be called the " Collector of Assess- C~olector of
ments," and his assistants "Deputy Collectors."  There shall Deptrs
be a bureau in this department, the chief officer of which shall Superintendent    of
be called the" Superintendent of Wharves."                     wharves.
SEc. 13. There shall be an executive department to be denominated the department of "Repairs and Supplies," which Reppaisnd




260                            CHARTERS OF THE
shall have cognizance of all repairs and supplies of and for
roads and avenues, public pavements, repairs to public buildings, to fire-engines and apparatus of fire department, and the
commission- chief officer thereof shall be called the " Commissioner of Rerd fuppi epairs and Supplies."  There shall be four bureaux or branches
Bureaux. in this department, and the chief officers shall be respectively
denominated the " Superintendent of Roads," "Superintendent
of Repairs to Public Buildings," "Superintendent of Pavements," and " Chief Engineer of the Fire Department."
Department SEC. 14. There shall be an executive department, to be deof  trets nominated the "Department of Streets and Lamps," which
shall have cognizance of procuring the necessary supplies for
and of lighting the public streets and places, lighted at the expense of the corporation; and of cleaning the public streets
and collecting the revenue arising from the sale of manure, and
also of the transferring of butchers' stalls in the public markets.
The chief officer thereof shall be denominated "Commissioner
Bureaux.  of Streets and Lamps."  There shall be three bureaux in this
department, and the chief officers thereof shall be called the
" Superintendent of Lamps and Gas,"  "Superintendent of
Streets," and "Superintendent of Markets."
Croton    SEC. 15. There shall be an executive department under the
Aqardct  denomination of the " Croton Aqueduct Board," which shall
have charge of the Croton aqueduct, and all structures and
works and property connected with the supply and distribution
of water to the city of New York, and the underground drainage of the same; and of the public sewers of said city; and
the collection of the revenues arising from  the sale of the water, with such other powers and duties as shall or may be prescribed by law. The chief officers thereof shall be called the
"President, Engineer and Assistant Commissioner," who together shall form the Croton aqueduct board, and hold their
offices for five years. There shall be a bureau in this department for the collection of the revenues derived from the sale
water regis- of the water, and the chief officer thereof shall be called the
"' Water Register."
City inspect  SEC. 16. There shall be an executive department under the
ors depart denomination of the "City Inspector's Department," which
shall have cognizance of all matters relative to the public health
City Inspect- of said city, and the chief officer thereof shall be called the
or.     " City Inspector."
Almshouse    SEC. 17. There shall be an executive department known as
department. the " Alms-house Department," which shall have cognizance of
all matters relating to the alms-house and prisons of said city,
Governors the chief officers thereof shall be called the " Governors of the
of the almshouse.    Alms-house."  They shall consist of the number, derive and
hold their offices, and be charged with the duties, powers and
responsibilities as prescribed by the act entitled," an act to provide for the government of the alms-house and penitentiary in
the city and county of New York."




CITY OF  fEW YORK.                          261
SEC. 18. There shall be an executive department known as L awdepart
the " Law Department," which shall have the charge of and
conduct all the law business of the corporation and of the departments thereof, and all other law business in which the city
shall be interested, when so ordered by the corporation; and
shall have the charge of and conduct the legal proceedings necessary in opening, widening, or altering streets; and draw the
leases, deeds and other papers connected with the finance department, and the chief officer thereof shall be called the
"Counsel to the Corporation."  There shall be a bureau in cotel po
this department, the chief officer of which shall be denominat- tin.
ed the "Corporation Attorney."  There shall be a bureau in Corporation
this department, the chief officer of which shall be called the Public Ad"Public Administrator."                                      ministrator.
SEC. 19. It shall be lawful for the common council of said
city to establish such other departments and bureaux as they partments
t and bureaux
may deem  the public interest may require, and to assign to hen  and
them, and those herein created, such duties as they may direct, hed.stabnot inconsistent with this act; but no expense shall be incurred
by any of the departments or officers thereof, whether the object of expenditure shall have been ordered by the common
council or not, unless an appropriation shall have been previously made concerning such expense; and no member of the N  offocers
common council, head of department, chief of bureau, deputy estedin ny
thereof, or clerk therein, or other officer of the corporation, shall contracts.
be directly or indirectly interested in any contract, work or
business, or the sale of any article, the expense, price or consideration of which is paid from the city treasury, or by any
assessment levied by any act or ordinance of the common council, nor in the purchase of any real estate or other property
belonging to the corporation, or which shall be sold for taxes or
assessments.
SEC. 20. The heads of departments, except the Croton aque- Termof
duct board, shall be elected every three years by the people.  e
In case of vacancy of any of said heads of departments, by re- ase of vamoval from office or otherwise, the mayor, by and with the ad- cy
vice and consent of the board of aldermen, shall appoint a person
to fill the same, until the vacancy shall be filled by the electors, at the next charter election.  The heads of departments buedu o
shall nominate, and by and with the consent of the board of hw appoint
aldermen appoint, the heads of bureaux in their several departments, except the chamberlain of the city of New York,
the receiver of taxes, and the chief engineer of the fire department. The heads of'departments shall nominate, and by and Clerks.
with the consent of the board of aldermen appoint, the clerks
in their immediate offices.  The heads of bureaux shall nominate, and with the consent of the board of aldermen appoint,
all clerks in their respective bureaux.  The mayor shall nom- Chamberinate, and by and with the consent of the board of aldermen croton
appoint, the chamberlain of the city of New York, the chiefdepartment.




262                            CHARTERS OF THE
Receiver of officers of the Croton aqueduct department, and the receiver of
Chief of fire taxes. The chief of the fire department shall be elected in the
same manner as is now, or may hereafter be, prescribed by law.
The number of officers or clerks in the several departments shall
be prescribed by the common council. The terms of all charter officers, not prescribed by law  of the State, shall be fixed
by the common council.  [As amended by  2, chalk. 343, Laws
of 1851.]
Depart- of   SEC. 21. The several executive departments, and the officers
cers,  and and clerks thereof, shall be subject to the legislative regulation
and direction of the common council, so far as the same shall
not be inconsistent with this act; and the duties thereof shall
be performed in accordance with the charter and laws and ordinances of the city. The mayor and each board of the common council may at any time require the opinion in writing of
Heads of de- the head of any department, upon any subject relating to his
partments'I 
po report to department, or any information possessed by him  in relation
the common thereto.  And every head of department shall report in writing
council.
to the common council, at the commencement of each stated
session, the state of his department, with such suggestion in
relation to the improvement thereof, and to the public business
connected therewith, as hle may deem advisable.
SEC. 22. Whenever a vacancy shall occur in the office of assessor,
Vacancy i by death, removal from the ward, resignation, or otherwise, the
office  of
board of as- board of assessors shall fill the same by the appointment of a
sessors to be               in    1
fi led by the citizen of the ward in which the vacancy shall occur, until the
board.    vacancy shall be supplied by the electors of the ward at the
next election. And all assessments and awards shall be open to
public inspection at least twenty days, by public notice thereof,
before being certified to the proper department; and the assessments made by the assessors for all taxes shall be made between the first day of January and the first day of April, in each
year.
Contracts to SEC. 23. All contracts to be made or let by authority of the
heads of de- common council for work to be done or supplies to be furnished,
partments. and all sales of personal property in the custody of the several
departments or bureaux, shall be made by the appropriate heads
of departments, under such regulations as shall be established by
ordinances of the common council. Every person elected or
appointed to any office under the city government shall take
Oath of of- and subscribe an oath or affirmation before the mayor, faithfully
fice.
to perform the duties of his office, which oath or affirmation
offcers  to shall be filed in the mayor's office.
ty.s       SEC. 24. All officers or other persons to whom  the receipts
or expenditure of the funds of the city, or fees or funds payable
into the city treasury, shall be entrusted, shall give sufficient
security for the faithful performance of their duty, in such form
and amount as the common council may by ordinance prescribe,
which shall be annually renewed. No security shall be deemed
cancelled or lost for want of renewal or re-appointment.




CITY OF NEW YORK.                            263
SEC. 25. Any officer of the city government, or person or Pfficpr viO
persons employed in any department thereof, who shall wilfully ons of this
charter,
violate any of the provisions of this charter, or commit any guilty of a
fraud, or convert any of the public property to his own use, or or.s
knowingly permit any other person so to convert it, shall be
deemed guilty of a misdemeanor, and, in addition to the penalties imposed by law, shall forfeit his office, and be excluded forever after from  receiving or holding any office under the city
charter.  And any person who shall wilfully swear falsely, in
any oath or affirmation required by this act, shall be guilty of
perjury.
SEC. 26. The first election of officers to be elected under this First  lec.
act shall be held at the next general state election.  The
mayor, who shall be elected at the charter election, on the
second Tuesday in April, one thousand eight hundred and
forty-nine, shall hold his office until the first Monday of January, one thousand eight hundred and fifty-one, and the aldermen and assistant aldermen who shall be elected at that election shall hold their offices until the first Monday of January,
one thousand eight hundred and fifty, and no longer. All officers of said city government, who shall be in office when this
act shall take effect, shall hold their offices and execute the
duties thereof until their successors shall be duly qualified.
SEC. 27. The seventh section of the act entitled " an act to Seventh sec
amend the charter of the city of New York," passed April 7th, of 18s re.
1830, and all provisions of law and of charter, which are incon- p
sistent with this act, are hereby repealed.
SEC. 28. All such parts of the charter of the city of New Parts of forYork, and the several acts of the legislature amending the ptieta le
same, or in any manner affecting the same, as are inconsistent
with this act, are hereby repealed; but so much and such parts
thereof as are not inconsistent with the provisions of this law,
shall not be construed as repealed, altered or modified, or in any
form affected thereby, but shall continue and remain in full force
and virtue.
SEC. 29. This act shall be submitted for the approval of the Charter
submitted
electors of the city and county of New York, at an election to for approval.
be held in said city, on the second Tuesday of April, one thousand eight hundred and forty-nine, for which the common council of the city shall make the necessary arrangements. The
tickets which shall be polled at the said election shall contain
either the words "in favor of amendments to charter," or
"against amendments to charter," and if a majority of all the
persons voting thereon at the said election shall vote the ticket
"in favor of amendments to charter," this act shall become a
law; if a majority of such persons shall vote " against amendments to charter," this act shall be void.
SEC. 30. In case this act shall be approved of by a majority Thisacttogo
of the electors of said city, as aforesaid, and become a law, it
shall go into effect on the first day of June next; and the terms




264                            CHARTERS OF THE
of office of all the officers elected at such election on the second
Tuesday of April next shall expire on the days and in the manner hereinbefore provided.
AN ACT FURTHER TO AMEND THE CHARTER OF
THE CITY OF NEW YORK.*
The People of the State of New York, rcprcsentcd in Senate and
Assembly, do enact asfollows:
Legislative   SEC. 1. The legislative powers of the corporation of the city
coporation? of New York shall be vested in a board of aldermen and a board
of councilmen, who together shall form the common council of
the city.  The board of aldermen shall consist of one alderman
from each ward, who shall be elected by the people of the respective wards for two years. The board of councilmen shall
consist of sixty members, to be elected fiom  as many districts,
who shall be sworn into office on the first Monday of January
next succeeding their election, and shall hold their offices for
one year, and shall receive the same compensation as the aldermen.
Classification SEc. 2. [Amended by act of June 14, 1853, ch. 352, to read
for    alder-                  y
men.    as follows]: The members of the board of aldermen first elected
under this act shall be classified as follows: On or before the
first Tuesday in December succeeding the next general election,
the clerk of the city and county of New York shall, in presence
of the mayor, recorder and comptroller, or a majority of them,
draw from a box, to be provided for the purpose, in which two
ballots shall have been deposited, having thereon, respectively,
either the word " odd " or the word " even," one ballot; if the
ballot so drawn shall have thereon the word " odd," then the
term of office of the aldermen chosen from  wards having an
odd numerical designation shall expire on the first Monday of
January, one thousand eight hundred and fifty-five; and in case
the ballot having thereon the word " even" shall be drawn,
then the term of office of the aldermen chosen from wards having an even numerical designation shall expire on the first Monday of January, one thousand eight hundred and fifty-five.  At
all subsequent elections, aldermen shall be elected for the full
term of two years.
City to be  SEC. 3. For the election of councilmen, the said city shall be
divided into
sixty  dis- divided into sixty districts of contiguous territory, and as near
tricts,  in
which  to as may be of equal population, each of which shall choose one
lectnt cou councilman. The common council shall so divide the city into
such districts on or before the first Monday of September next;
and thereafter, within one year after the state and national census shall have been completed, the common council shall, in
like manner, redistrict said city.
* Passed April 12, 1853.-Ch. 217.




CITY OF NEW YORK.                            265
SEC. 4. Every act, resolution or ordinance, appropriating Appropria"
money or involving the expenditure of money not rendered im- ney.
perative under the provisions of any state law, shall originate
in the board of councilmen; but the board of aldermen may
propose or concur with amendments, as in other cases.
SEC. 5. A vote of two-thirds of all the members elected to Two-third
each board shall be necessary to) pass any act, ordinance or resolution of the common council, which shall have been returned by the mayor with his objections.
SEC. 6. No alderman shall hereafter sit or act as judge in the A   to act
Court of Oyer and Terminer or in the courts of general or spe- st jdge in
cial sessions in the city and county of New York; but this sec- courts.
tion shall not prevent his exercising the power of a magistrate
in the arrest, commitment or bailing of offenders, excepting that
he cannot let to bail or discharge a person arrested or committed by another magistrate.
SEC. 7. All ferries, docks, piers and slips shall be leased, and Frries,
all leases and sales of public property and franchises (other thand slips.
the grants of land under water, to which the owner of the upland shall have a pre-emption right), shall be made by public
auction, and to the highest bidder who will give adequate security.  No lease hereafter given, except as the same may be
required by covenants of the corporation already existing, shall
be for a longer period than ten years; and all ferry leases shall
be revocable by the common council for mismanagement or neglect to provide adequate accommodations.  All persons acquiring any ferry lease or franchise, under the provisions of this act,
shall be required to purchase, at a fair appraised valuation, the
boats, buildings and other property of the former lessees, actually necessary for the purpose of such ferry. Previous notice
of all sales referred to in this section shall be given, under
the direction of the comptroller, for thirty days in the newspapers employed by the corporation.
SEC. 8. No bids shall be accepted from or contract awarded Bids for,and
to any person who is in arrears to the corporation upon debt or contracts.
contract, or who is a defaulter, as security or otherwise, upon
any obligation to the corporation.
SEC. 9. No money shall be expended by the corporation for roneyire
any celebration, procession or entertainment of any kind, or on &c.
any occasion, except for the celebration of the anniversary of
the national independence, the twenty-fifth of November, "Evacuation Day," and the anniversary of the birthday of Washington, unless by the vote of three-fourths of all the members
elected in each board of the common council.
SEC. 10. No additional allowance, beyond the legal claim, Aaddton
~        ~ allowance on
under any contract with the corporation or for any service on ontracts.
its account, or in its employment, shall ever be allowed.
SEC. 11. The officers of the police and policemen shall here- Pcseto fe
after be appointed by a board of commissioners, consisting of apponted 
the mayor, recorder and city judge.                            commission



266                           CHARTERS OF THE
Work done  SEC. 12. All work to be done and all supplies to be furnished
aud supplies
furnished,  for the corporation, involving an expenditure of more than two
shall be by hundred and fifty dollars, shall be by contract founded on sealed
cotract.  bids, or on proposals made in compliance with public notice for
the full period of ten days; and all such contracts, when given,
shall be given to the lowest bidder, with adequate security.
All such bids or proposals shal1 be opened by the heads of departments advertising for them, in the presence of the comptroller and such of the parties making them as may desire to be
present.
Auditing bu-  SEC. 13. There shall be a bureau in the department of finance,
reau  in  department of to be called the " Auditing Bureau," and the chief officer thereof shall be the "Auditor of Accounts."  It shall revise, audit
and settle all accounts in which the city is concerned as debtor
or creditor; it shall keep an account of each claim for or against
the corporation, and of the sums allowed upon each, and certify
the same, with reasons therefor, to the comptroller.  The comptroller shall report to the common council, once in ninety days,
the name and decision of the auditor upon the same, together
with the final action of the comptroller thereon.  All mon cs
drawn from the city treasury shall be upon vouchers for the expenditure thereof, examined and allowed by the auditor, and
approved by the comptroller.
Penalt for  SEC. 14. Every person who shall promise, offer or give, or cause
attempting or aid, or abet in causing to be promised, offered or given, or furto bribe any
member of nish or agree to furnish, in whole or in part, to be promised, offered
counc  or or given to any member of the common council, or to any officer
of' er    of the corporation after his election as such member, or before or
after he shall have qualified and taken his seat, any money, goods,
right in action or other property, or anything of value, or any pecuniary advantage, present or prospective, with intent to influlence his vote, opinion, judgment or action on any question, matter, cause or proceeding which may be then pending, or may by
law be brought before him in his official capacity, shall, upon
conviction, be imprisoned in a state prison for a term  not exceeding ten 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 any
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 particular manner, or upon any particular side of any question, matter, cause,
or proceeding then pending, or which may by law be brought
before him in his official capacity, shall, upon conviction, be disqualified from  holding any public office, trust or appointment
under the charter of the city of New York, and shall forfeit his
office, and shall be punished by imprisonment in a state prison
not exceeding ten years, or by a fine not exceeding five thousand
dollars, or both, in the discretion of the court.  Every person
offending against either of the provisions of this section shall be




CITY OF NEW YORK.                            267
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.
SEC. 15. No contract by the. supervisors shall be valid, un- to be alid,
less expressly authorized by statute, and such as are authorized rust be aumust be made in the manner provided by the twelfth section of statute.
this act.
SEc. 16. All ordinary appropriations made for the support Appropriaand government of the alms-house department shall, before the enmet of
same are finally made, be submitted by the governors of the department.
alms-house to a board of commissioners, consisting of the mayor,
recorder, comptroller, the president of the board of aldermen,
and the president of the board of councilmen. If the said commissioners approve of the appropriations, they shall immediately
report the same to the board of supervisors; if they shall disapprove of the same, they shall return them with their objections
to the governors of the alms-house for reconsideration; and in
case the said governors shall, upon a reconsideration, adhere by
a vote of two-thirds of all the governors then in office to the
original appropriations, they shall return them to the commissioners, whose duty it shall be to report to the board of supervisors.
SEC. 17. The board of education shall also submit, in like Approriamanner, all appropriations required by them  to the commis- board  of
sioners named in the last preceding section; and said appropriations shall be subject to all the provisions of said sections, so
far as the same may be applicable.
SEC. 18. All such parts of the charter of the city of New York, Repea.
and the several acts of the Legislature amending the same, or in
any manner affecting the same, as are inconsistent with this act,
are hereby repealed; but so much and such parts thereof as are
not inconsistent with the provisions of this law shall not be construed as repealed, altered or modified, or in any form  affected
thereby, but shall continue and remain in full force and effect.
SEC. 19. The power now vested in the mayor, aldermen and Licenses.
assistant aldermen in granting and revoking tavern licenses,
together with all other powers as excise commissioners, shall be
hereafter vested in the mayor, with the aldermen and councilmen representing the district in which the premises of the party
licensed, or to be licensed, may be located.
SEC. 20. This act shall be submitted for the approval of the Approval
electors of the city and county of New York, at an election to people.
be held in said city on the Tuesday next succeeding the first
Monday in June, one thousand eight hundred and fifty-three.
The tickets which shall be polled at such election shall contain
either the words "in favor of amendments to charter," or
" against amendments to charter;" and if a majority of all the




268                            CHARTERS OF THE
persons voting thereon at such election shall vote the ticket
" in favor of amendments to charter," this act shall become a
law; if a majority of such electors shall vote the ticket " against
amendments to charter," this act shall be void.
Elections.    SEC. 21. The common council are hereby authorized and directed to make all necessary arrangements, by ordinance oi
otherwise, for the conduct and regulation of all elections authorized under the provisions of this act, and in conformity as far as
may be to the general election laws.
AN ACT SUPPLEMENTARY TO AN ACT, ENTITLED
"AN ACT FURTHER TO AMEND THE CHARTER
OF THE CITY OF NEW YORK," PASSED APRIL
12, 1853.*
The People of the State of New York, represented in Senate and
Assembly, do enact asfollows:
section  2  SEC. 1. The second section of the act entitled  "An act
mended.  further to amend the charter of the city of New York," passed
April 12, 1S53, is hereby amended so as to read as follows [as
printed in this volume]:
Present al- SEC. 2. Until the aldermen and councilmen, to be chosen at
assistant  the next general election in and for said city as in the said act
aldermen to
t  unt il provided, shall enter on their offices, the aldermen and assistant
others elect aldermen now in office in said city shall continue to form  the
ed at general elect'n common council thereof, subject, however, to all the provisions
enter upon
their duties. of the said act.
Courtsl ow   SEC. 3. Hereafter courts of oyer and terminer, in and for said
to bh held.
city, may be held by a justice of the Supreme Court; and courts
of general sessions of the peace, in and for the said city, by the
recorder or city judge of said city; and when either of the said
courts shall be so held by a single judge, all the powers and jurisdiction, appertaining by law to such court, shall be possessed
and exercised by such judge.
SEC. 4. This act, and the act to which it is supplementary,
shall commence and take effect as laws immediately.
AN ACT TO AMEND THE CHARTER OF THE CITY
OF NEW YORK.t
The People of the State of New  YoTr, represented in Senate and
Assembly, do enact as follows:
C)rprate    SEC. 1. The corporation now  existing, and known by the
na.me of " The mayor, aldermen, and commonalty of the city
" Passed June 14, 1853-three-fifths being present.-Chap. 352.
t Passed April 14, 1857-three-fifths being present.-Chap. 446.




CITY OF NEW YORK.                            269
of New York," shall continue to be a body politic, and corporate in fact and in name, by the same name, and shall have
perpetual succession, with all the grants, powers, and privileges
heretofore had by the mayor, aldermen, and commonalty of the
city of New York.
SEC. 2. The legislative power of the said corporation shall be Legislativ
vested in a board of aldermen and a board of councilmen, who, 
together, shall form  the common council of the city of New
York.
SEC. 3. The board of aldermen shall consist of one alder- B~aer.d 
man, to be elected from each district in the city and county of
New York, as hereinafter provided for. The members of the
board of aldermen first elected under this act shall be classified
as follows: The aldermen from districts having an odd numerical designation shall hold such office for the term of one year,
and those from districts having an even numerical designation
shall hold such office for the term of two years. At all subsequent elections for aldermen, they shall be elected for the full
term of two years.
SEC. 4. There shall be six councilmen elected from each sena- Coonclmn.
torial district in the city of New York, as the same now are or
may hereafter be constituted, by general ticket, in each of said
districts, and the persons so elected from each of said senatorial
districts shall together form the board of councilmen for the
said city.  The councilmen shall be chosen for one year.
SEC. 5. No person shall be eligible to the office of alderman or Eligiility to
councilman, who shall not at the time of his election be a resident of the district from which he is chosen.
SEC. 6. Each board of the common council shall have power to special
direct a special election to be held, to supply the place of any elections.
member whose seat shall become vacant by death, removal from
the city, resignation or otherwise, and in either case the person
elected to supply the vacancy shall hold his seat only for the
residue of the term of office of his immediate predecessor.
SEc. 7. The boards shall meet in separate chambers, and a ma- Offiers  of
jority of either shall be a quorum to do business. Each board rules, &c.
shall appoint a president from its own body, and shall choose
its clerk and other officers, determine the rules of its own proceedings, and be the judge of the election, returns and qualifications of its own members. Each board shall keep a journal of
its proceedings, and its doors shall be kept open, except when
the public welfare shall require secrecy; and all resolutions and
reports of committees which shall recommend any specific improvement involving the appropriation of public moneys, or the
taxing or assessing the citizens of the city, shall be published
immediately after the adjournment of the board, under the authority of the board, in all the newspapers employed by the
corporation, and shall not be passed or adopted until after such
notice has been published at least two days; and whenever a
vote is taken in relation thereto, the ayes and noes shall be
called and published in the same manner.




270                           CHARTERS OF THE
expulsion     SEC. S. Each board shall have the authority to compel the attendance of absent members; to punish its members for disorderly behavior, and to expel a member, with a concurrence of
two-thirds of the members elected to the board; and the member so expelled shall, by such expulsion, forfeit all his rights
and powers as an alderman or councilman, and no alderman or
councilman shall be questioned in any other place for any speech
or vote in either board.
Meetings of  SEC. 9. The stated and occasional meetings of each board of
boards.
the common council shall be regulated by its own ordinances;
and both boards may meet on the same or on different days, as
they may severally judge expedient.
ofice.  SEC. 10. Any person holding office under this charter, who
shall during his term  of office accept, hold or retain any other
civil office of honor, trust or emolument under the government of
the United States, or under this charter, or who shall during
his said term of office receive any fees or emoluments directed
to be paid by any ordinance of the common council, except as
hereinafter provided, shall be deemed thereby to have vacated
his office.
cts of     SEC. 11. Every legislative act of the common council shall be
council,  by ordinance, act or resolution which shall have passed the two
boards of common council, before it shall take effect shall be
presented duly certified to the mayor of the city, for his approval. If he approve, he shall sign it; if not, he shall return it
within ten days thereafter, with his objections, to the board in
which it originated, or if such board be not then in session, at
its next stated meeting. The board to which it shall be returned shall enter the objections at large on their journal, and
cause the same to be published in one or more of the daily
newspapers of the city. But no ordinance, act or resolution
shall be valid, unless the same shall have received the assent of
both boards within the same year.
tconsider-   SEC. 12. The board to which such ordinance, act or resolution
shall have been so returned, shall, after the expiration of not
less than ten days thereafter, proceed to reconsider the same.
If, after such reconsideration, at least two-thirds of all the members elected to the board shall agree to pass the same, it shall
be sent, together with the objections,-to the other board, by
which it shall be likewise reconsidered, and if approved by at
least two-thirds of all the members elected to such board, it
shall take effect as an act or law of the corporation.  In all
such cases the votes of both boards shall be determined by yeas
and nays, and the names of the persons voting for and against
the passage of the ordinance reconsidered shall be entered on
the journal of each board respectively.
Ordinances   SEC. 13. If the mayor shall not return the ordinance so prenot returned
by mayor. sented to him within the time above limited for that purpose, it
shall take effect in the same manner as if he had approved it.
nd amend-  SEC. 14. Any ordinance of the common council may originate
ment.




CITY OF NEW YORK.                           271
in either board, and when it shall have passed one board, may be
rejected or amended by the other.  But no ordinance shall be
passed by either board, except by the vote of a majority of all
the members elected to such board.
SEC. 15. Neither the mayor nor recorder of the city of New  layoradr.
York shall be a member of the common council thereof.
SEC. 16. The executive power of the corporation shall be Executive
vested in the mayor and the executive department.           power.
SEC. 17. Whenever there shall be a vacancy in the office of in offc of
mayor, or whenever the mayor shall be absent from the city, or mayor
be prevented by sickness, or any other cause, from attending to
the duties of his office, or shall be removed as hereinafter provided for, the president of the board of aldermen shall act as
mayor, and shall possess all the rights and powers of the mayor,
during the continuance of such vacancy, absence or disability,
and until the next charter election, in the case of a vacancy or
removal from office.
Duty of
SEC. 18. It shall be the duty of the   yor                 mayor.
1. To communicate to the common council at least once a City inanyear, and oftener, if he shall deem it expedient, a general state- ces
ment of the situation and condition of the city, in relation to its
government, finances and improvements.
2. To recommend for the adoption of the common council all ice, pub.
such measures, connected with the police, security, health, clean- &c.
liness and ornament of the city, and the improvement of its
government and finances, as he shall deem expedient.
3. To be vigilant and active in causing the ordinances of the
city to be duly executed and enforced.
4. To exercise a constant supervision over the conduct and Complaints
acts of all subordinate officers, and to receive and examine into all subordinate
such complaints as may be preferred against any of them  for officers.
violation or neglect of duty, and generally to perform all such
duties as may be prescribed for him by the charter and city ordinances, and the laws of this state or the United States.
5. To appoint such clerks as may be authorized by the com- Clerks.
mon council, and as may be required in his office to aid him in
the discharge of his official duties.
SEC. 19. The mayor, comptroller, and counsel to the corpora- oElct
tion, shall each be elected by the electors of the city; the mayor
for the term of two years, the counsel to the corporation for the
term of three years, and the comptroller for the term of four
years. The comptroller shall be voted for on a separate ballot. aPp
The other heads of departments shall be appointed by the mayor,
with the advice and consent of the board of aldermen.  The
board of aldermen shall have power to confirm or reject all
nominations of officers made by the mayor; and whenever any
person nominated by the mayor shall be rejected by the board
of aldermen, the mayor shall immediately nominate another
person.                                                     Removals
SEC. 20. The mayor, comptroller, and counsel to the corpo-andvacancies.




272                          CHARTERS OF THE
ration may each be removed by the governor, for cause, in the
manner provided by law in the case of sheriffs. The vacancy
occasioned by the removal of the comptroller or counsel to the
corporation shall be filled by the mayor, with the advice and
consent of the board of aldermen, until it shall be supplied at
the next annual election of charter officers.
eads ot de-  SEC. 21. The other heads of the executive departments, except
the officers of the Croton aqueduct board, shall hold their offices
for two years, and until the appointment of their successors.
The mayor shall have power to suspend, for cause, during any
recess of the common council, and by and with the consent of
the board of aldermen, to remove any of the heads of departments, except the comptroller and the counsel to the corporation, which suspension and the cause thereof shall be communicated to the common council if in session, and if not, then at the
first meeting thereof. The board of aldermen shall have power,
without the consent of the mayor, by a vote of two-thirds of all
the members elected, to remove any of the heads of departments,
for cause, other than the comptroller and counsel to the corporation. The heads of departments shall have power to appoint
Chiefs  of and remove the chiefs of bureaux and clerks in their respective
bureaux
and clerks. departments; except that the chamberlain shall be appointed by
the mayor, with the consent of the board of aldermen, and may
be removed in the same manner with heads of departments.
The chiefs of bureaux and clerks of departments and bureaux
shall hold office during the same term enjoyed by the heads of
Chief engi departments, unless sooner removed. The chief engineer of the
fnear    fire department shall be elected in the same manner as is now,
or may hereafter be, prescribed by law. The number of clerks
to the departments shall be as fixed by the common council,
who shall also fix the terms of all offices created by them under
authority of law.
Department  SEC. 22. There shall be an executive department, which shall be
denominated the "department of finance," which shall have
control of all the fiscal concerns of the corporation, and shall
prescribe the forms of keeping and rendering all city accounts;
and all accounts rendered to, or kept in the other departments
of the city government, shall be subject to the inspection and
revision of the officers of this department. It shall settle and
adjust all claims in favor of or against the corporation, and all
accounts in which the corporation is concerned, either as debtor
or creditor. The chief officer of this department shall be called
the " comptroller of the city of New York."  There shall be C?'
bureau in this department for the collection of the revenue
accruing from  rents and interest on bonds and mortgages, and
for the collection of all revenues arising from the use or sale of
property belonging to or managed by the city, and for the performance of such other duties as may be directed by the common council; the chief officer of which shall be called the
" collector of the city revenue." There shall also be a bureau




CITY OF NEW YORK.                           273
in this department for the collection of taxes; the chief officer ecever o
thereof shall be called the "receiver of taxes," who shall have
all the powers and perform all the duties now prescribed by law
for the receiver of taxes; and the office of receiver of taxes, as
heretofore constituted, and the provisions of law relating to him,
are hereby modified so as to conform to the provisions of this
act. There shall also be a bureau in this department for the alrer~s
collection of arrears of taxes, arrears of assessments, and arrears
of water rents, the chief officer of which shall be called the
"clerk of arrears."  There shall also be a bureau in this depart- city lan
ment for the reception of all moneys paid into the treasury of
the city, and for the payment of moneys on the warrant drawn
by the comptroller and countersigned by the mayor and clerk
of the common council; and the chief officer thereof shall be
called the " chamberlain of the city of New York." The chamberlain shall keep books, showing the amounts paid on account
of the several appropriations; and no warrants shall be paid on
account of any appropriations, after the amount authorized to
be raised by tax for that specific purpose shall have been expended. There shall be another bureau in the department of
finance, to be called the" auditing bureau," and the chief officer Auditor.
thereof shall be the "auditor of accounts."  It shall revise,
audit and settle all accounts in which the city is concerned as
debtor or creditor; it shall keep an account of each claim for or
against the corporation, and of the sums allowed upon each, and
certify the same, with the reasons for the allowance, to the
comptroller. The comptroller shall report to the common
council, once in ninety days, the name of every person in whose
favor an account has been audited, with the decision of the
auditor upon the same, together with the final action of the
comptroller thereon. All moneys drawn from the city treasury
shall be upon vouchers for the expenditure thereof, examined
and allowed by the auditor, and approved by the comptroller
and filed in his office.
SEC. 23. There shall be an executive department, which shall be Street dedenominated the " street department," which shall have cogni- artmet.
zance of opening, altering, regulating, grading, flagging, curbing,
guttering and lighting streets, roads, places and avenues; of
building, repairing and lighting wharves and piers, the construction and repairing of public roads, the care of public buidings and
places, and the filling up of sunken lots, under the ordinances of
the common council. The chief officer thereof shall be called
"street commissioner." There shall be a bureauin this department,
the chief officer of which shall be called the "superintendent of
wharves." There shall also be a bureau in this department, to Repairs and
be denominated the "bureau of repairs and supplies," which supplies.
shall have cognizance of all repairs and supplies to public
buildings, lands and places, and of all other necessary repairs
and supplies not provided for in other departments; the chief
officer thereof shall be a practical builder, and he shall be
18




274                          CHARTERS OF THE
called the "superintendent of repairs and supplies."  There
shall also be a bureau in this department, to be denominated
Lamps and the " bureau of lamps and gas," the chief officer of which shall
be called " superintendent of lamps and gas."  The chief engineer of the fire department shall have a bureau under the
street department, and shall have charge of repairing fire engines
and fire apparatus. There shall be a bureau in this department,
the chief officer of which shall be called the "superintendent
cesmonQof roads."   There shall be a bureau in this department
for the collection of assessments, and the chief officer thereof
shall be called the " collector of assessments."  There shall be
a bureau in this department for grading, flagging, curbing and
guttering streets, the chief officer of which shall be called the
"superintendent of street improvements."
Croton aque-  SEC. 24. There shall continue to be an executive department,
under the denomination of the " Croton aqueduct board," which
shall have charge of the Croton aqueduct, and all structures
and property connected with the supply and distribution of
Croton water in the city of New York, and the under-ground
drainage of the same; and the public sewers of said city, and
permits for street vaults, and of paving, repaving and repairing
streets, and digging and constructing wells; and the collection
of the revenues arising from the sale of the Croton water, with
such other powers and duties as are or may be prescribed by
law. The chief officers thereof shall be called the "president,
engineer and assistant commissioner," who, together, shall form
the Croton aqueduct board, and hold their offices for five years.
There shall be a bureau in this department for the collection of
the revenues derived from the sale of the water, and the chief
officer thereof shall be called the "water registrar."  There
shall also be a bureau in this department for the laying of water
pipes and the construction and repair of sewers, wells and hydrants, paving, repaving and repairing streets, the chief officer
of which shall be called the " water purveyor."
aS-hoUeSnt   SEC. 25. There shall continue to be an executive department
Repealed b known as the " alms-house department," which shall have cogiapwsof1860 nizance of all matters relating to the alms-house and prisons of
said city; the chief officers thereof shall be called the "governors of the almshouse;" they shall take and hold their offices
as provided by the act entitled " An act to provide for the government of the alms-house and penitentiary in the city of New
York," and be charged with the duties, powers and *resposibilities prescribed by that act. All ordinary appropriations intended
for the support and government of the alms-house department
proposed by the governors of the alms-house shall, before the
same are finally made, be submitted by the governors to a board
consisting of the president of the board of aldermen, and the
president of the board of councilmen, mayor and comptroller.
If said board approve of the appropriations, it shall immediately
* So in the original.




CITY OF  TEW YORK.                          275
report the same to the supervisors of the county of New York;
if it shall disapprove of the same, it shall return them with objections to the governors of the alms-house for their reconsideration; and in case the said governors shall, upon a reconsideration, adhere, by a vote of two-thirds of all the governors
then in office, to the original appropriations, they shall return
them to the said board, whose duty in shall be to report to the
supervisors. The board of education shall also submit, in like
manner, all appropriations required by it, and said appropriations shall be subject to all the provisions of this section, so far
as the same may be applicable.
SEC. 26. There shall be an executive department known as the saw depart
" law department," which shall have the charge of and conduc mt.
all the law business of the corporation, and of the departments
thereof, and all other law business in which the city shall be"
interested, when so ordered by the corporation, and shall have
the charge of and conduct the legal proceedings necessary in
opening, widening or altering streets, and draw the leases, deeds
and other papers connected with the finance department; and
the chief officer thereof shall be called the " counsel to the
corporation."  There shall be a bureau in this department, the
chief officer of which shall be denominated the " corporation
attorney." There shall be also a bureau in this department,
the chief officer of which shall be called the "public administrator."
SEC. 27. There shall be an executive department known as the City inspect.
city inspector's department," the chief officer of which shall:
be the " city inspector," and shall have cognizance of all matters
affecting the public health, pursuant to the ordinances of the
common council, and the lawful requirements of the commissioners of health, and of the board of health. There shall be
a bureau in the city inspector's department, to be called the
" bureau of sanitary inspection and street cleaning," under the
control of an officer named the "superintendent of sanitary
inspection," and who shall render such services as by ordinance
may attach to said bureau, in cleaning the streets, and in the
abatement and removal of nuisances detrimental to the public
health in said city. There shall also be a bureau in this department, to be known as the bureau of records and statistics, and
which shall be under the direction of the registrar of records,
and in which bureau shall be kept all records which may by law
or ordinance be required to be kept in said department. The
coroners in and for the city and county of New York shall
make return to the city inspector of all inquisitions taken by
them in the said city and county (excepting those charging
homicide, or felonious assault, which shall be filed with the clerk
of the court of general sessions). There shall also be a bureau SupeOntendin this department for the inspection, regulation and manage- kets.
ment of the public markets, the chief officer of which shall be
denominated " superintendent of markets."  And it shall be




276                            CHARTERS OF THE
the duty of the Croton aqueduct department at all times to
permit the city inspector to order the hydrants to be used for
cleansing the streets, provided that such use shall not endanger
the general supply of the Croton water, and shall be used under
such regulations as the Croton aqueduct board may prescribe.
The city inspector shall, after the passage of this act, appoint
such number of inspectors and sealers of weights and measures
as now or may hereafter exist, and shall succeed to all the powers and perform the duties and receive compensation as now by
law prescribed, and shall hold office upon the same terms as
chiefs of bureaux.
stablish-    SEc. 28. It shall be lawful for the common council of said city
reaux and to establish such other bureaux as they may deem the public indepartments terest may require, and to assign to them, and to the departments and bureaux herein created, such duties as they may
direct, not inconsistent with this act, and the duties thereof shall
be performed in accordance with the charter and laws and ordinances of the city; but no expense shall be incurred by any
of the departments or officers thereof, whether the object of
expenditure shall have been ordered by the common council or
not, unless an appropriation shall have been previously made
covering such expense. And no member of the common council, head of department, chief of bureau, deputy thereof or
clerk therein, or other officer of the  corporation; shall be
directly or indirectly interested in any contract, work or business, or the sale of any article, the expense, price or consideration of which is paid from the city treasury, or by any assessment levied by any act or ordinance of the common council;
nor in the purchase of any real estate or other property belonging to the corporation, or which shall be sold for taxes or assessments, or by virtue of legal process at the suit of the said corporation.
Reportsfrom   SEC. 29. The mayor, or either board of common council, may
departments at any time require the opinion in writing of the head of any
department, upon any subject relating to his department, or
any information possessed by him in relation thereto. And
every head of department shall report in writing to the common
council, quarterly, the state of his department; with such suggestion in relation to the improvement thereof, and to the public business connected therewith, as he may deem advisable.
Accountabil-   SEC. 30. It shall be the duty of the common council to provide
ityofofcers for the accountability of all officers and other persons to whom
the receipt or expenditure of the funds of the city shall be entrusted, by requiring from  them sufficient security for the performance of their duties or trust, which security shall be annually renewed; but the security first taken shall remain in force
until new security shall be given.
Appropria-   SEC. 31. Annual and occasional appropriations shall be made by
tions.
proper ordinances of the common council, for every branch and
object of city expenditure; and no money shall be drawn from the




CITY OF NEW YORK.                           277
city treasury, except the same shall have been previously appropriated to the purpose for which it is drawn.
SEC. 32. Until the common council shall otherwise direct, the  isting or.
existing ordinances shall apply to the departments herein mentioned, so far as the same are applicable thereto and not inconsistent with this act.
SEC. 33. The common council shall not have authority to bor- Authrity,
row any sums of money whatever on the credit of the corpo- money
ration, except in anticipation of the revenue of the year in
which such loan shall be made, unless authorized by a special
act of the legislature.
SEC. 34. It shall be the duty of the comptroller to publish, two,toller.
months before the annual election of charter officers in each
year, for the general information of the citizens of New York,
a full and detailed statement of the receipts and expenditures
of the corporation during the year ending on the *the first day
of the month in which such publication is made; and in every
such statement, the different sources of city revenue, and the
amount received from each; the several appropriations made by
the common council, 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.
SEC. 35. No tax or penalty shall hereafter be imposed upon or   aneties and
collected of any person, nor license required for selling or ex- seling'artlces in street
posing for sale upon his, her, or their own premises in said city,
any wholesome article of food; nor for selling such, articles in
such parts of the streets of said city as may be designated by
the common council for that purpose.
SEC. 36. The clerk of the board of aldermen shall, by virtue of clerk or
-      -        board of
his office, be clerk of the common council, and shall perform aldermen.
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 councilmen; and it shall be his duty to keep open for
inspection, at all reasonable times, the records and minutes of
the proceedings of the common council, except such as shall
be specially ordered otherwise. The clerk of each board shall
appoint and may remove at pleasure deputy clerks in his department, to the number authorized by ordinance.  The clerk
of the common council shall keep the seal of the city; and his
signature shall be necessary to all leases, grants and other documents, as under existing laws.
SEC. 37. It shall be the duty of the clerks of the respective Dutis of
boards to publish all ordinances and amendments of ordinances
which shall be passed, and also the proceedings, in the newspapers which may be employed by the corporation, except such
parts as may require secrecy; and whenever a vote shall be
taken in either board, upon the passage of an ordinance which
* So in the original,




278                          CHARTERS OF THE
shall contemplate any specific improvement, or involve the sale,
disposition or appropriation of public property, or the expenditure of public moneys or income therefrom, or lay any tax or
assessment, such ordinance shall, before the same shall be sent
to the other board, and immediately after the adjournment of
the board at which the same shall have been passed, be published with the ayes and noes, and with the names of the persons voting for and against the same, in the newspapers employed by the corporation, as part of the proceedings; and no
ordinance which shall have passed one board shall be acted upon
by the other board on the same day, unless by unanimous consent, except in case of invasion, insurrection, riot or pestilence.
Contracts    SEC. 38. All contracts to be made or let by authority of the common council for work to be done or supplies to be furnished, and
all sales of personal property in the custody of the several departments or bureaux, shall be made by the appropriate heads
of departments, under such regulations as shall be established
by ordinances of the common council. Whenever any work is
necessary to be done to complete or perfect a particular job, or any
supply is needful for any particular purpose, which work and job
is to be undertaken orsupplyfurnishedforthe corporation, and the
several parts of the said work or supply shall together involve the
expenditure of more than two hundred and fifty dollars, the same
shall be by contract, under such regulations concerning it as
shall be established by ordinance of the common council, unless,
by a vote of three-fourths of the members elected to each
board, it shall be ordered otherwise; and all contracts shall be
entered into by the appropriate heads of departments, and shall
be founded on sealed bids or proposals made in compliance with
public notice advertised in such of the newspapers of the city
as may be employed by the corporation for the purpose; said
notice to be published for at least ten days in each of the daily
newspapers so employed; and all such contracts, when given,
shall be given to the lowest bidder, the terms of whose contract
shall be settled by the corporation counsel as an act of preliminary specification to the bid or proposal, and who shall give
security for the faithful performance of his contract in the manner prescribed and required by ordinance; and the adequacy
and sufficiency of this security shall, in addition to the justification and acknowledgement, be approved by the comptroller.
Bids and All bids or proposals shall be publicly opened by the officers
proposas  advertising for the same, and in presence of the comptroller. If
the lowest bidder shall neglect or refuse to accept the contract
within forty-eight hours after written notice that the same has
been awarded to his bid or proposal, it shall be re-advertised and
Sales at  re-let as above provided. All property sold under the authority
of the common council shall be sold at auction, after previous
public notice, under the superintendence of the appropriate head
of department. Every contract, when made and entered into
as before provided for, shall be executed in duplicate; and shall




CITY OF NEW YORK.                             279
be filed in the department of finance; a receipt for each payment made on account of, or in satisfaction of; the same, shall
be endorsed 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 authorised representative.  The
proceeds of all sales made under and by virtue of this section Proceeds of
shall be, by the officer receiving the same, immediately deposited with the city chamberlain, and the account of sales, verified
by the officer making the sale, 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 be as authorised by the common council.
SEC. 39. Every person elected or appointed to any office under Oath of
office.
the city government shall, on or before the first day of January
next succeeding each election, or within five days after notice of
such appointment, take and subscribe an oath or affirmation,
faithfully to perform the duties of his office; which oath or
affirmation shall be filed in the mayor's office.
SEC. 40. Any officer of the city government, orperson employed Violatin of
in its service, who shall wilfully violate or evade any of the
provisions of this charter, 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, shall be deemed
guilty of a misdemeanor, and, in addition to the penalties imposed by law, shall forfeit his office, and be excluded forever
after from receiving or holding any office under the city charter;
and any person who shall wilfully swear falsely, in any oath or
affirmation required by this act, shall be guilty of perjury..
SEC. 41. All ferries, docks, piers and slips shall be leased; and Leases of
all leases and sales of public property and franchises (other than docks, &.
grants of land under water, to which the owners of the upland
shall have a pre-emptive right), shall be made by public auction,
and to the highest bidder who will give adequate security. No
lease hereafter given (except as the same may be required by
covenants of the corporation already existing) shall be for a ongth of
longer period than ten years; and all ferry leases shall be revocable by the common council, for mismanagement or neglect to
provide adequate accommodations. All persons acquiring any
ferry lease or other franchise or grant under the provisions of
this act shall be required to purchase, at a fair appraised valuation, the boats, buildings, and other property of the former lessees or grantees, actually necessary for the purpose of such ferry,
grant or franchise. Previous notice of all sales referred to in
this section shall be given, under the direction of the comptroller, in the newspapers employed by the corporation, and for
thirty days in each of the daily newspapers so employed.
SEC. 42. No money shall be expended by the corporation for any Expendi'celebration, procession or entertainment of any kind, or on any certain pur
celebration, procession or entertainment of any kind, or on any certain pur.
poses.




280                            CHARTERS OF THE
occasion, unless by the votes of three-fourths of all the members elected to each board of the common council.
Arrange-   SEC. 43. The common council are hereby authorized and
lections.  directed to make all necessary arrangements for the conduct and
regulation of all elections authorized under the provisions of this
act, and in conformity, as far as may be, to the general election
laws, except as herein otherwise provided.
Saaris and  SEC. 44. No officer under this charter, except the collector
commissions 
of city  revenue, collector of assessments, clerk  of arrears,
counsel to the corporation, or inspector of vessels, shall have
or receive from the corporation or city treasurer any perquisites or any compensation or commission for his services, except
a salary, except that the city inspector may receive to his own
use such portion of the fees allowed for recording births and
marriages as are or may be prescribed by law. The salaries of
all officers provided for by this act, or that may be created by
the common council in pursuance of this act, shall be prescribed
by ordinance to be passed by the common council, and approved as herein before provided, for the approval of all ordinances, for raising and appropriating the money, or disposing
of the property of the city; and any fees that now  are, or
hereafter may be provided for any officer under this charter,
except as aforesaid, shall, on the receipt thereof, be paid by
such officer into the city treasury. No member of the common
council shall receive any compensation for his services as such
member.
ec"rities.   SEC. 45. All officers or other persons to whom the receipts or
expenditures of the city, or fees, or funds payable into the city
treasury, shall be intrusted, shall give sufficient security for the
faithful performance of their duty, in such form and amount as
the common council may prescribe, which shall be annually
renewed.
Allowances.   SEC. 46. No additional allowance, beyond the legal claim,
under any contract with the corporation or for any services on
its account, or in its employment, shall ever be allowed.
Award of    SEC. 47. No bid shall be accepted from or contract awarded to
contracts.
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.
Judicial   SEC. 48. No alderman shall hereafter sit or act as judge of the
powers of
aldermen.  court of oyer and terminer, or in the courts of general or special sessions in the city and county of New York; but this
section shall not prevent his exercising the power of magistrate
in the arrest, commitment or bailing of offenders, excepting
that he cannot let to bail or discharge a person arrested or committed by another magistrate.  Courts of oyer and terminer
in and for the city and county of New York may be held by
a justice of the supreme court and the court of general sessions
in and for the said city and county, by the recorder or city
judge of the said city and county; of special sessions therein,




CITY OF NEW YORK.                            281
by any two police justices of said city, and when either of the
said courts shall be held as aforesaid, all the powers and jurisdiction appertaining by law to each of said courts shall be
possessed and exercised by the officer or officers holding the
same.
SEC. 49. The grand jury of the county may present any officer, Grand jury.
other than mayor, counsel to the corporation, or comptroller,
created by or holding office under this charter, but only upon
testimony from witnesses who are personally cognizant of the
facts they testify to, and after the person so charged shall have
had a reasonable opportunity to appear before said grand jury,
in person, in explanation thereof. This presentment may charge
such officer with wilful and fraudulent omission of duty, or
commission of any official act prohibited by law. It shall be
filed with the clerk of the court to which the presentment is
made. A copy shall be served upon the officer presented as
aforesaid, who shall be required to plead thereto as to an
indictment. If he admit the charges of the presentment so
filed and served, the court shall declare his office vacant. If
he deny them, the said presentment shall be tried in the same
manner as an indictment. If the jury convict him  of any
charge contained in the presentment, the court shall then declare
his office vacant. The court shall order its declaration, if the
person so presented shall be found guilty, to be entered on its
minutes, and a copy thereof filed with the clerk of the common
council, and thereupon the said office shall become vacant, and
the person so convicted shall forever be disqualified from holding any office, not elective, under the city charter.
SEC. 50. The city of New York shall be divided into seven- Aldermania
teen aldermanic districts, as follows:                        districts.
The first district shall consist of all that part of the city south
of a line drawn from the Hudson river through the middle of
Chambers street to the middle of Duane street, down the middle of Duane street to Rose street, down the middle of Rose
street to Frankfort street, down the middle of Frankfort street
to Pearl street, down the middle of Pearl street to Dover street,
and down the middle of Dover street to the East river.
The second district shall be bounded southerly by the first district, then up the middle of Broadway from Chambers to Franklin
street, down the centre of Franklin to Baxter street, up the
centre of Baxter to Bayard, through the centre of Bayard to
Bowery, down the centre of Bowery to Catharine street, and
down the centre of Catharine street to East river; and east by
the river.
The third district shall be bounded southerly by the first district, then up the middle of Broadway from Chambers street to
Spring street, through the middle of Spring street to Hudson
river; and bounded west by the river.
The fourth district shall be bounded southerly by the second
district, then up the middle of Broadway from Franklin to




282                          CHARTERS OF THE
Grand street, through the centre of Grand street to Clinton
street, down centre of Clinton street to East river; and east by
the river.
The fifth district shall be bounded southerly by the third
district, then by a line drawn up the middle of Broadway from
Spring street to Fourth street, then through the centre of
Fourth street to Christopher street, and through the centre of
Christopher street to Hudson river; and bounded west by the river.
The sixth district shall be bounded southerly by the fourth
district; then by a line drawn up the middle of Broadway,
from Grand street to Houston street; then down the middle of
Houston street to *Cinton street, and down the middle of Clinton street to Grand street.
The seventh district shall be bounded southerly by the fifth
district, then by a line drawn up the middle of Broadway from
Fourth to Fourteenth street, and through the centre of Fourteenth street to Hudson river, and west by the river.
The eighth district shall be bounded south and east by the
East river, on the west and north by a line drawn from the
river up the middle of Clinton street to Houston street, and
down the middle of Houston street to said river.
The ninth district shall be bounded southerly by the seventh
district, and then. by a line drawn through the middle of Sixth
avenue from Fourteenth street to Twenty-sixth street, and then
through the centre of Twenty-sixth street to Hudson river, and
west by the river.
The tenth district shall be bounded on the south by the sixth
district, thence by a line drawn through the middle of Broadway from Houston street to Fourteenth street, down the middle
of Fourteenth street to avenue A, and down the middle of avenue A to Houston street.
The eleventh district shall be bounded southerly by the
ninth district, thence by a line drawn through the middle of
Sixth avenue from Twenty-sixth street to Fortieth street, and
through the centre of Fortieth street to Hudson river, and west
by said river.
The twelfth district shall be bounded southerly by the middle of Houston street, thence by a line drawn up the middle
of avenue A from Houston street to Fourteenth street, and
down the middle of Fourteenth street to the East river, and
east by said river.
The thirteenth district shall be formed of the territory now
known as the twenty-second ward.
The fourteenth district shall be bounded by a line commencing at the intersection of Fourteenth street with the East
river; thence through the centre of Fourteenth street to the
Sixth avenue; thence through the centre of Sixth avenue to
Twenty-sixth street; thence through the centre of Twentysixth street to the East river, and easterly by said river.
* So in the original.




CITY OF NEW YORK.                             283
The fifteenth district shall be bounded southerly by the
fourteenth district, thence through the centre of Sixth avenue
from Twenty-sixth street to Fortieth street; thence through
the centre of Fortieth street to the East River, and easterly
by said river.
The sixteenth district shall comprehend the territory now
known as the nineteenth ward.
The seventeenth district shall comprehend the territory now
known as the twelfth ward, being that portion of the city of
New York north of the centre of Eighty-sixth street.
SE. 561. The mayor, aldermen and councilmen provided for in Timeof
this act shall be elected at the first election for charter officers tion.
to be held after the passage hereof, which election shall take
place on the first Tuesday of December, eighteen hundred and
fifty-seven.  All persons who shall have been elected under former laws regulating or affecting the election of charter officers,
and shall be in office at the time of the passage of this act, shall
continue in office until the officers elected under this act shall
take office, and no longer, except that the offices of commissioner of repairs and supplies and of commissioner of streets
and lamps are hereby abolished, and except that the persons
now filling the several offices of comptroller, counsel to the
corporation, street commissioner and city inspector, and the
officers of the Croton aqueduct departments, shall continue in
office until the expiration of their several terms, and shall not Expirattio
be removed from office during such continuance, except for the offices.
cause and in the manner provided for in sections twenty and
forty-nine of this act, and all other charter officers, and all
school officers, and each governor of the alms house, whose terms
of office may expire with the present municipal year, shall be
also elected on the day before provided for by this section.
SEC. 52. Every person who shall promise, offer or give, or cause, Punislment
or aid, or abet, in causing to be promised, offered or given, or
furnish, or agree to furnish, in whole or in part, to be promised,
offered or given to any member of the common council, or any
officer of the corporation, after his election as such member, or
before or after he shall have qualified and taken his seat, any
money, goods, right in action or other property, or any thing of
value, or any pecuniary advantage, present or prospective, with
intent to influence his vote, opinion, judgment or action on any
question, matter, cause or proceeding which may be then pending, or may, by law, be brought before him in his official capacity, shall, upon conviction, be imprisoned in a penitentiary 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 undertaking that his vote, opinion, judgment
or action shall be influenced thereby, or shall be given in any
particular manner, or upon any particular side of any question,




284                            CHARTERS OF THE
matter, cause or proceeding then pending, or which may by law
be brought before him, in his official capacity, shall, upon conviction, be disqualified from holding any public office, trust or
appointment, under the charter of the city of New  York, and
shall forfeit his office, and shall be punished by imprisonment in
the 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 against either of the provisions
of this section shall be 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.
Electi anof  SEC. 53. The annual election for charter officers, school officers,
cho and governors of the alms-house, after the year eighteen hundred and fifty-seven, shall be held on the first Tuesday in December, and the officers elected at the first election, as hereinbefore provided, and in each year thereafter, shall take office on
aws in r- the first Monday of January next succeeding. All the provigard to elec-                                    ~
tion.    sions of law now in force in regard to the notification, duration,
conduct of election, and canvassing of votes at general elections,
shall apply to the first election provided for herein, and to each
annual election of charter officers, except that the returns of all
elections provided for by this act shall be filed by the district canvassers in the several districts, with the clerk of the common council, within twenty-four hours after the polls are closed; and the
said returns shall be canvassed by the board of aldermen sitting
as a board of city canvassers. The clerk of the common council
shall be clerk to the said board of city canvassers; and the said
board shall meet on the Thursday succeeding such election, and
shall within ten days thereafter wholly complete such canvass,
and file within the same time duplicate statements of the result
in the respective offices of the clerks of the common council
and county clerk.  The clerk of the common council, within
five days succeeding the filing of said statement, shall give to
each person declared elected a certificate thereof.
Certain ats  SEC. 54. The act 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 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, eihteeng hundred and fifty-three, are hereby repealed;




CITY OF NEW YORK.                           285
and all laws inconsistent with this act are also hereby repealed;
but the charter of the city of New York, known as the Dongan
and Montgomerie charters, so far as the same or either of them
are now in force, shall continue and remain in full force, and
shall not be construed as repealed, modified, or in any manner
affected hereby. This section shall not prejudice or affect any
right accrued, or proceeding commenced before this act takes
effect.
SEC. 55. This act shall take effect on the first day of May,
one thousand eight hundred and fifty-seven.
AN ACT RELATING TO THE CHARTER OF THE
CITY OF NEW YORK.*
The People of the State of New York, represented in Senate and
Assembly, do enact asfollows 
SEC. 1. Jonathan W. Allen, William  F. Havemeyer, Andrew V. Stout, William Tucker, Andre Froment, Silas M. Stillwell, Cephas Brainard, David S. Jackson, Amor J. Williamson,
Elijah F. Purdy, Charles H. Marshall, W. Drake Parsons, George
W. Blunt, Peter B. Sweeny, William  IM. Evarts, August Belmont, Robert S. Gould, James T. Brady, William Allen Butler,
J. Winthrop Chanler, John H. White, William  D. Kennedy,
Andrew Carrigan, and Robert J. Dillon, are hereby appointed
commissioners to amend the charter of the city of New York.
SEC. 2. The said commissioners shall assemble and organize for
the convenient transaction of business on the first day of May
next, at the city hall, in the city of New York, and proceed,
from day to day thereafter, to consider and adopt such amendments to the charter of the city of New York as to them shall
seemi necessary and conducive to the good government of the
city and the welfare of the inhabitants. The said commissioners
shall receive no compensation for their services.
SEC. 3. No amendments shall be adopted by the said commissioners without the approval of two-thirds of all the persons
constituting the same.
SEC. 4. The charter as amended by the said commissioners shall
be submitted to the electors of the city of New York, at the
next charter election to be held in said city; and, if approved
by a majority of the electors voting, the same shall be transmitted by the president of said board of commissioners to the
legislature; and, if enacted by the legislature, the said charter
shall g" into effect on the first day of May thereafter.
SEC. 5. The commissioners shall keep ajournal of their proceedings, and provide for the manner of submitting the said charter
* Passed April 15, 1861 —three-fifths being present.-Chap. 268.




*28O                CHARTERS OF THE CITY OF NEW YORK.
to the electors: and any one of their number may demand a
vote by ayes and noes, upon any proposition before the board;
and it shall be the duty of the clerk of the common council of
the said city to cause to be published, in such newspapers as
may be designated by the commissioners, the charter, as agreed
upon by them  to be submitted to the people, at least thirty
days previous to the next charter election.
SEC. 6. Whenever a vacancy shall occur in the said commissioners, the same shall be filled by the board, two-thirds thereof
concurring.
SEC. 7. The said commissioners are authorized to appoint a
clerk, whose compensation shall not exceed one thousand dollars, and which the comptroller of the city of New York shall
pay, upon the requisition of the president of the board of commissioners; and the clerk of the common council of the city of
New York is authorized and required to furnish the said commissioners with stationery; and to cause such printing to be
done as may be ordered by the commissioners, the expense
thereof to be paid by the comptroller; and the common council
of said city shall assign, for the use of the commissioners, a
convenient place of meeting in the city hall of the said city.
SEC. 8. The several heads or chief officers of departments now
in office, by appointment under the present charter of said city,
shall remain in office until after the adjournment of the next
legislature, unless, upon charges preferred before the recorder of
said city, they or either of them shall be convicted of official
misconduct; any vacancies therein, by resignation, death or
removal under this section, shall be filled as is now provided by
law.
SEC. 9. All acts and parts of acts inconsistent with this act
are hereby repealed.
SEC. 10. This act shall take effect immediately.




A  C T S
RELATING  TO
THE CITY OF NEW YORK.








ARSENAL.
1808.-CHAPTER LXI.
AN ACT for the erection of a State Arsenal in the City of New
York.-Passed March 19, 1808.
Whereas, the mayor, aldermen and commonalty of the city of
New York have offered to the Legislature the choice of one of
three lots or pieces of ground, between Elm and Collect streets,
in the said city, for the erection of an arsenal competent to the
public exigencies in that part of the state: Therefore,
I. Be it enacted by the People of the State of New York, repre- Authorty to
sented in Senate and Assembly, That the person administering the
government of this state is hereby authorized and empowered to
select one of the said lots or pieces of land for the purpose aforesaid, and to cause an arsenal, laboratory, work-shops and ordnance yard, together with the necessary appurtenant buildings
to be erected and established thereon, at the expense and for the
use of this state: Provided always, That the mayor, aldermen
and commonalty of the said city shall previously, by a good and
sufficient conveyance in the law, grant to the people of this
state the lot or piece of ground so selected by the person administering the government of this state, to be held and occupied by the people of this state as long as they shall use the
same for military purposes. and no longer.
II. And be it further enacted, That as soon as the said buildings Removal o
are, in the opinion of the person administering the government
of this state, in a fit condition to contain the artillery, arms and
military stores now deposited in the present arsenal in the said
city, he shall cause the same to be removed; and it shall then
be lawful for the said mayor, aldermen and commonalty to take
possession of the same last mentioned arsenal, and they are
hereby invested with all the right of the people of this state to
the same.
III. And be it further enacted, That the treasurer of this state, Payment.
on the warrant of the comptroller, shall pay, from time to time,
to the person administering the government of this state, for the
purpose aforesaid, a sum or sums not exceeding in the whole
thirteen thousand dollars.
19




290              ACTS RELATING TO THE CITY OF NEW YORK.
1848.-CHAPTER CCIV.
AN ACT relative to the State Arsenal in the city of New York.Passed April 8, 1848; " three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Repeal.   SEC. 1. Chapter three hundred and sixty-four of the laws of
eighteen hundred and thirty-seven is hereby repealed.
Lease, how  SEC. 2. The commissioners of the land office are authorized
to surrender to the common council of the city of New York,
upon such terms and conditions as they may deem advantageous
to the state, the lease for the present site and buildings situated
in said city, and occupied as the state arsenal, including a lot on
White street, occupied as a portion of the arsenal grounds or
any portion of said premises, and the said commissioners shall
pay over the avails of such sale to the treasurer of the state.
$5an of   SEC. 3. The comptroller is authorized to loan the sum of fifteen thousand dollars on the credit of the state, on the most advantageous terms, and to issue stock therefor, which said sum of
fifteen thousand dollars shall be expended in the erection of the
new arsenal at New York, and the said stock shall be redeemed
by the avails of sales provided for in the second section, which
are hereby appropriated for that object.
Arsenal todb   SEC. 4. The commissioners of the land office are hereby authorized to complete the state arsenal in such manner as they
shall deem best for the interest of the state, and to employ a
superintendent at an expense of not more than three dollars a
day.
Repeal.   SEC. 5. All acts inconsistent with this act are hereby repealed.
SEC. 6. This act shall take effect immediately.
1849.-CHAPTER CLXXXVIII.
AN ACT relative to the State Arsenal in the City of New York.Passed April 2, 1849; "three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact asfollows:
Arsenal lot  SEC. T1.The common council of the city of New  York is
and avails hereby authorized to sell and convey the land now. occupied
or. do as the state arsenal in the city of New York, situated on Centre,




ARSENAL.                                291
Elm, Franklin and White streets, and to pay into the treasury
of the state the sum of thirty thousand dollars from the avails
of such sale, in pursuance of the agreement between the
city of New York and the commissioners of the land office, as
contained in the comptroller's report for 1849, page 91, the said
sum of thirty thousand dollars to be in full of the claims of the
state to said property.
SEC. 2. The comptroller is hereby authorized to borrow the CmPtr
sum of fifteen thousand dollars to pay for work done and ma- sl,oo.
terials furnished for the said arsenal, the said amount to be reimbursed from the sum of thirty thousand dollars thus to be paid
into the treasury.
SEC. 3. The sum of six thousand dollars is hereby appropri- tAppropria-o
ated out of the general fund for the completion of the said arsenal, and the payment of any balance of principal or interest that
may remain due for money borrowed therefor.
SEC. 4. This act shall take effect immediately.
187. -CHAPTER DCXXX.
AN ACT to authorize the sale of the State Arsenals in New  York
and Albany, to providefor the purchase of the New York Arsenal
property in New York by the city of New York andfor the appropriation of the proceeds of such sales.-Passed April 15, 1857;
"three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The commissioners of the land office are hereby di-ersenal
rected to sell at public auction, unless purchased by the city of
New York, as provided in the third section, and convey to the highest bidder or bidders therefor the state arsenal and all the grounds
appertaining thereto belonging to the state, situated in the city
of New York, such premises to be sold in one or more parcels,
in the discretion of the commissioners.  The amount realized
from such sale shall be paid into the treasury of the state, within
such time, not exceeding sixty days after such sale, as the said
commissioners shall require; provided, however, that said arsenal and grounds shall not be sold for a less sum than two hundred and seventy-five thousand dollars.
SEC. 2. The commissioners of the land office shall, within thirty
days after the passage of this act, advertise for at least four suc



292             ACTS RELATING TO THE CITY OF NEW YORK.
cessive weeks, in three daily newspapers published in the city of
Albany, also in three daily newspapers published in the city of
New York, the time, place and terms of such sale; and at the
time appointed therefor one or more of such commissioners shall
attend to superintend such sale; and in case such property is not
sold at such time and place, such sale may be adjourned from
time to time, in the discretion of the said commissioners, not
exceeding, however, six months in the whole.
centralpark.  SEC. 3. If the mayor, aldermen and commonalty, or the commissioners of the Central park of the city of New York, shall elect
to purchase the same for the purposes of the said Central park,
and shall give notice to that effect in writing to the commissioners hereinafter appointed, ten days before the day designated
for such sale by public auction as provided in the first section,
the commissioners of the land office are hereby directed to convey the same to the said mayor, aldermen and commonalty of
the city of New York, on receiving from said city the sum of
two hundred and seventy-five thousand dollars, and for the purpose of making such purchase, the mayor, aldermen and commonalty of the city of New York are hereby authorized to issue
bonds to provide means for the payment thereof, in accordance
with the provisions of the act to alter the map of the city of New
York, by laying out thereon a public place and to authorize the
taking of the same, passed July twenty-first, eighteen hundred
and fifty-three.
SEC. 4. (Appropriates the proceeds of said sale to the purchase
of arsenals in various parts of the state, $100,000 for an arsenal
in New York, and provides for the sale of the arsenal at Albany.)
Commis.    SEC. 5. The adjutant general, the inspector general and the
commissary general, are hereby constituted and appointed commissioners to select or procure the necessary grounds for the sites
of such arsenals; to make and approve of contracts for the purchase of the same, and to accept conveyances to the state therefor; and to contract for the erection, completion and improvement of such arsenals and armories. They shall cause plans
and estimates of said erections and improvements to be made,
and shall let the work and contract for furnishing the materials;
such contracts to be made with the person or persons who will
do and furnish the same at the lowest bid, and give satisfactory
security for the faithful performance of the contracts. Previous
to such letting, the said commissioners shall give reasonable
public notice, by advertising in newspapers published in the city
or village where the work is to be done or materials furnished,
of the time and place of such letting, and the work to be done
and materials furnished; and at the time and place of such letting, shall attend in person and openly canvass the propositions,




ARSENAL.                                293
and thereupon proceed to make the contracts as is in this section
provided; but no money shall be expended by the commissioners
for the construction of any arsenal as provided by this act, except
the necessary expenses incurred in preparing the plans for such
constructions, until a contract shalihave been made for the completion of such arsenal within the amount appropriated therefor
by this act.
SEC. 6. Before the issuing of the warrant upon the treasurer, as Dutes.
provided in the fourth section of this act, the said commissioners
shall make and file with the comptroller their certificate, signedby each of said commissioners, stating that the appropriation so
asked and to be drawn for is actually due for the purposes in
said certificate particularly mentioned and set forth, unless the
same has accrued upon some contract in writing, in which case
the certificate shall state that upon said contract, describing the
same, the amount asked for is actually due according to the
terms thereof at the date of said certificate, and the said certificate shall thereupon, by the comptroller, be attached to the
duplicate of such contract required by this act to be filed in his
office; and after, or, should the comptroller so require, at any
time before the labor of said commissioners shall have been completed according to the intent and meaning of this act, said commissioners shall file with the comptroller all vouchers and receipts
taken by them in the performance of their duties.
SEC. 7. The said commissioners shall file in the office of the
comptroller certified copies of all contracts entered into by them
for work and materials, and shall present to the comptroller, on the
last day of each month, an abstract of their expenditures during
the preceding month.
SEC. 8. The said commissioners shall receive no compensation
for their services as such commissioners, but shall be allowed
and paid by the treasurer, on the certificate of the commanderin-chief, the actual necessary expenses incurred by them in the
duties of their commission.
SEC. 9. Any balance which may remain unexpended of the proceeds of said sale, after the expenditures authorized by this act,
is hereby appropriated for military purposes, and shall from
time to time be paid by the treasurer on the warrant of the
comptroller, for such purposes as shall be certified by the commander-in-chief to be proper and necessary.
SEC. 10. This act shall take effect immediately.




294              ACTS RELATING TO THE CITY OF NEW YORK.
1S59.-CHAPTER CCLXXIII.
AN ACT to provide for the completion of the State Arsenal in the
City of New  York, and for the settlement of the controversy as to
the cause of the fall thereof.-Passed April 13, 1859;' threefifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
ppropria-   SEC. 1. The sum  of thirty thousand  dollars, or so much
$30,000.  thereof as may be necessary for that purpose, is hereby appropriated, which shall be paid by the treasurer, upon the warrant
of the comptroller, as hereinafter provided, for the rebuilding
and completion of the state arsenal in the city of New York,
under the direction of the adjutant-general, the inspector-general, and the commissary-general of the state, as commissioners,
whose duties shall be the same with reference thereto as is provided by them to be performed for other objects by the act entitled " An act to authorize the sale of the state arsenals of New
York and Albany, to provide for the purchase of the Nev  York
arsenal property in New York, by the city of New York, and
for the appropriation of the proceeds of such sale," passed April
fifteenth, eighteen hundred and fifty-seven.  The commissioners
shall proceed without delay to cause the said arsenal to be rebuilt and finished according to such plans and designs as they
may approve, and in such manner and by the employment of
such workmen as in their judgment the circumstances of the
case may require; but the entire cost of such rebuilding and
the completion of said arsenal shall not exceed the said sum of
thirty thousand dollars.
Commission-  SEC. 2. Before the issuing of the warrant upon the treasurer,
ers to file
certificate. as provided in the first section of this act, the said commissioners shall make and file with the comptroller their certificate,
signed by each of said commissioners, stating that the appropriation so asked and to be drawn for is actually due for the purposes in said certificate particularly mentioned and set forth,
unless the same has accrued upon some contract in writing, in
which case the certificate shall state that upon said contract, describing the same, the amount asked for is actually due according to the terms thereof at the date of said certificate, and the
said certificate shall thereupon, by the comptroller, be attached
to the duplicates of such contract required by this act to be filed
in his office; and after, or should the comptroller so require, at
any time before the labor of said commissioners shall have been
completed, according to the true intent and meaning of this act,
Vouchers to said commissioners shall file with the comptroller all vouchers
and receipts taken by themn in the performance of their duties.
Certified  SEC. 3. The said commissioners shall file in the office of the
copies of
contracts to comptroller certified copies of' contracts entered into by them
be filed.




ARSENAL.                                 295
for work and materials, and shall present to the comptroller, on
the last day of each month, an abstract of their expenditures
during the preceding month.
SEC. 4. The said commissioners shall receive no compensation  o compensation  other
for their services as such commissioners, but shall be allowed than ncesand paid by the treasurer, on the certificate of the commander- sesllowe
in-chief, the actual necessary expenses incurred by them in the
duties of their commission.
SEC. 5. Thomas Nelson, of the county of Westchester, coun- Reeree.
selor at law, or in case of his declination, death or other vacancy,
then such person as the governor shall appoint, is hereby appointed referee to hear and determine the matters in difference
between the people of this state and Richard Calrow, Junior, in
respect to the cause of the fall of and damage to the state arsenal in the city of New York, for the erection of which the said
Richard Calrpw, Junior, was contractor.  The said referee shall ceed.o   o
proceed in the same manner as referees in actions at law, and
shall have power to compel the attendance of witnesses, to swear
and examine the same, and shall, by his report, find and certify
what sum, if any, is due to the people of this state by the said
Richard Calrow, Junior, by reason of any failure on his part to
comply with the terms and conditions of the contract, plans and
specifications for the erection of said arsenal, and the furnishing
of the materials therefor, if such fall or damage shall have been
the result of any such failure on his part; or if any one employed by him, or of a contractor under him, or of any one for whose
acts he is responsible; and if it shall not have been the result
of such failure, then whatever, if any, is due to said Richard
Calrow on account of said contract, or for work and materials
furnished by him under the same, or for the erection of said
arsenal, or by reason of the damage or destruction of any material or property of said Calrow occasioned by such fall; and the
said report of said referee shall be made in duplicate, and subscribed by him, and one of said reports shalt be filed in the
office of the county clerk of the county of New York, and the
other with the comptroller of the state.
SEC. 6. The attorney-genefal and the commissioners named  ho to atin the first section of this act, or one of them, shall attend the hearing.
hearing before said referee, and shall cause to be produced and Wite  to
hearingbeforesaidrefereeandslcause  ho examined
examined the necessary witnesses on the part of the state, and
cross-examine the witnesses on the part of said Calrow; to the
end that the interests of the state may be fully protected upon
such hearing and determination.  The fees of such referee shall
be five dollars per day, and with all other costs and expenses of
such reference, in the whole not to exceed the sum of five hundred dollars, shall be paid by the party against whom judgment
shall be rendered by said report. In case the report shall be
against the state, the same shall be paid by the treasurer, on the
warrant of the comptroller, out of any moneys hereby appropriated.




296              ACTS RELATING TO THE CITY OF NEW YORK.
Mayappea.   SEC. 7. The attorney-general, on behalf of the state, or the
said Richard Calrow, Jr., or either of his sureties, may appeal
to the general term of the supreme court of the first judicial
district, from such report, in the same manner as from a judgment of the special term in said district, and no undertaking or
surety shall be necessary on the part of the state upon such appeal. The said supreme court shall have the same powers and
jurisdiction upon such appeal as upon an appeal from a judgment at special term.
Jedgmenttd  SEC. 8. In case the said report shall be in favor of the state,
against   and shall find that the fall or damage to said arsenal was caused
Richatd
Calrow, Jr., by any failure of said Calrow to comply with his said contract,
in  case  re-  
portshall be the report shall state the amount of damage thereby caused to
tat.r f the state, and judgment may and shall be entered thereon in the
supreme court against said Calrow  in the same manner as
on a report of a referee appointed in an action in said court;
and in case the said report shall be in favor of said Calrow, and
shall find any sum of money to be due to him, then the comptroller is authorized and directed, after the lapse of thirty days
from the filing of such report in his office, to draw his warrant
upon the treasurer for the payment of such sum to the said Calrow, out of any moneys in the treasury not otherwise appropriated, and the sum of twenty thousand dollars is hereby appropriated for such purpose, but subject nevertheless to the provisions of the next section of this act.
Comptroller SEC. 9. If within such thirty days proof under oath shall be
to retain
amount  furnished to the comptroller that an action has been commenced
shown to
bedue.   by some person or persons, in some court of this state competent to try the same, against the said Calrow for the recovery of
money due for materials furnished or work done for or upon said
arsenal, in such case the comptroller shall retain the amount
shown to be due to the complainant in any complaint in such
action, and shall not pay the same to said Calrow, except upon
the written consent of the person or persons in whose favor said
action is brought, until final judgment shall be rendered in said
action, and then he shall pay the same to the person in whose
Proviso.  favor judgment is so rendered; and provided also, that if the
said attorney-general shall make an appeal from such report to
the supreme court, as aforesaid, the said moneys shall not be
paid until the final determination of said appeal in favor of said
Calrow, and then only to the amount finally adjudged to be due
to him, upon such appeal.
Whentotake  SEC. 10. The first, second, third and fourth sections of this
act shall take effect immediately, but the residue of such act,
except this section, shall not take effect until the said Richard
Calrow, Junior, shall stipulate in writing, under seal, to the satisfaction of the attorney-general, to abide by all the provisions
of this act.




AUCTIONEERS.
OF SALES BY AUCTIONEERS.
REVISED STATUTES, PART I, CHAPTER XVII,
TITLE I.
SEC. 1. Duties upon goods sold at auction.
2. Goods how to be struck off. Duties, if purchased by auctioneer or owner.
3. Certain goods sold by auctioneer at private sale, subject to duties.
4. Articles exempt from duties.
5 & 6. When goods liable to duties shall be exempt.
7. By whom sales at auction to be made in the city of New York.
8, 9 & 10. By whom in Albany, Brooklyn and Troy.
11. Penalty for violating preceding section.
12. When auctioneers may employ a partner or clerk to hold auction in their name.
13. Goods damaged at sea, under whose directions sold.
14. Inspectors of damaged goods to be appointed.
15. Auctioneers to give bonds.
16. Bonds, by whom to be approved of.
17. Approbation to be indorsed, and bond to be delivered to comptroller.
18. Officer taking bond, to give notice to comptroller.
19. Any citizen may become an auctioneer on giving bond.
20. Condition of the bond.
21. Penalty for fraudulent practices.
22. Repeal of former act.
23. Penalty for selling goods without giving bond.
24. Bond to be annually renewed.
25. Auctioneers in New York to file copy of bond in clerk's office.
26. Clerk to keep an index of the bonds.
27. Penalty for neglect to file copy of bond.
28. Penalty for selling goods without filing bond and for neglecting to make returns.
29. Penalty on auctioneer for accepting appointment from another State, &c.
30. No auctioneer at same time to have more than one auction house or store.
31. Not to sell at any place different from that designated, except in certain cases.
32. Penalty for violating two last sections.
33. Common council of cities may designate places for sale of horses, &c.
34. Auctioneers to give two days' notice of sales not made at their auction store.
35. Five hundred dollars penalty for violating last section.
36. Auctioneer to receive 2} per cent. commission, unless an agreement for more.
37. Penalty for violating last section.
38. When goods liable to duties are not to be sold at private sale.
39. When auctioneer to make memorandum of sale.
40. Auctioneers to account quarterly; contents of acdount.
41. Account to be exhibited to mayor or recorder of cities, or to county judge.
42. Oath of auctioneer rendering account.
43. Partner of auctioneer also to make oath of truth of account.
44. In account rendered, partner or clerk of auctioneer to state sales made by
him, &c.
45. Auctioneer to pay duties in ten days after rendering account.
46. To whom and where payments to be made.
47. Receipts taken for such payments to be sent to comptroller.




298                  ACTS RELATING  TO  THE CITY OF NEW  YORK.
48. Auctioneer selling no goods liable to duties, to make affidavit thereof.
49. Penalty on auctioneer for neglect of duties prescribed in last nine sections.
50. Comptroller to publish every such neglect; appointment forfeited.
51. Certain goods in New York to be sold between sunrise and sundown; penalty.
52. Same provision extended to Albany.
53. Penalty upon auctioneer guilty-of fraud in execution of his duties.
54. Forfeitures imposed by this title, how to be collected and applied.
55. Comptroller to give notice to attorney-general of forfeitures; his duty thereon.
56. Goods exposed at fictitious sales in New York subject to duty.
57. Penalty for violation of the act.
53. Auctioneer's report to contain statement of goods bid in by the owner.
59. Examination of auctioneer's books, &c., to be made.
60. An agent to be employed by the comptroller for the purpose; his powers.
Goods soldSto   S. 1. All goods, wares and merchandise, and every  other
uty    t species of personal property, which shall at any time be exposed
to sale by public auction within this State, with the exceptions
mentioned  in  the second  section  of this act, and in the fifth
section of title one, chapter seventeen, part one of the Revised
Statutes, shall be subject, each and every time they shall be
struck off, to duties at the following rates, namely:
Amount  of   1. All wines and  ardent spirits, foreign  or domestic, at the
duties.
rate of one dollar on every one hundred dollars:
2. All goods, wares, merchandise and effects, imported from
any place beyond the Cape of Good Hope, at the  rate of fifty
cents on every one hundred dollars:
3. All other goods, wares, merchandise and effects, which are
the production of any foreign country, at the rate of seventyfive cents on every one hundred dollars:
4. The duties shall be calculated on  the sums for which tle
goods so exposed to sale shall be respectively struck off, and
shall in all cases be paid by the person making the sale. [1846,
ch. 62, ~ ].]
tocwk to     SEC. 2. Goods sold  by auction shall in all cases be struck off
to the highest bidder: and where the  auctioneer or owner, or
any person employed by them or either of them, shall be such
bidder, they shall be subject to the same duties as if struck off
to any other person   but this section shall not be construed to
render valid any sale that would  otherwise  be deemed fraudulent and void. (1)
Aticles ia-   SEC. 3. All articles, except those mentioned in the fourth and
toduty. fifth sections of this title, which shall be sold on commission by
an auctioneer, by a co-partner or clerk of an auctioneer, or by a
person in any way connected in the auction business, or in auction sales with an auctioneer, whether at auction or private sale,
shall be liable  to the duties before enumerated,   LAs amended
1S35, ch. 62, ~ 1.]
(1) Laws of 1817, p. 326, sec. 1.




AUCTIONEERS.                               299
SEC. 4. No auction duties shall be payable upon the follow- Goods ago
ing goods and articles:                                         abe to duties.
1. Ships and vessels:
2. Utensils of husbandry, horses, neat cattle, hogs  and
sheep:
3. Articles of the growth, produce and manufacture of the
United States, except distilled spirits. [1846, ch. 62, ~ 2.]
SEC. 5. Goods and chattels otherwise liable to the auction du- Sales eties shall be exempt therefrom, if they shall be sold under the et
following circumstances:
1. If they shall belong to the United States, or to this state:
2. If they shall be sold under any judgment or decree of
any court of law or equity; or under a seizure by any public
officer, for or on account of any forfeiture or penalty; or under
a distress for rent:
3. If they shall belong to the estate of a deceased person,
when sold by his executors or administrators, or by any other
persons duly authorized by a surrogate:
4. If they shall be the effects of a bankrupt or insolvent, and
be sold by his assignees appointed pursuant to law, or by a
general assignment for the benefit of all the creditors of such
bankrupt or insolvent:
5. If they shall be goods damaged at sea, and be sold within
twenty days after they shall have been landed, for the benefit of
the owners or insurers. (1)
SEC. 6. To entitle any goods, wares or merchandise, or other Provision
property sold at auction in the city and county of New  York, damaged
after the passage of this act, to an exemption from the payment good.
of auction duties to the state, as goods damaged at sea upon
the voyage of importation, the auctioneer shall be furnished before sale with a proper certificate from the board of portwardens of the port of New  York, that such goods were examined
by a member of that board, at the proper time and in the proper
manner, and that they were damaged at sea upon the voyage of
importation, so as, in the opinion of said board of wardens, to
be entitled to be sold at auction as damaged goods and be
exempt fromn the payment of auction duties; and also with a
statement upon oath of the president or secretary of the Marine
Insurance Company in the city and county of New York, in
which said goods shall have been insured, in case any insurance
shall have been effected on said goods, stating the fact of insurance of the goods in such company, and the amount insured
thereon, which said certificate shall be by the said auctioneer
(1) Laws of 1817, p. 329, s  8.




300              ACTS RELATING TO THE CITY OF NEW YORK.
exhibited publicly at the said sale, upon the demand of any
portwarden, or any other person interested in the said goods, or
in the sale thereof; and without such certificates, duly furnished
to the auctioneer employed to sell the same, all such goods
shall, from and after the passage of this act, be charged with
the same auction duties as like goods are subject to, which are
not damaged or claimed to be so. [1846, ch. 62, ~ 9.]
Swhlmade.  SEC. 7. [Sec. 6.] All sales at public auction in the city of
New York, not under the authority of the United States, and all
such sales in other parts of the state where duties are payable
on the effects to be sold, shall be made by an auctioneer who
shall have given the security hereinafter required, or by a copartner or clerk of an auctioneer duly authorized under the
provisions of this title; but where no duties are payable, all
such sales, except in the city of New York, may be made by any
citizen of this state. (1)
penalty.  SEC. 11. [Sec. 7.] Every person who shall sell, or attempt
to sell, at public auction, any goods or effects, contrary to the
provisions of the last preceding section, shall be deemed guilty
of a misdemeanor, punishable by fine or imprisonment, or both,
in the discretion of the court by which he shall be tried; the
fine in no case to exceed five hundred dollars; the imprisonment,
three months. (2)
Auctioneer   SEC. 12. [Sec. 8.] Every auctioneer, in case of his inability
may emly to attend an auction, by sickness, by his duty as a fireman, by
or clerk to reason of military orders, or by his necessary attendance in a
court of justice, or in case of his temporary absence from the
city or place for which he is appointed, may employ a co-partner or clerk to hold such auction in his name and behalf; such
co-partner or clerk having previously taken an oath, to be filed with
the clerk of the county in which such auctioneer shall reside,
fully and faithfully to perform the duties incumbent on him by
the provisions of this title, and which oath shall also contain a
true statement of the connection that exists between him and
the auctioneer. [As amended, 1835, ch. 62, ~ 1.]
Goods dam-  SEC. 13. [Sec. 9.] Goods damaged at sea, and sold for the
agedatsea. benefit of the owners or insurers, shall be sold, in the city of
New York, under the direction of the wardens of the port, and
in other cities and counties of the state, under the direction of
persons appointed to inspect damaged goods in the city or county
where the sale is made. (3)
(1) Laws of 1817, p. 329, sec. 8; 1824, p. 37, sec. 2.
(2) Laws of 1817, p. 38, sec. 2.
(3) Laws of 1817, p. 331, sec. 11.




AUCTIONEERS.                                 301
SEC. 15. [Sec. 11.] No person appointed to the office of an Bond
auctioneer shall execute the duties of such office, until he shall
have entered into a bond to the people of this state, with two
sufficient freeholders as his sureties, in the penalty of five thousand dollars, conditioned for the faithful performance of the duties
of his office, and for the payment of the duties that are, or
shall be, imposed by law, and that shall accrue on sales made
by him or under his direction, by virtue of his office. (1)
SEC. 16. [Sec. 12.] Such bond, if executed by an auctioneer How 
appointed in a city, shall be taken and approved of by the
mayor  or recorder of such  city; and if executed  by  an
auctioneer appointed for a county, by any judge of the county
courts of such county. (1)
SEC. 17. [Sec. 13.] The officer taking the bond shall indorse,ow doS
upon it a certificate of his approbation, and of the day on which
it was taken, and shall deliver the bond, thus indorsed, to the
auctioneer by whom  it shall have been executed, who, within
ten days thereafter, shall deliver, or cause the same to be delivered, to the comptroller. (2)
SEC. 18. [Sec. 14.] Every officer taking such bond shall, b.
without delay, transmit a notice to the comptroller, stating the
name of the auctioneer and his sureties entering into the bond,
and the day on which the same was executed and approved.
SEC. 19. Any citizen of the state of New York may become Any citizen
an auctioneer, and may legally transact business and perform an auctionthe duties of an auctioneer, in the county in which he resides, on note.)
executing and depositing with the comptroller an approved bond,
in double the amount now  required by law, with sureties for
the payment of the auction duties, in the manner prescribed by
the eleventh, twelfth and thirteenth [15th, 16th, and 17th]
sections of title first of chapter seventeenth of part first of the
Revised Statutes. [1838, ch. 52, ~ 1.] (3)
SEC. 20. An express clause shall be inserted in the bond, sub- Bond,how to
jecting the same to forfeiture, in case the obligor shall not render a true and accurate account quarterly of all goods sold or
struck off by him; and such quarterly account shall be rendered
as required in the twenty-seventh [40th] section of title first of
chapter seventeenth of part first of the Revised Statutes; and
such account shall contain, in addition to the statements required in said sections, a distinct statement of all goods struck
(1) Laws of 1817, p. 327, sec. 4. By act of 1853, chap. 138, the bond is fixed at
$2,000.
(2) Laws of 1817, p. 327, sec. 4.
(3) By act of 1853, chap. 138, auctioneers in the city of New York are required to
be licensed.




302              ACTS RELATING TO THE CITY OF NEW  YORK.
off but not actually sold, and he shall pay the auction duties on
all such goods so struck off.  [Same ch., ~ 2.]
Penalty.   SEC. 21. Whenever an auctioneer shall be found guilty, before any police or mayor's court, or court of criminal jurisdiction in this state, of fraudulent practices, he shall be forever
thereafter disqualified from exercising the rights or pursuing the
business of an auctioneer, and shall also be deemed guilty of a
misdemeanor, punishable by fine and imprisonment, or either, in
the discretion, of the court before whom such conviction shall
be had; the amount of which fine shall not exceed the sum of
five hundred dollars, and the term of which imprisonment shall
not exceed one year; and any person who shall, at any time
after such conviction, transact the business of an auctioneer,
and any person who shall at any time transact the business of an
auctioneer, without first having complied with the provisions of
this act, shall for each offence be deemed guilty of a misdemeanor, punishable in like manner as is herein above specified.
[1838, ch. 52, ~ 3.]
Repeal.    SEC. 22. So much of any act heretofore passed as is inconsistent with this act is hereby repealed.  [Same ch., ~ 4.]
Penalty for  SEC. 23. [Sec. 15.] Every auctioneer who shall sell any goods,
out bond.  wares, merchandise or effects, by public auction, without having
given the security above required, shall forfeit the sum of one
hundred and twenty-five dollars for each article so exposed by
him to sale. (1)
Bond.     SEC. 24. The bond required by law from  every auctioneer
shall be renewed on or before the first Monday of January in
each and every year. [1846, ch. 62, ~ 4.]
Duty of auc-  SEC. 25. Every auctioneer in the city of New York shall,
tioneers in
New York.n within ten days after the bond required by law shall have been
executed, and the certificate required by law indorsed thereon,
file a copy thereof, and also a copy of said certificate, certified
by the officer taking the bond, with the clerk of the city and
county of New York.  [Same ch., ~ 5.]
Duty of    SEC. 26. The clerk of the city and county of New York shall
county
clerk,    keep a book or books, with an index alphabetically arranged,
in which he shall cause to be recorded every bond so filed, for
which he shall be entitled to a fee of fifty cents for every bond
so filed, to be paid by the party executing such bond.  [Same
ch., ~ 6.]
Penalty for  SEC. 27. Every auctioneer neglecting to file such certified
eglct.   copy within the time required by law, shall forfeit, for every
(1) Laws of 1817, p. 327, sec. 4.




AUCTIONEERS.                                303
such neglect, the sum of one hundred dollars-such penalty to
be sued for and recovered by the district attorney; and, when
recovered, to be paid into the treasury of the state. [Samech., ~ 7.]
SEC. 28. Any person who shall act as auctioneer in selling sellingwifth
any goods liable to auction duties, without filing the bonds out ling
required by law, or who shall neglect to make or render the
accounts, or to pay over the duties required by law, shall be
deemed guilty of a misdemeanor and punished by imprisonment, not exceeding one year, or by fine, not exceeding one
thousand dollars, or by both such fine and imprisonment. [Same
ch.,  8.]
SEC. 29. [Sec. 16.] Every auctioneer, who, during his tern Further penof office, shall accept an appointment as auctioneer from  any
other state, or who shall be concerned as principal or partner
in selling any goods, wares, merchandise or effects, in any other
stateby public auction, or who shall receive any reward, compensation or benefit, for or on account of any such sale, shall be
deemed guilty of a misdemeanor, and on conviction shall forfeit
his appointment, and be incapable forever thereafter of acting as
an auctioneer within this state. (1).
SEC. 30. [Sec. 17.] No auctioneer in any city of this state Auctioneers
shall at the same time have more than one house or store, for one auction.
the purpose of holding his auctions; and every such auctioneer, hoUS
before he shall enter on the execution of his office, shall designate, in a writing signed by him, such house or store, and shall
also name therein the partner or partners, if any, engaged with
him in business, and shall file such writing with the clerk of the
city for which he shall be appointed. (2)
SEC. 31. [Sec. 18.] No such auctioneer shall expose to sale by And not to
public auction any goods or articles liable to auction duties, at where.
any other place than that designated in the writing so deposited
by him, except goods sold in original packages as imported, Exceptions.
household furniture, and such bulky articles as have usually
been sold in warehouses, or in the public streets, or on the
wharves. (2)
SEC. 32. [Sec. 19.] Every such auctioneer, who shall violate Penalty
any provision of the two last sections, shall be deemed guilty of'
a misdemeanor, punishable by fine not exceeding two hundred
and fifty dollars for each offence. (2)
SEC. 33. [Sec. 20.] The common council of each city in this Place for sale
state may designate such place or places, within such city, for &c.
the sale by auction of horses, carriages and household furniture,
as they shall deem expedient. (2)
(1) Laws of 1817, p. 327, sec. 16.
(2) Laws of 1817, p. 327, sec. 9.




304              ACTS RELATING TO THE CITY OF NEW YORK.
Notice, how   SEC. 34. [Sec. 21.] Every auctioneer in the city of New York
shall, under his own proper name, give previous notice in one
or more of the public newspapers printed in the said city, of
every auction sale that shall be lawfully made by him; and, in
case he shall be connected with any person or firm, his name
shall in all cases precede, separately and individually, the name
of such person, or the title of the firm under which he transacts
business.  [As amended 1835, ch. 62, 2   1.]
Penalty.  SEC. 35. [Sec. 22.] Every auctioneer, co-partner or clerk of
an auctioneer, and every other person whomsoever in the city of
New York, who shall advertise a sale by auction, in any other
manner than the one prescribed in the foregoing sections, or
shall be concerned in any sale by auction, not advertised in the
aforesaid manner, shall, on conviction thereof, forfeit the sum of
five hundred dollars for each offence, and be also subject to imprisonment, at the discretion of the court in which he shall be
tried; but such imprisonment shall not exceed six months.
[As amended, same ch., and ~.]
Commission. SEC. 36. [Sec. 23.] No auctioneer shall demand or receive a
higher compensation for his services than a commission of two
and one-half per cent. on the amount of any sales, public or
private, made by him, unless by virtue of a previous agreement
in writing, between him  and the owner or consignee of the
goods or effects sold. (1)
Penalty.  SEC. 37. [Sec. 24.] Every auctioneer who shall violate the
provisions of the last section, shall forfeit the sum of two hundred and fifty dollars, to every person from whom he shall demand or receive an unlawful compensation or commission, and
shall also be liable to refund the moneys so illegally received. (2)
Private    SEC. 38. [Sec. 25.] No auctioneer, on the day and at the
sales, when
anlh  plwhereple  here his public auction shall be held, nor any person
prohibite. whatever, on the same day and at the same place, shall sell at
private sale any goods or effects liable to auction duties; and
every person who shall violate this provision, shall forfeit a sum
equal to the price for which such goods shall have been sold. (3)
Entry in sale  SEC. 39. [Sec. 26.] When goods shall be struck off at
book.    auction, and the bargain shall not be immediately executed by
the payment of the price, or the delivery of the goods, it shall
be the duty of the auctioneer to enter in a sale book, to be kept
by him for that purpose, a memorandum of the sale, specifying the'
nature, quantity and price of the goods, the terms of sale, and
the names of the purchaser, and of the person on whose account the sale is made.
(1) Laws of 1817, p. 330, sec. 9.
(2) Laws of 1817, p. 330, sec. 14.
(3) Laws of 1817, p. 330, sec. 11.




AUCTIONEERS.                             305
SEC. 40. [Sec. 27.] Every auctioneer, who shall have entered Semi-annu
into the bond required by law, shall make out, in writing,,a
quarterly account, dated on/ the first days of April, July, October and January, in the year for which he is appointed [the account required by law from every auctioneer shall hereafter be
rendered semi-annually, on the first Mondays of July and January in each year, 1846, ch. 62, ~ 3], and shall therein state
minutely and particularly,
1. The sums for which any goods or effects shall have been
sold at every auction held by him, or in his behalf, from the
time of his entering into such bond, or the date of his last quarterly account'
2. The days on which sales were so made, and the amount of
each day's sale, designating the sales made by himself or in his
presence, and those made in his absence by a partner or clerk
acting in his behalf, and specifying the causes of such absence:
3. The amount of all private sales made by himself or any
of his partners, on commission, and the days on which such sales
were made:
4. The amount of the duties chargeable under the provisions
of this title, on all the sales, public and private, mentioned in the
account. (1)
SEC. 41. [Sec. 28.] Every such account, within twenty days hibmex.
after the day on which it is dated, shall be exhibited, if made
out by an auctioneer appointed in a city, to the mayor or recorder of such city; and, if by an auctioneer appointed for a
county, to any judge of the county courts of such county. (1)
SEC. 42. [Sec. 29.] Every auctioneer, exhibiting an account, Oath.
shall take the following oath before the officer to whom the account shall be exhibited: "I, -~, do solemnly
and sincerely swear, (or affirm,) that the account now exhibited
by me, and to which I have subscribed my name, contains a
just and true account of all the goods, wares, merchandise and
effects, sold or struck off, or bought in by me, at public sale, or
sold by me at private sale on commission, whether subject to
duty or not, or sold, struck off or bought in as aforesaid, by
others in my name, or under my direction, or for my benefit,
within the time mentioned in the within account; and of the
days upon which the same were respectively sold; and that I
have attended, personally, such of the said public sales as are
not stated in the said account to have been made without my
attendance; and that the causes therein mentioned, of my absence from such sales as I did not attend, are truly stated; that
I have examined the entries of all the sales mentioned in said
account in the book kept by me for that purpose, and fully be(1) Laws of 1817, p. 328, sees. 5 and 6.
20




306              ACTS RELATING TO THE CITY OF NEW YORK.
lieve this account to be in all respects correct; and further, that
I have, during the time therein mentioned, conformed, in all
things, to the true intent and meaning of the laws regulating
sales by auctioneers, according to the best of my knowledge,
information and belief." Such oath shall be reduced to writing,
be endorsed on the account, and be subscribed by the auctioneer
taking it. (1)
Account to  SEC. 43. [Sec. 30.] Every partner of such auctioneer shall
bo sworn to.
also make and subscribe an oath, to be indorsed on the account, as shall also every clerk or other person whatever in any
way connected in business with such auctioneer, who shall have
made any sale contained in said account, that he believes theaccount so rendered to be just and true in every particular.
(As amended 1835, ch. 62, ~ 1.)
Dutyofpart-  SEC. 44. [Sec. 31.]  Every partner or clerk, who shall have
ner or clerk
astoaccount. made any sate on behalf of an auctioneer, shall, in the account
rendered by such auctioneer, set his name, or the initials thereof,
opposite to each sale made by him, mentioned in such account;
and shall make and subscribe an affidavit to be annexed to such
account, stating that the sales so noted are all the sales liable to
auction duties, public or private, made by him within the time
mentioned in the account, and that the account of such sales, so
therein stated, is just and true; that such sales were made by
him in the absence of such auctioneer, who was unable to attend
from the causes specified in his account; and that, in all acts
performed by him, in behalf of such auctioneer, during the time
aforesaid, he had endeavored to conform to the true intent and
meaning of the laws regulating sales by auctioneers. (2)
Duties, when SEC. 45. (Sec. 32.) Every auctioneer, within ten days after
to be paid he shall have exhibited his account, shall pay, for the use of this
state, the duties accrued.on the sales mentioned in the account;
and immediately after such payment, shall deliver or transmit
such account, with the affidavits endorsed thereon, and annexed
thereto, to the comptroller, to be filed in his office. (3) (As
amended 1843, ch. 86.)
Payments,   SEC. 46. [Sec. 33.] Every such payment, if made by an aucwhere to be
made.    tioneer appointed for any other place than the city of New York,
shall be made to the treasurer of this state, and by every auctioneer in the city of New York shall be made to such bank in
the city of New York as shall be designated by the comptroller
as entitled to the state deposits according to law; and the receipt of the proper officer of the bank shall be taken therefor. (4)
(1) Laws of 1817, p. 328, secs. 5 and 6.
(2) Laws of 1817, p. 328, sec. 11.
(3) Laws of 1817, p. 328, sees. 5, 6 and 19.
(4) Laws of 1817, p. 328, sees. 5, 6 and 19.




AUCTIONEERS.                               307
SEC. 47. [Sec. 34.] The auctioneer taking such receipt shall Recteit to be
immediately transmit the same to the comptroller, who shall troler.
thereupon certify such payment to the treasurer, and charge him
with the amount thereof. (1)
SEC. 48. [Sec. 35.] Every auctioneer who, within the period Afdavit, it
limited for his accounting, shall have made no sales, public or made
private, of goods or effects liable to auction duties, shall make
and subscribe an affidavit of those facts, before any officer to
whom  his account, had such sales been made by him, might
have been exhibited, and shall transmit a copy of such affidavit,
certified by the officer taking it, to the comptroller, within the
same time that an account is required to be rendered. (2)
SEC. 49. [Sec. 36.] Every auctioneer, partner, or clerk of an Penalty.
auctioneer, and every person whatever in any way connected in
business with an auctioneer, who shall refuse or neglect to perform any act or duty, which, in either of the last nine sections,
he is required to perform, shall, for each offence, forfeit to the
people of this state the sum of seven hundred and fifty dollars.
(As amended, 1835, ch. 62, ~1.)
SEC. 50. [Sec. 37.] It shall be the duty of the comptroller to Publicatin
certify and publish in the state paper every such refusal or neglect of an auctioneer; and, from the time of such publication,
the delinquent auctioneer therein named shall be deemed to
have forfeited his appointment, and shall be incapable of doing
any act by virtue thereof. (3)
SEC. 51. [Sec. 38.] All sales of goods, by public auction, in      yn.
the city of New York, by an auctioneer, shall be made in the
day time, between sunrise and sunset, excepting
1. Books or prints;
2. Goods sold in the original package, as imported, according
to a printed catalogue, of which samples shall have been opened
and exposed to public inspection at least one day previous to
the sale.
Every auctioneer who shall violate the provisions of this sec- Pnalty
tion shall be deemed guilty of a misdemeanor, and, on conviction, shall forfeit his appointment. (4)
SEC. 53. [Sec. 39.] Every person who shall be guilty of any lb.
fraud or deceit in the execution of this title, or who shall, by
any fraudulent means, seek to elude or defeat its operation, shall
be deemed guilty of a misdemeanor, and shall forfeit treble damages to the party injured.
(1) Laws of 1817, p. 328, sees. 5, 6 and 19.
(2) Laws of 1817, p. 328, sees. 5, 6 and 19.
(3) Laws of 1817, p. 328, sec. 9.
(4) Laws of 1817, p. 328, sec. 10.




308             ACTS RELATING TO THE CITY OF NEW YORK.
ho feiures,  SEC. 54. [Sec. 40.] All forfeitures, imposed in this title, and
outed for. not otherwise specially appropriated, shall be prosecuted for, by
the district attorney of the county in which the offence shall be
committed, in the name of the people; and it shall be the duty
of the comptroller to give immediate notice to the proper district attorney of every such forfeiture believed to have been incurred.  The moneys recovered, deducting a proper compensation to the district attorney, to be settled by the comptroller,
shall be paid to the treasurer of the county in which the offence
shall be committed, for the use of the poor of such county.
Duty of
comptroller  SEC. 55. [Sec. 41.] The comptroller is authorized, whenever
ney-general. he shall deem it necessary, to give notice to the attorney-general of any forfeiture incurred by an auctioneer, or any other
person under this title; and the attorney-general, when thus
notified, shall have power to prosecute for such forfeiture, in the
manner provided by section forty [54] of this title, and after
paying his costs, the moneys recovered shall be appropriated in
the manner specified in said title.  [1835, ch. 62, ~ 2.]
[Sections 56, 57 and 58, repealed by chap. 311, Laws of
1853.]
iooksofrauc-  SEC. 59. The comptroller is hereby authorized, and it is made
tioneers to be
examined by his duty, to cause an examination to be made, as often as once
comptroller. 
in each year, of the books and accounts of auction sales kept by
the auctioneers who shall have given bonds for the payment of
duties on goods sold at public auction; and in case it shall appear, from such examination, that any auctioneer has made a
false return of the amount of goods sold by him subject to duty,
the comptroller shall cause an action to be brought, in the
name of the people of this state, against the auctioneer making
such false return, and his sureties, for the recovery of such sum
as shall appear, from the examination herein provided, to be
actually due for duties on the sales made by such auctioneer.
[1849, ch. 399, ~ 1.]
To employ  SEC. 60. The comptroller is hereby authorized to employ
a   such agent or agents as he may deem  necessary to carry this
act into effect, and to pay to said agent or agents such compensation as shall be reasonable. The agent or agents so employed
shall have full power to administer an oath to each auctioneer,
and to require such information as may be necessary to ascertain
the true amount of goods sold at auction by such auctioneer.
[Same ch., ~ 2.]




AUCTIONEERS.                             309
1853.- CHAPTER CXXXVIII.
AN ACT topunish Gross Frauds and to suppress Mlock Auctions.Passed April 9, 1853.
The People of the State of New York, represcnted in  Senate
and Assembly, do enact as follows:
SEC. 1. Whereas, a failure of justice frequently arises from the Mock aucsubtle distinction between larceny and fraud; and whereas, cer-tin
tain evil-disposed persons, especially in the city of New York,
have for several years past, by means of certain fraudulent and
deceitful practices, known as mock auctions, most fraudulently
obtained great sums of money from unwary persons, to their
great impoverishment.
SEC. 2. Each and every person who shall, through or by Penalty for
means of the afore recited deceitful and fraudulent practices, or dulent and
by means of any other gross fraud or cheat at common law, prctices
designedly and with intent to defraud, obtain from any other
person any money or any goods, wares, merchandise or other
property, or shall obtain, with such intent, the signature of any
person to any written instrument, the false making whereof
would be punishable as forgery, shall, on conviction, be punished by imprisonment in the state prison for not more than three
years, or in the county jail not exceeding one year, or by fine
not exceeding one thousand dollars, or by both such fine and
imprisonment: Provided always, That if, upon the trial of any Proviso.
person indicted for such fraud, it shall be proved that he obtained the property in question in any such manner as to amount
in law to a larceny, he shall not, by reason thereof, be entitled
to an acquittal; and no person tried for such fraud shall be
liable to be afterwards prosecuted for larceny upon the same
facts.
SEC. 3. All auctioneers doing business in the city and county A'1 auctionof New York shall hereafter be required, between the first and e  to ob-ce
fifteenth of June, in each and every year, to obtain from thefrm imayor
and give
mayor of said city a license to engage in and carry on such bond.
business and occupation, upon filing a bond with two good securities, in the penal sum of two thousand dollars.
SEC. 4. The mayor, on the complaint of any person having Testimony to
be taken by
been defrauded by any auctioneer, or the clerk, agent or assignee mayor.
of such auctioneer doing business in the city and county of New
York, is hereby authorized and directed to take testimony, under
oath, relating thereto; and if the said charge shall, in his opin



310              ACTS RELATING TO THE CITY OF NEW YORK.
ion, be sustained, then he shall revoke the license granted under
Revocation the provisions of this act, and commit the parties for trial acflteand cording to law, and direct the said bonds to be forfeited, as
provided for in the preceding section.
SEC. 5. All acts and parts of acts conflicting with the provisions of this act are hereby repealed.
SEC. 6. This act shall take effect immediately




BANKS.
1853.-CHAPTER CCL.
AN ACT relating to Incorporated Banks, Banking Associations,
and Individual Bankers, located and doing Business in the City
of New York. —Passed April 15, 1853.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. In addition to the quarterly reports now required by Reports or
law to be made to the superintendent of the banking depart- tatments
ment, by incorporated banks, banking associations, or individual bankers, in this state, every incorporated bank, banking
association, or individual banker, located and doing business in
the city of New York, shall publish or cause to be published, on
the morning of every Tuesday, in a newspaper printed in said
city, to be designated by the superintendent, a statement, under
the oath of the president or cashier, showing the condition of
the bank, banking association, or individual banker, making
such statement, on the morning of each day of the week next
preceding the date of such statement, in respect to the following
items and particulars, to wit: average amount of loans and discounts, specie, deposits and circulation.
SEc. 2. Such statement shall be published at the expense ofForfeiture.
the banking association, or individual banker making the same;
and, if any bank, banking association, or individual banker, shall
refuse or neglect to make the statement required in the first section of this act, for two successive Tuesdays, it shall forfeit its
charter (if an incorporated bank), and its privileges as a banking association or individual banker; and every such bank,
banking association, or individual banker may be proceeded
against, and its affairs closed, in any manner now required by
law, in case of an insolvent bank, or banking association. The
terms "banking association" and "individual banker," as used
in this act, shall be deemed to apply only to such banking associations and individual bankers as are or may be organized under
the "act of April 18, 1838," and the several amendments
thereto.
SEC. 3. This act shall take effect on the first day of August,
one thousand eight hundred and fifty-three.




312              ACTS RELATING TO THE CITY OF NEW YORK.
1853  CHAPTER CCLVII.
AN ACT relative to Savings Banks or Institutions for Savings
in the city and county of New York and the county of Kings.Passed April 15, 1853.
The People of the State of New  York, represented in Senate
and Assembly, do enact as follows:
Loans on   SEC 1. It shall be lawful for the several savings banks or
stok,   institutions for savings in the city and county of New York
and county of Kings, now chartered, or which may be hereafter
chartered, in addition to the powers granted by their respective
acts of incorporation, to loan the money, which they have received or shall hereafter receive on deposit, or the accumulations
thereof, on or purchase of any stock or securities for the
redemption or payment of which the faith of any state in the
Union shall be pledged, or in the public debt or stock of any
incorporated city, county or town in this state, which shall have
been authorized by the legislature of this state to issue such
Proviso.  stock; provided, that the cash value of such stock or securities
shall, at the time of making such investments, be at or above
its par value; and any such loans, so made, shall not exceed in
amount ninety per cent. of the par value of such stock or
securities.  Should the stock or securities above mentioned depreciate in value, so that the amount loaned thereon shall exceed
ninety per cent. of its par value, it shall be the duty of the
directors or trustees of any savings bank or institution for savings to require the immediate payment of any loan made by
them thereon, or additional security therefor, so that at all
times the amount so loaned shall be at least ten per cent. less
than the par value of such stock or securities.
Temporary   SEC. 2. It shall be lawful for any such savings banks or instideposits.  tutions for savings to make temporary deposits in any bank or
banking association, to an amount equal to ten per cent. of the
actual cash capital stock paid in of such bank or banking association, and to receive interest thereon at such rates, not exceeding that allowed by law, as may be agreed upon; provided,
that all the deposits in any one bank or banking association shall
not exceed in amount twenty per cent. of all the deposits belonging to such savings bank or institution for savings, and that
no contract or agreement in relation to said deposits shall be for
a longer period than one year.,oans to   SEC. 3. It shall not be lawful for any of such savings banks or
banks.   institution for savings, to make any loans to any bank or banking association, exceeding the limits above prescribed, unless
such savings bank or institution for savings shall require or receive of such bank, for all sums so deposited, exceeding the




BANKS.                                  313
limits above prescribed, such securities therefor, and equal in
amount as the comptroller or superintendent of the banking department is now lawfully authorized to receive in exchange for
bills or notes for circulation; nor shall it be lawful for any trustee of a savings bank or institution for savings to be a trustee
of more than one savings bank or institution for savings at the
same time; nor shall the trustees of any savings bank or institution for savings hereafter to be incorporated be directors at
the same time in any bank or banking association wherein any
part of the moneys of such savings bank or institution for savings shall be deposited.
SEC. 4. All the assets of any bank or banking association, Assets.
now or hereafter to be created, that shall become insolvent,
shall, after providing for the payment of its circulating notes,
be applied by the directors thereof, in the first place, to the payment of any deficiency that may arise on the sales of the securities aforesaid, and thereafter of any sum or sums of money deposited with such bank or banking association by any savings
bank or institution for savings, within the range of twenty per
cent., as provided in the second section of this act.
SEC. 5. No such savings bank or institution for savings here- Individual
after to be incorporated shall receive from  any individual de- dot.
positor a larger sum than one thousand dollars, nor a larger
amount than three millions of dollars in the aggregate amount
of deposits, exclusive of its banking house; and the rate of interest on all deposits of five hundred dollars, and under, shall be
one per cent. per annum  greater than shall be allowed on any
sum exceeding five hundred dollars.
SEC. 6. The provisions of this act shall apply to all savings Application
banks or institutions for savings in said counties, which savings
banks or institutions for savings are hereby prohibited from loaning the moneys deposited with them, or any part thereof, upon
notes, bills of exchange, drafts or any other personal securities
whatever.
SEC. 7. All acts and parts of acts inconsistent with the pro- Repeal.
visions of this act are hereby repealed.
SEc. 8. This act shall take effect immediately.




314              ACTS RELATING TO THE CITY OF NEW YORK.
1853.-CHAPTER CCCCXCII.
AN  ACT to amend an act entitled "an act relative to Savings Banks
or Institutions for Savings in the city and county of New York
and the county of Kings"-passcd  April 15, 1853.-Passed
June 30, 1853.
The People of the State of New York, represented in Senate and
Asssembly, do enact as follows:
Action of   SEC. 1. So much of section third of the act hereby amended as
dito. o prohibits any person from being, at the same time, a trustee or
director in more than one savings bank or institution for savings, shall not be so construed as to prevent any person from
acting as an ex-officio trustee or director of any one or more
savings banks or institutions for savings when so required, during a membership in any other incorporation, under any law of
this state, passed prior to the date of this act; and nothing in
said act shall prevent the savings banks in the county of Kings
from loaning their funds on or investing said funds in bonds of
said county of Kings.
SEC. 2. This act shall take effect immediately.




BIRTHS, MARRIAGES AND
DEATHS.
1853. —CHAPTER LXXV.
AN  ACT to amend an act entitled "an act providing for the
Registry of Births, Marriages, and Deaths.-Passed April 2,
1853.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. It shall be the duty of the clergymen, magistrates, Registry to
and other persons who perform  the marriage ceremony in the clergymen
and others,
city of New York, to keep a registry of the marriages celebrated and report
to city inby them, which shall contain, as near as the same can be ascer- spector,
tained, the name and surname of the parties married; the resi- New York.
dence, age, and condition of each; whether single or widowed.
It shall also be the duty of physicians and professional midwives
to keep a registry of the several births in which they have
assisted professionally, which shall contain, as near as the same
can be ascertained, the time of such birth, name, sex, and color
of the child, the names and residence of the parents, and to report the same, on or before the first Monday of each and every
month, to the city inspector of the city of New York; and
physicians who have attended deceased persons in their last illness shall, in the certificate of the decease of such person,
specify, as near as the same can be ascertained, the name and
surname, age, occupation, term of residence in said city, place
of nativity, condition in life; whether single, married, widow,
or widower; color, last place of residence. and the direct and
indirect cause of death of such deceased person, and the coroners of the city and county of New York, in such cases as an
inquest may have been held, shall, in their certificates, conform
to the requirements of this section of this act.
SEc. 2. The city inspector of the city of New York shall keep City inspcta record of the births, marriages, and deaths reported to him; Yorktokeep
the births shall be numbered and recorded in the order in which
they are received by the recording officer; and the record of
births shall state, in separate columns, the place and date of
birth, the name, sex, and color of the child, the names and residences of the parents, as fully as he has received the same, and
the time when the record was made.  The marriages shall be




316              ACTS RELATING TO THE CITY OF NEW YORK.
numbered and recorded in the order in which they are received
by the recording officer, and the record thereof shall state, in
separate columns, the date of marriage, name, residence, and
official station, if any, of the person by whom married, the
names and surnames of the parties, age, the color, and condition
of each, whether single or widowed, and the time when the
record was made. The deaths shall be likewise numbered and
recorded; and the record thereof shall state, in separate columns, as far as the same is reported, the date of decease, name,
and surname, condition, whether single, married, or widowed,
age, place of birth, place of death, occupation, names of the
parents, when an infant without name, disease, direct or indirect
cause of death, color, and last place of residence of such deceased
person, and the time when the record was made.
Report to be SEC. 3. It shall be the duty of the city inspector of the city of
made to secretary  of New York, on the third Monday in each month, to transmit an
state.    abstract of his registry of marriages, births, and deaths for
the month next preceding, duly certified, to the secretary of
state.
compensa-    SEC. 4. The city inspector of the city of New York, for his
nspetfor.  services as required by this act, shall be entitled to receive such
fees for recording each birth, marriage, or death, (1) as the board
of supervisors of the city of New York may establish; the fees
for recording of births being payable by the board of supervisors, and the recording of marriages by the person reporting the
same, it being provided that the fee for recording each birth or
marriage shall not exceed the sum of ten cents.
Fees.      SEC. 5. Every clergyman, magistrate or other person solemnizing a marriage, and reporting the same in accordance with
this act, shall be entitled to demand and receive for the same,
from the parties, the sum of at least one dollar, out of which he
shall pay the fee for recording such marriage.
Secretary of SEC. 6. The secretary of state shall prepare and furnish to the
state to furnish inspect- city inspector of the city of New York, blank forms of returns,
or with
forms.    as hereinbefore specified, and shall accompany the same with
such instructions and explanations as may be necessary and useful, and he shall receive the said returns and prepare from them
such tabular results, with remarks thereon, as will render them
of practical utility, and shall make a report thereof annually to
the Legislature.
renalty for  SEC. 7. Every person who shall neglect or refuse to comply
not complywing with         or violate   the provisions of this act, shall forfeit and pay
hisrtons f for each offence the sum of fifty dollars, to be sued for and re(1) See City Charter, 1857, sec. 44.




BIRTHS, MARRIAGES AND DEATHS.                      317
covered in the name of the mayor, aldermen and commonalty
of the city of New York, and the penalty, when recovered,
shall be paid over, one-half thereof to the corporation of the city
of New  York, and one-half to the party making complaint
thereof.
SEC. 8. All such parts of the act, entitled " An act providing Repeal.
for the registry of births, marriages and deaths," passed April
28, 1847, as relates to the city of New York, conflicting or inconsistent with the provisions of this act, is hereby repealed.
SEC. 9. This act shall take effect on the first day of July next, Act to take
before which time the secretary of state shall cause a copy of July, 13.
the same to be officially published in at least one of the papers
published in the city of New York, with a notice to all magistrates, clergymen, physicians and other persons interested, of
the time when it will become a law.




BOUNDARIES OF THE CITY AND
COUNTY.
REVISED  STATUTES, PART  I, CHAP. II, TITLE I,
SEC. 2, AND SUB. 5.
BOUNDARIES OF THE COUNTY OF NEW YORK.
New York.   SEC. 5. The county of New York shall contain the islands called
Mianhattan's Island, Great Barn Island, Little Barn Island, Manning's Island, Nutten Island, Bedlow's Island, Bucking Island,
and the Oyster Islands; and all the land under water within the
following bounds: beginning at Spyten Duyvel Creek, where
the same empties itself into the Hudson river on the Westchester side thereof, at low water mark, and running thence
along the said creek, at low water mark, on the Westchester
side thereof, to the East river or Sound; then to cross over to
Nassau, or Long Island, to low water mark there, including
Great Barn Island, Little Barn Island and Manning's Island;
then along Nassau or Long Island shore, at low water mark, to
the south side of the Red Hook; then across the North river so
as to include Nutten Island, Bedlow's Island, Bucking Island
and the Oyster Islands, to the west bounds of the state; then
along the west bounds of the state, until it comes directly opposite to the first mentioned creek, and then to the place where
the said boundaries began.
Jurisdiction  SEC. 7. The counties of Kings, Richmond and New York,
waters.  shall, for the purpose of serving all process, civil or criminal,
have concurrent jurisdiction on the waters in the counties of
Kings and Richmond, lying south of the bounds of the county
of New York. (1)
TITLE IV, OF SAME  CHAPTER  AND  PART.
BOUNDARIES OF THE CITY OF NEW YORK.
SEC. 1. The city of NEW YORK contains all that part of this
state comprehended within the bounds of the county of New
York, and is divided into [twenty-two] wards, in the manner
following, that is to say:
(1) Laws 1824, p. 359, sec. 2.




BOUNDARIES OF THE CITY.                      319
1. The First ward shall begin in the middle of Broadway, at Firstward.
a point where it is intersected by the middle of Liberty street,
and runs from the said point of intersection, through the middle
of Liberty street southeasterly to the middle of Miaiden Lane;
then down the middle of Maiden Lane; and from thence in a
straight line running in the same direction across the East river,
to low water mark on Nassau or Long Island; and thence along
Nassau or Long Island shore, at low water mark, to the south
side of Red Hook; and then across Hudson's river, so as to include Nutten Island, Bedlow's Island, Bucking Island, and the
Oyster islands, and all the waters of this State in the bay of New
York, and to the southward thereof, and which are not comprehended in any other county, to low water mark on the west
side of Hudson's river, or so far as the bounds of this state extend; then up along the west side of Hudson's river, at low
water mark, or along the limits of this state, to a place due west
from the middle of the west end of Liberty street; then to the
middle of Liberty-street; then through the middle of Liberty
street to the middle of Broadway, at the place of beginning.
2. The Second ward shall begin at the southeasterly cornerSec"   ward
of the First ward, and run thence along the easterly bounds
thereof, across the East River to the middle of Broadway; then
up the middle of Broadway, to a point opposite the middle of
Chatham street; then through the middle of Chatham street, to
a point opposite to the middle of Spruce (formerly George) street;
then down the middle of Spruce street to the middle of Gold
street; then through the middle of Gold street, to a point opposite to the middle of Ferry street, then through the middle of
Ferry street, in a line running in the same direction across the
East river, to Nassau or Long Island, to low water mark; then
along Nassau or Long Island at low water to the place of beginning.
3. The Third ward shall begin on the west side of Hudson's Third ward.
river, at the northwesterly corner of the First ward, and running
thence due east to the middle of Liberty street; then through
the middle of Liberty street, to the middle of Broadway; then
through the middle of Broadway to a point opposite the middle
of Reade street; then through the middle of Reade street, in a
line running in the same direction across Hudson's river, to low
water mark, on the west side thereof, or so far as the bounds of
the state extend; then down the west side of Hudson's river, at
low water mark, or along the limits of this state, to the place of
beginning.
4. The Fourth ward shall begin at the northerly corner of the Fourthward
Second ward, and run thence through the middle of Chatham
street, to a point opposite to the middle of Catherine street; and
then through the middle of Catherine street, in a line running in




320             ACTS RELATING TO THE CITY OF NEW YORK.
the same direction across the East river, to low water mark, on
Nassau or Long Island; then along Nassau or Long Island shore,
at low water mark, to the bounds of the Second ward; and then
northwesterly along the bounds of the Second ward, to the place
of beginning.
Fifth ward   5. The Fifth ward shall begin at the northwesterly corner of
the Third ward, and run thence along the northerly bounds
thereof, to the middle of Broadway; then through the middle of
Broadway, to the middle of Canal street; then through the middle of Canal street, to Hudson's river; then due west to low
water mark, on the west side of Hudson's river, or so far as the
bounds of this state extend; then down along the west side of
Hudson's river, at low water mark, or along the limits of this
state, to the place of beginning.
Sixth ward.. The Sixth ward shall begin at a point in the middle of
Broadway, where it is intersected by the middle of Canal street,
and run thence through the middle of Canal street, to where it
is intersected by the middle of Collect street; then through the
middle of Collect street, to the middle of Pump street; then
through the middle of Pump street, to the middle of the Bowery
road; then through the middle of the Bowery road to the middle
of Chatham street; then through the middle of Chatham street
to the middle of Broadway; and then through the middle of
Broadway to the place of beginning.
S^evnt    7. The Seventh ward shall begin at the southeasterly corner
of the Fourth ward, and run thence along the easterly boundary
of the Fourth ward, to the middle of Division street; then
through the middle of Division street, to the middle of Grand
street; then through the middle of Grand street, in a line running in the same direction across the East river, to low water
mark on Nassau or Long Island; then along Nassau or Long
Island shore, at low water mark, to the place of beginning.
Eighth ward. 8. The Eighth ward shall begin at the northwesterly corner
of the Fifth ward, and run thence along the northerly bounds of
the said ward, through Canal street to the middle of Broadway;
then through the middle of Broadway to a point opposite to the
middle of Houston street; then through the middle of Houston
street to a point opposite to the middle of Hammersly street;
then through the middle of Hammersly street to Hudson's river;
then due west to low water mark, on the west side of Hudson's
river, or so far as the limits of this state extend; then down
along the west side of Hudson's river, at low water mark, or
along the limits of this state, to the place of beginning.'Ninth ward.
Fifteenth   9. The Ninth ward shall begin at the northwesterly corner of
wad taken the Eighth ward, and run thence along the northerly bounds of




BOUNDARIES OF THE CITY.                       321
the said ward through the middle of Hammersly and Houston
streets, and continuing on through the middle of Houston street
to the middle of the Bowery road; then through the middle of
the Bowery road to a point opposite to the middle of Fourteenth
street; then through the middle of Fourteenth street to Hudson's river; then due west to low water mark on the west side
iof Hudson's river, or so far as the limits of this state extend;
then down along the west side of Iudson's river at low water
mnark, or along the limits of this state, to the place of beginning.
10. The Tenth ward shall begin at a point in the middle ofTenthward.
the Bowery road, opposite to the middle of Division street; then
through the middle of Division street to the middle of Norfolk
street; then through the middle of Norfolk street to the middle
of Rivington street; then through the middle of Rivington street
to the middle of the Bowery road; then through the middle of
the Bowery road to the place of beginning.
11. The Eleventh ward shall begin at the northeasterly corner Elevth
of the Tenth ward, being at the intersection of Norfolk and Riv- [17th ward
ington streets, and run thence through the middle of Rivington takeno.]
street to the middle of the Bowery road; then through the middle
of the Bowery road, to where it is intersected by the middle of
Fourteenth street; then through the middle of Fourteenth street,
in a line running in the same direction, across the East river, to
low water mark on Nassau Island; then along Nassau Island
shore, at low water mark, to a point opposite the middle of the
easterly end of Rivington street; then in a direct line across the
East river, through the middle of Rivington street, to the place
of beginning.
12. The Twelfth ward shall include all that part of the city Twelft
and county of New York, lying to the northward and eastward [16th and
of the middle of Fourteenth street.                         taken of.d
13. The Thirteenth ward shall begin at the northeasterly cor- hiteenth
ner of the Seventh ward, and run thence along the easterly
and northerly line of the said ward, through the middle of
Grand and Division streets, to the middle of Norfolk street;
then through the middle of Norfolk street, to where it is intersected by the middle of Rivington street; then through the
middle of Rivington street, in a line running in the same direction across the East river, to low water mark on Nassau Island;
and then along the shore of said island, at low water mark, to
the place of beginning.
14. The; Fourteenth ward shall begin at a point in the middle Fourteenth
of the Bowery road, where it is intersected by the middle of wr
Pump street; then through the middle of the Bowery road to a
21




322              ACTS RELATING TO THE CITY OF NEW YORK.
point opposite the middle of Houston street; then through the
middle of Houston street to where it is intersected by the middle of Broadway; then through the middle of Broadway to
where it is intersected by the middle of Canal street; and then
through the middle of Canal, Collect and Pump streets, being
along the northerly bounds of the Sixth ward, to the place of
beginning.
wrdth    [15. All that part of the present Ninth ward of the city of
New York which lies easterly of a line running southerly from
the centre of Fourteenth street, through the centre of the Sixth
avenue to the centre of Carmine street; thence southwesterly
through the centre of Carmine street to the centre of Bleecker
street; thence southeasterly through the centre of Bleecker
street to the centre of Hancock street; thence southerly through
the centre of Hancock street to the centre of Houston street, is
hereby constituted and declared to be an additional and separate
ward in the said city, and shall be called the Fifteenth ward of
the city of New York. ()]
Sixteenth    [16. All that part of the present Twelfth ward of the city of
ward taken New York, which lies southerly of a line drawn through the
off.]   centre of Fortieth street, from the North or Hudson river to the
East river or Sound, is hereby constituted and declared to be an
additional and separate ward in the said city, and shall be called
the Sixteenth ward of the city of New York.(2)]
Swardn.   [17. All that part of the present Eleventh ward of the city
of New York, which lies northwesterly of a line drawn fiom
Fourteenth street through the centre of Avenue B, to Houston
street; thence across Houston street to the centre of Clinton
street; and thence through the centre of Clinton street to Rivington street, is hereby constituted and declared to be an additional and separate ward in the said city, and shall be called the
Seventeenth ward of the city of New York.(3)]
Eighteenth   [1S. The Sixteenth ward of the city of New York is hereby
divided by a line running through the centre of the Sixth avenue
from Fourteenth to Fortieth street.
All that portion of the said ward lying westerly of the said
line, shall be known as and constitute the Sixteenth ward of
said city, the portion lying easterly of said line shall hereafter
be known  as, and constitute the Eighteenth ward of said
city.(4)]
(1) Laws of 1832, ch. 66.
(2) Laws of 1836, ch. 49.
(3) Laws of 1837, ch. 16.
(4) Laws of 1846, ch. 16.




SENATE DISTRICTS.                            323
[19. The Twelfth ward of the city of New York is hereby Nineteenth
divided by a running line through the centre of Eighty-sixth r
street, from the East to the North river.
All that portion of said ward laying northerly of the said
line shall be known as, and constitute and remain the Twelfth
ward of said city, and that portion of said ward lying southerly
of said line shall hereafter be known as, and constitute the Nineteenth ward of the said city.(1)]
[20. The Sixteenth ward of the city of New York is hereby Twentieth
divided by a line running through the centre of Twenty-sixth
street.
All that portion of said ward lying southerly of the said line
shall be known as, and constitute and remain the Sixteenth
ward of said city; and that portion of said ward lying northerly
of said line shall hereafter be known as and constitute the
Twentieth ward of said city.(2)]
[21. The Eighteenth ward of the city of New York is hereby Twenty-first
divided by a line running through the centre of Twenty-sixth
street.
All that portion of said ward lying southerly of said line shall
constitute and be known as the Eighteenth ward of said city;
and all that portion of said ward lying northerly of said line,
shall hereafter constitute and be known as the Twenty-first
ward of said city.  [Chaps. 2S2 and 348 of 1853.]
[22. The Nineteenth ward of the city of New York is hereby Twenty-secdivided by a line running through the centre of Sixth avenue
from Fortieth street to Eighty-sixth street.
All that portion of said ward lying easterly of the said line,
shall be known as and constitute and remain the Nineteenth
ward of said city; and that portion of said ward lying westerly
of said line, shall hereafter be known as and shall constitute the
Twenty-second ward of the said city. [Chap. 448 of 1853.]
TITLE II.
OF THE SENATE DISTRICTS.
SEC. 1. The senate districts of this state, from  and aftersenate dis.
the passage of this act, shall consist as follows:            tricts.
4. The fourth senate district shall consist of the first, second,
third, fourth, fifth, sixth, seventh, eighth and fourteenth wards of
the city of New York.
(1) Laws of 1850, ch. 87.
(2) Laws of 1851, ch. 453.




324              ACTS RELATING TO THE CITY OF NEW  YORK.
5. The fifth senate district shall consist of the tenth, eleventh,
thirteenth and seventeenth wards of the city of New York.
6. The sixth senate district shall consist of the ninth, fifteenth,
sixteeenth and eighteenth wards of the city of New York.
7. The seventh senate district shall consist of the twelfth,
nineteenth, twentieth, twenty-first and twenty-second wards of
the city of New York. (1)
TITLE III.
OF THE CONGRESS DISTRICTS.
Number or   SEC. 1. For the election of representatives in Congress of the
United States, this state shall be and is hereby divided into
thirty-one districts, namely:
Districts in   The first, second, third, fourth, fifth, sixth, and eighth wards
New ork. of the city and county of New York, and Governor's Island,
shall compose the fourth district.
The seventh, tenth, thirteenth, and fourteenth wards of the
city and county of New York shall compose the fifth district.
The ninth, fifteenth, and sixteenth wards of the city and
county of New York shall compose the sixth district.
The eleventh and seventeenth wards of the city and county
of New York shall compose the seventh district.
The eighteenth, twentieth, and twenty-first wards of the
city and county of New York shall compose the eighth district.
The twelfth, nineteenth, and twenty-second wards of the city
and county of New York, and Blackwell's, Ward, and Randall's
Islands, shall compose the ninth district. (2)
TITLE IV.
OF THE JUDICIAL DISTRICTS.
SEC. 1. Division of the state into eight judicial districts.
SEC. 1. The state is hereby divided into eight judicial districts, pursuant to the provisions of the fourth section of the
sixth article of the constitution, which districts shall be arranged
as follows:
First.     The first judicial district shall consist of the city and county
of New York.
(1) Laws of 1857, ch. 339.
(2) Laws of 1862, ch. 454.




JURISDICTION OF WATERS.                         325
PART I, CHAP. VII, TITLE I.
OF THE APPORTIONMENT OF THE MEMBERS OF THE LEGISLATURE.
SEC. 2. The number of members of the Assembly of this Apportion.
state, hereafter to be chosen in the several counties thereof, shall mt
be as follows:
In the city and county of New York, seventeen. (1)
SEC. 4. The several boards of supervisors in each of the Distrcts,
aforesaid counties, which are entitled to more than one member scribed.
of assembly, shall assemble on the third Tuesday of June next,
at the place where their next annual meeting is to be held, and
divide their respective counties into assembly districts, equal to
the number of members of assembly to which such counties
are now severally entitled, and shall cause to be filed in the
office of the secretary of state, and the clerks of their respective counties, a description of such assembly districts, specifying
the number of each district and the population thereof. (1)
18t0.-CHAPTER  CLI.
AN ACT relative to the Jurisdiction of certain Waters in the Bay
of New York and the vicinity thereof.-Passed April 5, 1810.
Be it enacted by the People of the State of New York, represented Jurisiction
in Senate and Assembly, That all the waters of this state, in the
bay of New York, and the southward thereof, and not comprehended in the city and county of New York, or in any other
county, shall be and are hereby annexed to the said city and
county, and shall compose part of the same: Provided always,
That the said waters shall not be subject to any ordinance or bylaw of the common council of the city of New York, nor shall
anything in this act contained affect the rights of free fishing,
as now existing, or any private right or privilege in any respect
whatever.
(1) Laws of 1857, ch. 337.




CENTRAL PARK.
1853.-CHAPTER  DCXVI.
AN ACT to alter the map of the City of New York by laying out
thereon a Public Place, and to authorize the taking of the same.Passed July 21, 1853; three-fifths being present.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Boundaries.  SEC. 1. All that piece or parcel of land situate, lying and
being in the Twelfth, Nineteenth and Twenty-second wards of
the city of New York, bounded southerly by Fifty-ninth street,
northerly by One Hundred and Sixth street, easterly by the
Fifth avenue, westerly by Eighth avenue, is hereby declared to
be a public place, in like manner as if the same had been laid
out by the commissioners appointed in and by the act of the
Legislature, entitled " An act relative to improvements touching
the laying out of streets and roads in the city of New York, and
for other purposes," passed April 3, 1807; and the map or plan
Map altered. of said city is hereby altered accordingly.
Authority to  SEC. 2. The mayor, aldermen and commonalty of the city of
land.    New York are hereby authorized to take the said piece of land
for public use, as and for a public square, pursuant to the act
entitled "An act to reduce several laws relating particularly to
the city of New York into one act, passed April 9th, 1813," and
the several acts amendatory thereto, or such portions thereof as
are now in force, so far as the same are applicable to the laying
out and taking of public squares and places in the city of New
York, except as hereinafter provided; and all such portions of
the said act and of the said several acts amendatory thereto, as
are applicable to the laying out and taking of public squares and
places in said city, and as are now in force, shall apply to the
taking and laying out of the piece of land above described as
and for a public square, in the same manner and to the same extent as if the said piece of land had been originally laid down as
and for a public square upon the, map or plan aforesaid of said
city, except as hereinafter provided.
ommission-  SEC. 3. Five persons shall be appointed commissioners of esers  of  estimate and as- timate and assessment, instead of three; and in case of the death,
sessment to
be appointed resignation, disqualification or refusal to act of them, or either of
them, it shall be lawful for the Supreme Court in the first judi



CENTRAL PARK.                              327
cial district, at a general term thereof, on the application of the
said mayor, aldermen and commonalty, and officers, as such event
shall happen, to appoint a discreet and disinterested person, being a citizen of the city of New York, in the place and stead of
such commissioner so dying, resigning or refusing to act.
SEc. 4. In every case of the appointment of commissioners Throecrmnunder this act, it shall be competent and lawful for any three of may act.
said commissioners so to be appointed to perform the trust and
duties of their appointment, and their acts shall be as valid and
effectual as the acts of all the commissioners so to be appointed,
if they had acted therein, would have been; and in every case
the proceedings and decisions of such commissioners, being three
in number, as shall be acting in the premises, shall be as valid
and effectual as if the said commissioners appointed for such purpose had all concurred and joined therein.
SEC. 5. The said commissioners may allow compensation for May allow
any building or buildings upon the said land which may have 
been built, placed or erected thereon after the time of the filing
of the original maps or plan of the said city.
SEC. 6. Payment of the damages awarded by the said com- Damages,
missioners shall be made and become due and payable imme-e p.
diately upon the confirmation of the report of said commissioners in the premises.
SEC. 7. For the payment of so much of the damages awarded Payment of
by the commissioners of estimate and assessment, and the ex- damages.
penses, disbursements and charges in the premises, as shall
exgeed the amounts or sums that may be assessed by the said
commissioners upon the parties and persons, lands and tenements deemed by them benefited by the opening of such public Mayor, &c.
square or place, it shall be lawful for the said mayor, aldermen amout of
and commonalty, to raise the amount of such excess by loan, by excess.
the creation of a public fund or stock, to be called the " Central tTh Cetrat
Park fund," which shall bear an interest not exceeding six per Park kfd."
centum per annum, and shall be redeemable within a period of Whendeemable.
time not exceeding forty-five years after the passage of this act;
and for the payment of which the said piece of land, so as afore- Land pledged
said to be taken, shall be irrevocably pledged.  (As amendedor pay
by chapter 25, Laws of lS57).
SEC. 8. It shall be lawful for the mayor, aldermen and com- Stock.
monalty to determine what shall be the nominal amount or
value of each share of said stock, and of what number of shares
the same shall consist; and they are hereby authorized to sell
and dispose of such shares at public auction, or at private sale,
or by subscription for such stock, and on such terms as they
shall think proper; said stock shall not be sold at less than its
par value.




328              ACTS RELATING TO THE CITY OF NEW YORK.
Mauor, &Oe    SEC. 9. In order to pay the interest on the debt created, on
to raise tax account of the acquisition of lands for the Central Park, the
est, &c.   mayor, recorder and aldermen of the city and county of New
York, as the supervisors thereof, are hereby authorized and empowered to order and cause to be raised by tax on the estates,
real and personal, subject to taxation according to law, within
said city and county, and to be collected in addition to the
ordinary taxes, yearly and every year, until the whole amountS of
the debt be paid, a sum  of money sufficient to pay interest
accruing on the stock heretofore issued, and on the stock issued
after the passage of this amendment, and also the interest accrued
and hereafter to accrue on the several awards, and the mortgages
assumed by the corporation in paying said awards. (As amended
by chapter 25, Laws of 1857.)
Provisions.   SEC. 10. The provisions of the act, entitled "An act to regulate the finances of the city of New York," passed June 8th,
1812, which are not repugnant to or incompatible with any provision in this act contained, shall apply to said stock.
SEC. 11. This act shall take effect immediately.
1857.-CHAPTER DCCLXXI.
AN AClTfor the regulation and government of the Central Park in
the city of New  York.-Passed April 17, 1857, three-fifths
being present.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
oundaries   SEC. 1. SO much of that piece or parcel of land bounded
southerly by Fifty-ninth street; easterly by the Fifth avenue;
northerly by One Hundred and Sixth street; and westerly by
the Eighth avenue, in the city of New York, as has been taken
for a public place, confirmed by an order of the supreme court,
bearing date the fifth day of February, in the year one thousand eight hundred and fifty-six, shall hereafter be known and
entitled as " The Central Park," excepting out of said Central
Park the land belonging to the state of New York, and occupied by and connected with the arsenal, unless the city of New
York shall acquire title thereto.
Control and SEc. 2. The said park shall be under the exclusive control
ment.    and management of a board of commissioners, to consist of not
less than seven nor more than eleven persons, who shall be
named and styled " The Commissioners of the Central Park."
A majority of the said commissioners in office, for the time
being, shall constitute a quorum for the transaction of business,




CENTRAL PARK.                              329
and no action of the board shall be deemed final or binding,
unless it shall have received the approval of a majority of the
said board then in office, whose names shall be recorded in the
minutes.  (As amended by chal. 101, Laws o 1859.)
SEC. 3. The Commissioners of the Central Park now in office, eCmi ssiton
and such person as shall be appointed to fill the existing vacancy ued, &c.
in said board, are hereby continued and constituted the said board
of commissioners. No member of said board shall receive any
compensation for his services, except the president or treasurer;
but each commissioner shall, nevertheless, be entitled to receive
for his personal expenses in visiting and superintending the said
park, a sum  not exceeding three hundred dollars per annum.
In case of a vacancy, the same may be filled by the remaining
members of the board.for the residue of the term then vacant.
(As amended, chap. 101, Laws of 1859, and chap. 88, Laws of
1861.)
SEC. 4. The said board shall have the full and exclusive Poers of
power to govern, manage, and direct the said Central Park; to missioners
lay out and regulate the same; to pass ordinances for the regulation and government thereof; to appoint such engineers, surveyors, clerks, and other officers, except a police force, as may
be necessary; to prescribe and define their respective duties
and authority; fix the amount of their compensation; and,
generally, in regard to said park, they shall possess all the
powers and authority now by law conferred on or possessed by
the common council of said city, in respect to the public squares
and places in said city.
SEC, 5. It shall be a misdemeanor for any commissioner to be, Misdemeanor
directly or indirectly, in any way pecuniarily interested in any
contract or work of any kind whatever connected with said
park; and it shall be the duty of any commissioner or other
person who may have any knowledge or information of the violation of this provision, forthwith to report the same to the
mayor of the city of New York, who shall present the facts of
the case to any two judges of the supreme court of the first judicial district; such judges shall hear in a summary manner
such commissioner in regard thereto, and any evidence he may
offer, and if, after such hearing, they shall be satisfied of the
truth thereof, and shall so certify to the mayor, he shall immediately remove the commissioner thus offending. Every commissioner shall, before entering upon the duties of his office,
take and subscribe the oath prescribed by the constitution of
the state; which oath when subscribed, shall be filed in the
office of the clerk of the city and county of New York. [As
amended by chap. 101, Laws of 1859.]
SEC. 6. The said board shall annually, and in the month ofpAnnat,re
January in each year, make to the common council of the said




330              ACTS IELATING TO THE CITY OF INEW YORK.
city, a full report of their proceedings, and a detailed statement
of all their receipts and expenditures.
Leasing of   SEC. 7. It shall be lawful for the commissioners to let from
ground.   year to year any buildings, and the grounds attached thereto,
belonging to the city of New York, now being within said park,
until the same shall be required for the laying out and regulation thereof, when the said buildings shall be removed, except
such as may be used for the purposes of the park.
Sale of prop-  SEC. 8. it shall be lawful for the said commissioners to sell
erty.    any buildings, improvements and other materials now being
within the said park, being the property o; the city of New
York, which in their judgment shall not be required for the
purposes of the park or for public use, the proceeds of which
shall be deposited to the credit of the commissioners, and devoted to the improvement of the park.
Adoption of  SEC. 9. No plan for the laying out, regulation and governplans.    ment of said park, shall be adopted or undertaken by the commissioners, of which the entire expense, when funded; shall require for the payment of the annual interest thereon a greater
sum than one hundred and twenty-five thousand dollars per anium.  (As amended by chap. 101, Laws of 18-59.)
Publicfund. SEC. 10. The mayor, aldermen and commonalty of the city of
New York, shall from time to time create and issue a public fund
or stock, to be denominated "'The Central Park Improvement
Fund," in such sums of money as shall be required by the said
board of commissioners for the purposes of this act, subject to
the limitations prescribed by the preceding ninth section hereof;
all the provisions of the act entitled " An act to regulate the
finances of the city of New York, passed June eighth, eighteen
hundred and twelve, so far as the same may be applicable, shall
apply to the fund or stock thus created  such stock or fund
Whenre-  shall be redeemable in thirty years from  the issuing thereof;
deemable. and the said park shall be and the same is hereby specifically
pledged for the redemption thereof.
Payment of  SEC. 11. For the payment of the interest upon the said stock'terst.  or fund, the board of supervisors of the city and county of
New York, shall order and cause to be raised, by tax on the
estates, real and personal, subject to taxation, according to law,
within said city and county, and to be collected in addition to
the ordinary taxes, yearly, and every year, until the whole
amount of such fund or stock be paid, a sum of money sufficient to pay the interest annually accruing on said stock or
fund, not exceeding the aforesaid limitation of one hundred and
twenty-five thousand dollars per annum.  (As amended by cha1p.
101, Laws of 1859.)




CENTRAL PARK.                              331
SEc. 12. The moneys raised upon the fund or stock hereby tMoneysto be
authorized shall be deposited as fast as the same shall be realized, by the said mayor, aldermen and commonalty, to the credit
of the said board of commissioners, with the New  York Life
Insurance and  Trust Company, or with  the United States
Trust Company, of New  York, or with a bank or banks, as
either shall be designated by said board; such company, or
bank or banks, shall allow  interest upon such deposits as may
be agreed upon with said board, and shall open and keep an account with said board.  All moneys received by said commissioners shall be immediately deposited with such company or
bank, to the credit of their account, and no money shall be
drawn therefrom  except upon a warrant signed by at least a
majority of the commissioners, and countersigned by;the comptroller of the city, upon filing with him  the receipt or other
vouchers therefor; nor shall such moneys be drawn therefrom
unless the same shall have been specifically authorized by the
said board, at a meeting thereof duly convened and entered at
length upon their minutes.
SEC. 13. It shall be lawful for the said board of commission- lEansge of
ers to agree with the Croton aqueduct board of the city of New
York, for an exchange of lands belonging to the city of New
York, now or hereafter in use for the Croton aqueduct, and lying
within the area bounded southerly by Fifty-ninth street; easterly by the Fifth avenue; northerly by One hundred and Sixth
street; and westerly by the Eighth avenue, in the city of New
York, provided the same quantity of land within the said area
be given in exchange.  Such deeds shall be executed and delivered between the parties hereto, as shall give effect to any
agreement made under this section.
SEC. 14. It shall be lawful for said board of commissioners, at Ordinancs.
any meeting thereof duly convened, to pass such ordinances as
they may deem  necessary for the regulation, use and government of said park, not inconsistent with the ordinances and
regulations of the corporation of New  York; such ordinances
shall immediately upon their passage be published, for ten days,
in three daily newspapers published in said city to be selected
by said commissioners.
SEC. 15. All persons offending against such ordinances, shall violtions.
be deemed guilty of misdemeanor; and be punished on conviction before the mayor, recorder or any magistrate of the city
of New York, by a fine, not exceeding fifty dollars; and in default of payment, by imprisonment not exceeding thirty days.
SEC. 16. This act shall take effect immediately.




332              ACTS RELATING TO THE CITY OF NEW YORK.
1859.-CHAPTER  CI.
AN  ACT to alter the map of the city of New  York, by laying out
thereon a public place, and to authorize the taking of the same.Passed April 2, 1859; three-fifths being present.
Th'e people of the State of New  York, represented in Senate and
Assembly, do enact asfollows:
ertain lands SEC. 1. All that piece or parcel of land situate, lying and
declared to
be a pub:icbeing in the twelfth ward of the city of New  York, bounded
place.    southerly by the southerly side of One Hundred and Sixth
street; northerly by One Hundred and Tenth street; easterly
by the Fifth avenue, and westerly by the Eighth avenue, is
hereby declared to be a public place, in like manner as if the
same had been laid out by the commissioners appointed in and
by the act of the legislature of the state of New York, entitled
"An act relative to improvements touching the laying out of
streets and roads in the city of New  York, and for other purposes," passed April third, eighteen hundred and seven.
CosmmoCon- SEC. 2. The board of commissioners of the Central Park, for and
tral park  in behalf of the mayor, aldermen and commonalty of the city
may acquire
title thereto of New York, are authorized to acquire title to the said piece
or parcel of land, for public use, as and for a public square, pursuant to the act entitled " An act to reduce several laws relating
particularly to the city of New York into one act," passed April
ninth, eighteen hundred and eleven, and the several acts amendatory thereto, or such portions thereof as are now in force, so far
as the same are applicable to the laying out and taking of public squares and places in the city of New York (except as hereinafter provided), and all such portions of the said act and of
the said several acts amendatory thereto, as are applicable to
the laying out and taking of public squares and places in said
city, and as are now in force, shall apply to the taking and laying out of the piece of land above described, as and for a public
square, in the same manner and to the same extent as if the said
piece of land had been originally laid down as and for a public
square, upon the map or plan aforesaid, of said city, except as
hereinafter provided.
Bardnofom-  SEC. 3. The said board of commissioners, in the name of the
may present  or, aldermen and commonalty of the city of New York, may
a petition to
supreme present a petition to the supreme court, at any general or speouintm nt'P cial term thereof, held in the first judicial district, praying for
ofcommiso the appointment of commissioners of appraisal; such petition
appraisal. shall be signed by any one of the officers of the said board of
commissioners of the Central Park; and said board of commissioners of the Central Park may do all acts and things in and
about the taking of said piece or parcel of land, and in and




CENTRAL PARK.                               333
about the applying for the appointment of commissioners to
take the same, and all proceedings subsequent thereto, under
and by virtue of the provisions of the last mentioned act,
that the said  mayor, aldermen  and commonalty might or
could do.
SEC. 4. A notice of the presentation of the application to the Notice of
such applicasupreme court, by said board of commissioners, shall be given tion to bo
to the owners, lessees, parties and persons, respectively entitled vertisement
in newspaunto or interested in the lands and premises mentioned in the pors. a
first section of this act, by advertisement in six of the public
newspapers having a large daily circulation in the city of New
York, which shall be published daily, not less than forty days;
such notice shall specify the time and place where and when
an application will be made for appointment of commissioners
of appraisal of the said piece or parcel of land, and the extent
of the land proposed to be taken.
SEC. 5. The said board of commissioners of the Central Park Commission.
may, at the time and place of moving for the appointment of osenames
such commissioners of appraisal, propose to the court the names for alpraisof three suitable persons, and the owners, lessees and parties
and persons respectively entitled unto or interested in said premises may likewise propose the names of three suitable persons
as commissioners of appraisal; and an appeal to the general term
may be taken from the order of the special term appointing the
commissioners of appraisal.
SEC. 6. The said commissioners, to be appointed by the supreme Commissioners  of  apcourt under the provisions of the last mentioned act, may allow praisal may
compensation for any building or buildings upon the said piece agesford
or parcel of land, which may have been built, placed or erected bau,."
thereon, after the time of the filing of the original maps or
plans of said city.
SEC. 7. Payment of the damages awarded by the said commis- Payment of
sioners shall be made and become due and payable immediately whe to beupon the confirmation of the report of the said commissioners
in the premises.
SEC. 8. No person shall be appointed a commissioner of ap- Commissioners not to be
praisal, who shall be an owner of or pecuniarily interested, interested in
directly or indirectly, in land in the city of New York, above estate.
Fortieth street.
SEC. 9. For the payment of so much of the damages awarded Benefits may
by the commissioners of estimate and assessment, and the expenses, disbursements and charges in the premises, as shall
exceed the amounts or sums that may be assessed by the said
commissioners, upon the parties and persons, lands and tenements, deemed by them benefited by the opening of such pub



334              ACTS RELATING TO TIIE CITY OF NEW  YORK.
lic place, it shall be lawful for the said mayor, aldermen and
commonalty to raise the amount of such excess by loan, by the
creation of a public fund or stock, to be called and known as
"the Central Park additional fund," which shall bear an interest
not exceeding six per centum per annum, and shall be redeemable within a period of time not exceeding sixty-five years after the
passage of this act, and for the payment of which the said piece
of land, so as aforesaid to be taken, shall be irrevocably pledged.
tMayelstck.  SEC. 10. It shall be lawful for the said mayor, aldermen and
commonalty to determine what shall be the nominal amount or
value of each share of the said fund or stock, of what number
of shares the same shall consist; and they are hereby authorized
to sell and dispose of such shares at public auction or at private
sale, or by subscription for such stock, and on such terms as
they shall think proper; said stock shall not be sold at less than
its par value.
nterest oe  SEC. 11. In order to pay the interest upon the said stock herestock  to be
aisedby  by authorized, the board of supervisors of the city and county of
New York are hereby authorized and empowered to order and
cause to be raised by tax on the estates, real and personal, subject to taxation according to law, within said city and county,
and to be collected in addition to the ordinary taxes yearly, and
every year, until the whole amount of said stock be paid, a sum
of money sufficient to pay.the interest annually accruing on
said stock.
SEC. 12. The provisions of an act entitled "An act to regulate
the finances of the city of New  York," passed June eighth,
eighteen hundred and twelve, which are repugnant to or incompatible with any provisions in this act contained, are hereby
repealed.
said place to  SEC. 13. The said public place, when taken as hereinbefore probe a part of
the Central vided, shall, with the piece or parcel of land mentioned in the first
park, and be
subjecttothe section of an act entitled " An act for the regulation and governphovisctl of ment of the Central Park in the city of New York;" passed April'187.    seventeenth, eighteen hundred and fifty-seven, form and be "The
Central Park," and shall, as to its laying out, control and management, be subject to all the provisions of said last mentioned
act, and any acts amendatory thereof, or in addition thereto, and
shall be under the exclusive control and management of the
board of commissioners created thereby.
SEC. 14. This act shall take effect immediately.




CENTRAL PARK.                              335
1859. CHAPTER CCCXLV.
AN ACT to incorporate the New York Astronomical Observatory.-Passed April 14, 1859.
The People of the State of INew York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. Luther Bradish, the mayor of the city of New York,
ex-officio, Charles King, Isaac Felris, Horace Webster, Elias
Loomis, Lewis M. Rutherford, 0. M. Mitchell, Charles Davies,
Charles W. Hackley, Gorham W. Abbott, William  H. Aspinwall, Nathan Bishop, Edmund Blunt, James Carson Brevoort,
Peter Cooper, Alexander J. Cotheal,'Benjamin II. Field, Fletcher Harper, Richard M. Hoe, John Jay, John D. Jones, Robert
Lenox Kennedy, Charles M. Leupp, William  S. Mayo, Samuel
L. Mitchell, Elisha E. Morgan, Willard Parker, Alfred Pell,
Henry E. Pierrepont, S. Irenaeus Prime, Charles H. Russell,
Theodore Sedgwick, Lorillard Spencer, Robert L. Stuart,
Thomas Tileston, John Torrey, John David Wolfe, Enoch L.
Fancher, Henry M. Alexander, and such others as they may associate with themselves, are hereby constituted a body corporate and politic forever, by the name of " The New  York
Astronomical Observatory," for the purpose of establishing and
maintaining, in the said city, an astronomical observatory; and
by that name, they and their successors and associates shall be
capable of taking by purchase, grant, devise or otherwise, holding, conveying or otherwise disposing of any real or personal
estate for the purposes of the said corporation; but which
estate, independent of the library, instruments and scientific
collections of the said corporation shall not, at any time, exceed
the annual income of twenty-five thousand dollars.
SEc. 2. The persons named in the first section of this act Proviuional
trustees to
shall be provisional trustees of the said corporation.  As such receive sub
they shall be authorized to receive subscriptions or donations to 
the observatory fund; and to hold, manage, and apply the same
to the purposes of the said corporation.  The said observatory
fund shall be divided into shares of twenty-five dollars each,
transferable only on the books of the said corporation, to be
kept for that purpose; and for which shares certificates shall be
issued to the parties entitled thereto.  The said shares shall, in
all cases, be fully paid up; and being so paid up, the holders
thereof, the subscribers or contributors to the said fund, or the
members of the said corporation, shall not be held as personally
liable for any dues of the said corporation beyond the share or
shares so held by him or her, and already fully paid up, as herein above provided.
SEC. 3. So soon as the said observatory fund shall, by original Trustee"sto
subscriion, accumulation, or otherwise, amount to aum, in elected
subscription, accumulation, or otherwise, amount to a sum, in &o




336              ACTS RELATING TO THE CITY OF NEW YORK.
the judgment of the said provisional trustees, sufficient to justify the commencement of the erection of the necessary buildings,
and the purchase of the proper instruments, for the purposes of
the said observatory, the said provisional trustees shall call a
general meeting of the subscribers and contributors to the said
observatory fund, or holders of a share or shares therein, giving
five days' notice of the time and place of holding the said meeting, to be published in two daily newspapers of the city of New
York, at which meeting an election of twenty-five trustees of
the said corporation shall take place, under the direction and
supervision of three inspectors of election, to be appointed by
the said provisional trustees. At the said election each subscriber or contributor to the said observatory fund, or holder of
a share or shares therein, shall be entitled to. one vote for each
and every share of twenty-five dollars he or she may hold;
which votes may be given either in person or by proxy.  A
plurality of the votes thus given shall, in all cases, constitute a
choice, of which the certificate of the inspectors of election
shall be conclusive evidence. The persons thus elected shall
thereafter be the trustees of the said corporation, to whom
shall be immediately transferred its entire estate, property and
concerns; and the office, powers, and functions of the said provisional trustees shall thenceforth cease and determine..
Trustees to  SEC. 4. The said trustees, elected as provided for in the third
be divided
ito classes. section of this act, shall, immediately after their election, meet
together, and, by lot, divide themselves into five classes of five
members each.  Those of the first class shall hold their offices
respectively for one year; those of the second class for two
years; those of the third class for three years; those of the
fourth class for four years; and those of the fifth class for five
years; and in the several classes until others shall be elected in
their places. At the expiration of the term of office of the first
class, and annually thereafter, an election of five trustees to supply the places of those whose term of office then expires shall
take place, on like notice, under like direction and supervision
of three inspectors of election to be appointed by the trustees
then in office, in like manner, with like effect, and to be certified
as in the election provided for in the third section of this act.
To this end the books of shares in the observatory fund shall be
closed ten days previous to any of the several elections provided
for in this and the third section of this act, and a list of the
shareholders, as they may stand on the said books at that time,
shall be made out and delivered to the inspectors of election,
and shall be conclusive, and the only evidence of the right of
the shareholders to vote at the said elections.  The trustees
elected at the several elections provided for in this section shall
hold their offices respectively for five years, and until others are
elected in their places.




CENTRAL PARK.                              337
SEC. 5. The trustees elected, as provided for in the third and Power of
trustees,
fourth sections of this act, shall have power to fill all vacancies &eoccurring in their own board, between the several elections
herein above provided for; and the person thus chosen to fill a
vacancy shall hold his office for the remaining term of office of
the class into which he is so chosen.  The said trustees elected,
as provided for in the third and fourth sections of this act, shall
have the entire possession, charge and management of the estate,
property and concerns of the said corporation; and, to this end,
shall have power to make all such by-laws, not contrary to law,
as may be proper; and to appoint all such officers, professors
and servants, as they may deem necessary, for the purposes of
the said corporation, and the same to remove and appoint others.
SEC. 6. At all meetings of the said trustees, duly called, seven Quorum.
members present shall constitute a quorum for the transaction
of ordinary business; but no officer, professor or servant shall
be appointed or removed, nor shall any estate be purchased or
conveyed, without the presence of a majority of all the trustees
of the said corporation.
SEC. 7. The board of commissioners of the Central park in Central
the city of New York, are hereby authorized and empowered to missioners,
allow the said corporation hereby created to establish within the powe of
said park the astronomical observatory contemplated by this
act; and, to that end, the said board of commissioners may
allot, set apart and appropriate suitable and proper grounds
within the said park, in the position and of the dimensions to be
determined by the said board of commissioners, for the erection
and accommodation of the said observatory, and the said corporation shall have free access to and egress from the said grounds
thus allotted, set apart and appropriated for the purpose of
erecting thereon the necessary and proper observatory buildings,
in their dimensions and external architecture to be approved by
the said board of commissioners, and of maintaining therein an
astronomical observatory; and so long as the said corporation
shall continue so to maintain therein such observatory, the
said corporation shall have and enjoy the free and uninterrupted
use and occupation of the said grounds, so allotted, set apart
and appropriated to that object, but for no other purpose whatever, without any rent, assessment or charge for the same; subject always, however, to such reasonable and proper rules and
regulations, as the said board of commissioners, in their arrangement and due administration of the said park, may from time to
time prescribe. But, if at any time hereafter, and for any cause,
the said corporation shall cease so to maintan the said astronomical observatory upon the said grounds thus allotted, set apart
and appropriated for that purpose, and shall discontinue the
same, and so advise the said commissioners by notice in writing
to that effect, the rights and privileges in the said park, hereby
22




338              ACTS RELATING TO THE CITY OF NEW YORK.
authorized to be granted to the said corporation, for the purpose
herein above declared, shall thenceforth cease and determine; and
the said grounds so authorized to be allotted, set apart and appropriated to the use and occupation of the said corporation, for
the purpose herein specified, may be appropriated to any other
use consistent with the general objects and purposes of the said
park; but in such case, the said corporation shall have the
right, and shall be permitted to remove from the said grounds
all its property. The evidence of the allotment, setting apart
and appropriation by the said board of commissioners of the
Central park, to the said corporation, of suitable and (1) and proper grounds within the said park, for the establishment and
maintaining thereon an astronomical observatory, as authorized
and provided for herein above, shall be a resolution, to that
effect, passed by the said board of commissioners, at a meeting
thereof duly called, a copy of which, signed and acknowledged
by the president and secretary of the said board, to be recovered in the office of the register of the city and county of New
York.
Trustees,    SEC. 8. The said corporation shall possess the general powers,
privileges  rights and privileges, and be subject to the liabilities and provisions contained in the eighteenth chapter of the first part of
the Revised Statutes, so far as the same are applicable, and have
not been repealed or modified by this act.
SEC. 9. This act shall take effect immediately.
18l59. —CHAPTER CCCXLIX.
AN ACT to amend an act, entitled " An Actfor the regulation
and government of the Central Park, in the city of New York
-(passed April 17, 1857)-andfitrther to providefor the maintenance and government of said park.-Passed April 15, 1859,
three-fifths being present.
The People of the State of New York, represented in Senate and
Assembly, do enact asfollows:
SECTIONS 1, 2, 3, 4 and 5 are incorporated in the act amended.
Moneys.    SEC. 6. The moneys mentioned in the twelfth section of the
said act hereby amended, may be drawn from the bank in which
they may be deposited, by warrants, signed by a majority of
said commissioners in office, and all receipts and vouchers shall
be filed in the office of said board.
(1) So in original




CENTRAL PARK.                              339
SEC. 7. None of the said commissioners, nor any person, wheth- ebt not to
er in the employ of said commissioners or otherwise, shall
have the power to create any debt, obligation, claim or liability
for or on account of said board, or the moneys or property under
its control, except with the express authority of said board, conferred at a meeting thereof duly convened and held.
SEC. 8. Such portions of the act hereby amended as are inconsistent with the provisions of this act, are hereby repealed.
SEC. 9. The office of either of said commissioners who shall A"bse  of
not attend the meetings of the board for three successive months, sioners.
after having been duly notified of said meetings, without reasons satisfactory to said board, or without leave of absence from
said board, may by said board be declared vacant.
SEC. 10. Real and personal property may be granted, devised, Rea ao
bequeathed or conveyed to the mayor, aldermen and common- property.
alty of the city of New York, for the purposes of the improvement or ornamentation of the Central Park in said city, or for
the establishment or maintenance, within the limits of said
Central park, of museums, zoological or other gardens, collections of natural history, observatories'or works of art, upon such
trusts and conditions as may be prescribed by the grantors or
donors thereof, and agreed to by the said mayor, aldermen and
commonalty; and all property so devised, granted, bequeathed
or conveyed, and the rents, issues, profits and income thereof,
shall be subject to the exclusive management, direction and
control of the said board of commissioners of the Central park.
SEC. 11. This act shall take effect immediately.
1860.-CHAPTER LXXXV.
A14  ACT for the Construction, Regulation, Maintenance, and Government of the Central Park, in the city of New York, and to provide. additional means therefor.-Passed March 19, 1860; threefifths being present.
The People of the State of New York, represented in Senate and
Assembly, do enact asJbllows:
SEC. 1. The mayor, aldermenr  and commonalty of the city DUty of
of New York shall hereafter, from time to time, as required by aldermen
the board of commissioners of the Central park, to create and monalty.
issue a public fund or stock, for the purpose of providing means
for the laying out, construction, government, improvement, and




340              ACTS RELATING TO THE CITY OF NEW YORK.
regulation of the Central park, in the city of New York, to be
denominated "The Central Park Improvement Fund," for a
sum, the annual interest of which shall not exceed one hundred
and fifty thousand dollars; but not more than one-third of the
stock hereby authorized shall be issued in any one year from the
date of the passage of this act. All the provisions of the act
entitled " An act to regulate the finances of the city of New
York," passed June eighth, eighteen hundred and twelve, so far
as the same may be applicable, shall apply to the stock or fund
thus created; such stock or fund shall be redeemable in thirty
years from the issuing thereof; and the said park shall be, and
the same is hereby specifically pledged for the redemption
thereof.
shall order   SEC. 2. For the payment of the interest on the said stock or
and cuse  fund, the board of supervisors of the city and county of New
a tax to be
raised to  York shall order and cause to be raised by tax, on the estates,
pay the intereston  real and personal, subject to taxation according to law, within
said stock. said city and county, and to be collected in addition to the ordinary taxes, yearly, and every year, until the whole amount of
such fund or stock be paid, a sum of.money sufficient to pay the
interest annually accruing on said fund or stock, not exceeding
the aforesaid limitation of one hundred and fifty thousand dollars per annum.
rsed to be   SEC. 3. The moneys raised upon the fund or stock hereby
deposited  authorized, and the moneys raised under the fourth section of
with tehe
New York  this act, shall be deposited by the comptroller of the city of New
ance Com- York, as fast as the same shall be realized by the said mayor,
theUnited aldermen and commonalty, to the credit of the said board of
States Trust commissioners, with the New York Life Insurance and Trust
Company, or with the United States Trust Company of New
York, or with such bank or such banks as have been or shall be
designated by said board; such moneys shall be used and appropriated by said board of commissioners for the construction,
improvement, regulation, and government of the said Central
park, and shall be drawn from said bank or company by a warrant signed by at least a majority of commissioners, after the
same shall have been specifically authorized by the said board,
-at a meeting thereof duly convened, and entered at length on
their minutes.  Such company or bank, or banks, shall allow
interest upon such deposits as may be agreed upon with said
board, and shall open and keep an account with said board.
ioners hall  SEC. 4. The said board of commissioners shall, on or before
transmit to the first day of July in each year, transmit to the board of suboard of su- t t     o
etvisars an pervisors of the city and county of New York, an estimate in
estimate    of.
amount of writing of the amount of money, not exceeding in any one year,
money re-    
qurd each the sum of one hundred and fifty thousand dollars, that will be'yar.    required for the maintenance and government of the Central




CENTRAL PARK.                           341
park during the current year; and the said board of supervisors
shall annually raise and collect by tax upon the estates, real and
personal, subject to taxation according to law, within said city
and county, and to be collected in addition to the ordinary
taxes, a sum of money equal to that specified in said estimate.
The said sum of money shall be deposited and drawn in the
manner provided by the third section of this act, and shall be
applied by the said board to the payment of the expenses
of the maintenance and government of the Central park in
said city.
SEC. 5. This act shall take effect immediately.
1860-CHAPTER CCLVI.
AN ACT to incorporate the American Zoological and Botanical
Society.-Passed April 10, IS60  three-fifths being present.
The People of the State of' New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. William  II. Aspinwall, Hamilton Fish, Robert L. ~d corpo.
Stuart, Charles King, Alexander W. Bradford, Benjamin H.
Field, William Ii. Appleton, Frederick Prime, William P. Lee,
Frank Moore, Augustus Schell, John D. Clute, B. R. Winthrop,
George Opdyke, Henry Delafield, Archibald Russell, Frederick
De Peyster, James W. Beekman, Henry Grinnell, Frederick G.
Foster, Wilson G. Hunt, Robert J. Dillon, Luther R. Marsh,
John C. T. Smidt, T. Bailey Myers, William Caldwell, George
H. Moore, John P. Crosby, Cyrus W. Field, R. O. Doremus,
Matthew Morgan, George Folsom, Watts Sherman, John Jay,
Shepherd Knapp, Parke Godwin, John Paine, C. N. Bovee,
Charles Tracey, Charles Butler, William S. Mayo, Hiram Barney, Charles M. Connolly, J. Winthrop Chanler, F. L. Olmstead, B. W. Bonney, and all who are now, or may hereafter
become associates for the purposes of this act, and their successors, are hereby constituted a body corporate by the name
of the " American Zoological and Botanical Society," for the
purpose of establishing a " zoological and botanical garden,"
in the city of New York, and otherwise promoting the science
of natural history.
SEC. 2. For the purposes aforesaid, the said society shall pos- oWesges
sess the general powers and privileges, and be subject to the and libiligeneral liabilities contained in the third title of the eighteenth
chapter of the first part of the Revised Statutes, so far as the
same may be applicable, and may not have been modified or
repealed.




342               ACTS RELATING TO THE CITY OF NEW YORK.
Organiatin   SEC. 3. The said associates, or a majority of them, shall meet
within two months after the passage of this act, and organize
the said society by the election of officers and the adoption
of by-laws, for which purposes they may hold adjourned meetings from time to time until such organization shall be completed.
olcietr.f    SEC. 4. The officers of said society shall be a president, five
vice-presidents, a corresponding secretary, a recording secretary,
a treasurer, a librarian, twenty-one councillors, and such other
officers as may be provided by the by-laws; all of which said
officers shall be elected annually, except the, councillors. Immediately after the first election of councillors, they shall be
divided, by lot, into three classes of seven, each; one of which
classes shall hold office for one year, another for two years, and
another for three years.  At each subsequent election, only
seven councillors shall be chosen, who shall hold office for three
years. The secretary of state,, the. superintendent of public
instruction, the president of the state agricultural society, the
mayor of the city of New York, the president of the board of
education of the city of New York, the president of the board
of commissioners of the Central park, the presidents of the
board of aldermen and of the board of councilmen of the city
of New York, shall be, ex officio, members of the council of
said society.
Qualifiation   SEC. 5. The qualification for membership of said society
ship.    shall consist in the payment of a stock subscription or such
yearly payment as shall be prescribed by the by-laws, and the
members shall not be personally liable for the debts of said
society.
Affairs of    SEC, 6. The property and affairs of said society shall be mansocihty, how       c    l, -        o a  t  oc                   in the
managed.  aged by a council, to consist of all the officers designated in the
fourth section of this act, or a majority of them, subject to
such directions and regulations as shall be- prescribed by the
by-laws.
May form   SEC. 7. The said society, for determining the terms of admiscode of bylaws.    sion of its members, for the government of the society, for
changing and altering the officers, their election and duties, and
for the general regulation and, management of its transactions,
property, business and affairs, shall have power to form a code
of by-laws not inconsistent with the laws of this state or of the
United States, which shall, until modified  or rescinded, be
equally binding as this act upon the said society, its officers and
members; provided that the same shall not be altered or rescinded, except at a regular meeting on previous notice, in writing, given at the preceding regular meeting,




CENTRAL PARK.                              343
SEC. 8. There shall be an annual meeting of the members of Annul
the said society, on the first Monday after the first day of May,
in each year, and such other regular meetings as the by-laws
shall direct.
SEc. 9. The officers of the said society shall be chosen, as wffschoen
provided by the fourth section, at a regular meeting to be de- and term of
signated for that purpose by the by-laws; and the officers chosen
at such regular meeting shall hold their places until others shall
be elected in their stead.
SEC. 10. The said society is hereby authorized to receive sub- ubcrlptio
scriptions, and to issue certificates of shares in their capital.adssreceOstock to the amount of five hundred thousand dollars; but no shares.
dividend shall ever be made to the stockholders beyond the rate
of five per cent. per annum on the capital stock.
SEC. 11. The board of commissioners of the Central park in aTy zestab
the city of New York are hereby authorized and empowered cal and botanical garto allow the said corporation hereby created, to establish within den.
the said park the zoological and botanical garden contemplated
by this act; and, to that end, the said board of commissioners
may allot, set apart, and appropriate suitable and proper grounds
within the said park, in the position, and of the dimensions
to be determined by the said board of commissioners, not
exceeding sixty acres, for the said garden; and the said corporation shall have free access to, and egress from the said grounds
thus allotted, set apart, and appropriated; and so long as the
said corporation shall continue to maintain therein such garden,
the said corporation shall have and enjoy the free and uninterrupted use and occupation of the said grounds so allotted, set
apart, and appropriated to that object, but for no other purpose
whatever, without any rent, assessment, or charge for the same;
which said grounds may be enclosed by the said corporation for
the purposes aforesaid; provided that the said grounds shall
in no case be open, or the collections of said society be exposed
for public exhibition on Sunday; and provided, also, that the
use thereof be made subject to such other conditions, terms
and regulations as shall be mutually agreed upon by the said
board of commissioners and said corporation, and which shall
not thereafter be altered except by the mutual consent of said
board of commissioners and said corporation. Said corporation
may erect upon the lands so set apart such buildings and other
structures as may be necessary for the purpose aforesaid. But
if at any time hereafter, and for any cause, the said corporation
shall cease so to maintain the said garden upon the said grounds
thus allotted, set apart and appropriated for that purpose, and
shall discontinue the same, and so advise the said commissioners
by notice, in writing, to that effect, the rights and privileges in
the said park, hereby authorized to be granted to the said cor



344              ACTS RELATING TO THE CITY OF NEW YORK.
poration for the purpose hereinbefore declared, shall thenceforth
cease and determine; and the said grounds so authorized to be
allotted, set apart and appropriated to the use and occupation
of the said corporation, for the purpose hereinbefore specified,
may be appropriated to any other use consistent with the general objects and purposes of the said park; but, in such case,
the said corporation shall have the right, and shall be permitted
to remove from the said grounds all its property.  The evidence
of the allotment, setting apart any appropriation, by the said
board of commissioners of the Central park, to the said corporation, of suitable and proper grounds within the said park, for
the establishing and maintaining thereon a zoological and botanical garden, as authorized and provided for hereinbefore, shall
be a resolution to that effect passed by said board of commissioners, at a meeting thereof duly called, a copy of which,
signed and acknowledged by the president and secretary of said
board, shall be recorded in the office of the register of the city
and county of New York.
SEC. 12. This act shall take effect immediately.
1861.  CHAPTER LXXXVIII.
AN ACT to amend an act, entitled " An act to amend an act,
entitled' An actfor the regulation and government of the Central Park in the city of New York,' passed April seventeenth,
eighteen hundred and fifty-seven, and farther to provide for the
maintenance and government of said park," passed April fifteenth, eighteen hundred and fifty-nine; and further to provide
for the construction, maintenance and government of the said
park.-Passed March 27, 1861; three-fifths being present.
The People of the State of New  York, represented in Senate
and Assembly, do enact as follows:
Commission- SEC. 1. The commissioners of the Central park now in office shall continue to hold office for five years fiom the expiration of their present term of office, and until others are appointed in their stead, and shall continue to be and constitute the
board  of commissioners of the Central park, and may, at any
time during their continuance in office, fill any vacancies occurring in their number, and shall possess all the rights, powers
and authorities heretofore conferred by any act or acts of the
legislature of this State upon commissioners of the Central
park, or upon the said board.
osistent   ~ 2. So much of the second section of an act, entitled "An
repeaed. act to amend an act, entitled an act for the regulation and gov



CENTRAL PARK.                              345
ernment of the Central park, in the city of New York, passed
April seventeenth, eighteen hundred and fifty-seven, and further
to provide for the maintenance and government of said park,"
passed April fifteenth, eighteen hundred and fifty-nine, as limits
the term of office of the commissioners of the Central park,
therein mentioned, to five years, from the passage of the act
thereby amended, and as provides the mode of filling vacancies
occasioned by expiration of terms of office, and all acts and
parts of acts, inconsistent with this act, are hereby repealed.
~ 3. The said board is hereby authorized to take and hold any MY hold begifts, devises or bequests that may be made to said board, upon
such trusts and conditions as may be prescribed by the donors
or grantors thereof, and agreed to by said board, for the purpose
of embellishing or ornamenting said park, and shall annually
make, in its report, a statement in detail of the condition and
value of all such gifts, devises or bequests, and of the names
of the persons by whom the same are so given, devised or bequeathed.
~ 4. This act shall take effect immediately.
1862.-CHAPTER XLVI.
AN ACT to improve the Central Park in the city of New York.Passed March 25, 1862-three-fifths being present.
The People of the State of New York, represented in Senate and
Assembly, do enact asfollows:
SEC. 1. The commissioners of the Central park in the Muse
city of New York are hereby authorized to set apart and appropriate to the New York Historical Society the building within
said park heretofore known as the New York State Arsenal, together with such grounds adjoining the same as the said commissioners may determine to be necessary and proper for the
purpose of establishing and maintaining therein, by the said society, a museum of antiquities and science, and a gallery of art.
SEC. 2. The expense of arranging and fitting up of the said ExRe,
arsenal building for the use and purpose aforesaid shall be borne ed.
by the said New York Historical Society, and the said society
shall have the right, at its own expense, to add to, enlarge, or,
if need be, to take down the present building and erect another
on the grounds so set apart and appropriated; the plan of such
addition or new building having been first submitted to and
approved by the commissioners of the said park.




346              ACTS RELATING TO THE CITY OF NEW YORK.
tMuseum    SEC. 3. The museum  and gallery contemplated in the first
section of this act, when so established, shall be accessible to
the public, under proper regulations, to be adopted by the said
society, approved by the said commissioners, and not inconsistent with the proper administration and management of the said
park.
Efect of   SEC. 4. The evidence of setting apart and appropriation of
the said arsenal building and grounds within the said park, to the
said New York Historical Society, for the purpose aforesaid, shall
be a resolution to that effect, adopted by the board of said commissioners, duly acknowledged by its president, and recorded in
the office of the register of the city and county of New York.
Period ofits  SEC. 5. If the said New York Historical Society shall so
establish their museum of antiquities and science and gallery of
art, then so long as they shall continue there to maintain the
same, they shall occupy and enjoy the said building and grounds
thus set apart and appropriated to them  for the purpose aforesaid, free from any rent, assessment or charge whatever, therefor;
and if the said society shall at any time hereafter, for any cause,
discontinue their said museum of antiquities and science and
gallery of art, in the said arsenal building or on the said grounds,
then the said arsenal building and any building whatever erected
under the provisions of this act, and the said grounds before
set apart and appropriated, shall revert to the said Central Park,
for the general purposes thereof; but the said society shall in
such case be permitted to remove therefrom the said museum of
antiquities and science and gallery of art, and all its other property.
SEC. 6. The Legislature may at any time alter, repeal, or
amend this act.
SEC. 7. This act shall take effect immediately.




CHAMBER OF COMMERCE.
1861.-CHAPTER CCLI.
AN ACT to amend an act, entitled " An act to remove doubts concerning the corporation of the Chamber of Commerce, and to confirm
the rights and privileges thereof"-passed April 13, 1784.Passed April 15, 1861, three-fifths being present.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. "The chamber of commerce of the state of New
York" shall have power to elect by ballot, in conformity with
the by-laws adopted by the said chamber, a committee to be
known and styled the "arbitration committee of the chamber of
commerce," and shall have power also to appoint a " committee
of appeal;" and the duly elected members of the said chamber,
and all persons claiming by, through or under them, may, under
the limitations, and subject to the restrictions imposed by the
provisions of the statutes of the state of New York, relative to
arbitration, submit to the decision of the committees of arbitration and appeal, as the same may.be constituted by the said
chamber, any controversy existing between them, which might
be the subject of an action, and may agree that a finaljudgment
in a court of record, to be by them designated, shall be rendered
on any award made pursuant to such submission.
SEC. 2. The committees of arbitration and appeal, elected or
appointed as aforesaid, shall possess the same powers, be subject
to the same duties and disabilities, as appertain to arbitrators
by the laws of the state of New York, and awards made by
them must be made, and may be enforced, as therein and thereby directed; and all the provisions contained in title fourteen,
part third, chapter eight, of the Revised Statutes of the State of
New York, and all acts amendatory or in substitution thereof,
shall apply to proceedings had before the said committees of
arbitration and appeal, as if specially incorporated herein: except that the judgment to be rendered, in the manner therein
directed, on any award made by them as aforesaid, that is to
say, by the " committee of arbitration," no appeal from its
action being taken by either party to the controversy, or by the
confirmatory action of the " committee of appeal," shall not be
subject to be removed, reversed, modified, or appealed from by
the parties interested in such submission, as aforesaid.
SEC. 3. This act shall take effect immediately.




CHARITABLE AND BENEVOLENT
INSTITUTIONS.
AMERICAN FEMALE GUARDIAN SOCIETY.
1849.-CHAPTER CCXLIV.
AN ACT to incorporate the American Female Guardian Society.Passed April 6, 1849.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Name.     SEC. 1. From  and after the passage of this act, the association heretofore known as the "American Female Moral Reform  and Guardian Society," may take and shall be known
by the name of the American Female Guardian Society, and
shall continue to enjoy all the rights and be subject to all the
obligations of said association as fully as though the name thereof
had not been changed.
cCrettid   SEC. 2. fary Anne Hawkins, Sarah R. J. Bennett, Rebecca
McComb, Mary Irene Hubbard, Margaret Dye, Phebe L. Osborn, Elizabeth Eaton, Almira C. Loveland, Juliana C. Angell,
Sarah C. Hawkshurst, Phebe Palmer, Mary K. Everts, Eliza C.
Ball, Elizabeth Lane, Mary NI. Kelley, Julia W. Bleecker, Helen
E. Brown, Catherine G. Thorn, and all such persons as now are
members of the association called the "American Female Moral
Reform and Guardian Society," and all who shall become members of the corporation hereby created shall be, and they are
hereby, constituted a body corporate, by the name of the " American Female Guardian Society," whose object and business shall
be, by the publication and diffusion of books, papers and tracts,
and by other moral and religious means, to prevent vice and
moral degradation, and to establish and maintain "Houses of
Industry, and Homes for the relief of friendless, destitute or unprotected females, and for friendless or unprotected children."
Managers.    SEC. 3. There shall be a board of female managers of the said
society who shall select from their number an executive committee of eleven, to conduct the business of the society in the
manner prescribed by the constitution and by-laws of the aforesaid association, as the same now exist, or as the same shall be
adopted or altered by the corporate body hereby constituted;
but the same shall be in accordance with the laws of this state,




AMERICAN FEMALE GUARDIAN SOCIETY.                      349
and such managers shall be elected annually or otherwise as is
or may be prescribed by such constitution and by-laws.
SEC. 4. Said corporation shall have power to purchase and ay blettrt
hold real estate sufficient for the actual occupation and necessary chased
uses of the society, and receive by gift, or devise, in the same
manner and subject to the same restrictions as provided in the
general law for the incorporation of religious and benevolent
associations, and to hold and convey such real estate, and shall
be deemed to be possessed of the rights and to be subject to the
liabilities of corporations according to the provisions of title
third, chapter eighteen, part first of the Revised Statutes, so far
as the same may be applicable: provided however, that the annual income of any real estate belonging to said corporation shall
not exceed the sum of ten thousand dollars.
SEC. 5. The board of managers shall have power to appoint Mattnand
matrons and such other assistants as they may deem necessary may be apin conducting the domestic and internal concerns of their pointed
"House or Houses of Industry and Home for the Friendless;"
to make any by-laws and regulations for the government of their
own proceedings and those of the persons so appointed, and of
other inmates of their house or houses; to govern the children
under their care, and prescribe their course of instruction and
management, to the same extent and with the same rights as
exist in the case of natural guardians.
SEC. 6. In all cases where a child shall have been surrendered Provision
respecting
by its natural or other legal guardians to the care and manage- cildren.
mrent of the society by any instrument or declaration in writing,
it shall be lawful for the said board of managers, at their discretion, to place such child by adoption or at service in some suitable employment, and with some proper person or persons, conformably to the laws of this state in regard to the binding out
of indigent children, provided, that in all such cases the terms Proviso.
of the indenture shall be approved by the commissioners of the
alms-house, or by the surrogate of the city and county of New
York, which approval shall be signified on such indenture by
the signature of such commissioners or surrogate, but in every
such case the requisite provisions shall be inserted in the indenture or contract of binding, to secure the child so bound such
treatment, education or instruction as shall be suitable and
useful to its situation and circumstances in life.
SEC. 7. The children instructed in the school connected with Entitled to
part of school
the houses aforesaid, shall be entitled to draw an annual stipend fund.i
from the public school fund, according to the average number
in attendance, in the same manner as do the children of other
benevolent ayslums, and the public schools of this state.




350              ACTS RELATING TO THE CITY OF NEW YORK.
Mothers, e SEC. 8. In case of the death orlegal incapacity of a father, or
whend                 legal
ed legal his abandoning and neglecting to provide for his family, the
mother shall be deemed the legal guardian of her children, for
the purpose of making such surrender as aforesaid; and in all
cases where it is not known that there is within the state any
person legally authorized to act in the premises, the mayor, almshouse commissioner, or surrogate of New York, shall be, ex-officio, the legal guardians for the like purpose; and such guardianship shall extend, as well to children already in the home of the
said society as to those who may be hereafter offered for admission or received therein; and in either case, whether such surrender be made by the mother, or by the mayor, almshouse commissioner, or surrogate of said city, and whether before or after
admission into the said home, it shall be deemed a legal surrender, for the purposes, and within the true intent and meaning of
the fifth section of this act, but no surrender by a mother as provided by this section, shall be valid without the consent of the
mayor of the city, or surrogate of the city and county of New
York.
Board of    SEC. 9. There shall be a board of counsellors, consisting of
eleven male members, whose duty it shall be to advise the board
of managers of said society, from time to time, in regard to the
business of the association. Five counsellors shall be a quorum
for the transaction of business. No purchase or sale, lease or
mortgage of real estate, shall be taken by said corporation, without the approval of a majority of the board of counsellors, duly
certified by the secretary of said board.
First Board.  SEC. 10. Stephen H. Tyng, William W. Evarts, Edmund S.
Janes, George 1. Cheever, Joseph B. Collins, John B. Graham,
Lewis Tappen, Amos B. Eaton, Albon P. Man, Francis Schoals,
Charles W. Hawkins, shall compose the first board of counsellors, and shall act until the next annual meeting of said association or corporate body, and until their successors shall be elected. Such board of counsellors shall be elected annually, at the
annual meeting of said society, or in such other manner as shall
be prescribed by the association. Conveyances of real estate
shall be executed by a majority of the board of counsellors.
Right to   SEC. 11. The Legislature may at anytime alter or repeal this
repeal.   act.
SEC. 12. This act shall take effect immediately.




AMERICAN FEMALE GUARDIAN SOCIETY.                    351
1857.-CHAPTER CCXLIX.
AN ACT to amend an. act, entitled "An act to incorporate the
American Female Guardian Society," passed April sixth, eighteen
hundred andforty-ninc.-Passed April 3, 1857.
Thie People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. Whenever any girl under the age of fourteen, or Vagrant
boy under the age of ten years, shall be brought by any policeman of the city of New York, before the mayor or recorder, or
any alderman or other magistrate of the said city, upon the allegation that such child was found in any street, highway or
public place in said city, in the circumstances of destitution
and suffering, or abandonment, exposure or neglect, or of beggary, specified and defined in the eighteenth section of the act
entitled " An act relative to the powers of the common council
of the city of New York, and the police and criminal courts of
said city," passed January twenty-third, eighteen hundred and
thirty-three, and it shall be proved to the satisfaction of such
magistrate, by competent testimony, that such child is embraced
within the said section, and it shall further appear to the satisfaction of such magistrate, by competent testimony, or by the
examination of the child, that by reason of the neglect, habitual
drunkenness, or other vicious habits of the parents or lawful
guardian of such child, it is a proper object for the care and instruction of this society, such magistrate, instead of committing
such child to the alms-house of said city, or to such other place,
if any, as may have been provided by the common council
thereof, in his discretion, by warrant in writing, under his hand,
may commit such child to this society, to be and remain under
the guardianship of its managers, until therefrom discharged in
manner prescribed by law, such commitment shall be by warrant, in substance as follows:
To J-    D, one of the policemen of the city of New Form of
York; you are hereby commanded to take charge of C          -  -em't
E -., a child under the age of fourteen, who has been proved
to me, by competent evidence, to be embraced within the eighteenth section of the act entitled " An act relative to the powers
of the common council of the city of New York, and the police
and criminal courts of said city," approved January twentythird, eighteen hundred and thirty-three, and who also appears
to my satisfaction to be a proper object for the care and instruction of the managers of the American Female Guardian Society,
and shall deliver the said child without delay to the same society,
in Thirtieth street, between Madison and Fourth avenue; and
for so doing this shall be your sufficient warrant.
Dated this      day of       eighteen hundred




352              ACTS RELATING TO THE CITY OF NEW YORK.
But no variance from the preceding form shall be deemed material, provided it sufficiently appear upon the face of the warrant
that the child is committed by the magistrate in the exercise of
the powers given him by this act.
Orders to be
executed by  SEC. 2. Any order so made by any such magistrate, shall be
policemen executed by any policeman to whom it shall be delivered by the
magistrate, by conveying the child therein named to the Home
for the Friendless, and such child shall be detained in said home
until discharged or removed therefrom in the manner hereinafter
provided.
Duty ofat   SEC. 3. Immediately upon the making of any such order, the
magistrate making the same shall deliver to a policeman of the
city, a notice, in writing, addressed to the father of such child,
if its father be living and resident within the city, and if not,
then to its mother, if she be living and so resident; and if there
be no father or mother of such child resident within the city,
then addressed to the lawful guardian of such child, if any, or
to the person with whom, according to the examination of the
child, and the testimony, if any, received by such magistrate,
such child shall reside; in which notice the party to whom the
same is addressed shall be informed of the commitment of such
child to the said society, and shall be notified that unless taken
therefiom in the manner prescribed by law, within ten days after
the service of such notice, the child therein named shall be
deemed legally surrendered to the society, for the purposes and
within the true intent and meaning of the sixth section of its act
of incorporation, passed April sixth, eighteen hundred and fortynine.
Notices,    SEC. 4. Such notice shall be served by the policeman to whom
it shall be delivered, by delivering the same to the party to whom
it shall have been addressed, personally, or by leaving it with
some person of sufficient age, at the place of residence or business of such party; and it shall be the duty of such policeman
immediately to report the fact, and the time and manner of such
service, to the magistrate.
SEC. 5. If the party to whom such notice shall have been addressed, or any other person, shall, within the time therein specified, prove to the satisfaction of the magistrate issuing the same,
that the circumstances of want and suffering, or other circumstances described in the eighteenth section of the before-named
act, passed January third, eighteen hundred and thirty-three,
under which such child shall have been found, have not been
occasioned by the habitual neglect or misconduct of the parents
urther  or lawful guardian of such child, then it shall be the duty of
duty of
magistrate. such magistrate, by order in writing, addressed to the managers
of the said society, to direct such managers to deliver such child




AMERICAN FEMALE GUARDIAN SOCIETY.                      353
to the custody of the party named in such order, who shall
thereupon be entitled to take such child away from the said
society.
SEC. 6. If such proof shall not be produced within the time above proof.
prescribed, it shall be the duty of the magistrate by whom the
child shall have been committed to the said society, to make
and transmit to the managers thereof a notice, in writing, to
that effect.
SEC. 7. If any child who has been previously arrested, and de- Final order
livered to the parent or guardian, as hereinbefore provided, shall
again be found in either of the conditions described in the
eighteenth section of the act aforesaid, the magistrate before
whom such child is brought, upon proof thereof, may forthwith
make a final order for committing such child to the care and
instruction of this society, without giving the notice provided
for in section third of this act.
SEC. S. If at any time after a child shall have been commit- ments for in.
ted to the said society, as above provided for in this act, it shall aui.ent
be made to appear to the satisfaction of the board of managers
of the said society, that such child was on insufficient cause,
false or deficient testimony, or otherwise, wrongfully or improvidently so committed, the said board of managers shall, on
the application of the parents, guardian or protector; and also,
if after a child shall have been properly committed to the said
society, by virtue and in pursuance of the provisions of this act,
any circumstances should occur, that in the judgment of the
board of managers of said home, would render expedient and
proper the discharge of such child from the guardianship of said
board, having a due regard for the welfare of such child and the
purpose of this society, the said board of managers, on the application of the parents, guardian or protector of such child,
may, in their discretion, deliver up the child to its parents, guardian or protector, on such reasonable conditions as the said
board of managers may deem right and proper.
SEC. 9. The said managers shall have power, and it shall be Powers and
their duty, whenever any child entrusted or committed to their managers.
charge, shall, by the commission of any infamous crime, or by
confirmed habits of vagrancy, have become so degraded and debased as to be an improper subject for their care and management, to return such child to the committing magistrate, or
other proper authorities, to be disposed of in due course of law.
SEC. 10. If any party to whom the said guardian society shall violation o
indentures.
have entrusted a child shall be guilty of any cruelty, misusage,
refusal or neglect to furnish necessary provisions or clothing,
or any other violation of the terms of indenture or contract,
23




354              ACTS RELATING TO THE CITY OF NEW YORK.
towards any such child so indentured, such child may make
complaint thereof to the board of managers of this society, or
to any justice of the peace of the county in which such child
is so indentured, or to the mayor, recorder or aldermen of any
city in which such child is bound to service, or to any such officer, who shall summon the parties before him and examine into,
hear and determine the said complaint; and if upon such examination the said complaint shall appear well founded, such officer shall, by certificate under his hand, discharge such child
from his obligation of service, and restore him or her to the
charge and management of this society, in the same manner and
with like powers as before the indenture of such child.
Duty o    SEC. 11. Where children are indentured, the guardian may
be required, after said children shall have attained the age of
twelve years, to place annually in the treasury of the American
Female Society the sum of ten dollars, which shall be the legal
Amount to property of such children. If a girl, the aggregate, making
be paid.                                 g                        n
sixty dollars, shall be paid to her when she has attained the age
of eighteen years; and if a boy, the annual payment, making
ninety dollars, shall be paid to him when twenty-one years of
age; these respective sums shall be duly credited to said children,
upon the books of the society, and receipts of the respective payments placed in the hands of the guardian for safe keeping.
Duty of   SEC. 12. The board of managers of this society shall be the
guardians of every child indentured by virtue and in pursuance
of the provisions of this act. They shall take care that the
terms of the contract be faithfully fulfilled, and that such ward
be properly treated; and it is hereby made their special duty
to inquire into the treatment of every such child, and redress
any grievance in manner prescribed by law; and it shall be the
duty of the guardian to whom any such child be indentured, and
he shall, by the terms of the indenture, be required, as often
as once in six months, to report to the said board of managers,
the conduct and behavior of the said apprentice and anything of
special interest pertaining to his welfare.
COOPER INSTITUTE.
1859.-CHAPTER CCLXXIX.
An Act to amend an act passed February 17th, 1857, entitled
an "An act to enable Peter Cooper to found a scientific institutio  in the city of New York," and also to amend the act
passed March 21st, 1857, entitled " An act to amend the act
entitled' An act to enable Peter Cooper to found a scientific




COOPER INSTITUTE.                            355
institution in the city of New  York,'" passed February 17,
1857.-Passed April 13, 1S59; three-fifths being present.
The People of the State of New York, represented in  Senate
and Assembly, do enact as follows *
SEC. 1. The  act passed February seventeenth, eighteen Act
hundred and fifty-seven, entitled "An  act to  enable  Peter
Cooper to found a scientific institution in the city of New
York;" and also the act passed March twenty-first, eighteen
hundred and fifty-seven, entitled " An act to amend the act, entitled' An act to enable Peter Cooper to found a scientific institution in the city of New York,'" passed February 17th, 1S57,
are hereby amended so that the same shall read as follows:
SEC. 2. Peter Cooper, of the city of New  York, is hereby Bloofyb
authorized to convey to the body corporate hereinafter created, conveyed
that certain block of land situate in the said city, and bounded
northerly by Astor place, easterly by the Third avenue, southerly by Seventh street, and westerly by the Fourth avenue, with
the edifice thereon erected, and all and singular the tenements,
hereditaments and appurtenances thereunto belonging, or in any
wise appertaiinng, for the purpose of founding and establishing
apublic institution in said city for the advancement of science,
art, philosophy and letters, for procuring and maintaining scientific and  historical collections, collections of chemical and
philosophical apparatus, mechanical and artistic models, books,
drawing, pictures and statues, and for cultivating other means
of instruction to, for and upon the uses, intents and purposes,
and upon the trusts, and subject to the conditions and restrictions contained in the deed, which shall correspond in form to
the following, that is to say:
This indenture, made and entered into the -        day of     orm of
in the year one thousand eight hundred and fifty-nine, by and
between Peter Cooper, of the city, county and state of New
York, and Sarah, his wife, parties hereto of the first part, and
"The Cooper Union for the advancement of Science and Art,"
a corporation created by and existing under the laws of the
State of New York, party hereto of the second part, witnesseth
that the said parties hereto of the first part, for and in consideration of the sum of one dollar, lawful money of the United States,
to them in hand paid by the said party hereto of the second
part, at or before the ensealing and delivery of these presents,
the receipt whereof is hereby acknowledged, and of other good
considerations them thereunto moving, have granted, bargained,
sold, aliened, remised, released, and forever conveyed and confirmed, and by these presents do grant, bargain, sell, alien,
remise, release, convey and confirm unto the said party of the
second part, and to its successors forever, all and singular, the




356             ACTS RELATING TO THE CITY OF NEW YORK.
block of ground situate, lying, and being in the city, county and
state aforesaid, and bounded southerly by Astor place, westerly
by Third avenue, northerly by Seventh street, and easterly by
the Fourth avenue, together with the building thereon erected,
and all and singular the tenements, hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and
the reversion and reversions, remainder and remainders, rents,
issues and profits thereof; and also all the estate, right, title, interest, dower, and right of dower, property, possession, claim
and demand whatsoever, as well in law as in equity, of the said
parties of the first part, of, in or to the above described premises, and every part and parcel thereof, with the appurtenances,
to have and to hold, all and singular, the above mentioned and
described premises, together with the appurtenances unto the
the said party of the second part, and its successors; in trust,
nevertheless, and subject to the following conditions and restrictions to, for and upon the following uses, intents and purposes,
and to, for and upon such other uses, intents and purposes as
are embraced in an act incorporating the party hereto of the
second part, passed by the legislature of the state of New York
the  ~  day of -- in the year —, and entitled "An act to
amend the act, passed February seventeenth, eighteen hundred
and fifty-seven, entitled' An act to enable Peter Cooper to found
a scientific institution in the city of New York;' and also to
amend the act, passed March twenty-first, eighteen hundred and
fifty-seven, entitled' An act to amend the act entitled "An act
to enable Peter Cooper to found a scientific institution in the
city of New York,' passed February seventeenth, eighteen hundred and fifty-seven,'" or as shall be permitted thereby, and by
any acts amendatory thereof; provided only, that such other
uses, interests and purposes shall not contravene or in any way
be inconsistent with or opposed to the following speciallyenumerated restrictions and conditions, uses, intents and purposes, to, for and upon which this conveyance is especially
made, that is to say:
To what to
be deoted.  FIRST. That the above mentioned and described premises,
together with the appurtenances, and the rents, issues, income,
and profits thereof, shall be forever devoted to the instruction
and improvement of the inhabitants of the United States in
practical science and art.
MangeC nt  SECOND. That the management and control of the above
trof rfboasd mentioned and described premises, together with the appurtenances, and of any other property or money at any time
to belong to the party of the second part, and the receipt
and expenditure of the rents, issues, income and profits thereof, shall be forever committed, subject to the conditions and
restrictions herein contained, and to such other conditions
and restrictions as are or shall be contained in the aforesaid




COOPER INSTITUTE.                           357
act of incorporation of the party hereto of the second part, or in
any acts amendatory thereof, to a board of trustees, which shall
consist, at the first, of the following persons, to wit: Peter t   trsCooper, Edward Cooper, Abram S. Hewitt, Daniel F. Tiemann,
Wilson G. Hunt and John E. Parsons; that, upon the death of acancies.
one of the aforesaid trustees who shall first die, the vacancy
in the said board occasioned by his death, shall not be filled;
but that forever after, except as herein especially provided, the
said board of trustees herein above and in the said act of-incorporation provided for, and to whom shall be committed the control and management of the above mentioned and described
premises, with the appurtenances and other property or money,
and the receipt and expenditure of the rents, issues, income and
profits thereof, shall consist of five male persons; that the
five survivors of the said six trustees above named shall constitute the first board of trustees, consisting of five members; that
every succeeding vacancy in said board of trustees shall be filled
by the surviving or remaining trustees, by ballot; that, to elect
any person a trustee, shall require the vote of at least three
trustees for such person; and that the oldest lineal male descendant of Peter Cooper shall be a trustee, ex gratia, unless he be a
trustee by virtue of original appointment herein made, or by
election as herein provided. If such oldest lineal male descend- Nube f
ant of said Peter Cooper be a trustee by virtue of original
appointment made herein, or by election as such trustee, as
herein provided, the number of trustees constituting said board
of trustees shall be five; but if such oldest lineal male descendant of Peter Cooper be not a trustee by virtue of such original
appointment or subsequent election, then, and in such case,
and until another vacancy shall occur in the said board of
trustees by the death or removal of a trustee other than such
oldest lineal male descendant of Peter Cooper, the number of
such trustees shall be six.
THIRD. The members of such board of trustees shall hold holdteofto
their offices as such trustees for life; provided only, that for forlife.
cause any such member may be removed by order of the Supreme
Court of the State of New York, on the application of either of
the trustees, or a majority of the council of the " Associates of
the Cooper Union for the Advancement of Science and Art," on
notice to him of application fo.r such removal; and a trustee
may resign his office, and thereupon he shall cease to be a trustee
upon the election of his successor.
FOURTH. The premises above mentioned and described and dom't how
the appurtenances, including all future endowments made to the
party hereto of the second part, the appropriation of which shall
not be specially provided by the parties making the same, and
all money and property which shall at any time belong to the
party hereto of the second part, and all the rents, income, issues




g3o              ACTS RELATING TO THE CITY OF NEW YORK.
and profits thereof, shall be devoted to and among the following
objects and purposes; the division and appropriation of such
rents, income, issues and profits to and among such objects and
purposes being left discretionary with the board of trustees provided for as aforesaid, and it being left discretionary with such
board when and to what extent they shall carry out any of such
objects and purposes, save and excepting that the course of
instruction on social and political science, hereinafter provided
for, shall have the preference over all the other objects of expenditure specified herein, in case there shall not be means
adequate for them all, and shall forever stand pre-eminent among
them.
1. To regular courses of instruction, at night, free to all who
shall attend the same, under the general regulations of the
trustees, on the application of science to the useful occupations
of life, on social and political science, meaning thereby not
merely the science of political economy, but the science and
philosophy of a just and equitable form of government, based
upon the great fundamental law that nations and men should do
unto each other as they would be done by, and on such other
branches of knowledge as in the opinion of the board of trustees
will tend to improve and elevate working classes in the city of
New York.
2. To the support and maintenance of a free reading room, of
galleries of art, and of scientific collections, designed, in the
opinion of the board of trustees, to improve and instruct those
classes of inhabitants of the city of New York whose occupations
are such as to be calculated, in the opinion of the said board of
trustees, to deprive them of proper recreation and instruction.
3. To provide and maintain a school for the instruction of
respectable females in the arts of design, and, in the discretion
of the board of trustees, to afford to respectable females instruction in such other art or trade as will tend to furnish them suitable employment.
4. As soon as, in the opinion of the board of trustees, the
funds which shall from  time to time be at their disposal will
warrant such an expenditure, such funds shall be appropriated
to the establishment and maintenance of a thorough polytechnic
school; the requirements to admission to which shall be left to
the discretion of the said board of trustees, and shall be specifically determined by them from time to time; and which school
shall, as far as possible, and as soon as possible, be made equal
to the best technological schools now established or hereafter to
be established. Until the funds at the disposal of the board of
trustees shall be sufficient, in the opinion of the said board of
trustees, for the establishment of such polytechnic school, the
said board of trustees may furnish with rooms and accommodations for such school, and may assist in the maintenance thereof,




COOPER INSTITUTE.                             359
the department of public instruction of the city of New York,
the trustees of any college or university, or any other body,
individual or individuals.
5. To provide rooms, in the judgment of the board of trustees,
suitable for the offices of a society to be organized as provided
in the act hereinbefore specially referred to, and to be called
" The Associates of the Cooper Union for the Advancement of
Science and Art," and to furnish to such society, for its general
meetings on one evening in each week, the great hall of the
building, if the council of the said society shall require it so
often.
FIFTH. The above-mentioned and described premises shall be
forever subject to the visitation and examination, at all reasonable hours, of the council of the said society so to be organized
and to be called the " Associates of the Cooper Union for the
Advancement of Science and Art," the terms and conditions of
membership of which shall from time to time be prescribed by
the board of trustees of the party of the second part; which
said society shall make all rules and regulations for its own
conduct and government, subject, however, to the approval of
the board of trustees of the party hereto of the second part, and
shall pay to the said board of trustees, for the general uses, intents and purposes of the corporation hereby created, hereby
and in the said act, and any acts amendatory thereof, provided
or to be provided, all fees received on the initiation into said
society of the members thereof; and the said board of trustees
shall consider such suggestions of the council of the said society
as shall from time to time be communicated to them, and shall
adopt such of them as in their judgment may be practicable and
expedient, and calculated to increase the usefulness of the institution herein contemplated.
SIXTH. Upon the happening of any vacancy in the board of acancies.
trustees above provided for, which is above provided to be filled
by election, unless such vacancy shall be filled as herein provided within one year of the time when such vacancy shall
occur, the same may be filled at any time before it shall be
actually filled by the board of trustees, by the said council of
the said " The Associates of the Cooper Union for the Advancement of Science and Art," by election in such manner as may
be provided by the by-laws of the said society.
SEVENTH. Whenever a vacancy shall occur in the said board Ib., ho
of trustees, to be filled by them by election as above provided,
such election shall be held at a meeting of the said board of
trustees, on and only on previous notice given at and entered in
the minutes of at least one preceding regular meeting of such
board, stating the meeting at which such election shall be held;




360               ACTS RELATING TO THE CITY OF NEW YORK.
and at such meeting, or at any regularly-adjourned meeting from
that meeting, such election shall be held by ballot, and the person first having three of the votes cast shall be the trustee to fill
such vacancy, provided that if such person so elected shall d,cline to act as such trustee, by so declining the vacancy filled
by his election shall be deemed to be again created.
sNeglect   EIGHTH. Neglect by a trustee of his duties as such, indicated
cause for  by his absence, without excuse or permission of the board of
trustees, from  three successive regular meetings of the board,
shall always be a sufficient cause, among others, for the removal
of a trustee.
SlUdlng be   NINTH. In the event of the partial destruction of the building
destroyed, now erected upon the above mentioned and described premises,
new one to
be erected. the injury thereby occasioned shall be repaired by the board of
trustees.  In the event of the entire destruction of said building,
the board of trustees shall, unless as next hereinafter provided,
re-erect a building suitable for the objects and purposes herein
above enumerated, with any funds at their disposal, whenever
such funds shall be sufficient in their opinion for that purpose;
and until the funds at their disposal shall be sufficient for that
purpose, such funds shall be securely invested in the name of
the party hereto of the second part, and the above mentioned
and described premises may be used or disposed of by the board
of trustees for any temporary purpose calculated to yield the
largest income.
b entirly   TENTH. In the event of the entire destruction of the building
destoyd,  erected upon the above mentioned and described premises, the
trustees
may convey board of trustees may, at their option, with the consent of the
premises
and pur- supreme court, sell and convey, and they are hereby empowered
premises.  to sell and convey the said premises with such consent; and with
the proceeds of such sale and conveyance, and any other funds
at their disposal, the said party hereto of the second part shall
purchase such other premises as shall in their judgment be suitable, and shall thereon erect a building suitable for the objects
and purposes hereinbefore enumerated, and to such premises all
the restrictions, provisions and conditions hereof shall apply
with like effect as if said premises were the premises herein
granted and conveyed as aforesaid.
Premises   ELEVENTH. The party hereto of the second part is hereby exmay not be
mortgaged. pressly forbidden ever to mortgage the above mentioned and described premises, or any part thereof.
Pecuniary    TWELFTH. The board of trustees shall not contract any pecumaynot be niarv obligations for any current year, save such as the revecontracted.  "
nues, rents and income of such year, to be at their disposal, with
five thousand dollars, or such smaller sum as will be the differ



COOPER INSTITUTE.                             361
ence between five thousand dollars and the amount of any existing indebtedness at the commencement of such year, if there
be such existing indebtedness, added thereto will suffice to pay;
it being the express intention of this provision that the said party
of the second part shall never be in debt more than five thousand
dollars, excepting only indebtedness incurred for any year in an- Exception.
ticipation of the revenues, rent and income of such year; and T'espetrsst
for any debt incurred beyond the above restriction and limita- l liable
tion, the said corporation shall not be liable; but the trustees
shall be personally liable; provided, that no trustee shall ever
be responsible for or upon any debt, against incurring which
he shall have voted when the board of trustees shall have determined to incur the same, or against incurring which he shall
have made to the board of trustees, and filed with them, a
written remonstrance to incurring such debt at any time before the contract is made by which the same is to be incurred.
THIRTEENTH. Every trustee of the party of the second part Iatters reshall be at all times at liberty, in his discretion, freely to publish stitution
any matter within his knowledge relating to the institution lisaed.
herein contemplated, or to its management in any respect, including any discussions in the board of trustees, and shall fully
disclose the same whenever required either by the supreme
court or by either branch of the legislature. Full minutes shall Minutes to
be kept by the said board of all their proceedings, and the ayes bekept
and noes shall be recorded on any vote, on the request of any
member. Neither the said board of trustees, nor any member Religious
thereof, shall in any way take into account any religious tenet be  taken
or opinion of any professor or teacher, or of any candidate for
any office in said institution, on any appointment to or removal
from such office, nor of any student applying for admission into
said institution or competing for any of its honors or advantages;
nor shall they permit any professor or teacher in said institution
to make any discrimination among its students on account of
their religious tenets or opinions.  And the board of trustees, Information
and each member thereof, shall, at all times, furnish any informa- nished.
tion in respect to their funds, revenues and proceedings, which
the legislature may. require.
In witness whereof, the said parties hereto of the first part
have hereunto set their hands and seals, the day and year first
above written.
In presence of
And to, for and upon such other uses, intents and purposes,
and upon such other trusts, and subject to such other conditions
and restrictions as are hereinafter mentioned.
SEC. 3. Peter Cooper, with Edward Cooper, Abram S Hewitt, ra, C"
Daniel F. Tiemann, Wilson G. Hunt and John E. Parsons, and
their successors, shall be, and hereby are, created and constitut



362              ACTS RELATING TO THE CITY OF NEW YORK.
ed a body corporate, by the name and title of " The Cooper
Union for the Advancement of Science and Art," the corporate
existence of which shall commence when the said Peter Cooper
shall convey to it the block of land and edifice above mentioned,
and shall continue forever.
Powers, nd
privilegos    SEC. 4. The said body corporate shall possess all the powers
and privileges of a corporation, as conferred by the laws of the
State of New York, and as granted by this act.
exerciseby  SEC. 5. The corporate powers and privileges conferred upon,bov me and granted, and to be granted to the corporation hereby createes.    ed, shall be exercised by a board of trustees, which shall consist
at the first of the aforenamed Peter Cooper, Edward Cooper,
Abram  S. Hewitt, Daniel F. Tiemann, Wilson G. Hunit, and
John E. Parsons.  The term  of office of such trustees, the
manner of filling vacancies in the board of trustees, the manner and cause of removal, and the resignation of trustees, and
the liability of trustees, shall be as provided in the aforesaid
deed, mentioned in section two of this act. No member of
said board shall receive any pecuniary compensation for his
services.
Trusts, powrs, Lc.'  SEC. 6. The corporation hereby created is hereby authorized
and empowered to execute the trusts and powers mentioned in
and intended to be created by the aforesaid deed, set forth in
section two of this act; to accept such deed, and to hold the
premises and property therein mentioned, including all endowments at any time to be made to the said corporation, subject
to the conditions and restrictions created in said deed; and to,
for and upon the uses, intents and purposes therein provided,
and for the purposes and to the extent provided in the said deed,
the said trusts, powers, conditions, restrictions, uses, intents and
purposes are and shall be valid and effectual, and shall attach to
the said premises and property.
utis of   SEC. 7. The corporation hereby created, and the board of
trustees thereof, are hereby authorized and empowered to do
and perform all and every act and thing whatever, and to carry
out and accomplish all and every trust, intent and purpose provided to be done, carried out or accomplished, in and by the
aforesaid deed, in respect to the said corporation or board of
trustees; and the said corporation is hereby also authorized and
empowered to receive all and every endowments made to it,
and to appropriate the same to the uses, intents and purposes
contemplated herein and in the said deed.
May  associate with   SEC. 8. The trustees of the corporation hereby created may
theselves at any time associate with themselves such persons as they shall
persons.




COOPER INSTITUTE.                            363
see fit, as members of the corporation hereby created, and with
such persons organize a society with the style and title of " The
Associates of the Cooper Union for the Advancement of Science
and Art," the objects and purposes of which shall be the encouragement of science, arts, manufactures and commerce; the
bestowal of rewards for such productions, inventions and improvements as tend to the useful employment of the poor, the
increase of trade and the riches and honor of the country; for
meritorious works in the various departments of the fine arts;
for discoveries, inventions and improvements; and, generally,
by lectures, papers and discussions thereon, and other suitable
means, to assist in the advancement, development and practical
application of every department of science in connection with
the arts, manufactures and commerce of the country. The said
society shall consist of the said associates, the graduates of the
institution, hereby incorporated, whose diplomas may include
such rights and privilege, and of such other persons as from
time to time shall be elected members thereof, always including
the members of the board of trustees of " The Cooper Union for
the Advancement of Science and Art," and all the members of
the said society shall, while members thereof, be members of
the corporation hereby created. The said board of trustees condition
shall, from time to time, prescribe the conditions and terms ofaemtbershi
membership of the said society, which, subject to the approval
of said board of trustees, shall make all rules and regulations for
its own conduct and government, pass its own by-laws, and prescribe the duties and powers and annual dues of its members and
officers, and which said society shall elect its own officers and members, and shall, from its members, annually elect a council, consisting of at least twenty-four members of said society, which
said council is hereby authorized and empowered to do and perform all and every act and thing whatsoever, by it provided to
be done and performed, in and by the said deed. The said society shall be inseparably connected with the " Cooper Union
for the Advancement of Science and Art," the trustees whereof
shall be entitled and are hereby permitted to receive, and in
whom  shall vest all property whatsoever, which shall in any
way be acquired by, or at any time be granted, conveyed, assigned, devised or bequeathed to the said society, save only the
current receipts thereof, which property shall be held by the
said trustees, but in trust, however, for the corporation hereby
created; and which said property, so long as the same shall be
so held in trust, may at any time be sold or disposed of by the
said corporation, on the consent of the council of the said society, and of the trustees of the said corporation.
SEc. 9. The trustees of the corporation hereby created, maay cornfer
confer degrees and diplomas for proficiency in science, arts, philosophy or letters.




364              ACTS RELATING TO THE CITY OF NEW YORK.
Aonnal a b   SEC. 10. The trustees of the corporation hereby created shall,
rendered.  in the month of January, render an annual account, under oath,
of all their receipts and expenditures, to the common council
of the city of New York, the " Associates of the Cooper Union
for the advancement of Science and Art," and to the Legislature
of the state.
Ntaxat    SEC. 11. The premises and property mentioned in the said
deed, and which shall at any time belong to or be held in trust
by the corporation hereby created, or the trustees thereof, including all endowments made to it, shall not, nor shall any part
thereof, be subject to taxation while the same shall be appropriated to the uses, intents and purposes hereby and in the said
deed provided for.
power may  SEC. 12. The supreme court shall possess and exercise a
e exercie supervisory power over the corporation hereby created, and may
by supreme U         ow   o       r            hy                   y
"curt.   at any time, on reasonable notice of application thereof to the
board of trustees, compel from the trustees, collectively or individually, a full account of the execution of their trust; and the
trustees shall at any time render a like full account of the execution of their trust, on the request of either branch of the Legislature.
SEC. 13. All provisions of the act hereby amended, not here-'
by re-enacted, are hereby repealed.
SEC. 14. This act shall take effect immediately.
INSTITUTION FOR  THE BLIND.
1831.-CHAPTER. CCXIV.
AN ACT to incorporate the New York Institutionfor the Blind.Passed April 21, 1831.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Corporation   SEC. 1. All such persons as now  are, or hereafter may become members of the said institution, shall be, and are hereby
constituted and appointed a body corporate and politic, in fact
and in name, by the name and style of " The New York Institution for the Blind," for the purpose of instructing children
who have been born blind, or who may have become blind by
disease or accident; and by that name, they and their successors
shall and may have succession, and shall be in law capable of




INSTITUTION FOR THE BLIND.                       365
suing and being sued, pleading and being impleadec, defending
and being defended, in all courts and places whatsoever, in all
manner of actions, suits, matters, complaints and causes whatsoever; and that they and their successors may have and use a
common seal, and may change and alter the same at their pleasure; and also, they and their successors, by the name and style
of " The New York Institution for the Blind," shall be capable
in law of purchasing, holding and conveying, any real and personal estate, for the purposes of this incorporation and none
other, which at any time shall not exceed the annual income of
ten thousand dollars.
SEC. 2. For the better carrying into effect the object of the Manage
said incorporation, there shall be annually elected twenty persons, who shall constitute a board of managers, and have power
to conduct and manage all its concerns; the managers to be
elected by ballot at an annual meeting of the members of the
society; to hold their office for one year, or until others be
elected in their place; the said election to be held at such times
and places as the said corporation shall, by their by-laws, from
time to time appoint and direct; the aforesaid managers shall be
elected by a majority of the members present at such election,
and in case of any vacancy or vacancies in the said board of
managers, by death, resignation or otherwise, then the said board
shall have power to fill such vacancy or vacancies until the next
annual election.
SEC. 3. The board of managers shall, as soon after the an- adother
nual election as may be convenient, proceed to elect by ballot ofcers.
from among their own number, a president, a vice president, a
treasurer and two secretaries, who shall serve for one year, or
until others be elected in their room; and the following persons
shall be the first officers and managers, to wit: Samuel Akerly,
president; Heman Averill, vice president; Curtis Bolton, treasurer; James Donaldson, corresponding secretary; Henry K.
Bogert, recording secretary; and Henry Remsen, John R. Stuyvesant, Thompson Price, Morris Ketchum, Sylvanus Miiller,
William  B. Crosby, Gideon Lee, Hiram  Ketchum, Samuel
Wood, Thomas W. Jenkins, Henry Thomas, Rufus L. Nevins,
Joseph D. Beers, Samuel F. Mott, and Mathew C. Patterson,
shall be the first managers.
SEC. 4. The board of mianagers so elected as aforesaid, shall By-aws
have full power to make such by-laws as may from time to time
be necessary, relative to the management, disposition of the
estate and concerns of the said corporation, and regulation of the
persons exercising the offices aforesaid, not contrary to law, and
may appoint such other agents and servants as may be deemed
necessary to transact the business of the said corporation, and
designate their duties.




366              ACTS RELATING TO THE CITY OF NEW YORK.
Duration of   SEC. 5. This act shall continue and be in force until the first
act.
day of May, in the year of our Lord, one thousand eight hundred and fifty-two; but if the said corporation shall apply any
of their funds to any other purposes than those contemplated
by this act, then the said corporation shall cease and determine,
and the estate, real and personal, shall be forfeited to and vested
in the people of this state.
powersa    SEC. 6. This act shall be subject to the several provisions
and liabilities contained in the third title of the eighteenth
chapter of the first part of the Revised Statutes; and the Legislature may at any time hereafter, alter, modify, amend or repeal
the same.
1S34.-CHAPTER  CCCXVI.
AN ACT in aid of the New  York Institution Jbr the Blind.Passed May 6, 1834.
The People of the State of New  York, represented in Senate
and Assembly, do enact as follows:
SEC. 1. The managers of the New York institution for the
blind, are hereby authorized to receive from each senate district
of this state four indigent blind persons, between eight years
and twenty-five years of age, in like manner and at the like expense to the state, and is provided by law for the indigent deaf
and dumb; and that the said indigent blind persons, or state
pupils, during a term not exceeding five years, shall, beside their
literary or school education, be also instructed in some trade or
employment now or hereafter to be taught and carried on in
the said institution.
1836.-CHAPTER CCXXVI.
AN ACT in aid of the New York Institution for the Blind.Passed April 30, 1836.
The People of the State of New York, recresented in Senate and
Assembly do enact as follows:
Treasurer to  SEC. 1. There shall be paid by the treasurer of this state, on
the warrant of the comptroller, out of any money in the treasury not otherwise previously appropriated, the sum of twelve
thousand dollars.
ow        SEC. 2. (epealed by chapter 99, Laws of 1.)
applied.  SEC. 2. (Repealed by chapter 399, Laws of 1S36.)




INSTITUTION FOR THE BLIND.                        367
SEC. 3. The managers of the said institution shall be, and Personstobe
received by
they are hereby authorized and required to receive from each managers.
senate district of this state, four indigent and blind persons in
addition to the number now supported by this state, between
eight and twenty-five years of age, in like manner and at the
like expense to the state, as is provided by law for the indigent
deaf and dumb; and the said indigent and blind persons, or
state pupils, during a term not exceeding five years, shall, besides their literary or school education, be also instructed in
some trade or employment now or hereafter to be taught and
carried on by the said institution.
Annual reSEC. 4. The  managers  of the said institution shall, on port.
the first day of February, in each year, make a full report,
under oath, to the legislature, of their proceedings, and of the
disposition of the moneys paid to them from the treasury of the
state.
1836.-CHAPTER  CCCXCIX.
AN ACT to amend an act entitled "an Act in aid of the New York
Institution for the Blind," passed April 30th, 1836.-Passed
May 20, 1836.
The People of the State of New  York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The sum of twelve thousand dollars, appropriated by Appropriathe first section of the act entitled " An act in aid of the New tion'.
York Institution for the Blind," passed April 30, 1S36, shall be
paid as therein directed, provided the managers of the said institution, in the city of New York, raise the sum of eight thousand dollars.  Whenever evidence is given to the comptroller of
the state, that the said amount is deposited by them  in some
bank in said city, then it shall be lawful for the managers of the
New York institution for the blind, through their treasurer for
the time being, to draw upon the comptroller of the state for
twelve thousand dollars, which sum, together with the eight
thousand dollars raised and deposited as aforesaid, shall be applied by the managers of the institution, for the purposes of
purchasing the fee simple of the premises now occupied by
them, and also for the erection of a workshop for the blind, and
for the repair of the buildings now on the said premises; and
the title thereto shall be vested in the managers of the said institution, in conformity to the conditions of a lease given to
them by James Boorman, of the city of New  York, dated the
fourth day of July, 1833, and recorded in the register's office
of the city and county of New York, in liber 304, page 202, of
conveyances.




368              ACTS RELATING TO THE CITY OF NEW  YORK.
PremTieo   SEC. 2. The premises so purch          ased, as aforesaid, sall be
used.    appropriated  and used  by the managers of the said institution and their successors, wholly and solely for the benefit of
the blind, and as provided by the third section of the act hereby
amended; and, in order that the institution may be more permanently and usefully established, it shall not be removed from
its present site before the expiration of fifty years from the time
of its purchase aforesaid.
Condition.
SEC. 3. In case, at any time thereafter, said premises should
be used for other purposes, or changed from an institution for
the blind, as mentioned in the above section of this act, then,
in that case, the sum of twelve thousand dollars, and the interest thereon, shall revert back and be paid over to the comptroller, and shall be placed in the treasury of this state.
Rcpe-a.    SEC. 4. The second section of the act passed on the 30th
April, 1836, in aid of the New York institution for the blind,
shall be, and is hereby repealed.
1839.-CHAPTER CC.
AN ACT to extend the benefits of Instruction to the Blind, and for
other purposes.-Passed April 18, 1839.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
umiber of  SEC. 1. The managers of the New York institution for the
blinpersors blind are hereby authorized to receive fiom each senate district
to be received by mana- of this state, eight indigent blind persons, in addition to those
gers.   hheretofore provided for by the state, between eight and twentyfive years of age, in like manner and at like expense as the
state pupils now in said institution; and all of said pupils shall
be instructed for a period not exceeding five years, in such
studies and employments as are now, or may hereafter be taught
and carried on in said institution; but when it may be advantatruction  geous to prolong the time of instruction of any one or more of
tmy be ex- the pupils now in said institution, or those which may hereafter
be received therein, the managers may, in their discretion, retain them for a term not exceeding two years beyond that now
provided for by law, first obtaining for that purpose, the approbation of the superintendent of common schools.  The additional eight persons from each senate district, provided for by
this section, shall be designated by the superintendent of common schools, in the same manner as is provided for by law, in
relation to the institution for the deaf and dumb.




INSTITUTION FOR THE BLIND.                         369
SEC. 2. The treasurer of the state shall pay, on the warrant ofThO sum of
the comptroller, out of any money in the treasury not otherwise paid by the
treasurer of
appropriated, the sum of fifteen thousand dollars, in three equal the state.
annual instalments, to the treasurer of the aforesaid institution,
if the said managers shall produce satisfactory evidence to the Coditions.
comptroller that they have procured and deposited in some bank,
in the city of New York, the sum of ten thousand dollars; which
sums shall be applied to pay for the labor and materials necessary to complete the aforesaid structure, according to the design
heretofore adopted by the managers aforesaid, and also for the
purpose of removing the old wooden building on the premises
and regulating the grounds about the same.
SEC. 3. The managers of said institution shall keep a separate Accounts
how to be
account of the moneys herein appropriated to the building, and kept.
report the progress thereof, among other things, in their annual
report.
Part of
SEC. 4. The commissioners of the common school fund in the chool fund
city of New York are hereby authorized and required to dis- to bagger
tribute to the managers of the New York institution for the
blind a ratable proportion of the said school fund to every blind
pupil in said institution, without regard to age.
SEC. 5. The supervisors of any county in this state, from Supervisors
may raise
which state pupils shall be sent to and received in the said insti- money Ior
tution, whose parents or guardians shall, in the opinion of the pupils
superintendent of public instruction, be unable to furnish them
with suitable clothing, are hereby authorized and directed, in
every year while such pupils are in said institution, to raise and
appropriate thirty dollars for each of said pupils' and to pay the
sum so raised to the said institution, to be by it applied to furnishing such pupils with suitable clothing while in said institution. And if in any case all or any of said moneys are not
expended before the expiration of the periods of appointment of
such pupils, then the unexpended residue shall go into the general clothing fund of the said institution, to be by it devoted to
furnishing state pupils with suitable clothing. If said sums Clothing.
shall not be paid to the said institution within six months after
the annual meeting of the supervisors of any of said counties,
the sums so unpaid shall bear interest at the rate of seven per
centum per annum, from the expiration of said six months until
the same be paid. The supervisors of any county in this state When mon.
eys to be
from whose pauper institutions pupils shall be sent to the said pad to
institution for the blind, shall raise, appropriate and pay to the Comptroller.
order of the comptroller of the state, towards the expense of
educating and clothing such pupils, a sum equal to that which
the county would have to pay to support, the pupils as paupers
at home.  (As amended by chap. 351, Laws of 1862.)
24




370              ACTS RELATING TO THE CITY OF NEW YORK.
Sent of pbic  SEC. 6. The superintendent of public instruction is hereby
instruction authorized to visit and inspect the New York institution for the
may visit
institution blind, in all its departments, to report to the legislature such
for the blind 
and report to matters and things as he may deem necessary, and in the selec"lgi'atu.  tion and appointment of pupils he may, in those cases where, in
his opinion, absolute indigence is not established, require and
impose conditions whereby some proportionate share of the expense of educating and clothing such pupils shall be paid by
their parents or guardians, in such way, manner and time, as he
may designate.  (As amended by chap. 351, Laws of 1862.)
SEC. 7. This act shall take effect immediately.
1841.-CHAPTER CLXXV.
AN ACT to continue and extend the Benefits of Instruction to the
Blind.-Passed May 7, 1841.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
The m of  SEC. 1. For the  purpose  of levelling and grading the
$5,000, ap.                 the         York insitn fr the
propriated, grounds belonging to the New York institution for the blind,
and stone to
be delivered providing necessary out-houses, offices and wells, and erecting
n.tt pr fences for the division of yards, and around the premises, the
sum Qf five thousand dollars is hereby appropriated; and for the
erection and completion of a wing to the main building of the
said institution, the further sum of five thousand dollars is hereby appropriated; and the agent of the state prison at Mount
Pleasant is hereby directed to deliver at the prison, to the order
of the managers of the said institution, or of any committee duly
authorized by them, such rough and trimmed stone as shall be
required by them, not exceeding five thousand dollars in value,
at such prices as shall be reasonable.
lO what on.  SEC. 2. The said moneys hereby appropriated shall not be
paid, nor shall the said stone be delivered, until the managers
of the said institution shall have produced to the comptroller
satisfactory evidence that they have procured and deposited to
their credit, in some bank in the city of New York, the sum of
seven thousand dollars, to be applied to the erection and completion of the said wing; and on such evidence being produced,
the comptroller shall give his certificate of the fact to the agent
of the state prison at Mount Pleasant, and shall draw his warrant on the treasurer for the moneys hereby appropriated, in
favor of the treasurer of the said institution.




INSTITUTION FOR THE BLIND.                       371
1845-CHAPTER LVIII.
AN ACT for the Relief of the New York Institution for the Blind.Passed April 12, 1845, by a two-third vote.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The comptroller is hereby authorized to pay, by toPri^
warrant on the treasurer of this state, out of the moneys in the
treasury not otherwise appropriated, to the treasurer of the New
York institution for the blind, the sum of five thousand dollars
annually, for five years.
SEc. 2. The managers of the said institution shall, on or be- Managers t
fore the first day of February in each year, make a full report,
under oath, to the legislature, of their proceedings, and of the
disposition of the moneys paid to them from the treasury of the
state, in pursuance to section one of this act.
SEC. 3. This act shall take effect immediately.
1848.-CHAPTER CXCIII.
AN ACT to amend an act, entitled " An act to Incorporate the
New York Institution for the Blind," passed April 21, 1831, and
for other Purposes.-Passed April 7, 1848, " three-fifths being
present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEc. 1. Repealed by chapter 411, Laws of 1862.
SEC. 2. The treasurer of the state shall pay on the warrant Money to e
of the comptroller, to the treasurer of the New York institution tresurer of
for the blind, out of any moneys not otherwise apppropriated, iortthtbind.
the sum of fifteen thousand dollars, one-half thereof to be paid
within the year eighteen hundred and forty-eight, and the other
half within the year eighteen hundred and forty-nine; which
money shall be applied by the managers of the said institution
to the erection of work-shops, ware-rooms, dormitories and other
buildings necessary for providing an asylum and employment
for the adult blind; but no part of such moneys shall be paid
until the design and specification of said contemplated building
shall have been submitted to the comptroller, nor until he shall
be satisfied that the contemplated building, upon the plan pro



372              ACTS RELATING TO THE CITY OF NEW YORK.
posed, can be completed by the moneys hereby appropriated,
and other funds then in the hands of the managers of said institution, and the plan submitted to and approved by the comptroller shall not be departed from by the said managers in the
erection of the said building.
SEC. 3. This act shall take effect immediately.
1852.-CHAPTER  CCCXXXIII.
AN ACT to continue in force an act to incorporate the New York
Institution for the Blind, passed April 21, 1831, and to extend
the benefits of said Institution.-Passed April 16, 1852.
The People of the State of New  York, represented in the Senate
and Assembly, do enact as follows:
Act to frc   SEC. 1. The act entitled "An act to incorporate the New
York institution for the blind," passed April twenty-first,
eighteen hundred and thirty-one, shall be continued in force
from and after the first day of May, one thousand eight hundred
and fifty-two.
Personsbnd  SEC. 2. The managers of the New York institution for the
be received blind are hereby authorized to receive from each senate district
from each
Senate dist- of this state, four indigent blind persons, between twelve years
and twenty-five years of age, in like manner and at like expense
to the state as is provided by law for the indigent deaf and dumb,
who, during a.term of five years, shall be instructed in literary
or school education, and in some trade or employment now
hereafter to be taught and carried on in said institution, which
term may be extended two years by said managers, whenever it
may be advantageous so to do, the said managers first obtaining
for that purpose the approbation of the superintendent of common schools.
Those now    SEC. 3. The indigent blind persons now in said institution,
in, to form
part of the heretofore designated by the superintendent of common schools,
number.
are to form part of the number to be admitted in. said institution under this act, and may remain therein for the residue of
the terms for which they have respectively been received in said
institution.
Right t   SEC. 4. The Legislature may at any time alter or repeal this
re.   act.




INSTITUTION FOR THE DEAF AND DUMB.                   373
INSTITUTION FOR THE DEAF AND DUMB.
1817.-CHAPTER CCLXIV.
AN ACT to incorporate the members of the New York Institution
for the Instruction of the Deaf and Dumb.-Passed April 15,
1817.
Whereas, by a petition presented to the legislature from cer- Preamble.
tain inhabitants of the city of New York, it is represented, that
they, together with their associates, have formed an institution
for the purpose of affording the necessary means of instruction
to the deaf and dumb, and also, to provide for the support and
maintenance of those in that condition, whose parents are unable
to maintain them during their course of tuition: Therefore,
I. Be it enacted by the People of the State of New York, represented in Senate and Assembly, That all such persons as now are,
or hereafter may become members of the said institution, shall
be, and are hereby, ordained, constituted and appointed a body
corporate and politic, in fact and in name, by the name of " The Corporate
New York Institution for the Instruction of the Deaf and
Dumb," and by that name they and their successors shall and
may have succession, and shall be in law capable of suing and
being sued, pleading and being impleaded, defending and being
defended, in all courts and places whatsoever, in all manner of
action and actions, suits, matters, complaints and causes whatsoever; and that they and their successors have and use a common seal, and may change and alter the same at their pleasure;
and also, they and their successors, by the name and style of
" The New York Institution for the Instruction of the Deaf and
Dumb," shall be capable in law of purchasing, holding and conveying any real and personal estate, for the purposes of this
incorporation, and none other, which at any time shall not exceed the annual income of five thousand dollars.
II. And be itfurther enacted, That for the better carrying into Ofcers.
effect the objects of the said incorporation, there shall be a president, two vice-presidents, a treasurer and a secretary, who with
twenty other members shall constitute a board of directors, and
shall have power to manage all its affairs; the officers and other
directors shall be elected by ballot, at an annual meeting of the Election
members, to hold their office for one year, or until others be
elected in their room, and that such election shall be held at
such times and places as the said corporation shall, by their bylaws, from time to time appoint and direct, and that the aforesaid officers shall be elected by ballot, by a majority of the
members present at such election; and in case of any vacancy
or vacancies in either of the said offices, by death, resignation




374              ACTS RELATING TO THE CITY OF NEW YORK.
or otherwise, the said board of directors shall have power to fill
such vacancy or vacancies until the next annual election: of
the directors, at least two-thirds shall be residents of the city
and county of New York, and seven shall constitute a quorum.
Directors.    III. And be it further enacted, That the following persons shall
be the first officers and directors: De Witt Clinton, president;
Richard Varick, first vice-president; John Ferguson, second vicepresident; John Slidell, treasurer; John B. Scott, secretary; and
Henry Rutgers, Alexander M'Leod, John Stanford, John Murray, junior, Henry T. Feltus, James L. Bell, Bishop Connolly,
Henry Wheaton, Jonas Mapes, Peter Sharpe, Samuel Ackerly,
Silvanus Miller, William L. Rose, Gurdon S. Mumford, Benjamin A. Ackerly, Silvester Dearing, James Thompson, Robert
Troup, Solomon Southwick and James Emott, directors.
Pawer bo    IV. And be itfurther enacted, That the said board of directors
laws.    shall have power to make such by-laws as may, from time to
time, be necessary, relative to the management, disposition of
the estate and concerns of the said corporation, and the regulation of the persons exercising the offices aforesaid, not contrary
to law, and may appoint such other agents and servants as they
deem necessary to transact the business of the said corporation,
and designate their duties.
V. And be itfurther enacted, That this act shall continue and
be in force until the first day of April, in the year one thousand
Proviso,  eight hundred and thirty-seven: Provided always, That. if the
said corporation shall apply their, or any of their funds, to any
other purposes than those contemplated by this act, that then the
said corporation shall cease and determine, and the estate, real
and personal, thereof, shall be forfeited to and vested in the people of this state.
VI. And be itfurther enacted, That this act be, and is hereby,
declared a public act, and that the same be construed in all
courts and places benignly and favorably, for every humane and
benevolent purpose.
VII. It shall be lawful for the said institution to take and receive by gift, grant or devise, real and personal estate, or the
proceeds thereof, to be used and applied for the purposes of said
institution,  (Added by Act of April 11, 1849.)




INSTITUTION FOR THE DEAF AND DUMB.                     375
1822.-CHAPTER CCXXXIV.
AN  ACT to provide for the Instruction of the Indigent Deaf and
Dumb within this State.-Passed April 16, 1822.
Whereas, there are within this state many indigent deaf and Preamble
dumb persons; And whereas, there is in the city of New York
an institution, established for the instruction of the deaf and
dumb, and now in successful operation: Therefore,
I. Be it enacted by the People of the State of New Yorkc, repre- indgeon o
sented in Senate and Assembly, That every indigent deaf and dumb deafand
person between ten and twenty-five years of age, whose parent
or parents, or nearest friend, may be residents of this state, and
and who may make application for that purpose, shall, until
provision be made by law for their instruction in some other institution or school, be received into the New York institution
for the instruction of the deaf and dumb, in the manner hereinafter mentioned, and be provided with board and tuition by the
directors of the said institution, until each senate district, under
the constitution recently adopted, shall have sent four pupils.
II. And be itfurthcr enacted, That the indigent deaf and dumb Provisions
now in the asylum of the said institution shall be included as already repart of the aforesaid number; and that the term of instruction
shall not exceed three years for those who are supported at the
expense of the state; and the term  of the present pupils shall
be considered as having commenced at the time when they were
received into the asylum as charity pupils; but nothing- in this
section shall be construed to warrant the retaining, at the expense of the state, more than thirty-two indigent pupils.
III. Repealed by chapter 223, Laws of 1832.
IV. And be it further enacted, That whenever the parent, Certifloat
guardian, or nearest friend of a deaf and dumb person, is de- entitle persirous to have him or her instructed, application shall be made mission.
to the overseers of the poor of the town wherein such deaf and
dumb person shall reside, who shall certify to the inability of
the parent, parents, or guardian, to pay for his or her board and
tuition; which certificate being produced, shall authorize the
directors of the institution aforesaid, to receive such deaf and
dumb person as a pupil; and in case the parent, parents or
guardian, have the ability to pay any portion of the board and
tuition of a deaf and dumb pupil, then the overseers of the
poor of the town shall certify and state the amount; and the
balance only shall be defrayed from the fund appropriated for
the indigent deaf and dumb.




376               ACTS RELATING TO THE CITY OF NEW YORK.
Indigent pb   V. And be it fitrtler enacted, That each indigent pupil so reprovided  ceived into the institution aforesaid, shall be provided with
with board,
etc.      board, lodging and tuition; and the directors of the said instituiton shall receive for each pupil so provided for, the sum of
one hundred and fifty dollars per annum, in quarterly payments,
to be paid by the treasurer of the state, on the warrant of the
comptroller, to the treasurer of the said institution, on his presenting a bill of the actual time and number of indigent pupils
attending the school, and which bill shall be signed and certified by the president and secretary of the institution; and a like
bill shall be made out, of the time and number of those who
are enabled to pay a part of the expenses of board and tuition,
at the rate of one hundred and fifty dollars per annum, the balance of which only shall be charged and paid in like manner as
for indigent pupils; and the same shall be paid out of any
moneys in the treasury not otherwise appropriated.
pervisors   VTI. And be it further enacted, That if after the above numertain cases ber of indigent deaf and dumb shall have been sent from any
senate district, there shall still remain therein, any other fit objects of the same charity, it shall be lawful for the supervisors of
any county in such district, in their discretion, to select and
send  from  such county, to the institution aforesaid, or such
other as may be hereafter by law  directed, any indigent deaf
and dumb person, within the ages above prescribed, who shall
be received on the same terms as those supported at the
expense of the state; and it shall be lawful for such supervisors
to add a sum of money sufficient to meet the expense o' supporting and educating such persons, together with the necessary
expenses of travelling to and from the institution, to the sums
which are raised and levied within their county, according to
the sixth section of the act for the support of common schools;
such sum to be raised and collected in the manner directed for
the raising and collecting of school money in the said sixth
cty of   section of the act aforesaid; and it shall thereupon be the duty
of the collectors of the several towns, to pay over such additional sum to the treasurer of the county, whose duty it shall be
to pay over the same to the treasurer of the institution whereat
such deaf and dumb pupils are educated, in the same manner,
and on the same certificates, as is in the fifth section of this act
directed, with respect to the payments made by the treasurer of
roviso.  this state: Provided always, That the whole additional sum so
levied and raised for the purpose of this charity, upon any county
in any one year, shall not exceed one hundred and fifty dollars
for every member of Assembly, to which such county shall be
entitled.,,ratio of   VII. And be it further enacted, That this act shall continue in
force for four years, and no longer.




INSTITUTION FOR THE DEAF AND DUMB.                      377
1825.-CHAPTER CLXVI.
AN ACT extending and supplementary to certain acts providing for
the indigent Deaf and Dumb within this State.-Passed April 15,
1825.
I. Be it enacted by the People of the State of New Yorc, repr-At extended
five years.
sented in Senate and Assembly, That the act, entitled "An act for
the instruction of the indigent deaf and dumb within this state,"
passed April sixteenth, one thousand eight hundred and twentytwo, shall be, and the same is hereby, extended for the term of
five years from and after the first day of IMay, in the year eighteen
hundred and twenty-six; and that all and singular the provisions
and rights therein contained, and the regulations therein directed,
shall be required to be observed, kept and performed, saving and
excepting such parts thereof as are hereby and herein altered or
amended.
That whenever                     Power of di.
II. And be it further enacted, That whenever, and as often as, rectors.
there shall have been notice given in all or any one of the senatorial districts of this state, for any vacancy or vacancies of
scholars for said institution, in any district or districts, and no
pupil or pupils, scholar or scholars, shall apply for the purpose
of filling such vacancy, it shall and may be lawful for the
directors of the said institution to take in a scholar from  any
other district, to fill such vacancy or vacancies, in the same
manner and on the same terms as if the scholar so received and
selected had have come from the district where such vacancy or
vacancies may have occurred.
III. And be it further enacted, That the term  of the scholars Terd cd
for an education at the institution aforesaid, shall and may be
extended to four years; at the expiration of which term of time,
and after the same is fully ended, such scholar shall cease to be
educated and maintained as provided by the act aforesaid.
IV. (Applies only to the Central Asylum.)
W. (Applies only to the Central Asylum.)
1827.-CHAPTER XCVII.
dN ACT to providefor the building of an Asylum for the Deaf and
Dumb in the City of New York.-Passed March 23, 1827.
I. Be it enacted by the People of the State of New York, repre- sand thours
tented in Senate and Assembly, That the sum of ten thousand dol- appropriated
lars be, and the same is hereby appropriated, for the erection of
an asylum  for the deaf and dumb, to be located in the city of




378              ACTS RELATING TO THE CITY OF NEW  YORK.
New  York, or in the village of Brooklyn, in Kings county:
Provided the Provided, The directors of the institution for the deaf and dumb
directors
raise  ik  in the city of New York, raise the same amount, for the same
allo ul. t.
purpose; and whenever evidence is given to the comptroller of
the state, that the like amount of ten thousand dollars is raised
and deposited in some bank, applicable to the purposes aforesaid,
then it shall be lawful for the directors of the " New York Institution for the Instruction of the Deaf and Dumb," by their
treasurer for the time being, to draw upon the comptroller of
the state for ten thousand dollars, which sum, together with ten
Howaplied thousand dollars raised as aforesaid, shall be applied by the
directors of the institution, for the purpose of obtaining a piece
of ground by purchase or lease, and the erection thereon of a
building or buildings for an asylum, and workshops for the deaf
Further pro- and dumb: And provided farther, That the directors of the said
institution shall account to the comptroller for the expenditure
of the sum hereby appropriated, and of the sum to be raised by
the said directors; and that the price of the ground to be purchased, and the plan of the buildings to be erected, shall be submitted to the superintendent of common schools, and be by him
approved, before the said sum of money shall be drawn fromr the
treasury.
perintefndet  II. And be it further enacted, That it shall be the duty of the
of common superintendent of common schools, from time to time, to inquire
into the expenditures of the said institution; and the system of
instruction pursued therein; to visit and inspect the schools and
the lodgings of the pupils; to ascertain, by a comparison with
other similar institutions, whether any improvement can be
made, and for that purpose to appoint such and so many persons
as he shall, from time to time, deem  necessary, visitors of the
said schools; to suggest to the directors and to the legislature
such improvements as he shall deem expedient, and to report
annually to the legislature on all the matters aforesaid, and particularly the condition of the schools, the improvement of the
pupils, and their treatment in respect to their board and lodging;
and that no money shall be paid out of the treasury pursuant to
irectors to this act, until the directors of the institution for the deaf and
file their assent.    dumb in the city of' New York, shall have filed their assent to
the provisions of this section, under their corporate seal, in
the office of the secretary of state, and shall thereby consent
at all times to submit to the inspection and inquiries herein
directed.
oTad o     III. And be it further enacted, That the directors of the said
directors.  institution shall have power, in their discretion; to retain therein, any of the pupils now authorized to be received by them,
not exceeding eight at any one time, for a period not exceeding
two years beyond the time now allowed by law, and that the
expense of such pupils, not exceeding "one hundred and fifty




INSTITUTION FOR THE DEAF AND DUMB.                       379
dollars per annum for each, shall be paid in the sa.me manner
as is prescribed by law for the indigent pupils of the said institution.
IV. And be it farther enacted, That whenever notice shall be po    inora
given of any vacancy among the pupils, which any senate dis- Sento dis
trict is entitled to supply, and such vacancy shall not be filled sled.
within two months after such notice, it shall and may be lawful for the directors of the said institution to receive pupils
from  any other district to fill such vacancy during the then
current year, but for no longer time.
1830. -CHAPTER CLXX.
AN ACT to amend an act, entitled " An act extending and supplementary to certain acts providingfor the Indigent Deaf and Dumb
within this State," passed 15th April, 1825, and for other Purposes.-Passed April 15th, 1830.
The People cf the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The directors of the New York institution for the Additional
pupils to be
instruction of the deaf and dumb, are hereby authorized toreceived.
receive, from  each senate district of this state, three indigent
pupils, in addition to the number now provided for by law; the
pupils to be known and designated as state pupils, and to be
received and retained in the said institution for five years, subject
to the supervision of the superintendent of common schools.
SEC. 2. The yearly expense to be paid out of the treasury, for Expense.
the support of the said pupils, shall not exceed the sum of one
hundred and thirty dollars for each pupil.
SEC. 3. This institution shall be entitled to a distributive share share of iterature fund.
of the income of the literature fund, in the same manner as the
academies in the first district now are; but the distribution shall
be made in proportion to the whole number of pupils instructed
during the preceding year in said institution.
SEC. 4. The directors of the said institution shall make a Retur ofpureturn of the number of pupils to the regents of the university, made.
annually, in the month of January.
SEC. 5. This act, together with the act, entitled " An act to Acts continin force five
provide for the indigent deaf and dumb within this state," passed years.
16th April, 1822, and the act entitled "An act extending and




380               ACTS RELATING TO THE CITY OF NEW YORK.
supplementary to certain acts providing for the indigent deaf
and dumb within this state," passed 15th April, 1825, as far as
the same relate to the New York institution for the instruction
of the deaf and dumb, shall be continued in force for five years
from and after the first day of MIay, one thousand eight hundred
and thirty-one, subject to the alterations hereinbefore contained.
ake effect.   SEC. 6. This act shall go into operation from  and after the
first day of May, one thousand eight hundred and thirty.
SEc. 7. (Applies only to the Central Asylum.)
1832.-CHAPTEfR  CCXXIII.
AN ACT to amend the act, entitled " An act to provide for the Instruction of the indigent Deaf and Dumb within this State," passed
April 16, 1822.-Passed April 23, 1S32.
The People of the State of New York, represented in Senate and
Assembly, do enact asfollows:
List of deaf   SEC. 1. It shall be the duty of the overseers of the poor in
be furnishedeach town to furnish the superintendent of common schools with
a list of the deaf and dumb persons within their respective towns,
so far as they can ascertain them, with such particulars in relation to the condition of each as shall be prescribed by the said
superintendent.
Jbe made by  SEC. 2. From the list thus obtained the superintendent may
snpocod- select, as state pupils, such as are properly embraced within the
mon s"hols provisions of the existing laws, and make such regulations and
give such directions to parents and guardians in relation to the
admission of pupils, at stated periods, as will remove the inconvenience of having pupils of the same class entering the school
at different periods.
Notice.    SEC. 3. The notice required by this act to be given to the
overseers of the poor shall be in lieu of the notice required by
the third section of the " Act to provide for the instruction of
the indigent deaf and dumb within this state," passed April 1G,
1822.  And whenever vacancies occur in the pupils from  a
senate district, those vacancies may be filled from the list of
that district, kept by the superintendent of common schools,
without delay.




INSTITUTION FOR THE DEAF AND DUMB.                     381
1833.-CHAPTER CIX.
AN ACT increasing the Number of State Pupils at the New York
Institution for the Instruction of the Deaf and Dumb.-Passed
April 6, 1833.
The People of the State of New Yorlc, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The directors of the institution for the instruction of
the deaf and dumb are hereby authorized to receive from each
senate district of this state five indigent pupils, in addition to
the number now provided for by law, at an annual expense
not exceeding one hundred and thirty dollars for each pupil; the
pupils to be designated as state pupils, and to be received and
retained in the said institution for five years from the first day
of October next, subject to the supervision of the superintendent
of common schools.
1S34.-CHAPTER LXVII.
AN AC Tfor the relief of the New York Institution for the Instruction of the DeCf and Dumb.-Passed April 3, 1834.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The sum of five thousand dollars per annum, for five
years, is hereby appropriated for the benefit of the New York
institution for the instruction of the deaf and dumb in the city
of New York; and that the same be paid annually, on the warrant of the comptroller, to the treasurer of said institution, out
of any moneys in the treasury not otherwise appropriated.
SEC. 2. This act shall take effect immediately after the passage thereof.
1836.-CHAPTER  CCXXVIII.
AN ACT to renew the Charter of the New York Institution for the
Instruction of the Deaf and Dumb, and for other Purposes.Passed April 30, 1836.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The act entitled, " An act to incorporate the mem- Charter 
bers of the New  York institution for the instruction of the 




382              ACTS ]RELATING TO THE CITY OF NEW  YO'RK.
deaf and dumb," passed on the fifteeenth day of April, one
thousand eight hundred and seventeen, shall be and the same is
hereby extended for the term  of twenty-five years, from  and
after the first day of April, one thousand eight hundred and
thirty-seven.
Additional   SEC. 2. The directors of the institution are hereby authorized
pupils to be
received.  to receive from each senate district in this state, three indigent
pupils, in addition to the number now provided for by law, at
an annual expense not exceeding one hundred and thirty dollars
for each pupil; the pupils to be designated as state pupils, and
to be received and retained in the said institution for five years,
from the date of their admission, subject to the supervision of
the superintendent of common schools.
Duraton of   SEC. 3. This act, together with the several acts heretofore
passed, and now in force, relative to this institution, and providing for the indigent deaf and dumb within this state, shall
continue in force for the period of four years from and after the
first day of April, one thousand eight hundred and thirtyseven.
SEC. 4. The legislature may at any time alter, modify or
repeal this act.
When to    SEC. 5. This act shall take effect from its passage.
take effect.
183G.-CHAPTER  DXI.
AN  ACT authorizing the Directors of the Central Asylum for Instruction of the Deaf and Dumb, to dispose of the Property of said
Institution, and for other purposes.-Passed May 26, 1836.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SECTIONS 1 and 2 relate only to the Central Asylum.
Act of 1880  SEC. 3. The act entitled' An act to amend an act entitled
continued in
force.    an act extending and supplementary to certain acts, providing
for the indigent deaf and dumb within this state, passed April
15th, 1825, and for other purposes," passed April 15th, 1830,
so far as the same relates to the New York institution for the
deaf and dumb, is hereby extended and shall continue in force
for five years, from and after the first day of May, 1836.
effec t.   SEC. 4. This act shall take effect on its passage.




INSTITUTION FOR THE DEAF AND D)UMB.                    383
1838.-CHAPTER  CCXLIV.
AN ACT in relation to the Ncw'York Institution for the Instruction of the Deaf and Dumb.-Passed April 18, 1838.
The People of the State of New York, represented in Senate and
Assembly, do enact asfollows:
SEC. 1. No deaf and dumb person shall be entered upon the upil, when
to enter.
list of state pupils to be educated, under twelve years of' age.
SEc. 2. Thle directors of the New York institution for the low loung to
instruction of the deaf and dumb, are authorized,'withi the consent of the superintendent of common schools, to continue any
such pupil under instruction, for a term not exceeding two years
beyond that now provided for by law.
SEC. 3. The supervisors of any county in this state, from which Duty of sustate pupils may be selected, whose parents or guardians are
unable to furnish them with suitable clothing, are hereby authorized and required, while such pupils are under instruction, to
raise a sum of money for this purpose, not exceeding twenty
dollars in any one year for each pupil from said county.
1840.-CHAPTER  CLXXIV.
AN ACT extending, an act for the Relief of the New York Institution for the Instruction of the Deaf and Dumb.-Passed April
27, 1840.
The People of the State of New York, represented in Senate and
Assembly, do enact asfollows:
SEC. 1. The act entitled" An act for the relief of the New Acts continued.
York Institution for the Instruction of the Deaf and Dumb,"
passed April 3, 1834, and extended by the third section of an act
entitled " An act to renew the charter of the New York Institution
for the Instruction of the Deaf and Dumb," passed April 30,1836,
is hereby continued for the period of five years, from and after
the first day of April, 1841.
SEC. 2. The directors of the institution are hereby authorized edadtional
to receive, from  each senate district in this state, one indigentto b receivdeaf mute in addition to the number now authorized by law,
at an annual expense not exceeding one hundred and thirty dollars
for each pupil, the pupils to be designated as state pupils, to be
elected by and subject to the supervision of the superintendent of common schools.




384              ACTS RELATING TO THE CITY OF NEW YORK.
Items of ex-  SEC. 3. The treasurer of said institution shall specify in his
be reported. annual account current, the particular items constituting the
said account of expenditure and receipts, including outstanding
debts, discriminating between the expenditures and receipts of
mechanical labor carried on at the institution; which account
shall be verified by the affidavit of the said treasurer, and incorporated in the annual report of the said institution.
btAvrs of Ita  SEC. 4. The income arising from mechanical labor carried on
bor, ow to
beappied. at the institution, shall be applied towards defraying the necessary expenses of the said institution.
SEC. 5. This act shall take effect immediately.
1841.-CHAPTER  CLXIII.
AN  Act to Provide for the Education of the Indigent Deaf and
Dumb.-Passed May 1, 1841.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Act extend-  SEC.- 1. The second and third sections of the act entitled
(1  for five
years.    4 An act to renew the charter of the New York Institution for
the Instruction of the Deaf and Dumb, and for other purposes,"
passed April 30, 1836, are hereby continued for the period of
five years, from and after the first of April, one thousand eight
hundred and forty-one, unless otherwise directed by law.
SEC. 2. This act shall take effect immediately.
1845-CHAPTER XIV.
AN A CT extending an actfor the Relief ofthe New York Institution
for the Instruction of the Deaf and Dumb.-Passed February 28,
1842, by a two-third vote.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Act extend- SEC. 1. The act entitled " An act extending an act for the
relief of the New York institution for the Instruction of the
deaf and dumb," passed April 27, 1840, is hereby continued for
the period of five years, from and after the first day of April,
one thousand eight hundred and forty-six, and until otherwise
directed by law.




INSTITUTION FOR THE DEAF AND DUMB.                     385
SEC.. 2. The directors of the institution are hereby author- Addtiotna
ized to receive from each senate district in this state, four in- admitted.
digent deaf mutes, in addition to the number now authorized
by law, at an annual expense not exceeding one hundred and
thirty dollars for each pupil; the pupils to be designated as
state pupils, to be selected by and subject to the supervision of
the superintendent of common schools.
SEC. 3. This act shall take effect immediately.
1852.-CHAPTER XCVII.
AN  ACT to increase the Number of State Pupils in the New
York Institution for the Instruction of the Deaf and Dumb.Passed March 25, 1852.
The People of the State of New  York, represented in Senate
and Assembly, do enact as follows:
SEC. 1. The directors of the New York institution for the in-  May reedide
struction of the deaf and dumb are hereby authorized to receive, ional pupil
from  each senate district in this state, one indigent deaf mute senate disin addition to the number now authorized by law, at an annual trict
expense not exceeding one hundred and thirty dollars for each
pupil; the pupils to be designated as state pupils to be selected
by and subject to the supervision of the superintendent of
common schools.
SEC. 2. This act shall take effect immediately.
1853.-CHAPTER  LXXII.
AN ACT to confirm the Sale of certain Lands to the New  York
Institution for the Instruction of the Deaf and Dumb.-Passed
April 1, 1853.
The People of the State of New York, represented in Senate
and Assembly, do enact as follows:
SEC. 1. The sale and conveyance of certain lands in the city saleoflands
and county of New York, heretofore made by the mayor, alder- council of
ew York
men and commonalty of the city of New York, to the New confirmed.
York institution for the instruction of the deaf and dumb, by
deed bearing date the first day of June, in the year eighteen
hundred and fifty, recorded in the office of register of the city
25




386              ACTS RELATING TO THE CITY OF NEW YORK.
and county of New York, in liber five hundred and forty-six of
conveyances, beginning at page four hundred and three, is hereby consented to, ratified and confirmed.
SEC. 2. This act shall take effect immediately.
1853.-CHAPTER CXV.
ANACT relating to the Deaf and Dumb.-Passed April 5, 1853.
The People of the State of New York, represented in Senate
and Assembly, do enact as follows:
To ontinue  SEC. 1. It shall be lawful for the superintendent of common
certain   pupils at the schools to continue at the New York institution for the instrucstitut. tion of the deaf and dumb, for a period not exceeding three
years, for the purpose of pursuing a course of studies in the
higher branches of learning, such pupils as may have completed
the regular term of instruction, and who may be recommended
by the directors of said institution; provided the whole number
of State pupils shall not annually exceed the number now
authorized by law.
SEC. 2. This act shall take effect immediately.
1854.-CHAPTER  CCLXXII.
AN ACT in relation to the New York Institution for the Instruction cf the Deaf and Dumb.-Passed April 15, 1854, threefifths being present.
The Peopleof the State of New York, represented in Senate and.Assembly, do enact asfollows:
sercti.on of  SEC. 1. Every indigent deaf and dumb person, resident of
pupils.'this state, between twelve and twenty-five years of age, whose
parent or parents, or if an orphan, whose nearest friend shall
have been resident in this state for three years, and who may make
application for that purpose, shall, until provision be made by
law for his:orher instruction in some other institution or school,
be received into the New York institution for the instruction of
the deaf and dumb, provided his br her application for the purpose be first approved of by the superintendent of public instruction.




INSTITUTION FOR THE DEAF AND DUMB.                      387
SEC. 2. Each indigent pupil, so received into the institution  od suP.
aforesaid, shall be provided with board, lodging and tuition;
and the directors of the institution shall receive for each pupil
so provided for the sum of one hundred and fifty dollars per
annum, in quarterly payments, to be paid by the treasurer of
the state, on the warrant of the comptroller, to the treasurer of
the said institution, on his presenting a bill of the actual time
and number of pupils attending the institution, and which bill
shall be signed and verified by the oath of president and secretary of the institution. The regular term of instruction for
such pupils shall be five years.  The indigent pupils provided
for in this act shall be designated state pupils, and all the
existing provisions of law applicable to state pupils now in said
institution shall apply to pupils herein provided for.
SEI:. 3. It shall be lawful for the superintendent of public R-e:ctio.
instruction to continue at the said institution, for a period not
exceeding three years, for the purpose of pursuing a course of
studies in the higher branches of learning, such pupils, not
exceeding twelve in number, as may have completed their
full term  of instruction, and who may be recommended by
the directors of said institution.
SIc. 4.. The purchase heretofore made by the said institution Poth  of
of certain land at Washington Heights, in the city of New York. vaid.
by deed bearing date the twelfth day of May, eighteen hundred
and fifty-three, and recorded in the office of the register of the
city and county of New York, in liber six hundred and thirty-six
of conveyances, commencing at page two hundred and forty-six,
and the purchase of the land under water, adjacent to the same,
from the mayor, aldermen and commonalty of the city of New
York, are hereby recognized and declared legal and proper purchases for the purposes of said institution; and it shall and may
be lawful for the said institution, with the consent of the commissioners of the land office, from time to time hereafter, to sell and  le of land.
convey such portions of said land as may, in the judgment of the
directors of said institution, become or be at any time unnecessary to be held for the purposes of said institution.
SEC. 5. All provisions of any law, inconsistent with the provisions of this act, are hereby repealed.
SEC.- 6. This act shall take effect immediately.




388             ACTS RELATING TO THE CITY OF NEW YORK.
1862.-CHAPTER  CCCLX.
AN  ACT to renew the charter of the New York Institution for the
instruction of the Deaf and Dumb.-Passed April 19, 1862,
three-fifths being present.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The act entitled "An act to incorporate the members of the New York institution for the instruction of the
Deaf and Dumb," passed on the fifteenth day of April, one
thousand eight hundred and seventeen, shall be and the same
is hereby re-enacted, renewed and extended for the term of
twenty-five years, from  and after the first day of April, one
thousand eight hundred and sixty-two.
SEC. 2. This act shall take effect immediately.
LEAKE AND WATTS ORPHAN-HOUSE.
1831.-CHAPTER LVIII.
AN ACT to incorporate the Leake and WFatts Orphan-house, in the
City of New York.-Passed March 7, 1831.
Preamble.    Whereas, John G. Leake, late of the city of New  York,
deceased, in and by his last will and testament did, after
certain legacies and devises therein mentioned, devise and
bequeath all the residue and remainder of his estate, real as well
as personal, to his executors, the survivors and survivor of them,
for the uses and upon the trusts following, viz.: As for and
concerning certain real estate, to convey the same in the manner
directed by the said will; and as for and concerning the shares in the
bank of the United States, which he should leave at his decease,
that the said executors should pay the interest or dividends arising therefrom, as the same should be received, unto Margaret
Leake, the relict of his late brother Robert Leake; and in case
of the non-renewal of the charter, the interest arising from the
nett proceeds thereof, during her life; and as for and concerning all the rest, residue and remainder of his estates, real and
personal, not thereinbefore disposed of, and all moneys arising
from the sale or sales of his lands, and also the said bank shares,
or the nett proceeds thereof, on the decease of the said Margaret
Leake, to and for the use, benefit and behoof of Robert Watts,
the then second son of his friend and executor, John Watts, and
his heirs, upon this express condition; that the said Robert
Watts and his heirs should take the name of Leake, and by that




LEAKE AND WATTS ORPHAN-HOUSE.                       389
surname be called andk-lnown forever thereafter. But if the said
Robert Watts should die under age, and without lawful issue,
or should refuse to accept of the said devise and bequest on the
aforesaid condition, then the said testator directed that the said
shares, upon either of the last mentioned contingencies taking
place, and at the said Margaret Leake's decease, or the nett proceeds thereof, in case of the non-renewal of the charter, should
be equally divided amongst the oldest surviving sons of his
executors: and that all the rest, residue and remainder of his
estate, real and personal, in the hands and possession of his said
executors, upon the death or refusal of the said Robert Watts
to accept as aforesaid, should be likewise immediately thereupon
conveyed and transferred by his said executors, the survivors and
survivor of them, unto the rector and churchwardens of the
Protestant Episcopal church, the presiding or eldest minister of
the Dutch and Presbyterian congregations respectively, in the
city of New York, and their successors, together with the mayor
and recorder of the said city and their successors, upon this
special trust and confidence, to be by them appropriated to the
purchasing and endowing of a house, or of ground to erect and
endow a building in the suburbs of the city, for the reception,
maintenance and education, from time to time, forever thereafter,
of as many helpless orphan children (paying no regard to the
country or religious persuasion of their deceased parents), until
they shall severally arrive at an age to be put out apprentices to trades or services, as the said trustees shall deem the
annual income arising from the said estates, fully adequate to
support; and to be under such rules and regulations, with such
and as many attendants for the management and government
thereof, as a majority of said truktees shall judge to be most
useful and expedient: nevertheless, the testator declared it to be
his will, that no part of the estates devised, should be applied
towards the purchasing or erecting of the building aforesaid,
but that the expense should be defrayed solely out of the rents,
issues and profits: And whereas, It is represented to the Legislature, that the said John G. Leake died on or about the second
day of June, in the year one thousand eight hundred and
twenty-seven, and that the said will was unattested and inoperative, as to the real estate mentioned therein; but its validity
as a will of personal estate having been litigated a considerable
time, was finally established on or about the thirty-first day of
December, in the year one thousand eight hundred and twentynine; that the said Robert Watts, the residuary legatee in the
said will named, afterwards died of full age, intestate, and without issue, and without having refused to accept the said devise
and bequest, upon the condition prescribed in the will, but
under circumstances which might render it doubtful whether
he had complied with the said condition, and that his father,
John Watts, is his next of kin; that the said John G. Leake, at
the time of his death, was possessed of six hundred shares in




390              ACTS RELATING TO THE CITY OF NEW YORK.
the bank of the United States; but that tthe charter of the
former bank of the United States having expired after the making of the said will, and before the death of the said John G.
Leake, it is doubtful whether the said bank shares pass under
the said bequest of such shares as he should leave at the time
of his death; that by the said will, Robert Watts, the said John
Watts, Herman Le -Roy and William  Bayard, were appointed
executors thereof; of whom  the said Robert Watts and William  Bayard died before the said John G. Leake, and the said
John Watts and Herman Le Roy have proved the said will, and
taken on themselves the execution thereof; that the said John
Watts is willing to relinquish all claim to and interest in all the
said residuary estate, except the said bank shares, and to allow
it to be appropriated to the charitable purposes mentioned in
the said will, provided the said bank shares, and the dividends
thereon, be disposed of as hereinafter mentioned: And whereas,
The mayor and recorder of the city of New York, the rector and
churchwardens of Trinity church, in the said city, the eldest
minister of the Dutch congregation in the said city, incorporated under the name of the minister, elders and deacons of the
Reformed Protestant Dutch church, in the city of New York,
the eldest minister of the Presbyterian church in the said city,
incorporated by the name of the corporation of the first Presbyterian church in the city of New York, the said John Watts,
on his own behalf, and the said John Watts and Herman Le
Roy, executors of the said will, and all of the sons of the persons named in the said will as the executors thereof (except
William Bayard, one of the sons of the above named William
Bayard, who was absent from this state), have joined in a petition to the Legislature, setting forth in substance the iacts
above recited, and praying that an act may be passed for the
purposes hereinafter mentioned, which prayer appears to be
reasonable; Therefore,
The People of the State of New York, epresented in Senate and
Assembly, do enact asfollows:
Corporation   SEC.. W. alter Bowne, the mayor of the city of New York,
Richard Riker, the recorder of the said city, William Berrian,
the rector of Trinity Church, in the city of New York, Nehemiah Rogers and Charles McEvers, the churchwardens of the
said church, Gerardus A. Kuypers, eldest minister of the Dutch
congregation in the city of New York, incorporated by the
name of the ministers, elders and deacons of the Reformed Protestant Dutch Church of the city of New York, William  W.
Phillips, eldest minister of the Presbyterian congregation in the
city of New York, incorporated by the name of the First Presbyterian Church in the city of New York, and their successors
in the said offices and stations, respectively, in virtue of their
said offices and stations, shall be, and hereby are, constituted




ILEAKE AND WVATTS ORPHAN-HOUSE.                      391
and declared to be a body corporate, in fact and in name, by
the name and style of "The Trustees of the Leake and Watts Styol  ad
Orphan-house in the city of New York," for the purpose ofth trustees.
maintaining and educating orphan children, according to the
intent of the above-mentioned will; and the said trustees and
their successors, by the name and style aforesaid, shall be capable in law of purchasing, holding and conveying real and personal estate, for the use and benefit of the said corporation, in
Much manner as to them or a majority of them, shall appear to
be most conducive to the interest of the said institution.
SEc. 2. The said trustees shall have power, from  time to President
time, to elect one of their number to be their president, and to officers.
appoint a clerk and a treasurer, and such other officers as they
mnay think proper, for the management of the business and concerns of the said corporation, and to demand and take, if they
shall deem expedient, from every such treasurer and other officer, such security for the faithful execution of his duty, and the
performance of the trust reposed in him, as to the said trustees
shall seem proper; and every bond or other security so taken
by them, shall be valid in law, and entitle the said trustees and
their successors to sue and recover thereon; and the said officers
shall respectively hold their offices during the pleasure of the
said trustees; and any four or more of the said trustees shall
constitute a quorum  to transact any of the business and concerns of the said corporation.
SEC. 3. The said corporation is hereby authorized to receive Trustees to
from the executors of the will of the said John G. Leake, the sonal estate.
whole of the residuary personal estate of the said John G. Leake,
except the said bank shares, and to execute a valid release for
the same; and the said executors are hereby authorized to pay
over and transfer to the said corporation, the said residuary personal estate, except the said bank shares, to be held and applied
by the said corporation for the purposes mentioned in the said
will.
SEC. 4. The said executors shall retain possession of the said Bank shares
bank shares in trust, to pay the dividends which have accrued disposed of.
and may accrue thereon, to the said Margaret Leake during her
life, and after her death, to transfer one-fourth of the said shares
to the said John Watts, his executors, administrators or assigns;
one other fourth part thereof to Robert Watts,-the surviving
son of Robert Watts, who was named as an executor in the said
will, his executors, administrators'or assigns; one other fourth
part of the said shares to the then surviving oldest son of the
said Herman Le Roy; and if no son of his shall be then living,
to the executors or administrators of such son of his as shall
have died last, for the use of his next of kin, as part of his personal property; and one other fourth part of the said shares to




392             ACTS RELATING TO THE CITY OF NEW YORK.
the then surviving oldest son of the said William  Bayard,
named as one of the executors in the said will, and if no son of
his shall be then living, to the executors or administrators of
such son of his as shall have died last, for the use of his next of
kin, as part of his personal property.
powers.   SEC. 5. The said corporation hereby created shall possess the
general powers, and be subject to the liabilities and provisions
contained in title third of chapter eighteen of the first part of
the Revised Statutes.
When tft   SEC. 6. This act shall take effect from and immediately after
the passage thereof.
NEW YORK JUVENILE ASYLUM.
1851.-CHAPTER CCCXXXII.
AN ACT to Incorporate the New York Juvenile Asylum.-Passed
June 30, 1851, " three-fifths being present."
The People of the State of New  York, represented in Senate
and Assembly, do enact as follows:
Trustees and  SEC. 1. Robert B. Minturn, Myndert Van Schaick, Robert M.
Stratton, Solomon Jenner, Albert Gilbert, Stewart Brown,
Francis R. Tillou, David S. Kennedy, Joseph B. Collins, Benjamen F. Butler, Isaac T. Hopper, Charles Partridge, Luther
Bradish, Christopher Y. Wemple, Charles O'Conor, John D.
Russ, John Duer, Peter Cooper, Appollos R. Wetmore, Frederick S. Winston, James Kelly, Silas C. Herring, Rensselaer N.
Havens, John W. Edmonds, and their associates, are hereby
constituted a body corporate by the name of " New York Juvenile Asylum," and by that name shall have the powers which,
by the third title of the eighteenth chapter of the first part of
the Revised Statutes, are declared to belong to corporations;
and shall be capable of taking by purchase or devise, holding
and conveying any estate, real or personal, for the uses and purposes of said corporation; but such real estate shall not exceed
the yearly value of twenty thousand dollars, nor be applied
to any other purposes than those for which this corporation is
created.
Objects.  Sec. 2. [Amended by sec. 2, chap. 387, Laws of 1854, to read
as follows:] The objects of this corporation are to receive and
take charge of such children, between the ages of seven and fourteen years, as may be voluntarily entrusted to them by their
parents or guardians, or committed to their charge by compe



NEW YORK JUVENILE ASYLUM.                          393
tent authority, and provide for their support, and to afford them
the means of moral, intellectual and industrial education.
SEC. 3. The estate and concerns of said corporation shall be loard of
Directors.
managed and conducted by a board of directors, of which board
the mayor and presidents'of the boards of aldermen and assistants, and of the board of governors of the alms-house and prison department, of the city of New York, for the time being,
shall be ex officio members in addition to twenty-four other persons hereinafter provided for, which board of directors shall
perform the duties required of them by virtue of this act, without any compensation for their services; and the twenty-four
persons named in the first section of this act, shall constitute a
part of the first board of directors, and shall be divided by lot
into three classes of eight each; and the first class shall hold
their offices respectively until the second Monday of January,
which shall be in the year one thousand eight hundred and
fifty-three; and the second class shall hold their offices respectively until the second Monday of January, which will be in the
year one thousand eight hundred and fifty-four; and the third
class shall hold their offices respectively until the second Monday of January, in the year one thousand eight hundred and
fifty-five.
SEC. 4. To supply the vacancies occasioned by the expiration vacacies.
of the term of service of the eight directors, included in the first
class, eight directors shall be elected on the second Monday of
January, in the year one thousand eight hundred and fifty-three,
by the members of the said corporation, that is, the directors
and such other persons as may have contributed fifty dollars at
any one time, or three dollars within the year, to the funds of
said corporation. This election shall take place under the direction of three inspectors, to be appointed by the board of
directors, and who shall give notice of the time and place of
holding such election, by publishing the same in two daily
newspapers of the city of New York, for at least two days next
preceding said election. The term of office of the eight directors thus elected, shall commence on the second Monday of January, in the year one thousand eight hundred and fifty-three,
and the said directors, so elected, shall hold their offices respectively for three years. Annually thereafter, there  shall be
elected in the same manner, the same number of eight directors, who shall enter upon and hold their offices for three years,
as herein above provided in regard to the eight directors elected
to fill the vacancies occasioned by the expiration of the term of
office of the first class of said directors. The board of directors shall have the power, and it shall be their duty, to fill all
vacancies that may occur in their own body from any cause
whatever, and the person so elected to fill a vacancy, shall
hold his office for the unexpired term of his immediate predecessor in office.




394              ACTS RELATING TO THE CITY OF NEW  YORK.'Quoru.    SEC. 5. At all the meetings of the board of directors, eight
members shall constitute a quorum for the transaction of ordinary business; but no purchase or conveyance of real estate,
nor removal from or appointment to office, shall be made without
a quorum of at least thirteen directors.
Corportion   SEC. 6. [Amended by sec. I, chap. 547, Laws of 1853, so as
suitable  to read as follows:] The corporation hereby created may, so soon
Bites.  as may be practicable, procure suitable building sites and lands,
and erect and maintain thereon an asylum for such children as,
under this act, the regulations to be adopted by the board of
directors, and the laws of the state and city of New York, may
be entrusted or committed to the care and management of the
said corporation; such asylum shall embrace the buildings necessary for the comfortable accommodation of the children
therein; for their instruction, moral, intellectual and industrial;
and for their general treatment, in such manner as may best promote their welfare, and most fully accomplish the beneficent designs and objects of the said corporation; and, until such building
sites and lands shall be procured, and the permanent building of
the asylum thereon erected and completed for use, the corporation may procure such temporary accommodations as may be
necessary for its purposes.
What chil-  SEC. 7. [Amended by chap. 387, Laws of 1854, to read as
dren may be
taken.   follows:] The said corporation may receive and take under its
care and management:
1. Children between seven and fourteen years of age, who, by
the consent in writing of their parents or guardians, shall be
voluntarily surrendered and trusted to it.
2. Children between seven and fourteen years of age, who
may be committed to the charge of the corporation by order of
any magistrate or magistrates of the city and:county of New
York, as hereinafter provided.
Form of sur   SEC. 8. Children entrusted to this corporation by the volunchild.    tary act of their parents or guardians, shall be deemed to be
in the lawful charge and custody of the said corporation;
and such surrender shall be evidenced by a writing in form substantially as follows, viz.:
"I, A. B. (father, mother or guardian, as the case may be), of
C. D. (a boy or girl), aged         years, born in, do
hereby surrender and entrust to " The New York Juvenile Asylum," for the period of        years, the entire charge, management and control of the said C. D., and do hereby assign to, and
jnvest the said corporation with the same powers and control
over the said C. D., as those of which I am possessed."
In presence of




NEW:YORK -JUVENILE ASYLUM.                        395
SEC. 9. [Amended by chap. 387, Laws of 1854, to read as Warrat efo
follows:] Whenever any child above the age of seven and under of children
the age of fourteen years shall be brought by any policeman of 
the city of New York before the mayor or recorder, or any alderman or other magistrate of the said city, upon the allegation
that such child was found in any way, street, highway or public
place in said city, in the circumstances of want and suffering,
or abandonment, exposure or neglect, or of beggary, specified or
defined in the eighteenth section of the act entitled "An act relative to the powers of the common council of the city of New
York, and the police and criminal courts of said city," passed
January 23, 1833, and it shall be proved to the satisfaction of
such magistrate, by competent testimony, that such child is embraced within the said section, and it shall further appear to the
satisfaction of such magistrate, by competent testimony, or by
the examination of the child, that by reason of the neglect, habitual drunkenness or other vicious habits of the parents, or other
lawful guardian of such child, it is a proper object for the care
and instruction of this corporation, such magistrate, instead of
committing such child to the alms-house of said city, or such
other place, if any, as may have been provided by the common
council thereof, in his discretion, by warrant in writing under
his hand, may commit such child to this corporation, to be and
remain under the guardianship of its directors until therefrom
discharged in manner prescribed by law; such commitment
shall be by warrant, in substance, as follows:
" To A. B., one of the policemen of the city of New York:
You are hereby commanded to take charge of A. B., a child
under the age of fourteen and above the age of seven years, who
has been proved to me, by competent evidence, to be embraced
within the eighteenth section of the act, entitled " An act relative to the powers of the common council of the city of New
York, and the police and criminal courts of said city," approved
January 23, 1833, and who also appears to my satisfaction to
be a proper object for the care and instruction of the corporation, created by an act entitled " An act to incorporate the New
York Juvenile Asylum," passed June 30, 1851, and to deliver
the said child, without delay, to the said corporation, at its house
of reception in this city, and, for so doing, this shall be your
sufficient warrant.
"Dated this          day of, 18."
SEC. 10. Any order so made by any such magistrate shall be rdet, how
executed.
executed by any policeman to whom it shall be delivered by the
magistrate, by conveying the child therein named to the house
of reception to be established by this corporation, and such child
shall be detained in such house of reception until discharged or
removed therefrom in the manner hereinafter provided.




396              ACTS RELATING TO THE CITY OF NEW YORK.
Notice to   SEC. 11.  [Amended by chap. 3S7, Laws of 1854, to read as
guardians. follows:] Immediately upon the making of any such order, the
magistrate making the same shall deliver to a policeman of the
city, especially detailed for that service, a notice in writing
addressed to the father of such child, if its father be living and
resident within the city, and, if not, then to its mother, if she
be living and so resident, and if there be no father or mother of
such child resident within the city, then addressed to the lawful
guardian of such child, if any, or to the person with whom, according to the examination of the child, and the testimony, if
any, received by such magistrate, such child shall reside, in
which notice the party to whom the same is addressed shall be
informed of the commitment of such child to the house of reception of this'corporation, and shall be notified that, unless
taken therefrom  in the manner prescribed by law within ten
days after the service of such notice, the child therein named
will be committed to the asylum of this corporation.
Service of    SEC. 12. [Amended by chap. 3S7, Laws of 1854, to read as
""t^c'.  follows:] Such notice shall be served by the policeman detailed
for that service, by delivering the same to the party to whom it
shall have been. addressed, personally, or by leaving it with
some person of sufficient age at the place of residence or business of such party; and it shall be the duty of such policeman
immediately to report the fact, and the time and manner of
such service, to the magistrate, and enter in a book, to be provided for that purpose, and kept at the house of reception of
the New York Juvenile Asylum, the fact of having served such
notice, the time and manner of such service, and the fact thus
recorded shall in all cases be evidence of the proper service of
such notice.
child,when   SEC. 13. If the party to whom such notice shall have been adeliveredup. dressed, or any other person, shall, within the time therein specified, prove to the satisfaction of the magistrate issuing the same,
that the circumstances of want and suffering, or other circumstances described in the eighteenth section of the aforesaid act,
passed January 23d, 1833, under which such child shall have
been found, have not been occasioned by the habitual neglect or
misconduct of the parents or lawful guardian of such child, then
it shall be the duty of such magistrate, by order in writing, addressed to the superintendent of the house of reception of this
corporation, to direct such superintendent to deliver such child
to the custody of the party named in such order, who shall
thereupon be entitled to take such child from the said house of
reception.
When child  SEC. 14. If such proof shall not be produced within the time
moved to above prescribed, it shall be the duty of the magistrate by whom
syium   the child shall have been committed to the house of reception




NEW YORK JUVENILE ASYLUM.                         397
to make and transmit to the superintendent thereof a notice in
writing to that effect, and thereupon the child named in such
notice shall be removed from such house of reception to the
asylum of this corporation.
SEC. 15. If any child, who has been previously arrested and de- Sestd ar
livered to the parent or guardian, as hereinbefore provided, shall hild.
again be found in either of the conditions described in the eighteenth section of the act aforesaid, the magistrate before whom
such child is brought, upon proof thereof, may forthwith make a
final order for committing such child to the care and instruction of this corporation, without giving the notice provided for
in section eleventh of this act.
SEc. 16. If, at any time after a child shall have been commit- Chil, when
ted to the said New York Juvenile Asylum, as above provide charged.
for in this act, it shall be made to appear to the satisfaction of
the board of directors of the said asylum that such child was,
on insufficient cause, false or deficient testimony, or otherwise,
wrongfully or improvidently so committed, the said board of
directors shall, on the application of the parents, guardian, or
other protector of such child, discharge the child from the said
asylum, and restore it to such parents, guardian or protector;
and also, if after a child shall have been properly committed to
the said New York Juvenile Asylum, by virtue and in pursuance
of the provisions of this act, any circumstances should occur,
that, in the judgment of the board of directors of the said asylum,
would render expedient and proper a discharge of such child
from the said asylum, having a due regard to the welfare of the
child, and the purposes of the asylum, the said board of directors, on the application of the parents, guardian or protector of
such child, may, in their discretion, discharge the child from the
said asylum, and restore it to its parents, guardian or protector,
on such reasonable conditions as the said board of directors may
deem right and proper.
SEC. 17. The said corporation shall have power, and it shall Ctnfdren
be their duty, whenever any child entrusted or committed to asylum to
be returned.
their charge shall, by the commission of any infamous crime, or
by confirmed habits of vagrancy, have become so degraded and
debased as to be an improper subject for their care and management, to return such child to the committing magistrate, or
other proper authorities, to be disposed of in due course of
law.
SEc. 18. The said corporation shall have power, in its discre- Binding out
children.
tion, to bind out or indenture, as clerks or apprentices, to some
profession, trade, or employment, the children entrusted or committed to its charge; and for a shorter or longer period, not exceeding, however, in the case of girls, the age of eighteen years;
and, in that of boys, the age of twenty-one years.




398              ACTS RELATING TO THE CITY OF NEW  YORK.
Indentures    SEC. 19. No person receiving an apprentice under the provisions
signed    of this act, shall be at liberty to assign or transfer the indenture of
apprenticeship, or to let out or hire for any period the services of
such apprentice, without the consent in writing of the directors of
this corporation.  In case the master of such apprentice shall be
dissatisfied with his or her conduct or behavior, or for any other
cause, may desire to be relieved from said contract, upon application, the said directors may, in their discretion, cancel the said
indenture of apprenticeship; and resume the charge and management of the child so apprenticed, and shall have the same
power and authority in regard to it, as before the said indenture
was made.
Child  y   SEC. 20. If any master shall be guilty of any cruelty, misbe reclaimed
for  cruel usage, refusal or neglect to  furnish necessary provisions or
clothing, or any other violation of the terms of indenture or contract towards any such child so bound to service, such child
may make complaint thereof to the board of directors of this
corporation, or to two justices of the peace of the county in
which such child is so bound to service, or to the mayor, recorder,
or aldermen of any city in which such child is bound to service,
or to any two of them who shall summon the parties before
them, and examine into, hear and determine the said complaint;
and if upon such examination the said complaint shall appear
well founded, they shall, by certificate under their hands, discharge such child from his obligation of service, and restore him
or her to the charge and management of this corporation in the
same manner, and with like powers as before the indenture of
such child.
Prohibition   SEC. 21. No person shall accept from any journeyman or apbiding p- rentice, indentured as aforesaid, any contract or agreement, nor
nttsetup cause him or her'to be bound by oath or otherwise during his or
trade,    her term of service, that such journeyman or apprentice shall
not set up his or her trade, profession or employment in any
particular place, shop or cellar; nor shall any person exact from
any journeyman or apprentice, after his or her term  of service
is expired, any money or other thing for using or exercising his
or her trade, profession or employment in any place.
security   SEC. 22. Every security given contrary to the provisions conforegoing  tained in the last preceding section of this act, shall be void, and
section void.
v  any money paid or valuable thing delivered for the consideration, in part or in whole,.of any such agreement or exaction,
may be recovered back with interest, by the person paying the
same; and every person accepting such agreement, causing such
obligations to be entered into, or exacting money or other
thing as aforesaid, shall forfeit one hundred dollars to the apprentice or journeyman from whom  the same shall have been
received.




NEW YORK JUVENILE ASYLUM.                          399
SEC. 23. Upon the death of any master to whom  any child UPon death
may have been bound to service, under the provisions of this denturemay
act, the executors or administrators of such master may, with 
the consent of the child so bound to service, signified in writing,
acknowledged and approved by the board of directors of this
corporation, assign the indenture or contract of such service to
some other person, which assignment shall transfer to and vest
in such assignee all the rights of the original master, and also
make him subject to all his obligations.
SEc. 24. The board of directors of this corporation shall be Board de
clared
the guardians of every child, bound or held for service, by vir- guardians of
tue and in pursuance of the provisions of this act.  They shall
take care that the terms of the contract be faithfully fulfilled,
and that such person-be properly treated; and it is hereby made
their special duty to inquire into the treatment of every such
child, and redress any grievance in manner prescribed by law.
And it shall be the duty of the master or his assignee, to whom
any such child shall be bound to service, and he shall, by the
terms of the indenture, be required, as often as once in every six
months, to report to the said board of directors, the conduct and
behavior of the said apprentice or child so bound to service, and
whether such apprentice is still living under the care of the person to whom he was originally bound, and if not, where else he
may be.
SEC. 25. [Amended by chap. 387, Laws of 1854, so as to read Report  to
as follows:] The board of directors of the said corporation shall, ture.
on or before the fourth Monday of January, in each and every
year, make a detailed report to the Legislature of the state and
to the common council of the city of New York, of the whole
number of children received -into the asylum during: the year,
specifying their sex, place of nativity, age, residence, health at
the time of admission, state of education, religious instruction,
whether their parents are living or dead, temperate or intemperate, the time devoted to instruction, the nature and amount of
punishment, the cases of disease, the number apprenticed or who
shall have escaped, died, or been restored to parents or guardians, or returned to the committing magistrate during the year,
and also such information as they may have received oT those
who have been bound out or apprenticed, as well as the facts
generally in relation to the performance of their duties, also
their industrial occupations, with their results, the receipts and
expenditures and financial condition of the corporation and its
general operations, with their results.
SEC. 26. It shall be the duty of the common council of the Comon   t
city of New York, by committee or otherwise, in its discretion, visit.asrto visit and inspect the said New York Juvenile Asylum twice year.tw
at least in each year.




400              ACTS RELATING TO THE CITY OF NEW YORK.
Pecuniary    SEC. 27. To provide the pecuniary means for the establishmeans for
support of ment and support of the said New  York Juvenile Asylum,
asylum, how
provided.  whenever it shall be proved to the board of supervisors of the
city and county of New York, by affidavit or affirmation of the
president and secretary of the said asylum, that fifty thousand
dollars in money or approved securities, have, by voluntary
subscription or otherwise, been raised for the purposes of such
asylum, and deposited to the credit of that corporation in one
of the incorporated banks of the city of New York, or of the
banks formed under the general banking law, the said board
of supervisors may, in their discretion, raise and collect a like
amount of fifty thousand dollars by tax upon the real and personal property of the said city and county, to be so levied and
collected at the same time and in the same manner as the contingent charges and expenses of the said city and county are
levied and collected. Such moneys so raised by this corporation,
and the said board of supervisors, to be together expended by
said corporation in procuring the necessary buildings, sites and
lands, in erecting and furnishing the necessary buildings, and in
defraying the current expenses of the said asylum, until its
permanent buildings shall be completed.
Tax for spi:  SEC. 28. [Amended by chap. 43, Laws of 1858, so as to read
dren  at as follows:] In each and every year thereafter, the said board
sum of supervisors shall, in the same manner levy and collect by
tax, and pay over to the said New York Juvenile Asylum, for
the uses and purposes thereof, a sum not exceeding seventy-five
dollars per annum, and proportionally for any fraction of a year,
for each child which, by virtue and in pursuance of the provisions of this act, shall be entrusted or committed to the said
asylum from  the city and county of New York, and shall be
supported and instructed therein; but the sum to be collected
and paid by the said board of supervisors for each child so
received, supported and taught in said asylum, shall, in no
case, exceed the lowest cost of support and government of a
child of the same age in any of the public institutions at present
under the care of the ten governors of the alms-house and prison
department of the said city; the moneys so to be received from
said board of supervisors, together with all other moneys raised
by the said New York Juvenile Asylum, to be' applied to the
payment of the current expenses, and for the perfect establishment and general support of the said asylum.
Children  SEC. 29. [Amended by chap. 387, Laws of 1854, to read as
to  immi- follows:] Whenever any child, properly chargeable upon the
grant    fund placed by law at the disposal of the commissioners of
emigration, shall, agreeably to the provisions of this act, be received, supported and instructed in the said New York Juvenile
Asylum, the said corporation shall be entitled to receive therefor,, from that fund, sixty dollars per annum, and proportionally




NEW YORK JUVENILE ASYLUM.                       401
for any fraction of a year, for every such child so received, supported and instructed in said asylum;'but in no case shall the
sum so received exceedthe lowes expense to the city and
county of New York, of a child of the same age in any of the
public institutions under the charge of the ten governors of the
alms-house and prison department of the said city and county.
SEC. 30. The schools established and maintained by the New Shooe to
York Juvenile Asylum, shall participate in the distribution of common
the common school fund, in the same manner and degree as the
common schools of the city and county of New York.
SEC. 31. This act shall take effect immediately.
1856.-CHAPTER LVII.
AN ACT to amend " An act to incorporate the New York Juvenile
Asylum," passed June 30, 1851.-Passed March 27, 1856,
three-fifths being present.
The People of the State of New York, represented in Senateand
Assembly, do enact as follows:
SEC. 1. To provide the pecuniary means for the completion Funds, how
of the necessary buildings of the New York Juvenile Asylum, rased
and to aid in furnishing said buildings and in defraying the expenses thereof, whenever it shall be proved to the board of
supervisors of the city and county of New York, by the affidavit
or affirmation of the president and secretary of the said asylum,
that in addition to the sum specified in section twenty-seven of
" An act to incorporate the New York Juvenile Asylum," passed
June thirtieth, one thousand eight hundred and fifty-one, the
further sum of twenty thousand dollars in money or approved
securities, have, by voluntary subscription or otherwise, been
raised for the purposes of said asylum, the said board of supervisors may, in their discretion, raise and collect a like sum of
twenty thousand dollars by tax upon the real and personal property of the: said city and county, to be so levied and collected
at the same time and in the same manner, as the contingent
charges and expenses of the said city and county are levied and
collected. Such moneys so raised by said New York Juvenile
Asylum, and the said board of supervisors, to be together expended by said corporation in completing the necessary buildings, in furnishing. the same, and in defraying other necessary
expenses of said asylum.
SEC. 2. Whenever, after careful and diligent search and in- urfty ores u.
guiry,.:2~~     ~. p   w             perintend
quiry, the policeman whose duty it was to serve the notice t.
26




402             ACTS RELATING TO THE CITY OF NEW YORK.
described in the eleventh section of the act hereby amended,
shall not have found either the father, mother, legal guardian,
or person with whom, according to the examination of the child
and the testimony, if any, received by such magistrate, it shall
be the duty of the superintendent of the house of reception to
cause the following notice, with the proper blanks inserted, to
be posted up in a conspicuous place in the police station house
nearest the alleged residence of the child, viz.:
Notice.-This is to certify that, a child of about the
age of   years,      hair,    eyes,    complexion,
in height, and said to be of   descent, was on the     day
of, 18, committed by         to the house of reception of the New York Juvenile Asylum, number twenty-three
West Thirteenth street, and that after careful search and inquiry
made by, neither the parents, legal guardians or persons
with whom said    is alleged to have resided, can be found.
New York,    18                        Superintendent.
And the posting of said notice as above required, shall be
deemed as equivalent to having duly served it on the parent
or guardian or person with whom  the child was alleged to
have resided, in cases where they or either of them could be
found.
1858.-CHAPTER XLIII.
AN ACT in relation to the New  York Juvenile Asylum.Passed March 25th, 1858, three-fifths being present.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. (Incorporated in act amended.)
Mer t     SEC. 2. To provide the pecuniary means for the purchase of
land for  land, and the erection of a house of reception for the New
erection of
house of re- York Juvenile Asylum, and to aid in furnishing said building
ception,&. and in defraying the expenses thereof, whenever it shall be
proved to the board of supervisors of the city and county of
New York, by the affirmation or affidavit of the president and
secretary of the said asylum, that in addition to the sum specified in section twenty-seven of " An act to incorporate the New
York Juvenile Asylum," passed June thirtieth, one thousand eight
hundred and fifty-one, and also in addition to the farther sum specified in section one of " An act to amend an act to incorporate the
New York Juvenile Asylum," passed March twenty-seventh, one
thousand eight hundred and fifty-six, the further sum of twenty




SAILOR'S SNUG H-IARBOR.                            403
thousand dollars, in money or approved securities, have by voluntary subscriptions or otherwise been raised for the purposes
of said asylum, the said board of supervisors may in their discretion raise and collect a like sum of twenty thousand dollars
by tax upon the real and personal property of the said city and
county, to be so levied and collected at the same time and in
the same manner as the contingent charges and expenses of the
said city and county are levied and collected; provided, however, that if any balance of the sum  of forty thousand dollars
levied and collected forthe year eighteen hundred and fifty-seven,
by the said board, in pursuance of the twenty-eighth section of
the act of June thirtieth, eighteen hundred and fifty-one, incorporating the said asylum, shall yet remain unexpended, then it
shall be lawful for the said board to direct such unexpended
balance of said moneys to be immediately paid to the said asylum on account of the sum of twenty thousand dollars authorized by this act; and in such case only so much as shall yet
remain of the said last-mentioned  sum  of twenty thousand
dollars, shall be levied and collected by virtue hereof. All such
moneys so to be raised by the said New York Juvenile Asylum
and to be paid or levied and collected by the said board, to be
together expended by the said New York Juvenile Asylum, for
the purposes specified in the first clause of this section.
SEC. 3. This act shall take effect immediately.
SAILOR'S SNUG HARBOR.
1S06.-CHAPTER  IV.
CONTENTS.
9. Act of incorporation, to be construed benignly.
2. Corporation, who the trustees thereof.
3. Style and corporate rights.
1. Estate, R. R. Randall, bequeathed to trustees for building a marine hospital, &c.
5. Officers, trustees to choose.
6. Security may be demanded of.
7. Officers to hold their offices during pleasure of trustees.
5. President and other officers, how elected.
2. Trustees.
4. Empowered to make rules, &c.
8. Five a quorum.
AN  ACT to incorporate the Trustees of the Marine Hospital, called
the Sailor's Snug Harbor, in the City of New  York.-Passed
February 6, 1806.
Whereas, it is represented to the Legislature, that Robert reamblo.
Richard Randall, late of the city of New  York, deceased, in




404              ACTS RELATING TO THE CITY OF NEW YORK.
and by his last will and testament, duly made and executed,
bearing date the first day of June, in the year of our Lord one
thousand eight hundred and one, did, after bequeathing certain
specific legacies therein mentioned, among other things give,
devise and bequeath all the residue of his estate, both real and
personal, unto the Chancellor of this state, the mayor and recorder of the city of New York, the President of the Chamber
of Commerce in the city of New York, the president and vicepresident of the Marine Society of the city of New York, the
senior minister of the Episcopal church in the said city, and
the senior minister of the Presbyterian church in the said city,
for the time being, and to their successors in office respectively,
in trust, to receive the rents, issues and profits thereof, and to
apply the same to the erecting or building on some eligible
part of the land whereon the testator then resided, an asylum
or marine hospital, to be called "the Sailor's Snug Harbor,"
for the purpose of maintaining and supporting aged, decrepid
and worn-out sailors, as soon as the said trustees, or a majority
of them, should judge the proceeds of the said estate would
support fifty of such sailors and upwards; and that the said
testator, in his said will, declared his intention to be, that the.said estate should at all events be applied to the purposes
aforesaid, and no other, and if his said intent could not be carried into effect without an act of incorporation, he therein expressed his desire that the said trustees would apply to the
Legislature for such incorporation: And whereas, the said trustees have represented that the said estate is of considerable
value, and, if prudently managed, will in time enable them to
erect such hospital, and carry into effect the intent of the testator; but that as such trustees, and being also appointed executors of the said will in virtue of their offices, and only during
their continuance in the said offices, they have found that considerable inconveniences have arisen in the management of the
said estate, from the changes which have taken place in the ordinary course of the elections and appointments to those offices,
and have prayed to be incorporated for the purposes expressed
in the said will, and such prayer appears to be reasonable:
Therefore,
Trustees.    I. Be it enacted by the People of the State of New York, represented in Senate and Assembly, That John Lansing, junior, the
Chancellor of this state, De Witt Clinton, the mayor, and Maturin Livingston, the recorder of the city of New York, John
Murray, the president of the Chamber of Commerce of the city
of New York, James Farquhar, the president, and Thomas Farmer, the first vice-president of the marine society of the city of
New York, Benjamin Moore, senior minister of the Episcopal
church in the said city, and John Rodgers, senior minister of the
Presbyterian church in the said city, and their successors in office
respectively, in virtue of their said offices, shall be and hereby




SAILOR'S SNUG  HARBOR.                        405
are constituted and declared to be a body corporate, in fact and
in name, by the name and style of the trustees of the Sailor's
Snug Harbor in the city of New York, and by that name they
and their successors shall have continual succession, and shall
be capable in law of suing and being sued, pleading and being
impleaded, answering and being answered  unto, defending
and being defended, in all courts and places, whatsoever,
and in all manner of actions, suits, complaints, matters and
causes whatsoever, and that they and their successors may have
a common seal, and may change and alter the same at their
pleasure; and also, that they and their successors, by, the name
and style aforesaid, shall be capable in law of holding and disposing of the said real and personal estate devised and bequeathed
as aforesaid, according to the intention of the said will, and the
same is hereby declared to be vested in them and their successors
in office, for the purposes therein expressed, and shall also be
capable of purchasing, holding and conveying any other real
and personal estate, for the use and benefit of the said-corporation, in such manner as to them, or a majority of them, shall
appear to be most conducive to the interest of the said institution.
II. And be it further enacted, That the said trustees shall have Powers of
power, from time to time, to make all proper and necessary
rules and regulations for the government of the said corporation,
not inconsistent with the constitution and laws of the United
States and of this state, and to elect one of their number to be
their president, and to appoint a clerk and treasurer, and such
other officers as they may think proper, for the management of
the business and concerns of the said corporation, and to take
and demand, if they shall deem  it expedient, from  every such
treasurer and other officers, such security for the faithful execution of their duty, and the performance of the trust reposed in
them respectively, as to.the said trustees shall seem proper, and
every bond or other security so taken by them, shall be valid
in law, and entitle the said trustees to sue and recover therein,
according to the legal operation or effect thereof; and the said
officers shall respectively hold their offices during the pleasure
of the said trustees, and that any five or more of the said
trustees shall constitute a quorum to transact any of the business
and concerns of the said corporation.
III. And be it further enacted, That this act shall be deemed
and taken to be a public act, and be construed in all courts
and places benignly and favorably, for the purposes therein intended.




406               ACTS RELATING TO THE CITY OF NEW  YORK.
1814. —CHAPTER LXIX.
AN  ACT to amend the act, entitled " An act to incorporate the
Trustees of the Marine Hospital, called the Sailor's Snug Harbor, in the city of New York."-Passed March 25, 1814.
Recital.    TWheereas, the trustees of the Sailor's Snug Harbor, have represented that doubts exist as to whom, in the contemplation of
the act of incorporation, are to be considered the senior ministers of the Episcopal and Presbyterian churches, in the city of
New Yorkl: Therefore,
Certai Pr   I. Be it enacted by the People of the State of New  York, repclared to beresented in Senate and Assembly, That the rector of Trinity
trustees,. church, in the said city, or in case of his sickness or absence, the
assistant rector of the said church performing the functions of
rector, and the minister of the Presbyterian church, in Wall
street, in the said city, and in case there is more than one minister in the said church, then the minister first established in the
said church, shall be the trustees of the said corporation.
II. And be itfurther enacted, That it shall be the duty of the
said corporation to make an annual report to the Legislature
and to the common council of the city, of the state of their
funds.
1828.-CHAPTER CCLXXVI.
AN  AC T jfrther to amend the act, entitled " An act to incorporate
the Trustees of the Marine Hospital, called the' Sailor's Snug
Harbor,' in the city of New  York," passed March 25th, IS14.
-Passed April 19, 1828.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
ragdato be   SEC. 1. The trustees of the Sailor's Snug Harbor, in the city
of New York, are hereby authorized to adopt all such measures
as may be necessary, to regulate the tract of land devised to
them by the last will and testament of Robert Richard Randall,
so as to make it conform to the permanent plan of the city;
and for that purpose the said trustees may dig down their
ground, where it is too high, and remove it to other parts of the
said premises, which are too low: And further, That it shall be
lawful for the said trustees to sell and dispose of their surplus
earth.
pital to be   SEC. 2. The said trustees shall be, and hereby are authorized
erected,  to purchase a suitable and convenient tract of ground, lying upon




SAILOR'S SNUG HARBOR.                          407
the Island of New York, or adjacent thereto, and fronting upon trt hoepital to  be
the North or East river, or in the vicinity thereof, upon which erected.
it shall be lawful for the trustees to build and erect a marine
hospital, to be called and known forever as the Sailor's Snug
Harbor.
SEC. 3. In the main or centre building shall be placed a suit- tuo of R.
able statue of Robert Richard Randall, with an inscription designating him as the munificent donor thereof; but that such ground
shall not be purchased by the said trustees for the purpose aforesaid, until the approbation of the Court of Chancery shall be
first had and obtained.
SEC. 4. So soon as a suitable site for such marine hospital Lotsto be
shall be purchased, with the approbation of the Court of Chancery, it shall be lawful for the said trustees to lease all the lots
now belonging to the Sailor's Snug Harbor, on such terms and
conditions, and under such covenants, as they may deem most
beneficial for the interests thereof.
SEC. 5. The Sailor's Snug Harbor, or the trustees in behalfh Idlads.
thereof, may take, hold and enjoy, in fee simple, forever, any
lands, tenements or other property, which may hereafter be devised to them, notwithstanding they be a body corporate.
1835 -CHAPTER CXXIV.
AN  ACT to amend the act, entitled "An act in relation to the
Trustees of the Sailor's Snug Harbor in the city of New York,"
passed April 23, 1834.-Passed April 20, 1835.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The trustees of the Sailor's Snug Harbor in the city Landmaybe
of New York, are hereby authorized to dispose of and convey changed.
in fee, either by sale or in exchange for other adjacent land, all
or any part of the land included within the gores or slips of
land described on the map in the said act referred to; also such
parts of the two lots on the Bowery, adjoining on gore E, as
they may think best for the interest of the institution.
SEC. 2. The said trustees shall cause the said map to be filed Mapto be
with the register of the city and county of New York, before
they shall sell or exchange any portion of said land.
SEC. 3. The proceeds of any such sales shall be invested by the Proceeds
said trustees in real estate, as near as practicable to the original ed.




408             ACTS RELATING TO THE CITY OF NEW YORK.
trust estate, upon the same trusts as the lands hereby authorized to be sold are now held.
Additiona    SEC. 4. The governor, with the advice and consent of the
Senate, shall appoint three additional trustees of the Sailor's
Snug Harbor, being freeholders and residents of the city of
New York, who shall, during the term  for which they are appointed, have co-ordinate powers with the other trustees in
every respect.
their oice.O  SEC. 5. Such additional trustees shall hold their offices for
three years, and in case of vacancy before the expiration of said
term, such vacancy shall be filled, for the residue of the term,
in the same manner.
SEC. 6. This act shall take effect immediately on the passage
thereof; and the Legislature may at any time alter, modify or
repeal the same.
SEAMEN'S FUND AND RETREAT.
1831.-CHAPTER  CCXXXIV.
AN ACT to provide for Sick and Disabled Seamen.-Passed
April 22, 1831.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Trustees of   SEC. 1. [As remaining unaffected by Laws of 1854.] From
Seamen's
Fund and  and after the passage of this act, the respective sums of money,
now levied and collected by law upon masters, mates, mariners
and seamen arriving at the city or port of New York, shall be
collected and paid over to the trustees by this act constituted,
to be denominated " The Trustees of the Seamen's Fund and
Retreat in the city of New York."
Reeattob   SEC. 2. As soon after the passage of this act as may be conerected. venient, there shall be constructed by and under the direction
of said trustees, within the counties of New York, Richmond
or Kings, on some suitable and healthy spot, a convenient building or buildings, as the state of the funds may admit; or the
said trustees may hire such buildings as they may deem necessary and proper, to be called the   Seamen's Retreat," which
shall be exclusively appropriated to and for the use of sick and
disabled seamen; but no person shalt be received or admitted
into said retreat, until every such person shall produce satisfactory proof to said trustees, that lie hath, previous to the time




SEAMEN'S FUND AND RETREAT.                       409
of making application to be thus admitted, paid the tax imposed
by law on seamen arriving at the city and port of New York:
The title to all lands to be purchased under this act shall be
deemed to be vested in and belong to the people of this state.
SEC. 3. Superseded by chap. 172, Laws of 1854.            Ofcers.
SEC. 4. All necessary expenditures for rent, fuel and station- Contingent
ery, for the use of said trustees, shall be paid from the money
collected by tax imposed by law on seamen, and the secretary
of said trustees shall receive such compensation for his services
as the said trustees may direct to be paid in manner aforesaid.
SEC. 5. The said trustees shall devise and direct such mode Txo, how to
or modes of collecting and receiving said tax as by them  shall
be deemed most expedient, with the right of deducting for the
expenses of collecting and receiving the same a commission not
exceeding two and a half per cent.; and the said trustees shall,
without unnecessary delay, appropriate the money so collected to
the erection or otherwise providing a suitable hospital or other
buildings as aforesaid, for the accommodation of sick and disabled seamen; and the said trustees shall, after deducting all
necessary expenses of said retreat, annually invest any balance
remaining in their hands in such manner as the said trustees
may deem for the best interests of those from whom said money
has been collected.
SEC. 6. The said trustees shall havepower to appoint a physi- Phrss
cian, assistants, nurses, and other attendants to said hospital or
retreat, and who shall be under the control and direction of
said trustees, and to fix the amount of salary or other compensation to be allowed the said physician and other attendants, and
to pay the same out of the fund collected by the tax upon seamen
as aforesaid: The said trustees shall also have power to make
such'rules and regulations for the government of said hospital
or retreat, as may from time to time be deemed necessary and
expedient: It shall be the duty of said trustees to contract
with the health commissioners for the support of all sick and
disabled seamen who are subject to quarantine, and shall pay
to said commissioners the reasonable expenses of all such sick
and disabled seamen during the time they shall be subject to
quarantine, and remain at the marine hospital under the direction of said health commissioners.
SEC. 7. Superseded by chap. 172, Laws of 1854.               ee to
report annu,
ally.
SEC. 8. The said trustees shall have power to receive from Threceo.
the treasury all such sums of money as shall have been paid into ner's Fund.
the treasury as a part of the "Mariners' Fund," and which




410              ACTS RELATING TO THE CITY OF NEW YORK.
have not been paid out under any act appropriating the same,
and all such sums as may be in the hands of the health commissioners belonging to the said fund, which money shall be used
and accounted for as hereinbefore provided.
RepeaI.    SEC. 9. So much of section seven, of title four, of chapter
fourteen, of the first part of the Revised'Statutes, as authorizes
the commissioners of health, of the marine hospital, to receive
and collect hospital money from masters, mariners or seamen, of
all vessels arriving in the port of New York, is hereby repealed;
but nothing contained in this act shall prevent said health commissioners from collecting from the master of every vessel, such
sums as may be due from such master for any steerage or cabin
passenger, as provided in the seventh section of title four above
mentioned.
vacancies.
Tax.       SECS. 10, 11 and 12. Superseded by chap. 172, Laws of 1854.
Quarantine
regulations.
Juve'i d-   SEC. 13. The eight thousand dollars appropriated by the act
entitled "An act to create a fund in aid of the Society for the
Reformation of Juvenile Delinquents in the city of New York,
and for other purposes," passed April 29th, 1829, shall continue
to be paid to  said society, in the manner and at the time
therein specified, out of the moneys collected from passengers
by the provisions of title four, chapter fourteenth, part first of
the Revised Statutes; but if the amount collected from passengers should be insufficient (after paying all the expense of the
quarantine establishment at Staten Island) to meet the eight
thousand dollars now appropriated from the " Hospital Funds,"
for the support of the Society for the Reformation of Juvenile
Delinquents in the city of New York, then the balance to make
up-said eight thousand dollars shall be appropriated annually
from the State treasury.
1840.-CHAPTER  CCCXV.
AN ACT to amend an act, entitled " An act to provide for Sick
and Disabled Seamen, passed April 22, 1831.-Passed May 14,
1840.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SECS. 1, 2 and 3. Superseded by chap. 172, Laws of 1854.
Of collector SEC. 4. The person appointed to collect the moneys above
mentioned, shall also take the oath of office, and give bonds for
the faithful performance of his duties, to be approved of by the
trustees.




SEAMEN'S FUND AND RETREAT.                        411
18S7.-CHAPTER  CCCLXXIII.
AN ACT to amend an act, entitled "An act to provide for Sick
and Disabled Seamen," passed April 22, 1831.-Passed November 16, 1847, " three-fifths being present."
7`The People of the State of New York, represented in Senate and
Assembly, do enact asfbllows:
SEC. 1. As soon after the passage of this act as may be con- uildingd to
venient, there shall be provided by the trustees of the " Seanen's Fund and Retreat in the city of New York," on the
grounds now owned by said institution, a suitable building or
buildings, which shall be exclusively appropriated to and for the
use of the following persons, viz.:
The destitute, sick or infirm mothers, wives, sisters, daughters, Fr wghi
or widows of seamen; but no person shall be received into the
retreat, unless satisfactory proof be furnished to the trustees,
that the husband, brother, son, or father of the applicant, as the
case may be, hath, previous to the time of making such application to be admitted, paid the tax imposed by law on seamen
"arriving at the port of New York," for the term of two years.
SEC. 2. The sum of ten thousand dollars is hereby appropri-Appropr
ated out of so much of the surplus of the moneys paid to the
credit of the mariner's fund, as was excepted from the operation
of the act entitled an act concerning passengers, in vessels
arriving at the city of New York, by the trustees of the seamen's fund and retreat, to defray the expenses which may be
incurred by the trustees aforesaid, in carrying out the foregoing
provisions of this act. And the said trustees are hereby authorized and directed to provide annually for the support and care
of the persons mentioned in this act, out of any funds which
shall accrue in their hands, levied and collected by law upon
"l masters, mates, mariners and seamen arriving at the city and
port of New York, over and above what shall be required to
meet the current charges for the support of the seamen's retreat."
SEC. 3. The said trustees shall have power to appoint such Atddito,
additional attendants as may be required in the said retreat for may beapfemales, and to fix the amount of salary or other compensation
which shall be allowed to them; and to make such rules and
regulations for the government of said retreat, as they may,
from time to time, deem necessary. Provided, that the board ofProvi'o
managers of the Mariner's Family Industrial Society, of the port
of New York, may recommend to the said trustees suitable persons to be employed as matrons, nurses and assistants in the
said retreat, and provided, also, that the said society may recom



412               ACTS RELATING TO THE CITY OF NEW YORK.
mend, upon such conditions as shall be prescribed by the
trustees aforesaid, persons to be relieved from said fund, or
received into the said retreat for females, subject to the approval of the said trustees.
Trustes to  SEC. 4. The said trustees shall annually, on the first Monday
report annually to the of January, render to the comptroller of the state, an exact and
comptroller.     seicao                            t
minute specification of the purposes to which the money appropriated and directed to be disbursed by this act, has been
applied, and the items expended for each object; also, they
shall state the number of persons relieved from said fund, or
received into the said retreat for females, the number discharged,
the number then remaining in said retreat, and the number of
those who applied for admission and were rejected.
Certain pay-  SEC. 5. After the passage of this act, the said trustees of the
be made af- seamen's fund and retreat, and the said fund and retreat, shall
ter the pnssago of this be discharged from the payment to the commissioners of health
act.    of the city of New York, or to the fund collected from passengers, all sums of money heretofore loaned by the said commissioners of health out of the fund collected from passengers, to
the said trustees of the seamen's fund and retreat, by virtue of
the act, entitled " An act to enable the trustees of the seamen's
fund and retreat to borrow money from  the passengers' fund,"
passed February thirteen, one thousand eight hundred and
forty-six, and by virtue of the act, entitled "An act to enable
the trustees of the seamen's fund and ret-reat to borrow money
from the passengers' fund," passed April 6, 1837.
nepeal.    SEC. 6. All laws and parts of laws now in force, inconsistent
with the provisions of this act, are hereby repealed.
SEC. 7. This act shall take effect immediately.
1847.-CHAPTER CCCCLXIII.
AN ACT to amend an act entitled " A  act to amend an act entitled
an act to provide for Sick and Disabled Seamen," passed April
22, 1831; passed November 16, 1847.-Passed December 14,
1847, "three-fifths being present."
The People of the State of New  York, represented in Senate and
Assembly, do enact as follows:
Commissionf   SEC. 1. The commissioners of health of the city of New York
ae to pay are hereby directed to pay into the treasury of this state, the
$10,000.




SEAMEN'S FUND AND RETREAT.                        413
sum of ten thousand dollars from the sum paid by the trustees
of the seamen's fund and retreat to the said commissioners; and
when so paid into the treasury, the same shall be paid out, on
the warrant of the comptroller, to the trustees of the seamen's
fund and retreat, to be applied by them in pursuance of the provisions of the first and second sections of the act entitled "An
act to amend an act entitled an act to provide for sick and disabled seamen,"passed April 22, 1831, passed November 16, 1847.
SEC. 2. The trustees of the seamen's fund and retreat are Trusteesof
Seamen's
authorized to pay out of any surplus moneys in their hands, such FundandRe,
sums as they shall think proper to the support and relief of the out monys.
necessitous, destitute, sick or infirm  mothers, wives, sisters,
daughters or widows of seamen who have contributed to the
funds of said retreat as provided in the act hereby amended, at
such times and places as shall by them be deemed best calculated
to promote the objects of this section of this act.
SEC. 3. This act shall take effect immediately.
1849.-CHAPTER  CCCCXVIII.
AN ACT to amend an act entitled " An act to provide for Sick and
Disabled Seamen," passed April 22, 1831.-Passed April 11,
1849, " three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The sum of six thousand one hundred and sixty-six Appropriadollars and thirteen cents, now remaining in the state treasury
to the credit of the marine fund, shall be paid out, on the warrant of the comptroller, to the trustees of the seamen's fund and
retreat, to be applied, in pursuance of the act of April 22, 1831,
entitled " An act to provide for sick and disabled seamen."
SEC. 2. The said sum shall be invested by the said trustees in How inestthe stock of the state of New York, and the interest thereon, if
any surplus remain in their hands after paying the expenses of
the said retreat, shall be applied to the relief of the distressed
families of seamen and their orphan children, unless otherwise
specially required for the wants of the seamen's retreat.
SEC. 3. The said board of trustees shall pass proper by-laws By-laws
and ordinances for regulating the manner of distributing such
surplus.
SEC. 4. This act shall take effect immediately.




414               ACTS RELATING TO THE CITY OF NEW YORK.
1854. —CHAPTER CLXXII.
AN  ACT in relation to the Moneys levied by Law on Masters,
Mates, Mariners and Seamen arriving at the City and Port of
N~ew York, and the disposal of the same by the Trustees of the
Seamen's Fund and Retreat.-Passed April 7, 1854.
The People of the State of New  York, represented in Senate
and Assembly, do enact as follows:
Trustees.    SEC. 1. The trustees of the seamen's fund and retreat, in the
city of New York, shall consist of the following persons, who
shall be residents of the city and county of New York, or of the
counties of Kings, Queens or Richmond, namely: the mayor of
the said city, the health officer of the city and port of New
York, the president of the Seamen's Savings Bank, and the
president of the mari.ne society in the said city, and their successors in office for the time being, and seven other persons to
be appointed by the governor of this state, by and with the consent of the Senate, for the term  of three years, four of which
seven shall be or shall have been ship masters, who shall be a
corporate body for the purposes of this act; vacancies shall be
supplied by appointment or by succession in office in the same
manner as aforesaid.
ofcers and   SEC. 2. The said trustees shall choose one of their number to
their comr
pensaton. be president, and shall appoint a secretary to hold his office
during the pleasure of the trustees; the trustees shall receive
no compensation for their services; the secretary and collector
shall receive compensation, to be fixed, from time to time, by
the trustees. The secretary shall take the oath of office, and
shall give bonds to the satisfaction of the trustees for the perBy-laws.  formance of the duties of his office.  The trustees may, friom
time to time, make rules and regulations for their own government, for the control, management and government of the persons in employment under them, and of the persons who shall
be received into the said retreat, and for the receiving and disAccounts.  charging of such persons. The secretary shall keep the accounts
and books of account of the institution, shall examine the accounts which the collector shall render to him  weekly, and
shall receive the balances in his hands and deposit the same
immediately to the credit of the trustees aforesaid, as they shall
direct, and shall perform such other duties, as secretary, as the
board of trustees shall, from  time to time, direct; or the said
trustees of the seamen's fund and retreat may dispense with the
appointment of the collector and all that appertains to his
duties, and advise and direct such mode or modes of collecting
and receiving the hospital tax as by them shall be deemed most
expedient, either through the custom-house or otherwise, with
the right of deducting, for the expenses of collecting and re



SEAMEN'S FUND AND RETREAT.                         415
ceiving the same, a commission not exceeding two and a half
per cent.
SEC. 3. The title of all lands acquired or held by them shall Title of land
to vest in the
be vested in the people of this state.  The seamen's retreat sate.
shall be exclusively in charge of the trustees aforesaid, and appropriated to the use of sick and disabled seamen; but no person shall be admitted into the same without satisfactory proof
that he hath previously paid the tax imposed by law on masters, mates or seamen arriving at the port of New York.
SEC. 4. The said board of trustees shall appoint the needful Pysiians
physicians, assistants, nurses, attendants and servants of the said
hospital and retreat;:regulate their salaries and wages, apply
the funds coming into their hands for the payment of the same,
and may discharge the same persons from  time to time; they
shall also, out of such funds, defray all needful expenditures,
but shall not have power to erect any new hospital or dwelling
without warrant of the Legislature.
SEc. 5. The president of said trustees shall demand and be Funs bhow
entitled to receive, and in case of neglect or refusal to pay,
shall sue for and recover, in the name of the people of this
state, the following sums, from either the owner or owners, or
from the master, or from both such owner or owners and master
of every vessel that shall arrive at the port of New York,
namely:
First. For every vessel from a foreign port-for the master,
one dollar and fifty cents; for each mate, one dollar; for each
sailor or mariner, fifty cents.
Second. For every coasting vessel-for each person on board
composing the crew of such vessel, twenty cents; but no coasting vessel from the state of New Jersey, Connecticut or Rhode
Island, shall pay for more than one voyage in each month, computing from the first voyage in each year.
And the said president may sue the said owner or owners; or
the said masters, or both such owner or owners and master, for
the penalties imposed by law, on masters of coasting vessels,
for non-payment of hospital moneys.
SEC. 6. The health officers shall not grant a permit to any Hospital
vessel, subject to quarantine, to approach the city of New York paid, or ves
beyond the place assigned for quarantine, until satisfactory evi- lowed to en.
dence shall be adduced that all hospital money demanded from ter port.
the master of such vessel has been duly paid, or until satisfactory security be given that the same will be paid.
SEC. 7. It shall be the duty of the said trustees to contract




416              ACTS RELATING TO THE CITY OF NEW YORK.
commissioners for the suppor of sick and dis-   h h hth cmmssnrsr h    p   of iiabled    seamen.    abled seamen who were subject to quarantine, and shall pay to
the said commissioners the reasonable expenses, so contracted
for, of all such sick and disabled seamen, during the time they
shall be subject to quarantine and remain at the marine hospital under their direction.
purredss      SEC. 8. The said trustees shall pay to the supervisors of the
the.i count county of Richmond all fees, expenses and charges which may
to be paid. be incurred by the said county for the transportation, confinement, trial or maintenance of any mariner or seafaring person
charged with the commission of any crime or misdemeanor
within the limits of said retreat, or who shall be under the
charge of the said trustees, which expenses shall bepaid by the
said trustees upon the order in writing of the said supervisors,
and duly attested by the affidavit of the clerk of the said
county.
Account to  SEC. 9. The said trustees shall annually render to the compto comptrol- troller of the state of New York an account of all moneys collected or received by them, and of all expenditures thereof, and
of all the surplus moneys, if any, in their hands, and the disposition thereof by them made; which accounts shall specify, particularly, the sources from which the moneys have been received, and the purposes to which the same have been applied,
and shall be verified by the president and secretary of the said
trustees, and rendered on the first Monday of January, yearly.
They shall also specify the number of seamen received into the
retreat, and of those discharged therefrom or deceased, and the
number remaining, and the number and class of diseases, and the
average time of treatment of each patient, and the daily cost to
the fund for each patient.
Ton per cent.  SEC. 10. The trustees of the seamen's fund and retreat, in the
mariner's fa- city of New York, are hereby authorized and instructed to pay
milsyluover, monthly, to the treasurer of the mariners' family asylum,
for the maintenance of said asylum, ten per cent. of the amount
of moneys collected the previous month, by law, upon masters,
mates, mariners and seamen arriving in the city and port of New
York.
SEC. 11. All acts and parts of acts, inconsistent with this act,
are from henceforth superseded by this act.
SEC. 12. This act shall take effect immediately.




SEAMEN'S FUND AND RETREAT.                       417
1854.-CHAPTER CXCIX.
AN ACT in relation to the Moneys Levied by Law on Masters,
Mates, Mariners and Seamen arriving at the City and Port of
New York, and the disposal of the same by the Trustees of the Seamen's Fund and Retreat, and of the Mariners' Family Asylum.Passed April 12, 1854.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The mariners' family industrial society of the port Asylum.
of New York, together with their board of counsellors and
their successors in office for the time being, shall have the control and management of the building erected on the grounds of
the seamen's retreat, agreeably to an act passed March 17th,
1851, and known as the "Mariners' Family Asylum," and the
ground selected by the committee on the ninth of May, eighteen
hundred and fifty-one, and approved of by the trustees of the seamen's fund and retreat, and also the right of way to and from
said asylum through the grounds of the seamen's retreat until a
public street or highway shall be opened, and then such ingress
and egress shall be by said street or highway.
SEC. 2. The trustees of the seamen's fund and retreat, in the Te per ent.
city of New York, are hereby authorized and directed to pay family asy.
over, monthly, to the treasurer of the Mariners' Family Asylum, for the maintenance of said asylum, ten "per cent." of the
amount of moneys collected the previous month by law upon
masters, mates, mariners and seamen arriving at the city and
port of New York.
SEC. 3. The above named society, together with their board poey, hoW
of counsellors, shall apply such hospital moneys as shall come
into their hands, through the trustees of the seamen's fund and
retreat, for the support and relief of destitute, sick or infirm
mothers, wives, sisters, daughters or widows of seamen in said
asylum, and at such other places as shall by them be deemed
best calculated to promote the objects of this section of this act;
but no person shall be relieved from said fund, or received into
said asylum, unless satisfactory proof be furnished to the society
that the husband, brother, son or father of the applicant, as the
case may be, hath, previous to the time of making such application to be admitted, paid the tax imposed by law on seamen
arriving at the port of New York for the term of two years.
SEC. 4. The said society, together with their board of coun- Emdoyees
sellers, shall have power to appoint such attendants, matrons, pay.
nurses and assistants as may be required in said asylum for females, and to fix the amount of salary or other compensation
27




418              ACTS RELATING TO THE CITY OF NEW YORK.
which shall be allowed to them, and to make such rules and regulations for the government of said asylum as they may from
time to time deeml necessary; and said society shall annually,
during the month of January, render to the comptroller of the
state of Newv York an exact and minute specification of the
purposes to which the moneys appropriated and directed to be
disbursed by this act have been applied; also, they shall state
the number of persons relieved from said fund, or received into
the said asylum for females, the number discharged, the number
remaining in said asylum, certified by the president and secretary of the board of counsellors.
SEC. 5. All acts and parts of acts inconsistent with this act
are hereby repealed.
SEC. 6. This act shall take effect immediately.
SOCIETY FOR THE REFORMATION OF JUVENILE DELINQUENTS.
1824.-CHAPTER  CXXVI.
AN ACT to incorporate the Society jbr the Reformation of Juvenile
Delinquents in the City of New York.-Passed March 29, 1824.
Preamble.   VWhereas, by the petitions of several inhabitants of the city of
New York, it is represented that they are desirous of establishing
a society and house of refuge, for the reformation of juvenile delinquents in the said city, and have prayed to be incorporated:
Therefore,
Corporation   I. Be it enacted by the People of the State of New York, represented in Senate and Assembly, That all such persons as now are,
or hereafter shall become subscribers to the said association, pursuant to the by-laws thereof, shall be, and hereby are, constistyle, &c.  tuted a body corporate and politic, by the name of "The Managers ofthe Society for the Reformation of Juvenile Delinquents
in the city of New York;" and by that name they shall have
perpetual succession, and be in law capable of suing and being
sued, defending and being defended in all courts and places, and
in all manner of actions and causes whatsoever; and may have
a common seal, and change the same at their pleasure; and shall
be capable in law, by that name and style, of purchasing, holding and conveying any estate, real or personal, for the use of the
Provo   said corporation: Provided, That such real estate shall never exceed the yearly value of ten thousand dollars, nor be applied to
any other purposes than those for which this incorporation is
formed.




JUVENILE DELINQUENTS.                           419
II. And be itfurther enacted, That the estate and concerns of concerns t
the said corporation shall be conducted by a board of thirty by thirty
managers, to be elected by a plurality of ballots of the members mag
resident in the city of New York, being subscriberss as aforesaid,
and present at such election, yearly, on the third Monday in
November, at such place in the said city, and at such time of
the day, as the board of managers may, from  time to time, appoint, and of which public notice shall be given; and if any vacancy shall occur by the resignation, removal or otherwise, of
any one of the said board, the same shall be filled for the remainder of the year by such person or persons, being subscribers
as aforesaid, as the board, for the time being, or a major part of
them, shall appoint; and until the election on the third Monday
in November, in the year one thousand eight hundred and twenty-five, the following persons shall compose the said board of
managers, to wit: Cadwallader D. Colden, John Griscom, John FirstmanagDuer, Jonathan W. Wainwright, Isaac Collins, Thomas Eddy,
Ansel W. Ives, John T. Irving, John E. Hyde, Cornelius Dubois,
James W. Gerard, Joseph Curtis, John Stearns, Ralph Olmstead,
Robert F. Mott, Stephen Allen, Henry J. Wyckoff, Samuel Cowdrey, John Targee, Arthur Burtis, Joseph Grinnell, Hugh Maxwell, Henry Mead, Peter A. Jay, Gilbert Coutant, Cornelius R.
Duffey and James Lovett: And it is hereby further enacted, That
no manager of the said society shall receive any compensation
for his services.
III. And be tt further enacted, That if the annual election shall tections.
not take place on the stated day for that purpose, the said corporation shall not thereby be dissolved, but the members of-the
said board shall continue in office until a new election, which
shall be had at such time and place, and after such notice, as the
said board shall prescribe; and in case of an equality of votes
for any one or more persons, as a member or members of the
said board of managers, the said board shall determine which of
such persons shall be considered as elected, and such person or
persons shall take his or their seats, and act accordingly.
IV. And be it further enacted, That the said managers shall have Potyer  nhd
power, in their discretion, to receive and take into the house of managers.
refuge to be established by them, all such children, who shall be
taken up or committed as vagrants, or convicted of criminal
offenses, in the said city as may, in the judgment of the Court
of General Sessions of the peace, or of the Court of Oyer and
Terminer, in and for the said city, or of the jury before whom
any such offender shall be tried, or of the police miagistrates, or
of the commissioners of the alms-house andbridewell ofthe- said
city, be proper objects; and the said managers shall have-power
to place the said children committed to their care, during the
minority of such children, at such employments, and- to cause
them to be instructed in  such branches of useful knowledge as




420             ACTS RELATING TO THE CITY OF NEW YORK.
shall be suitable to their years and capacities; and they shall
have power, in their discretion, to bind out the said children,
with their consent, as apprentices or servants, during their minority, to such persons, and at such places, to learn such proper
trades and employments, as in their judgment will be most for
the reformation and amendment, and the future benefit and adProviso   vantage of such children; Provided, That the charge and power
of the said managers, upon and over the said children, shall not
extend, in the case of females, beyond the age of eighteen years.
vagrants d  The managers of the said society shall receive into the house
nitted into of refuge established by them  in the city of New York, whenhouse of
refuge.   ever they may have room for that purpose, all such children as
shall be taken up or committed as vagrants, in any city or county of this state, and might now, if convicted of criminal offenses
in such city or county, be sent as directed by law to said house
of refuge, if, in the judgment of the court or magistrate by whom
they shall be committed as vagrants, the aforesaid children shall
be deemed proper persons to be sent to said institution. The
powers and duties of the said managers in relation to the children whom they shall receive in virtue of this act, shall be the
same in all things as now provided by law in case of children
convicted of criminal offenses and committed to the charge of
said managers.  (As amended by chap. 241, Laws of 1860.)
V. And be itfurther enacted, That all and singular the clauses
and provisions in the act, entitled " An act concerning apprentices and servants," relating to the covenants to be inserted in the
indentures of apprentices and servants, made by the overseers of
the poor, and the provisions of the sixth, ninth, tenth, eleventh,
twelfth and thirteenth sections of the last-mentioned act, shall
apply to the apprentices and servants, and the persons to whom
they may be bound, under and by virtue of this act.
By-laws.    VI. And be itfurther enacted, That the said managers under
this act, may, from time to time, make by-laws, ordinances and
regulations, relative to the management and disposition of the
estate and concerns of the said corporation, and the management, government, instruction, discipline, employment and disposition of the said children, while in the said house of refuge,
or under their care, not contrary to law, as they may deem proper, and may appoint such officers, agents and servants as they
may deem necessary to transact the business of the said corpopa rsbe -ration, and may designate their duties; Andfurther, That the
made.   said managers shall make an annual report to the Legislature,
and to the corporation of the city of New York, of the number
of children received by them into the said house of refuge, the
disposition which shall be made of the said children by instructing or employing them in the said house of refuge, or by binding them out as apprentices or servants, the receipts and expen



JUVENILE DELINQUENTS.                           421
ditures of the said managers, and generally all such facts and
particulars as may tend to exhibit the effects, whether advantageous or otherwise, of the said association.
VII. And be itfurther enacted, That this act shall be, and is, Public act.
hereby declared a public act, and that the same shall be construed in all courts and places, benignly and favorably, for every
humane and laudable purpose therein contained.
VIII. And be itfurther enacted, That the Legislature may, at Mayrb
any time hereafter, alter, modify, or repeal this act.
1S26.-CHAPTER  XXIV.
AN ACT to amend the act, entitled " An act to incorporate the Societyfor the Reformation of Juvenile Delinquents in the city of
New York," passed March 29th, 1824, and for other Purposes.
-Passed January 28th, 1826.
I. Be it enacted by the People of the State of New York, repre- Managers to
sented in Senate and Assembly, That the managers of the society chi   aln
mentioned in the act hereby amended, shall receive and take cmintld of
into the house of refuge, established by them  in the city offences in
New York, all such children as shall be convicted of criminal county  of
the state.
offenses, in any city or county of this state, and as may, in the
judgment of the court, before whom any such offender shall be
tried, be deemed proper objects; and the powers and duties
of the said managers in relation to the children which they
shall receive in virtue of this act, shall be the same in all things
as are prescribed and provided by the act, entitled, " An act to
incorporate the society for the reformation of juvenile delinquents in the city of New York," passed March the 29th, 1824,
in respect to children, which the said managers have received,
or may receive in virtue of that act.
II. And be itfurther enacted, That the commissioners men-elth om.
tioned in the thirty-eighth section of the act, entitled, "An to account
annually to
act to provide against infectious and pestilential diseases," the comppassed March the twenty-first, eighteen hundred and twenty- trolls or
ceived for
three, shall account annually to the comptroller of the state, maio hf
for all moneys received by them, for the use of the marine hos- Pita'
pital, and if the same shall in any one year, be more than sufficient to defray the expense of executing the trust committed to
them, exclusive of such expenses, as are to be borne and paid
as part of the contingent charges of the city of New York, and
including the annual compensations granted to the said commissioners by the said act, then and in such case, the said health




422               ACTS RELATING TO THE CITY OF NEW  YORK.
When  ur commissioners shall pay such surplus over to the treasurer of
paid to the the managers of the society for the reformation of juvenile detreasurer  of   I
society.   linquents, in the city of New York, for the use of the said society; and the said commissioners shall also pay to the said
treasurer, for the use of, and to be expended by the said society,
in the erection of a house of refuge, for female juvenile delinSurplus now quents, so much of the balance, or surplus, now in their hands, or
hands, how. which maybe invested, pursuant to the said thirty-eighth section,
disposed of.
as the person administering the government of this state may not
deem necessary to be retained and disposed of, agreeably to the
said thirty-eighth section, to meet any deficit of the receipts of
the said commissioners for the purpose of the said marine hospital, or for the building of such other stone or brick hospitals in the
place of the present wooden ones, as the person administering
the government of this state may from time to time think necessary, and that the said thirty-eighth section, so far as the same
is inconsistent with the provisions of this act, and no further,
be, and the same is hereby repealed.
iomensa     III. And be it further enacted, That the sheriffs of the several
Bherifs.   counties of this state, shall be allowed for the transportation of
any juvenile delinquents according to the provisions of this act,
the same compensation as is now given by law for the transportation of convicts to the state prisons, to be audited and paid
by the supervisors of the  respective counties, as part of the
Proviso,   contingent expenses of the said counties: Provided, That after
notice shall be given by the managers of the said society, that
there is not room for the reception of any further delinquents,
it shall not be lawful to transport any other delinquents, until
notice shall be given that they can be received.
ay repeal.  IV. And be itffurther enacted, That the Legislature may at
any time, repeal, amend or modify this act.
1829.-CHAPTER  CCCII.
AN  ACT to create a Fund in aid of the Society for the Reformation of Juvenile Delinquents, in the city of New  York, and
for other purposes.-Passed April 29, 1829.
The People of the State of New  York, represented in Senate
and Assembly, do enact as follows:
Appropria-    SEC. 1. The commissioners of health, mentioned in the elev$8,000 annu- enth and twelfth sections of title fourth of chapter fourteenth
ally,    of the first part of the Revised Statutes, shall pay out of the
money received by them  for the use of the marine hospital,




JUVENILE DELINQUENTS.                           423
eight thousand dollars annually, in: quarterly-payments of two
thousand dollars each, commencing on the first day of May
next, to the treasurer of the society for the reformation of juvenile delinquents in the city of New York, for the use of said
society, which sum of eight thousand dollars shall be part of
the surplus, and not in addition thereto, directed to be paid said
treasurer by the above-mentioned eleventh section, and the said
commissioners of health shall pay over annually to the comptroller of the state, on or before the first of April, the balance
that may remain of the said surplus fund, after paying the eight
thousand dollars as aforesaid; and the balance of the said surplus, so paid to the comptroller, shall be invested by him in
some secure manner        a      n interest, and the said fund shall be kept
distinct and separate, and shall be denominated the "Mariners'
Fund."
SEC. 2. So much of the said twelfth section of title fourth of Repeal
chapter fourteenth of the first part of the Revised Statutes as
applies to the balance of hospital moneys in the hands of the
commissioners of health, is declared to apply only to such balances as were in their hands at the time said chapter took effect
as a law: and any part of said section inconsistent with this
declared construction, is hereby repealed.
SEC. 3. [This section repealed by sec. 2, chap. 186, Laws of
1831.]
SEC. 4. [This section repealed by sec. 6, chap. 13, Laws of Managers o
1839.]                                                         to take out
license.
SEC. 5. [This section repealed by sec. 6, chap. 13, Laws of Amonuttobe
paid for the
I839.]                                                          same.
SEC. 6. The said commissioners of health shall render to the Account to
be rendered
comptroller annually, a minute and detailed account of all to comptrolmoneys denominated  "hospital moneys,"  which  shall be ler
received, and also of all such moneys disbursed by them or either
of them, for the marine hospital; for the expenses of their
trust, so far as the same are payable out of this fund for their
own salaries, and the commission allowed by law to the health
commissioner for collection, and also of the surplus, if any, of
such moneys paid over to the treasurer of the society for the
reformation of juvenile delinquents in the city-of New York.
SEC. 7. The comptroller is hereby authorized to allow to the Allowanc
for collecting
health commissioner, for the; collection of "hospital, moneys" hospital
from coasting vessels, a commission at his discretion, of not less money.
than two and a half, nor exceeding ten per cent., which allowance he is authorized to make, as well upon the collections
made from  such -vessels during the past year, as upon those
hereafter to be made.




424              ACTS RELATING TO THE CITY OF rNEW YORK.
1831.- CHAPTER CLXXXVI.
AN ACT to amend "An act to create a fund in aid of the Society
for the Reformation of Juvenile Delinquents in the city of New
York, and for other Purposes," passed April 29, 1829.-Passed
April 21, 1831.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Annual pay-  SEC. 1. There shall be paid annually, by the treasurer of the
ment of
$4,000.   city of New York, on the first Monday of July, to the treasurer
of the Society for the Reformation of Juvenile Delinquents, in
the city of New York, the sum  of four thousand dollars, for
the use of said society, out of the moneys appropriated for the
support and maintenance of the poor of the said city, by the
act, entitled "An act to amend an act entitled an act to lay a
duty on strong liquors, and for regulating inns and taverns, so
far as it relates to the city of New York, and for other purposes," passed April 10th, 1824.
SEC. 2. The third section of the act, entitled " An act to
create a fund in aid of the Society for the Reformation of Juvenile Delinquents in the city of New York, and for other purposes," passed April 29, 1829, and which directs the commissioners for collecting the duty of excise in the city of New
York, to demand and receive one dollar and fifty cents in addition to the sum then required by law for a license to any tavern keeper, grocer, or keeper of an ordinary, or victualling-house,
or public garden, shall be, and the same is hereby repealed.
1833.-CHAPTER  CXLIV.
AN ACT to amend the act to incorporate the Society for the ieformation of Juvenile Delinquents in the city of New York. —Passed
April 12, 1833.
The People of the State of New York, represented in Senate and
Assembly, do enact as Jbllows:
Quorum of   SEC. 1. Nine members of the board of managers of the said
maage. society shall constitute a quorum  for the transaction of business, and for the performance of all the powers and duties of
the board, except the appointment and removal of any officer
of the institution, for which business twelve members of the
said board shall constitute a quorum.




JUVENILE DELINQUENTS.                           4.25
18.51.-CHAPTER  CCLIV.
AN ACT to appropriate Money to the Society for the Reformation
of Juvenile Delinquents tn the city of New  York, and to enable
them to erect new Buildings.-Passed June 20, 1S51, "threefifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The sum of fifty thousand dollars is hereby appropri- 5o,00 ap
ated for the use of the managers of the society for the reforma-roriate
tion of juvenile delinquents in the city of New York, to be expended by said managers in the erection. of buildings in the city
of New York, of suitable size and description, for the accommodation of at least one thousand inmates of said institution, and
enclosing the grounds of the same.
SEc. 2. The treasurer shall pay on the warrant of the comp- How paid.
troller, to the managers of the society for the reformation of juvenile delinquents in the city of New York, out of any moneys in
the treasury not otherwise appropriated, twenty-five thousand
dollars, in the fiscal year commencing October 1st, 1851, and
shall also pay in the same manner a further sum of twenty-five
thousand dollars in the fiscal year commencing October 1st, 1852.
SEc. 3. No part of the money hereby appropriated shall be Whenand on:               what securipaid to said managers, until satisfactory evidence is produced t tytobepaid.;
the comptroller, that said managers hold, and have appropriated
for the use of said society, at least ten acres of land in the county of New York, nor until said managers have given to the
comptroller satisfactory security for the proper expenditure of
said money toward the objects contemplated in the first section
of this act.
SEC. 4. It shall be the duty of said managers to make a de- eportof ex
tailed report of all moneys received and expended by them by 
virtue of this act, and of the progress made in the erection of
said buildings and the enclosure of said grounds, to the comptroller on or before the first day of January next, and as often
thereafter as any further sums maybe received and expended by
them for the purposes aforesaid.
SEC. 5. The second installment mentioned in the second sec- Second installment,
tion of this act shall not be paid to said managers, until the ex- when to be
penditure of the previous installments shall be accounted for by p.
said managers to the satisfaction of the comptroller.
SEC. 6. No part of the moneys hereby appropriated shall be Plani of
paid to said mana, u l te pn of sd  building    approved
paid to said managers, until the plan of said building and enclo-be approved.




426               ACTS RELATING TO THE CITY OF NEW YOIIK.
sure shall have been submitted to and approved by the governor
and comptroller.
Prmises re-  SEC. 7. The premises now under lease to the managers of the
lien ofsink-society for the reformation ofjuvenile delinquents in the city of
In — fund.
New York, for their house of refuge, shall, on the sale thereof,
be released and fully discharged from the lien and incumbrance
of the sinking fund of the city of New York, existing pursuant
to the provisions  th   rvii   f the act, entitled " An act creating a public
fund or stock in the city of New York, called the Croton water
stock, and in relation to the sinking fund of said city," passed
May 13th, 1815; or pursuant to the provisions of the act, entitled " An act to regulate the finances of said city," passed June
Sth, 1812; and instead of such lien and incumbrance, any premises which shall be procured by the said society, for the site
and erection thereon of their buildings, and the appurtenances
thereto, shall be subject to the lien and incumbrance of said
sinking fund, in the same manner, and to the same extent, that
the premises now  occupied by said society, are now subject
thereto.
Sec. 8. This act shall take effect immediately.
CHARITABLE INS            TITUTIONS.
1840. -CHAPTER CCLXXXIX.
AN ACT to secure the faithiul Expenditure of Moneys raised and
collected for certain charitable Institutions in the First Senate District.-Passed May 13, 1840.
The People of the State of New York, represented in Senate and
Assembly, do enact asfollows:
Five  com-  SEC. 1. The governor shall nominate, and by and with the
missioners
to be ap- consent of the Senate, shall appoint five citizens of the city of
New York to be commissioners to supervise the expenditure of
money collected and received by the health commissioner, resident physician and health officer of the quarantine establishment, or by any officer of the Marine Hospital at. Staten Island,
the Seamen's Retreat, the New York Hospital, the State Hospital in the city of New York, and the New York Eye Infirmary, New York Ophthalmic Hospital, the Hospitals on Ward's
Island, the Bellevue Hospital, and all other Hospitals under the
charge of the governors of the Alms-House (as amended 1856,
chap. 4)..
To ehold or  SEC. 2. The said commissioners shall hold their offices for five
iVne years.




CHARITABLE INSTITUTIONS.                         427
years, but may be. removed by the Senate on the recommendation
of the governor.  They shall appoint a secretary, who shall receive an annual salary, to be paid out of the fund hereinafter
mentioned.  The said commissioners and their secretary shall
respectively take and subscribe the oath of office prescribed in
the constitution.
SEC. 3. The said commissioners shall have power, and it shall Their poers
be their duty,
1. To inquire into the receipts and expenses of the institutions
and officers mentioned in the first section of this act, and to examine all their accounts from time to time, and for that purpose
to examine, on oath, any officer or person connected with the
said institutions, or who has had any transactions with them, or
either of them, which oath any one of the said commissioners
is hereby authorized to administer.
2. To report to the comptroller, whenever they discover any
abuse or misapplication of any money so received and collected,
or any danger of such abuse, or of the loss of any such money.
3. To report to the Legislature, annually, the condition of
the said institutions, and an account of their receipts and expenditures, with such suggestions for the security and proper
application of the funds that have been or may be received by
either of the said officers or institutions as may seem  to them
expedient.
SEC. 4. It shall be the duty of the officers and institutions uty of ormentioned in the first section of this act, and of the persons stitutios.
having charge of the said institutions, or in any way concerned
in the collection or disbursement of money appropriated to
them, to submit their books, papers and accounts, at all reasonable hours, to the examination of the said commissioners, and
every willful disobedience of this section  shall subject the
offender to the penalty of two hundred and fifty dollars, to be
sued for and collected by the said commissioners, in their name
of office.
SEC. 5. Whenever the commissioners aforesaid shall report to Powerof
the comptroller any abuse or misapplication of any funds as
herein provided, or any danger of such abuse, or of any loss, he
may, in his discretion, withhold from  the institution so complained of, any appropriation made to them by law until the
Legislature shall otherwise direct; and if such alleged abuse
relate to the moneys collected by any officer or institution mentioned in the first section of this act, the comptroller shall report the same to the governor, who may thereupon remove A ~ gov'
such officer or suspend the authority of any such institution to




428             ACTS RELATING TO THE CITY OF NEW YORK.
collect such moneys, and designate a proper officer to collect
the same.
cretary, et. SEC 6. The salary of the secretary of the commissioners,
and such incidental expenses as they may incur in the discharge
of their duties, not exceeding five hundred dollars in any one
year, on being audited by the comptroller, shall be paid on his
warrant by the treasurer, out of the surplus of any moneys received from passengers arriving in the city of New York.
SEC. 7. This act shall take effect immediately on its passage.




CITY HALL AND COURT HOUSE.
1831.-CHAPTER LXXVII.
AN ACT relative to the City Hall of the city of New Yark.Passed March 24, 1831.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The term  "City Hall of the city of New  York,"
when used in any law of this state, is hereby declared to include
for all legal purposes, all buildings which shall be designated by
the common council of the said city, for the use of courts or
public offices within that part of the said city, bounded by
Chambers street, Broadway, Park row, Chatham  street and
Tryon row.
SEC. 2. This act shall be in force from and after its passage.
1858.-CHAPTER CCCXVIII.
AN ACT in relation to the City Hall, in the city of New  York.Passed April 17, 1858, three-fifths being present.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The mayor of the city of New York shall nominate, Mayor and
and the board of supervisors shall confirm, not more than three toappoint
commissioners of the new city hall, who shall hold their offices sioners
during the pleasure of the said mayor and supervisors, and all
vacancies which may occur among said commissioners, shall be
filled by said mayor and supervisors as aforesaid.
SEC. 2. It shall be the duty of the said commissioners to di- Duty o
rect and superintend the erection of a building in the park, in sioers.
the rear of the city hall, of suitable dimensions and arrangement, to accommodate therein the supreme court, the superior
court, the court of common pleas, courts of oyer and terminer,
general and special sessions, surrogate's court, marine court,
their various officers and chambers, grand and petit juries, the




430              ACTS RELATING TO THE CITY OF NEW YORK.
sheriff, clerks of those courts, commissioner of jurors, district
attorney and law institute.
P'lans, &  SEC. 3. The said commissioners shall have power to decide
upon the plans and specifications, to advertise for and receive
proposals, to make contracts and do all things necessary for the
building, completing and furnishing  ready for use the said
building and its several rooms, in such manner as shall in their
judgment be best calculated to conduce to the due and convenient administration of justice in the city of New  York, and
the preservation of the public records therein.
Arcnitects    SEC. 4. The said commissioners shall have power to employ
&c.'architects, engineers, superintendents, clerks, and such other
necessary assistants as may be required for the purposes of this
act; the compensation of such architects, engineers, superintendents, clerks and assistants, to be fixed by the said commissioners by and with the consent of said judges of the said superior court and common pleas, but the said commissioners shall
receive no compensation for their services.
Minutes of   SEC. 5. The said commissioners shall keep full minutes of all
p ocng. their proceedings, and shall file the same with the clerk of the
common council, within ninety days after the completion and
furnishing of said building.
ervoad orf     SEC. 6. It shall be the duty of the board of supervisors of the
county of New  York, whenever called upon by said commissioners, to raise a sum  not exceeding two hundred and fifty
thousand dollars, by the creation of a public stock, to be called
the city hall stock, which shall be redeemable in the year
eighteen hundred and seventy-five, out of the sinking fund of
the city of New York, and shall bear an interest of six per cent.
per annum; and the said building, with all its finishing and
furnishing, ieady for use, shall not cost any more than the said
sum of two hundred and fifty thousand dollars.
chamberlain  SEC. 7. The aforesaid amount shall be paid out by the chamNe York berlain of the city and county of New York, in such sums and
to such persons as said commissioners shall, from time to time,
direct.
Sharke f   SEC. 8. It shall be lawful for said board of supervisors to
determine what shall be the nominal amount or value of each
share of said stock, and of what number of shares the same shall
consist, and to sell and dispose of said shares at public auction,
or otherwise, and to issue certificates therefor.
w aplica-  SEC. 9. The provisions of the act entitled, " An act to regulate the finances of the city of New York," passed June eighth,




CITY: HALL AND COURT HOUSE.                        431
eighteen hundred and twelve, shall apply to said stock, so far as
the same are not inconsistent with this act.
SEC. 10. It shall be the duty of the said board of supervisors Ta.
to cause to be raised by tax, in addition to the ordinary taxes,
yearly and every year, a sum sufficient to pay the interest semiannually on said stock.
SEC. 11. The moneys to be raised by virtue of this act, shall tappod.
be applied to the erection, completion and furnishing, ready for
use, of said building, and all its parts, and for no other purpose
whatever.
SEC. 12. The act entitled, "An act authorizing the mayor,
aldermen and commonalty of the city of New York, to erect a
new city hall in said city, to raise money by loan for that purpose, and to appoint commissioners for that purpose," passed
April fifteen, eighteen hundred and fifty-seven, is hereby repealed.
SEC. 13. This act shall take effect immediately.
ISO61.-CHAPTER XLII.
AN ACT to authorize the procuring of places for holding Courts
in the city and county of New York.-Passed March 12, 1861,
three-fifths being present.
The People of the State of New York, represented in Senate and
Assembly, do enact asfollows:
SEC. 1. The board of supervisors of the county of New York,
are hereby authorized to procure and hire, whenever necessary,
rooms for the use of any of the courts authorized by law to be
held in and for the city and county of New York, or-the first
judicial district of the state of New York, and any premises so
procured by the board of supervisors shall be deemed a part of
the city hall of the city of New York, for the purpose of holding a court therein.
SEC. 2. This act shall take effect immediately.




432              ACTS RELATING TO THE CITY OF NEW YORK.
1861.-CHAPTER  CLXI.
AN ACT to enable the Supervisors of the county of New York to
acquire and take lands for the building of a Court house in said
county.-Passed April 10, 1861, three-fifths being present.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Lands to be
taken for    SEC. 1. The board of supervisors of the county of New York
court house. are hereby authorized and empowered to acquire and take, for
the purposes of building a court house thereon, such lands and
premises, in the city and county of New York, as they, the said
board of supervisors, may deem necessary for said purpose.
Petiton to   SEC. 2. The said board of supervisors may present a petition
court, &c. to the supreme court, at any special term held in the first judicial district, praying for the appointment of three commissioners to appraise the value of the land proposed to be acquired
and taken for the purpose aforesaid; which petition shall describe
by metes and bounds, the lands and premises so proposed to be
acquired and taken, and said commissioners shall be appointed
by the said court in the same manner as commissioners of estimate and assessment are required to be appointed, for the purpose of opening public squares, streets or avenues in the city of
New York, under the act entitled "An act to reduce several
laws relating particularly to the city of New York, into one
act," passed April nine, eighteen hundred and thirteen.
g1ovte to be  SEC. 3. Notice of the presentation of the said petition by the
ers, &o., of said board of supervisors shall be given to the owners, lessees,
propery  parties and persons respectively entitled unto or interested in
the lands and premises required as aforesaid, in the same manner
as the mayor, aldermen and commonalty of the city of New
York are required by the act entitled "An act to amend an act
to reduce several laws relating particularly to the city of New
York into one act," passed April two, eighteeen hundred and
thirty-nine, to give notice of their intention to make an application to the supreme court for the appointment of commissioners
of estimate and assessment, in proceedings to acquire lands,
tenements, hereditaments or premises for the purpose of opening any public square, place, street or avenue, under the said
act of April ninth, eighteen hundred and thirteen, hereinbefore
referred to.
Commision.  SEC. 4. The commissioners of appraisal appointed under the
ers of appraisal.  provisions of this act, shall appraise the value and ascertain the
compensation or damage to be made or awarded to the owners,
lessees and parties interested in the lands and premises required




CITY HALL AND COURT HOUSE.                       433
by the said board of supervisors, for the purposes aforesaid, and
shall report thereon to the said court.
SEC. 5. The act entitled "An act to reduce several laws relat- LawS apply.
ing particularly to the city of New York into one act," passed
April nine, eighteen hundred and thirteen, and the several acts
amendatory thereto, as far as the same are applicable to the takling of lands and premises for public places, and as the same are
not inconsistent with the provisions of this act, shall apply to
all the proceedings for acquiring and taking the lands and premises required by the said board of supervisors for the purposes
aforesaid, except that all the proceedings taken under this act,
shall be in the name of the board of supervisors of the county
of New York, and except also, that all the expenses incurred by
the said board of supervisors, in acquiring and taking the lands
and premises aforesaid, shall be borne by the treasury of the
county of New York, and that no assessment shall be imposed
upon the lands of other parties to defray the same. The board
of supervisors are authorized to employ counsel to conduct the
proceedings under this act.
SEC. 6. The amounts or sums at which the lands and prem- Lands to be
ises taken and acquired by the said board of supervisors, under
this act, shall be appraised by the commissioners of appraisal
hereinbefore mentioned, shall be paid to the owners, lessees or
parties respectively interested in said lands and premises, by the
said board of supervisors, out of the treasury of the county of
New York, within one month after, the confirmation of the
report made by the said commissioners to the said supreme court,
and all other expenses incurred by the said board, in carrying
out the provisions herein contained, shall be paid in like manner.
SECS. 7, 8, & 9, repealed by chap. 167, Laws of 1862.
SEC. 10. The title to the lands and premises acquired and
taken under the provisions of this act, shall be vested in the
county of New York for court purposes.
SEC. 11. This act shall take effect immediately.
28




COLLEGES
COLUMBIA COLLEGE.
1810.-CHAPTER  LXXXV.
AN ACT relative to- Columbia College in the city of New York.Passed 23d March, 1810.
Whereas, the trustees of Columbia College, in the city of New
York, have represented that sundry impediments to their trust,
and to the interest of literature in the college, are found by
experience from certain restrictions and defects in their charter,
and have prayed relief, and that their charter, when amended,
may be comprised in one act; therefore,
Trustees.    I. Be it enacted by the People of the State of New York, represented
in Senate and Assembly, That John H. Livingston, Richard Varick,
Brockholst Livingston, Abraham  Beach, John Lawrence, Gershom  Seixas, Richard Harison, John Watts, William  Moor,
Cornelius I. Bogart, John M. Mason, Edward Dunscomb, George
C. Anthon, John N. Abeel,- James Tillary, John H. Hobart,
Ben1jamin Moore, Egbert Benson, Gouverneur Morris, Jacob
Radcliff, Rufusi King, Samuel Miller, Oliver Wolcott, and John
B. Romeyn, the present trustees of the said college, and their
successors, shallbe, and remain forever hereafter, a body politic
and corporate, in fact and in name, by the name of " The Trustees of Columbia College, in the city of New York," and by that
name shall and may have continual succession forever hereafter,
and shall be able in law  to sue and be sued, implead and be
impleaded, answer and be answered unto, defend and be defended, in:all' courts and places whatsoever, and may have a
common seal, and may change- and alter the same at their
pleasure; and also, shall be able in law to take by purchase,
gift, grant, devise or-in any other manner, and to hold any
real and personal estate whatsoever;  Provided always, the
clear yearly value of the real estate to be so acquired shall
not exceed the sum of twenty thousand dollars, and also that
they and their successors shall have power to give, grant, bargain, sell, demise or otherwise dispose of, all or any part of the
said real and personal estate, as to them shall seem best for the
interest of the said college.
Power of   II. And be itfurther enacted, That the said trustees, and their
successors, shall forever hereaftes.r have full power and authority
successors, shall forever hereafter have full power and authority




COLUMBIA COLLEGE.                             435
to direct and prescribe the course of study, and the discipline to
be observed in the said college, and also to select and appoint, by
ballot or otherwise, a president of the said college, who shall
hold his office during good behavior, and such professor or professors, tutor or tutors, to assist the president in the government
and education of the students belonging to the said college, and
such other officer or officers, as to the said trustees shall seem
meet, all of whom shall hold their offices during the pleasure of
the trustees: Provided always, that no such professor, tutor or
other assistant officer shall be trustee.
III. And be it furthcr enacted, That if complaint shall be made in President.
writing to the said trustees or their successors, by any member
of the said corporation, of any misbehavior in office by the
president, it shall be lawful for the said trustees,-or their successors, from  time to time, upon examination, and such due
proof of misbehavior, to suspend or discharge such president, and
to appoint another in his place.
IV. And be itfitrther enacted, That eleven of the said trnstees, Quorum of
lawfully convened, as is hereinafter directed, shall be a quorum
for the dispatch of all business, except for the disposal of real
estate, or for the choice or removal of a president, for either of
which purposes there shall be a meeting of at least thirteen
trustees.
V. And be it further enacted, That the said trustees shall have Chairman.
full power and authority to elect by ballot their own chairman
once in every year, or at such other periods as they shall prefer.
VI. And be itfurther enacted, That the said trustees shall also Vacancies.
have power, by a majority of votes of the members present, to
elect and appoint, upon the death, removal out of the state, or
other vacancy of the place or places of any trustee or trustees,
other or others in his or their places or stead, as often as such
vacancy shall happen; and also to make and declare vacant the
seat of any trustee who shall absent himself from five successive
meetings of the board; and also to meet upon their own adjournment, and so often as they shall be summoned by their
chairman, or, in his absence, by the —senior trustee; whose
seniority shall be accounted according to the order in which the
said trustees are named in this act, and shall be elected hereafter:
Provided always, that the said chairman or senior trustee shall not
summon a meeting. of the corporation unless required thereto in
writing by three of the members: And provided also, that he
cause notice of the time, and place of the said meeting, to be
given in one or more of the public newspapers printed in the
city of New York, at least three' days before such meeting; and
that every menber of the corporation resident in the city shall
be previously advertised in writing of the time and place of every
such meeting.




436              ACTS RELATING TO THE CITY OF NEW YORK.
Literarys   VII. And be itfitrther enacted, That the said trustees and their
successors shall have power and authority to grant all such
literary honors and degrees, as are usually granted by any university, college, or seminary of learning in this state, or in the
United States; and in testimony of such grant to give suitable
diplomas, under their seal, and the signatures of the president
and such professors, or tutors of the college, as they shall
judge expedient; which diplomas shall entitle the possessors
respectively to all the immunities and privileges which, either by
usage or statute, are allowed to possessors of similar diplomas
from any university, college, or seminary of learning.
VIII. And be itfurther enacted, That the said trustees and their
successors shall have full power and authority to grant all such
Degrees, &c. literary honors and degrees, as are usually granted by any university, college, or seminary of learning in this state or in the
United States, and in testimony of such grant to give suitable
diplomas under their seal, and the signatures of the president
and such professors or tutors of the college, as they shall judge
expedient; which diplomas shall entitle the possessors respectively to all the immunities and privileges which, either by usage
or statute, are allowed to possessors of similar diplomas from any
university, college, or seminary of learning.
By-laws.    IX. And be itfurther enacted, That the said trustees, and their
successors shall have full power and authority to make all ordinances and by-laws which to them  shall seem  expedient for
carrying into effect the designs of the institution: Provided always,
that such ordinances or by-laws shall not make the religious
tenets of any person a condition of admission to any privilege or
office in the said college, nor be inconsistent with the constitution
and laws of this state, nor with the constitution and laws of the
United States.
Estate, how   X. And be it firther enacted, That all the real and personal
estate whatsoever and wheresoever, which were formerly vested
in the governors of the college of the province of New York, in
the city of New York, in America, or in the trustees of Columbia
College, in the city of New York, be and the same is hereby
confirmed to and vested in the said trustees of Columbia College,
in the city of New York, and their successors forever, for the
sole use and benefit of the said college; and that it shall and
may be lawful to and for the said trustees, and their successors,
to grant, bargain, sell, demise, improve and dispose of the same,
as to them shall seem meet: Provided always, that the lands
given and granted to the governors of the college of the province of New York, in the city of New York, in America, by the
corporation heretofore styled "The Rector and Inhabitants of
the city of New York, in communion of the Church of England,




COLUMBIA COLLEGE.                               437
as by law  established," on part whereof the said college is
erected, shall not be granted for any greater term of time than
sixty-three years. (1)
XI. And be itfarther enacted, That the eighth, ninth, tenth and Repea
eleventh sections of the act, entitled " An act to institute an university within this state, and  for other purposes  therein
mentioned," passed the thirteenth day of April, in the year of
our Lord one thousand seven hundred and eighty-seven, be and
the same are hereby repealed.
1857.-CHAPTER  CXXXII.
AN ACT to authorize the Trustees of Columbia College, in the
city of New York, to take and hold certain Real Estate.-Passed
March 19, 1857, three-fifths being present.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The trustees of Columbia College, in the city of Naw  rtets to
York, are hereby authorized to purchase and take, and to hold hold certain
in fee simple, and dispose of a certain parcel of land situate in roperty
the nineteenth ward of the city of New  York, and bounded
northerly by the southerly side of Fiftieth  street; southerly
by the northerly side of Forty-ninth street; easterly by a line
parallel with and one hundred feet distant westerly from the
westerly side of the Fourth avenue; and westerly by a line
parallel with and five hundred feet distant easterly from the
easterly side of the Fifth avenue, or any part or parts thereof,
and dispose of the proceeds for the use and purposes of said
college.
SEC. 2. This act shall take effect immediately.
1860.-CHAPTER  LI.
AN ACT to authorize the Trustees of Columbia College, in the city
of New  York, to take and hold certain Real Estate.-Passed
March 2, 1860.
The People of the State of New  York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The trustees of Columbia College, in the city of New Trustees
may pur.
York, are hereby authorized to purchase and take, and to hold chase and
hold certain
*-"~~~~~...."~~~~~~~~''''lands.
(1) Add "Unless the consent of said grantors in writing, under their corporate seal,
shall be first had and obtained to the disposal thereof free from such restriction." Ch.
310, Laws of 1852.




438             ACTS RELATING TO THE CITY OF NEW YORK.
in fee simple and dispose, of, such: land, in addition to that
which they were authorized to take and hold under the -act entitled "An act to authorize the trustees of Columbia College,
in the, city of New York, to take and hold certain real estate,"
passed March nineteenth, eighteen hundred and fifty-seven, as
shall be situated in the city of New York, and shall, together
with theland taken and held under the said act, be comprehended within the following bounds,- to wit: The southerly
side of Fiftieth street; the westerly side of the Fourth avenue;
the northerly side of Forty-ninth street, and a line drawn parallel with the Fourth avenue, and distant four hundred and
fifty feet westerly therefrom, or any part or parts thereof.
1860.-CHAPTER CCII.
AN ACT' relative to the Law School of Columbia College.-Passed
April- 7, 1860.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Committee   SEC. 1. The professors in the law school of Columbia Colof examination.    lege, and the law committee of the trustees of said college, viz.:
Samuel B. Ruggles, Hamilton Fish, Alexander W. Bradford,
Gouverneur M. Ogden, George T. Strong, and William Betts,
and such persons as shall from time to time form such law committee, are hereby constituted a committee, any three of whom
being counsellors-at-law, shall form a quorum, upon whose examination and recommendation, as evidenced by the diploma of
said college, granted upon such recommendation, any graduate
of said law school shall be admitted to practice as an attorney
and counsellor-at-law iu'allthe courts-ofthis state. No diploma
shall be sufficient for such admission, which is, given for any
period of attendance upon said law school for a less term than
eighteen months, but this period of eighteen months shall not
apply to the members of the -present -senior class in said law
school, who may be admitted to practice as aforesaid upon the
examination and recommendation of said committee, and upon
the evidence of the diploma of the college.
SEC. 2. All acts and parts of acts, inconsistent; with this act,
are hereby repealed.
SEC. 3. This act shall take effect immediately.




UNIVERSITY OF THE CITY OF. NEW -YORK.                   439
UNIVERSITY OF THE C::ITY OF NEW  YORK.
1831.-CHAPTER CLXXVI.
AN ACT incorporating the University of the Citij of New York.
Passed April 18 1831.
The People of the State of New York, represented in Senate and
Assembly, do -enact as follows:
SEC. 1. The subscribers and shareholders of "The University Corporation
created.
of New York," are hereby incorporated for the purpose of promoting literature and science. The corporation -sha-ll beknown
by the- name of" The University of the cityof New  York;" and
by that name shall have perpetual succession; power to sue and
be sued; to make and use a common seal, and alter the same
at pleasure; to hold property, real and personal; to contract
and be contracted with; and to buy and sell and otherwise dispose of lands and chattels: but' the university shall not -own
real estate, at one time, yielding an annual -income exceeding
twenty thousand dollars.
SEC. 2. The government and estate of the university shall beCoco'
conducted and managed by a council composed of thirty-two
shareholders, and the mayor and four members of the conmnon
council of the city of New York, for the time being.  The location of the university shall be in the city of New York.
SEC. 3. The members of the council (except the mayor) shall eect bed
be elected by the shareholders. No one religious sect shall ever
have a majority of the board.  The council may fill its own
vacancies occurring previous to an annual election.
SEC. 4. One-fourth of the members elected by the share- ne-fourth
holders shall go out of office annually, when an election shall annually.
be held by the shareholders, to supply their places, and all other
vacancies occurring the preceding- year.  Members going out
of office, shall be re-eligible. In case the shareholders shall
neglect to make such annual election, the council may supply
all vacancies remaining in the board-; and the persons so
appointed, shall hold. their offices as if chosen by the shareholders.
SEC. 5. Shareholders to the amount of one hundred dollars in otes.
their own right, or as proxy for other shareholders, shall be
entitled to one vote for each one hundred dollars so held by
them.
SEC. 6. The university may continue to receive subscriptions Subsrip.
to its funds, and future subscribers shall have all the rights and




440              ACTS RELATING TO THE CITY OF NEW YORK.
privileges of those subscribing previous to this act of incorporation.
Quorum.   SEC. 7. Eleven members shall be a quorum forthe transaction
of business; but no real estate shall be conveyed, nor appointments to office made (except to supply vacancies in the council),
other than by an affirmative vote of seventeen members.
Personeli-  SEC. 8. Persons of every religious denomination shall be
fi.     equally eligible to all offices and appointments.
Diplomas.   SEC. 9. The university may grant to students under its charge,
diplomas or honorary testimonials, in such form as it may designate. It may also confer such literary honors, degrees and
diplomas, as are usually granted by any university, college or
seminary of learning in the United States.
Iacquired    SEC. 10. Diplomas granted by the university, shall entitle
thereby.  the possessor to the immunities and privileges allowed by usage
or statute, to the possessor of like diplomas from any college or
seminary of learning in the state.
To be in o.  SEC. 11. No diplomas shall be conferred by the university,
formity to
law.    but in conformity with the laws of the state in force at the time
of conferring the same.
Subject to   SEC. 12. This university shall be subject to the visitation of
visitation  of
regents.  the regents of the university of this state, in the same manner,
and to the same extent as the various Colleges in this State.
Offcers.    SEC. 13. The council shall have power to appoint its own
officers, and all the officers of the university; to establish ordinances and by-laws, not contravening the laws or constitution
of this state or of the United States; and to expel any of its
members for a violation thereof.
Members of  SEC. 14. The members of the council of the university, elected
by the shareholders at the last annual election, namely, Jonathan M. Wainwright, James M. Mathews, Spencer H. Cone,
James Milnor, Samuel H. Cox, Jacob Broadhead, Cyrus Mason,
Archibald Maclay, Morgan Lewis, Albert Gallatin, Samuel R.
Betts, James Tallmadge, Henry I. Wyckoff, George Griswold,
iMyndert Van Schaick, Stephen Whitney, John  Haggerty,
Martin E. Thompson, James Lenox, Benjamin L. Swan, John
S. Crary, Samuel Ward, junior, William Cooper, Fanning C.
Tucker, Oliver M. Lownds, Valentine Mott, Edward Delafield,
William W. Woolsey, Charles G. Troup, Gabriel P. Disosway,
Charles Starr and John Delafield, with William Seaman, Gideon
Lee, Benjamin M. Brown and Thomas Jeremiah, members of




UNIVERSITY OF THE CITY OF NEW YORK.                   441
the common council of the city of New York, together with
the mayor of the said city, shall compose the first council under
this incorporation. They shall allot themselves into four equal:classes, one of which shall go out of office at each succeeding
annual election.
SEC. 15. The legislature may at any time alter, repeal orRighs remodify this act.
1860.-CHAPTER CLXXXVII.
AN ACT in reJerence to the University of the city of New York.
Passed April 6, IG60.
The People of the State of Ncw York, represented in Senate and
Assembly, do enact asfollows:
SEC. 1. The faculty of law of the University of the city of ^Yute
New York are hereby constituted a committee upon whose ex- a committee
~    J.  1 ]:   1.  o    of examinaamination and recommendation, as evinced by the degree of tion
bachelor of laws conferred upon their recommendation by the
council of the University, any graduate of the law department
shall be admitted to practice as attorney and counsellor-at-law in
all the courts of this state; but no diploma shall be sufficient
for such admission which shall be given for a period of attendance upon said law department less than three terms of twelve
weeks each, or of two terms of twelve weeks each, with one
year's study of the law elsewhere.
SEC. 2. All acts and parts of acts, inconsistent with this act,
are hereby repealed.
SEC. 3. This act shall take effect immediately.




COM3MON COUNCIL-THEIR POWERS AND DUTIES.
1803.-CHAPTER LXX.
AN ACT to invest the Mayor, Aldermen, and Commonalty of the City
of New York, with adequate Powers in Relation to certain Objects
of Importance:to tiew Police and Health of the said city.-Passed
April 2, 1803.
-Whereas, The general welfare of the state is connected with
the safety and health of the city of New York, which has been
visited by destructive and epidemic disease, the causes of which,
as far as human wisdom can discover, ought to beremoved, and
such measures adopted as, by divine favor, may prevent the
return of that fatal malady.  And whereas, It is represented to
the legislature, that noxious exhalations from sunken and damp
lots of ground, deep, damp  cellars, narrow  and  confined
streets, foul and ill-constructed sinks, and privies unfinished,
water lots,. foul slips, putrid or unsound provisions, and other
evils of a similar nature, together with the practice of interring
the dead in the heat of summer in improper places, and without due precautions, are among the causes to which the existence or malignity of that disease may be, in a great measure,
attributed: Therefore, to remedy the said evils,
Authority   I. Be it enacted by the People of the State of New York, represented
to common
coaciyl to in Senate and Assembly, That the mayor, aldermen, and commonalty of the..-said city, in common council convened, shall
have full power and authority to make and pass such by-laws
and ordinances as they shall, from  time to time, deem  necessary and proper for the filling up, draining, and regulating of
any grounds, yards, or cellars within the said city, that may be
sunken, damp, or unwholesome, or which they may deem proper
to fill up, drain, raise, lower, or regulate; and also, for causing
all such lots of ground in the said city, adjoining to Hudson's
river, or to the east river or sound, as they may, from time to
time, think proper, to be filled up with wholesome earth, or
other solid materials, so far into the said rivers, respectively, as
they shall, from time to time, deem expedient for promoting
the health of the said city; and for compelling the proprietors
of such lots to make suitable bulkheads on, adjoining or opposite to such lots, and to raise and fill up the same with such
materials and in such manner and within such times as the said




COMMON. COUNCIL —THEIR POWERS AND DUTIES.                  443
mayor, aldermen, and commonalty shall, from  time to time,
direct;. and also, for filling, up, altering, and amending of all
public slips in the said city,:at such times and in such manner
as they may deem  proper-; and for filling up or altering and
amending all sinks and privies within the said city, and for
directing the mode of constructing them in future, and for causing subterraneous drains to be made from the same, where they
may think it necessary, and for regulating, or, if they find it
necessary, preventing the interment of the dead within the
said city; and for the better regulating of boarding-houses and
taverns in the said city, and the preventing the resort of crowds
of disorderly persons to them; and for preventing the digging
or turning up of made ground or grounds formerly covered
with water, during the summer months, without their permission.
II. And be it frther enacted, That such penalties may be con- Penalties
tained in such by-laws or ordinances as the said mayor, aldermen, and commonalty shall or may from time to time, think
proper, in order to enforce a prompt and punctual compliance
with the-same, and for the punishment of all offenders in the
premises, not:exceeding one hundred dollars for each offense;
and that the said mayor, aldermen, and commonalty may, from
time to time, make laws.for the regulating of pawnbrokers, and
dealers in the purchase or sale of second-hand furniture, metals
or cloths; and that every person carrying on either of the said
callings, trades, or dealings, shall have a license from the mayor
of the said city for the same, under the directions of the mayor,
aldermen, and commonalty of the said city, and shall enter into
a recognizance in the penalty of one hundred dollars, conditioned for the observance of such ordinances as may be made
by the common council of the said city in the premises;'and
the said common council are hereby authorized and empowered
to make by-laws and regulations relative to the taxing and
destroying of dogs within the said city.
III. Anzd be it further enacted, That it shall and may be lawful notspectrs of
for the said mayor, aldermen and commonalty, in common council convened, to appoint one or more persons as inspectors of
lots in the said city, who shall have power at all times, between
sunrise and sunset, to enter into any cellar, lot of ground or
building of any kind, and-to examine the state thereof, and to
report the same to the said common council, whenever he or
they shall judge that the health of the city may require any alterations or regulations therein.
IV. And be it further enacted, That in all cases where the said As.sessmet
by-laws or ordinances shall require anything to be done, by or
with respect to the property of several persons, or in relation to
the filling up, altering or amending any of the public slips in the




444              ACTS RELATING TO THE CITY OF NEW YORK.
said city, the said mayor, aldermen and commonalty, in common
council convened, shall cause the expense of such works to be
estimated and assessed in the same manner as is by law directed,
with respect to the paving, altering or regulating the public
streets in the said city; and where the same shall relate to the
filling up, altering or amending the public slips as aforesaid,
one-third of the expense attending the same shall be borne by
the said mayor, aldermen and commonalty, and the residue by
the persons in the vicinity who may be benefited thereby, and
in other cases such iexpenses shall be borne by the persons respectively upon whom the same may be assessed as aforesaid.
Wbe execte   V. And be itfurthler enacted, That it shall and may be lawful
by oummoa for the said mayor, aldermen and commonalty, in all cases where
council.
they may deem it necessary, for the more speedy execution of
the said by-laws and ordinances, or any of them, to cause all
such works as may be necessary for any of the purposes aforesaid, or any part thereof, to be executed and done at their own
expense, on account of the persons respectively upon whom the
same may be assessed, and shall have full power, and are hereby
authorized to levy the same, with lawful interest, and all reasonable costs and expenses attending such proceedings, by distress
and sale of the goods and chattels of the proprietors or occupants
of the property upon or by reason of which any such sum shall
have been assessed, or to recover the amount of every such expense, by action of debt, in any court of record, from the persons
respectively on whose account the same shall have been incurred, their respective heirs, executors or administrators, in all
which actions they shall also recover lawful interest upon the
said amount, with full costs of suit.
Expense
madean In-   VI. And be itfurther enacted, That the amount of every such
cumbrance expense which the said mayor, aldermen and commonalty shall
pay as aforesaid on account of others, shall be a real incumbrance
upon the houses and lots in respect to which such assessments
as aforesaid shall have been made, and shall bear lawful interest
until paid, and that the same may be recovered, or the payment
thereof, with costs, enforced in like manner as if the said houses
and lots were mortgaged to the said mayor, aldermen and commonalty, for the payment thereof.
Duty cf a  VII. And be itfurther enacted, That whenever any person shall
die in the city of New York, the physician or surgeon who shall
have attended such person, as a physician or surgeon, during his
or her last sickness, shall leave a note in writing, signed with his
name, with some one of the family in the house where such person shall have died, specifying the name and apparent age of the
deceased, and the disease of which he or she shall have died;
and every physician or surgeon refusing or neglecting to make
and deliver such note, shall forfeit the sum of fifty dollars; and




COMMON COUNCIL-THEIR POWERS AND DUTIES.                    445
that no sexton of any church, or other person having charge of
any cemetery, vault or burying ground in the said city, shall
permit any dead body to be interred therein until he has received
such note, in writing, so signed as aforesaid; or in case no physician or surgeon shall have attended such deceased person, or
the physician or surgeon who did attend, shall have neglected
or refused to leave such note, then a like note, signed by some
of the family in which such person shall have died, the contents
of which note in writing, shall be entered by such sexton on a
blank schedule, to be furnished by the clerk of the city and
county aforesaid, and delivered together with the said schedule,
on the Saturday in every week, to the said clerk for publication,
in such form as may be designated by any present or future ordinance of the mayor, aldermen and commonalty df the city of
New York: and that every sexton or other person having charge
of any place of interment, neglecting or refusing to perform any
of the duties required by this act, shall forfeit the sum of twentyfive dollars.
VIII. And be itf frther enacted, That every practitioner or phy- Aysica
sician in the said city, shall, whenever called on for that purpose,
by the mayor, or in his absence, by the recorder, give his opinion
in writing as to the existence of any infectious or contagious
disease in the said city; and that the said mayor may, when
thereunto required, if such opinion will, in his judgment, warrant it, deliver certificates under his seal off office, to masters of
vessels sailing from the said city, stating the general health of
the said city.
IX. And be it further enacted, That all suits for any penalties seits for
imposed by this act, and all penalties or any bonds taken in the
said city under the act, entitled, " An act for the settlement and
relief of the poor," shall, whenever the same shall be deemed to
be forfeited, be sued for, recovered and levied under the direction of the mayor of the said city, in the name of the mayor,
aldermen and commonalty of the city of New York, and the proceeds thereof be by them applied to the public use of the said
city; and that the common council of the said city may have
power.to remit or compound for the said penalties or forfeitures,
whenever the same shall appear to them not to have been willfully or fraudulently incurred.
X. And be it further enacted, That no new street shall hereafter Layingwt
be laid out in the said city, except with the approbation and treets.
permission of the mayor, aldermen and commonalty, in common
council convened; and that if any street shall be laid out without such permission, it shall be lawful for the said mayor, aldermen and commonalty, by by-law or ordinances, to direct the
same to be stopped up, and all buildings adjoining thereto to be




446              ACTS RELATING TO THE CITY OF NEW YORK.
removed by the proprietors or occupants, within such times, and
under such penalties as they shall think proper.
LfwOut   XI..And'be it further enacted, That:all streets not already'treet.   named and opened, shall be considered as new streets within
the meaning of this act: Provided, that no building erected on
any such street not already named and opened shall be removed,
until it shall be determined, in the mode prescribed in and by
the second section of the-act, entitled, "An act for regulating
the buildings, streets, wharfs and slips in the city of New York,"
passed the 3d day of April, 1801, what damage or loss the
owner of such buildings will sustain by means of such removal,
and until the money awarded to such owner shall be paid or
tendered to him.
proiusins   XII And be it further enacted, That whenever any putrid or
unsound beef, pork, fish, hides or skins of any kind, shall be
found within the said city, it shall be lawful for the said mayor,
aldermen and commonalty, and any one of the inspectors of
those articles, or any of them, or any person or persons acting
under them, or any of them, to cause the same to be destroyed,
by starting it or casting them  into the stream of either of the
said rivers, below low water mark,- and at a suitable distance
from  the shore, or in such other manner as the said mayor,
aldermen and commonalty shall or may, from time to time,
direct.
Cotton in    XIII. And be it firther enacted, That cotton in bales, which is
the produce of North Carolina, South Carolina and Georgia, shall
and may be brought into the city of New York at all times,
Provided, nevertheless, that the commissioners of the health office,
shall be, and they are, hereby authorized to order and direct
all such cotton as may be brought to said city, between the
first day of June and the first day of November, to be landed
and stored in such part of the city as will, in their judgment,
be least injurious to  health, any law  to the contrary notwithstanding.
Suit tfor   XIV. And be itfurther enacted, That in all cases where a penalty shall or may be contained in any by-law or ordinance of the
said mayor, aldermen and commonalty, and the same not being
higher than twenty-five dollars, a suit shall be brought for the
recovery thereof, a warrant (if required) shall issue in the first
instance against the defendant, and as soon as judgment shall
be obtained for the recovery of: such penalty, execution shall
issue- for the same, with costs:of suit, without any respite
or delay.
oeProving X.V XV. - And be it further enacted, That whenever, in the opinion of
streets.  the mayor, aldermen and commonalty of the city of New York,




COMMON COUNCIL-THEIR POWERS AND DUTIES.                  447
in common council convened, it shall be necessary for the public
convenience to open, extend, enlarge, straighten or otherwise
improve any street or streets in the city of New York, it shall be
lawful for the said common council to order and direct the same
to be done accordingly, in such manner as they shall think most
advisable, notwithstanding it may become necessary for that
purpose to remove any building or buildings, or to take for
that purpose any ground which shall be then built on or otherwise improved; and that the said mayor, aldermen and commonalty shall endeavor: to treat and agree with the owners of,
or those interested in, any building or buildings, or ground, to
be removed or taken for the purposes aforesaid, as to the compensation to.be allowed them  respectively for what shall be
so taken or removed, and the damages or injury the persons
interested therein shall: sustain thereby, and to: pay: them  if
they can agree; but if the persons so interested therein, or any
of them, shall refuse to treat, or if the common council and the
parties, or any. of them, cannot agree, then the said common council shall pursue such measures in relation to compensation to
be made to, or paying the: damages and injury which the owners, or those interested therein, may sustain thereby, as are
directed by the second section of the act, entitled " An act for
regulating the buildings, streets, wharfs and slips in the city of
New York," passed the 3d day of April, 1801, which directions
being complied with, the same'shall be binding and conclusive
in the manner in the said second section of the said act prescribed, in all respects; and the rights to the said streets, when
so laid out and made, shall vest in the said mayor, aldermen and
commonalty of the city of New York, in manner aforesaid.
XVI. And be itfurther enacted, That all the expenses which Assessment
the said mayor, aldermen and commonalty of the city of New
York shall incur, and the moneywhich they shall pay or become
bound to pay in consequence of the lawful exercise of the power
and authority conferred upon them by this act, shall be estimated and assessed among all the owners or occupants of all the
houses and lots of ground intended to be benefited thereby, in
the manner directed in and by the eleventh section of the
act, entitled "An act for regulating the buildings, streets,
wharfs and slips in the city of New York," passed the 3d
day of April, 1801, and shall be binding and conclusive, and
be collected in the manner- therein prescribed: Provided, that
when any building shall be removed or taken for the purposes in and by this act directed or authorized, it shall be in
the discretion of the assessors to assess any portion of the
sum to be paid therefor, not exceeding one-third part thereof,
on the mayor, aldermen and commonalty of the city of New
York, who shall be bound to pay the same out of the city
treasury.




448              ACTS RELATING TO THE CITY OF NEW  YORK.
XVII. And be it further enacted, That all the forms of proceedings necessary to carry the sixteenth and seventeenth
sections of this act, and the powers hereby conferred, into
effect, shall be conformable, as far as shall be practicable, to
the directions of the act herein last before mentioned  and
referred to, as though the same were herein again repeated.
Suits.     XVIII. And be it firtlLer enacted, That if any person shall
be sued for anything  done in pursuance of this act, it shall
be lawful for any such person to plead the general issue,
and to give this act and. the special matter in evidence.
ublic act.   XIX. And be it further enacted, That this act shall be considered as a public act, and be liberally expounded and construed to advance the ends thereof, and enable the said mayor,
aldermen and commonalty to promote the health and improve
the police of the said city.
XX. And be it further enacted, That this act shall be and
continue in force for three years from  the passing thereof,
and no longer. (1)
1806.-CHAPTER  CXXVI.
AN ACTfor-the better government of the city of New York, and to
grant certain additional powers and rights to the mayor, aldermen,
and commonalty thereof, and to explain, continue and amend the
respective acts therein mentioned.-Passed April 2, 1806.
Whereas, from  the great extension and increase of the said
city, its trade and inhabitants, it has become necessary to provide additional wharfs, piers, slips and basins in the said city,
for the accommodation and safety of vessels of different descriptions: Nowv, therefore,
Sinking of   I. Be it enacted by the people of the State of New York, reprecertain piers sented in Senate and Assembly, That it shall and may be lawful
for the said mayor, aldermen and commonalty, at their own
expense, to cause piers to be sunk and completed in such places
and manner as they shall think eligible, between the Whitehall
slip and the east side of the Exchange slip, in the said city, so
as to form a basin for the safety and the accommodation of
sloops and other vessels using the trade of the said city; and
also, at their own expense, to cause such and so many other
public basins to be formed and completed in the said city as
(1) Made perpetual by act of 1806, chap. 126, p. 614, sec. 6, p. 516.




COMMON COUNCIL-THEIR POWERS AND DUTIES.                    449
they may deem necessary for the trade thereof, and to take to
their own use the slipage or wharfage arising from the same,
any law, usage  or custom to the cointrary notwithstanding:
Provided always, that nothing herein contained shall be construed to deprive any persons who may have made piers by the
direction of the said mayor, aldermen and commonalty, in pursuance of the act, entitled " An act for regulating the buildings,
streets, wharfs, and slips in the city of New York," of any legal
right which they may have thereby acquired, or to interfere with
any private property, or right, or privilege, held under grants
of the said mayor, aldermen and commonalty, or otherwise.
II. And be it further enacted, That in all cases where the said nlrging of
mayor, aldermen and commonalty shall think it for the public
good to enlarge any of the slips in the said city, they shall be at
liberty and have full power so to do, and, upon paying onethird of the expense of building the necessary piers and bridges,
shall be entitled, not only to the slipage of that side of the said
piers which shall be adjacent to such slips respectively, but also
to one-half of the wharfage to arise from te outermost end of
the said piers.
III. And be it further enacted, That in case any of the persons Sinking
who, according to the said above-mentioned act, shall have been
directed to sink or complete piers and bridges in the said city,
have neglected or shall neglect to comply with such directions,
it shall be lawful for the said mayor, aldermen and commonalty
to grant the right of making such piers and bridges, and the
right of receiving the profits thereof, to any person or persons,
in fee or otherwise, upon such terms as they shall think
proper.
IV. And be itfurther enacted, That in all cases where any of Neglect of
the proprietors of lots lying opposite to the places or streets proprietors
where piers shall have been or may be directed to be sunk, pursuant to the powers contained in the act last aforesaid, shall
neglect or refuse to join with the other proprietors in sinking
and making such piers and the bridges thereunto appertaining,
or to pay his or their proportion of the expenses thereof, then
and in every such case the said mayor, aldermeli and commonalty
may, at their election, join with the other proprietors in making and finishing the said piers and bridges, and shall become
entitled to the proportion of wharfage which the said proprietors, so neglecting or refusing, would have been entitled to if
they had joined in making the said piers and bridges.
V. And be it further enacted, That in all cases, a notice to the ufbclitioa
proprietors of lots inserted in two of the public newspapers
printed in the said city for six weeks successively, shall be sufficient notice to all the said proprietors of the directions of the
29




450             ACTS RELATING TO THE CITY OF NEW YORK.
said mayor, aldermen and commonalty, for sinking and completing such piers and bridges, without specifying therein the names
of the said proprietors; and an affidavit made before a judge
of the supreme court or master in chancery, of the due publication of such notice, in manner aforesaid, shall at all times
thereafter be deemed prima facie evidence thereof; and every
such proprietor who shall not begin the making of the said piers
or bridges by the period for that purpose appointed, or who
shall not contribute his proportion towards the expenses thereof, as the same shall accrue, shall be deemed and taken to have
neglected and refused to  comply with the said directions,
according to the true intent and meaning of the said last-mentioned act.
ct extended. VI. And be it further enacted, That the act, entitled " An act
to invest the mayor, aldermen and commonalty of the city of
New York, with adequate powers in relation to certain objects
of importance to the police and health of the said city," shall
be and continue in full force, without limitation of time, anything in the said act to the contrary thereof in anywise notwithstanding, excepting only those particulars in which this act,
or any act passed at the present session, do or shall vary the
provisions thereof.
Estmates    II. VIAnd be it farther enacted, That it shall and may be lawful for the said mayor, aldermen and commonalty, in common
council convened, to  cause the estimates, directed  by the
eleventh section of the said first-mentioned act, to be made by
such skillful and competent disinterested person or persons as
they shall or may think proper, the said person or persons first
taking the oath in the section specified, which estimates shall
be to all intents and purposes as good and effectual as if made
in the manner prescribed by the said section.
fbuiing s   VIII. And be it it frther enacted, That when any building
or buildings, in the city of Newv York shall be on fire, it shall
be lawful for the mayor, or in his absence the recorder of the
city, with the consent and concurrence of any two of the
aldermen thereof, or for any three of the aldermen, to direct and
order the same, or any other building which they may deem
hazardous and likely to take fire, or to convey the fire to other
buildings, to be pulled down or destroyed; and upon the application of any person interested in any such building, so pulled
down or destroyed, to the mayor, or recorder, or any two aldermen, it shall be their duty to issue a precept for a jury to inquire of and assess the damages which the owners of such
buildings, and all persons having any estate or interest therein,
have respectively sustained by the pulling down or destroying
thereof; which precept shall be issued, directed, executed,




COMMON COUNCIL-THEIR POWERS AND D UTIES.                    451
returned and proceeded upon, and the proceedings thereon shall
take effect, as nearly as may be, in such manner as by the
second section of the act, entitled, " An act for the better
regulating the public roads inthe city and county of New York,"
is directed, in relation to lands taken for the purposes therein
mentioned; and the said inquiry and assessment, having been
confirmed by the mayor's court, the sums assessed by the said
jury, shall be paid by the said mayor, aldermen and commonalty, to the respective persons in whose favor the jur y shall have
assessed the same, in full satisfaction of all demands of such
persons respectively, by reason of the pulling down or destroying
such building; and the mayor's court, before whom  any such
process shall be returnable, shall have power to compel the
attendance of jurors and witnesses upon any such assessment of
damages.
IX. And be it further enacted, That during the actual preva- Reglation
lence of any such fire as aforesaid, it shall and may be lawful
for the mayor, recorder, and each of the aldermen of the said
city, to remove or cause to be removed and kept away from the
vicinity of such fire, all idle and suspicious persons, and all
persons not fit to be employed, or not actually and usefully
employed, in the judgment of the said mayor, recorder, or aldermen, in aiding the extinguishment of such fire, or in preservation of property in the vicinity thereof.'
X. And be it further enacted, That the sum assessed by such foiltings
jury as aforesaid, for any building so pulled down or destroyed destroyed.
as aforesaid, the same assessment and inquiry having been
confirmed by the court, shall, together with the expenses of the
proceedings for such assessment, be borne and defrayed by the
said mayor, aldermen and commonalty.
XI. And be it further enacted, That the commissioners of the Power of
alms-house and bridewell of the city of New  York, as well,^r sof
those now in office as their successors, from time to time, or any alms-house.
one, or two, or more of them, shall have and exercise the same
powers and authorities, and do every act and thing, in pursuance
of the " Act for the settlement and relief of the poor," in the
same manner only as they could by law if they were justices of
the peace in and for the city and county of New York.
XII. And be it furthler enacted, That upon the trial of any witesses.
issue, or upon the taking of any inquest, or making any inquisition, or upon the judicial investigation of any facts whatever,
in which issue, inquest, inquisition or fact, the mayor, aldermen
and commonalty of the city of New York are a party, orinterested,
no person shall be deemed an incompetent witness for the reason
that such person is an inhabitant, fieeholder or freeman of the
city of New York.




452             ACTS RELATING TO THE CITY OF NEEW YORK.
motsa On   XIII. And be itfurther enacted, That no tavern keeper in the
city of New York, shall permit any riotous or noisy persons to
be assembled in his house on the Lord's day, called Sunday;
nor on any day shall permit any manner of unlawful gaming,
quarreling, or other disorderly practice or conduct; nor keep
any billiard table, nor any other instrument or device used for
gaming; and that it shall and may be lawful for the mayor of
the said^lty, in conjunction with any two of the aldermen
thereof, to hear and determine, in a summary way, any complaint which shall or may be preferred against any tavern keeper,
for any offense in the premises; and, in case they shall judge it
proper, to deprive such tavern keeper of his license.
sLiquor   XIV. And be it further enacted, That the recognizances which
have heretofore been given and entered into by persons licensed
to retail any spirituous liquors to be drank in his or her house,
out-house, yard, or garden, within the city and county of New
York, in pursuance of the sixth section of the act, entitled
" An act to lay a duty on strong liquors, and for regulating inns
and taverns," passed 7th April, 1801, instead of being entered
and acknowledged to or in the name of the people of the
State of New  York, shall be given to  and taken in the
name of the said mayor, aldermen, and commonalty: And the
said mayor, aldermen, and commonalty, in common council
convened, shall take such order in relation to prosecutions for
breaches of such recognizances, and shall also, from time to
time, make such ordinances to regulate taverns in the said city,
as they may deem  suitable and necessary to preserve the good
order and welfare of the same.
commonl    XV. And be itfurther enacted, That the mayor, aldermen, and
pass ordi- commonalty of the city of New York, in common council conares.  t vened, shall, from  time to time, and as often as they deem it
necessary, have power to pass and provide for the due execution
of ordinances as they may deem  proper for the more effectual
prevention and extinguishment of fires in the said city; and to
compel the attendance of all engineers and firemen, and such
other persons as they may deem necessary, to assist at the extinguishment of fires, and to prescribe the duties required of
such engineers, firemen, and other persons; and also to regulate
the keeping, carting, conveying, or transporting of gunpowder,
or any other combustible or dangerous material, within the
bounds of the said city; and to provide for the forfeiture thereof,
if the same shall be kept contrary to such law; and also, to
regulate the use of lights and candles in livery and other stables
within the same city; and also to remove or prevent the construction of any fireplace, hearth, chimney, stove, oven, boiler,
kettle, or apparatus used in any manufactory or business which may
be dangerous in causing or promoting fires; and also to direct
the construction of deposits for ashes in safe and suitable places,




COMMON COUNCIL-THEIR POWERS AND DUTIES.                  453
and of materials secure against fire, and for that purpose to
authorize such suitable officer or officers as they may think proper, and at such reasonable times as they shall appoint, to enter
into and examine all dwelling-houses, lots, yards, enclosures,
and buildings of every description within the said city, to
examine and discover whether any danger exists therein, and in
order that proper measures may be taken to provide for the
safety of the inhabitants of the neighborhood,
And, for the more effectual and perfect execution of the laws
and ordinances of the said mayor, aldermen, and commonaltyXVI. Be it further enacted, That in all cases not otherwise pro- uncilmay
vided for in this act, it shall and may be lawful for the said mayor, ipe pen
aldermen, and commonalty, in common council convened, from
time to time, to impose penalties for the non-observance of
the same, not exceeding two hundred and fifty dollars; and in
all cases to direct that such part of any penalty as they shall
think proper, shall be paid and applied to the use of the person
or persons who shall afford such information as to enable them
to prosecute the offender or offenders to conviction: And further,
that all laws and ordinances of the said mayor, aldermen, and
commonalty, in common council convened, may remain and continue in force, for and during the period of three years from
the passing thereof, unless the same shall be repealed by the
said common council, or enacted for a shorter period, and shall
always be renewable at the pleasure of the said mayor, aldermen, and commonalty, in common council convened: Provided,
that any ordinance, or part of an ordinance, passed in pursuance
of the powers hereby granted, may at any time be repealed by
the legislature.
And whereas, difficulties arise in  collecting moneys upon Collecting
vacant lots which have been assessed by ordinances of the said
mayor, aldermen, and commonalty, for regulating, pitching, and
paving the streets in the said city, by the said lot or lots, or the
estate of which they are a part, lying in common and undivided,
by belonging to a minor or minors, by the owner or owners
being unknown, or by being known, refuse to contribute to any
expense with respect to their lots, or the streets on which they
are bounded; and the said mayor, aldermen, and commonalty
have been obliged, in consequence, to advance, for such owner
or owners, large sums of money out of their treasury to effect
necessary regulations, without being able to obtain a reimbursement of the sum so advanced; for remedy whereof,
XVII. Be it further enacted, That whenever the said mayor, colct^ o o
y assessments.
aldermen and commonalty, shall have ordered and confirmed an
assessment for regulating, pitching and paving any street or
streets in the said city, by virtue of the fourth section of an act
of this state, passed the 16th of April, 1787, and the money




454              ACTS RELATING TO THE CITY OF NEW YORnK.
cannot, after due inquiry, be collected upon any vacant lot or
lots which may be charged in the said assessment, and the collector shall have made affidavit of his demanding the money
several times of such owner or owners as may reside within the
said city, and that they have neglected or refused to pay the
same, it shall and may be lawful for the said mayor, aldermen
and commonalty, to take order for advertising the same in two
or more of the public newspapers printed in the said city, for
three weeks, thereby requiring the owners of such lots, respectively, to pay the sum at which the said lots shall be so assessed,
to the treasurer or chamberlain of the said city, to defray the
expense of the work mentioned in the said assessment; and that
if default shall be made in such payment, such lot will be sold
at public auction, at a day and place therein to be specified, for
the lowest term of years at which any person shall offer to take
the same, in consideration of advancing the sum assessed on the
same, for the expense aforesaid; and if, notwithstanding such
notice and demand, the owner or owners should refuse or neglect to pay such assessment, with the charge of appraisement
and advertisement, then it shall and may be lawful, to and for
the said common council, to cause the said lot to be sold at public
auction, for a term of years, for the purposes and in the manner
expressed in the said advertisement, and to give a declaration of
such sale to the purchaser thereof, under the common seal of
the said city; and such purchaser, his executors, administrators
and assigns, shall, by virtue thereof and of this act, lawfully
hold and enjoy the same, for his and their own proper use,
against the owner or owners thereof, and all claiming under him
or them, until his term  therein shall be fully complete and
ended, being at liberty to remove all the buildings and materials
which he, she or they shall erect or place thereon, but leaving the
lots, with the street or streets fronting the same, in the order
required by the said regulations, any law, usage or custom  to
the contrary thereof notwithstanding.
XVIII. And be it further enacted, That if any person shall be
impleaded by reason of anything done under this act, it shall be
lawful for every person to plead the general issue, and to give
this act and the special matter in evidence under such plea.
XIX. And be itfurtlher cnacted, That this act shall be a public
act, and shall be expounded and construed beneficially and
favorably to the said mayor, aldermen and commonalty, and in
a manner the most effectual to promote good order, and to provide for the better government of the city of New York.




COMMON COUNCIL-THEIR POWERS AND DUTIES.                    455
1807.-CHAPTER  LXXV
AN  ACT empowering the Mayor, Aldermen and Commonalty of
the City of Ncw York, to appoint a Clerk (f the Common
Council.-Passed March 27, 1807.
/Whereas, the mayor, aldermen and commonalty of the city of
New York, have, by petition, prayed the legislature to aid them
in choosing and appointing a clerk of the common council;
therefore,
I. Be it enacted by the People of the State of New Yorc, represented Comno of
in Senate and Assembly, That the clerk denominated, in thecoucil.
charter of the city of New York, the common clerk, now usually
called the clerk of the city and county of New York, shall,
from and after the first day of April next, forever thereafter be
relieved, restrained and prohibited from  doing or performing
any duties or services, or any act, matter or thing whatsoever,
as clerk of the common council of the said city of New York.
II. And be it farther enacted, That the mayor, aldermen and b.
commonalty of the city of New York, in common council convened, shall and may, from  time to time, and at all times
forever after the said first day of April next, choose and appoint
a clerk to be clerk of the common council of the city of New
York only, and to remove such clerk, and to appoint another,
from  tine to time, as often as the said common council shall
deem fit so to do; which said clerk and clerks, so to be chosen
and appointed, shall receive, have, take charge of and keep
such seal, and all such muniments, records, patents, deeds,
minutes, writings and papers belonging to the mayor, aldermen
and commonalty of the city of New York, as the said common
council shall, from time to time, direct or order to be delivered
to and kept by the said clerk and clerks, so from time to time
to be appointed, under the direction, and subject to the order
and control of the said common council: Provided, nevertheless,
that nothing herein contained shall be construed to prevent the
legislature, at any time within their discretion, from altering or
repealing this act.
1811.-CHAPTER  LXXXII.
AN ACT to enable the Corporation of the City of New  York to
raise AMoney by Tax, and for other lmrposes.-Passed March
29, 1811.
I. Be it enacted by the Peolple of the State of New  York,
represented in Senate and Assembly.  [All the provisions of this
act, except section six, are obsolete.]




456              ACTS RELATING TO THE CITY OF NEW YORK.
Sweepin    VI. And be it further enacted, That it shall and may be lawful
for the mayor, aldermen and commonalty of the city of New
York, in  common council convened, by  an ordinance or
ordinances by them for that purpose, from time to time to
be made, to make all such rules and regulations for the sweeping
of chimneys in the said city, to appoint such person or persons
to superintend the same, and to impose such reasonable fines
and penalties and forfeitures for every default, neglect, disobedience or violation of such ordinance or ordinances as they shall
think proper, and generally to do whatever by them  may be
deemed necessary for promoting the object of this section;
Provided, that such ordinance or ordinances be not repugnant
to the constitution or lavws of this state or of the United States.
1813.-LXXXVI.
AN  ACT to reduce several laws relating particularly to the city of
New York to one act.-Passed April 9, 1813.
CLERK OF THE COIMMON COUNCIL.
Ylerk of Nh    CLXVI. And be it further enacted, That the clerk denominated
ited  from in the charter of the city of New York, the common clerk, now
acting  as
clerk cor- usually called the clerk of the city and county of New York,
moncouncil. shall forever hereafter be relieved, restrained and prohibited
from  doing or performing any duties or services, or any act,
matter or thing whatsoever, as clerk of the common council of
the said city of New York.
Common    CLXVII. And be it further enacted, That the mayor, aldermen
appoint m  and commonalty of the city of New York, in common council
cl erk    convened, shall and may from time to time, and at all times forever hereafter, choose and appoint a clerk to be clerk of the
common council of the city of New York only, and to remove
such clerk, and to appoint another from time to time, as often
as the said council shall deem fit so to do, which said clerk and
Efis duty. clerks so to be chosen and appointed, shall receive, have and
take charge of and keep such seal and all such muniments,
records, patents, deeds, minutes, writings and papers, belonging
to the mayor, aldermen and commonalty of the city of New
York, as the said common council shall, from  time to time,
direct or order to be delivered to and kept by the said clerk and
clerks, so from time to time, to be appointed, under the direction, and subject to the order and control of the said common
council: Provided, nevertheless, that nothing herein contained
shall be construed to prevent the legislature,a at anytime within
their discretion, from altering or repealing this section and the
last preceding section of this act.




COMMON COUNCIL-THEIR POWERS AND DUTIES.                      457
THE SALARY OF THE MAYOR.
CLXVIII. And be it further enacted, That the office of clerk of Ofrce  of
the market within the city of New York, and all and singular market and
the fees and profits, revenues and emoluments, granted by the fees granted
charter of the city of New York to the mayor of the said city, to the corpoor which the said mayor, by the said charter, or by any law or Nw York.
usage, is entitled unto or allowed to receive and take to his own
use, except the fees and perquisites which he is by law entitled
to as judge of the court of common pleas, called the mayor's
court, be, and the same hereby are, granted to and vested in
the mayor, aldermen and commonalty of the city of New York,
and their successors forever, and that it shall not be lawful to or
for any mayor of the said city of New York, at any time after
the passing of this act, to receive or take to his own use, any of
the said fees, profits, revenues or emoluments granted to and
vested in the said mayor, aldermen and commonalty of the said
city of New York, by this act as herein aforesaid; but that the
said fees, profits, revenues and emoluments, and every part
thereof, shall and may hereafter be received and taken by the
said mayor, aldermen and commonalty of the said city of New
York, or such officers and persons as they may, from time to
time, see fit to appoint for the purpose, to be used and applied
to the public use of the said mayor, aldermen and commonalty
of the said city of New York, and their successors forever.
CLXIX. And be it further enacted, That the mayor of the said Salry of ti; mayor to be
city of New York shall and may be allowed, and have to his fxdo by
own use, for his compensation as mayor of the said city of New councilYork, such part or proportion of the said fees, profits, revenues
and emoluments, or any of them, not exceeding in amount the sum Not to exof seven thousand dollars, nor less than the sum of five thousand nor be lees
five hundred dollars, as the said mayor, aldermen and common- than $5,50.
alty of the said city of New York, or their successors, in common council convened, shall, from  time to time, think proper
to allow  him: Provided, that it shall be lawful to and for the To be paid
said mayor, aldermen and commonalty of the said city of New oultf  fys
York, in common council convened, at any time or times to oe from city
allow and pay. out of the city treasury, to the mayor of the said
city for the time being, as and for his compensation, a yearly sum
not exceeding seven thousand dollars, nor less than five thousand
five hundred dollars, to be paidin quarterly payments, in equal proportions, on such days as the said common council shall appoint
for the purpose; and which said yearly sum or allowance shall
be in lieu of all fees, perquisites, revenues and other emoluments
whatsoever, except only the fees and perquisites of the said
mayor as a judge of the court of common pleas, called the
mayor's court: And provided also, that the compensation or ayos sallowance to the mayor of the said city, for the time being, ary, wen
when settled and agreed upon by the said mayor, aldermen and not to be diminished
commonalty of the city of New York as aforesaid, shall not be during the
diminished during the mayoralty of the said mayor.              mayorlty.




45  ACTS RELATING TO THE CITY OF NEW  YORK.
WELLS AND PUMPS.
Conmmc  to   CC. Ansd be it furtlecr enacted, That whenever, in the opinion
cause wells of the mayor, aldermen and commonalty of the said city, in comand pumps
to bo m^de. mon council convened, it shall be expedient to make a public
well and pump in any street or road of the said city, it shall be
lawful for the said common council to order the same to be done
accordingly, in such manner and at such place as they shall
Expense,  think most advisable, and the expense thereof shall be' estimated
hoe; sti-sse and asse  andssessed among all the owners or occupants of the houses
nd collect- and lots of ground intended to be benefited thereby, in the
manner directed in and by the one. hundred and seventy-fifth
section of this act, and shall be binding and conclusive in the
manner therein prescribed, and shall be collected in the manner
therein directed in the two hundred and fifty-ninth section of this
act.
Overseers of  CCI. And be itfurth/cr enacted, That it shall and may be lawful
w u Is    and
pumpsr to be to and for the mayor, recorder and aldermen, or any five of them,
ap'p0nte.'.whereof the mayor or recorder to be one, and they are hereby
directed and required, on the first Tuesday in May next, and on
the first Tuesday in May in every year thereafter, to nominate
and appoint one or more fit person or persons for each and every
of the wards of the said city, being inhabitants of the said city,
and actually resident in such respective wards, to be overseers of the wells and pumps in such respective wards, for the
year then next ensuing; all which persons so to be appointed
as aforesaid, shall have the care and charge of all and every the
public wells and pumps, which now are or hereafter shall be
sunk, or made in the ward for which he or they shall be so severally appointed overseers as aforesaid, of which appointment so
to be made, the said mayor or recorder with three or more aldermen, shall, within three days thereafter, send notice in writing, to each and every of the said persons so by them to be
appointed overseers as aforesaid, and if any public well or pump
shall stand in a street where two wards do join, then the aldermen of the two wards so joining, or, if they disagree, the mayor
or recorder with them, shall direct and appoint which of the
overseers shall take the care and charge of such well or pump;
and if any public well or pump shall stand in a street where
three wards do join, that then the aldermen of the said wards
so joining, or the major part of them, shall direct and appoint
which of the said overseers shall take the care and charge of
such well or pump.
Dutyofover-   CCII. And be itfurther enacted, That each and every person so
seers    to be appointed overseer as aforesaid, shall, within eight days
next after his being so appointed, and notice thereof to him
given  as aforesaid, cause all and every the wells and pumps
whereof he is or shall be appointed overseer as aforesaid, to be
viewed, examined, cleansed and put in good order and repair,




COMMON COUNCIL-THEIR POWERS AND DUTIES.                     459
and shall so keep and maintain them  from time to time as long
as he shall continue overseer thereof, and shall also, from  time
to time cause new pumps to be put in such wells as the alderman and assistant of the ward shall judge necessary; and in case TVnoc,
any one or more of the overseers, to be appointed byvirtue of this
act, shall remove out of the said city, or shall die before the
expiration of one year next after his being appointed, or being
appointed shall refuse to act, that then, and in either of the said
cases, it shall and may be lawful to and for the said mayor,
recorder and aldermen of the said city, or any five of them, whereof
the mayor or recorder to be one, by a majority of voices to
appoint another or others in his ortheirroom and stead, and so as
often as such case shall happen: And further, that all and every  verseers to
the overseers to be appointed by the said mayor, recorder and accounts tr
aldermen, by virtue of this act, shall keep just, fair and exact turpes'd
accounts of all and every sum and sums of money which they or
any of them  shall pay and expend in, about and towards the
cleansing, maintaining and keeping in good repair the wells and
pumps in his or their charge.
CCIII. Andl be itfurtlier enacted, That in case any or either of Peglty for
the overseers, so to be appointed by virtue of this act, shall ne- duty.
glect or refuse to accept the office, or having accepted thereof,
shall neglect or refuse to do his duty therein, as is required by
this act, every such person shall, for every such refusal, neglect
or delay, forfeit the sum of twelve dollars and fifty cents, lawful
money of this state, to be recovered by action of debt, with costs
of suit, in any court within this state having cognizance thereof,
by any person or persons who shall sue and prosecute the same  oa racv.:
to effect; one-half of which forfeiture, when recovered, shall be propriatd.
paid to the treasurer or chamberlain of the said city, for the time
being, and applied towards repairing such public wells and
pumps in the same manner as the other moneys to be raised for
that purpose are directed to be appropriated, and the other half
to the person who shall sue and prosecute for the same to effect,
as aforesaid.
CCIV. And be itftrtiher eacted, That the overseers of the pub- Oveorsr to
lie wells and pumps in each of the wards of the said city, shall, overy three
once in every three months, render to the mayor, aldermen and moth
commonalty of the said city of New York, in common council
convened, a just and true account, upon oath, of all and every
sum and sums of money by him  or them respectively paid and
expended in and about the cleansing, amending and repairing the
wells and pumps aforesaid, together with the vouchers or receipts
for the same, to be by them  inspected, examined and filed, and
the said common council of the city of New York, shall thereupon forthwith issue their warrant, to be signed by the mayor
or recorder presiding at such common council, directed to the
treasurer or chamberlain of the said city, for the time being, and




460              ACTS RELATING TO THE CITY OF NEW YORK.
requiring him to pay to such overseer so producing vouchers and
making oath to his account, the full amount thereof, out of any
moneys remaining in his hands for such purpose.
And whereas, divers disorderly persons have frequently been
guilty of cutting well-ropes and breaking the handles of pumps,
and doing other mischief to both, for prevention whereof for the
future,
Perlt on  CCV. Be it further enacted, That if any person or persons shall
damaging  willfully or maliciously cut any of the public well-ropes, or break
pumps) &O.                      c             piso
or injure the handles thereof, or do any other hurt or damage to
any ofthe said wells or pumps, and shall thereof be convicted
before the mayor, recorder, or any of the aldermen of the said
city, either by the confession of the party or parties so offending,
or by the oath of one or more credible witness or witnesses, he,
she or they shall, for every such offense forfeit the sum of five
Ro rcov- dollars, to be recovered with costs of suit, and levied by warrant
under the hand and seal of such mayor, recorder or alderman,
before whom such offender or offenders shall be convicted, onehalf of which forfeiture to be paid to the treasurer or chamberlain of the said city, for the time being, to be applied as
aforesaid, and the other half to the person or persons who shall
on refusalto prosecute for the same to effect; and upon refusal of payment of
pay, offender                                                i
to be corn- such forfeiture or forfeitures, and want of sufficient distress
brindwell  whereon the same can be levied, then the mayor, recorder or
alderman, before whom  such conviction shall take place, is
hereby empowered and required, by warrant under his hand and
seal, to commit every such offender to the bridewell or house of
employment of the said city, there to remain without bail or
mainprise, for the space of one month, or until such forfeiture
Master lia- and costs shall be paid; and if such offense shall be committed
at.r erv- by any apprentice, servant, or slave, such forfeiture shall be paid
by his or her master, mistress, or owner, or in default thereof,
such apprentice, servant, or slave shall be committed to the
bridewell or house of employment of the said city, in manner
aforesaid.
REPORT OF DEATHS.
Physicians    CCXXXIX. And be it further enacted, That whenever any
and surgeons
requred to person shall die in the city of New York, the physician or
perfo  cer- surgeon who shall have attended such person as a physician or
surgeon during his or her last sickness, shall leave a note in
writing, signed with his name, with some one of the family in
the house where such person shall have died, specifying the
name and apparent age of the deceased, and the disease of which
Penalty forhe or she shall have died; and every physician or surgeon
Dty ofsex refusing or neglecting to make and deliver such note, shall
ton before forfeit the sum of fifty dollars; and that no sexton of any church,
interring
dead bodies. or other person having charge of any cemetery, vault or buryingground in the said city, shall permit any dead body to be




COMMON COUNCIL-THEIR POWERS AND DUTIES.                    461
interred therein, until he has received such note in writing, so
signed as aforesaid; or in case no physician or surgeon shall have
attended such deceased person, or the physician or surgeon who
did attend shall have neglected or refused to collect such note,
then a like note, signed by some of the family in which such
person shall have died, the contents of which note in writing
shall be entered by such sexton on a blank schedule, to be
furnished by the clerk of the city and county aforesaid, and
delivered, together with the said schedule, on the Saturday in
every week, to the said clerk for publication, in such form as
may be designated by any present or future ordinance of the
mayor, aldermen and commonalty of the city of New York; and
that every sexton or other person having charge of any place of
interment, neglecting or refusing to perform any of the duties Penlty for
required' by this act, shall forfeit the sum of twenty-five dollars. duty.
CONVICTS, ETC., TO BE EMPLOYED ON PUBLIC WVORKS.
CCXLII. And be itfarther enacted, That whenever any person ertain conshall be convicted and sentenced to be imprisoned in the city and employed at
discretion of
county of New York, before the general sessions of the peace, crporation.
or any court of oyer and terminer there, of any offense under
the degree of such as as are or shall be punishable by imprisonment in the state prison, it shall and may be lawful for the
mayor, aldermen and commonalty of the city of New York, at
their discretion, to employ, or cause to be employed, the persons
who shall be so convicted and sentenced, at labor in and about
public work or otherwise, as the said mayor, aldermen and commonalty shall direct: Provided, that the term  of such employment shall not extend beyond the period for which such convicts
are sentenced to imprisonment as aforesaid.
CCXLIII. And be it further enacted, That it shall and may be Certain oth
lawful for the mayor, recorder and aldermen of the city of New how punishYork for the time being, or any two of them, in all cases where
by law they or any of them are authorized to inflict corporal
punishment for any crime or misdemeanor, except under the act,
entitled " An act for apprehending and punishing disorderly persons," to substitute at their discretion, instead of such corporal
punishment, a confinement of the: offender in the house of
employment or bridewell, belonging to the said city, to be kept
at hard labor therein or at any work or employment at any other
place within the said city, for any period not exceeding six
months, according to the nature of the offense; and also to confine and set to hard labor in manner aforesaid, and for any time
not exceeding six months as aforesaid, all disorderly persons who
have been legally removed from the said city, and shall have
unlawfully returned without bringing a certificate from the city
or town whereto they respectively belong; all common street
beggars, and all idle persons, not having visible means of liveli



462               ACTS RELATING TO THE CITY OF NEW  YORK.
hood, and who cannot give a good account of themselves, or
find sufficient sureties for their good behavior, who now are, or
from time to time shall come into or sojourn within the said
city.
PUTRID OR UNSOUND PROVISIONS, ETC., TO BE DESTROYED.
bef, &.,    CCLXI. And be it farther enacted, That whenever any putrid
whenstond orunsound beef, pork, fish, hides, or skins of any kind shall be
how destroyed.      found within the said city, it shall be lawful for the said mayor,
aldermen, and commonalty, or any one of the inspectors of those
articles, or any of them, or any person or persons acting under
them, or any of them, to cause the same to be destroyed, by
starting it, or casting them into the streams of the east or Hudson's rivers, below  low water mark, and at a suitable distance
from  the shore, or in such other manner as the said mayor,
aldermen, and commonalty shall or may, from  time to time,
direct.
PAWNBROKERS AND DEALERS IN SECOND-HAND FURNITURE, ETC.
Commu to    CCLXIII. And be it further enacted, That the said mayor,
regulate   aldermen, and commonalty of the city of New  York, in conbrokers and 1on council convened, may, from  time to time, make laws for
dealers iona                                                    t
secon-hnd the regulation of pawnbrokers and of dealers in the purchase
furiiture,&c. or sale of second-hand furniture, metals or clothes, in the said
city, which said laws shall require that every person carrying
on either of the said callings, trades or dealings, in the said
city, shall have a license for the same from  the mayor of the
said city, under the directions of the common council of the
said city, and every such pawnbroker or dealer shall pay for
such license, a sum to be determined by the said common council, not exceeding fifty dollars, which sum  shall be applied
towards the support of the poor of the said city.
Counlt     CCLXIV. And be it furthcer enacted, That the said mayor,
regulate   aldermen, and commonalty, in common council convened, shall
rates of interest to be have power and authority, from  time to time, to make laws
taken  by
pawn-    and ordinances for the regulating of the rates of interest to be
brokers.  taken by any person carrying on the trade or calling of pawnbroker in the said city, for any loan not exceeding the sum of
twenty-five dollars, notwithstanding such rate of interest may
exceed the sum of seven per cent. per annum: Provided always,
nevertheless, that the same do not exceed the rate of twentysix per cent. per annum.
awn-.       CCLXV. And be itfurther enacted, That every pawnbroker and
brokers, &c.,
toenter into dealer in the purchase or sale of second-hand furniture, metals
zeacnc-    or clothes, in the said city, shall enter into a recognizance to the
said mayor, aldermen, and commonalty, with one or more sufficient surety or sureties, in such sum as shall be directed by the




COMMON COUNCIL-THEIR POWERS AND DUTIES.                        463
common council of the said city, not exceeding one thousand
dollars, conditioned for the observance of such laws and ordinances as may be made by the common council of the said
city, in the premises.
ADDITIONAL POWERS GRANTED TO THE CORPORATION.
CCLXVII. And be it firther enacted, That the mayor, aldermen To pass lawi
and commonalty of the said city, in common council convened, and regulat
ing grounds,
shall have full power and  authority to make and pass such yards and
by-laws. and ordinances as they shall, from time to time, deem  llars
necessary and proper for the filling up, draining and regulating of
any grounds, yards or cellars, within the said city, that may be
sunken, damp or unwholesome, or which they may deem proper
to fill up, drain, raise, lower or regulate; and also, for causing
all such lots of ground in the said city adjoining to Hudson's
river, or to the east river or sound, as they may from  time to Forfiligup
time think proper, to be filled up with wholesome earth or other ingtherivers
solid materials, so far into the said rivers respectively, as they
shall from time to time deem expedient for promoting the health
of the said city; and for compelling the proprietors of such lots For compell
to make suitable bulkheads on, adjoining or opposite to such heads to be
lots, and to raise and fill up the same with such materials, and made
in such manner, and within such times as the said mayor, aldermen and commonalty, shall from time to time direct; and also, Fo SlPingup
for filling up, altering and amending, of all public slips in the
said city, at such times and in such manner as they may deem
proper; and for filling up, or altering' and amending all sinks Forv leans
and privies within the said city, and for directing the mode of sinks
constructing them in future, and for causing subterraneous drains
to be made from the same, where they may think it necessary; 
and for regulating, or if they find it necessary, preventing the nterment of
interment of the dead within the said city; and for the better Ftr dead.
regulating of boarding-houses and taverns in the said city, and ilg boarding
houses and.
the preventing the resort of crowds of disorderly persons to them; tavs. a
and for preventing the digging or turning up of made ground or For preventn~                 t) ^.       -.   t             ing the turngrounds, formerly  covered with water, during the  summer ing up of
new  made
months, without their permission.                                 ground.
CCLXVIII. And be itfurther enacted, That it shall and may be Commto
appoint in.
lawful for the said mayor, aldermen and commonalty, in com- petor of
mon council convened, to appoint one or more-persons as inspect- lots.
ors of lots in the said city, who shall have power at all times, Hid powy
between sunrise and sunset, to enter into any cellar, lot of ground,
or building of any kind, and to examine the state thereof, and to
report the same to the said common council, whenever he or
they shall judge that the health of the city may require any
alterations or regulations therein.
CCLXIX. And be it further enacted, That in all cases where the xronno orf
said by-laws or ordinances shall require anything to be done by wrks, how
and assessed.




464              ACTS RELATING TO THE CITY OF NEW, YORK.
or with respect to the property of several persons, or in relation
to the filling up, altering or amending, any of the public slips in
the said city, the said mayor, aldermen and commonalty, in
conil to common council convened, shall cause the expense of such works
pay one. to be estimated and assessed in the same manner as is directed
third part of
the expense in and by this act, with respect to the paving or regulating the
of filling up
sijlip   public streets in the said city; and where the same shall relate
to the filling up, altering or amending, the public slips as aforesaid, one-third of the expense attending the same shall be borne
by the said mayor, aldermen and commonalty, and the residue
by the persons in the vicinity, who may be benefited thereby,
and in other cases such expenses shall be borne by the persons
respectively, upon whom the same may be assessed as aforesaid.
Common
council may   CCLXX. And be-it further enacted, That it shall and may be
toe done, lawful for the said mayor, aldermen and commonalty, in all
a  recer cases where theymay deem  it necessary for the more speedy
from partiesexecution of the said by-laws and ordinances, or any of them,
to cause all such works as may be necessary for any of the purposes aforesaid, or any part thereof, to be executed and done at
their own expense, on account of the persons respectively upon
whom the same may be assessed, and shall have full power, and
are hereby authorized to levy the same, with lawful interest,
and all reasonable costs and expenses attending such proceedBy distress ings, by distress and sale of the goods and chattels of the proprietors or occupants of the property, upon or by reason of
which any such sum  shall have been assessed, or to recover the
o, beation amount of every such expense, by action of debt in any court
of record, from the persons respectively on whose account the
same shall have been incurred, their respective heirs, executors,
or administrators, in all which actions they shall also recover
lawful interest upon the said amount, with full costs of suit.
s  alc  ex   CCLXXI. And be itfurther enacted, That the amount of every
penses a lien
on property such expense, which the said mayor, aldermen and commonalty
assessed shall pay as aforesaid, on account of others, shall be a real incumbrance upon the houses and lots in respect to which such
assessments as aforesaid shall have been made, and shall bear
lawful interest until paid, and that the same may be recovered,
or the payment thereof, with costs, enforced in like manner as
if the said houses and lots were mortgaged to the said mayor,
aldermen and commonalty, for the payment thereof.
Common      CCLXXII. And be it further enacted, That the mayor, alderthorized to men and commonalty of the city of New York, in common
pass  laws
prohibiting council convened, shall have full power and authority to make
les of Suti- and pass such bylaws and ordinances as they shall from time to
day.    time deem necessary and proper to regulate or to prohibit the
purchase, sale and exposure to sale of any goods, wares or merchandise, fruits, herbs, liquors, meats, fish, or any other article




COMMON COUNCIL —THEIR POWERS AND DUTIES.                     465
or thing within the said city, on the first day of the week,
called Sunday, except fresh fish, which maybe sold prior to nine
o'clock in the forenoon; and also, to prohibit and suppress all Suppressing
gam.ing-houses and places for gaming in the said city, and also houses.
to regulate the butchers in the said city, and to prohibit and butgcuer
restrain them  from  carrying on their business at any other
times or places, than such as may be designated for that purpose by the said common council, and to prohibit and restrain
all and every person or persons, other than licensed butchers,
from carrying on the business or calling of a butcher, or any
branch or part thereof, in the said city; and also to regulate Regulatng
hackney coaches or carriages, and the owners  and drivers coaches.
thereof, and their rates of fare or carriage, requiring the owners
of such hackney coaches or carriages, to have a license from the
mayor of the said city, for the time being, under the directions
of the common council of the said city, and every owner of a
hackney coach or carriage, or hackney coaches or carriages, who
shall obtain such license, shall pay therefor a  sum  to  be
determined by the said Common Council, not exceeding five
dollars for each hackney coach or carriage, which sums shall be
applied towards the support of the poor of the said city.
CCLXXIII. And be it further enacted, That the said mayor, Tginagnd
aldermen and commonalty, in common council convened, shall dogs.
also have power and authority to make by-laws and ordinances
relative to the taxing and destroying of dogs within the said
city; and also relative to the sweeping of chimneys, appointing swieping of
and licensing a proper person or persons to superintend the
same, and generally to do whatever may be deemed by them
necessary and proper in the premises. Provided, such ordinances
be not repugnant to the constitution or laws of this state, or
the United States.
And for the more effectual and perfect execution of the laws
and ordinances of the said mayor, aldermen and commonalty,
CCLXXIV. Be it further enacted, that in all cases, not other- Common
council may
wise provided for in this act, it shall and may be lawful for the impose pehalties    for
said mayor, aldermen and commonalty, in common council con- breah ofby.
vened, from  time to time, to impose penalties for the non-laws.
observance of the same, not exceeding two hundred and fifty
dollars, and in all cases to direct, that such part of any penalty And direct
part  to  be
as they shall think proper, shall be paid and applied to paid to inthe use of the person  or persons who shall afford such o
information as to enable them  to prosecute the offender or
offenders to conviction: And further, that all laws and ordi- rlaaws to
nances of the said mayor, aldermen and commonalty, in corn- force three
mon council convened, may remain and continue in force for years
and during the period of three years from  the passing thereof,
unless the same shall be repealed by the said common council
-30




466               ACTS RELATING TO THE CITY OF NEW  YOORK.
or enacted for a shorter period, and shall always be renewable
at the pleasure of the said mayor, aldermen and commonalty, in
Provis.   common council convened.  Provided, that any ordinance, or
part of an ordinance passed in pursuance of the powers hereby
granted, may at any time be repealed by the legislature.
SUITS, PLEADINGS, ETC.
Sultis for Pe     CCCXI. And be it furt/her enacted, That all the penalties and
bobght   forfeitures imposed  by this act, except where the same are
hereinbefore otherwise  appropriated, shall be sued  for and
recovered, with costs of suit, in the name of the mayor, aldermen
and commonalty of the city of New  York, and the proceeds
thereof shall be by them  applied to the public use of the said
city.
Inhabtants     CCCXII. And be it further enacted, That upon the trial of
of New York
competent any issue, or upon the taking of any inquest, or making any
witnesses in..
cases where inquisition, or upon the judicial investigation of any facts
aorpoutrest. whatever, in which issue, inquest, inquisition or fact, the mayor,
ed.      aldermen and commonalty of the city of New York, are a party
or interested, no person shall be deemed an incompetent witness
for the reason that such person is an inhabitant, freeholder or
freeman of the city of New York.
ersons sued   CCCXIII. And be it further enacted, That if any person shall
for anything
done under be sued for anything done in pursuance of this act, it shall be
this act to
plead gener- lawful for such person to plead the general issue, and to give
al issue.  this act and the special matter in evidence.
Assessmepnts  CCCXIV. And be it further enacted, That it shall be lawful
perty in city for the respective officers and persons having the charge or
of New York
paid by per- superintendence of public property in the city of New  York,
n having belonging to this state, to  pay the sums assessed or to be
ame.    assessed thereon, or in respect thereto, by or under the authority
of the  mayor, aldermen and commonalty of the said city,
according to law, and that the treasurer, on the warrant of
the comptroller, pay to such officers and persons respectively,
oow reim the sums which they shall respectively so pay on the account
bursed.
aforesaid, due proof being first made of such payment to the
satisfaction of the comptroller.
This act declared a pub   CCCXV. And be it firther enacted, That this act shall be
lic act    considered a public  act, and  be liberally  expounded  and
construed to advance the ends thereof.




COMMON COUNCIL-THEIR POWERS AND DUTIES.                    467
1817.-CHAPTER XXV.
AN ACT relative to Cisterns in the Streets of the city of New York.
-Passed January 31, 1S17.
Be it enacted by the People of the State of New York, represented
in Senate and Assembly, That whenever in the opinion of the
mayor, aldermen and commonalty of the city of New York, in
common council convened, it shall be expedient to make a
public cistern in any of the public streets, roads, or places in
the said city, it shall be lawful for the said common council to
order the same to be done accordingly, in such manner and at
such places as they shall think most advisable, and the expense
thereof shall be estimated and assessed among all the owners or
occupants of the houses and lots of ground intended to be
benefited thereby, in the manner directed in and by the one
hundred and seventy-fifth section of the act, entitled " An act to
reduce several laws relating particularly to the city of New York
into one act," passed April 9, 1813, and shall be binding and
conclusive, in the manner therein  prescribed, and shall be
collected in the manner therein directed, or in the manner
directed in the two hundred and fifty-ninth section of the said act.
1821.-CHAPTER LXXI.
A4N ACT concerning Swine in the City of New  York.-Passed
February 27, 1821.
Be it enacted by the People of the State of New  York, represented Powers (r
in Senate and Assembly, That it shall be lawful for the mayor, tion in realdermen and commonalty of the city of New York in common  wd.  t
council convened, or the major part of them, to make and
establish, from time to time, such laws and ordinances as they
may deem necessary for the purpose of preventing swine from
running at large in any of the streets, alleys, lanes and public
places in the said city, and for impounding or forfeiting all swine
which shall be found so running at large in said city, for such
uses and purposes as the said mayor, aldermen and commonalty
of the city of New York, in common council convened, may
direct.
1821.-CHAPTER  CLXI.
AN  ACT respecting the Sealers and Inspectors of Weights and
Measures in the City of New York.-Passed March 27, 1821.
I. Be it enacted by the People of the State  of New  York, Part of an
represented in Senate and Assembly, That so much of the act, ct rpealed.




468              ACTS RELATING TO THE CITY OF NEW YORK.
entitled " An act to regulate weights and measures," as provides
for the appointment of an assistant state sealer, who shall reside
in the city of New York, be and the same is hereby repealed.
[Sections 2 and 3 repealed by sec. 329 of chap. 21, 2d session,
1828.]
msy betap   IV. And be it further enacted, That it shall be lawful for the
ptsd alr mayor, aldermen and commonalty of the city of New York, in
etc.    common council convened, to appoint an inspector of weights
and measures, and as many sealers of weights and measures as
they may deem  proper, in the city and county of New  York,
and at pleasure to remove him or them from office, and to
appoint others in their places.
Duties and  V. And be it further enacted, That it shall be lawful for the
fees  of  in-.
spectors and mayor, aldermen and commonalty of the city of New York, in
sealers how
regulated. common council convened, from time to time, to pass such
by-laws and ordinances as they may deem proper for regulating
the duties and fees of the said inspector, and of the sealers of
wveights and measures, and for imposing such penalties for using
weights and measures and scale-beams, which shall not have
been inspected and sealed, in conformity to such by-laws and
ordinances, as the said common council may, from time to time,
pass and ordain upon the subject: Provided, such by-laws and
ordinances shall not be repugnant to the constitution and laws
of this state or of the United States.
1822. —CHAPTER XV.
AN  ACT relative to Intelligence Offices in the city of New
Tork.-Passed February 4, 1822.
ffitelligtne   Be it enacted by the People of thie State of NczO York, represented
regulated, in Senate and Assembly, That the mayor, aldermen and commonalty of the city of New York, in common council convened,
shall have full power and authority to make and pass such
by-laws and ordinances as they shall, from time to time, deem
necessary and proper, for the regulation of intelligence offices
in the city of New York, or to prohibit the keeping of such
offices, and for requiring that no person shall keep any such
office without first obtaining a license for that purpose, from the
mayor of said city, and paying therefor such sum of money as
the said common council may require. And also to impose
penalties.for the non-observance of any such  by-laws and
ordinances, and keeping such houses without such license, not
exceeding two hundred and fifty dollars for each offense.




COMMON COUNCIL-THEIR POWERS AND DUTIES.                    469
1824.-CHAPTER XLIX.
A4N ACT to amend an act, entitled "An act to reduce- Several
Laws relating particularly to the City of New York, into one act,"
-passed April 9, 1813.-Passed February 21, 1824.
Whereas, doubts have arisen whether the two hundred and Preamble.
seventieth section of the act above mentioned applies to all the
laws and ordinances of the mayor, aldermen and commonalty of
the city of New York, in common council convened, touching
any acts, works or labor to be done and performed, and improvements to be made in the said city, which under that act, or any
other act or acts of the legislature, they are authorized to pass,
order and direct, and the expenses of which may be estimated
and assessed on the owner or occupants of all the houses and
lots intended to be benefited thereby, by skillful and competent
disinterested persons appointed by the said common council;
therefore,
I. Be it enacted by the People of the State of New York, repre- Aectiero
sented in Senate and Assembly, That the provisions of the above tended.
section shall apply to all and every the laws, ordinances, orders
and directions which the said corporation are authorized to make
under and by virtue of any part or section of the aforesaid act,
or of any other act or acts of the legislature;. and that the two
hundred and seventy-first section shall in like manner apply
thereto, and that assessments for any such expenses, with inte- sA  nt
rest, may be made as directed in and by the one hundred and li, etc.
seventy fifth section of said act, and shall be a real incumbrance
upon the houses and lots, lands and. tenements therein mentioned, which may be sold for any such assessment thereon, and
every remedy and proceeding had for the collection thereof,
according to the provisions of an act, entitled " An act for the
more effectual collection of taxes and assessments in the city
of New York," passed April 12, 1816, and any act amendatory
thereof.
II. And be it further enacted, That it shall and may be lawful RgUlatolrsg
for the said mayor, aldermen and commonalty, in all cases where or filling up
they may deem it necessary for the more speedy execution of
any by-law or ordinance requiring the owner or joint owners,
agent or joint agents, lessee or joint lessees, and occupant or
joint occupants of any lot or lots, to fill up or raise such lot or
lots forthwith upon the passage of such by-law or ordinance, or
at any time thereafter, when they may deem it expedient. to
cause such lot or lots to be filled up or raised, at their own
expense, on account of such owner or owners, agent or agents,
lessee or lessees, and occupant or occupants respectively; and
the said mayor, aldermen and commonalty shall have full power,
and are hereby authorized to levy the same, with lawful interest,




470                ACTS RELATING TO THE CITY OF NEW YORK.
and all reasonable costs and expenditures attending such proceedings, by distress and sale of the goods and chattels of such
owners, agents, lessees or occupants, or to recover the amount
of every such expense, by action of debt, in any court of record,
from the persons respectively on whose account the same shall
have been incurred, their respective heirs, executors or administrators; in all which actions they shall also recover lawful interest upon the said amount, with full costs of suit.  A7ndfurther,
Amounti do that the amount of the moneys which the said mayor, aldermen
a-c.    and commonalty shall have advanced for the above purposes,
with lawful interest for the same, shall be deemed a lieu on such
lot or lots, and that such lot or lots may be sold therefor, according to the provisions of the said act for the more effectual collection of taxes and assessments in the city of New York, or any
act amendatory thereof, in the same manner as if the said
amount and interest had been charged on the said lot or lots by
virtue of an assessment.
1822.- CHAPTER CI.
AN ACT authorizing the erection of Public Markets in front of
Public Wharfs, in the city of New Yorkl.-Passed March 22,
1822.
Publictn ay   Be it enacted by the People of the State of New York, represented in
erected.   Senate and Assembly, That it shall be lawful for the mayor,
aldermen and commonalty of the city of New York, in case they
shall find it necessary, to cause public markets to be erected and
kept over the waters of the east and north rivers adjoining to
Proviso.  any of their docks or wharfs in the city of New York: Provided,
That said markets shall not interfere with the flow of the waters
of the said rivers, nor be built over the same so as to occupy a
distance exceeding one hundred feet from the lines of the city,
as established by law, on said rivers.
1824.  CHAPTER L.
AN AC 71 relating to Hackney Coaches and Carriages in the city of
New York.-Passed February 21, 1824.
Owners, etc.,  I. Be it enacted by the People of the State of New York, represented in Senate and Assembly, That the owner of every hackney
coach or carriage, or hackney coaches or carriages, in the city of
New York, who shall obtain such license as is mentioned in
the two hundred and seventy-second section of the act, entitled
"An act to reduce several laws, relating particularly to the city




COMMON COUNCIL-THEIR POWERS AND DUTIES.                  471
of New York, into one act," passed April 9th, 1813, shall pay
therefor annually, to the common council of the said city, a sum
to be determined by the said common council, not less than
five dollars, and not exceeding twenty dollars, for each hackney
coach or carriage.
II. And be itfurther enacted, That so much of the said two hun- Par of a
dred and seventy-second section of the act before mentioned, as pealed.
may be inconsistent with the provisions of this act, be, and the
same is hereby, repealed.
1831.-CHAPTER CLVIII.
AN ACT' relative to boring the Earth for Water, in the City of New
York.-Passed April 18, 1831.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. It shall be lawful for the mayor, aldermen and commonalty of the city of New York, in common council convened,
whenever they shall deem it expedient, to cause the earth to be
bored for the purpose of obtaining water, in any street, road or
public highway in the said city, and to order the same to be
done accordingly in such manner, and at such place or places in
the said city, as they shall think most advisable; and the
expense thereof, and of pumps and other fixtures connected
therewith, shall be estimated and assessed among the owners or
occupants of the houses and lots of ground intended to be
benefited thereby, and shall be collected in like manner as is
now authorized by law with respect to public wells and pumps
and cisterns in the said city.
1832.-CHAPTER CLVIII.
AN  ACT declaring the mode of proving the Ordinances of the
Common Council of the City of New York, and other Records,
Documents and Proceedings.-Passed April 17, 1832.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. Every act, ordinance, resolution or proceeding of the o to be
common council of the city of New York, may be read in
evidence in all courts of justice in this state, either,




472             ACTS RELATING TO THE CITY OF NEW YORK.
1. From a copy of such act, ordinance, resolution or proceeding, certified by the clerk of the common council, with the seal
of the corporation affixed, or,
2. From  the volume of ordinances printed by authority of
the common council.
Charter   of
the cty.  SEC. 2. The charter of the city of New York may be read in
evidence fiom the volume containing such charter printed by
authority of the common council, or from a copy certified by
the clerk of the common council.
of common   SEC. 3. A copy of the proceedings of either chamber of the
council  common council, certified by the clerk thereof, may be read in
evidence in all courts of justice in this state.
icenses.    SEC. 4. A certificate of the mayor of New York, or of the
clerk of the common council, of the granting or renewal of any
license, may be read in evidence in any court of justice in this
state, to prove the existence of such license.
Board of    SEC..5. The proceedings of the board of health may be read
hlialth.
in evidence from a copy of such proceedings, certified by the
secretary of the board of health, or the presiding officer of such
board.
Proclama-    SEC. 6. All proclamations by the mayor of the city of New
tiols.    York may be proved in all courts of justice, by the producing a
copy of such proclamation, with the certificate of the mayor
that the same is a copy, and has been published according to
law. The evidence authorized under the provisions of this act
to be considered prima facie evidence only.
1834.-CHAPTER  CLXVII.
AN  ACT respecting  Inspectors and Sealers of Weights and
Measures in the City of New York.-Passed April 22, 1834.
The People of the State of New York, represented in Senate
and Assembly, do enact as follows:
SEC. 1. It shall be lawful for the common council of the city
of New York to appoint two inspectors of weights and measures
instead of one, as now provided by law for the said city, and at
pleasure to remove them or either of them, and to appoint
others in their place.
SEC. 2. The said common council may assign a particular
district of the said city for each of the said inspectors, and




COMMON COUNCIL-THEIIt POWERS AND DUTIES.                     473
likewise for each of the sealers of weights and measures in the
said city, and may confine them  in the performance of their
duties to such districts respectively.
1836.-CHAPTER  CCXLIX.
AN ACT to authorize the raising of certain Wooden Buildings in'
the City of New York.-Passed May 4, 1836.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. In  all cases in which the surface or level of any
street in the city of New York shall have been raised, or shall
hereafter be raised, it shall be lawful, with the permission of
the common council of the said city, to raise any wooden building
fronting upon such street, which shall have been built or placed
there previous to the raising of such street.
1837.-CHAPTER  CLX.
AN  ACT relative to the Ordinances of the Common Council of
the City of New York.-Passed April 6, 1837.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows;
SEC. 1. All ordinances heretofore passed by the common todonante
council of the city of New York, and now in force, and all ordi- n force.
nances hereafter to be passed by the said common council, shall
remain and continue in force until the same shall be repealed.
SEC. 2. So much of the two hundred and seventy-fourth sec- Pat repealtion of the act, entitled " An act to reduce several laws relating
particularly to the city of New York into one act," passed
April 9, 1813, as is repugnant to the first section of this act, is
hereby repealed.
1843.- CHAPTER LVII.
AN ACT  to prohibit Members of Common Councils of Cities,
Trustees of Villages and Supervisors of Towns, to be interested
in certain contracts.-Passecd March 20, 1843.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. It shall not be lawful for a member of the common Prohibition
as to concouncil of any city in this state, or a trustee of any village, mon council.
men, &G.




474               ACTS RELATING TO THE CITY OF NEW  YORK.
or the supervisor of any town, to become a contractor under
any contract authorized by the common council, board of trustees, or board of supervisors, of which he is a member, or to be
in any'manner interested directly or indirectly, either as principal or surety, in such contract.
As to town, SEC. 2. No town, county, city or state officer shall be interand stat  ested in any contract made by such officer, or be a purchaser or
interested in any purchase at any sale made by such officer, or
a seller at any purchase made by such officer in the discharge
of his official duty.
contracts    SEC. 3. Contracts in violation of the provisions of the 1st and
ay be doe 2d sections of this act may be declared void at the instance of
clared void.        oai
the city, county, village or town interested, or of any other
party interested in such contract, except the officers mentioned
and prohibited in said sections from making or being interested
in such contracts.
1S49.-CHAPTER  CXC.
AN  ACT to prevent the throwing of Offal and other filthy Substances in the Streets of the City of New York. —Passed April 2,
1849.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Restrictions   SEC. 1. No ashes, offals, vegetables, or garbage, shall at any
as to ashes,.
offals, &c. time be cast or laid in any street, lane, or alley, in the city of
New  York, but shall be placed in some suitable vessel for
removal, in such manner as the common council of said city
shall by ordinance direct.
Drossshells,  SEC. 2. No dross, cinders, shells, straws, shavings, dirt, filth,
or rubbish, of any kind whatever, shall at any time be cast or laid
in any lane or alley of the said city, or in any public square or
place therein.
Penalty.   SEC. 3. The mayor, aldermen, and commonalty of the city of
New York, in common council convened, are hereby authorized to
declare offenses against the provisions of this act to be misdemeanors, and to prescribe punishments therefor by fine,' of not
more than ten dollars, and imprisonment in the city prison, of
not more than five days.
Powers of    SEC. 4. The justices of the assistant justices' courts of said
justices   city shall have jurisdiction to hear and determine all complaints
arising under this statute.
SEC. 5. This act shall take effect immediately.




COMMON COUNCIL-THEIR POWERS AND DUTIES.                       475
1851. -CHAPTER  CCCCXXIII.
AN  ACT in relation to the Dealers in Secondhand Articles and
Keepers of Junki Shops in the city of New York.-Passed July
9, 1851.
The People of the State of New York, represented in Senate and
Assembly, do enact asfollows:
SEC. 1. Sections twenty and twenty-one of an act entitled " An
act relative to the powers of the common council of the city of
New  York, and the police and criminal courts of said city,"
passed January 23, 1S33, shall apply to dealers in secondhand
articles and keepers of junk shops. (1)
I851.-CHAPTER DXV.
AN  ACT to prohibit the sale of Firewood in the city of New
York by Unlicensed Persons.-Passed July 11, 1851.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. No person other than a licensed cartman shall sell or
expose for sale, in any of the streets of the city of New  York,
any firewood of any description.
SEC. 2. The mayor, aldermen, and commonalty of the city of
New York, in common council convened, are hereby authorized
to declare offenses against the provisions of this act to be misdemeanors, and to prescribe punishments therefor, by a fine of
not more than ten dollars, and imprisonment in the city prison,
of not more than five days.
SEC. 3. The justices of the assistant justices' courts of said city
shall have jurisdiction to hear and determine all complaints
arising under this statute.
1853.-CHAPTER  DLII.
AN  _ACT to authorize thefounding of a Garden in the City of New
York for Horticultural.Purposes.-Passed July 18, 1853.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The mayor, aldermen and commonalty of the city and feayor, alcounty of New York shall have the power to grant the free use commonalty,
of such a portion or portions of any public park or parks that pogrto  of
any park for
horticultural
(1) See the act referred to, under the head " Courts."        garden.




476              ACTS RELATING TO THE CITY OF NEW YORK.
may hereafter be created, made, orlaid out in said city, as may not
interfere with the general design and utility of any such park or
parks, for the purpose of founding a garden for horticultural
purposes, which shall be under the direction of the New York
Horticultural Society during its existence, and which shall be
subject to the free admission of the public at all times, with
only such restrictions as may be necessary and proper for the
preservation of the gardens and the maintenance of order.
Struct"es    SEC. 2. And the said mayor, aldermen and commonalty shall
authorize and permit the said horticultural society to erect such
structures and allow of such accommodations in such garden or
gardens, on such park or parks, as in their judgement may be
deemed meet and proper.
1853.-CHAPTER DCIII.
AN ACT to restrict and regulate the Power of Municipal Corporations to borrow Money, contract Debts and loan their Credit.
-Passed July 21, 1853.
The People of the State of New Yor7c, represented in Senate and
Assembly, do enact as follows:
orpora- o  SEC. 1. No municipal corporation shall in any manner hereafter
make loans, loan or give its credit to or in aid of any individual, association
or corporation.
Power to   SEC. 2. No municipal corporation of any city or village shall
contract                                          y
debts re- borrow money or contract debts, except in the manner herein
stricted.
provided; and every evidence of debt hereafter issued by any
such corporation shall be void, unless issued in conformity to
the provisions of this act.
Amount of
debts that  SEC. 3. No municipal corporation of any city or village shall
rat becon- contract any debt, the amount of which shall, exclusive of the
debt now owing by said corporation, exceed at any time a sum
equal to five per cent., nor inclusive of such debt shall the same
exceed eight per cent. of the aggregate valuation of the real
estate within its bounds, to be ascertained by the last corrected
valuations of the assessors of such corporation, as established by
the board of trustees, common council, or board of supervisors,
as the case may be.
Temporary   SEC. 4. No money shall be borrowed on temporary loan by any
such municipal corporation, except in anticipation of the taxes
of the current fiscal year, and the same shall always be made




COMMON COUNCIL-THEIR POWERS AND DUTIES.                      477
payable and shall be paid within eight months from the time in
which such temporary loan is made.
SEC. 5. No funded debt shall be contracted by any municipal tdet how
corporation, unless it be for a specific object, to be expressly nracte
stated in the ordinance proposing the same, nor unless such ordinance shall have been passed by two-thirds of all the members
elected to the common council or board of trustees of such
corporation, and shall have been submitted to and approved of
by a majority of the tax payers of any such city or village at a
special election to be appointed for that purpose, by the said
common council or board of trustees, nor unless the Legislature
shall by law have ratified such ordinance, and shall have provided for levying and collecting, annually, a tax which shall be
sufficient to pay the interest accruing upon the debt; and also
an additional sum which shall be equal to at least five per cent,
of the total amount of the debt, which latter sum shall constitute
a sinking fund for the redemption of the principal of the debt;
and such sinking fund shall be and remain sacred and inviolate
for that purpose, and the said annual tax shall be levied and
collected, until sufficient is realized to pay and extinguish the
principal of such funded debt, and the interest thereon.  All the
laws relating to the election of charter officers of any such corporation shall apply to every such election, held pursuant to
this section, so far as the same are applicable.
SEc. 6. Nothing in this act contained shall be deemed to alter, ^s,
repeal or modify any law now existing, authorizing any municipal corporation to borrow money, contract debts and issue bonds,
obligations or evidences of debts.
1860.  CHAPTER XXXIX.
AN  ACT to compel the Attendance of Witnesses before Committees
of Common Councils of Cities, and to punish False Swearing by
such Witnesses.-Passed February 18, 1860, "three-fifths being
present."
The People of the Stateof New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. Whenever the common council of any city within we"  wit
this state shall have appointed a committee of members of their be subrIY
body upon any subject or matter within the jurisdiction of such
common council, or to examine any officer of the city in relation to the discharge of his official duties, or to the receipt or
disbursement by him  of any moneys in the discharge of said




478              ACTS RELATING TO THE CITY OF NEW YORK.
duties, or concerning the possession or disposition by him, in
his official capacity, of any property belonging to the city; or
to use, inspect, or examine any book, account, voucher, or document, in the possession or under his control as such officer,
of commit- relating to the affairs or interests of such city; the chairman of
tee to ad- any such committee is hereby authorized to administer oaths to
minister
oaths, &c. all such witnesses as may appear or be brought before such
enalty for committee; and every person who shall willfully and corruptly
ing.    swear, testify, or affirm  falsely, to any material matter, upon
any oath or affirmation administered by the chairman of any
such committee, upon any such investigation or inquiry, shall,
upon conviction thereof, be adjudged guilty of perjury, and
shall be punished in the manner prescribed by subdivision two,
of section two, of article first, title four, chapter one, part
fourth of the Revised Statutes.
dent sit-    SEC. 2. Upon application by the chairman or a majority of
nesses.   any such committee to a justice of the supreme court, or to
the county judge of the county in which the city is situated, or
Sor,. s    to the recorder of such city, and it satisfactorily appearing to
such justice, judge, or recorder, that the testimony of any witness named, residing in this state, is or may be material in such
investigation or inquiry, such justice, judge, or recorder shall
issue a summons to such witness, requiring him  to appear
before said committee, to testify in the matter of such investigation or inquiry, at a time and place, within such city, to be
specified in said summons.  Such summons shall be served by
showing to the witness the original summons, under the hand
of the officer issuing the same, and delivering to such witness
a copy of the summons, or a ticket containing its substance,
and paying to him the fees of witnesses in civil actions in courts
of record.
etgcs t of  SEC. 3. In case of the failure of any witness to attend, as
attend.   directed in and by said summons, the justice or officer issuing
the summons, upon due proof of the service thereof, and of the
failure of such witness to appear, or to produce such books and
papers, according to the exigency of such subpoena, or shall
refuse to testify before such committee, or to answer any question which a majority thereof shall decide to be proper nnd
pertinent, he shall be deemed in contempt, and it shall be the
Attchment. duty of said justice or officer to issue an attachment, in the
form usual in the court of which he shall be judge, directed to
the sheriff of the county where such witness was required to
appear and testify, commanding the said sheriff to attach such
person and forthwith bring him before the said justice or officer.
On the return of the attachment, and the production of the
body of the defendant, the said justice or officer shall have jurisdiction of the  matter, and the person charged may purge
"ontempt. himself of the contempt in the same way, and the same pro



COMMON COUNCIL-THEIR POWERS AND DUTIES.                  479
ceedings shall be had, and the same penalties may be imposed,
and the same punishment inflicted, as in cases of a witness
subpoenaed to appear and give evidence on the trial of a civil
cause before a circuit or special term of the supreme court.
SEC. 4. The act entitled " An act to enable the common La repeal
council of the city of New York to take testimony in matters
referred for investigation or inquiry," passed February eighth,
eighteen hundred and fifty-five, is hereby repealed.
SEC. 5. This act shall take effect immediately.
1860.-CHAPTER CLV.
AN ACT in relation to Bale HIay and Hay Scales.-Passed
April 3, 1860.
The People of the State of New York, reprcsented in Senate and
Assembly, do enact as follows:
SEC. 1. Every person who shall put up and press any bundle nitial tod
or bale of hay for market shall mark or brand, in a legible man- to bundles
or bales.
ner, the initials of his name on some board or wood attached
to such bundle or bale of hay.
SEC. 2. No person shall put or conceal in any such bundle or
bale of hay any wet or damaged hay, dirt or stones, wood or
other materials, for the purpose of increasing the weight of
such bundle or bale.
SEC. 3. The mayor of the city and county of New York is Duty of
hereby authorized and empowered to regulate, license, and
from time to time to fix the number of hay scales in said city,
and for cause to revoke any license given by him; and all
persons in said city are prohibited from giving certificates of
weight of hay, except those who have received such license, who
shall be required to mark legibly on each bale the gross weight
thereof.
SEC. 4. Any person violating any of the provisions of thisFine fo.
act shall be subject to a fine of twenty-five dollars for each
offense.
SEC. 5. This act shall take effect immediately.




480              ACTS RELATING TO THE CITY OF NEW YORK.
1861. -CHAPTER CCCVIII.
AN ACT relative to contracts by the Mayor, Aldermen and Commonalty of the city-of New York.-Passed April 17, 1861, "threefifths being present."
The People of the-State of New York, represented in Senate and
Assembly, do enact asfollows:
Awarding of SEC. 1. All contracts by or on behalf of the mayor, aldermen
sontracts.
and commonalty of the city of New York shall be awarded to
the lowest bidder for the same respectively with adequate security, and every such contract shall be deemed confirmed in and
to such lowest bidder, at the time of the opening of the bids,
estimates or proposals therefor, and such contract shall be forthwith duly executed i.n the name of said mayor, aldermen and
commonalty, by the head of the department having cognizance
thereof, with such lowest bidder.  All contracts now pending
before the said common council for confirmation shall respectively be deemed to be valid, and confirmed in and to the lowest
bidder for the same with adequate security, and such contracts
shall be executed in the manner aforesaid, at- the expiration of
fifteen days from  the passage of this act.  The power and
authority now vested in the common council of said city relative
to assessment lists and the confirmation thereof is hereby
devolved upon and vested exclusively in the comptroller, counsel to the corporation and recorder of said city, who together
shall constitute a board of revision and correction of all such
assessment lists, and the vote of a majority of such board shall
decide all questions in regard thereto. The revision of such
assessment lists shall be made without delay, so that the same
shall be confirmed within thirty days from the time they shall
respectively be presented for confirmation, and if not so confirmed, they shall be deemed to be confirmed at the expiration
of thirty days from the time they shall be respectively so presented for confirmation. All assessment lists pending before the
common council for confirmation at the time of the passage of
this act shall be forthwith presented to the said board of revision
and correction for confirmation as herein provided.
SEC. 2. Section four of chapter five hundred and nine, of the
laws of eighteen hundred and sixty, entitled "An act to enable
the supervisors of the county of New York to raise money by tax
for city purposes, and to regulate the expenditure thereof; and
authorizing the board of supervisors of the city and county of New
York to levy a tax for county purposes, and to regulate the
expenditure thereof; and also to borrow money in anticipation
of the collection of the said tax; and to issue county revenue
bonds therefor," passed April seventeenth, eighteen hundred and




COIMM ON COUNCIL-THEIR POWERS AND DUTIES.                  481
sixty, is hereby amended by striking out all the fourth section
of said act occurring after the word " awarded," in the fortyseventh line of said section, as appearing in the session laws of
the year eighteen hundred and sixty, and inserting in lieu thereof the following: "to the lowest bidder, who shall give adequate
security, in manner and form as now provided for by law.  In
case the contract is not confirmed by the common council
within fifteen days after the opening of the bids, the same
shall become a law, and binding upon the city."
SEG. 3. All acts and parts of acts, inconsistent with this act,
are hereby repealed.
SEC. 4. This act shall take effect immediately.
31




COMMON SCHOOLS.
1851. —CHAPTER  CCCLXXXVI.
A4N.ACT to amend, consolidate and reduce to one act the various
acts relative to the Common Schools of the City of New Yorkc.Passed July 3, 1851, " three-fifths being present."
The People of the State of New  York, rcpresented in Senate and
Assembly, do enact as follows:
OF SCHOOL OFFICERS AND THEIR ELECTION.
[This act was amended by chap. 301, Laws of 1S53, and chap.
101, Laws of 1854, and by chap. 267, Laws of 1854, to read as
follows:]
School ofm-   SEC. 1. There shall be two commissioners, two inspectors,
cere  of
whom  to and eight trustees of common schools, in each of the wards of'onsist   the city of New York, who shall be known as the school officers
of the ward.
Election and  At every general election there shall be elected, in each of the
term of office
said wards, one commissioner, one inspector, and two trustees of
common schools, who shall take office on the first day of January next succeeding their election, and hold the same for the
following terms: the commissioner and inspector for two years
each, and the trustees for four years each.
Term of   The commissioners, inspectors and trustees of common schools'office    in office shall continue to hold their offices until the first day of
January, one thousand eight hundred and fifty-five, and until
the expiration of the terms for which they were elected by the
people, as determined by lot, or for which they were appointed
rb.     by the public school society; and the trustees, elected by the
people, previous to the first day of January, one thousand eight
hundred and fifty-three, shall also continue in office until the
thirty-first of December next succeeding the expiration of the
terms for which they were respectively elected; P-Poviled, however, That the term of office of every trustee elected before the
first day of January, one thousand eight hundred and fifty-four,
shall cease and terminate on or before the first day of January,
one thousand eight hundred and fifty-eight.
In the case of two or more trustees, chosen at the same
election, in any ward, such trustees shall cease to hold office as
follows: Those elected before the first day of Januarv, one




COMMON SCHOOLS.                              483
thousand eight hundred and fifty-three, on the thirty-first day
of December next succeeding the expiration of their respective
terms, as legally determined by lot or otherwise; and those
elected after the said first of January, at the expiration of their
respective terms, as legally determined by lot or otherwise,
unless otherwise provided by this act; and in every case in
which there has not been such a legal determination of terms,
the board of education shall, on the first Wednesday in May, one
thousand eight hundred and fifty-four, determine by lot and
declare the term for which each of the trustees shall serve.
The board of education shall, on or before the first day of
June, one thousand eight hundred and fifty-four, prepare and
cause to be filed in the office of the.the clerk of the said board
a list of all the school officers then in office, stating which of
them were elected by the people, which of them were appointed
by the public school society, and which of them were appointed
by the board of education, to fill vacancies, and also the times at
which the said school officers will respectively cease to hold
their offices, which list shall be primafacie evidence in respect to
the matters hereby required to be stated therein.
The school officers previously appointed to fill vacancies shall
continue in office until the first day of January, one thousand
eight hundred and fifty-five, and no longer; and every person lb.
thereafter appointed to fill a vacancy in a school office shall
hold his office until the first day of January next succeeding the
time of his appointment, and no longer.
Every vacancy in the office of a commissioner, inspector, or howsuppled
trustee of common schools, occurring more than twenty days
previous to any general election, shall be filled at the next general election; and every person chosen to fill a vacancy shall
take office on the first day of January next succeeding the
election, and hold the same for the residue of the term; and, in
every such case, the person voted for to fill a vacancy shall be
designated in the ballot by the words, "to fill vacancy,"
written or printed immediately over his name, and shall also be
so designated in the returns of the election, and if there be more
than one vacancy in the office of trustee in any ward, to be filled
at the same election, each person voted for to fill a vacancy
shall be designated on the ballot and in the feturns, by adding
the number of years for which he is to serve, to the words " to
fill vacancy;" so that the designation will read, " to fill vacancy
of      years."
In case, in any ward, the number of trustees in office shall at
any time be less than eight, the board of education shall have
power, upon the nomination of the school officers of the ward,
to appoint as many trustees as will make, including the trustees
previously in office, eight trustees for the ward; but the trustees i'
so appointed shall cease to hold office on the first day of January
next ensuing, and their successors shall be chosen at the next
general election, to serve for such number of years, respectively,
as the board of education may designate




4S4               ACTS RELATING TO THE CITY OF NEW  YORK.
The board of education shall, at least fifteen days previous to
every general election, cause to be filed in the office of the clerk
of the common council a list of the school offices to be filled at
the next general election, stating the names of the officers whose
terms will expire; and also, in each case of an unexpired term in
which a vacancy is to be filled, stating the number of years
which the person elected to fill the same will be entitled to
serve.
acancies,    The elections held by virtue of this act shall be subject to the
how supplied
same laws and regulations, in all respects, as those which govern the general elections in said city. The ballots for school
officers shall be indorsed " Common Schools," and deposited in
a separate box to be provided therefor.
ahiol ofr   Every school officer shall, before entering on the duties of
his office, and within fifteen days after the commencement of
the term  for which he is elected, or from  the time of being
notified of his appointment to fill a vacancy, take and subscribe
before the clerk of the board of education the oath prescribed
by the constitution of this state. And any school office, to which
any person, who shall omit to take the said oath within the time,
and in the manner above prescribed, may have been elected or
appointed in said city, shall be considered as vacant from and
after the expiration of said fifteen days, and the vacancy shall
thereupon be filled in the manner in which other vacancies in
school offices are filled.
ard stof b   i The board of education shall be judges of the election or
members.  appointment and qualification of its members.
School of-  Every school officer shall, at the time of his election or
cers to be
esidents o appointment, be a resident of the ward for which he is elected
the  district.
or appointed; and the board of school officers of any ward shall
have power to declare vacant the office of any commissioner,
inspector or trustee, elected by the people, or appointed by the
board of education, who shall have removed from  the ward;
and it shall be the duty of such board of school officers to
consider the subject, and determine whether or not the seat of
the officer who shall have removed from the ward shall be declared vacant.
OF THE BOARD OF EDUCATION-ITS POWERS AND  DUTIES.
uBcatd hoe   SEC. 2. The commissioners of common schools shall constitute
constituted a board of education for the city and county of New  York.
They shall meet on the second Wednesday of January, in each
year, for the purpose of organization, and thereafter for the
transaction of business as often as they may determine; they
shall elect one of their number president, and shall appoint a
clerk, and as many assistant clerks and other officers, for the
transaction of the business of the board, as may be necessary,
who shall severally hold their offices during the pleasure of the
board, and whose respective duties, powers and compensation
shall be regulated and determined by the board.




COMMON SCHOOLS.                               485
The board of education shall have power:                      Powerf o
1. To take and hold property, both real and personal, devised ucat
or transferred to it for the purposes of public education in the
city of New York.
2. To appoint a city superintendent of schools, and one or
more assistant superintendents, and also a superintendent of
school buildings, whose respective duties, powers, salaries and
terms of office, except as herein otherwise provided, shall be
regulated and determined by the board of education, and to
employ, under the superintendent of school buildings, necessary
workmen, and provide necessary materials for repairing, altering
and enlarging schools or other buildings; but this provision
shall not be construed to compel the trustees of any ward to
use or employ such workmen or materials, for any purpose
whatever.
3. On the nomination of the school officers of any ward to fill
vacancies in school offices, which may occur in such ward
between the general elections, and upon the presentation of a
majority of the school officers of any ward, to remove any
inspector of common schools for such ward, who shall be
proven to the satisfaction of the board of education to have
willfully, or without good cause, neglected to perform any duty
imposed upon him by this act; and it shall be the duty of the
said board to remove from office any commissioner, inspector or
trustee, who shall be, or become, directly or indirectly, interested,
by way of commission or otherwise, in any contract or undertaking for the furnishing of any supplies of books or materials,
or for the performing of any labor or work for any of the schools
or buildings under its charge.
4. To establish new schools, as hereinafter provided.
5. To draw, from the moneys which shall be raised for the
purpose of public education, such sums as may be required for
the purpose of defraying the necessary incidental expenses of the
board, and such further sums as may be required for the payment
of the salaries of such clerks and other officers as may be
appointed by virtue of the authority vested in the board by this
act, and of such other expenses as may be necessarily incurred
by the board in pursuance of the provisions of this act.
6. To visit and examine the schools, subject to the provisions
of this act.
7. To make rules of order and by-laws for the government
of the board, its members and committees, and general regulations to  secure proper economy and accountability in the
expenditure of the school moneys.
8. To continue the existing Free Academy, and organize a
similar institution for females.; and if any similar institution is




486              ACTS RELATING TO THE CITY OF NEW  YORK.
organized by the board of education, all the provisions of this
act, relative to the Free Academy, shall apply to each and every
one of the said institutions, now existing or hereafter established,
as fully, completely and distinctly as they could or would if it
was the only institution of the kind: to distinguish each existing and future institution by an appropriate  title; and to
purchase, erect, or lease sites and buildings for each and all of
the said institutions, provided that no additional institution shall
be authorized, or organized by the board of education, unless a
majority of the whole number of members of the said board
shall vote in favor thereof.
9. To use and control the premises known as the hall of the
board of education, at the corner of Grand and Elm streets, to
direct the purposes for which the same may be occupied, and to
make all the repairs, alterations, and additions in and to the
same, which the board may deem advisable, and to provide such
additional sites and buildings as may be necessary for the
purposes of this act, the title of which shall, in all cases, be
vested in the mayor, aldermen and commonalty of the city of
New York.
10. To dispose of such personal property used in the school
or other buildings under the charge of the board, as the trustees
or committees having the immediate charge thereof shall certify
is no longer required for use therein; and all moneys realized
by the sale of any such property shall be paid into the city
treasury, for the same purposes as the moneys raised under the
sixteenth section of this act.
11. And for the purposes of this act, the said board shall
possess the powers and privileges of a corporation.
boaut  of   SEC. 3. It shall be the duty of the board of education:
education.
1. On or before the fifteenth day of November in each year,
to report to the board of supervisors of said city and county
an estimate of the amount over and above the sum  specified
in the fifteenth section of this act, which will be required during the year for the purpose of meeting the current annual
expenses of public instruction in said city, for purchasing, leasing,
and procuring sites; for erecting buildings, and for furnishing,
fitting up, altering, enlarging, and repairing the buildings and
premises under their charge; for the support of schools which
shall have been organized since the last annual apportionment
of the school moneys made by the board, and of such further
sum or sums as may be necessary for any of the purposes authorized by this act; but the aggregate amount so reported shall not
exceed the sum  of four dollars for each pupil who shall have
actually attended and been taught the preceding year in the
schools entitled to participate in the apportionment.




COMMON SCHOOLS.                            4S7
2. To apportion all the school moneys which shall have been Apportionraised for the purpose of meeting the current annual expenses money.
of public instruction, to the schools entitled to participate
therein by the provisions of this act.
3. To file with the chamberlain of said city, on or before the Ib.
first Monday of April in each year, a copy of their apportionment, stating the amount apportioned to the schools under the
charge of the board of education, and to the trustees, managers,
and directors of the several schools enumerated in this act.
Free Acadoo
4. To continue to furnish, through the Free Academy, the omy.
benefit of education, gratuitously, to persons who have been
pupils in the common schools of the said city and county, for a
period of time to be regulated by the board of education, not
less than one year.
5. To supervise, manage, and govern said Free Academy, I
and make all needful rules and regulations therefor; fix the
number and compensation of teachers and others to be employed
therein; prescribe the preliminary examination, and the terms
and conditions on which pupils shall be received and instructed
therein and discharged therefrom; direct the course of studies
therein, and provide in all things for the good government End
management of the said Free Academy; and purchase the books,
apparatus, stationery, and other things necessary and expedient
to enable the said Free Academy to be properly and successfully
conducted, and to keep the said building or buildings properly
repaired and furnished.  And the board, upon the recommendation of the faculty of the Free Academy, may-grant the usual
degrees and diplomas in the arts, to such persons as shall have
completed a full course of study in the said Free Academy.
6. To appoint annually a standing committee of not less than Ib.
five persons of their number, who shall, subject to the control,
supervision, and approbation of the said board, constitute an
executive committee, for the care, government and management
of the said Free Academy, under the rules and regulations prescribed as aforesaid, whose duty it shall be to make detailed
reports to the said board of education, and, among other things,
to recommend the rules and regulations which they deem necessary and proper for the said academy. The board of education
may, at any regular meeting thereof, by a majority of all the
members of the said board, remove any or all the members of
the said committee, and appoint another person or persons in
place of the member or members of the said committee so
removed.
7. To make and transmit annually, on or before the first day b.
of February in each year, to the common council of said city,
and also to the secretary of the board of regents of the university of the state of New York, a report signed by the president




4S8              ACTS RELATING TO THE CITY OF NEW YORK.
and clerk of the board of education, and dated on the thirty-first
day of December, next preceding, which report shall state the
names and ages of all the pupils instructed in such Free Academy during the preceding year, and the time that each was so
instructed, specifying which of them have completed a full course
of study therein, and which have received degrees, medals, and
other special testimonials; a particular statement of the studies
pursued by each pupil, since the last preceding report, together
with the books such student shall have studied, in whole or in
part, and if in part, what portion; an account or estimate of
the library, philosophical and chemical apparatus, and mathematical or other scientific instruments belonging to such academy; the names of the instructors employed in said academy,
and the compensation paid to each; what amount of moneys
the board of education received during the year for the purposes
of such academy aand from what sources, specifying how much
from each, and the particular manner, and the specific purposes,
for which such moneys have been expended; and such other
information in relation to education in the said academy, and
the measures of the board in the management thereof, as the
said common council, or the regents of the university of the
state of New York, may, from time to time, require.
Eo  prov vening.   pro e e   g schools for those whose ages or avocaschools.
tions are such as to prevent their attending the day schools
established by law, in such of the ward school-houses or other
buildings used for school purposes, and in such other places in
said city as they may, from time to time, deem expedient, and
also a normal school or schools for teachers, which shall be
attended by such of the teachers in common schools as the
board of education by general regulations shall direct, under
penalty of forfeiture of their situations as teachers, by omitting
to attend, which forfeiture shall be declared by the board of
education; and to appoint teachers and furnish all needful supplies for the evening and normal schools.
Supplies.    9. To furnish all necessary supplies, or make regulations for
furnishing such supplies for the several schools under their care,
but when such supplies are furnished by the board of education,
they shall be obtained by contract, proposals for which shall be
advertised for the period of at least two weeks.
Annual re-   10. To make and transmit, between the fifteenth day of
January and the first day of February, in each year, to the state
superintendent of public instruction, and to the common council of the city of New York, a report in writing, bearing date
on the thirty-first day of December next preceding, stating the
whole number of schools within their jurisdiction, specially
designating the schools for colored children; the schools or
societies from which reports shall have been made to the board
of education, within the time limited for that purpose; the




CO1MMION SCHOOLS.                          489
length of time such schools shall have been kept open; the
amount of public money apportioned or appropriated to said
school or society; the number taught in each school; the whole
amount of money drawn from the city chamberlain for the purposes of education during the year ending at the date of their
report, distinguishing the amount received from  the general
fund of the state, and from all other, and what sources; the
manner in which such moneys shall have been expended; and
such other information as the state superintendent of public
instruction may, from time to time, require, in relation to common school education in the city and county of New York  and
the report which the board of education is hereby required to
make shall be held and taken to be a full complianco with
every law requiring a report from the said board, or any officer
of the city and county of New York, except the city superintendent, relative to the schools in the said city, or any matters
connected therewith.
SEc. 4. If the board of education shall neglect to make such Anual r^o
annual report within the time limited, the share of school moneys
apportioned to the city and county of New York may, in the
discretion of the state superintendent of public instruction, be
vithheld until a suitable report shall have been rendered.
SEC. 5. The clerk of the board of education shall have charge clerk.
of the rooms, books, papers and documents of the board, and
shall, in addition to his duties as secretary of the board, perform
such other clerical duties as may be required by its members or
committees.
SEC. 6. All schools which have been organized under the act Organization
entitled " An act to extend to the city and county of New York
the provisions of the general act in relation to common schools,
passed April 11, 1842," and the acts amending the same, or
organized or adopted under this act, shall be common schools,
called "ward schools, or " ward primaries," and each class shall
be numbered consecutively, according to the time of their organization or adoption, and all such schools shall be under the
supervision and government of the commissioners, inspectors
and trustees of the ward in which they are located.
POWERS AND DUTIES OF SCIIOOL OFFICERS.
SEc. 7. It shall be the duty of the school officers, or a majority Shcer
of them, in any ward:
1. To certify to the board of education of the city and county
of New York, whenever, in their opinion, it is necessary to
organize one or more additional schools in said ward, with the
facts and circumstances showing such necessity, together with




490              ACTS RELATING TO THE CITY OF NEW YORK.
the character of the school buildings required, and the number
and class of scholars who will prohably attend such schools, if
organized, and to organize such schools as hereinafter provided.
2. To provide, under such rules and regulations as the board
of education may establish, the necessary books, stationery, and
other essentials necessary to organize and conduct any school
in their ward.
3. To examine, ascertain and report to the board of education, and as frequently as may be, whether the provisions of
this act in relation to the teaching of sectarian doctrines, or
the use of sectarian books, shall have been violated.  And,
4. To notify the board of education of any vacancy in the
office of any school officer of their respective wards, and to
make nominations as in this act provided.
POWERS AND DUTIES OF COMMISSIONERS.
ionemrs.   SEC. 8. It shall be the duty of the commissioners of common
schools in the several wards:
1. To attend all the meetings of the board of education  and
if any commissioner shall refuse or neglect to attend any three
successive stated meetings of the board, after having been
personally notified to attend, and if no satisfactory cause of
his non-attendance be shown, the board may declare his office
vacant.
2. To transmit to the board of education all reports made to
them by the trustees and inspectors of their respective wards.
3. To visit and examine all the schools entitled to participate
in the apportionment.
4. They shall be, ex oficio, members of the board of trustees in
their respective wards.
POWERS AND DUTIES OF INSPECTORS.
nspestors.   SEC. 9. It shall be the duty of the inspectors of common
schools:
1. To inspect and examine each of the schools intheir respective wards, at least twice in each year, and oftener if necessary;
and, on or before the fifteenth day of October in each year, to
make and transmit to the board of education, and to the
trustees of the ward, a report in writing, in which they shall
set forth the condition of the several school buildings in use in
their ward, and whether any, and if any, what repairs, alterations or modifications of those buildings seem  to them necessary.
2. Whether they are kept clean and in good order.




COMMON SCHOOLS.                              491
3. In what manner they are heated and ventilated, and how
effectual the means used are in producing the result desired.
4. The studies pursued.
5. The progress of the classes in their different studies.
6. The punctuality of attendance of the scholars and teachers.
7. The order, attention and general appearance of the school.
S. The length of each morning and evening session, and the
number and length of recesses allowed.
9. The number and qualifications of the teachers, and such
other facts as in their opinion are important to insure the discipline or extend the usefulness of the schools.
10. In conjunction with the city superintendent of common
schools, to license teachers for their respective wards. And,
11. To examine and audit all accounts when duly certified by
the trustees to be correct.
POWERS AND DUTIES OF TRUSTEES.
SEC. 10. It shall be the duty of the trustees for each ward, Powers and
duties  of
and they shall have the power:                                 trustees.
1. To have the safe keeping of all the premises and other
property used for or belonging to the ward schools and the
ward primaries in their respective wards.
2. Under such general rules and regulations as the board of
education may adopt, to contract with and employ teachers and
janitors in the said schools, and conduct and manage the same,
and furnish all needful supplies therefor, subject to the provisions of the third section of this act; and make all needful
repairs, alterations and additions, in and to the school premises;
provided that if the cost of any such repairs, alteration or addition, shall exceed the sum of two hundred dollars, the same shall
be made by contract, pursuant to the twenty-fifth section of this
act.
3. To procure, as may be necessary, blank books, in one of
which a statement of the amounts of all moneys received and
paid by the trustees, or otherwise, for or on account of each of
the schools conducted by them, and of all movable property
belonging to each school, shall be entered at large and signed by
such trustees; and, in one book, minutes of their meetings shall
be kept; and in other books, the principal teacher of each
school and department shall enter the names, ages and residences of the scholars attending the school, the name of a parent
or guardian of each scholar, and the days on which the scholars
shall have respectively attended, and the aggregate attendance
of each scholar during the year; also the days on which each




4-92             ACTS RELATING TO THE CITY OF NEW YORK.
school shall have been visited by the city and assistant superintendents of schools, and the school officers of the ward, and the
members of the board of education, or any of them, which
entries shall be verified by the oath or affirmation of the principal teacher in such school or department. The said books shall
be preserved by the trustees as the property of the school, and
shall be delivered to their successors.
4. To make, at least five days before the first of January in
every year, or such other day as may be designated by the board
of education, in the case of a school kept open after the twentyfifth day of December, and transmit to the board of education a
report in writing, dated the thirty-first day of December, which
shall be signed and certified by a majority of the trustees, and
which report shall state the whole number of schools within
their jurisdiction, especially designating the schools for colored
children; the length of time each school shall have been kept
open; the whole number of scholars over four and under
twenty-one years of age, who shall have been taught, free of
expense to such scholars, in their schools during the year, ending with the date of the report, which number shall be ascertained by adding to the number of children on register at the
commencement of each year, the number admitted during that
year, which shall be considered the total for that year; the
average number that has actually attended such schools during
the year, to be ascertained by the teacher's keeping an exact
account of the number of scholars present every school time or
half-day, which being added together, and divided by four hundred and sixty, or, if less than a year, by the number of school
sessions, shall be considered the average of attending scholars,
which average shall be sworn or affirmed to by the principal
teacher of the school; a detailed statement of the amount of
moneys received or paid for or on account of their respective
schools during the year, fiom or by the chamberlain of the city,
and of the purposes for, and the manner in which the sa.me shall
have been expended; and a particular account of the state of
the schools, and of the property and affairs of each school under
their care; and the titles of all books used, with such other
information as the board of education shall require; and for the
purposes of this act, each department shall, whenever practicable, be considered as a separate school.
5. To hold as a corporation all personal property vested in or
transferred to them  for school purposes in their respective
wards.
6. To render, at the expiration of their respective terms of
office, to their successors, a just and true account in writing of
all moneys received by them for school purposes, and of the
manner in which the same shall have been expended, and to
pay any balance which may remain in their hands to their successors.




COMMON SCHOOLS.                               493
7. To meet, statedly, at times to be by them appointed, and
to declare vacant, by the votes of a majority of the trustees of
the ward, the seat of any person elected or appointed as a trustee,
who shall refuse or neglect, without satisfactory cause shown by
him to the said trustees, to attend any three successive stated
meetings of the trustees, after having been previously notified
to attend. And to notify the clerk of the board of education,
at least twenty days previous to any general election, of any
vacancy that will exist in the school offices of said ward, at the
expiration of their present year, with the cause or reason of
such vacancy or vacancies.
OF THE CITY SUPERINTENDENT.
SEc. 11. The city and assistant superintendents of schools
shall take and subscribe before the clerk of the board of education the oath of office prescribed by the constitution of this
state; shall eachh.hold office for the term of two years, and until
his successor is appointed, subject to removal by the board, on
complaint, for cause stated; shall respectively receive such compensation as the board of education may designate, which shall
not be changed during the term  of office of any incumbent;
and shall be subject to such rules and regulations as the board
of education may establish.  It shall be specially the duty of the
city superintendent:
1. To visit every school under the charge of the board of
education as often as once in each year; to inquire into all
matters relating to the government, course of instruction, books,
studies, discipline and conduct of such schools, and the condition of the school-houses, and of the schools generally, and to
advise and to counsel with the trustees in relation to their
duties, the proper studies, discipline and conduct of the schools,
the course of instruction to be pursued, and the books of
elementary instruction to be used therein; and to examine,
ascertain and report to the board of education, whether the
provisions of the act in relation to religious sectarian teaching
and books have been violated in any of the schools of the different wards of the city; and to make a- monthly report to the
board of education, stating which of the schools have been visited
by him, and adding such comments in respect to the matters
above specified as he may consider necessary and advisable; and
to transmit to the respective boards of ward trustees copies of
so much of such reports as relates to schools under their
management.
2. Under such general rules and regulations as the board of
education may establish, to examine into the qualifications of
persons proposed as teachers in any of the schools under the
charge of the board, and to grant certificates in the forms prescribed by the board, to such of the persons so examined as may




494              ACTS RELATING TO THE CITY OF NEW YORK.
be entitled thereto; which certificates shall specify in which
class of schools, and in what capacity the persons to whom alny
certificate is granted is qualified to teach, and shall be evidence
in respect thereto; to re-examine, whenever the city superintendent may deem necessary, any of the teachers employed in
the schools under the charge of the board; and to annul, for
any cause satisfactory to the city superintendent, any license or
certificate of qualification to teach in the schools of the city of
New York; but such action shall not be taken by him until lie
has given at least ten days' previous notice to the teacher and
to the trustees of the ward in which he is employed, nor until
the teacher has been allowed a hearing; nor shall such action
disqualify the teacher, until a note of the decision of the city
superintendent, stating the name of the teacher and the time
when the license or certificate was annulled, has been signed by
the city superintendent, filed in the office of the clerk of the
board of education, and served upon the teacher; Provided, however,
that every such teacher shall have a right of appeal to the state
superintendent of public instruction, and, in case such appeal is
taken by the teacher within ten days after the note of the decision is served upon him, he shall not be disqualified until the
action of the city superintendent has been confirmed by the state
superintendent of public instruction.
3. Generally, by all the means in his power, under the regulations of the board of education in respect thereto, to promote
sound education, elevate the character and qualifications of
teachers, improve the means of instruction, and advance the
interests of the schools committed to his charge.
Cintydent.   SEC. 12. The city superintendent shall be subject to such
general rules and regulations as the state superintendent of
public instruction may prescribe; and appeals from his acts and
decisions may be made to the superintendent in the same manner, and with like effect, as in cases now provided by law; and
he shall make annually, to the state superintendent of public
instruction, at such times as shall be appointed by him, a report
in writing, containing the whole number of schools in the city
and county, distinguishing the schools from which the necessary
reports have been made to the board of education by the commissioners, inspectors and trustees of common schools, and
containing a certified copy of the reports of the board of educa*tion to the clerk of the city and county, with such additional
information as the state superintendent of public instruction
may require.
caassification  SEC. 13. It shall be the duty of the board of education, by
general rules and regulations, to provide a proper classification
of studies, scholars and salaries, in such manner that, as near as
practicable, the system  of instruction pursued in the common




COMMON SCHOOLS.                              495
schools, and the salaries paid to teachers, shall be uniform
throughout the city.
OF THE SUPPORT OF SCIIOOLS.
SEC. 14. Whenever the clerk of the city and county shall Support of,
receive notice, from the state superintendent of public instruction, of the amount of moneys apportioned to the county of
New York, for the support and encouragement of common
schools therein, he shall immediately lay the same before the
board of supervisors of said county; and the chamberlain of the
said city shall apply for and receive the school moneys apportioned to the said county, as soon as the same becomes payable,
and place the same in the city: teasury, for the same purposes as
the moneys raised under the sixteenth section of this act.
SEC. 15. The said board of supervisors shall annually raise and School tx.
collect, by tax upon the inhabitants of the said city and county,
a sum of money equal to the sum specified in such notice, at the
time and in the same manner as the contingent charges of the
said city and county are levied and collected; also a sum of
money equal to one-twentieth of one per cent. of the value of
the real and personal property in the said city, liable to be
assessed thereon, and pay the same into the city treasury, to be
applied to the purposes of common schools in the said city; and
the board of education shall apportion the money so raised to
each of the schools hereafter provided for by this act, except the
Free Academy and the evening schools, according to the number of children over four and under twenty-one years of age,
who were actual residents of the city and county of New York,
at the time of their attendance on such schools, without charge,
the preceding year; and the average shall be ascertained by
adding together the number of such children present at each
morning and afternoon session of not less than three hours, and
dividing the sum by four hundred and sixty; and if any school
shall have been organized since the last annual apportionment,
the average shall be ascertained by dividing by a number corresponding to the actual number of morning and evening sessions,
of not less than three hours each, held since the organization of
such school; and the sum apportioned to any schools, other
than the ward schools, shall be paid to the trustees, managers,
or directors of such schools, respectively, by drafts on the city
chamberlain, to be signed by the president and clerk of said
board, and made payable to the order of the treasurers of said
trustees, managers or directors.
SEc. 16. Said board of supervisors shall also raise and collect, b.
at the same time, and in the same manner, such additional sum
or sums as the board of education, in pursuance of the provisions
of the first subdivision of the third section of this act, shallhave




496              ACTS RELATING TO THE CITY OF NEW YORK.
reported to be necessary for the purposes therein mentioned.
Such moneys shall be paid into the city treasury, and shall,
together with the amounts apportioned to the schools under the
charge of the board of education, be paid by the chamberlain of
the said city, upon the drafts drawn on him  by the board of
education, signed by the president, and countersigned by the
clerk of the board, and by the commissioners, or one of them, of
the ward for which the money is to be paid, except such sums
as shall be drawn for purposes other than the expenses of ward
schools, which shall be paid by said chamberlain upon drafts
drawn on him by said board, signed by the president and clerk,
and countersigned by the chairman of the finance committee of
said board, and all drafts shall be made payable to the person or
persons entitled to receive the same, except that the payment of
wages and salaries may be made by pay-rolls, upon which each
person shall separately receipt for the amount paid to such
person; and in every case of payment by a pay-roll, the draft
for the aggregate amount of wages, or salaries included therein,
shall be made payable to the superintendent, principal teacher,
or other officer, designated for the purpose by the by-laws of the
board of education.
nonrt.i.  SEC. 17. If any of the said newly-organized ward schools, by
reason of peculiar circumstances, shall be equitably entitled to a
larger sum than they will receive under an apportionment made
as aforesaid, then the board of education shall be authorized, and
they are hereby required to make to such schools such further
allowance out of the school moneys, as they, the board of education, shall deem just and proper.
t nets.   SEC. 18. No school shall be entitled to, or receive any portion
of the school moneys,, in which the religious doctrines or tenets
of any particular Christian or other religious sect shall be taught,
inculcated or practiced, or in which any book or books, containing compositions favorable or prejudicial to the particular doctrines or tenets of any particular Christian or other religious
sect, or which shall teach the doctrines or tenets of any other
religious sect, or which shall refuse to permit the visits and
examinations provided for in this act.  But nothing herein contained shall authorize the board of education to exclude the
holy scriptures, without note or comment, or any selections
therefrom, from any.of the schools provided for by this act; but
it shall not be competent for the said board of education to
decide what version, if any, of the holy scriptures, without note
or comment, shall be used in any of the schools: provided that
nothing herein contained shall be so construed as to violate the
rights of conscience as secured by the constitution of this state
and of the United States.
on.   SEC. 19. If the school moneys apportioned to the common
aponent.in    0EC  I9ftl  sc oo oneys apportioned to thecom




COMMON SCHOOLS.                            497
schools, agreeably to the previous section of this act, shall exceed
the necessary and legal expenses of either of such schools, the
board of education shall authorize the payment only of such
sum or sums as shall be sufficient to provide for such expenses,
and any deficiency in the sums apportioned to meet the neces-'sary and legal expense of public education in the said schools
shall be supplied by the common council of the said city, and
they are hereby authorized and directed to raise by loan, in
anticipation of the annual tax, such sum or sums as will be
necessary to meet such deficiency. And the board of education
shall, in all cases, certify to the common council the cause of such
deficiency, and that the same was unavoidable;'and unless such
certificate shall be made, the said common council may refuse to
raise the sum required to meet such deficiency.
SEC. 20. The board of education shall require from the execu- Report.
tive committees conducting schools by appointment of the
board, and from trustees, managers, or directors of the corporate
schools entitled to participate in the apportionment of school
moneys, a report in all respects similar to that required from
the trustees of each ward by the tenth section of this act. And
in making the apportionment among the several schools, no share
shall be allotted to any school or society from which no sufficient annual report shall have been received for the year ending
on the last day of December immediately preceding the apportionment.
SEC. 21. Whenever an apportionment of the public money Apportonshall not be made to any school, in consequence of any accidental
omission to make any report required by law, or to comply with
any other regulation' or provision of law, the board of education
may, in its discretion, direct an apportionment to be made to
such school, according to the equitable circumstances of the
case, to be paid out of the public money on hand, or, if the same
shall have been distributed, out of the public money to be
received in a succeeding year.
OF THE SCHOOLS ENTITLED TO PARTICIPATE IN THE APPORTIONMENT.
SEC. 22. The New York Orphan Asylum school, the Roman Shools enti.
Catholic Orphan Asylum  school, the schools of the two halforphan asylums, the school of the Mechanics' Society, the school
of the society for the reformation of juvenile delinquents in the
city of New York, the Hamilton free school, the school for the
Lealke and Watts' Orphan-house, the school connected with the
alms-house of the said city, the school of the association for the
benefit of colored orphans, the schools of the American female
guardian society, the schools of the society for the promotion of
education among colored children, the schools organized under
32




498              ACTS RELATING TO THE CITY OF NEW YORK.
the act entitled " An act to extend to the city and county of
New York the provisions of the general act in relation to common schools, passed April 11, 1842," or an act to amend the
same, passed April 18, 1843, or an act, entitled "An act more
effectually to provide for common school education in the city
and county of New York," passed May 7, 1844, or any of the
acts amending the same, and including such normal schools for
the education of teachers as the board of education may organize,
and the normal school of the public school society for the education of teachers, and such schools as may be organized under
the provisions of this act, shall be subject to the general
supervision of the board'of education, and shall be entitled to
participate in the apportionment of the school moneys as provided for by this act, but they shall be under the immediate
direction of their respective trustees, managers and directors, as
herein provided.
OF NEW SCHOOLS.
Newschools.  SEC. 23. Whenever a majority of the school officers of any
ward shall certify in writing, to the board of education, that it is
necessary to establish a school in said ward, with the facts and
circumstances showing such necessity, together with the number and class of scholars who will probably attend such school,
if established, it shall be the duty of the board of education,
without delay, to investigate the subject and determine the expediency of establishing such school in such ward applying for
the same.  Should the ward officers, or any of them, deem themselves aggrieved by such decision, they, may appeal to the state
superintendent of public instruction, who shall decide as to the
propriety of the establishment of such school, and his decision,
if adverse to the appellants, shall be binding for the term of one
year.
lb.       SEC. 24. Upon a decision favorable to the establishment of a
school or schools in any of the wards of the said city, it shall be
lawful for the school officers of said ward to proceed to organize
one or more schools, such as may be authorized by the board of
education, and procure a school-house, by purchasing or hiring
the same, or by procuring a site and erecting a building thereon, according to plans and specifications, and contracts which
shall have been duly filed with and approved by the board of
education, the erection of which said building, and the fitting up
thereof, and the fitting up of any hired building, shall be done
by contract, proposals for which shall be advertised for two
weeks previous to deciding upon estimates thereon, unless such
fitting up shall not exceed the sum of two hundred dollars; and
the expense of establishing and organizing any school, as above
mentioned, shall be levied and raised pursuant to the provisions
of this act.




COMMON SCHOOLS.                               499
SEC. 25. The title to all school property, real and personal, Ttle  to
purchased with any moneys derived from  the distribution or property.
apportionment of the school moneys, or raised by taxation in the
city of New York, shall be vested in the mayor, aldermen and
commonalty of said city, but shall be under the care and control
of the board of education for the purposes of public education,
and all suits in relation to the same shall be brought in the'name
of the board, and no contract or contracts shall be made by the
school officers of any ward for the purchase of any site, without
the consent of the board of education, or for the erection or fitting up or repairing of any building, when such repairs shall
exceed in amount the sum of two hundred dollars, as authorized
in this act, until a statement in writing of the amount required
for that purpose shall have been presented to the board of
education by said school officers, and together with a copy of the
working drawings, plans and specifications of the work to be
done, pursuant to the provisions of this act, shall have been duly
filed and approved of as herein required, and an appropriation
shall have been made by the board of education therefor.
SEC. 26. The trustees, managers and directors of any of the conveyance
corporate schools, entitled to:participate in the apportionment propertyto
of the school moneys, may at any time convey their'school- cty
houses and sites to the corporation of the city of New York, and.
transfer any of their schools to the board of education, on the
terms and in the manner to be agreed upon and prescribed by
the board of education, so as either to merge the said schools in
the ward schools or adopt them as ward schools; and the same
shall then be ward schools, subject to all the rules, duties and
liabilities, and enjoy the same rights as if they had been originally established as ward schools.
OF THE DISCONTINUANCE OF SCHOOLS.
SEC. 27. Whenever, owing to any nuisance or other circum- niscotinnstances in the immediate vicinity of any school, or to the small schooos.
attendance of scholars therein, or other sufficient reason, it shall
appear to the board of education necessary and proper to discontinue such school in any of the wards of this city, the said board
shall give notice to the trustees of said school of its intention to
consider the propriety of such discontinuance; and in thirty
days after such notice may proceed to investigat  the t matter,
and if a majority of the school officers of the ward shall consent
to the same, and if the said board shall determine, by a vote of
a majority of all the members thereof, that it is proper to close
the same, it shall be the duty of said board to withhold all
moneys which may have been apportioned or appropriated [for the
support of said school, and the said school shall not thereafter
participate in any subsequent apportionment of the school
moneys.  So soon as the same shall take effect, the comptroller




500              ACTS RELATING TO THE CITY OF NEW YORK.
of the city shall be notified thereof by the said board, and the
said school-house and site may thereupon be used or disposed
of, as a part of the general property of the city.
MISCELLANEOUS PROVISIONS.
Toans for    SEC. 28. The common council of the city of New York are
poses,    hereby authorized and directed to raise by loan, in anticipation
of the taxes, when necessary, all moneys required for erecting,
purchasing or leasing school-houses, and procuring sites therefor,
and the fitting up and furnishing thereof, and for alterations in,
or additions to the present school buildings, or required for any
other of the purposes authorized by this act.
Certsate of  SEC. 29. All expenses incurred for the support of common
schools in the respective wards shall be certified by the trustees
of common schools in such ward, or a majority of them, and
delivered to the inspectors of said ward; and it shall be the
duty of said inspectors to examine and audit the same, and, upon
said inspectors being satisfied of their correctness, to certify the
same to the board of education. All bills audited and paid
shall be filed with the board of education.
esc:mOpen-  SEC. 30. No compensation shall be allowed to the commissatils,  sioners, inspectors or trustees of common schools for any services
performed by them, but the commissioners and inspectors shall
receive their actual and reasonable expenses while attending
to the duties of their office, to be audited and allowed by the
board of education.
School off-   SEC. 31. Every school officer who shall refuse or neglect to
count.   render an account, or to pay over any balance in his hands, at
the expiration of his term of office, shall, for each offense, forfeit
the sum of fifty dollars, which sum, together with said unpaid
balance, shall be sued for and collected by the board of supervisors, who shall prosecute without delay for the recovery of
such forfeiture, together with the unpaid balance; and, in case
of the death of such school officer, suit may be brought against
his representatives, and all moneys recovered, after deducting
expenses, shall be placed at the disposal of the board of education.
a'e re.    SEC. 32. Every person in the employ of the board of education, and every school officer, and every officer or teacher of a
school or society, who shall willfully sign a false report to the
board of education, shall, for each offense, forfeit the sum  of
twenty-five  dollars, and be deemed guilty of misdemeanor;
and every such person or officer, who shall willfully misapply
any of the public funds committed to his care, shall be deemed
guilty of embezzlement.




COMMON SCHOOLS.                              501
SEC. 33. The following shall be substantially the form  of
oath or affirmation to be made by the teacher:
"A. B., of the city of New York, teacher of       No.        Oath.
department, being duly sworn or affirmed, declares and says,
that to the best of (his or her) knowledge and belief, the average
number of children, actual residents of the city and county of
New York, at the time of attending said school, between the
age of four and twenty-one years, who attended said school or
department, each school time or half day, from the         day
of         to the first day of January,        was
Said average having been obtained by adding together the
number of scholars present each school time or half day, and
dividing the total by four hundred and sixty, agreeably to the
fifteenth section of this act."
SEC. 34. In any suit which shall hereafter be commenced suit
against the'commissioners or trustees of common schools, for
any act performed by virtue of, or under color of their offices, or
for any refusal or omission to perform  any duty enjoined by
law, and which might have been the subject of an appeal to the
superintendent, no costs shall be allowed to the plaintiff in cases
where the court shall certify it appeared, on the trial of the
cause, that the defendants acted in good faith. But this provision shall not extend to suits for penalties, nor to suits or
proceedings to enforce the decisions of the state superintendent
of public instruction.
SEC. 35. All children between the age of four and twenty-one, childre to
residing in the city and county, shall be entitled to attend any attend.
of the common schools therein; and the parents, guardians, or
other persons having the custody or care of such children, shall
not be liable to any tax, assessment or imposition, for the tuition
of any children, other than is hereinbefore provided.
SEC. 36. The Free Academy in the city of New York shall Fre Acado
be entitled to participate in the distribution of the income of
the literature and other funds, in the same manner and upon
the same conditions as the other academies of the state; and
the regents of the university of the state of New York shall pay
annually to the board of education of the city and county of
New York the distributive share of the said funds to which the
said Free Academy shall by law be entitled, and which shall be
applied and expended for library books for the said Free
Academy.
SEC. 37. The clerk of the board of education is hereby author- dminiter-s
ized to administer oaths and take affidavits in all matters appertaining to the schools in the city and county of New York, and
for that purpose shall possess all the powers of a commissioner




502               ACTS RELATING TO THE CITY OF NEW YORK.
of deeds, but shall not be entitled to any of the fees or emoluments thereof.
Contracts.   SEC. 38. No school officer shall be interested in any contract,
payments under which are to to be made, in whole or in part,
out of moneys derived from the school fund or raised by taxation
for the support of common schools.  No teacher, employed in
any of the schools entitled to participate in the apportionment
of the school moneys, shall hereafter be eligible to the office of
commissioner, inspector or trustee of common schools.
Oath of su-  SEC. 39. The superintendent of school buildings shall take
and subscribe, before the clerk of the board of education, the
oath prescribed by the constitution of this state, and give
such security for the faithful performance of the duties of his
office as the board of education may direct: and the department
under his charge shall be subject to such rules and regulations as
the said board may establish, one of which shall prohibit the
performance by him of any work on other account similar to
that performed under the regulations so established.
SEC. 40. The act entiled "An act to extend to the city and
county of New York the provisions of the general act in relation to common schools," passed April 11th, 1842, and an
act amending the same, passed April 18th, 1843, and an act
entitled "An act more effectually to provide for common school
education in the city and county of New York," passed May 7th,
1844, and the several acts amending the same, passed respectively on May 11th, 1847; March 27th, 1S48; April 11th, 1849;
and the act authorizing the board of education of the city of
New York to establish evening schools for the education of
apprentices and others, passed March 25th, 1848; and an act
authorizing the board of education of the city and county of
New  York to establish a free academy in said city, passed May
7th, 1847, and all other acts and parts of acts, inconsistent with
or repugnant to the provisions to this act, are hereby repealed.
1860.-CHAPTER CCCLXVII.
AN ACT in relation to School Libraries in the city of New York.
— Passed April 13, 1860, " three-fifths being present."
The People of the State of New York, replresented in Senate and
Assembly, do enact as follows:
Moneysb    SEC. 1. Whenever the sum of fifty-five thousand dollars, part
schools, how of the income arising from  the investment of the moneys'
iPNewYork deposited by the United States with the State of New Ydrk,
city.   according to the act of Congress entitled " An act to regulate




COMMON SCHOOLS.                             503
the deposits of the public moneys," passed June twenty-third,
eighteen hundred and thirty-six, shall be distributed to the support of common schools, as provided by section four of chapter
two hundred and thirty-seven, of the Laws of eighteen hundred
and thirty-eight, it shall be the duty of the board of education
of the city of New York, on receiving the share of the said sum
apportioned to the city and county of New, York, to apportion
such share among the various wards of the said city, in proportion to the number of pupils attending the public schools in
each ward.
SEC. 2. As soon as such apportionment shall have been com- Truotede to
pleted by the board of education, and not less than one montth  amount
fiom the receipt by them of the share of the said moneys apportioned to the city and county of New York, it shall be the duty
of the said board to notify the school trustees of each ward of
the amount to which each ward is entitled by virtue of such
apportionment.
SEC. 3. It shall thereupon be the duty of the school trustees Trustee to
purchase
of the respective wards to purchase, in their discretion, books books for
for the libraries of the schools in their respective wards, to the
amount of the moneys so apportioned to each ward, and to render the bills, for the books so-purchased, to the board of educacation, by whom such bills shall be paid.
SEC. 4. The share of the sum of fifty-five thousand dollars Certain
moneys to
referred to in the first section of this act, apportioned to the be approcity and county of New York, shall not be appropriated to any purchase of
other purpose than the purchase of books for the school libra- ooks only.
ries in the said city.
SEC. 5. All acts or parts of acts inconsistent herewith are
hereby repealed.
SEC. 6. This act shall take effect immediately.




COURTS.
DISTRICT  COURTS.
1857.-CHAPTER  CCCXLIV.
AN  ACT  to reduce the several acts relating  to the District
Courts in the city of New York into one act.-Passed April 13,
1857, "three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact asfollows:
Nirmberof    SEC. 1. The city of New  York is divided into [eight] judidistricts.  cial districts, in which there shall continue courts, denominated
district courts, of the first, second, third, fourth, fifth, sixth,
seventh  [and eighth] districts of that city respectively. (As
amended bychap. 300, Laws of 1860.)
SEC. 2. The districts mentioned in the first section of this act
are as follows:
1. The first district embraces the first, second, third and
fifth wards.
2. The second district embraces the fourth, sixth and fourteenth wards.
3. The third district embraces the eighth and ninth wards.
4. The fourth district embraces  the tenth, fifteenth  and
seventeenth wards.
5. The fifth district embraces the seventh, eleventh  and
thirteenth wards.
6. The sixth district embraces the [eighteenth and twentyfirst wards.]
7. The seventh district embraces the twelfth, nineteenth and
twenty-second wards.
[8. The eighth district embraces the sixteenth and twentieth
wards.]  (As amended by chap. 300, Laws of 1860.)
Jurisdiction   SEC. 3. These courts  have jurisdiction in  the  following
of courts.  actions
actions:
1. In actions similar to those as provided by sections fifty,
three and fifty-four of the Code of Procedure, where the sum




DISTRICT COURTS.                             505
recovered shall not exceed two hundred and fifty dollars, notWvithstanding the accounts of both parties may exceed four
hundred dollars.
2. In an action upon the charter, ordinance or by-law of the
corporation of the city of New York, or a statute of this state,
where the penalty shall not exceed two hundred and  fifty
dollars.  (As amended by chap. 334, Laws of 1858.)
3. In any action commenced in pursuance of this section,
where the claim or demand shall exceed the sum of one hundred
dollars, upon the application of the defendant, the justice shall
make an order removing the same, at any time after issue j oined,
and before the trial of the same, into the court of common
pleas, in and for the city and county of New York, upon the
defendant executing to the plaintiff an undertaking with one or
more sufficient sureties, to be approved of by the justice of the
court in which such action is commenced, to pay to the plaintiff
the amount of any judgment that may be awarded against the
defendant by the said court of common pleas.
SEC. 4. An action, of which these courts have jurisdiction, Ations 
must be brought:                                                brought.
1. In a court held in the district in which either the plaintiff
or defendant, or one of the plaintiffs or one of the defendants
resides, unless all the plaintiffs or all the defendants reside out
of the city of New  York, in which case the action may be
brought in either of the said districts.  If the justice be either a
party to the action, or a necessary witness therein, or otherwise
disqualified from trying the same, or there be a vacancy in the
office of justice in that district, it may be commenced in any
district, except the one in which such justice holds the court.
2. If the defendants be a corporation created by law, in a
court held in the district in which the plaintiff, or either of
them, reside, or in which it transacts its general business, or
keeps an office, or has an agency established for the transaction
of business, or is established by law, except the corporation of
the city of New York, which may sue or be sued in either of
said districts.
3. By plaintiffs not residing in the city and county of New
York in the district in which the defendant, or one of the
defendants, reside, and against a defendant or defendants not
residing in said city and county, in the district in which the
plaintiff, or one of the plaintiffs, reside; but where all the parties
reside out of said city and county, the action may be brought
in any district.  (As amended by chap. 484, Laws of 1862.)
SEC. 5. There is a justice of each of these courts elected by Justices.
the electors of the district in which it is established, under a
special statute of this state, and vacancies are filled under like




506              ACTS RELATING TO THE CITY OF NEW  YORK.
statutes; he must be a resident of the city and county of New
York, and must be at the time of his election of the degree of
a counsellor at law of the supreme court of this state, but the
latter qualification shall not apply to the justices now in office,
during their present term of office.
f jasteice    SEC. 6. The justice elected in each district must hold the
court therein, or if his office be vacant, or if he be absent from
the usual place of holding his court, or unable from illness to
hold the same, it may be held by a justice elected in another
district, and whenever the justice fails to attend, the clerk may
adjourn in the same manner as the justice might have done.
courts,    SEC. 7. These courts must be held at the places in their
when held.
respective districts now or hereafter appointed by the corporation of the city of New York (except the court in the first
district, which shall be held therein, or may be held in such
rooms as may be provided therefor by said corporation, in the
park of said city, and when so provided shall be deemed within
the first district for the purposesof this act) at such hours in
every judicial day, or as often as the respective justices may
direct, and must continue in session as long as the public interest
requires.
Seals.     SEC. S. These courts have official seals furnished at the
expense of the city of New York, on which are engraved the
arms of the state of New York, and the words " first district
court" (or whatever district it may be), " New  York city;"
but nothing herein contained shall authorize such courts to
issue certificates of naturalization.
pActioes,  SEC. 9. Parties in these courts may prosecute or defend in
agtotsr  person, or by agent or attorney, except that the constable who
served the  summons, warrant, attachment or jury  process
cannot appear and act on the trial in behalf of either party.
ment of   SEC. 10. Actions in district courts are commenced  by
action    summons, warrant or attachment, or by voluntary appearance
in person, and pleading without summons, warrant, or attachment; in the latter case, the action is deemed commenced at
the time of appearance and pleading.
mePntf: SEC. 11. When a guardian is necessary, he must be appointed
guardian.  by the justice as follows:
1. If the infant be plaintiff, the appointment must be made
before the summons, warrant or attachment is issued, upon the
application of the infant, if he be of the age of fourteen years
or upwards; if under that age, upon the application of some
relative or friend. The consent in writing of the guardian to




DISTRICT COURTS.                            407
be appointed, and to be responsible for costs if he fail in the
action, must be first filed with the clerk of the court.
2. If the infant be defendant, the guardian must be appointed
at the time the summons is returned personally served, or before
the pleadings. It is the right of the infant to nominate his own
guardian, if the infant be over fourteen years of age, and the
proposed guardian be present, and consent in writing to be
appointed, otherwise the justice may appoint any suitable person
who gives such consent.
SEC. 12. The summons must be addressed to the defendant Summon-s
by name, or, if his name be unknown, by a fictitious name, and
must summon him to appear before the justice in the court at
the court-room thereof, and at the time specified therein, to
answer the complaint of the plaintiff, and must state the amount
for which the plaintiff will take judgment, if the defendant f Failure to
zo                       of ILIVI~L  VL)V  I~LLULL~U ILI  appear.
to appear and answer; it must be subscribed by the clerk of
the court out of which the same is issued, or by his deputy in
the name of such clerk.
SEC. 13. The time  mentioned in the summons  for the  turn orf
appearance of the defendant and the time of service must be as
follows:
1. Where the defendants, or either of several defendants, is
not a resident of the city, the summons shall be returnable in
not less than two nor more than four days from its date.  Such
summons shall be served at least two days before the day for
appearance mentioned therein.  (When the plaintiff, or either of
several plaintiffs, is not a resident of the city, the summons may
be returnable as above provided, and, if so returnable, it shall
be governed by the above rule of service.)  (As amended by chap.
484, Laws of 1S62.)
2. In all other cases, it must be returnable not more than
twelve days from its date, and must be served at least six days
before the time of appearance.
SEC. 14. The summons must be served by a constable of the Byywhom
city of New York, or by a person not interested in the cause,
as follows (modified by chap. 484, Laws of 1862):
1. If an action be against a corporation, by delivery of a copy
to the president or other head of the corporation, or to the
secretary, cashier or managing agent thereof, or, when no such
officer resides in the city, to a director resident therein.
2. If against a minor under the age of fourteen years, by
delivery of a copy to such minor, and also to his father, mother
or guardian, or if they be not within the city, then to any person having the care or control of such minor, or with whom he
resides, or in whose service he is.




508               ACTS RELATING TO THE CITY OF NEW YORK.
3. If against a person judicially declared to be of unsound
mind, or incapable of conducting his own affairs in consequence
of habitual drunkenness, or for any other cause, and for whom
a committee has been appointed, by delivery of a copy to such
committee, and to the defendant personally.
4. In all other cases, to the defendant personally.
Actions
arising on   SEC. 15. In any action arising on contract, for the recovery of
contract  money only, either expressed or implied, or on an account, the
constable or person serving the summons, warrant or attachment, may serve therewith and in like manner a copy of the
complaint, together with a copy of such contract, or a statement of the amount due thereon, or a copy of said account and
notice that the plaintiff will take judgment for the sum  specified therein; in such case, unless the defendant, in answer, specifically deny the same, he is to be deemed to have admitted it,
and the court is authorized to enter judgment therefor without
further proof.  When a copy of the complaint is served, as
specified in this section, the original complaint and the answer
thereto must be verified by the oath of the party pleading, or,
if he be not present, by the oath of his agent or attorney, to the
effect that he believes it to be true; the verification must be in
writing, except when the answer is oral, in that case the verification may be oral. Where the service of the summons, or the
summons, and of'the copy of the complaint accompanying the
same, shall be made by any other person than a constable, it
shall be necessary for such person to state, in his affidavit of
service, when and at what particular place and the manner
he served the same, and that he knew  the person served
to be the person mentioned arnd described in the summons as
defendant therein, which affidavit must be filed in the cause
before a judgment by default for not answering shall be entered
therein; when the copy of the complaint is served by a constable, his certificate shall be presumptive evidence thereof.
Warrant of  SEC. 16. A warrant to arrest the defendant may be issued,
directed  to  any  constable of said city, in the following
cases:
1. In an action for the recovery of damages, in a cause of
action not arising on contract, when the defendant is niot
a resident of the county, or is about to remove therefrom,
or when the action is for a willful injury to person or property.
2. In  an action for a fine or penalty, or for money or
property embezzled or wrongfully misapplied, or converted
to his own use by a public officer, or an officer of a corporation, or an attorney, factor, broker, agent or clerk, in the
course of his employment as such, or by any other person
acting in a fiduciary capacity.




DISTRICT COURTS.                             509
3. Where the defendant has been guilty of a fraud in contracting  the debt, or incurring the obligation for which the
action is brought, or in concealing or disposing of the property, for the taking, detention  or conversion of which the
action is brought.
4. When the defendant has removed, concealed, or disposed
of his property, or is about to do so, with intent to defraud his
creditors.
5. When an arrest is authorized by special statute, in an
action for a fine or penalty or for a willful violation of duty.
6. When the action is for the recovery of a fine or penalty
under the ordinances or by-laws of the corporation of the city
of New York; but no female can be arrested, except for a willful
injury to person or property.
SEC. 17. The defendant, immediately upon being arrested, must Proceedings
be taken to the usual court room of the court out of which the
warrant issued, unless he gives the security specified in section
nineteen of this act; and if the justice thereof be absent, or
unable to try the action, or if it be made to appear, to the satisfaction of such justice, by the affidavit of the defendant, that he is
a material witness in the action, the constable must immediately take the defendant before the justice of the next district
court, who must take cognizance of the action, and proceed
therein the same as if the warrant had been issued out of the
latter court.
SEC. 1S. The constable making the arrest must immediately Plaintiff
give notice thereof to the plaintiff, and endorse on the warrant oaret  of
and subscribe a certificate, stating the time of serving the same,
and of his giving notice to the plaintiff.
SEC. 19. The constable making the arrest, or another constable, Duty of
by direction of the justice, must keep the defendant in custody, unless he shall give the security for his appearance, in case the court
is not sitting, as provided by section one hundred and eighteen of
the act entitled " An act to reduce the several laws relating
particularly to the city of New York into one act," passed April
nine, eighteen hundred and thirteen, which section shall be
deemed a part of this section, or until he is duly discharged by
order of this court; but in no case can such detention exceed
forty-eight hours from the time of his first being brought before
the justice, unless within that time the trial of the action be
commenced, or unless it be delayed at the request of the defendant, or in consequence of his demand of a jury trial.  If the
trial of the action be delayed at the request of the defendant,
or in consequence of his demanding a trial by jury, he must
file with the court the undertaking required by section twentysix of this act, before such delay is granted to him.




510              ACTS RELATING TO THE CITY OF NEW  YORK.
Issun oft   SEC. 20. All laws in relation to the issuing of attachments
by justices of the peace, when the debt or damages claimed do
not exceed two hundred and fifty dollars, and of the service
thereof, shall apply to these courts, except when the same may
be inconsistent with this act; and also, except that such attachment shall be signed by the clerk, or his deputy in.the name of
such clerk, with the allowances thereof endorsed thereon, signed
by the justice.
Amount of   SEC. 21. Before a warrant or attachment shall issue, the party
debt or
claim.    applying must prove to the satisfaction of the justice, by the
affidavit of himself or some other person, the iacts on which
the application is founded, and the amount of his debt or claim
over all payments and set-offs.  The plaintiff must also execute
tUnder    and deliver to the clerk of the court a written undertaking,
approved by the justice, with such approval endorsed thereon,
with or without sureties, to the effect that, if the defendant
recover judgment, the plaintiff will pay to him all costs and
extra costs that may be awarded to the defendant, and all
damages which he may sustain by reason of the arrest, not
exceeding the sum specified in the undertaking, which must be
double the amount claimed; if the undertaking be executed by
the plaintiff without security, he must annex thereto an affidavit that he is a resident and householder in the city of New
York, and worth double the sum specified in the undertaking,
as well as over and above all his debts and liabilities, as of his
property exempt by law  from  execution; but the proof and
security required by this section shall not be necessary where
the warrant is issued for the violation of a by-law or ordinance
of the corporation of the city of New York, or for the recovery
of a penalty or a forfeiture under the statutes of this state
where the corporation of the city of New York or the people
of the state of New York are plaintiffs.
Summons,   SEC. 22. The summons, warrants, and attachments issued out
warrants,
and attach- of these courts, shall not be served out of the city and county'   of New York, and the action shall be deemed commenced at
the time such summons, warrant or attachment is actually
delivered for service; if the constable or other person having the
summons to serve cannot find the defendant so as to serve him
therewith as required by this act, he must so return, and the
clerk shall, at the request of the plaintiff, continue from time
to time to issue others, until the defendant is served.
on-resident  SEC. 23. When the plaintiff does not reside in the city of
plaintiffs.
New York, and has no place of business or of stated employment therein, or when the above is true of all the plaintiffs,
before the issuing of the short summons as provided in subdivision one of section thirteen of this act, there shall be filed with
the clerk of the court a written undertaking, executed by one




DISTRICT COURTS.                             511
or more sureties, to the effect that if the defendant recover
judgment, such surety or sureties will pay all costs and extra
costs that may be awarded to defendant, not exceeding one
hundred dollars; if the defendant shall recover judgment in
such case, and the execution thereon be' returned unsatisfied,
in whole or in part, the clerk shall deliver to the defendant
such  undertaking, to be prosecuted  according to law.  (As
amended, chlap. 484, Laws of 1862.)
SEc. 24. The pleading must take place at the time the Pleadings
summons, warrant is returned served, or at such other time as
the justice may direct.  The court may at the time of pleading,
or at any other time before the trial, require the plaintiff or
defendant to exhibit to the inspection of the adverse party, with
liberty to copy the same, any writing or account declared on or
set up in the way of offset or counter claim, or if not so
exhibited may prohibit its afterwards being given in evidence.
SEC. 25. The trial of the action may be adjourned by the Trls.
court, or on the application of either party, for a period not
exceeding  eight days at any one adjournment, unless the
defendant is under arrest, in which case it shall not be adjourned
to exceed forty-eight hours, except by consent of the defendant;
an adjournment for more than forty-eight hours in such cases,
except on application of the defendant, or by his consent,
discharges the defendant from  custody, but the  action may
proceed notwithstanding such discharge, and the defendant shall
be subject to arrest on the execution in the same manner as if
he had not been so discharged.  The trial may be adjourned for
a longer period by consent, or where neither party objects to
the same.
SEC. 26. If the application fo*r the adjournment of the trial be aPppo
on the part of the defendant under arrest, before it can be granted met.
he must execute an undertakin0  g with one or more sufficient
sureties, to be approved by the justice, which approval must
be endorsed on the undertaking to the effect that he will appear
on the adjourned day, and not depart until duly discharged
according to law, or until after the trial and judgment, and that
he will surrender himself into custody if any-execution be
issued upon the judgment when obtained against him in the
action.
SEC. 27. An adjournment may be had either at the joining Adjournof issue, or at any subsequent time to which the cause rmay
stand adjourned, on application of either party, for a period
longer than eight days, but not to exceed ninety days from the
return of the summons or attachment, upon executing an
undertaking in writing, with one or more sufficient sureties, to
the effect that he will pay to the plaintiff or defendant the




512              ACTS RELATING TO THE CITY OF NEW YORK.
damages, costs and extra costs, in case judgment shall be
rendered against him in the action, upon proof by the oath of
the party or otherwise, to the satisfaction of the justice, that
such party cannot be ready for trial before the time to which
he desires an adjournment, for the want of material evidence,
describing it, that the delay has not been made necessary by any
act or neglect on his part since the action was commenced;
and that he expects to procure the evidence at the time stated
by him.
SEC. 28. The justice may impose, upon the party applying
for an adjournment, such conditions as to him  may seem
reasonable.
Failure to
appear by    SEC. 29. If the plaintiff fail to appear at the return of the
paintif.  summons, warrant or attachment, and make his complaint, the
action must be dismissed.
Co:,missions  SEC. 30. These courts may issue commissions to take the
testimony of witnesses residing out of the city and county of New
York, to be read on the trial of actions therein, in the same
manner as justices of the peace now by law are authorized to
do, which power and authority is hereby extended, so as to
authorize the issuing of commissions to take the testimony of
witnesses residing out of this state.
ontditional   SEC. 31. Whenever any action, pending in  either of said
courts, shall be commenced by the actual service of process,
or when the defendant shall have appeared in the action, either
party may have the testimony of any witness who is about to
leave the city and county of New York, and will probably
continue absent, when. the testimony is required, taken conditionally, to be used on the trial of such action, in the same
manner and with like effect as provided by article first, title
three, chapter seven of the Revised Statutes, entitled, "Of
taking conditionally testimony of witnesses within the state."
snbpnas.   SEC. 32. Subpoenas requiring witnesses to appear and testify
on the trial of an action, on the demand of either party, to be
issued out of these courts by the clerks thereof, in the same
form and served in the same manner as subpoenas issued out of
a court of record, but shall not be served out of the city and
county of New York, or an adjoining county thereto, and for
neglect or refusal to attend and testify as required by such subpoenas, such witnesses may be attached and punished in the
manner now provided by law for punishing similar neglect or
refusal in courts of record; witnesses are entitled to twenty-five
cents for each day's attendance on the trial of an action.
List ofjurors  SEC. 33. The commissioner of jurors shall, on or before the
first Monday of September in each and every year, furnish the




DISTRICT COURTS.                            513
clerk of each of these courts with a list of the names, residence
and occupation of such number of persons liable to do jury duty,
and who shall reside within the district for which they are
selected, as the justice of the court may require, in writing, not
exceeding one hundred and fifty to each district, and certify the
same. A person named on the list thus furnished shall not be
liable to do duty in any other court at any time during the year
for which they are so furnished.  The clerk of the court who
shall receive such jury list must write on a slip of paper the
name of each of the persons so furnished, and place the same in
a box, to be called the undrawn jury box.
SEC. 34. A trial by jury must be demanded at the time of Trialbjuy
joining an issue of fact, and is waived if neither party then
demand it; when demanded, the trial of the case may be
adjourned until a time fixed for the return of the jury. The Drawing of
clerk must publicly draw twelve persons from  the undrawn Jur
jury box, and deliver the list thereof to a constable, or to a person deputed by the justice for that purpose, with a written or
printed notice, directed to each person named in the list, requiring him to attend as directed as a juror, at a time specified
therein; out of which number six of the persons attending shall
be drawn to try the cause, provided that number appear.
SEC. 35. The officer or the person thus deputed must thereupon immediately summon each person named in the list, by
giving him the notice mentioned in the last section personally,
or by leaving it at his place of residence, with some person of
suitable age and discretion, and must return the list to the court
at its opening, on the day for which the jury was drawn, specifying the persons summoned, and the manner in which each was
notified.
SEC. 36. The court to which the list is returned may impose Fining
a fine not exceeding ten dollars, for the neglect of ajuror, without reasonable cause, to attend, and the same shall be collected
in the manner now provided by law for the collection of like
fines in courts of records; but, if such notice was not personally
served, the fine cannot be imposed, until, upon an order to show
cause, an opportunity is afforded him to be heard.
SEC. 37. If a sufficient number of competent and ihdifferent Non-attndjurors do not attend, the justice must direct to be summoned, jurors.
by a constable or a person deputed for that purpose from the
vicinity, sufficient to complete the jury.
SEC. 38. The ballots containing the names of the jurors sum- Ballots
moned and not drawn must be returned by the clerk to the
undrawn jury box, to be drawn as in the first instance.  The
ballots containing the names of the jurors who served must be
33




514              ACTS RELATING TO THE CITY OF NEW YORK.
placed in a box, to be called the drawn jury box, until all the
other names have been drawn therefrom, and, as often as that
happens, the whole number must be returned to the undrawn
jury box, as in the first instance.
trl ur   SEC. 39. Before a party can be entitled to a jury, he must
deposit with the clerk, at the time he demanded a trial byjury,
the sum of three dollars and the officer's fees for summoning the
jury, from which the clerk must refund to the party the fees of
all jurors who do not attend, which jurors' fees not refunded
and the officer's fees must be included in the judgment, as part
of the costs, in case the party calling the jury recover judgment.
Adjournment after   SEC. 40. No adjournment can be granted after the return of
eturn of  the jury unless the party requiring the same, in addition to the
other conditions imposed upon him, deposit with the clerk, to be
immediately paid to the jurors attending, the sum  of twentyfive cents each, which amount, in no case, is to be included as
part of the costs in the judgment.
Cof jurors    SEC. 41. If either party object to the competency of a juror,
the question thereon must be tried in a summary manner by the
justice, who may examine the jurors or other witnesses on oath.
Verdicts.    SEC. 42. The verdict of the jury must be general for the
plaintif for a specific sum, or for the defendant, or where there
is a counter-claim or set-off proved for the defendant in a specified: sum; but when there are several plaintiffs or defendants, the
verdict may be for or against one or more of them, and the
judgment must be entered therein immediately after the rendering of the verdict.
Ctrauserre    SEC. 43. If, at any  time before  the  trial has actually
commenced, it shall appear to the satisfaction of the justice that
he is a necessary witness on the trial of the cause, or is disqualified to try the same, he shall, by an order entered in the cause,
order the papers in the same to be transferred to a district court
for the adjoining district, and the latter court shall there have
jurisdiction to hear and try the same.
Swearing   SEC. 44. The swearing of thejury, and the mode of conducting the trial, are the same in these courts as they are in courts
of record.
Rendering    SEC. 45. Judgment that the action be dismissed, with costs,
s without prejudice to anew action, shall be rendered in the following cases:
1. Where the plaintiff voluntarily discontinues the action
before it is finally submitted.




DISTRICT COURTS.                            515
2. When he fails to appear at the time specified in the summons, warrant or attachment, or upon adjournment.
3. When it is objected at the trial, and appears by the evidence, that the action is brought in the wrong district, or by a
plaintiff not a resident in the county, without giving the security
required by this act, or that the court has not jurisdiction; but
if the objection be taken and overruled, it is cause only of
reversal on appeal, and does not otherwise invalidate the judgment; if not taken at the trial, it is waived, and the court will
be deemed to have jurisdiction.
4. Where the plaintiff does not prove his cause of action.
SEC. 46. When the defendant fails to appear and  answer, Faplure to
judgment must be given for the plaintiff as follows:           answer.
1. When a copy of the complaint, account, or instrument,
has been served personally with the summons, warrant or
attachment, as prescribed by section fifteen of this act, judgment must be given, without further evidence, for the sum
specified therein
2. In other cases, the justice must hear the evidence of the
plaintiff, and render judgment for such sum only as shall appear
by the evidence to be just, but in no case to exceed the sum
specified in the summons, warrant or attachment.
SEC. 47. Upon the issue of fact joined, if a jury trial be not Isues of
demanded, as required by this act, the justice must hear the
evidence, and decide all questions of fact and law, and render
judgment accordingly within eight days from the time the same
is submitted to him forthat purpose, except when the defendant
is under arrest, and has not given security for his appearance;
in such case, the justice shall render his judgment immediately
after the close of the trial. All issues of law shall be heard and
decided by the judge without a jury.
SEC. 48. The provisions of sections fifty-five to  sixty-four, crois'is of
both inclusive, and of section sixty-eight of the Code of Pro-ng to these
cedure, shall apply to these courts, except that the transcript
of judgment specified in the latter section shall be furnished by
the clerk of the court in which the judgment was rendered, and
also except that the execution mayissue as well out of the district court in which the judgment was rendered, as out of the
court of common pleas.
SEC. 49. Where the amount found due to either party exceeds
the sum for which the justice is authorized to enter judgment,
such party may remit the excess, and judgment may be entered
for the residue.




516              ACTS RELATING TO THE CITY OF NEW YORK.
Judgments   SEC. 50. When a judgment is rendered in a case where the
arrest ana defendant is subject to  arrest and  imprisonment thereon,
ment.   it must be so stated in the judgment and entered in the docket.
xecutions.   SEC. 51. Execution for the enforcement of a judgment in a
district court may be issued by the clerk of the court in which
the judgment was rendered, or by his successor in office, on the
application of the party entitled thereto, at any time within five
years from the entry of the judgment, and it may also be issued
out of the court of common pleas after the same has been
docketed in the county clerk's office.
SEC. 52. The execution, when issued out of the  district
court, must be directed to a constable of the city of New York,
and subscribed by the clerk of the court in which the judgment
was rendered, or by his successor in office, and must bear date
of the day of its delivery to the officer to be executed.  It must
intelligibly refer to the judgment, by stating the names of the
justice before whom, and of the district where, and the time
when rendered, and the amount of the judgment, and if less
than the whole is due, the true amount due thereon.  It must
require of the constable, substantially, as follows:
1. If it be a case where the defendant cannot be arrested, it
must direct the officer to collect the amount of the judgment,
or the amount due thereon, out of the personal property of the
debtor, and to pay the same to the party entitled thereto.
2. If it be a case where the defendant may be arrested, in
addition to the foregoing, it may direct the officer, if sufficient
property of the defendant liable to execution cannot be found
to satisfy the judgment, that he arrest the defendant and commit him to the jail of the county, until he pay the judgment,
or be discharged according to law.
3. It must further, in all cases, direct the officer to make
return of the execution, and a certificate thereon showing the
manner in which he has executed the same, in twenty days
from the time of his receipt thereof, to the court from which the
execution issued.
Execution    SEC. 53. Upon an execution or ajudgment against joint debtdioint ors, upon one or more of whom the summons, warrant or attachment was not served, the execution must contain a direction to
collect the amount out of the joint property of all the defendants,
and the separate property of the defendants upon whom  such
summons, warrant or attachment was served, to be specified by
name. If such judgment be also such that the defendants are
subject to arrest thereon, the execution must further specify
the names of the defendants served with the summons, warrant
or attaohment, who may be arrested for want of property.




DISTRICT COURTS.                             517
SEC. 54. When the  execution  directs  the  arrest of the
defendant for want of sufficient personal chattels, if there be
not sufficient subject to levy known to the officer, or if, upon
demand by the officer of the defendant, he fail to produce sufficient property, the officer may, without further delay, arrest
the defendant; when arrested, the defendant must be conveyed
to the common jail of the county, and there kept in custody
until the execution, with costs, be paid, or he be discharged by
due course of law.
SEC. 55. An execution may, at the request of the plaintiff, Renwctlof
~9  L~lla  Isli;L~I~I~Jlllt  executions.
be renewed before the expiration of the twenty days by the word
"renewal" being written thereon, with the date thereof subscribed by the clerk of the court or his deputy; such renewal
has the effect of an original issue, and may be repeated as often
as may be necessary. If an execution be returned unsatisfied,
others may be issued on the like request from  time to time,
until the judgment be satisfied.
SEC. 56. A defendant cannot be arrested, nor his property
sold on execution after twenty days from its issue, or renewal;
but property levied on within the twenty days may be sold after
renewal.
SEC. 57. A constable is liable to a party, in whose favor an Liability o
execution is issued to him for the amount thereof, in the following cases:
1. When he suffers the twenty days to elapse without making
a true return thereof, and filing the same with the clerk of the
court, and paying to ]iim or to the party entitled thereto the
money collected thereon by him.
2. When he willfully or carelessly omits to levy on property
of the defendant, or, if the defendant be liable to arrest, to
arrest and imprison him  within the twenty days; or, having
arrested the defendant, fails to commit him  to the county jail
within the twenty days.
SEC. 58. Whenever an execution has been returned satisfied RXturn o
in whole or in part, where a transcript of the judgment has
been filed in the county clerk's office, a certificate thereof,
signed by the clerk of the court in which the judgment was
rendered, may be filed in the office of the clerk of the county,
who shall thereupon enter satisfaction for the,amount so satisfied; judgments docketed in these courts may be satisfied in the
same manner as judgments docketed in courts of record.
SEC. 59. Every clerk of these courts must keep a book, okets.
denominated a docket, in which must be entered by him:




518             ACTS RELATING TO THE CITY OF NEW YORK.
1. The title of every action in which a summons, warrant or
attachment is issued, or when parties voluntarily appear.
2. The date of the summons, warrant or attachment, and the
time of its return, and if an allowance of a warrant to arrest the
defendant or to attach his property was made, such facts must
also be stated.
3. The time when the parties or either of them appeared;
a minute of their pleadings, if in writing, referring to them;
if not in writing, a concise statement of a material part of the
pleadings.
4. Every adjournment, stating on whose application, whether
on oath, evidence or consent, and to what time.
5. When a trial by jury is demanded, the demand must be
stated and by whom made, and the time appointed for the trial,
and the return of the jury.
6. The names of the jury sworn, the names of the witnesses
sworn, and at whose request.
7. The verdict of the jury, and when received; if the jury disagree and are discharged, that fact must be stated.
8. The judgment of the court, its amount, and the costs in the
action.
9. The issuing of execution, when issued and to whom; the
renewals thereof; if any, and when made; the return and when
made, and a statement of any money paid to the clerk, and when
and by whom.
10. The giving of a transcript to be filed in the county clerk's
office, and when given.
11. The receipt of a notice of appeal or order to make or
amend a return, stating the time of the receipt thereof.
Pntriesin     SEC. 60. The several particulars in the last section specified
must be entered under the title of the action to which they relate,
and at the time when they occur,, such entries in the docket, or a
transcript thereof, certified by the clerk or his successor in office,
with the seal of the court thereon impressed, are evidence to
prove the facts as stated therein.
Index.   - SEC. 61. The clerk must keep an index to his docket, in which
must be entered the names of the parties to each judgment, with
a reference to the page of entry, the names of the plaintiffs and
defendants respectively must be entered in the index in alphabetical order.
Duty of    SEC. 62. It is the duty of every clerk of these courts to deliver to his successor in office his official dockets and papers on




DISTRICT COURTS.                             519
file in his office, as well his own as those of his predecessors
which may be in his custody, there to be kept as public records.
SEC. 63. A clerk with whom the docket of his predecessor is Cearks me
deposited may issue execution on a judgment there entered and tions'unsatisfied, in the same manner and with the same effect as
though he was clerk of the court at the time the judgment was
rendered.
SEC. 64. A copy of a paper on file in the office of the clerk in Certified
either of these courts, certified by him or his deputy as such, papers shall
^   ~~~~-n ~~.i~~~~~~~.^ ~~~ ~.~~'be evidence.
shall be prlmafacie evidence thereof.
SEC. 65. The corporation of the city of New York shall furnish, Rooms,
furniture,
at the expense of that city, all necessary attendants, rooms, blanks, etc.
furniture, blanks, stationery and fuel for these courts.  And an
act entitled " An act in relation to the superior court and to
the court of common pleas and to the marine court for the city
of New York," passed July thirteen, eighteen hundred and fiftythree, shall apply to these courts.
SEC. 66. Subdivisions one, two, three, four and five of section Relativeto
ten, and sections eleven, twelve, thirteen, fourteen and fifteen, of contempt.
chapter three, part third, and title second of the Revised Statutes,
in relation to criminal contempts, and all laws for enforcing
compliance with said sections and subdivisions, shall apply to
these courts.
SEC. 67. The following are the fees of these courts, when the ees of
plaintiff's demand is less than fifty dollars:
1. For all proceedings when the defendant does not answer,
including judgment, transcript and execution, one dollar and
fifty cents.
2. For all proceedings to, and including the joining of issue,
if a warrant or attachment be issued, one dollar and fifty cents.
If there be no warrant or attachment issued, one dollar.
3. For an adjournment, twenty-five cents to be paid by the
party requesting the same.
4. For taking testimony conditionally, or issuing a commission
to take the testimony of witnesses out of the city, fifty cents.
5. For all proceedings after issue to and including trial by
jury, if there be one, one dollar and fifty cents.  If there be no
trial by jury, one dollar.
6. For judgment upon the issue and any proceedings afterwards, including transcripts, executions, returns, and all other
proceedings and entries, fifty cents.
7. Postage actually paid on serving or receiving a commission
to take testimony, and the actual expense of taking the same.




520              ACTS RELATING TO THE CITY OF NEW YORK.
8. For a transcript of the docket of judgment, or certifying a
copy of a paper on a file in the clerk's office, the same fees as
are allowed in the marine court of the city of New  York for
like services.
9. All necessary disbursements paid by the party recovering
judgment.
Dverands    SEC. 68. When the plaintiff's demand is for fifty dollars or
dollars   more, the fees in these courts shall be the same as in th& said
marine court for like services; and the justices and clerks of
these courts respectively shall receive the same compensation
as the justices and clerk of said marine court now  by law
receive, payable out of the city treasury, on the first day of each
and every month.
stabes'    SEC. 69. Constables' fees, for services rendered before judgment, may be included therein, when it is in favor of the party
liable therefor; and in addition to the fees now allowed by law,
they shall receive the sum of twenty-five cents for every copy
of the complaint served by them with the process by which the
action is commenced.
Etra costs.  SEC. 70. Sections three and four of an act entitled " An act in
relation to the marine court in the city of New York," passed
July twelve, eighteen hundred and fifty-three, shall apply to
these courts when the plaintiff's demand be for the recovery of
fifty dollars or more; but the plaintiff shall not recover such
extra costs unless judgment be rendered in his favor for fifty
dollars or more; nor shall either party be entitled to such extra
costs unless he has an attorney actually engaged in the prosecution or defense of the action.  Such extra costs shall be entered
in the judgment, and belong to the party in whose favor the
j udgment is entered.
Appointment  SEC. 71. The clerks of these courts shall be appointed, and
deputies.  hold their offices in the manner now provided by law, and vacancies in their office shall be filled in like manner; provided, however, that the clerks of said courts who shall be in office at the
next election of judges for said courts shall hold their offices for
the same time as the justices then elected; each of the said
clerks may, by an instrument in writing, filed with the justice,
appoint a deputy who may in his name perform  all the duties
required of the clerk, and he shall be liable for the faithful performance of such deputy's duty; but the services of such deputy
shall in no case be paid for out of the city treasury.
Dlerk. sf    SEC. 72. It shall be the duty of the clerk of each of these
courts:
1. To keep the seal of the court, and affix it to the certificate
of the transcript of the docket of judgment, or any other certificate, when required so to do.




DISTRICT COURTS.                             521
2. To record the proceedings of the court.
3. To keep the records and other books appertaining to the
court.
4. To file papers delivered to him for that purpose in any
action. 
5. To attend the sitting of the court of which he is clerk; to
administer oaths in an action, in the presence of the court and
under its direction, and to receive the verdict of the jury.
6. To authenticate, by certificate or exemplification, as may be
required, the records or proceeding of the court, or any other
paper appertaining thereto and filed with him.
7. To exercise the powers and perform  the duties conferred
and imposed upon him by this act.
8. In the performance of his duties, to conform to the direction
of the court.
9. To keep his office open for the transaction of business, office hours.
every judicial day, from nine o'clock in the forenoon to four
o'clock in the afternoon.
SEC. 73. It shall be the duty of the clerk of each of these Payment of
courts to collect and receive all the fees thereof, and to account treasury.
for and pay the same into the city treasury, monthly, under
oath, on the first day of each and every month, or withinthree
days thereafter, which account shall contain the title of each
case and the amount of fees received therein, and the salary of
such clerk shall not be paid until he shall have so accounted
and paid, and he shall perform  no service until he shall have
received the legal fees thereof.
SEC. 74. Every clerk hereafter appointed, shall, before he fficialbons
enters on the performance of his duty, execute and file with the
clerk of the city and county of New York, a bond in the penal
sum of five thousand dollars, with two or more sufficient sureties,
to be approved by the mayor or one of the judges of the court
of common pleas (such approval to be endorsed thereon), to the
effect that he will faithfully perform the duties of his office, and
pay into the city treasury all moneys he may receive, belonging
to the city, and to pay all moneys that may be deposited with
him in any action to the party entitled to the same.  For any
and every breach of this bond, the court of common pleas, or a
judge thereof, may order the same to be prosecuted in the name
of any person entitled to such money.
SEC. 75. The clerk of each of these courts is authorized to Oaths.
administer oaths in the city of New York, in the same manner
and with like effect as if he was a clerk of a court of record.




522               ACTS RELATING TO THE CITY OF NEW  YORK.
Appeals.   SEC. 76. The provisions of the Code of Procedure in relation
to appeals to review judgments rendered in these courts from
section three hundred and fifty-one to section three hundred
and seventy-one, both inclusive, shall apply to said courts,
except that such appeals shall be to the superior court of the
city of New York. (1)
jUtcs to    SEC. 77. The justices of each of these courts may, in the city
tako d'- of New York, by virtue of his office, administer oath, take depositions and acknowledgments, and certify the same in like manner and with like effect as if he were a justice or judge of a court
of record, and he may also perform the duties enumerated in the
following provisions of the Revised Statutes of this state, and
have all the authority therein specified.
1. Article fourth, title three, chapter seven, entitled of " Depositions to be taken in the state, to be used in courts of other states
and counties."
2. Article second, title ten, chapter eight, entitled " Summary
proceedings to recover the possession of land in other cases."
3. Title one, chapter two, entitled " Of proceedings to prevent
the commission of crimes."
4. Title two, chapter two, entitled "Of the arrest and examination of offenders, their commitment for trial, and letting them
to bail."
provision.    SEC. 78. All the provisions of this act, from section one to
section seventy-six, both inclusive, apply exclusively to these
courts.  Section twenty-seven relates to the justice only, who
is thereby authorized to try special proceedings and perform
magisterial and such other duties as are therein conferred upon
him, and the trial of an action or special proceeding may be
continued from day to day, or from one day to any other day or
Special pro- days, until the same is finished.  A  special proceeding commences (2) before one justice may be continued before any other
justice having jurisdiction of the subject matter, the same as
though it had been originally  commenced before him.  A
transcript of any proceedings had before either of said justices;
or of any other paper filed with him, or of the minutes of any
testimony taken by or before him, certified by him  to be correct, shall be presumptive evidence of the facts therein contained.
Power and   SEC. 79. The justice, when actually engaged in the hearing
authority of 
justices   or trial of any special proceeding, shall have all the power and
when engaged in
trials.   (1) By subsequent amendments to the Code, the appeal from these courts is restored
to the court of common pleas. For the provisions in regard to such appeals, see Code
of Procedure, ~~ 351 to 371.
(2) So in the original.




DISTRICT COURTS.                             523
authority that are conferred on these courts by section sixtysix of this act, and he may compel the attendance of witnesses
on the trial of such special proceedings, the same as if it was
the-trial of an action pending in a court of record, except that
subpoenas shall be signed by thejustice, and he is authorized to
punish them for neglect to attend the same, as courts of record
are authorized to do.
SEC. 80. Words used in this act in the past or present tense Application
include the future as well as the past or present; words used in
the masculine gender include the feminine and neuter; the
singular number includes the plural and the plural the singular;
the word " person" includes a corporation as well as a natural
person; writing includes printing or printing paper; "oath 
includes affirmation or declaration  "signature " or " subscription " includes " mark," when the person cannot write, his name
being written near it, and witnessed by a person, who shall
write his own name as witness.  The following  terms also
named in this act, have the signification attached to them in this
act, unless otherwise apparent from the context:
1. The word "attorney" signifies an attorney of the supreme
court of this state, duly licensed to practice as such
2. The word " district " signifies judicial district.
3. The word " clerk " signifies the clerk of the court where
the action is pending.
4. The word "constable" signifies any person authorized to
perform the duties of a constable.
5. The word " corporation" includes every association having
any corporate rights, whether created by special acts of legislature or under general laws.
SEC. 81. All statutes, laws and rules heretofore in force in this epeal or
state, in any case provided for in this act, or inconsistent with andrules.
its provisions, are hereby repealed and abrogated; nor is any
such statute, law or rule to be deemed retained because it is
consistent with the provisions upon the same subject in this
act; but such repeal does not affect any right already existing,
or accrued, or any proceedings already taken, except in this act
provided.
SEc. S2. This act shall take effect immediately.




524              ACTS RELATING TO THE CITY OF NEW  YORK.
1813.-CHAPTER LXXXVI.
AN  ACT to reduce several laws relating particularly to the city of
New York into one act.-Passed April 9, 1813.
t)efendant    XCIII. And be it further enacted, That if the defendant in any
their de- action to be brought before any assistant justice by virtue of
mands, if                              any
any.    this act, hath any account or demand against the plaintiff, he
may plead and set off the same against the demand of the plainto begpot tiff;,and if any defendant shall refuse or neglect so to do, such
cludedfrom defendant shall forever thereafter be precluded from having any
for.    action against the plaintiff to recover the same or any part thereBe lanced-s of: Provided always, That where the balance found to be due to
25 dollars. the defendant shall exceed twenty-five dollars, in such case the
defendant shall not be precluded from  recovering the same
account or demand against the plaintiff, in any other court of
record having cognizance thereof.
Constable or  XCIX. And be itffurther enacted, That the constable or marshal,
how to pro- after taking such goods and chattels into his custody, by virtue
ceed on executions.   of such execution, shall immediately give public notice by an
advertisement signed by him, and put up at three public places
in the ward in the said city, where such goods and chattels shall
be taken, of the time and place when and where they will be
exposed to sale, at least five days before the time appointed for
the selling thereof, and therein describe the goods and chattels
so taken; and at the time and place so appointed for selling
them, shall expose them to sale at public vendue, and sell them
to the highest bidder, and pay the debt, or damages and costs
so levied, to the assistant justice, who issued the execution,
returning the overplus (if any), to the owner; and for want of
goods and chattels whereon to levy, the said constable or marshal shall, according to the tenor of the said execution, take the
body of the person against whom the same execution shall be
granted, and convey or deliver him or her to the keeper of the
common jail, and debtor's prison of the said city and county;
and in case the person against whom such execution shall issue,
be a fieeholder, such keeper is hereby commanded to keep such
person in safe custody, in the jail or prison aforesaid, until the
debt or damages, with costs, shall be fully paid; and in case
such person be not a freeholder, and the same be certified, or a
memorandum thereof made by such justice upon such execution,
whose duty it shall be so to do, then until the expiration of
thirty days from the time of receiving such person.
rs. howpro-  C. And be itfurther enacted, That every summons or warrant,
eeded   to be issued by any such assistant justice, may issue against
any joint debtors, in the same manner as against individual
debtors; and in case the same be duly served, in manner hereinbefore directed, upon either of such joint debtors, such joint




DISTRICT COURTS.                             525
debtors upon whom the same shall be so served, shall answer
to the plaintiff, and the judgment shall in such case be against
the joint debtor or debtors, on whom the same was served, and
against the other joint debtor or debtors named in such summons or warrant, in the same manner as if the said process had
been duly served on all such debtors: Provided, however, that
no execution shall issue against the body, or against any goods
and chattels, the sole property of any debtor on whom  such
process was not duly served as aforesaid.
CXV. And be it farther enacted, That whenever any plaintiff, cath to wr
or his attorney, shall apply for a warrant to be issued out of rant
the said court to be holden before the said justices, in cases
where, by this act, an oath is necessary previous to the issuing
of such warrant, the clerk of the said court is hereby authorized
and empowered to administer such oath.
CXVIII. And be it farther enacted, That when any defendant arrestedon
shall be taken, on any warrant issued out of the said court warrant, to
_                                        give  bail
to be holden before the said justices, and the. same court bondfor ap.
shall not then be sitting, it shall be the duty of the constable court bo not
or marshal, or other proper officer having such warrant, tositting
take in his own name, and in his official capacity, bail or security
of some sufficient person or persons to be bound by bond, conditioned for the appearance of the defendant on the next court
day, and if the said defendant shall not appear in person in
court, at the time mentioned in the said bond, and if the plaintiff shall approve of the said bail or security, by accepting an
assignment of the said bond, then the constable or marshal
shall and may return the said warrant in the same manner as if
the defendant had been brought in court in person, and the court
shall and may proceed in the cause, in the same manner as if Prce~dng3
the defendant had appeared in person, and denied the plaintiff's
charge by plea; and the said bail or security shall be held to
pay the debt or damages, and both which shall or may be
adjudged against the defendant, unless the said defendant shall
enter the necessary security for the payment of the amount of
the said judgment within sixty days, or shall (in case he shall
be liable to imprisonment) surrender himself or herself in execution within forty-eight hours from the time of the entry of said
judgment; but if the defendant, when taken by virtue of the   barifadto
aforesaid warrant, shall neglect or refuse to give bail or security,fndant tobe
for his or her appearance as aforesaid, it shall be lawful for the to jail until
next court
constable or marshal, or other proper officer having such war- yt,o
rant, to take such defendant to the jail of the city and county
of New York, and deliver him  or her to the keeper of the said
jail, who is hereby required to receive such defendant, and to
keep him or her in safe custody in the said jail until the next
court day, when the said constable or marshal, or other proper
officer who shall have served such warrant, or some other con



526               ACTS RELATING TO THE CITY OF NEW  YORK.
stable or marshal, who may be directed by the court, in writing,
shall bring such defendant before the said court: Provided, that
detatned  it shall not be lawful for the said keeper to detain such defendmorethan48 ant in custody upon such warrant for a longer time than fortyhours.  
Plaintiffmay eight hours: Andfurther, that in case the plaintiff shall accept
commence
suit on bail an assignment of the bail bond, to be taken by the constable or
bond.    marshal, or other officer, the plaintiff may, if necessary, commence a suit thereon in his own name, as the assignee of the
constable, marshal, or other officer; and on obtaining judgment
thereon, shall, under the execution to be issued thereon, levy
the amount of the debt or damages and costs, for which judgment shall be given in the original action, with costs in the
Or nsue the suit on the bail bond, and no more; but if the plaintiff shall
marshal for refuse to take an assignment of such bail bond, he shall have
escae. his remedy against the constable, marshal, or other officer as in
case of an escape; and in that case, such constable, marshal, or
other officer may commence a suit in his own name and for hlis
indemnity on such bail bond.
Security   CXX. Andafurther enacueu,
my be ex-  CXX. Andbe it further enacted, That in all cases in  hich,
oath  on according to the provisions of this act, security shall be required,
it shall be lawful for the justice or clerk, taking such security,
if he shall deem it necessary, to examine the person or persons
who may be offered as security on oath, as to his or their sufficiency to become such secpurity.
constable or  CXLII. And be it further enacted, That in case any constable
marshal, in
what cases or marshal shall be prosecuted for any money collected by him
to be prohibited from in his official capacity, and retained by him, or shall be guilty of
ess.ng ro- any disorderly or improper conduct in or towards either of the
said courts, to be held by virtue of this act, then and in such case
it shall be lawful for the said court, in its discretion, to prohibit
such constable or marshal to serve or execute any process or
execution thereafter to be issued out of such court in any civil
cause whatsoever.
CXLVIII. And be it jurther enacted, That the said justices'
court shall have cognizance of suits on surety bonds taken in the
said court, and that all bonds which may hereafter be taken upon
the adjournment of any case shall be considered good and valid
against the obligor or obligors, although subsequent adjournments are had after the execution of such bond or obligation.




DISTRICT COURTS.                              527
1817.-CHAPTER LIX.
AN  ACT relating to the sixth section of the act, entitled "An act
for the recovery of debts to the value of twenty-five dollars," and
to the ninety-third section of the act, entitled "An act to reduce several
laws relating particularly to ihe city of New York, into one act."Passed January 27, 1817.
Be it enacted by the People of the State of New York, represented in
Senate and Assembly, That no defendant shall be precluded from
having any action against the plaintiff to recover his debt or
demand, or any part thereof, provided the same shall exceed
twenty-five dollars, over and above all just set-off the plaintiff
may have against the defendant, exclusive of the judgment which
the plaintiff may have obtained against the defendant, notwithstanding such defendant may have neglected to set off the
same against the plaintiff before the justice of the peace, or the
assistant justice in the city of New  York, according to the
provisions of the several sections of the acts hereby amended.
1819.-CHAPTER LXXI.
AN ACTto amend "An act to reduce several laws relating particularly to the city of New York into one act," so far as relates to the
Justices' Court in the said city.-Passed March 26, 1819.
II. And be it further enacted, That the assistant justices of the
city of New  York, shall not have jurisdiction to hear and
determine any actions to be brought by any seaman or mariner,
or other person belonging to any ship or vessel for seaman's
wages, particularly mentioned and specified in the one hundred
and sixth section of the act hereby amended.
1820.-CHAPTER  CLX.
AN ACT to amend the act, entitled" An act to amend an act, entitled' An act to reduce several laws relating particularly to the city of New
York into one act, asfar as it relates to Assistant Justices,' " passed
January 4th, 1820.-Passed April 7, 1820.
I. Be it enacted by the People of the State of New York, represented certain see.
in Senate and Assembly, That the one hundred and eighteenth d.
section of the act entitled "An act to reduce several laws relating particularly to the city of New York into one act," passed
April 9th, 1813, authorizing any marshal or constable of the




528              ACTS RELATING TO THE CITY OF NEW YORK.
said city, whenever he shall arrest any defendant on a warrant
from  the marine court of said city, to take security for his
appearance, in case the said court shall not be sitting, be, and
the same is hereby, declared to apply to warrants issuing out of
the assistant justices' courts of the said city and county of New
York; and that the regulations and provisions of the said
section shall have the same force and effect, to all intents and
purposes in the said assistant justices' courts, as the same have
or ought to have in the said marine court.
Cectain ther  II. And be itfurther enacted, That the one hundred and thirtytended.  sixth and one hundred and thirty-seventh sections of the said act,
referred to in the preceding section, regulating the time and
manner of issuing executions on judgments for sums over twentyfive dollars, in the said marine court; and also, the one hundred
and fifteenth section of the same act, authorizing the clerk of
the said marine court to administer oaths in certain cases where
warrants are applied for, be, and the same are hereby, declared
to apply to the assistant justices' courts of the said city, and the
clerks of the same, in relation to the administering of such oaths;
and that the regulations and provisions of the said sections shall
have the same force and effect in the said assistant justices'
courts and every of them, as they have or ought to have in the
marine court of the city of New York.
1837.-CHAPTER  CCCCLXI.
AN  ACT relating to Assistant Justices' Courts in the city of New
York.-Passed May 16, 1837.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SECTIONS 1 to 5 and 7 to 9 repealed by chapter 344, Laws
of 1857.
Saving     SEC. 6. No process, suit, judgment, execution or proceeding,
had before either of the courts held by either of the said assistant justices, shall abate or be discontinued by reason of the
death, removal from office, or vacancy in office of any assistant
justice, but the respective successors in office of the said assistant
justices shall proceed to hear, try, determine and give judgment
in and upon the same, and upon all matters and things pending
before and undecided by their predecessor in office, with the
same powers, jurisdiction and authority as their predecessors
had.




DISTRICT COURTS.                             529
1840.-CHAPTER  CLXX.
AN ACT relating to the Assistant Justices' Courts in the city of New
York. —Passed April 25, 1S40.
The People of the State of New York, represented in Senate and
Assembly, do enact asfollows:
SEC. 1. No suit brought, or action commenced, in any of the
assistant justices' courts in the city of New York, shall abate or
be discontinued, by reason of the absence of any of the assistant
justices in said city from their usual respective places of holding
the said courts, on the return day of any process, or upon the
day to which any cause or proceeding shall have been adjourned;
but the clerks of said courts respectively shall have power to
adjourn such cases to such time as the said assistant justice
shall be in attendance upon said court; Provided, however, that
such adjournment shall-exceed at no one time six days, without
the mutual consent of parties to the suit.
SEC. 2. This act shall take effect immediately.
1851.-CHAPTER DXIV.
AN ACT in relation to the Justices' Courts in the city of New York,
and to amend " An act in relation to Justices' and Police Courts in
the city of New York," passed March 30, 1848, and as the same has
been amended.-Passed July 11, 1851.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SECTIONS 1 to 6 abrogated by chapter 344, Laws of 1857.
SEC. 7. There shall be elected, at the next general election,
to be held on the first Tuesday after the first Monday of Novem- Election of
ber next, and once in every six years thereafter, by the electors justices
of each of said districts, a justice to hold the court therein.
Such justice shall enter upon the performance of his duties on
the second Tuesday of May, in the year one thousand eight
hundred and fifty-two, and hold his office until the thirty-first
day of December, in the year one thousand eight hundred and
fifty seven, and thereafter he shall enter upon the performance
of his duties on the first day of January succeeding his election,
and his term of office shall be for six years.  The clerks of these
courts hereafter appointed shall enter upon the performance of
their duties at the same time, and shall hold their offices for the
same period as thejustices to be elected under this act.
SEC. 8. All provisions of law, in relation to general elections
in the city of New York, and the notices thereof, shall apply to lection,
it  -t i'Li-t' i"   f   ii    t                      how  conthe election of the justices of these courts.                  ducted.
34




530              ACTS RELATING TO THE CITY OF NEW  YORK.
1857. —CHAPTER DCCXCIII.
AN  ACT in relation to the election of certainjudicial officers in
the city and county of New York.-Passed April 18, 1857.
The People of the State of New  York, represented in Senate
and Assembly, do enact as follows:
eection   SEC. 1. The justices of the district courts and the police
justices for the city and county of New York shall hereafter be
elected on the first Tuesday of December preceding the expiration of their respective terms of office at the same time with the
election of charter officers for the said city.
SEC. 2. This act shall take effect immediately.
158.-CHAPTER CCCXXXIV.
AN  ACT in relation to the jurisdiction of the Marine and District
Courts of the City of New York, and in relation to the proceedings
in certain actions therein.-Passed April 17, 1858, "three-fifths
being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The district courts of the city of New York shall
hereafter have no jurisdiction in actions against the mayor,
aldermen and commonalty of the city of New York.
IS60.-CHAPTER CCC.
AN  ACT to divide the sixth judicial district of the city of New
York.-Passed April12, 1860, "three-fifths being present."
The People of the State of New  York, represented in Senate
and Assembly, do enact as follows:
Sixth udi-   SEC. 1. The sixth civil judicial district of the city of New
aidd"trict York, now composed of the sixteenth, eighteenth, twentieth and.
divided.
twenty-first wards,\ is hereby divided into two judicial districts;
and the eighteenth and twenty-first wards shall hereafter constitute the sixth; and the sixteenth and twentieth wards shall
constitute the eighth judicial district in said city.
Suitable   SEC. 2. The comptroller of said city shall procure, or cause
place for
holding   to be procured, a suitable place within said eighth district,
urt. be as herein described, for holding a court, which shall be held in
the place so designated.




DISTRICT COURTS.                             531
SEC. 3. A clerk of said court shall be appointed by the super- appolrtbed
visors of said city and county, within sixty days after the
passage of this act, for the term of six years from the first day
of January, one thousand eight hundred and sixty-one.
SEC. 4. At the next charter election to be held in the city ofe elected.
New York, a justice shall be elected for the said eighth district
in the same manner as the law now directs the justices of the
district courts in the city of New York to be elected, and shall
hold his office for six years from January first, eighteen hundred
and sixty-one.
SEC. 5. The justice and the clerk of said court shall receive for ClP"
their services the same compensation as the justices and clerk
of the other district courts in said city receive, and shall have
the same powers, perform the same duties, and be subject to all
the legal provisions now existing in relation to the district courts
in the city of New York.
SEC. 6. This act shall take effect immediately.
1862.-CHAPTER CCCLXXXIX.
AN  ACT  to amend an act, entitled " An act to reduce the
several acts relating to the district courts in the city of New York
into one act," passed April thirteenth, eighteen hundred and fftyseven.-Passed April 21, 1862, " three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. In addition to the jurisdiction now conferred by law Jurisdiction.
upon the district courts of the city of New York, they shall
have jurisdiction of actions in which the people' of this state are
a party, where such actions are brought by the overseers of the
poor or the commissioners of public charities and corrections in
said city, upon bastardy or abandonment bonds, and the amount
demanded or recovered does not exceed five hundred dollars;
the pleadings and proceedings to be the same as in actions
brought on bonds with conditions other than for the payment of
money, and for any breaches,of the condition of such bond given
in cases of bastardy which shall happen after the recovery of
any damages, or the commencement of any suit, the district
court in which the suit was originally brought shall have
power to issue a new summons, and upon the return thereof to
ascertain the amount of damages arising from said breach, and
to give judgment accordingly; and in suits upon bonds given




532              ACTS RELATING TO THE CITY OF NEW YORK.
in abandonment cases, the justice holding such court shall have
the same power as to requiring further security, or committing
defendant in default thereof, as are now conferred by law upon
the judges of courts of record in similar cases.
Tnjer cent.  SEC. 2. Upon a recovery being had in court, in the cases
may be
allowed.  referred to in the preceding section, in addition to the costs now
allowed by law therein, the court shall make, and the clerk shall
enter in the judgment, an additional allowance of ten per cent.
on the amount recovered.
1862.-CH-APTER CCCCLXXXIV.
AN  ACT  in relation to the Courts in the city and county of
New  York —Passed April 24, 1S62, "three-fifths being
present."
The People of the State of New York, represented in Senate and
Assembly, do enact asfollows:
Attorneys    SEC. 1. No person shall ask, demand, or receive, directly or
practicing
without  indirectly, any compensation for appearing as attorney in any
license   of the courts in the city and county of New  York, nor be permitted to make it a business to practice as an attorney in any of
said courts, unless' he shall have been regularly admitted by the
supreme court of the state of New  York, to practice as an
attorney and counsellor in all the courts of this state.
Penalty   SEC. 2. Any person violating the provisions of this act shall
be guilty of a misdemeanor, punishable by not less than one
month's imprisonment in the county prison, or by a fine of not
less than one hundred dollars, or more than two hundred and
fifty dollars, or by both such fine and imprisonment; and any
judge of said courts, who knowingly allows or permits any
person not regularly admitted to practice in the said courts,
shall be guilty of a misdemeanor, punishable in the same manner
as herein provided; but this act shall not prohibit any person
from appearing in his own behalf, in any of said courts.
preme ourt  SEC. 3. The rules and regulations of the supreme court of
applicable. this state shall apply to the marine and district courts as far as
the same can be made applicable, and such changes, alterations,
and additions, as will be from time to time made, in and to said
rules and regulations by said supreme court, shall affect the said
marine and district courts in the same manner as the said
supreme court is affected by them; and such alterations,
changes and additions shall be as binding upon said courts as
they will be upon the said supreme court.




DISTRICT COURTS.                           533
SEC. 4. The constables of the city of New York, elected or consab
appointed after the passage of this act, shall be denominated the marshals.
marshals of the city of New York, and they shall have the same
power and perform all the duties that have heretofore appertained to the office; and each of said marshals shall be a resident
of the district wherein the court, for or to which he is or shall
be appointed, is located.
SEC. 5. Any marshal, hereafter appointed or elected, shall not Bnd of
be permitted to enter upon the duties of the office until he shall 
execute a bond, with two sufficient sureties, who shall be residents of and own real estate in the county of New York, to the
amount of double the penalty of the bond, to the mayor, aldermen, and commonalty of the city of New York, in the penal
sum of one thousand dollars, jointly and severally, to answer the
said mayor, aldermen and commonalty of the city of New York,
and any parties that may complain, conditioned that such
marshal shall well and faithfully execute the duties of said office
of marshal without fraud, deceit, or oppression, such sureties to
justify in double the amount of such bond. The said bond shall
be delivered to the mayor of said city for approval, who shall
judge of and determine the competency of the sureties; and
should he approve of the same, he shall note his approval thereon,
and shall cause such bond to be filed in the office of the clerk of
the court of common pleas in and for the city and county of New
York, within ten days after the same shall have been approved
of by him, and he shall either approve of or reject such bond
within five days after the same shall have been presented to
him for that purpose.
SEc. 6. Any person who shall be aggrieved by any official stf mrshal.
misconduct on the part of any marshal, and who may desire to
prosecute his official bond, and who shall have first obtained
judgment against such marshal for official misconduct, may move
before a justice of the court of common pleas in and for the city
and county of New York, at the chambers thereof, after giving
such marshal and his sureties eight days previous notice of intention so to do, by personal service of said notice on them, stating
when such motion will be made, and of the papers to be used on
such motion, for leave to prosecute such official bond in his own
name, and such leave shall be granted upon it appearing satisfactorily to such court:
1st. That a judgment has been obtained in his favor against
such marshal for official misconduct, specifying the time when
and the court whereby such judgment was rendered, and the
amount thereof.
2d. That a transcript of such judgment has been filed in
the office of the clerk of the city and county of New York,




534             ACTS RELATING TO THE CITY OF NEW YORK.
specifying the time when such transcript was filed, and execution' issued, and that said sheriff has returned, said execution
wholly or partly unsatisfied, after having demanded payment
thereof of such marshal, and his neglect or refusal to pay the
same; and if any payments have been made on such execution,
specifying the amount thereof; but where such marshal shall
have died or removed from the county, a demand for the payment of the amount of such execution shall not be necessary.
3d. That such judgment is wholly or partly unpaid, specifying the amount uncollected or unpaid, and that the sureties
have been served with the notice and papers hereinbefore
mentioned.
Order to
prosecute    SEC. 7. Such justice may order such bond to be prosecuted
bond.   in any of the district courts in the city of New York or in
the marine court of the city of New York, and either of
said courts shall have jurisdictio   n n actions brought on such
bond, upon such leave being granted, and the said justice
upon said motion may award the aggrieved party his reasonable costs on such motion, not exceeding the sum of ten dollars, which shall be lu included in the judgment obtained upon
such bond.
Judbgmnt    SEC. S. Whenever any judgment shall be rendered against any
marshal or his sureties in the marine court of the city of
New York, or in any of the district courts of said city, a
transcript thereof shall be filed in the office of the clerk of
the court of common pleas in and for the city and county of
New York, and from the filing of such transcript such judgment
shall be deemed to be a judgment of such court, and shall be
enforced in the same manmer as other  judgments of said court.
And no execution on such judgment shall issue to any other
officer than the sheriff of the city and county of New York, and
all such executions must be made returnable to the clerk of
said court.
AMemoranda   SEC. 9. The clerk of said court shall make a memorandum
of judgment. on the official bond of every marshal, upon the filing of every
transcript of a judgment obtained against him and his sureties,
and of the time when and the court whereby such judgment
was rendered, and the amount thereof, and shall be entitled to
a fee of fifty cents therefor, which the court rendering j udgment
shall have power to include in such judgment, together with
whatever other disbursements are or may be necessarily incurred in said action, and the said bond shall be canceled to the
amount of such judgment.
Payment by  SEC. 10. Whenever any action shall be commenced against the
sureties of any marshal, and such sureties shall pay the amount




DISTRICT COURTS.                            535
for which such suit is brought, and the costs and disbursements
incurred therein, or any part thereof, the party or parties so
paying shall be entitled to have such sum  so paid, credited
upon such bond, upon presenting the certificate of the plaintiff
or his attorney in action, acknowledging such payments to
such clerk aforesaid, and upon such  clerk  endorsing such
payment on such bond, it shall be canceled to the amount
so paid.
SEC. 11. Whenever any complaint shall be made by any person Comlaints
against any marshal aforesaid, for official or disorderly miscon-marshals.
duct, or for fradulent practices in and about said courts, to any
of the justices of the court of common pleas aforesaid, or to
the mayor of the city of New York, and it shall satisfactorily
appear to such justice, or to said mayor, after hearing said
marshal in regard to such complaint, that such marshal is guilty
of the offense charged by such person against him, such marshal
may be suspended by such justice or mayor from performing
the duties of the office for such time as the said mayor or justice
shall direct; or such mayor or justice, in their discretion, may
remove such marshal, and forbid and prevent him from further Removal of
performing any duties as marshal aforesaid, and upon such
removal being made, some fit and proper person shall be elected
or appointed in his place.
SEC. 12. Whenever judgment shall be rendered against the  nwal^ Or
official bond of any marshal, sufficient to cancel the same, the
clerk of the court of common pleas aforesaid shall report to the
mayor of the city of New York that fact, and it shall be the
duty of the mayor of the city of New York to compel such marshal to renew his official bond, and should such marshal neglect
or refuse to renew such bond within ten days after being notifled so to do, he shall be removed by the mayor aforesaid, or
suspended from performing the duties of the office until such
time as he shall renew the same, and such bond shall be renewed
in the same manner as often as the same shall be canceled.
SEC. 13. Every marshal elected or appointed under the pro- rond.
visions of this act, shall, within thirty days after his appointment,
enter into a bond in the manner aforesaid, or he shall be deemed
to have waived his appointment or election as such marshal,
and some other suitable and proper person shall be appointed
in his place and stead to discharge the duties appertaining to
such office of marshal.
SEc. 14. Every summons, attachment or warrant issued by PrOesdstbe
any of said district courts must be served by a marshal of the marshals.
city of New York, except that the justice of the court wherein
the action is commenced, upon the application of the plaintiff
or his attorney in such action, may designate some competent
person to serve the summons and complaint in such action.




536              ACTS RELATING TO THE CITY OF NEW YORK.
Fees of    SEC. 15. The marshals aforesaid shall be entitled to the folmarshals.
lowing fees: For serving every summons or warrant on one
defendant, sixty-three cents; for every  additional defendant
served, thirty-seven cents; for going with the plaintiff or defendant to procure security, where security shall be ordered by the
court, one dollar; for taking the defendant into custody on a
warrant, execution or commitment, seventy-five cents; for serving e      atah nt  n  dll    fr s i   every achm, oe dollsubpoena,
twenty-five cents; for every juryman served, thirteen cents;
for drawing any bond, undertaking or other paper to be used in
any action, one dollar.
Oplinigde-  SEC. 16. Any justice of any of the district courts in the city
rict courts. of New York may, upon motion made before him, open and
set aside any default made in any action tried before or by him,
and may award such costs, not exceeding ten dollars, as a condition for opening such default against the party in default, as
in his discretion shall be just and proper.  He may, likewise, as
a condition of opening such default, order such party in default,
to give an undertaking with sufficient sureties, to the effect that
such defendant will not sell, assign or transfer any of his property
with intent to hinder, delay or defraud the plaintiff in the collection of his claim or demand, if he shall prevail on the trial of
such action, and that he or his sureties will pay the amount of
any judgment recovered against such defendant in such action.
Application   SEC. 17. Sections two hundred and six to two hundred and
of code.
seventeen inclusive, of the Code of Procedure, shall apply to the
marine court of the city of New York, and to the district courts
in the city of New York, except that, in actions commenced in
the district courts all papers or other processes in such actions
shall be served by one of the marshals of the city of New York,
and except that the marine court of the city of New York and
the district courts of the city of New York shall have jurisdiction where the value of the property claimed does not exceed
two hundred and fifty dollars.
Appointment  SEC. 18. All laws relating to the election of constables in the
city of New York are hereby repealed, and hereafter the marshals of the city of New York shall be appointed by the mayor
of the city of New York, by and with the advice and consent of
the board of supervisors of the county of New York, and such
marshals shall not exceed thirty; and such marshals so appointed
oerm of
officT.    shall hold their office for the term of three years.
SEC. 19. The clerks of the district courts in the city of New
York shall hereafter be appointed by the board of supervisors of
the county of New York.
SEC. 20. Section thirteen, subdivision one, of an act to reduce
the several acts relating to the district courts into one act,




MARINE COURT.                                  537
passed April thirteenth, eighteen hundred and fifty-seven, shall
read as follows:
(To read asprinted in this volume.)
SEC. 21. Section twenty-three of the same act is hereby amended so as to read as follows:
(As printed in this volume.)
SEC. 22. Section four of the same act is hereby amended by
adding thereto the following subdivision:
(As printed in this volume.)
SEC. 23. No person who shall have a place of business in the
city of New York shall be deemed to be a non-resident under
the provisions of this act.
MARINE  COURT.
1813.- CHAPTER LXXXVI.
AN  ACT to reduce several laws relating particularly to the city of
New York into one act.-Passed April 9, 1813. (1)
MARINE COURT.
CV. And be itfurther enacted, That it shall and may be law- Jousties a
ful for the person administering the government of this state, for th city
for the time being, by and with the advice and consent of the ofwo
council of appointment, from time to time, to appoint and commission three proper and discreet persons, to be called and
known by the name of justices of the justices' court, in and
for the city and county of New York, which said justices shall
hold their offices during the pleasure of the said council, and
that the said commissions shall issue, once at least, in every
three years: Provided, always, That the several persons now
holding the said offices shall continue to hold the same until
others shall be appointed and commissioned in their stead. (2)
CVI. And be it further enacted, That the said three justices, Wlher to be
or any two of them, shall have power and authority, and they This section
are hereby authorized and required to hold a court at the city See ch. 249,
Laws 1817.
(1) The following sections of this act, being those organizing the court, are
printed as they stand in the original, although many of their provisions are obsolete.
(2) Altered to Marine Court, chap. 71, Laws of 1819.




538              ACTS RELATING TO THE CITY OF NEW  YORK.
hall of the city of New  York, and, in case of sickness, or epidemic disease, or any other casualty, at such other place in the
said city as the mayor, aldermen, and commonalty of the said
city, in common council convened, may direct; which said
court shall be called and known by the name of the justices'
Juris:iction. court of the city of New York; and shall have jurisdiction to
hear, try, and determine all actions of debt, detinue, account,
covenant, trespass on the case, and trespass including trespass
on any land or other real estate, wherein  the sum or balance
due, or thing demanded, shall exceed twenty-five dollars, and
not exceed fifty dollars: And also, all actions and informations
upon any statute of this state, and upon the charter, or any
by-law  of the corporation of the said city, where the penalty
or forfeiture shall exceed twenty five dollars, and not exceed fifty
dollars, as aforesaid: And also, all actions to be brought by any
seaman or mariner, or other person, belonging to any ship or
vessel in any merchant service, against the owner or owners,
master or commander of any such ship or vessel, for or by
reason of the non-performance, or breach of any agreement or
contract, made by such seaman or mariner, or other person,
with the said owner or owners, master or commander, for services, or compensation for services, on board of any ship or vessel,
during any voyage, performed, or in part performed, by such ship
or vessel, notwithstanding such wages, compensation, or damages, shall exceed fifty dollars; and the said court shall also have
cognizance and power to hear, try, and determine all actions, to
be brought by any owner or owners, master, or commander of
any ship or vessel, in any merchant service, against any seaman
or mariner, or other person, belonging to such ship or vessel,
for or by reason of the non-performance of any agreement or
contract, made by such seaman or mariner, or other person,
with such owner or owners, master or commander of any such
ship or vessel, for services to be performed by him, as a seaman
or mariner, or otherwise, on board such ship or vessel, for any
voyage performed, wholly or in part, or intended to be performed, notwithstanding the damages sustained, or sum  of
money demanded, by reason of the non-performance of such
agreement or contract, shall exceed fifty dollars: And also, all
actions for assault and battery, or false imprisonment, done or
committed by any master or commander, of any ship or vessel,
in any merchant service, upon any officer, seaman, or mariner,
or other person on board of, or belonging to, such ship or vessel, on the high seas, or in any foreign port or place, where such
ship or vessel may then be, of which the ordinary courts of law
of this state now have cognizance; and all actions for assault
and battery, or false imprisonment, done or committed by any
officer, of any such ship or vessel, upon any seaman or mariner,
or other person on board of, or belonging to such ship or vessel, or by any seaman or mariner, or other person on board of,
or belonging to such ship or vessel, upon the master, com



MARINE COURT.                                 539
mander, or other officers thereof, or by one seaman or mariner,
or other person on board of, or belonging to such ship or vessel,
upon another seaman or mariner, or other persons, on board of,
or belonging to such ship or vessel, upon the high seas, or in
any foreign port or place where such ship or vessel may then
be, of which the ordinary courts of law of this state now have
cognlizance, notwithstanding the damages sustained or demanded
by reason thereof shall exceed fifty dollars; and for the purpose
of hearing, trying, and determining all such actions as are
hereby made cognizable before the same court, such court is
hereby vested with all such power and authority, as is vested in
other courts of record in this state, and is hereby made and constituted a court of record: Provided, always, That nothing herein
contained shall be construed to give the said court power to
proceed in any of the matters aforesaid, as a court of admiralty,
or maritime jurisdiction: nor shall the authority of the saidc ih jfti
court extend to any debt or demand, for any money or thing, ces,  cort
won at or by means of any kind of gaming, play or wager, hlvo jur-s.
diction.
although the same shall not exceed the sum  or value of filty
dollars; nor to any action wherein the people of this state shall
be concerned, or where the title of any lands shall in any wise
come in question, except actions of trespass on land, or other
real estate; or to any action of assault and battery, or false
imprisonment, other than those committed on the high seas, or
in a foreign port, as hereinbefore particularly specified. (1)
CVII. [This section repealed by section 7, chapter 144, Laws
of IS4-9.]
CVIII. And be it further enacted, That the said court, so to be c.urts to b
holden before the said justices, shall be open every day at
seasonable hours, except Sunday, the Fourth  of July, the
twenty-fifth day of November,, the twenty-fifth day of December, and the first day of January, in every year.
CIX. And be it further enacted, That no judgment shall be ojutgm"ent
given, nor any rule or order made in any cause in the said court, y two justito be held befbre the said justices, nor any conviction had upon
any statute or law, unless two of the same justices, hereby
authorized to hold such court, shall be present; and if only one
of them  shall attend on any court day, he shall adjourn the
said court to the next court day; and if on any court day
neither of them shall attend, then the clerk of the same court
shall and may adjourn the court to the next court day: Provided, E.xcoPt juj,
nevertheless, That it shall and may be lawful for any one offession.
the said justices to receive the confession of the defendant
or defendants of the action of the plaintiff, and of the debt
and damages, or sum  of money due to the plaintiff, and to
(1) emaainder repealed. Chap. 182, Laws of 1S22, sec. 3.




540               ACTS RELATING TO THE CITY OF NEW  YORK.
give judgment and issue execution thereupon, in like manner as
In case of if any two of them were present: And farther, That in case of
sickness or
death of two the sickness or death of any two of the said justices, then and
of the justies, the sut- in that case the survivor shall have power to hold the court, to
tvry cum. hear, try and determine the causes in the same manner as if
two of the said justices were present.
Clerk to keef  CX. And be it further enacted, That the clerk of the said
th profced court shall cause to be entered or registered in proper books, to
court.    be kept for that purpose, a docket or register of all summnonses,
warrants, precepts, executions and process; which maybe issued
by the said court, and of the returns to all such summonses,
warrants, precepts, executions and process; and also proper
entries of all acts, orders, dismissions, decrees, judgments,
adjournments and proceedings of the said court; and also the
substance of the  plaintiff's  charge or demand, and of the
defendant's plea.
tPeredss, hg    CXI. And be it further enacted, That all applications for
edandsealed process for the recovery of any debt or demand, to be sued for
in the said court, to be holden by virtue of this act, before the
said justices, shall be made to the clerk of the said court, and
not otherwise; and that all process to be issued out of the said
court shall be tested in the name of the said justices, and be
signed by the clerk of the said court, with his name, and with
these words, "by the court," and sealed.with the seal of the
said court; and in all suits and actions against joint debtors, the
proceedings shall be in all respects the same, and have the same
gaint oint effect, as in and by the one hundredth section of this act is
debtors   enacted; and where any parties shall agree to enter an action in
the same court without process, the court shall proceed in the
same manner as if a summons or warrant had been issued.
First process
when  by   CXII. And be it further enacted, That the first process to be
summons or issued out of the said court, to be holden by the said justices,
shall be in the same manner as is directed in and by the eightyeighth and ninetieth sections of this act, in like cases; and
that the process and proceedings against joint debtors shall be
in all things in the same manner as is directed in and by the
one hundredth section of this act.
Form of    CXIII. And be it further enacted, That every summons to be
issued out of the said court, to be held before the said justices
by virtue of this act, shall be in form following:
" The People of the State of New  York, to the constables and
marshals of the city of New York, and to every of them greeting: We
command you to summon A. B., if he shall be found in the said
city, to be and appear before our court of the justices of the
peace, in and for the city of New York, at             on the




MARINE COURT.                                 541
day of           at          o'clock in the         noon of the
same day, to answer unto C. D., of a plea of (here insert the
nature or cause of action,' and sum  demanded), and have you
then there this precept.  Witness our said justices, at       the
day of            in the year of our Lord
"By the court, E. F., clerk."
Process, how
CXIV. And be it further enacted, That it shall and may be to be serve
lawful for any constable or marshal of the said city of New York
to execute process, which may be issued out of the said court, to
be holden by the said justices by virtue of this act, in any part
of the said city; and that no person shall be proceeded against No  smmons against
by summons, to be issued out of the said court, who shall not non-resireside within the said city.                                       dents.
CXV. And be it farther enacted, That whenever any plaintiff, Clerk to dor his attorney, shall apply for a warrant to be issued out of the oth on issu-:  y                                       ing warrant
said court, to be holden before the said justices, in cases where in certain
by this act an oath is necessary previous to the issuing of such cass'
warrant, the clerk of the said court is hereby authorized and
empowered to administer such oath.
CXVI. And be it further enacted, That the first process to be Processby
issued out of the said court to be holden before the said justices,
in all cases not otherwise provided for, may, if the plaintiff shall
so elect, be by warrant, and the warrant shall be in the following form: " The People (as in case of a summons): We com- arrant
mand you to take A. B., if he shall be found in the said city, and
bring him forthwith before our court (as in case of a summons)."
CXVII. And be it further enacted, That when any process Peroess t
shall be issued by virtue of this act, the constable or marshal by constable
to whom such process shall be directed and delivered shall proceed, agreeably to this act, to execute such process in his own
proper person, unless the assistant justices, or the court to be
holden before the said justices, as the case may be, shall, at the
request of the plaintiff, judge it expedient to depute some other Or puciat
proper person, other than the plaintiff, who will voluntarily undertake to execute the same, without fee or reward; and when any
person shall be so deputed, the deputation shall be indorsed on howUadO
the process, and if issued by an assistant justice, he shall sign his
name to such deputation, and if issued out of the court to be
holden by the said justices, the clerk of the court as such, shall
sign his name to the deputation, but no person shall be so deputed No deputato impannel or summon a jury, or to serve an execution.            process or
*                                   execution.
CXVIII. And be it further enacted, That when any defendant Defetn  n
shall be taken, on any warrant issued out of the said court to be warrant, to
give  bail
holden before the said justices, and the same court shall not bond for ap
then be sitting, it shall be the duty of the constable or marshal, court be,ot
sitting.




542               ACTS RELATING TO THE CITY OF NEW  YORK.
or other proper officer having such warrant, to take in his own
name, and in his official capacity, bail or security of some sufficient person or persons, to be bound by bond, conditioned for
the appearance of the defendant on the next court day, and if
the said defendant shall not appear in person in court, at the
time mentioned in the said bond, and if the plaintiff sllall
approve of the said bail or security, by accepting an assignment
of the said bond, then the constable or marshal shall and may
return the said warrant in the same manner as if the defendant
Proceedings had been brought in court in person, and the court shall and
thereupon.
may proceed in the cause in the same manner as if the defendant had appeared in person, and denied the plaintiff's charge by
plea; and the said bail or security shall be held to pay the debt
or damages, and both, which shall or may be adjudged against
the defendant, unless the said defendant shall enter the necessary security for the payment of the amount of the said j udgment in sixty days, or shall (in case he shall be liable to imprisonment) surrender himself or herself in execution within fortyeight hours from  the time of the entry of said judgment; but
On refusal to if the defendant, when taken by virtue of the aforesaid warrant,
give bail, de.
fendanttobe shall nelect or refuse to give bail or security for his or her
to jail until appearance as aforesaid, it shall be lawful for the constable or
dayt.   marshal, or other proper officer having such warrant, to take
such defendant to the jail of the city and county of New York,
and deliver him  or her to the keeper of the said jail, who is
hereby required to receive such defendant, and to keep him
or her in safe custody in the said jail until the next court day,
when the said constable or marshal, or other proper officer who
shall have served such warrant, or some other constable or marshal, who may be directed by the court, in writing, shall bring
such defendant before the said court: Provided, That it shall not
Not to be dl- be lawful for the said keeper to detain such defendant in custody
tained more )
than48h'rs. upon such warrant for a longer time than forty-eight hours:
Plaintiffmay Andjfirther, That in case the plaintiff shall accept an assignment
commence
suit on bail of the bail bond, to be taken by the constable or marshal, or other
bond.    officer, the plaintiff may, if necessary, commence a suit thereon
in his own name, as the assignee of the constable, marshal or
other officer, and, on obtaining judgment thereon, shall, under
the execution to be issued thereon, levy the amount of the debt or
damages and costs, for which judgment shall be given in the
original action, with costs in the suit on the bail bond, and no
Orsuethe  mnore; but if the plaintiff shall refuse to take an assignment of
marshal for such bail bond, he shall have his remedy against the constable,
an escap.  marshal or other officer, as in case of an escape, and in that
case such constable, marshal or other officer, may commence a
suit in his own name, and for his indemnity, on such bail bond.
if court can   CXIX. And be it further enacted, That when any defendant
not proceed
tottr'allerk shall be taken on any warrant issued out of the said court to be
to    holden before the  aid juticee security from do- holden before the said justices, and shall be brought into court,
fendant for.                                                              *




MARINE COURT.                              543
and the court, by reason of other business or other cause, should appeari:g
be unable immediately to try the cause, the constable or marshal day.
or other proper officer, having such warrant, shall take the
defendant before the clerk of the said court, who shall thereupon
take security for the defendant's appearance in court on the
next court day; and if the  said defendant shall neglect or fD^endi',t
refuse to give such security, he or she shall be committed to on neglect to
jail, and in that case it shall be the duty of the said clerk to g   ty
make an indorsement on such warrant to the following effect,
viz.: The defendant, having refused or neglected (as the case
may be) to give the security on the within warrant required by
law, is colmmitted to the jail of the city and county of New
York, and shall afterwards be brought into court, or discharged
in the same manner and form as is directed in the case provided
for in and by the preceding enacting clause of this act.
CXX. And be it farther enacted, That in all cases in which, Security
according to the provisions of this act, security shall be required, amine on
it shall be lawful for the justice or clerk, taking such security, oath'
if he shall deem it necessary, to examinethe person or persons
who may be offered as security on oath, as to his or their sufficiency to become such security.
CXXI. And be it furtther enacted, That it shall and may be Power of
lawful for any one of the said justices, at any time, when the court.
said court shall not be sitting, to administer the oath of danger
on any judgment which shall have been entered in the said court,
and grant execution, or make any other necessary order thereon,
and also to take the confession of the defendant in any suit or
action commenced by warrant issued out of the said court, and
enter judgment and grant execution thereon, in the same manner as if the same was done in open court, and the justice before
whom the said proceedings shall be had, shall enter, or cause to
be entered, in the proper book or books of the court, the substance of the said proceedings, together with a note or memorandum, purporting that the same were had out of court, also
the time when, and the name of the justice before whom the
same were had.
CXXII. And be it fitrther enacted, That upon the return of Cout whon
to proceed
any summons to the said court to be holden before the said jus- t trial and
tices, if such summons has been duly served by reading as afore-,ment.
said, or upon the appearance of the defendant, pursuant to any
summons served by a copy, as aforesaid, or upon the bringing
the defendant into court upon a warrant which shall have been
issued in consequence of his or her neglecting to appear in pursuance of any summons served by copy as aforesaid, or at such
other time as the said court shall deem meet and convenient,
not exceeding six days thereafter, the said court shall proceed to
hear and examine the proofs and allegations of the parties, and




544               ACTS RELATING TO THE CITY OF NEVW YORK.
shall, within four days thereafter, give their judgment thereon
in such manner as shall appear to the same court to be agreeable
to law and equity.
Defendant    CXXIII. And be it further enacted, That immediately upon
rity on ad- bringing the defendant into the said court before the said jusjournment, if
made with- tices, by virtue of a warrant other than a warrant issued in
out-plaintiff s
consent.  consequence of the neglect of the defendant to appear when
summoned, or a warrant issued in favor of a non-resident plaintiff, or at such other time as the same court shall appoint, not
exceeding six days, the court shall proceed to hear and examine
the proots and allegations of the parties, and give judgment as
aforesaid; but if, upon bringing the defendant as aforesaid, an
adjournment be made without the consent of the plaintiff, then
the defendant, if required by the plaintiff, shall give sufficient
security for his or her personal appearance on the day to which
such adjournment shall be made; and in default of such appearance, to pay the debt or damages, and costs, if judgment shall be
given against him or her, and in default in giving such security,
the court shall proceed to trial without an adjournment.
iFurther pro   CXXIV. And be it further enacted, That in all cases where a
adjourn-   warrant shall issue out of the said court, to be holden before the
monte.'    said justices, if the plaintiffor defendant shall require a longer
time than is first appointed by the court to try the said cause,
and will, if required, give sufficient security to appear and stand
trial on such other day as shall be appointed, and pay the debt,
damages and costs, in case judgment shall be given against him
or her, then the said court shall adjourn the said cause to any
time they may think proper and convenient, not exceeding
Proviso as tt welve days: Provided always, That where a warrant shall issue
non-resident 
plaintiff. in favor of a non-resident, and who shall have given security as
hereinbefore mentioned, the said court shall not adjourn the
cause for more than four days, unless the parties agree to allow
a longer time.
Defendants   CXXV. And be it further enacted, That in  all suits to be
to  set  off
their de- brought in the said court, before the said justices, the defendant
mands, if
ay.  or defendants, if he or they have any account or demand against
the plaintiff in such action, shall and may plead and set off the
same against the debt or demand of the plaintiff; and if the
defendant or defendants in such suit or action shall refuse or
neglect to plead and give in evidence his, her, or their account
Neglecting or demand, if any he, she or they have against such plaintiff or
o to a, toplaintiffs, then the defendant or defendants, so neglecting or
action ther- refusing to plead and give in evidence his, her or their accounts
or demands aforesaid, shall forever thereafter be barred and
precluded from  having or maintaining any action or actions
against such plaintiff or plaintiffs, for the recovery of such
account or demand, or any part thereof: Provided always, That




MARINE COURT.                                 545
where the balance due to the defendant or defendants exceeds Unles balthe sum of fifty dollars, that in every such case the defendant or arft dollars.
defendants shall not be barred or precluded from recovering his
account or demand against such plaintiff or plaintiffs, in any
other court of record having cognizance thereof:
CXXVI, And be it further enacted, That when, in any action of Prcteoingor
trespass upon land, or other real estate, which may be brought thepe.
in the said court, before the said justices, any defendant or de- endant jus
fendants shall justify on a plea of title, the like proceedings in of title.
all things shall be had therein, in the same court, as are directed
to be had in suits of that nature, before assistant justices, in
and by the ninety-fourth section of this act, except that the
recognizance to be entered into by the defendant or defendants
shall be in the sum of one hundred dollars.
CXXVII. And be it further enacted, That if, in any suit to be ajt, ow.
brought in the said court, before the said justices, the defendant d  for want
shall make oath, that he or she cannot, for want of some mate- itness.
rial evidence or witness, safely proceed to trial, the court shall,
in such case, postpone the trial for such reasonable time as will
enable the defendant to procure such evidence or witness: Pro- eed tohree
vided, such time shall not exceed three calendar months, unless meos tn
unless less demand
the debt, damages or demands shall exceed the sum  of fifty is more than
dollars: Andprovided also, That such defendant or defendants,
before he, she or they shall be entitled to have the trial postponed as aforesaid, shall give security to the said court to appear Se guivet
and answer the said action, and to pay the debt, or damages and thereon.
costs, in case judgment thereon shall be given against him, her
or them: And provided also, That in any suit -or action to be deand to
brought in the said court, if either the plaintiff or defendant b exhibited
by party
shall request an adjournment, he or she shall not be entitled asking  adthereto, unless the party requesting such adjournment, after            t
having seen the account or demand of the adverse party, shall, if
required, exhibit his or her account or demand, or state the nature
thereof, as far forth as may be in his or her power, to the satisfaction of the court, anything herein contained to the contrary
thereof notwithstanding.
CXXVIII. And be it further enacted, That where the defendant ing warrant
in any action to be brought in the said court, before the said jus- tn haol id.
tices, shall be brought into the same court by virtue of a warrant, custody ha:
such defendant shall be considered and held to be in custody ofthe ed by court.
officer who made the arrest, and shall be held on the said warrant
until discharged by the court; and if such defendant so brought
into court shall be required to give security, according to the
provisions of this act, the same court shall allow him such time as
the court shall deem reasonable to procure the same, and the offi-Ofcer to accompany de.
cer in whose custody such defendant shall be shall go with him fendant to,, y~~,.  -.  -. ~~~~obtain secuor her, to enable him or her to obtain such security.             rity.
35




546              ACTS RELATING TO THE CITY OF NEW YORK.
[Sections 129 & 130-Repealed by sec. 2, chap. 182, Laws
1822.]
ueses' aid  CXXXI. And be itfurther enacted, That the said court to be
constables' holden before the said justices shall administer to each of the
jurors, witnesses and constables respectively, the same oaths
respectively, as are in like cases directed in and by the ninetyfifth section of this act, and the same courts shall, in all things,
proceed as in and by the ninety-fifth section of this act directed
in every particular.
Penalty on    CXXXII. And be itfurt/er enacted, That every person sumjurors  for
non-attend- moned and drawn as a juror, in any action which shall or may
c   l be brought in the said court, to be holden before the said
justices, who shall not appear, or, appearing, shall refuse to serve
in any such action, shall forfeit and pay for every such default
or refusal, unless some reasonable cause be proved on oath to
the satisfaction of the court, such fine or fines, not exceeding ten
On witnese dollars, as the said court shall think reasonable to impose; and
that every person who shall be subpoenaed as a witness in any
such action, and who shallnot appear, or, appearing, shall
refuse to give evidence in such action, shall forfeit and pay for
every such default or refusal, unless some reasonable cause shall
appear as aforesaid, such fine or fines, not exceeding fifty dollars,
as the same court shall think reasonable to impose, and the
oew recov- same court is hereby authorized and required to issue a warered.
rant to any proper officer of the same court, commanding him to
levy the same of the goods and chattels of the offender, and, for
the want thereof, to take and convey him  or her to the jail or
debtors' prison of the said city and county of New York, there
to remain until he or she pay such fine, together with the costs
attending the same; and the keeper of such jail or prison is
hereby commanded to keep such offender in safe custody in such
jail or prison, until such fine, together with the costs, shall be
paid: Provided always, That no such fine or fines shall be imposed, unless oath shall first have been made before the court,
by some credible person, that such juror or witness so in default
hath been lawfully summoned or subpoenaed, as the case may
priated.'P  be; all and every of which said fines shall be paid into the same
court, and by the same court paid to the chamberlain of the said
city, for the use of the poor thereof.
Judgent     XXXIII. And be it further enacted, Thatiftheplaintiff,in
plrtiaff  any action brought in the said court before the said justices,
shall be non-suited, or discontinue his, her or their action, without the consent of the defendant, then judgment shall be given
against such plaintiff for the costs accrued, and execution may
thereupon issue for the same immediately, or if he or she shall
appear to be indebted to the defendant, then judgment shall be
given against him or her, for the debt, or damages and costs, as
the case may require.




MARINE COURT.                               547
CXXXIV. And be it further enacted, That if in any action or recovering
suit, which shall or may be brought by virtue of this act, in $2  ex theat
the said court, to be holden before the said justices (except in in  marine
suits or action made cognizable in the same court, inand by not as vo
the one hundred and sixth section of this act, between, by and'cost
against any seaman or seamen, mariner or mariners, owner or
owners, master or masters, commander or commanders, officer
or officers, or any other person or persons belonging to any ship
or vessel, in any merchant service), the plaintiff or plaintiffs, in
any such suit or action, shall recover against the defendant or
defendants in such suit or action any sum  not exceeding [fifty,
act of 1852, chap. 389] dollars, such plaintiff or plaintiffs shall
not, in such suit or action, recover any costs against such
defendant or defendants, but such defendant or defendants shall But osts
recover costs against such plaintiff or plaintiffs in such suit or awarded to
action and for which judgment shall be forthwith given by the defendant
said court, and execution may thereupon issue for the same, or Proceedings
the defendant or defendants may set off the amount of such costs 
against the amount or sum for which judgment shall be given
for the plaintiff or plaintiffs, and pay the balance, if any there
be, into court; or the said court may order and direct that the
sum so adjudged to the defendant or defendants, for costs as aforesaid, shall be set off against the sum  for which judgment shall
be given for the  plaintiff or plaintiffs, and execution  shall
issue for the balance only, if any there be; and in case the sum
so adjudged to the defendant or defendants, for costs as aforesaid,
shall exceed the sum for which judgment shall be given for the
plaintiff or plaintiffs, then the sum  for which judgment shall be
so given for the plaintiff or plaintiffs shall be set off against the
sum  so adjudged to the defendant or defendants, for costs as
aforesaid, and execution shall issue for no more than the balance
of such costs; and in all cases (except in such as in this section
is before excepted) in which judgment shall be given for any
sum not exceeding twenty-five dollars, the like execution shall
issue, and the like proceedings be had thereupon, as in and by
this act is directed to be issued and proceeded upon on judgments to be given in the several courts to be held by the several
assistant justices, to be appointed by virtue of this act, in actions
hereby made cognizable before the said assistant justices respectively.
CXXXV. And be it further enacted, That in all cases where Plaintiff re
the amount of any judgment, which shall be rendered by the yond  $25,
said court to be held before the said justices, shall exceed executiona
twenty-five dollars (except where such excess has been created fegndnt^'s
by costs of suit, or interest upon a judgment before rendered), -bod  an4
exclusive of costs, the party obtaining such judgment may, at
his, her, or their election, have an execution either against
the body or goods and chattels of the person or persons against
whom such judgment is rendered; and the constable or marshal




548               ACTS RELATING TO THE CITY OF NEW  YORK.
agxecti  shall proceed according to the tenor of the said execution, and if
goods, how the same is against the goods and chattels of the person or perproceeded
upon.    sons against whom  the same execution shall be granted, the
said constable or marshal shall, in all things, proceed thereon,
as is directed in and by the ninety-ninth section of this act,
and shall be alike liable for any neglect as in and by the
Against the said ninety-ninth section is enacted; and if the execution is
be oeecuted. against the body or bodies of the person or persons against whom
the same shall be granted, the constable or marshal shall take
the body or bodies of the person or persons against whom the
same execution shall be granted, and bring him, her, or them
before the same court out of which the same execution issued;
and if the money mentioned in such execution is not then and
there paid into the said court, nor security satisfactory to the
court given to pay the same at the end of sixty days from the
rendition of the said judgment, and the said sixty days shall not
have expired before the said person or persons shall be so brought
in as aforesaid, then the same court shall cause an entry to be
made in the minutes of the same court, purporting that such
person or persons shall be committed to the jail or debtors'
prison of:the said city and county of New York, in execution of
the debt, damages and costs, or damages and costs, mentioned
in such execution and judgment, and cause a precept or mittimus
to be issued for conveying such person or persons to the said
jail, which precept or mittimus shall be delivered to one of the
constables or marshals of the said city, who shall thereupon
convey such person or persons to the said jail, and there deliver
him, her, or them, together with the precept, to the keeper of
the said jail, who shall thereupon receive and safely keep such
person or persons in the said jail, until he, she, or they shall be
thence delivered by due course of law.
tiotcutobe    CXXXVI. (1) And be it further enacted, That in  all cases
isued inacer where the amount of the judgment which shall be rendered by
under sixty the said court, to be held before the said justices, shall exceed
days.    the sum of twenty-five dollars, exclusive of costs, and not exceed
the sumof fifty dollars, exclusive of costs, and the person or persons
against whom  such judgment shall be given as aforesaid shall
give sufficient security, to the satisfaction of the court, for the
payment of the amount of such judgment at the end of sixty
days after the rendition of the said judgment, that then no execution shall issue thereupon, until the end and expiration of the
said sixty days.
Execution   PXVITIT   A    b i
not to issu  XXXVII. And be it further enacted, That no execution of
against fre- any judgment to be given by virtue of this act by the said
holders and                  y.
inhabitants court, so to be holden before the said justices, for any sum exhaving families,   under   -             -
ixty days. (1) This and the following section extended to assistant justice's court by act, sess. 43,
chap. 160, sec. 2, excepting that part of following section relating to marine causes.




MARINE COURT.                               549
ceeding twenty-five dollars, exclusive of costs, and not exceeding fifty dollars, exclusive of costs, shall issue against any freeholder or inhabitant, having a family, in less than sixty days        prt
after giving the said judgment, unless the party in whose favor entitled to
the judgment shall be given shall make it appear, on his or her xti~ger
own oath, or the oath of some other person or persons, to theof osing his
debt.
satisfaction of the court, that such person or persons, in whose
favor the judgment shall or may be given, will be in danger of
losing his, her or their debt, if such delay should be allowed;
in which case, if the person or persons against whom the oath Proceedings
shall be taken shall not be present in court at the time of taking
the oath as aforesaid, the court shall order some proper officer
to notify such person or persons, that the said oath has been
taken as aforesaid, and direct him, her or them to enter, at any
time the said court may appoint (not exceeding twenty-four
hours), security to pay the debt, damages and costs, before or at
the expiration of sixty days after the rendition of the said judgment; and in case the person or persons against whom judgment shall be entered shall refuse or neglect to enter security
as aforesaid, then the said- court shall issue execution immediately: Provided, nevertheless, That if it should appear to the
satisfaction of the court, upon oath as aforesaid, that there would
be danger as aforesaid if any delay should be allowed, or if the
person or persons against whom judgment shall have been given
as aforesaid should have notice as aforesaid of the said oath
having been taken, that then the said court may issue execution
without giving said notice: Provided, also, That execution may Cxsowherc
be forthwith issued whenever judgment shall be given for any may  issue.,,.  1.1    111^  ^      immediately
sum, in any action which shall be brought in the said court, to
be holden before the said justices, by any seaman or mariner, or
other person belonging to any ship or vessel in any merchant
service, against the owner or owners, master or commander of
any such ship or vessel, for or by reason of the non-performance
or breach of any agreement or contract made by such seaman
or mariner, or other person, with the said owner or owners,
master or commander, for services or compensation for services
on board any such ship or vessel, or for wages, or compensation
for services on board any such ship or vessel during any voyage
performed, or in part performed by such ship or vessel, while
such seaman, mariner or other person was on board- such ship or
vessel: And- also, Whenever judgment shall be entered as aforesaid, in any action which shall be brought as aforesaid, by any
owner or owners, master-or commander of any ship or vessel in
any merchant service, against any seaman or mariner, or other
person,: for or by reason of the non-performance of any agreement or contract made by such seaman or mariner, or other
person, with'such -owner or owners, master or commander, of
any such ship or vessel, for services to be performed by him as
a seaman or mariner, or otherwise, on board such ship or vessel,
for any voyage performed wholly or in part, or intended to be




550              ACTS RELATING TO THE CITY OF NEW YOR'.
performed; And also, Whenever judgment shall be entered as
aforesaid, in any action brought in the said court, to be holden
before the said justices, for assault, battery or false imprisonment, done or committed by any master or commander of any
ship or vessel in the merchant service, upon any officer, seaman
or mariner, or other person on board of or belonging to such
ship or vessel, upon the high seas, or in any foreign port or place
where such ship or vessel may then be, or in any action oi
assault and battery or false imprisonment, done or committed
by any officer of any ship or vessel in any merchant service,
upon any seaman or mariner, or other person on board of, or
belonging to such ship or vessel, or by any seaman or mariner,
or other person on board of, or belonging to such ship or vessel,
upon the master or commander or other officers thereof, or by
one seaman or mariner or other person on board of, or belonging
to such ship or vessel, upon another seaman or mariner, or other
person on board of, or belonging to such ship or vessel, upon the
high seas,' or in any foreign port or place where such ship or
vessel may then be; and that in any of.the said cases mentioned
in this proviso, the person against whom  any such execution
shall issue shall not be entitled to any delay, by giving security
as hereinbefore mentioned, anything contained in this act to the
contrary thereof notwithstanding.
Ruegsters of  CXXXVIII. And be it further enacted, That the registers and
court legal books of entries for the said court, so to be holden before the
evidence.
Justice's said justices, or copies thereof proved, shall be deemed legal
court declared court of evidence of the acts and proceedings of the same court, and that
record.   the same court shall be deemed, taken, and held to be a court
of record.
Justes'  a   CXXXIX. And be it further enacted, That the justices to be
powers as
conservators appointed by virtue of this act, and to be called and known by
o  the name of the justices of the justice's court, in and for the
city and county of New York, shall jointly and severally have,
exercise arnd enjoy all the powers and privileges of justices of the
peace, as to keeping of the peace in the said city and county
(except the right and power of holding courts of sessions of the
peace, of' sitting as judges in any court of sessions of the peace,
to be held in and for the city and county of New York, by the
mayor, recorder and aldermen of the said city, or any three or
more of them, of whom the mayor or recorder always to be one);
and each of the said justices shall have the like power to commit offenders, and to take recognizance for their appearance, and
for their keeping the peace, and for their good behavior, and to
take recognizance for the appearance of witnesses against offenders, as any other justice of the peace, in any other county of this
state, hath by law; and all recognizances taken by the said
justices, any or either of them, for the appearance of any person
in any court, shall, together with the examinations and evidence




MARINE COURT.                               551
taken before such justice or justices, be delivered by him or them
to the court in which the person for whose appearance such
recognizance is taken is to appear: And further, That each ofJ taces mIda
the said justices of the justice's court shall have power to take t to b 
affidavits and depositions, to be read and used in the supreme premecourt.
court of judicature of this state, according to the rules and
practice of the said court, which affidavits shall have the same
force and effect as if taken before any judge of the said court,
or any commissioner empowered by law to take such affidavit,
and shall be entitled to such fees therefor as are allowed by law.
[Section 140, so far as it does not relate to fees of constables
and jailers, repealed by last clause of sec. 11, chap. 144, Laws
of 1S49.]
FEES ALLOWED TO TIE CONSTABLES.
[Repealed by sec. 3, chap. 313, Laws of 1833, as relates to
constables' fees.]
JURORS' FEES.
For every cause tried, each, twelve and an half cents.       Jurors fees.
FEES TO WITNESSES, AND CHARGES FOR SUMMONING THEM.
Witnesses'
For each witness attending and sworn, twelve and an halffees.
cents.
For serving a subpoena on each witness, twelve and an half
cents.
FEES TO JAILER.
For receiving a person committed on a warrant, mittimus, comn- Jailer's fees.
mitment or execution, fifty cents, and no more, under the
pretense or by virtue of any other law of this state.
CXLI. And be it firthcr enacted, That the whole amount of Delt  tan
the money to be levied or paid upon any execution, to be issued poundage to
by virtue of this act, exclusive of poundage, shall be mentioned onexecution.
therein, including the costs of suit; and the assistant justice
issuing the same, or the clerk of the justice's court, as the case
may be, shall indorse on every execution the amount of the
debt or damages and costs, and also the amount of poundage
separately and distinctly, which are to be levied or paid thereon,
and sign his name to the said indorsement; and the constable or
marshal to whom  such execution shall be delivered shall not
demand the fees for servin g the same until it shall be served,
nor shall the poundage be paid or retained only in proportion to
the sum received on such execution.
CXLII. And be it further enacted, That in case any constable Consthblo o
or marshal shall be prosecuted for any money collected by him   tcasesto
in his official capacity, and retained by him, or shall be guilty offrom serving
process.




552               ACTS RELATING TO THE CITY OF NEW  YORK.
any disorderly or improper conduct in or towards either of the
said courts, to be held by virtue of this act, then and in such
case it shall be lawfill far the said court, in its discretion, to
prohibit such constable or marshal to serve or execute any process or execution thereafter to be issued out of such court in
any civil cause whatsoever.
tow to b   CXLIII. And be it further enacted, That no judgment, order or
obtained.  proceeding whatsoever, to be had or made by virtue of this act,
shall be removed by habeas corpus, or writ of error, or false judgment, nor shall any certiorari be allowed to remove any judgment,
order or proceeding whatsoever, to be had by virtue of this act,
unless the party applying for such certiorari shall, within thirty
days after such judgment given, make satisfactory affidavit that
there is reasonable cause for granting such certiorari, to remove
such judgment, order or proceeding, either for error therein or
for some unfair practice in the assistant justice or justices'
court, before whom the said cause shall have been tried, which
shall be particularly specified in such affidavit; which affidavit
may be made before one of the justices of the supreme court,
or the mayor or recorder of the city of New York, or before one
of the commissioners for taking affidavits, to be read in the said
supreme court, which affidavit shall be left with the judge or
recorder who may allow such certiorari; and every person who
shall bring such certiorari shall, at the time he serves the same,
deliver to the assistant justice, or court who gave the judgment,
a copy of the affidavit upon which the certiorari was obtained;
and it shall be the duty of the assistant justice, or court making
return to the said certiorari, to return specially as to the facts
set forth in the affidavit, and annex the copy of the affidavit
upon which the certiorari was obtained to the return; and if
any certiorari or other writ shall be granted or issued, otherwise
than as above mentioned, the same shall be void and of no effect:
Not to stay Andfurther, That no execution, upon any judgment to be given
execution, if
ecurity to by virtue of this act, shall be prevented or stayed by any certioefund  be rari or other writ, in case the party in whose favor such judggiven.
ment shall be given shall give such security as may be satisfactory to the court, to restore the debt or damages for which such
judgment shall be obtained, with the interest and costs, in case
osti on af- such judgment should be reversed; and if any judgment, to be
firmation or
reversal of given by virtue of this act, shall be removed into the supreme
who to be court by certiorari, and be there confirmed, then the party propaid.    secuting such certiorari shall pay to the adverse party all costs
of defending such suit in the supreme court, to be taxed; and
the party entitled to such costs shall and may have execution
for the same out of the said supreme court, against the body or
goods and chattels of the party who ought to pay the same;
but if such judgment shall be reversed, then the party procuring
such certiorari shall recover his or her costs in like manner;
Supreme   Provided, always, That in all judgments removed by certiorari
court to give'




IMARINE COURT.                                553
as aforesaid, the supreme court shall proceed and give judg-ju.dgment ament according as the very right of the case shall appear, with- right, with.
out regarding any imperfection, omission or defect in the pro- form.
ce-edings in the court below in mere matter of form, and that so
much of the said act, entitled "An act concerning amendments
and jeofails," as may be applicable, shall be deemed at all times
to apply as fully to judgments and proceedings under this act,
as to judgments and proceedings in any other court of record in
this state.
CXLIV. And be it firther enacted, That all attorneys and Attomysto
other officers of any court, except during the sitting thereof,'it'as other
nay be proceeded against under this act in like manner as
other persons, any law, usage or custom  to the contrary notwithstanding.
Plaintiff
CXLV. And be it further enacted, That if any person or per- prosecuting
sons shall prosecute any action in the supreme court of this caues  In
state, or in the mayor's court in the city of New York, and it suprem  or
shall appear to the court wherein such action shall be prose-court, to pa
costs in cer.
cuted, at the trial thereof, that the same is within the provisions tai cases.
of this act, as respects suits by and between seamen, mariners
and others, belonging to any ship or vessel in any merchant service, the plaintiff or plaintiffs shall not be entitled to recover
costs, but shall pay costs to the defendant or defendants, in
such case to be taxed: Provided, nevertheless, That if any suit or Proviso.
action, which is. so within the provision of this act, shall be prosecuted in the supreme or mayor's court, for any sum  above
fifty dollars, if the plaintiff shall recover in the said mayor's
court more than fifty dollars, or in the said supreme court
more than one hundred dollars, he shall not be barred of his
right to recover costs.
CXLVI. And be it further enacted, That the mayor, recorder Maor, tecorder and
and aldermen of the city of New York, for the time being, or aldermen to
hold sessions
any three or more of them,- of whom  the mayor or recorder to andhavetho
be one, shall hold the courts of sessions of the peace, in and for tiJce of tuhe
the city and county of New York, and each of them, the said peace.
mayor, recorder and aldermen, shall hereafter have the power
of justices of the peace, in and for the city and county of New
York, as fully, and in the same manner as if this act had not
been made.
CXLVII. And be it further enacted, That every clerk to lbe lerk ofJur,
appointed by virtue of this act shall, before he shall be permit- give bond.
ted to enter upon the official duties of his office, enter into bond
with one or more sufficient surety  or sureties, to the mayor,
aldermen and commonalty of the city of New -York, in the penal
sum of two thousand five hundred dollars, jointly and severally,
to answer the said mayor, aldermen and commonalty, and the Condito
^'          ~~~~~~~~~~~~~~~thereof.




554               ACTS RELATING TO THE CITY OF NEW  YORK.
parties, if any shall complain, and conditioned that such clerk
shall well and faithfully execute the said office of clerk, without
constablo  fraud, deceit or oppression; and every person who is now
togivebond. elected, or appointed to the office of constable or marshal in the
said city, and every person who shall hereafter be elected or
appointed to the office of constable or marshal, in the said city,
shall, before he shall be permitted to execute the said office,
enter into bond with one or more sufficient surety or sureties, to
the said mayor, aldermen and commonalty, in the penal sum
of five hundred dollars, jointly and severally, to answer to
the said mayor, aldermen and commonalty, and the parties, it
ondiin  any shall complain, and conditioned that such constable or marshal shall well and faithfully, in all things, perform and execute the
duties of the said office of constable or marshal without fraud,
deceit or oppression; all which said bonds shall be delivered to
the said mayor of the said city, who shall judge of and deterbe approved mine the competency of the sureties, and shall file the said bonds
Bayor. in the office of the clerk of the said city and county: And in
hereiled. case of any recovery by any person aggrieved, against either
such clerk, constable or marshal, for any default or misconduct
in office, it shall be lawful for the presiding judge or judges of
the mayor's court of the said city, upon motion in open court,
sed,  a and tupon showing that such recovery hath been had, and that
proceedings the said judgment is at the time of making the said motion
unsatisfied, to order the bond so given by such clerk, constable or marshal, to be put in suit against such clerk, constable or marshal, or his surety or sureties, or all, or any, or
either of them, and when judgment shall be obtained on such
bond, the said mayor's  court shall, upon motion in open
court, direct so  much  money  to  be  levied  thereon  as
shall be sufficient to pay the party the debt or damages so
recovered, with costs, and to be paid to such party aggrieved;
but if such clerk, constable or marshal, or his surety or sureties,
or either of them, shall pay the debt or damages so recovered,
with costs, then such suit on such bond shall be stayed, and be
Suits, when no further prosecuted: Anld Jitrther, That if, after judgment
Further   obtained upon such bond, any other party aggrieved, and who
sums, how'Z )
levMied ho shall have recovered any debt or damages against such clerk,
such bonds, constable or marshal, for any default or misconduct in his office,
shall apply as aforesaid, to the said mayor's court for relief, the
said court shall direct such further sum  to be levied on the
judgment on such bond, as shall be sufficient to pay the debt
or damages so recovered, with costs, and to be paid to such
party aggrieved, and so as often as any recovery shall be had
against such clerk, constable or marshal, for any misconduct or
default in office: Provided, That the surety or sureties in such
bond shall not be charged beyond the amount of the sums
respectively in which they shall be bound in each bond: And
provided, It two or more such recoveries shall be had against
such clerk, constable or marshal, at the same time, amounting




MARINE COURT.                              555
together to more than the whole amount of the sum contained
in such bond, then the said court shall order the moneys to be
levied thereupon to be distributed to the parties respectively,
in proportion to the respective amount of their respectiveostabl
recoveries: And further, If any constable or marshal now elected marshal not
or appointed, or hereafter elected or appointed, shall neglect to  ocexctbeenter into bond as aforesaid, such constable or marshal shall not fIor giving
be permitted to execute any process which shall issue out of
either of the courts created and established in and by this act,
in any civil case whatsoever, until he shall enter into bond as
aforesaid.
CXLVIII. And be it further enacted, That the said justice's Furdthe jrisdiction of
court shall have cognizance of suits on surety bonds taken in ustice's
the said court, and that all bonds which may hereafter be taken cour
upon the adjournment of any cause shall be considered good
and valid against the obligor or obligors, although subsequent bod  deadjournments are had after the execution of such bond orcare" valid
obligation.
CXLIX. And be it further enacted, That in every suit to be Suait for pebrought before the said justices, or assistant justices, for any commenced;
and execupenalty contained in this act, or in the charter of the city of tion, how to
New York, or in any law or ordinance of the common council iue.
of the said city, a warrant (if required) shall issue in the first
instance, and as soon as judgment shall be obtaind for such
penalty, execution shall issue for the same with costs of suit,
without any respite or delay; which execution shall be against
the goods and chattels of the defendant or defendants; and, for
want of such goods and chattels, against his, her or their body
or bodies, and shall be contained in one and the same precept.
1817.  CHAPTER  CCXLIX.
AN ACT to amend an act, entitled " An act to reduce several Laws
relating particularly to the city of New York into one act."-Passed
April 15, 1817.
Be it enacted by the People of the State of New York, represented in
Senate and Assembly, That the justice's [marine] court of the
city of New York shall have jurisdiction to hear, try and determine all actions of debt, detinue, account, covenant, trespass on
the case, and trespass, including trespass on any land or other
real estate, wherein the sum or balance due or thing demanded
shall exceed twenty-five dollars, and not exceed one hundred
dollars: And, also, all actions and informations upon any statute
of this state, and upon the charter or any by-law of the corporation of the  said city, where the penalty or forfeiture shall




i56               ACTS RELATING TO THE CITY OF NEW  YORK.
exceed twenty-five dollars, and not exceed one hundred dollars; anything in the one hundredth and sixth section of the act
hereby amended to the contrary notwithstanding: Provided,
nevertheless, That nothing herein contained shall be construed to
repeal or abolish any of the restrictions or limitations of the
jurisdiction of the said justice's [marine] court, prescribed by
the proviso of the said one hundredth and sixth section of the act
hereby amended.
18s19.-CHAPTER LXXI.
ANACT to amend an act, entitled " An act to reduce several laws
relating particularly to the city of New York into one act," so far as
relates to the Justice's Court. in the said city.-Passed March 26,
1819.
I. Be it enacted by the People of the State of' Ncw  York, recresented in Senate and Assembly, That the justice's court in the
city of New York, having marinejurisdiction, shall be called and
known by the name of the marine court of the city of New
York; and the justices of the said court shall be called and
known by the name of the justices of the marine court of the
city of New York: Provided, always, That the several persons
now holding the said offices shall continue to hold the same
until others shall be appointed and commissioned in their stead.
1822. —CHAPTER  CLXXXII.
AN ACTfurther to amend an act, entitled " An act to reduce several
laws relating particularly to the city of New York into one act," as
far as relates to the Marine Court of the city of New York.Passed April 12, 1822.
When tria    I. Be it enacted by the People of the State of New  York, reprebedemaded sented in Senate and Assembly, That in every action brought and
now pending, or hereafter to be brought in the said marine
court, before the justices thereof, it  shall be lawful for
either of the parties to  the suit, or the attorney of either
of them, after issue joined  therein, and  before  an order
has  been  made for  an  adjournment  after  joining  such
issue, and  before the court shall proceed  to  inquire into
the  merits  of. the  cause, to  demand  of  the  said  court
that such action shall be tried by a jury; and it shall be the
Duty of the duty of clerk of the said court to procure, as often as occasion
shall require, lists of the names of such persons residing in the
several wards ofthe city of New York (the Ninth ward excepted), as




MARINE COURT.                                557
are qualified to serve as jurors in the court of common pleas for the
city and county of New York, and the names of the persons so
qualified, residing in the First ward of said city, shall be written
on separate slips of paper, and put into a box under the direction
of the said clerk, and the said clerk shall, once in every week,
draw from the said box the names of as many persons, not fewer Jurors, how
than twenty, nor more than forty, as the said court shall order drw, 
and direct; and the names of the persons so drawn shall be
written on a panel, and directed and delivered to the proper
officer, to be by him executed; and the persons named in the
said panel shall be summoned by the said officer to appear
before the said court, on the Monday next after such delivery,
and on the return thereof, the said clerk shall cause the names
of the persons so qualified to be written on several and distinct
pieces of paper, as nearly alike and of one size as may be, and
rolled up separately, as nearly as may be in the same manner,
and put together in a box or some convenient thing, and
delivered to the said court; and the persons so impaneled shall
be bound, and they are by this act required to attend and serve
as jurors in the said court, to try the several issues which shall
be given them in charge on the day of the return of the said
panel, and on such other days, until and including the Saturday
next thereafter, as the said court shall, from  time to time,
require or order them to attend; and the venires to be issued in
causes in which issue shall be joined after the return of the said
panel, and during the time which the said jurors are required to
attend and serve as aforesaid, as well as the issues joined before
the return thereof, shall be annexed to the said panel at such
times as occasion shall require; and on the trial of each of the
said ssues, the said court, or such indifferent persons as the said
court shall appoint for that purpose, shall draw out twelve of
the said pieces of paper, one after another, and if any of the
persons whose names shall be so drawn shall not appear, or
shall be challenged and set aside, then such further number of
the said jurors shall be drawn as shall make up the number of
twelve, who  do  appear after all legal causes of challenge
allowed; and the said twelve shall be the jury to try suchissue;
and after all the names of the said persons residing in the First
ward of the said city shall be drawn out of the box first above
mentioned, then the names of the persons qualified as aforesaid,
and who shall or may reside in the Second ward of the said city,
shall in like manner be put in and drawn out of the said box
first above mentioned, and then those of the Third ward, and so
on for the different wards of the said city, until the names of all
the persons mentioned in the aforesaid lists shall be drawn,
commencing again with the First ward.
II. And be it further enacted, by the authority aforesaid, That Two sections
the one hundred and twenty-ninth and one hundred and thirtieth
sections of the act hereby amended be, and the same  are
hereby, repealed.




558             ACTS RELATING   TO TE CITY OF NEW YORK.
other sectio  III. And be it further enacted, That so much of the last
repealed.  provision of the one hundred and sixth section of the said act
hereby amended, as relates to matters of account, where the
sum total of the accounts of both parties exceeds, in amount or
value thereof, the sum of two hundred dollars, and so far as it
relates to executors and administrators, be, and it is hereby,
repealed.
Another section repealed  IV. And be it farther enacted, That the one hundred and first
section of " An act to reduce several laws relating particularly
to the city of New York into one act," passed April ninth, one
thousand eight hundred and thirteen, be, and the same is hereby,
repealed.
REVISED  STATUTES, PART III, CHAP. II, TITLE III.
OF SPECIAL JUSTICES' COURTS IN THE SEVERAL CITIES OF THIS
STATE.
iN wYork, SEC. 1. The justices of the marine court of the city of New
3Deno. 1. York are authorized and required to hold a court in the said
city, to be known by the name of " The Marine Court of the
city of New York."
CODE OF PROCEDURE, PART I, CHAP. IV, TITLE VII.
OF. JUSTICES' AND OTHER INFERIOR COURTS IN CITIES.
CHAPTER I.-The Marine Court of the city of Ncew York.
SEC. 65. Its jurisdiction.
ItJurid"n    SEC. 65. The marine court of the city of New York shall have
jurisdiction in the following cases, and no other:
1. In actions similar to those in which courts of justices of the
peace have jurisdiction, as provided by sections 53 and 54.
2. In an action upon the charter or a by-law of the corporation of the city of New York, where the penalty or forfeiture
shall exceed twenty-five dollars, and not exceed one hundred
dollars.
3. In an action between a person belonging to a vessel in the
merchant service, and the owner, master or commander thereof,
demanding compensation for the performance, or damages for the
violation of a contract for services on board such vessel, during a
voyage performed, in whole or in part, or intended to be performed by such vessel, though the sum demanded exceed one
hundred dollars.




MARINE COURT.                             559
4. In an action by or against any person belonging to or on'board of a vessel in the merchant service, for an assault and
battery or false imprisonment, committed on board such vessel,
upon the high seas, or in a place without the United States, of
which the ordinary courts of law of this state have jurisdiction,
though the damages demanded exceed one hundred  dollars.
But nothing in this or the last preceding subdivision of this
section shall give the court power to proceed, in any of the
cases therein referred to, as a court of admiralty or maritime
jurisdiction.
1849.-CHAPTER CXLIV.
AN ACT in relation to the Marine Court of the city of New York.
-Passed March 27, 1849.
The People of the State of New  York, represented in Senate and
Assembly, do enact as follows:
SEc. 1. Two justices of the marine court of the city of New TWo juticea
~                                            to be elected.
York shall be elected by the electors of the city and county of
New York, at the next ensuing charter election in the said city,
and once in every four years thereafter, at the annual charter
elections; the said justices shall be voted for on the same ballot;
but such ballot shall be separate and distinct from  any other
ballot voted at the same election; shall be designated on the
inside thereof, " For Justices of the Marine Court;" and shall
be indorsed " Marine Court," and shall be deposited in a separate
box, to be designated "Marine Court;" but the omission of
either of such designations or indorsement shall not vitiate any
ballot, provided the same shall be found in the appropriate
box.
SEC. 2. The votes for such justices shall be canvassed and cer-,votvseho
tified in the same manner as the votes for register and clerk of
the city and county of New York are canvassed and certified, and
a certificate thereof shall also be filed with the secretary of
state.
SEC. 3. The justices to be elected at the next ensuing charter Tnure of
election shall hold their offices for four years, and shall enter on
their duties on the second Tuesday of May after their election.
The present justices and clerk of the marine court are hereby
required, on the second Tuesday of May, one thousand eight
hundred and forty-nine, to deliver to the justices who may be
elected under this act all the official papers, records and documents in their possession, or under their control as such justices
and such clerk, and all papers, records and documents, connected
with any suit, action or proceeding, which shall then be pending




560              ACTS RELATING TO THE CITY OF NEW YORK.
and undetermined in the said court; and the justices elected
under this act are hereby authorized to receive and demand the
same.  And such suits, actions and proceedings, so pending and
undetermined, shall be continued before the said justices so
elected, with the same effect, and virtue as though before the
present justices of said marine court; and all judgments rendered may be executed by process to beissued by said justices.
Said j ustices shall also issue an execution in any suit or action in
which a judgment may have been duly entered, and in which an
execution might have issued if this act had not passed.  In case
of the death, or resignation, or vacancy arising from any other
cause, of either of said justices or clerk, the board of supervisors
of said city shall immediately appoint some suitable person to
fill the residue of the term thus vacant.
SEC. 4. [Abrogated by Laws of 1S-52, chapter 389, sec. 4.]
ees to be  SEC. 5. Each of the justices and the clerk shall, on the first
accounted
for.    day of every month, or within three days thereafter, account
under oath for all fees and perquisites, if any, of every kind and
description, received by him  by virtue of his office, directly or
indirectly, and pay the same into the treasury of the city of New
York; and, upon such return being made, the justice or clerk
making the same shall be entitled to receive his compensation
for the period included in such return, at the rate herein directed
to be fixed.  No justice or clerk shall perform  any service for
which a fee is allowed by law, until such fee is paid for the use
of the city as aforesaid.
SEC. 6. [Abrogated by chapter 3S9, Laws 1852, sec. 5.]
Theirpowers  SEC. 7. The justices and clerk of the marine court, whose
election and appointment are provided for by this act, shall have
and possess the same powers and perform the same duties as thq
justices and clerk of that court now have and possess and perform; but section one hundred and seven of an act to reduce the
several laws relating to the city of New  York into one act,
passed April 9th, 1813, is hereby repealed.
tEch jurtic  SEC. 8. Each justice shall perform  his equal share of the
his share of, labors and duties of the office, so that at ten o'clock in the mornduties.   ing of each day (except Sundays, the usual holidays, and other
days upon which the inhabitants of the city may generally
refrain from  business) the justices shall be in attendance, and
who shall remain until the calendar for the day, of causes set
down for trial, shall be disposed of, or such time as may be
reasonable, and one justice until four o'clock in the afternoon.
No justice, while at the rooms of the court, not actually engaged
in the discharge of other duties of his office, shall refuse to consider and act upon any application for his official action which
may properly be made to him.




MARINE COURT.                                561
SEC. 9. In case the board of supervisors of the city and county Provision in
case of misof New York shall at any time be satisfied that any justice of condct or
neglect  of
the marine court has been guilty of corruption or gross mis- duy in jus.
conduct while in office, or habitually neglects to perform his ties
share of the duties of the office as herein required, or has become
incapacitated  for the proper discharge  of such duties, the
board, by a vote of a majority  of its members, shall suspend such justice from the exercise of the duties of his office,
and direct that his compensation cease. The board of supervisors shall therefrom without delay present a statement of the
causes of its action to the superior court of the city of New
York, and have a copy thereof served upon the justice affected
thereby. The superior court shall appoint as early a day as
may be practicable for hearing the matter, notice of which day
shall be served upon such justice, and proceed with all reasonable dispatch to hear the parties and the testimony they may
offer, and shall therefrom  make such order conformably to law,
equity and good morals, either restoring such justice to the full
enjoyment of his office with all its powers, duties and benefits,
or removing him  therefrom, as the facts proven may seem to
require, assigning the causes for any  removal in  the order'
therefor.
SEC. 10. The justices shall have power to suspend the clerk lerk may
~.           >.,.   >,),         be  suspendfor corruption or gross misconduct while in office, improper ed.
behavior to the court, neglect of the duties of his office, or incapacity to perform  the same; and also to designate a person
to act as clerk until the matter is inquired into and decided.
The justices shall immediately present a statement of the causes
of this action to the superior court of the city of New York,
and the said court shall proceed thereupon in the same manner
as herein provided in relation to a justice under suspension.
If an order shall be made for the removal of the clerk, the
mayor of the city shall designate a person to act as clerk until
the vacancy in the office shall be filled.
SEC. 11. From  and after the first day of May next, therI ee vto be
received,
following fees and no other shall be received, paid or allowed in paid and dal
lowed.
actions and proceedings in the marine court, or before any Modifed br
J' npV~  ~s>~- LIVVLL                                      Laws of 1857,
justice thereof.                                                 chap.295,~7.
For the first process against defendants, thirty-seven and a
half cents; for every subsequent process, twenty-five cents, to
be paid upon the issuing thereof.
For entering every action or other proceeding, fifty cents, to
be paid previous to the entry of the return of the first process.
For entering every complaint, demurrer, answer or reply,
taking verification, if necessary, and filing same, twenty-five
cents, to be paid by the party making the same; and for each
time any pleading may be amended, twelve and a half cents,
to be paid without recovery by the party amending.
36




562              ACTS RELATING TO THE CITY OF NEW YORK.
For the first jury process, one dollar, to be paid by the party
demanding a jury, at the time of the demand, and for each time
a new jury may be rendered necessary by adjournment, an
additional fee of twenty-five cents, to be paid without recovery
by the party desiring the adjournment.  Either party refusing,
at any time, to pay the requisite jury fee, shall be deemed
thereby to waive a trial by jury.
For each adjournment, twenty-five cents, to be paid without
recovery by the party desiring the same.
For taking security, including  affidavits of justification,
twenty-five cents, to be paid by the party required to give the
same.
For every subpoena, including blank copies, twenty-five cents,
to be paid upon the issuing thereof.
For entering and filing the papers on which any application
may be made for an order or other action by the court, twelve
and a half cents, to be paid by the party applying.
For trial fee in every action in which the sum demanded in
the first process shall not exceed fifty dollars, except marine
actions, one dollar; and in every other action or proceeding,
including all marine actions, two dollars, provided that no trial
fee shall be charged in any action in which there shall be no
issue either of law or of fact. The trial fee shall be paid before
the cause is placed for trial upon any day calendar. If an issue
of law shall be joined, unless the judgment thereon shall be
final, one-half of the trial fee otherwise provided shall be paid
without recovery as an additional fee by the party against whom
the issue is decided.
* For administering every oath, except oaths administered during
the trial of a cause and verifications of pleadings, twelve and a
half cents.
For final judgment, fifty cents, to be paid with the trial fee.
For every transcript ofjudgment- to file in any county clerk's
office, six cents.
For every writ of execution, twenty-five cents.
For every commitment, twenty-five cents.
For taking and entering acknowledgment of satisfaction of
judgment, twelve and a half cents.
For each search, six cents a year, provided that the whole fee
for any search shall not exceed twenty-five cents.
For making and certifying copies of papers and proceedings
in said court, or before any justice thereof, when required, except
returns upon appeals, ten cents for each folio of one hundred
words.
or thte itu     The fees above specified shall be received for the use of the
city of New York.
Nothing in this section contained shall be construed to interfere:with the payment or recovery of fees allowed by law to
constables, witnesses, jurors and j ailors.
The clerk shall have power to administer oaths in all actions
and proceedings in the court or before any justice thereof.




MARINE COURT.                               563
So much of section one hundred and forty of the act, entitled Repeal.
"An act to reduce the several laws relating particularly to the
city of New York into one," passed April 9th, 1813, as does
relate to the fees of constables and jailors, is hereby repealed,
from  and after the first day of May next.  [As amended by
sec. 1, chap. 377, Laws of 1S49.]
SEC. 12. The fee to be paid to each witness in actions and Fed to bwt
proceedings in the marine court, or before any justice thereof, nsse
shall be twenty-five cents for each day he shall actually attend
as a witness therein.  The party recovering costs may include
therein fees at that rate for each day every witness subpoenaed
or sworn on the trial shall actually attend; and, also, twelve
and a half cents for actually serving any subpoena on a witness,
which attendance and service feesshall be proved by affidavit
and taxed by the clerk, or justice. The fee for one day's attendance shall be paid or tendered to each witness at the time he is
served with a subpoena, and any witness so served, failing to
attend, may be proceeded against in the marine court, by the
same process, and shall be subject to the same liability as may
be provided by law  for defaulting witnesses in the court of
common pleas.
SEC. 13. The party demanding a jury shall pay for jurors' J"rorsbe'.
fees, before the jury is sworn, twelve and a half cents for each
juror impanneled, which fees shall be included in any costs such
party may recover; and, if he shall refuse to pay such fees, he
shall be deemed to waive a trial by jury. The marine court
shall have power to appoint and deputize any policeman,
detailed for duty at that court, to summon and impannel jurors,
provided that no policeman shall receive any compensation therefor, in addition to his official salary.
SEC. 14. [Repealed, sec. 2, chap. 377, Laws of 1849.]
SEC. 15. All provisions of law, relating to elections in the povn8
city of New York, so far as the same may be applicable, shall
apply to elections, to be held in pursuance of this act.
SEC. 16. So much of all acts and parts of acts heretofore Repeal.
passed, as shall be inconsistent with the provisions of this act,
are hereby repealed.
SEC. 17. The mayor, aldermen and commonalty of the city Inquiry.
of New York are hereby authorized to inquire into any unusual
services heretofore done within one year from the passage of this
act, by any of the justices of this court, and in case they should
deem it proper and right to make extra compensation for such
service, they are hereby empowered to pay the same to the said
justice.
SEC. 18. This act shall take effect immediately.




564              ACTS RELATING TO THE CITY OF NEW YORK.
1852.-CHAPTER  CCCLXXXIX.
AN ACT in relation to the Marine Court of the City of New
York.-Passed April 17, 1852.
The People of the State of New York, represented in Senate and
Assembly, do enact asfollows:
tiees of j    SEC. 1. There shall be elected at the next general election to
rine court to be held in and for the city and county of New York, on the first
elected.
Tuesday after the first Monday of November next, three justices
of the marine court of the city of New York, and all the provisions of law in relation to the general elections in the city and
county of New York shall apply to the election of said justices.
fdbe bylast  SEC. 2. The justices so elected shall, immediately after the
after votes votes are canvassed, be classified by lot, to be publicly drawn
are canvassed.     by the register and clerk of the city and county of New York,
in the presence of the mayor or recorder of said city, and the
certificate of such drawing and classification shall be signed by
such register and clerk, and by the attending mayor or recorder,
and filed in the offices of the register and clerk.  The classes
shall be numbered first, second and third, according to the term
of service of each; the first class being that which has the shortest time to serve. The term of office of each of such justices
shall commence on the second Tuesday of May, one thousand
eight hundred and fifty-three; and the term of the justice of the
first class shall expire on the thirty-first day of December,
1855; of the justice of the second class on the thirty-first day
of December, 1857; and of the justice of the third class on the
thirty-first day of December, 1859.
Temsof    SEC. 3. After the expiration of the terms of office under such
classification, the term of office of all the justices of the said
marine court shall be six years, and one justice shall be elected
at the expiration of every two years; and any vacancy occurring in the offices created b.y this chapter shall be filled in the
manner prescribed by law for filling vacancies in the offices of
the justices of the superior court of the city of New York.
Clrk of ma   SEC. 4. There shall be appointed by the supervisors of the
rine court to
be appointed city and county of New York, on or before the second Tuesday
of May, in the year one thousand eight hundred and fifty-three,
and on or before the first day of January in every four years
thereafter, a clerk of the marine court, whose term  of office
shall commence on the second Tuesday of May, one thousand
eight hundred and fifty-three, and hold his office until the thirtyfirst day of December, one thousand eight hundred and fiftyseven, unless sooner removed for cause. The clerk subsequently




MARINE COURT.                               565
appointed as aforesaid shall hold his office for the term of four
years, from the thirty-first day of December next following his
appointment, unless sooner removed for cause.
SEC. 5. The said justices and  clerk shall each receive antimof us.
annual compensation, to be fixed by the supervisors of the city tice and
and county of New York, and which shall not be diminished
during their term of office, and which shall be in lieu of all fees
and perquisites, and upon such compensation being so fixed, all
provisions of law  providing for any other compensation  are
therefrom repealed.
Amendment
SEc. 6. The words "twenty-five dollars," first occurring in to act of
the one hundred and thirty-fourth section of the act, entitled 183
"An act to reduce several laws relating particularly to the city
of New York into one act," passed April 9, 1813, is so amended
as to read "fifty dollars." 
SEC. 7. Section ten, and subdivisions one, two, three, four, tfpra's'
five and six, and also sections eleven, twelve, thirteen, fourteen
and fifteen, of chapter third, part third, and title second of the
Revised Statutes, concerning criminal contempts, and all provisions of law for enforcing a compliance with said sections and
subdivisions, shall apply to the marine court of the city of New
York.
SEC. 8. It shall be lawful for the said court to issue commis- owers of
sions to take testimony of witnesses residing out of the city and
county of New York, and to be read on the trials of actions
pending in said court, in the same manner as justices of the
peace now  by law  are authorized to do, which power and
authority is hereby extended so as to authorize commissions to
issue out of the state of New York.
SEC. 9. [Amended bysec. 3, chap. 617, Laws of IS53, to read juisdti
as follows:] In all actions commenced in said court, when the certaincases
amount recovered shall be one hundred dollars, or more, the
plaintiff, when the defendant does not appear, shall recover the
sum of seven dollars, and in all such cases when an issue shall be
joined, and a trial had, the sum of twenty dollars, as costs, in
addition to the fees now allowed by law.
SEC. 10. The common council of the city of New York shall To be fur.
provide the clerk of the marine court with a seal, such as they aseal.
deem proper, which seal, so furnished, shall be the seal of the
said court.  But nothing herein contained shall authorize said
court to issue certificates of naturalization.
SEC. 11. If, in any suit to be brought in the marine court, Trials may
before the said justices, the plaintiff shall make oath that he or be postpoaed




566              ACTS RELATING TO THE CITY OF NEW YORK.
she cannot, for the want of some material evidence or witness,
safely proceed to trial, the court may, in its discretion and upon
such terms as may be deemed proper, postpone the trial for
such reasonable time as will enable the plaintiff to procure such
evidence or witness; provided such time shall not exceed three
calendar months.
Repeal.   SEC. 12. All former acts, or parts of acts, of the legislature of
this state, inconsistent with this act, are hereby repealed.
1853.-CHAPTER  DCXVII.
AN ACT in relation to the Marine Court of the City of New York.
-Passed July 21, 1853.
The People of the State of New York, represented in Senate and
Assembly, do enact as jbllows:
Juriadiction   SEC. 1. The marine court of the city of New York shall have
court.   jurisdiction over, and cognizance of, actions of, assault and
battery, false imprisonment, malicious prosecution, libel and
slander, where the damages claimed do not exceed five hundred
dollars; and the costs in all such actions, when prosecuted in
any other court in the city of New York, are hereby limited to
the amount which would have been recovered in said marine
court, if prosecuted therein; but in no such action shall the
costs exceed the damages recovered.
Extended.    SEC. 2. In cases where the jurisdiction of the said court is
now limited, so there can be no recovery therein for a larger
amount than two hundred and fifty dollars, the jurisdiction is
herebyextended, so that in such cases the recovery of either
party may hereafter be to the amount of five hundred dollars,
notwithstanding that the accounts of both parties may exceed
four hundred dollars.
Amendment.  SEC. 3. Section nine of chapter 3S9 of the Laws of 1852 is
hereby amended, so as to read as follows: I In all actions commenced in said court, where the amount recovered shall be one
hundred dollars or more, the plaintiff, where the defendant does
not appear, shall recover the sum  of seven dollars, and in all
such cases where an issue shall be joined and a trial had, the
sum  of twelve dollars, as costs, in addition to the fees now
allowed by law."
cAdditona    SEC. 4. Ifjudgment be given against the plaintiff for any cause
in any such- actions after an appearance by the defendant, the




MARINE COURT.                             567
defendant shall recover seven dollars, where judgment is rendered without atrial, and ten dollars where a trial shall have
been had, in addition to the costs now allowed him by law; and
where a trial shall be postponed, on cause shown, after regular
notice, the court may impose costs to the amount of five dollars, besides disbursements, as a condition of the postponement.
SEC. 5. Any one of the justices:of said court shall have the Powers of
power to open defaults, on such terms as may be just andusces.
proper, in all actions tried before him; and an appeal may be
taken upon the same, from a judgment entered by the direction
of a single justice of the said court, to the justices thereof, at a
general term, in the same manner and with the like effect as
appeals in the supreme court from the decision of a single
judge to the general term, and the same costs and disbursements
allowed as on appeals from justices' courts to the common
pleas: the justices of said court may appoint general terms of
said court at such time as they deem proper.
SEC. 6. All acts and parts of acts in conflict with the pro- Repeal
visions of this act are hereby repealed.
SEC. 7. This act shall take effect immediately.
1857.-CHAPTER  CCXCV.
ANX ACT in relation to the Marine Court of the city of New
York.-Passed April 7, 1857, " three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. Hereafter all summonses issuing out of the marine Serving of
summonses.
court of the city of New York may be served by the sheriff of
the city and county of New York, or by any other person not
a party to the action; the service shall be made and the summons returned, with proof of the service, to the clerk of said
court within the time now prescribed by law for the service and
return of summonses in said court; all other process issuing out
of said court shall be directed to and served by the sheriff of the
city and county of New York.
SEC. 2. The same fees shall be paid for the service of any Fees.
summons or other process issuing out of said marine court as
are now required to be paid for the service of the same.
SEC. 3. When the summons shall be served by any other person than the sheriff of the city and county of New York, the
like affidavit of such service shall be made by the person making
the same as is now required by the rules of the supreme court
of this state.




568              ACTS RELATING TO THE CITY OF NEW YORK.
pCop of n-  SEC. 4. The plaintiff in the action shall cause to be served
with the summons a copy of his complaint, which complaint
shall be duly verified and shall state the amount for which he
Flure to demands judgment; and if the defendant shall fail to answer on
the return of said summons, and the action be upon contract,
the clerk of the said court, or one of the justices thereof, shall
render judgment against the said defendant for the amount
demanded in said complaint together with costs.
On return of  SEC. 5. On the return of said summons, if the defendant shall
ummo"s. appear, he shall put in a written answer to the complaint, duly
verified.  The clerk may thereupon adjourn the cause, by consent of parties, to any day they may designate.
Clerks.    SEC. 6. There may be appointed by the clerk of said court a
deputy clerk and two assistant clerks, who shall hold their office
at the pleasure of the said clerk.  The deputy clerk shall perform all the duties of the clerk during his absence or inability
to act. The said deputy and assistant clerks shall receive an
annual compensation, to be fixed by the supervisors of the city
and county of New York.
Clerk's fees.  SEC. 7. At the time of issuing any summons, attachment or
warrant, the party applying therefor shall pay to the said clerk
the sum of one dollar; and if a trial shall be had in the action
so commenced, the plaintiff therein shall pay to the said clerk
an additional sum of two dollars and fifty cents, which said sums
shall be received in lieu of all other fees now required by law to
be paid the said clerk.
SEc. S. All acts or parts of acts, inconsistent with the provisions of this act, are hereby repealed.
SEC. 9. This act shall take effect immediately.
1858.-CHAPTER CCCXXXIV.
AN ACT in relation to the jurisdiction of the Marine and District
Courts of the city of New York, and in relation to the proceedings in certain actiqns therein.-Passed April 17, 1858, " threefifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. Relates only to district courts.
Jurisdiction,  SEC. 2. The marine court of the city of New York shall hereetc.    after have no jurisdiction in actions against the mayor, aldermen
and commonalty of the city of New York in which the amount
claimed by the plaintiff shall exceed two hundred dollars.




MARINE COURT.                             569
SEC. 3. The service of a notice of appeal to the general term Notice of
of the said marine court by the said the mayor, aldermen and
commonalty of the city of New York, within the time required
by law, from  a judgment rendered by a single justice of said
court, or to the court of common pleas for the city and county
of New York, fiom a ju:gment rendered by the said general term
of said marine court, in an action in which the said the mayor,
aldermen and commonalty of the city of New York shall be a
party, shall operate as a stay of all proceedings against the said stdi nf p
the mayor, aldermen and commonalty of the city of New York,
upon such judgment, until the final determination of said general
term of the marine court, or of the said court of common pleas,
upon the said appeal; and in no case shall it be necessary for
the said the mayor, aldermen and commonalty of the city of
New York, upon either of the appeals herein mentioned, to pay
to the justice or justices of said marine court the costs awarded
against them upon said judgment appealed from, or to file or
execute any undertaking or security whatever, upon such appeal;
nor shall the said justices of the said marine court be entitled to
demand or receive any fee hereafter, for making a return to the
said court of common pleas of the city and county of New York,
ulpon an appeal taken by the said the mayor, aldermen and com- maPyo. 
monalty of the city of New York to the said court of common
pleas of the city and county of New York, from the judgment of
the general term of said marine court, but it shall be the duty
of the said justices of the said marine court,in all cases of appeal
by the said the mayor, aldermen and commonalty of the city of
New York, fiom a judgment of the general term of said marine
court, to make a full return to the said court of common pleas
for the city and county of New York, of all proceedings in the
action in which said judgment shall have been rendered, and
such return may be enforced by attachment.
SEC. 4. In all actions hereafter prosecuted in said marine court Sum',
of the city of New York, against the said the mayor, aldermen
and commonalty of the city of New York, a copy of the summons and complaint therein shall be personally served upon the
mayor, or the acting mayor of said city, and in addition thereto
a copy of such summons and complaint shall be served on the
counsel to the corporation in said city, at his office, by leaving
the same with said counsel in person, or with a person having
charge of his said office during his absence; and no action in the
said court against the said the mayor, aldermen and commonalty
of the city of New York shall be deemed to be commenced until
such service shall have been made as aforesaid.
SEC. 5. [Incorporatedin act amended.]
SEC. 6. This act shall take effect immediately.




570              ACTS RELATING TO THE CITY OF NEW YORK.
POLICE AND  CRIMINAL COURTS.
REVISED  STATUTES, FIFTH   EDITION, PART  III,
CHAPTER I, TITLE IV.
OF THE CIRCUIT COURTS, SITTINGS, AND COURTS OF OYER AND
TERMINER.
Who may    SEC. 4. [Sec. 14.] Each justice of the supreme court shall
etc.    have power to hold any circuit court, and to preside in any
court of oyer and terminer, in this state, either for the whole
time for which such court shall continue, or for any part of that
time.
InNewYork.  SEC. 10. The courts of oyer and terminer of the county of
New York shall be composed of a justice of the supreme court,
who shall preside, and any two of the following officers: the
judges of the court of common pleas of said city and county,
the mayor, recorder and aldermen of' said city.  Said courts
shall be held at the same time and place that circuit courts for
that county shall be held.  [1S47, cih. 280, ~ 39.] (1)
Clerkofcourt  SEC. 29. The clerk of the court of general sessions of the
terminer.  peace in and for the county of New York shall, by virtue of his
office, be clerk of the court of oyer and terminer in and for
said city and county.  [1847, ch. 307.]
TITLE V.
OF THE COURTS OF COMMON PLEAS AND GENERAL SESSIONS OF
THE PEACE [AND OF THE COURTS OF SESSIONS] IN THE SEVERAL COUNTIES OF THIS STATE.
sesals    SEC. 58. [Sec. 27.] [The judges of the court of common
pleas for the city and county of New York, elected pursuant to
chapter 255 of the Laws of 1S47,] and the mayor, recorder,
[city judge,] or any of them, of whom  [one of the said elected
judges, mayor, recorder or [city judge] shall always be one, shall
have power to hold courts of general sessions in and for the
said city and county of New York.:Dety of   SEC. 59. [Sec. 28.] It shall be the special duty of the recorder
corder.   or city judge] of the city of New York to hold the said court
of general sessions.
Powers of    SEC. 60. [Sec. 29.] The said court of general sessions shall
sions.    possess the like powers as the courts of general sessions for the
18J. R. 187. other counties in this state, and in addition thereto shall have
(1) See Charter of 1857, Sec. 48.




POLICE AND CRIMINAL COURTS.                           571
power, when the said [elected judge] shall preside, to hear, try
and determine any indictment for any crime punishable by imprisonment for life.  The court shall also have the same power,
when the mayor or recorder presiding shall be of the degree of
counsellor in the supreme court of this state, of at least three
years' standing.
SEC. 61. The court of general sessions of the peace, in and Power of
for the city and county of New York, shall have power to hear, 0's~
determine, and punish, according to law, all crimes and misdemeanors whatsoever, including crimes punishable with death,
or imprisonment in the state prison for life. [1855, ch. 337,
1.]
SEC. 62. All the provisions of law whatsoever, now existing, Trials.
relating to courts of oyer and terminer, and regarding trials of
indictments for capital offenses, and for offenses punishable by
imprisonment in the state prison for life, and regarding sentences
thereupon, and writs of error, bills of exceptions, ccrtioraris, and
writs of habeas corpus, arising upon trials of such indictments,
are hereby applied to the said court of general sessions of the
peace, in and for the city and county of New York.  [Same
ch., ~ 2.]
SEC. 63. Every conviction for a capital offense, or for one Appeas.
punishable as a minimum.punishment by imprisonment in the
state prison for life, shall be brought before the supreme court
and court of appeals, from  the said court of general sessions
of the peace, ill and for the city and county of New York, by a
writ of error, with a stay of proceedings as a matter of right.
And the said appellate court may order a new  trial, if it shall
be satisfied that the verdict against the prisoner was against the
weight of evidence or against law, or that justice requires a new
trial, whether any exception shall have been taken or not in the
court below.  [Same ch., ~ 3. As amended 185S, ch. 331.]
SEC. 64. The court of oyer and terminer, in and for the city TVansmission
and county of New York, may, by an order to be entered on its ments.
minutes, send all indictments for any crimes (including crimes
punishable with death, or imprisonment in the state prison for
life) that may, hereafter, be in any way brought before the said
court, to the court of general sessions of the peace, in and for
the city and county of New York, to be there heard, tried and
determined according to law.  [Same ch., ~ 4.]
SEC. 65. The court of special sessions of the peace, in and pecial sesfor the city and county of New York, shall have power to hear,
determine and punish according to law, all complaints for misdemeanors, and shall possess exclusive jurisdiction thereof, unless
the said court of special sessions shall order any such complaint




572              ACTS RELATING TO THE CITY OF NEW YORaK.
to be sent to the court of general sessions of the peace; and
unless the accused, when arrested and brought before the committing magistrate, shall elect to have his case heard and
determined by the court of general sessions of the peace, in
and for the city and county of New York; and it is hereby made
the duty of such magistrate, upon such arrest, to inform the said
accused of the provisions of this section. [Same ch., ~ 5.]
SEC. 66. The court of general sessions of the peace, in and
for the city and county of New York, shall have power at all
times to make rules and regulations for its government and conduct, and to enforce the same by imprisonment for contempt, or
by fine, or by both.  [Same ch., ~ 6.]
SEC. 67. All fines imposed by the courts of oyer and terminer,
and general and special sessions, in the city and county of New
York, may be at any time remitted by the judge imposing the
same, and in addition to such remission, the court may, in its
discretion, substitute imprisonment.  All such fines shall be collected by and paid to the clerk of said courts, and by him
accounted for to the chamberlain of said city and county of New
York, with a statement under oath.  [Same ch., ~ 7.1
SEC. 68. All acts, statutes, parts of acts and parts of statutes,
or provisions of law, conflicting with any of the provisions of
this act, are hereby repealed. [Same ch., ~ 8.]
Turmsof    SEC. 70. [Sec. 31.] The. said Court of General Sessions shall
commence and be held on the first Monday in every month, and
may continue and be held every day, from  the commencement
thereof, until and including Saturday, in the third week thereafter. (1)
herto be  SEC. 71. It shall and may be lawful for the common council
held.    of the city of New York, to assign such place in the said city
as may to them seem most conducive to the public convenience,
for the holding of the courts of general or special sessions and
of oyer and terminer and jail delivery, to be held in and for the
said city and county.  But such alteration of the place of holding such courts shall, before the same takes effect, be notified
in one or more of the public newspapers printed in the said city,
for the period of not less than four weeks.  [1838, clh. 297.]
Powers of    SEC. 72. All judicial powers vested by law in the recorder
ityJg. of the city of New York are hereby conferred upon such city
judge, and said city judge shall, concurrently with said recorder,
perform  and discharge all judicial duties imposed upon such
recorder. [1850, ch. 205, ~ 3.]
(1) 2 B. L., p. 503, sec. 8.




POLICE AND CRIMINAL COURTS.                         573
SEC. 73. The city judge shall have an office, to be provided Duties, etc.
and properly furnished by the board of supervisors of the city and
county of New York, and shall attend thereat at all reasonable
hours for the transaction of business, except when engaged in
holding court. [Same ch., ~ 4.]
SEC. 74. The city judge shall receive a salary of not less than Salary'
two thousand dollars yearly; the amount of which shall be fixed
by the board of supervisors on or before the first day of November, 1850, and shall not afterwards be diminished during his
continuance in office; such salary shall be paid out of the
treasury of the city and county of New York, in equal quarteryearly payments.   [Same ch., ~ 5.   As modfied by Laws of
1852, ch. 275.]
SEC. 75. The salary of said  recorder shall be fixed  by salaryre'corder to be
the board of supervisors of said city and county, by resolution filed by suto be entered in the minutes of proceedings of such board, on
or before the first Monday in April next.  The salary so fixed
shall be the annual salary of said recorder during the term  for
which he, or the person who may be appointed to supply his
place, in case of a vacancy, shall serve; and the board of supervisors shall, in like manner, during the month of September
preceding every general election thereafter, at which a recorder
is to be elected, fix the salary of said recorder for the three years,
commencing on the first day of January next ensuing, which
salary, when so fixed, shall not be diminished during said term.
[1847, ch. 488, ~ 4.  As modified by Laws of 1852, ch. 275.]
SEC. 94. The board of supervisors of the city of New York Salaries.
may, if they shall deem it expedient, increase the salaries of the
recorder of the city of New York, and of the city judge for said
city, or either of them. [1852, ch. 275.]
CHAPTER II, TITLE II.
OF THE COURTS OF SPECIAL SESSIONS OF THE PEACE.
SEC. 1. Courts of special sessions of the peace may be held in By whom to
and for the city and county of New York, by any three judges New York.
of the court of common pleas of the said city and county, ofsoe~4 and
whom the first judge of said court, the mayor or recorder of said 13 post ]
city, shall always be one, in the cases and for the purposes provided by law.
SEC. 2. The judgments and orders of the said court, shall be Judgments,
executed by the sheriff of the said city and county, by virtue of executed.
a warrant under the hand and seal of the first judge, mayor or




574               ACTS RELATING TO THE CITY OF' NEW  YORK.
recorder, who presided; or of the persons who formed such
court.
Cortof     SEC. 4. Courts of special sessions of the peace shall be held
essii and by a single magistrate, now authorized to sit as a member of a
[See ~~ land
13.]     court of special sessions, and all offenses now triable before such
courts may be tried before such single magistrate, with or without a july, at the election of the prisoner; and all provisions of
law now applicable to the powers, duties and proceedings of
such courts shall apply to such magistrate and the proceedings
before him. [1845, ch. 180, ~ 15.]
nNewYork.  SEC. 5. The courts of special sessions of the peace in and for
the city and county of New York may be held by the judges of
said court as often and at such times as they may deem it expedient. [1S51, ch. 441, ~ 2.]
Clerk to be  SEC. 6. There shall be appointed by the policejustices in the
city and county of New York, in the manner hereinafter provided, a clerk and deputy clerk for the court of special sessions
in said city and county.  [1858, ch. 282, ~ 1.]
utty of such  SEC. 7. It shall be the duty of said clerk or his deputy, to
clerks.
enter all the proceedings of the said court, and the sentences on
all convictions had therein, in full, in a book of minutes to be
by him kept for that purpose, to administer the oath or affirmation required by law to be administered in the said court; to
issue all subpoenas for witnesses on the part of the people, and
to furnish, when required, the necessary blanks for witnesses on
the part of the defense.  [Same ch., ~ 2.]
Sentence of   SEC. S. Whenever sentence shall be pronounced upon any
person convicted of any offense in the said court of special sessions, the clerk thereof shall, as soon as may be, make out and
deliver to the sheriff of the said city and county, or his deputy,
a transcript of the entry of such conviction, in the minutes of the
said court, and of the sentence thereupon, duly certified by the
said clerk, which shall be sufficient authority to such sheriff or
deputy to execute such sentence, and he shall execute the same
accordingly.  LSamc ch., ~ 3.]
ine.    SEC. 9. All fines imposed by the said court shall be received
by the clerk thereof, who shall return the same monthly, under
oath, to the chamberlain of the said city.  [Sfame ch., ~ 4.]
Of Tscrvi  SEC. 10. Transcripts of convictions had in the said court shall
tions.    not be required to be certified by the magistrates holding the
said court, or filed, but a duly certified copy of any such conviction, made by the clerk of the said court, shall be evidence, in




POLICE AND CRIMINAL COURTS.                         575
all courts and places, of the facts therein contained.  [Same ch.,
5.]
SEC. 11. The salary of the said clerk and deputy clerk shall Salary, t
be fixed by the board of supervisors, and shall not be increased
or diminished during their continuance in office; such salaries
shall be paid out of the treasury of the city and county of New
York, in equal monthly payments.  Before entering upon the
duties of their respective offices, the said clerk and deputy clerk
shall severally take and subscribe, before the clerk of the county,
the oath of office prescribed by the constitution, which oath
shall be filed in the office of the said county clerk; they shall
also severally execute a bond to the people of the state; in the
penal sum of one thousand dollars, with sufficient sureties to be
approved by the city comptroller, conditioned for thefaithful
performance of their duties according to law, which bond shall
be filed in the office of the said city comptroller. [Same ch.,
~ 6.]
SEC. 12. The police justices of the said city shall, within Police justices to meet
twenty days after the passage of this act, meet together in the and appoint
court room of the special sessions, at the halls of justice, in said
city, and proceed to appoint the said clerk and deputy clerk of
the special sessions, and a majority of the whole number of
police justices elected in said city shall be necessary to a choice
in each instance.  The term  of office of the clerk and deputy Term or
office.
clirk first appointed under this act shall expire at the same
time with that of the police justices aforesaid; and their successors shall be appointed for the term of six years, in the same
manner herein provided: in case of vacancy in either of said
offices, it shall be filled in the same manner for the unexpired
term. [Same ch., ~ 7.]
SEc. 13. The said court of special sessions may be held byl ee   an
any three of the said police justices, who may sit alternately,
except that one of their number may be selected to preside.
And the said justices shall meet in convention, and assign the
justices to hold the several terms of said court. The resolution
of the board of supervisors of said county, fixing the compensation of said justices for holding said court, shall take effect from
the time the said justices entered upon the performance of such
duty; and said compensation shall not be increased or diminished during their term of office. The said board of supervisors
shall fix the compensation of the temporary clerks employed in
said  court up to the passage of this act.  [Same ch., ~ 8.]
SEC. 14. All acts or parts of acts, inconsistent herewith, are
hereby repealed.  [Same chl.,  9.]




576              ACTS RELATING TO THE CITY OF NEW  YORK.
PART IV, CHAPTER II, TITLE III.
ARTICLE SECOND.
OF TRIALS BEFORE COURTS OF SPECIAL SESSIONS IN THE CITY
AND COUNTY OF NEW YORK.
Pourtw re o  SEC. 4S. [Sec. 22.] Whenever any person charged with having
court on romte
quisitio   committed petit larceny, or any assault and battery, not riotously, shall, upon his examination before any policej ustice in the
city of New York, be required to enter into a recognizance, with
sureties, to appear at the proper court to answer such charge,
and shall, at any time, demand to be tried by the court of special
sessions in the city of New York, such court shall proceed to
hear and determine upon such accusation. (1)
ourt  hen  SEC. 49. [Sec. 23.] If the person charged with any offense
he omits to specified in the last section shall not require to be tried as
therein provided, and shall not within twenty-four hours after
being committed on such charge enter into a recognizance, with
sureties, to appear at the next court of general sessions to be
held in the said city and county, and answer to such charge, the
said court of special sessions may proceed to hear and determine
upon such accusation..  SEC. 51. [Sec. 25.] In hearing and determining any accuation according to the preceding provisions, the said court shall
proceed in all respects as provided in the first article of this
title, except as to the summoning of a jury; and shall, upon
conviction of the offender, sentence him  to the punishment
prescribed by law.
Right of
appeal.   SEC. 52. [Sec. 26.] Any person tried and sentenced according to the provisions of this article, without having demanded
such trial, may appeal from such sentence to the court of general
sessions of the city and county of New York.
When to be
made.  SEC. 53. [Sec. 27.] Such appeal must be made at the time
sentence is pronounced, and thereupon such conviction shall
be void.
throeen.g    SEC. 54. [Sec. 28.] The said court shall enter sich appeal in
its minutes, and shall proceed, in the same manner as if no such
trial had been had, to take a recognizance from  the accused,
with sufficient surety, to appear at the general sessions of the
said city and county, or, in default of giving such recognizance,
shall commit him to prison, and shall take the same measures to
(1) 2 R. L., 607, sec. 4.




POLICE AND -CRIMINAL COURTS.                        577
insure the attendance of the witnesses in behalf of the prosecution, at the said court of general sessions, as in other cases.
SEC. 5o. [Sec. 29.] The court of general sessions shall proceed rroceedingj
thereon.
in every such case, by indictment and other proceedings, in the
same manner as if no such trial or conviction had been had.
1829.  CHAPTER CXXXII.
AN ACT in relation to the Criminal Courts in the City of New
York.-Passed April 14, 1829.
The People of the Slate of New York, represented in Senate and
Asscmbly, do enact as follows:
SEC. 1. It shall and may be lawful for the common council
of the city of New York to assign such place in the said city,
other:than the city hall, as may to them seem most conducive
to the public convenience, for the holding of the courts of general
sessions, of special sessions, and of oyer and terminer and jail
delivery, to be held in and for the said city and county: Provided,
That such alteration of the place of holding said courts shall,
before the same takes effect, be notified in one or more of the
public newspapers printed in the said city, for the period of not
less than four weeks.
1830.-CHAPTER XLII.
AN ACT in relation to certain Proceedings in Criminal Cases, in
the City of New York, and concerning certain Courts therein.
-Passed February 20, 1830.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SECS. 1 and 2. [Obsolete.]
SEC. 3. The clerk of the court of oyer and terminer and Clerk of the
general sessions of the peace, in and for the city and county ofount a depp.
New York, may appoint some proper person as deputy, to hold ty.
his office during the pleasure of the clerk; who, whenever the
said clerk shall be absent from the city, or by reason of sickness
or any other cause, shall be incapable of performing the duties
of his office, may perform all the duties required by law to be
done by such clerk; which deputy shall, before he enters on the
duties of his office, take the oath of office prescribed in the
37




578             ACTS RELATING TO THE CITY OF NEW YORK.
constitution of this state; and as often as such deputy shall die,
resign -or beremoved from office, or become incapable of executing the duties of the office, another may be appointed in his
place: Every such appointment shall be made in writing, under
the hand of the clerk, and shall be filed in his office.
SECS. 4, 5, 6, 7 and 8. [Abrogated by chapter 282, Laws of
1858.]
jails.    SEC. 8. The common council may, by ordinance, from time
to time, designate any building or buildings within the said city
and county to be the common jails of said city and county, for
all the purposes for which common jails may by law be used;
and such building or buildings so designated shall be such
common jails, until changed by an ordinance of said common
council.
wheure'to be   SEC.,9. It shall be lawful for the said common council, by
held.    ordinance, to provide, from time to time, as the public convenience may require, that the circuit court and courts ofoyer
and terminer and jail delivery, and general and special sessions,
to be held in and forsaid city and county, shall be held either at
the city hall of said city, or at the building in said city known
as the sessions hall; and, unless otherwise provided by such
ordinance, it shall be lawful for the said courts, respectively,
by orders to be entered inl their minutes, from time to time, to
direct the holding of their several courts at either of the said
places.
SECS. 10 and 11 relate to justices' courts.
epIb} etc.  SEC. 12. All statutes or parts of statutes heretofore enacted,
so far as the same are inconsistent with or repugnant to the
provisions of this act, are hereby repealed; and this act shall
take effect and be in force at and immediately after the passage
thereof.
1845.-CHAPTER CXXXIII.
AN  ACT to provide a Seal for the Court of Oyer and Terminer
and General Sessions of the Peace, in andfor the City and County
ofNew York.-Passed May 6, 1845.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
s~       (SEC. 1.: The. seal for the court of oyer and terminer and
court of general sessions of the peace, in and for the city and




POLICE AND CRIMINAL COURTS.                       579
county of New York, already devised and heretofore used by
said courts, shall hereafter be the seal of said courts, respectively; and all process issued by said courts shall be sealed with
said seal, and signed by the clerk of said courts.
SEC. 2. This act shall take effect immediately.
1846.-CHAPTER II.
AN ACT authorizing the Court of General Sessions of the Peace
in and for the City and County of New York to extend the Term
of said Court in certain cases.-Passed January 20, 1846.
The People of the State of New York, represented in Senate and
Assembly, do enact asfollows:
SEC. 1. Whenever the trial of a cause shall have been com- wne ay
menced in the court of general sessions of the peace, in and for
the city and county of New York, and the same shall not be
concluded, before the expiration of the term of said court, it shall
be lawful for the said court to continue in session until the
conclusion of said trial, and to proceed to judgment, if they
shall so deem necessary, in cases where convictions shall be had.
SEC. 2. This act shall take effect immediately,
1851.-CHAPTER CCCCXLI.
AN ACT relating to Courts of General and Special Sessions of
the Peace, in andfor the City and County of New  York, and to
authorize the Board of Supervisors of said City and County of
New York to Jix the Salary of District Attorney.-Passed July
9, 1851.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. It shall be lawful for the court of general sessions of
the peace, in and for the city and county of New York, whenever the said court shall deem it expedient, to direct the drawing
of an additional number of jurors for said court, not exceeding
double the number now authorized bylaw, and whenever said
additional number ofjurors shall be so ordered to be drawn, it
shall be the duty of the judges of said court, and they are hereby
empowered, to hold at the ensuing term thereof a double session
of said court for the trial of all causes triable therein.




580             ACTS RELATING TO THE CITY OF NEW YORK.
SEC. 2. The courts of special sessions of the peace, in and
for the city and county of New York, may be held by the judges
of said court as often and at such times as they may deem
it expedient.
SEC. 3. The district attorney of the city and county of New
York shall receive for his services an annual salary, to be fixed
and paid by the board of supervisors of said city and county.
SEC. 4. This act shall take effect immediately,
s151.-CHAPTER CCCCXV.
AN ACT relating to the Indictment and Place of Trial of
Nuisances.-Passed July 8, 1851.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. Whenever any nuisance shall be erected or continued,
on or near the boundary lines of the counties of New York,
Westchester and Queens, the same, and the persons by whom
such nuisance shall have been erected or continued, may be
indicted in either county injuriously affected thereby; and
thereupon the same proceedings shall be had and taken, and the
sentence of the court may be enforced in the same manner, as
if the said nuisance was situated within the county in which
the indictment was found.
SEC. 2. The record of any conviction under this act shall be
filed in the clerk's office of the county in which such nuisance is
located, and thereupon process shall be issued to the sheriff of
such county to abate such nuisance, in the same manner as if
the conviction was had in the county in which the record was
filed.
SEC. 3. This act shall take effect immediately.
1862.-CHAPTER X.
AN  ACT to empower the Court of General Sessions of the
Peace, in and for the city and county of New York, to extend
its terms, and to authorize its adjoulrnments.-Passed February
19, 1862, " three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The court of general sessions of the peace, in and
for the city and county of New York, is hereby empowered to




POLICE AND CRIMINAL COURTS.                           581
extend any of its terms, and to make any adjournments of the
said courts within its discretion, by any order or orders to said
effect duly entered in its minutes.
SEC. 2. This act shall take effect immediately.
1848.-CHAPTER  CLIII.
AN  A4C1' in relation to Justices' and Police Courts in the city of
New York7.-Passed March 30, 1848.
The People of the State of New  York, represented in Senate and
Assembly, do enact as follows 
SEC. 1. The city of New York shall be divided into six judicial Jdical
districts, in each of which there is hereby established a court,
to be called the justice's court of the city of New York.
SEC. 2. The First, Second, Third, and Fifth wards of said city wiar  onshall constitute and be the first judicial district; the Fourth, districts.
Sixth, and Fourteenth wards of said city, the second judicial
district; the Eighth and Ninth wards of said city, the third
judicial district; the Tenth, Fifteenth, and Seventeenth wards of
said city, the fourth judicial district; the Seventh, Eleventh, and A justice to
Thirteenth wards of said city, the fifth judicial district; and the each.
Twelfth, Sixteenth, and Eighteenth wards of said city, the sixth t[oelection 
judicial district. In each of the said districts hereby created, there justices.]
shall be elected by the electors thereof, having the necessary
qualifications required of a voter at any general election, a
justice to hold the court in said district.
SEC. 3. [Amended by sec. 1, chap. 147, Laws of 1851, to Compensaread as follows:] There shall be appointed, by the mayor and term of ofboard of aldermen, or a majority thereof, of the city of New (Noetlerks.
York, on or before the thirty-first day of December, eighteen mpethi 
hundred and fifty-one, a clerk of justice's court and a police "t not
court clerk, for each judicial district of said city, created by fore.]
this act, whose compensation shall be fixed by the common
council, and not be increased or diminished during their continuance in office; "Who shall enter upon the duties of their offices
at the expiration  of the terms of office of the clerks first
appointed under this act, and shall hold their offices for the
period  of four years.  Vacancies, by expiration of term  or
otherwise, shall be filled in like manner, for a like period.
SECS. 4, 5, and 6. [Apply only to civil courts, and are abrogated.]




582                ACTS RELATING TO THE CITY OF NEW  YORK.
Piceto Jus   SEC. 7. There shall also be elected, in each of the said
lecteL, Of districts, at the same election, and in the same manner, one
18, chap. police justice for the city of New York, who shall hold their
p4ad ot,  offices for four years, and shall enter on their duties on the
second Tuesday of May next after their election.  The said
police justices shall have all the powers and perform  all the
duties of the special justices for preserving the peace, in the
city of New York, and the said offices of special justice for
preserving  the  peace, and clerks of police, as  heretofore
existing, is hereby abolished, from  and after the time when
the police justices and clerks, elected or appointed under this
act, shall enter on their duties.
To be assigned by    SEC. 8. The common council shall, by ordinance, assign such
c~omcil.  police justices and clerks to such police offices and police courts
[8Ie Laws of in rotation, or otherwise, as the public business may require.
508, 29,
SEC. 9. [This section repealed by sec. 6, chap. 514, Laws of
1851.]
SEC. 10. [Applies only to justices' courts.]
Provision  SEC. 11. All the provisions of law in relation to charter electh election tions in the city of New York, and the notices thereof, shall
oers.    apply to  the officers whose election is hereby provided for,
and the said officers shall be voted for on one ballot, to be
endorsed "justices," and which shall be deposited in a separate
box, to be provided for that purpose by the: common council of
said city.
Official pa. SEC. 12. The present assistant justices and special justices for
pmentstobe preserving the peace are hereby required, on the second Tueselivered to day of May, eighteen hundred and forty-eight, to deliver to the
justices.
respective justices and police justices elected under this act all
their official papers and documents, and all papers and documents connected with any suits or proceedings which  shall
then be pending and undetermined in their respective courts;
and- the justices and police justices elected under this act are
hereby authorized to receive and demand the same; and such
suits and proceedings, so pending and undetermined, shall be
continued  before the  said  justices  and  police justices  so
elected, with the same effect and virtue as though before the
said assistant justices and present special justices for preserving
the peace, and all judgments rendered may be executed by
process, to -be  issued by said justices.  The courts hereby
created,may issue all. process necessary or proper to carry into
effect the purposes of this act; and all constables and other
officers are hereby authorized to perform  all the duties and to
receive the  fees in  the  courts hereby created, which they
were authorized to perform  in  the courts hereby abolished,




POLICE AND CRIMINAL COURTS.                         583
and may  serve  all process issued by  said courts hereby
created.
SEC. 13. This act shall take effect immediately.
1854.- CHIAPTER LXV.
AN ACT to divide the Sixth Judicial District of the City of New
York.-Passed March 21, 1854.
The People of the State of Ne~w York, represented in Senate
and Assembly, do enact as follows:
SEC. 1. The sixth judicial district of the city of New York,
now composed of the Twelfth, Sixteenth, Eighteenth, Nineteenth, Twentieth, Twenty-first and Twenty-second wards of
said city is hereby divided by a line running through the
centre of Fortieth street, from the Hudson river to the East
river, and by a line running in a southerly direction from Fortieth street through the centre of Sixth avenue to Fourteenth
street.
SEC. 2. The said Twelfth, Nineteenth  and  Twenty-second
wards shall hereafter constitute and be known as the seventh
judicial district of the city of New York; and the Sixteenth
Eighteenth, Twentieth and Twenty-first wards shall remain
and constitute the sixth judicial district for all civil purposes,
and the Sixteenth and Twentieth ward' shall constitute the
eighth judicial district for the election of a police magistrate,
but for no other purpose, and the Eighteenth and Twenty.
first wards shall constitute the sixth judicial district for the
election of a police magistrate, but for no other purpose.
SEC. 3. A civil justice and a police justice shall be elected
by;the people in and for the seventh, and a police justice in the
eighth judicial district thus created, at the annual election in
November next, who shall enter upon the duties of their respective offices on the first day of January, one thousand eight
hundred and fifty-five, and shall hold their offices until the first
day of January, one thousand eight hundred and fifty-eight; and
their successors shall be elected at the same time and for the
same term, and in the same manner as is now provided by
law for the election of justices and police justices in the city
of New York.
SEC. 4. It shall be the duty of the common council to
designate the place or places where the justice and police
justices for the said several judicial districts shall respectively




-584              ACTS RELATING TO THE CITY OF NEW  YORK.
hold their courts; and  clerks for these courts shall be appointed in the same manner that the clerks are now appointed
for the district and police courts of said city, and the clerks
so appointed shall hold their offices for the same time as now
prescribed by law as the term of office of the clerks of the district and police courts of said city.
1813.C-CHAPTER LXXXVI.
AN ACT to reduce several Laws relating particularly to the City of
New York into one act.-Passed April 9, 1813.
POLICE OFFICE.
XXII. And be it farther enacted, That for the more effectually
discovering and apprehending offenders in the city of New York,
an office shall continue in the said city, to be denominated the
" Police Office in the City of New York," and to be kept at
such place or places as the mayor, aldermen, and commonalty
of the said city shall from time to time provide and assign.
Recogniz a-   XXV. And be it further enacted, That all recognizances from
nations and parties to appear and answer, or from  witnesses to appear and
depositions'.
to be lodged testify, and all examinations of parties charged with offenses, and
onPffie.    depositions of witnesses respecting offenses, taken elsewhere in
the said city than in the said police office, shall forthwith be
lodged in the said police office, by the chancellor, judge, mayor,
recorder, special justice, or other magistrate taking the same,
and every recognizance for the appearance of parties or of witnesses at any court tobe held in the said city, and every examination or deposition respecting offenses charged to have been
committed in the said city, taken in any other county, shall be
transmitted by the magistrate taking the same to the clerk, to
be lodged in the said police office, and as often as any recognizance for the appearance of parties or witnesses at any court, to
be held in any other county, or any examination or deposition
respecting offenses charged to have been committed in any other
county, shall have been taken or lodged in the said police office,
the clerk shall transmit the same to the clerks of the respective
Duties of  counties; and at every term of the supreme court, and at every
the clerk.
session of oyer and terminer and jail delivery, and of the peace,
to be held in the said city, the clerk of the said police office shall
deliver into court all recognizances which shall then be in the
said police office, for the appearance of persons at the said courts
respectively, together with all examinations and depositions
which shall then be in the said police office respecting offenses
charged to have been committed in the said city; that it shall,
among other things, be required of the said clerk to reduce to




POLICE AND -CRIMIINAL COURTS.                        585
writing all examinations and depositions, and to make out in due
form. all recognizances, and all warrants or other precepts which
shall be made, taken or issued before or by any magistrate in the
said police office, and generally to do and perform all such services and business in the said police office as shall be to be done
and performed in writing, and to do and perform  every such
other reasonable service and business relating to his trust as
shall be required of him by the magistrates or magistrate, who
at the time shall be and attend in the said police office, and to
have the charge and custody of all recognizances, examiniations
amd depositions which shall have been taken or lodged in the
said police office, until the same shall be delivered into the respective courts, or transmitted to the respective counties, as the
case shall be, and of all other papers in the said police office.
XXXVI. And be it furthcr enacted, That it shall be the duty Spcialj.
of the said special justices, and they are hereby authorized, compel th
whenever they have reason to suspect that any complaint for of witnesses.  in   cortail
a misdemeanor is unfounded, to  compel the attendance of cases.
witnesses, in order to examine into the truth of such complaint;
and if, on such investigation, it shall appear that the charge is
not supported, it shall be dismissed.
XXXVII. [Obsolete.]
XXXVIII. And be it furthcr enacted, That it shall be thec ut of th
duty of the said justices, or one of them, to examine all persons persons deapprehended and detained in custody by the night watches ofiwatch.
the said city, and to make such order thereon as the circumstances of each case and justice shall require, and likewise to
superintend and direct the discharge of the said watch every Justice to
morning, upon the conclusion of the service of the night.        iscarge
A1nd whercas, disorderly persons, committed as such to the
bridewell of the city of New York, frequently are desirous to
be discharged, upon their finding surety for their leaving the
state and not returning within a certain given time: therefore,
XXXIX. Be it further enacted, That it shall and may be Dserderly
persons, how
lawful for the mayor or recorder, or either of the special j ustices discharged
for preserving the peace in the city of New York, to discharge recognizany such disorderly person, on his or her entering into a bond a"'
or recognizance, with such security and to such an amount as
may be deemed proper (but, if not thought necessary, maybe
dispensed with), to the mayor, aldermen and commonalty of the
city of New  York, conditioned, that such disorderly person
shall leave the state within a given time, and not return again
within a certain given time, to be specified in such bond or
recognizance, and also to be of good behavior during the time
he or she shall remain in the said city, previous to his or her
leaving the same.




586                ACTS RELATING TO THE CITY OF NEW  YORK.
cBond or re-   XL. And be it firther enacted, That all such bonds or recognientered into zances, entered   into  as aforesaid, eshall be loded in   the office
by such persons, wileo of the clerk of the said city of New York, and on a breach of
toloted. the condition thereof, it shall be lawful to sue and recover on
any such bond.or recgnizance in any csuch baving cognizance
thereof.
Spel juth-  XLI. Anid be it fitrther cnacted, That the special justices for
powers  as
oustices  f preserving the peace in the city of New York, and each of them,
the peacel l shall have and exercise the like powers in the said city, as are
ties.    now exercised by justices of the peace in the different counties
Proviso-   of this state: Provided, That nothing lherein contained shall be
construed to authorize said justices to try causes for the recovery
of debts.
Further pow-  XLII. And be it further enacted, That the said special justices,
ustices.   and each of them, shall have and exercise the like powers as
may be lawfully exercised out of the sessions by the aldermen
of the said city, in relation to  all cases of bastardy, and to all
cases respecting apprentices, servants and vagrants orvagabonds,
arising within the said city.
common      XLIII. And be it further enacted, That it shall be lawful for
council   to
direct when the common council of the said city, fiomn  time to time, to
pland whfc, direct, by an ordinance or ordinances, the keeping open of the
police office
shall be kept said police office, for the transaction of the business thereof at
all or at such times (Sundays excepted) and at such place or
places as may be deemed most beneficial to the public.  And it
shall be the duty of the special justices, and all the officers
employed in the police office, to obey such ordinances.
[Section 44, superseded and obsolete.]
1816.-CHAPTER CLIX.
AN  ACT grantino Additional Powers to the Special Justices for
preserving the Peace in the City o' New Yorlc, in certain. Cases.Passed April 16, 1816.
SEC. 1. [Superseded and obsolete.]
II. And be itfarther enacted, That it shall be the duty of the
said justices to cause to be apprehended and sent to the almshouse, in the said city, all idle children who shall be found in
the said city, going about to beg, and whose.parents are prostitutes, or disorderly persons, or keepers of notorious gamblinghouses, or houses for the purposes of prostitution; and the
commissioners of the alms-house and bridewell of the city of




POLICE AND CRIMINAL COURTS.                         587
New  York are hereby authorized to bind out such children,
without the consent of their parents, in like manner as if such
children were chargeable to the said city.
1832.-CHAPTER LVIII.
AN ACT providing for the Appointment of an additional Special
Justice for preserving the Peace in the City of New York, andfor
other Purposes.-Passed March 26, 1832.
The People of the State of New- York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. [Superseded and obsolete.]
SEC. 2. It shall be lawful for the common council to establish Office to be
north of
an office as a branch of the police office of the said city, in any Grand street
part thereof north of Grand street, and the same, when established, shall, for all legal purposes, be deemed a police office of
the said city.
18S33.-CHAPTER XI.
AN ACT relative to the Powers of the Common Council of the City
of New York, and the Police and Criminal Courts of the said City.
-Passed January 23, 1833.
The People of the State of New York, represented in Senate and
Alssembly, do enact as follows:
SEC. 1. All persons, who, being habitual drunkards, are desti- Persons who
shall bo
tute and without visible means of support;: or who, being such deemed
habitual drunkards, shall abandon, neglect or refuse to aid in the vagrante
support of their families, who may be complained of by such
families; all persons who shall have contracted an infectious or
other disease in the practice of drunkenness or debauchery,
requiring charitable aid to restore them to health; all common
prostitutes, who have no lawful employment, whereby to maintain themselves; all able bodied or sturdy beggars, who may
apply for alms or solicit charity; all persons wandering abroad,
lodging in watch-houses, out-houses, market places, sheds,
stables, or uninhabited buildings, or in the open air, and not
giving a good account of themselves; all persons wandering
abroad and begging, or who go about from  door to door, or
place themselves in the streets, highways, passages, or other




588               ACTS RELATING TO THE CITY OF NEW  YORK.
public places, to beg or receive alms, within the said city, shall
be deemed vagrants.
May be ta-  SEC. 2. It shall be the duty of every constable or other peace
ken up for
examination officer, whenever required by any person, to carry, convey, or
conduct such vagrant before the mayor, recorder, or one of the
aldermen or special justices of the said city, for the purpose of
examination.
tndcomamt-  SEC. 3. If such magistrate be satisfied, by the confession of
ted to alims-                  0
house  or te offender, or competent testimony, that such person is a vapenitentiry grant within the description aforesaid, he shall make up and sign
a record of conviction thereof; which shall be filed in the office
of the clerk of the court of sessions; and shall, by warrant,
under his hand, commit such vagrant, if not a notorious offender,
and be a proper object for such relief, to the alms-house of the
said city for any time not exceeding six months, there to be kept
at hard labor; or if the offender be an improper person to be
sent to the alms-house, then such person shall be committed for
the like time to the penitentiary of said city.
toxicated    SEC. 4. Any person who shall be intoxicated under such cirpersons.                                  ~
cumstances as shall, in the opinion of any such magistrate,
amount to a violation of public decency, may be convicted of
such offense by any such magistrate, upon competent testimony,
and fined for such offense, any sum  not exceeding five dollars;
and, in default of payment of such fine, may be committed to
prison by such magistrate, until the same be paid; but such imprisonment shall not exceed five days.
iroungh th   SEC. 5. Any person who shall drive or ride any horse through
streets.   any street, lane, alley or public place, within the lamp district
in the city of New York, with greater speed than at the rate of
five miles in an hour, shall be deemed guilty of disorderly conduct, and upon conviction thereof by any such magistrate, either
upon the confession of the party, or competent testimony, may
be fined for such offense, any sum  not exceeding ten dollars;
and, in default of payment of such fine, may be committed to
prison by such magistrate, until the same be paid; but such
imprisonment shall not exceed ten days.
e cognizan-   SEC. 6. In all cases in which, by the provisions of titles first
the peace.  and second of chapter second of part fourth of the Revised Statutes, any magistrate in the city of New York might require any
person to enter into a recognizance, with sufficient surety or
sureties, to appear at the next court of general sessions, it shall
be lawful for any such magistrate, either in addition thereto, or
in lieu thereof, to require any such person to enter into a
recognizance, with sufficient surety or sureties, to keep the peace




POLICE AND CRIMINAL COURTS.                         5S9
to the people of this state, and particularly to any person requiring such security, for a term not exceeding twelve months;' and
in default of giving such recognizance, with sufficient surety or
sureties, to commit such person, until the same may be entered
into; and the magistrate who may have required such sureties
may, in his discretion, at any time discliarge the same.
SEC. 7. All persons who may have actually abandoned their abrndn~
wives or children in the city of New  York, without adequate their. wives
support, or in danger of becoming a burden upon the public, or
who may neglect to provide, according to their means, for their
wives or children, are hereby declared to be disorderly persons,
within the meaning of title fifth, of chapter twentieth, of part
first, of the Revised Statutes, and may be proceeded against, as
such, in the manner directed by the said title.  And it shall be
the duty of the magistrate, before whom any such person may
be brought for examination, to judge and determine, from  the
facts and circumstances of the case, whether the conduct of any
person amounts to such desertion or neglect to provide for his
wife or children.
SEC. 8. In all complaints before any magistrate in the city of Surety for
New York, for disorderly conduct, it shall be lawful for such vior.
magistrate, if; in his opinion, such disorderly conduct tends to a
breach of the peace, to require the party against whom such
conduct may be proved, either by his or her own confession, or
by competent testimony, to give sufficient surety or sureties for
his or her good behavior, for any term  not exceeding twelve
months, and the magistrate who may have required such surety
or sureties may, in his discretion, at any time discharge the
same.
SEc. 9. The special justices for preserving the peace in the Pover of
~J.0~ J  i l' I   -   i 1 special justi.
city of New York shall respectively have power to let to bail, Pes.
in all cases where a judge of the court of general sessions in
the said city is authorized by law to let to bail.
SEC. 10. In all complaints of assault and battery, tried before cots of trials for asthe court of sessions in the city of New York, the said court sault  ali
shall have power, in its discretion, to order the complainant to
pay the costs incurred by reason of such complaint, and to
commit such complainant to custody until such costs be paid,
provided they shall be satisfied that such complaint was malicious, or without any reasonable or probable cause, and provided
such imprisonment shall not exceed two days.
SEC. 11. If any person, convicted of an offense punishable by Punishment',, VIIVLINV ~L~~NI-~LUI~~AINIV ~J for second
imprisonment in a state prison, shall be discharged, either upon ofense.
being pardoned, or upon the expiration  of his sentence, and
shall subsequently be convicted in the said city of New York,




590              ACTS RELATING TO THE CITY OF NEW  YORK.
of petit larceny, or of an attempt to commit an offense which,
if committed, would be punishable by imprisonment in a state
prison, then the person convicted of such subsequent offense
may be punished by imprisonment in the penitentiary of the
said city, or in a state prison, in the discretion of the court
before whom  such subsequent conviction shall be had, for a
term not exceeding five years.
Punishment
for second   SEC. 12. Every person having been convicted of petit larceny,
ofense.   or of an attempt to commit an offense which, if perpetrated,
would be punishable by imprisonment in a state prison, and
having been pardoned or otherwise discharged, who shall subsequently be convicted in the said city of New  York of petit
larceny, or of any attempt to commit an offense which, if
perpetrated, would be  punishable by imprisonment in a state
prison, may be sentenced by the court, before whom such conviction may be had, in its discretion, to imprisonment either in the
penitentiary of the said city, or in a state prison for a:term not
exceeding five years.
For buying  SEC. 13. Whenever a conviction shall be had in any criminal
stolen property.   court in the city of New York, of any person, for buying or
receiving any personal property feloniously stolen from another,
knowing the same to have been stolen, such person may be
sentenced, in the discretion of the court, to imprisonment in
the penitentiary of the said city, for the same term of time for
which such person may by law be sentenced to imprisonment
in a state prison.
Sitf foaod  SEC. 14. It shall be lawful for the mayor, aldermen, and
vegetables. commonalty of the city of New York, in common council convened, to pass such ordinances, from time to time, as they may
deem necessary for preventing or regulating the sale of all
articles of food, by hawkers, peddlers, petty dealers, or vagrant
persons; also, for regulating the sale, by measure or weight,
or otherwise, of all kinds of fruit and vegetables within said
city.
O old iron,:  SEC. 15. It shall be lawful for the mayor, aldermen, and
brass, etc.
commonalty of the city of New York, in common council convened, to pass such ordinances, from  time to time, as they may
deem necessary, for regulating persons dealing in old iron, brass,
copper, tin, lead, and keeping what are commonly called junk
shops; and it shall be lawful for the said common council to
require all such persons to obtain licenses from the mayor of
said city, on the recommendation of the special justices, for
such dealing, business, or calling, and to have such licenses
renewed, from time to time, as they may direct, and to pay for
such license, or renewal thereof, such sum as they may by ordinance direct, to,be applied towards the support of the poor of
the said city.




POLICE AND CRIMINAL COURTS.                         591
SEC 16..   hoever shall offend against the ordinances that Penaty.
may be passed in pursuance of the fourteenth and fifteenth
sections of this act, shall, for every such offense, forfeit a sum
not to exceed twenty-five dollars, to the use of the poor of said
city, to be recovered with costs, by the said mayor, aldermen,
and commonalty of said city, in any court having jurisdiction
of the same.
SEC. 17. It shall and may be lawful for the mayor, aldermen, irtsror
and commonalty of the city of New  York, in common council
convened, to pass such ordinances as they may, from time to
time deem  necessary, for the purpose of obtaining accurate
returns of the number of births occurring in said city, and to
regulate and control pawnbrokers and dealers in second-hand brkers.
articles, in the exercise of their trade or. business, provided they
do not require a sum exceeding five hundred dollars for a license,
or require them to give security in a sum exceeding ten thousand
dollars; and impose not greater penalties on them than two
hundred and fifty dollars, and also to fix and establish the rate
of interest that shall be taken on any sum.
SEC. 18. If any child shall be found in a state of want and Children
suffering, or being abandoned or improperly exposed, or neglected abandoned
by parents
by their parents, or such other person as may have them  in tobeo prvicharge, or soliciting charity from  door to door, or in any street, dd for.
highway, or public place within said city, the mayor and recorder,
or any two aldermen, or two special justices of said city, shall,
on complaint and competent proof thereof, commit such child
to thle alms-house, or to such other suitable place as the common
council may, from  time to time, establish or designate; there
to be detained, kept, educated, employed, and instructed, in
such proper manner, and at such suitable labor, as such children
may be able to perform, and as will have a tendency to fit them
to become useful citizens, until discharged therefrom  by due
course of law, or by the commissioners of the alms-house of
said city, or until bound out by said commissioners; and the
aforesaid provisions shall extend to the children of all such
persons as may be convicted of being common prostitutes, or
keepers of bawdy-houses, or houses for the re-sort of common
prostitutes.
SEC. 19. [Abrogated.]
SEC. 20. It shall be lawful for the mayor, aldermen and com- ctual
monalty of the city of New York, in common council convened, houses, etc
to pass such ordinances as they may deem  necessary, for the
regulating and licensing of keepers of ordinaries or victuallinghouses; or where fruit, oysters, clams, liquors or meats shall be
sold; and for the' more effectual suppression of vice and immorality, and the preserving of peace and good order in said city;




592               ACTS RELATING TO THE CITY OF'NEW  YORK.
and for the licensing  and otherwise regulating the use and
employment of dirt carts, and to prevent or regulate the firing
of any fire-arms, or the firing or setting off any squibs, gunpowder, rockets or fireworks in said city.
Penalty.
Pe''    SEC. 21. And all persons offending against such ordinances
shall be deemed guilty of misdemeanor, and be punished, on
conviction, before any of the magistrates described in the second
section of this act, by a fine not exceeding ten dollars, or, in
default of the payment of such fine, by imprisonment, provided
such imprisonment does not exceed ten days.
SEc. 22. [Superseded.]
1833. —CHAPTER  CCCXIII.
AN ACT regulating the Fees of Special Justices for preserving the
Peace in the city of New York, and Police Officers (f said city.Passed April 30, 1833.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
oFes of spo.  SEC. 1. The following fees may be exacted, demanded and re[Modified by ceived for the following services, hereinafter specified, that is to
Lawsof 1846,
chap. 802, say: For drawing a deposition, twelve and a half cents; adminrt., ~ 2, istering an oath, twelve and a half cents; for a warrant or
summons, twenty-five cents; for a recognizance or bond, twentyfive cents; for a commitment, twenty-five cents; for a discharge
of a person from prison, twenty-five cents; taking a settlement
or acknowledgement of satisfaction, fifty cents; for a subpoena,
twenty-five cents; for drawing a conviction, fifty cents; for a
special attendance on a hearing, twenty-five cents; for a precept
to summon a jury to inquire of a forcible entry and detainer,
fifty cents; swearing a jury to inquire into the force, twenty-five
cents; for a precept to summon a jury to try a traverse of the
force, fifty cents; drawing a conviction of a forcible entry or
detainer, one dollar; drawing every order in bastardy, one
dollar; drawing every bond of indemnity in case of bastardy,
one dollar; which fees shall be paid by either of the parties, in
the discretion of the magistrate, except in cases of felony, when
the party complaining shall not pay any fees, and likewise in.cases where a party is convicted on a penal statute.
Fees of con-  FEES  TO  CONSTABLES AND MARSHALS.-For serving every
stables and
marshals.  warrant or summons within a mile, fifty cents; and for every
Lawsof1862, additional mile going only, twelve and a half cents; for taking
chap. 484,
ch5  484 a person in custody on a commitment, twelve and a half cents;
for conveying aperson to prison, if within a mile, twenty-five




POLICE AND CRIMINAL COURTS.'093
cents; and for every additional mile going only, twelve a half
cents; for going for or with a person to procure bail, by order
of a magistrate, fifty cents; for serving every subpoena, twentyfive cents, if within a mile, and for every additional mile going
only, twelve and a half cents; for serving every search-warrant,
one dollar, to be paid by the complainant or party complained
of, at the discretion of the magistrate; for arresting andbringing before a magistrate, without any warrant, any person being
intoxicated or having violated any penal law  in his presence,
whereof he or she shall be convicted, or any person committing
a breach of the peace, or disorderly conduct tending thereto, for
which the party shall be required to give surety for good behavior or to answer the same, fees shall be allowed as if the party
had been brought up on a warrant, to be paid by the party
complained of.
SEC. 2. That all persons convicted in said city, for the viola- coss
tion of any law cognizable by such magistrate, may, in addition
to the fine or penalty, be required to pay the costs and charges
accruing therein.
SEC. 3. All former acts regulating the fees of said several Repoa
officers in said city, and for the police office, shall be and the
same are hereby repealed.
1S39.-CHAPTER CCCXLIII.
A N ACT relative to the Collection of Fines and Recognizances
in the city of New  York.-Passed May 6, 1839.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. All the provisions contained in article second, title sectionsto
sixth of chapter eight of part third of the Revised Statutes, apply
from  section sixteen to section forty-second inclusive, shall
apply to the several courts of record of the city and county of
New York, and sections forty-third, forty-fourth and forty-fifth
of the same article are hereby repealed.
SEC. 2. It shall not hereafter be the duty of the district District at.
attorney of the city and county of New York to prosecute prosecute
forfeited recognizances, unless by the express order of the court th ou o.
of general sessions, or of the court of oyer and terminer of
said city and county; and in all cases where he shall prosecute
such recognizance in pursuance of such order, he shall be
entitled to costs; but in no other cases of suits on forfeited
recognizances shall he be authorized to charge the county any
costs.
38




594              ACTS RELATING TO THE CITY OF NEW YORK.
1S44.- CHAPTER CCCXV.
AN  ACT for the establishment and Regulation of the Police of
the city of New Yor7c.-Passed May 7, 1844, by a two-third
vote.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows-:
ART. I.-OF POLICE.
[Sections 1 and 2, repealed by sec. 11, chap. 302, Laws of
1846.]
[The remaining sections of this article superseded by the
Metropolitan Police Act.]
ART. II.-OF CHIEF OF POLICE.
fispectorof  SEC. 1. The offices of inspector of hacks, omnibuses, cabs
and public porters, inspector and deputy inspector of stages,
inspector of carts, keepers of lands and places, are hereby
abolished; and all the duties performed by said officers, shall be
performed by the chief of police, aided and assisted by the
captains of police, assistant captains of police, and by the
policemen, in pursuance of the rules and regulations of the
mayor, in accordance with  the laws of the state and the
ordinances of the common council.
[Sections 2 and 3 repealed by subsequent acts.]
ART. III. [Repealed by Metropolitan Police Act.]
ART. IV.-COMPENSATION OF OFFICERS.
[Sections 1, 2 and 12 of this article repealed by sec. 11, chap.
302, Laws of 1846.]
rmplaints   SEC. 3. In cases of complaints for assaults and batteries, the
ndbatteries magistrate may require that the complainant pay the fees heretofore authorized by law. In case the examination shows that
the complaint is just and legal, the magistrate shall return such
fees to the complainant. Should said complaint be frivolous or
malicious and untrue, the magistrate may charge to the complainant, and receive from  him,: all the costs and fees now
authorized in such proceedings; which costs and fees shall be
paid to the clerks, who shall monthly pay all such fees into the
city treasury, accompanying such payment with an affidavit or
affirmation, that the sums so paid are all the fees received by
them for any matter or cause specified in this section.




POLICE AND CRIMINAL COURTS.                        595
SEC. 4. In the city and county of New York, except by the Proceedings
first and two associate judges of the court of common pleas, of  habea
corpus.
there shall be no costs or fees charged or received upon any
proceedings upon writs of habeas corpus, either by the judge or
commissioner granting them, or by the officer serving them, or
the jailer obeying their orders: and the judge before whom the
matter shall be heard shall, if the case be bailable, and the
amount of bail shall have been fixed by the committing magistrate, only determine whether the party is lawfully committed,
or is legally chargeable with the offense imputed, and shall not
adjudicate upon the question of bail.  The amount of bail
ordered by the committing magistrate, shall, in such cases only,
be altered by a court having jurisdiction of the offense for
which the prisoner was committed; and any officer violating
the provisions of this section shall be guilty of a misdemeanor,
and shall be subject to the pains and penalties for such offense;
the first judge and assistant judges of the court of common
pleas, in and for the city of New York, may charge the fees
now allowed by law in such cases.
[Sections 5, 6 and 7 superseded by Metropolitan Police
Act.]
SEC. 8. All cognizances given to answer to a charge preferred, cognizance,
or for good behavior, or to appear and testify in all cases cog- feited,whero
nizable before courts of criminal jurisdiction, on being forfeited, filed
shall be filed by the district attorney, together with a certified
copy of the order of the court forfeiting the same, in the office
of the clerk of the said city and county, and thereupon the said
clerk shall docket the same in the book kept by him for docketing of judgments, transcripts whereof are filed with him as such
clerk, as if the same was the transcript of a judgment record
for the amount of the penalty; and the recognizance and the
certified copy of the order forfeiting the recognizance shall be
the judgment record; such judgment shall, in good faith, be a
lien on the real estate of the persons entering into such recognizance, fiom  the time of filing said recognizance and copy
order, and docketing the same, as in this section directed; an
execution may be issued to collect the amount of said recognizance, in the same form as upon a judgment recovered in the
court of common pleas of said city and county, in an action
of debt, in favor of the people against the persons entering
into such recognizance.
SEC. 9. All the costs and fees to be charged for entering such costs and
judgment and filing the necessary papers shall be the usual fees
to the clerk for filing papers and entering rules; the district
attorney shall receive no fee or compensation for his services in
the matter, his salary being deemed compensation for all such
services.




596             ACTS RELATING TO THE CITY OF NEW YORK.
[Section 10 repealed by Metropolitan Police Act.]
Provision f   SEC.  1. In cases of offenses committed in the city and county,enses com- of New York, upon persons being, at the time of the offense
on-resi-  committed, in the said city and county, and being non-residents
dents.    of the said city and county, either upon the person of such
non-residents, or by taking or receiving from such non-residents
money or property, the district attorney may apply to any judge
of said city and county, possessing the powers of a supreme
court commissioner, for an order to take the testimony, de bene
esse, of all witnesses in the matter being in but not residing in
said city and county; such judge, in his discretion, may grant
an order so to take such testimony, which order shall specify
the length of notice of such examination that shall be given
)otieto be to the accused.  The district attorney shall serve upon the
c     Oved ~o accused the notice so directed by such judge, the witness shall
be examined in the presence of the accused, his direct and crossexaminations shall be reduced to writing in questions and
answers, and shall be signed by the witness and certified by the
judge; the examination shall, by the officer taking the same, be
filed in the office of the clerk of the court of sessions in the city
and county of New York, and may be used before a grand jury,
and all courts and tribunals having jurisdiction of the subject
matter, in the same manner and with the like effect, as the witness could be, was he personally present upon the trial of the
accused; all questions may be raised to the admissibility of the
testimony of the witness, and to questions and answers that
could be raised to witness and his examination in open court.
costs and    SEC. 13. There shall be no costs or fees charged by any judge
or officer, in ordering, taking, or filing such examinations, except
by the first judge or assistant judges of the court of common
pleas, who may charge and receive the same fees now allowed
by law for taking examination of witnesses.
Sections to   SEC. 14. Sections four, eight, nine, ten, eleven, twelve, and
takeffet. thirteen, of article four of this act, shall take effect immediately.
other parts  SEC. 15. All the other parts of this act shall take effect whenorf-act when
t ake efect ever the mayor and common council of the city of New York,
after the 15th day of May, 1844, shall, by ordinance, adopt this
act; a certified copy of such ordinance shall be sent to and
filed in the office of the secretary of state, and a copy of the
same shall be filed in the office of the clerk of the city and
county of New York, ten days before this act shall take effect.
This act shall not be construed as requiring the mayor and common council to adopt it.
[This act was adopted by the common council, May 23, 1845.
See Vol. XIII, Proceedings of Board of Aldermen and Assistants, p. 36.]




POLICE AND CRIMINAL COURTS.                        59.7
1845.-CHAPTER CCXXIX.
AN ACT in relation to Judgments upon Recognizances filed with
the County Clerk of the city and county of New York.-Passed
May 13, 1845.
The People of the State of New York, represented in Senate and
Assembly, do enact asbollows:
SEc. 1. The judgments docketed with the county clerk of Jutgmets
the city and county of New York, upon recognizances filed by common
the district attorney, under section eight, article four, of the act, pleas
entitled, "An act for the establishment and regulation of the
police of the city of New York," passed May 7, 1844, and the
executions to be issued thereon, shall be subject to the jurisdiction and control of the court of common pleas for the city and
county of New York, in the same manner as if such judgments
had been docketed in said court.
SEC. 2. This act shall take effect immediately.
1846.-CHAPTER CCCII.
AN ACT to amend an act, entitled "An act for the Establishment
and Regulation of the Police of the city of New York," passed
May 7th, 1844.-Passed May 13, 1846, by a two-third vote.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
ART. I.-OF POLICE.
SEC. 1. The watch department, as at present organized, is Watch de.
hereby abolished, together with the office of marshals, street bolish.
inspectors, health wardens, fire wardens, dock masters, day
police officers, Sunday officers, inspectors of pawnbrokers' and
junk shops, and of the officers to attend the polls at the several
election districts of the city and county of New York, and superintendent of roads of the Twelfth ward of the said city, except
the office of mayor's or first marshal.
[The remaining sections of this article superseded by Police
Act of 1853 and Metropolitan Police Acts.]
ART. II.
SEC. S. [Amended by sec. 6, of chap. 436, Laws of 1849, to Booksof
~ pawnread as follows:] The mayor, chief of police, and the policerkers to
justices and captains of police, and by their, or by either of beeaed
their orders, shall have power to examine the books of any
pawnbroker, his clerk or clerks, if they deem it necessary, when




598              ACTS RELATING TO THE CITY OF NEW  YORK.
in search of stolen property, and any person having in his possession a pawnbroker's ticket, shall, when  accompanied  by a
policeman, or by an order from  the mayor, chief of police,
captain of police, or special justice, be allowed to examine the
property purporting to be pawned by said ticket; but no property shall be removed from the possession of any pawnlbroer,
without the process of law required by the existing laws of
this state, or the laws and ordinances of the city of New York,
regulating pawnbrokers.  A  refusal or neglect to comply in
any respect with the provisions of this section, on the part of
any pawnbroker, his clerk or clerks, shall be deemed a misdemeanor, and punishable as such.
ART. III.
SEC. 1. [Superseded by Metropolitan Police Act.]
Restriction.   SEC. 2. No fees or compensation shall be charged or received
by any magistrate, clerk, officer, policeman or constable, for the
arrest of any prisoner, or for mileage, or for receiving any
prisoner into the prison, or for discharging him from the same;
and no fees or costs shall be charged or received for the issuing
of any warrant, subpoena, or other process, or for the taking of
a complaint, bail or affidavit, except as hereinafter provided.
Any magistrate or officer, violating the provisions of this section,
shall be guilty of a misdemeanor, and shall be subject to the
pains and penalties for such an offense.
SEC. 3. [Superseded.]
Duty of   SEC. 4. It shall be the duty of the sheriff, in all cases of
sheriff   forfeited recognizances, placed by the district attorney with him
for collection, to report to the chief of police the moneys
collected on such judgments, immediately after the receipt of
the same, and in case the amount of the judgment cannot
be collected upon any forfeited recognizances, he shall, imnmediately after the expiration of the time limited by law  for
making such collections, make a return of the same, with the
causes of failure, to the chief of police, who shall, in all cases
mentioned, enter into the book aforesaid the result thereof,
opposite to the names of the persons who had become bail in
such cases.
Names or   SEC. 5. Upon receiving information fromn the sheriff of failure
delinquents    clc
tobe regis. to collect the amount of any forfeited recognizances, from the
tered.    person or persons who had become bail in such case, the chief
of police shall notify the court of sessions and the police
courts of the names of such persons, and it shall be the duty of
the clerks of said courts to register the same into a book, to
be kept in said courts for that purpose.




POLICE AND CRIMINAL COURTS.                        599
SEC. 6. No person registered, as provided in the last preced- Snuothrsons
not to be
ing section, shall be received, by any judge or magistrate, as bail taken as bail
for any person charged with any offense whatever; and in
all cases of bail taken for persons charged with any criminal
offense, the judge or magistrate taking the same shall require
the person so becoming bail to make affidavit, in writing, that
they are worth the amount for which they propose to become
bail, which affidavit shall also include a description of the
property constituting the amount of their liability.
SEC. 7. No officer, authorized to let to bail a person charged rovision
with any criminal offense, shall accept as bail any member ofbail.
the police department, keeper, assistant keeper or turnkey of any
prison, or place of detention for persons charged with any
criminal offense, or any attorney or counsellor practicing in the
court of sessions.
SEC. 8. No officer, other than the  committing magistrate, Bail, by
whom to be
shall let to bail any person charged with a criminal offense, taken.
unless notice of the application to bail such person shall have
been given to the district attorney of the city and county of
New York, at least two days before such application, specifying
the name of the officer, the time and place when and where
such application will be made, and the names and residence of
the proposed bail, and the original commitment and proofs upon
which it is founded, shall have been presented to the officer to
whom the application for bail is made. The persons having the
custody of such commitment and'proofs shall, when required in
writing, produce the same before the officer last mentioned.
SEC. 9. The examination of a non-resident witness, or a itnesses.
witness about to depart beyond the jurisdiction of the court,
may, on the application of the district attorney, or the party
accused, upon his giving notice to the district attorney, be taken
in the manner provided in section eleven of article four of the
act hereby amended.
SEC. 10. Sections twenty and twenty-one, of an act entitled Sections of
" An act relative to the powers of the common council of the toapply.
city of New York, and the police and criminal courts of said
city," passed January 23d, 1833, shall apply to carts and cartmen,
cabs- and cabmen, hackney coaches and hackney coachmen,
stages and accommodation coaches, or omnibuses and their
drivers, and public porters and hand cartmen.




600               ACTS RELATING TO THE CITY OF NEW YORK.
1852. —CHAPTER  LIV.
AN  ACT to amend an act, entitled " An act in relation to Justices,
and Police Courts in the city of New  York," passed March
thirtieth, one thousand eight hundred and Jfrty-eight, and the
several Acts amendatory thereto. —Passed March 5, 1852.
The People of the State of New  York, represented in Senate and
Assembly, do enact asfollows:
vacancies,   SEC. 1. Whenever a vacancy shall exist or occur in the office
fied, etc  of justice of justice's court or police justice in the city of New
[See Laws of York, such vacancy shall be filled at the next ensuing election in
1857, chap. 
793,ant tit.the city of New York, for the unexpired term, commencing
iourts.   with the political year next after said election; and the police
justices elected in said city, at the annual election held on the
fourth day of November, eighteen hundred and fifty-one, shall
enter upon the performance of their duties at the same time,
and hold' their offices for the same term, and their successors
shall be elected in the same manner, and for the same time, as
is provided in the act hereby amended, in relation to the said
justices of justice's court, passed July eleventh, one thousand
eight hundred and fifty-one.(1)
SEC. 2. This act shall take effect immediately.
1853.-CHAPTER  CCXXVIII.
AN ACT in relation to the Police Department in the City and
County of New  York.-Passed April 13, 1853.
The People of the State of New York, represented in Senate and
Assembly, do enact-as follows:
ART. IV.
SEC. 5. Sections twenty and twenty-one of an act entitled
"An act relative to the powers of the common council of the
city of New York, and the police and criminal courts of said
city," passed January 23, 1833, shall apply to all penal ordinances passed by the common council of said city.
(1) NOTE.-By the act of July 11, 1851, the justices of the justices' courts were to
hold office for six years from the first day of January next succeeding their election.




POLICE AND CRIMINAL COURTS.                         601
1855.-CHAPTER  CCLXVIII.
AN ACT to amend an act, entitled " An act requiring the Police
Justices in the City of New York to file Records of all Convictions of Vagrancy," passed April twelfth, one thousand eight
hundred andfifty-three.-Passed April 10, 1855.
The People of the State of New  York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The police justices of the city of New York shall, cordoent
in every case of commitment for vagrancy, file or caused to be forvagrany
filed in the office of the clerk of the court of general sessions
of the peace, in and for the city and county of New York, a
record of the proceedings had before them or either of them,
and such record shall contain, as part thereof, the proofs, or confession taken by such justice, together with the prisoner's
examination.  Which record shall, be substantially in the following form:
"The undersigned, one of the police justices of the city of
New York, hereby certifies, that A. B. was this day brought
before me on a charge of being a vagrant, or, [on his own confession of being a vagrant, as the case may be,] and that upon
diligent inquiry and examination made of the charge so preferred against the said A. B., and upon the proofs, and the examination of said A. B., hereto annexed, it appearing that the said
A. B. is a vagrant within the provisions of the statutes in such
case made and provided; therefore, I, the said justice, did so
adjudge, and thereupon I, the said justice, by warrant under
my hand and seal, committed him, the said A. B., so adjudged
to be a vagrant as aforesaid, to the [penitentiary, work-house
or alms-house, as the case may be].
"In witness whereof, I, the said justice, have hereunto set
my hand and affixed my seal, this         day of, A. D.
185
" C. D., Police Justice.  [L. S.1"
SEC. 2. No person committed to the penitentiary, workhouse or alms-house, as a vagrant as above directed, shall, unless
upon a writ of habeas corpus or certiorari, except by an order of
two of the governors of the alms-house, be discharged before
the expiration of the term for which he was so committed.
SEC. 3. Any police justice, violating any of the provisions
of this act, shall be deemed guilty of a misdemeanor.
SEC. 4. All acts and part of acts, inconsistent herewith, are
hereby repealed.
SEC. 5. This act shall take effect immediately.




602              ACTS RELATING TO THE CITY OF NEW YORK.
1S58.-CHAPTER CCLXIV.
AN ACT  in relation to the appointment of Police Justices'
Clerks in the city Qf New York, and their duties.-Passed April
16, 1858, " three-fifths being present."
The People -of the State of New York, represented in Senate and
Assembly, do enact as bfllows:
Police jls-  SEC. i. The police justices in the city and county of New
tices may
appoint a York shall severally have power to  appoint a clerk, to be
clerk.    denominated police justices' clerk, whose term  of office shall
extend to the end of the term for which the justice so appointing
him is elected; subject, however, to removal by the board of
supervisors of the county, upon charges duly preferred, and
upon a fair trial by said board. The accused must be served
with a copy of the charges and specifications, and shall be
entitled to appear by counsel.
etyrkSo    SEC. 2. It shall be the duty of the clerks so appointed to
attend daily at the police courts at which the justices by whom
they are appointed shall severally be assigned, and, among other
things, to reduce to writing all cxa.minations and depositions, and
to make out, in due form, all recognizances, and all warrants or
other precepts which shall be made, taken, or issued before or
by any magistrate in the said police court, and generally to do
and perform  all such service and business in the said police
court as shall be necessary to be done and performed in writing,
and to do and perform every such other reasonable service and
business relating to their trust as shall berequired of them  by
the-magistrate or magistrates, who at the time shall be and
attend in the said police court; and they shall have the charge,
under the direction of the magistrates, of all recognizances,
examinations, and depositions which shall have been taken or
lodged in the said police court, until the same shall be delivered
to the district attorney, or otherwise filed in the proper office,
according to law, as the case may be, and of all other papers in
the said police court.
Fi"es.     SEC. 3. All fines imposed by the several police courts shall
be received by the justices' clerks thereof respectively, who shall
return the same monthly, under oath, to the chamberlain of
said city.
Oath of    SEC. 4. Before entering upon the duties of their office, the
office.    said clerks, appointed as aforesaid, shall severally take and subscribe, before the clerk of the county, the oath of office prescribed
by the constitution, which oath shall be filed in the office of
said county clerk. They shall also severally execute a bond, to
the people of the state, in the penal sum of one thousand dol



POLICE AND CRIMINAL COURTS.                            603
lars, with sufficient sureties, to be approved by the city comptroller, conditioned for the faithful performance of their duties
according to law, which bond shall be filed in the office of the
said comptroller.
SEC. 5. The salary of the clerks appointed under this act salary.
shall be the same as now fixed by law, for the present police
court clerks, and the same shall be paid to them  in monthly
payments.
SEc. 6. The police justices shall have power to appoint, for ther cleri
cal help may
the respective courts at which they may be assigned, such other be employed
clerical help, to be denominated " assistant clerks," as shall be
deemed to be necessary by the board of supervisors of said
county, upon the application of the said justices.  The salary of
the said assistant clerks shall be fixed by the board of supervisors, and their term of office shall be the same as the clerks
aforesaid, subject to the same power of removal by the board of
supervisors.
SEC. 7. The offices of clerk of police or police court clerk,
and of scrivener, as now existing, are hereby abolished.
SEc. 8. All acts and parts of acts, as well as all ordinances,
inconsistent herewith, are hereby repealed.
SEC. 9. This act shall take effect immediately.
1859.-CHAIPTER  CCCCXCI.
AN ACT in relation to the Court of Special Sessions in the City and
County of New York, and of the Powers of Police Justices.-Passed
April 19, 1859, " three-fifths being present."
The People of the State oJ New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. In all cases of misdemeanors, in the city and county Persona acof New  York,  where  the  accused,  upon  being  arrestedd~enfor'
and brought before the committing magistrate, shall elect to maybetriedo
have his case heard and determined by the court of special special sessessions in said city and county, agreeably to the provisions of'n
section five of chapter three hundred and thirty-seven, Laws of
eighteen hundred and fifty-five, the affidavit of complaint shall
be forthwith filed with the clerk of said court, to the end that
said court may proceed to hear and determine the same according to law. If the accused be admitted to bail, after electing
to be tried by the court of special sessions, a recognizance shall
be taken for the appearance of said' accused at said court of




604              ACTS RELATING TO TIE CITY OF NEWT  YORK.
special sessions, which shall also be filed with the clerk of said
court, and if the accused shall fail to appear, pursuant to the
condition of said recognizance, the said court shall, by an order
entered in their minutes, direct the same to be forfeited, and the
clerk thereof shall return said recognizance, with a certified copy
of the minutes of the court forfeiting the same, to the district
attorney of the city and county of New York, to the end that
said accused and sureties may be prosecuted thereon according
to law.
Powers of   SEC. 2. The court of special sessions in and for the city and
cialsessions. county of New  York shall have power, by warrant tested in
the name of any one of the justices authorized to hold said court,
and signed by the clerk thereof, and entered in the minutes, to
enforce its judgments and orders; to bring before said court all
accused persons for trial or judgment in all cases in which they
have jurisdiction; to issue subpoenas for the attendance of witnesses, attachments for contempt, and other process necessary
for the proper conduct of said court, the same to be tested in
like manner and signed by said clerk; and subpoenas issued for
the attendance of witnesses in said court shall be served by some
proper person or persons, under the direction of the clerk thereof.
Witnesses    SEC. 3. When any person shall have been committed as a
may be paid
in certain witness in behalf of the people of this state, in any cause pendc.    ing in the court of special sessions of the city and county of
New York, and it shall appear that such person is poor, the said
court, in its discretion, may, by an order in its minutes, direct
the county treasurer to pay such witness such sum of money,
not exceeding ten dollars, as shall seem reasonable to the court.
The clerk of said court shall immediately make out and deliver
a certified copy of such order to the person in whose favor the
same is made, without exacting any fee for such service.  Upon
the production of such certified copy to the county treasurer,
he shall pay to the person authorized to receive the same the
sum of money so directed to be paid, which shall be allowed to
said treasurer in his accounts.
Fines.     SEC. 4. Fines imposed by the court of special sessions shall
not be remitted without the concurrence of all the justices holding the court at the time the fine was imposed, unless the person fined has served in prison one day for each dollar of the fine.
Intoxication SEC. 5. In all cases of arrest for intoxication or disorderly
ordisorderl conduct in the city of New York, the police justices shall have
power, in addition to holding the party to bail for good behavior,
to impose a fine not exceeding ten dollars in each case, or to
commit to the city prison, not exceeding ten days; each day of
imprisonment to be taken as a liquidation of one dollar of the
fine. The governors of the alms-house shall not, in the cases
where by law  they are empowered to discharge vagrants from




POLICE AND CRIMINAL COURTS.                        605
the institution under their control, hereafter discharge any of said
vagrants from custody, before the expiration of their terms of
imprisonment, without the written consent of the committing
magistrate in each case. All fines collected by wardens of prisons shall be paid by them to the clerks of the courts by whom
said fines were imposed; and said clerks shall return the same
monthly, under oath, to the county treasurer, with the names of
the persons paying the same, and the amount paid, by each.
SEC. 6. All acts or parts of acts, inconsistent herewith, are
hereby repealed.
SEc. 7. This act shall take effect immediately.
1860.-CHAPTER DV.
AN ACT to provide for a Police Court in the city of New York.Passed April 17, 1860, " three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The comptroller of the city of New York, the presi- ertain
officers of
dent of the metropolitan police commissioners, the president ofN.Y. city
the board of supervisors in the county of New York, and the two houYs ofvde
police justices now assigned to the fourth district police court, tention
and president of board of aldermen and councilmen of said city,
are hereby constituted a board of commissioners, to locate and
erect, in the city of New York, a suitable building to be used as
a court house and place for detention of prisoners brought to the
police court in said district.  The said commissioners, or a
majority of their number, shall have power to do any act required to be done by them under the provisions of this act; and
the ground and buildings so to be purchased and erected shall
be the property of the city of New York.
SEC. 2. The said commissioners are hereby authorized and Dut of
empowered, upon the passage of this act, or as soon thereafter sioners.
as conveniently may be, to select from the real estate owned by
the corporation of the city of New York, if in their opinion a
suitable location may be secured thereby, or if they shall determine that such location cannot be thereby secured, to purchase
the necessary grounds for, and to erect thereon the necessary
building for the purposes herein designated, and in the performance of such duty to employ the necessary assistants; for which
payment shall be made by the comptroller of said city, in the
usual method for making payments for city purposes, upon
vouchers, to be approvedby the said commissioners, or a majority
of their number: Provided, however, that the whole expense,
including purchase of ground, the erection of buildings, and all




606              ACTS RELATING TO THE CITY OF NEW YORK.
incidental expenses, shall not exceed the sum of fifty thousand
dollars; which amount the board of supervisors of the county of
New York are hereby directed to levy and raise by tax, in the
year eighteen hundred and sixty, upon the estates, real and personal, within said city, subject by law to taxation.
SEC. 3. So much of the premises as may be set apart as a place
for the detention of prisoners, as aforesaid, shall be maintained
and controlled by the commissioners of public charities and correction. The board of police j ustices shall designate and regulate
the portions of said buildings which shall be set apart for the use
of the police justices.  [As amended by ch. 271, Laws of 1862.]
SEC. 4. A sum  equal to the amount actually paid for the
ground upon which the said building is located, to wit: twelve
thousand dollars, is hereby authorizedto be applied for the completion of said building in the manner provided for in the second
section of the act hereby amended; which amount the board of
supervisors of the county of New York are hereby directed to
levy and raise by tax in the manner provided by law  for levying
taxes, in the year eighteen hundred and sixty-two, upon the
estate, real and personal, within said city, subject by law  to
taxation.  [As amended by ch. 271, Laws of 1S62.]
1860.  CHAPTER  DVIII.
AN  ACT in relation to Police and  Courts in the city of New
York. Passed April 17th, 1860, " three-fifths being present."
The People of the State  f' Newu Yor7, represented in Senate and
Assembly, do enact as follows:
Recognizan-  SEC. 1. Every recognizance to keep the peace, or to be of
ces  to keep                  z'
the peace. good behavior, or for both (except such recognizances for good
behavior as shall be taken on conviction of disorderly persons,
and such recognizances to keep the peace as shall be made
returnable to the court of general sessions of the peace), that
shall be entered into in the city and county of New  York,
shall be forthwith filed in the office of the clerk of the court of
Duty of  special sessions in said county; and whenever it shall appear
dstrict at-that any such recognizance has been violated, it shall be the
recognizance duty of the district attorney in said county to move before the
has  been
violated.  said court of special sessions for the forfeiture of the recogniCourt may zance. The said court of special sessions may, upon proof of
diect recog- the violation of any such recognizance, direct the same to be
beforfeited. forfeited, by an order entered in their minutes; and the clerk
of said court shall return the said recognizance, when forfeited,
with a certified copy of the minutes of forfeiture, to the said




POLICE AND CRIMINAL COURTS.                         607
district attorney, that it may be prosecuted.  Any act or;
behavior on the part of the principal in such recognizance, which
would have been cause for an order to find surety for good
behavior or to keep the peace in the first instance, shall be
deemed a breach of the condition of such recognizance.
SEC. 2. It shall be the duty of the said district attorney to District at.
prosecute all such recognizances so forfeited and returned, as prosecute.
soon as may be; and no settlement in the case of any such
prosecuted recognizance shall be made, unless expressly approved by a resolution of the board of police justices hereinafter
mentioned.  All moneys whatsoever, arising out of any prosecutions that shall come into possession of said district attorney,
shall be paid into the county treasury, for the use of the county
of New  York, monthly, to wit: on the first Monday of each
month, with a particular statement of the items, in such form
as shall be approved by the comptroller of the city of New
York.
SEC. 3. Every person who shall threaten to abandon, or who Any ono
shall have actually abandoned his family, wife or child, in the or abandon.
ing family,
city of New York, without adequate support, or in danger ofdeclared a
becoming a burden upon the public, or who may neglect to dsrderly
provide according to his means for his family, or any member
of said family, is hereby declared a disorderly person. All provisions of law, in relation to disorderly persons in the city of
New York, shall apply to any person so offending; and any
member of the defendant's family, of otherwise legal qualifications, shall be a comptent witness to be examined. In case the Defendant
may be exdefendant shall offer himself to be examined under oath, he shall aminedas a
be examined like any other witness.
SEC. 4. In case of the conviction of any such person as a Proceedings
disorderly person, the magistrate  convicting  shall make an onyvction.
order specifying a certain sum  to be paid to the governors
of the alms-house department of said  city, weekly, for and
towards the support of the family of said defendant; and all
provisions of law in relation to the enforcement of orders for the
support of bastard children in said city, after conviction, shall,
as far as practicable, apply to the enforcement of any order
Mnade in pursuance of this section, by the magistrate convicting; except that the order shall be for the stated period of one
year, and that any appeal from, or amendment' to, said order
shall be exclusively for the action of the court of special sessions aforesaid.
SEC. 5. No person who shall have been convicted as a dis Persoonsc'n.
orderly person, as aforesaid, and who shall have been com- this  act,
mitted to prison, in pursuance of the provisions of the pre- charged.
ceding section  of this act, shall be discharged therefrom,




608              ACTS RELATING TO THE CITY OF NEW YORK.
without the written approval of the magistrate making the
commitment; except he be discharged by a court of competent jurisdiction, or other legal proceedings for that purpose.
Proceedings,  SEC. G. Any proceeding, now authorized to be taken before
taken.    any two police justices in said city, may hereafter be taken
before any one of the said justices; and any action upon or
in furtherance of any such proceeding, so taken before any
one of said justices, may be done by the said justice with
the same power, force and effect that it may now be done by
any two of said justices; and all provisions of law applicable
to any such proceeding or action, before or by any two of
said justices, shall apply, as far as practicable, to any such
proceeding or action, before or by any one of said justices;
but nothing  contained in this section  shall be construed to
apply to any proceeding or action now required by law to
be taken in the court of special sessions aforesaid.
Complaints.   SEC. 7. Whenever complaint on oath and in writing shall be
made before any one of said police justices, that any person has
committed a breach of the condition of any recognizance, the
forfeiture and prosecution of which is provided for in this act,
the said justice may issue his warrant for the arrest of said person so complained of; and, upon said person bi being brought
before him, the said justice shall proceed in the same manner, as
far as practicable, as is now prescribed by law for the prosecution, examination, discharge, committal or bailing of persons
charged with misdemeanors, before police justices in said city.
In case the person so complained of cannot be found within
thirty days, it shall be the duty of said police justice to return
said complaint to said court of special sessions, in the same
manner as complaints for misdemeanors are now returned, with
his certificate of the fact; and the said court of special sessions
shall proceed thereupon as is provided in this act
ioPrceoergs  SEC. 8. Upon such complaint, mentioned in the preceding
special ses- section of this act, being sent to said court of special sessions,
the said court shall thereupon proceed to examine and determine the same, in like manner as complaints in cases of misdemeanors are heard and determined in said court; and if it shall
appear to said court that the principal in such recognizance has
committed a breach of the condition of such recognizance, the
said court shall thereupon pronounce such judgment, and that
the recognizance be forfeited, as aforesaid.
Recogni.   SEC. 9. The recognizance taken from any person so complained
cAn"e   of, in pursuance of the provisions of the seventh section of this
act, shall be exclusively for appearance at the court of special
sessions, aforesaid; and it may, as well as any other recognizance
which the said justices may be authorized to take, for the




POLICE AND CRIMINAL COURTS.                          609
appearance at said court of sessions of any person charged with
a criminal offense, or with any misconduct whatever, require,
as a condition of such recognizance, that in the mean time, and
until such recognizance shall have been discharged, the said
person so recognized shall keep the peace, or be of good behavior, or both, towards the people of the state of New  York;
and such recognizances shall be subject to forfeiture and prosecution in like manner as is provided in the first and second
sections of this act, for the forfeiture and prosecution of recognizances by the court of special sessions and district attorney
aforesaid.
SEC. 10. Whenever it shall appear to the said court of special Proceedings
sessions that any breach of the condition of any recognizance specil seshas been made, the forfeiture and prosecution of which is pro-bresch  o 
vided for in this act, the said court shall have power to cause the conditions of
principal in said recognizance to be brought before it.  If it
shall appear that the principal cannot be found, then the said:court shall cause reasonable notice to be given to the surety or
sureties, who, if the principal does not appear, may come in and
defend; but in case there, be no appearance of principal or
surety after such notice, or no defense, the said court may proceed to examine and determine the said matter with the like
power, force and effect as if the principal or surety, or both,
were present and defending.
SEC. Il. Whenever any person shall have been recognized to Court may
appear at the said court of special sessions, and shall have therrecogni
appeared as bound by such recognizance, and said court shall Z"c.e
have heard the matter in pursuance of which such recognizance
shall have been taken, the said court may, in its discretion, and
if the circumstances of the case shall seem to demand it, determine and require that the principal in such recognizance do
enter into a further recognizance to keep the peace, or to be of
good behavior, or both, towards the people of the state of New
York, for a period not to exceed one year; and in default thereof
to commit said principal to prison till he be discharged therefrom according to law. The provisions of this section shall also Provisions
of act to apapply, as far as practicable, to any person who shall be before ply in other
said court with or without process, for any misdemeanor or mis-s
conduct whatever.
SEc. 12. Any recognizance to keep the peace, or to be of Courtma
-fix amount
good behavior, or both, taken by any police justice in said city, of recogni-or by said court of special sessions, may be for any sum that any  ce.
court in said city is now  authorized to fix in any such recognizance.
SEC. 13. All provisions of law in relation to the taking and Polvlsions
discharging of recognizances to keep the peace in said city, by tivetorecog,
one of said police -justices, shall apply, as far as practicable, to apply;
39




610               ACTS RELATING TO THE CITY OF NEW  YORK.
the taking or discharging, by the said court of special sessions,
of any recognizance authorized to be taken under the provisions
Conditons of of this act.  Whenever any recognizance to keep the peace, or
recognizance to be of good behavior, shall be discharged before the expiration of the period for which it shall have been taken, the court
or magistrate discharging may require, as a condition of such
discharge, that a fine, not to exceed the amount a police justice
in said city is now authorized to inflict for disorderly conduct
tending to a breach of the peace, shall be paid, for the use of
the city or county of New York, as the case may be.  And all
Finesd fines so paid into any police court of said city, or into the court
of special sessions aforesaid, shall be paid into the city or county
treasury, as the case may be, under like provisions as now exist
for the payment of fines collected in either of said courts for the
use of said city or county.
ofrecooni-  SEC. 14. All provisions of law in relation to the prosecution
Z"aces. of recognizances for appearance of persons charged with crimes
and misdemeanors in said city after forfeiture, shall, as far as
practicable, apply  to  the prosecution of any recognizance
provided for by this act.
Wherb re.  SEC. 15. Every recognizance for appearance at the said court
of special sessions shall be returnable as recognizances for
appearance are now returnable to said court; and every recognizance for appearance at said court, or that shall be taken before
said court, shall be subject to forfeiture and shall be prosecuted in the manner provided in this act for the forfeiture and
prosecution of recognizances by the court of special sessions and
district attorney aforesaid.
Costs of re-  SEC. 16. Whenever a recognizance to keep the peace, or to
cognizance
to be aid be of good behavior, shall be ordered by any magistrate or court
by persons in said city and county, the said magistrate or court may require
entering
nto  cog-the person so ordered to enter into such recognizance, to pay
one dollar as the cost of such proceeding, and, in default of
payment thereof, may commit the person so ordered to prison
Costs, when until the same be paid, for a period not to exceed one day.  All
ad towhom costs collected in pursuance of this section shall be paid over
forthwith, if collected in a court of record, to the clerk of such
court; and if collected in a police court or elsewhere, to the
chief clerk of the police court of the district in which such
Moneys co- cost shall have been levied.   All moneys so collected shall
lected to hbe.   4a
paid  into be paid over to the city or county treasury, as the case mlay
city or coun be, in like manner and for like purpose as other costs, fees,
fines or emoluments are now  directed by law  to be paid by
such clerks.
Wtnesses    SEC. 17. Whenever any magistrate in said city shall bind
bound over over, or commit any person for his appearance at said court of
zs=eoni special sessions, to answer any criminal charge or other miscon,




POLICE AND CRIMINAL COURTS.                        611
duct, he may also bind over the witnesses for the prosecution
to appear and be examined in said court, in the same manner that
any magistrate may now bind over, by recognizance, witnesses
to appear and be examined in the court of general sessions of
the peace aforesaid; and the said court of special sessions shall
have power to bind over, in similar manner, each and every
witness for the prosecution, in any matter to be heard and
determined by said court.  All provisions of law in relation to
proceedings after orders for the recognizance of witnesses to. ofthis ct,
appear at said court of general sessions, shall, as far as practi- hnto a
cable, apply to any order to enter into recognizance made in-Pply.
pursuance of this section for the enforcement thereof; and all
the provisions of this act in relation to the violation, forfeiture,
prosecution, settlement or discharge of any other recognizance
shall apply, as far as practicable, to any recognizance taken
under the provisions of this section.
SEc. 18. If any person in said city and county shall be found,arsomn
by night armed with any dangerous or offensive weapon orwith evident
instrument whatsoever, with intent to break or enter into any commit felodwelling house or other building whatsoever, and to commit any y guilty of
larceny or felony therein, or with the intent to commit any or.
larceny or felony; or if any person shall be found, by night,
having in his possession any pick-lock,key, crow, jack, bit, jimmy,
nippers, pick, betty, or other implement of burglary, with the
intent aforesaid; or if any person shall be found, by night, in
any dwelling house or other building whatsoever, with intent
to commit any larceny or felony therein, under such circumstances as shall not amount to an attempt to commit felony,
every such offender shall be deemed guilty of a misdemeanor. Ifha eldoley
any person shall commit any such offense after a previous conviction, either for felony or petit larceny, or such misdemeanor
as aforesaid, he shall be deemed guilty of felony, and may be
punished by imprisonment in a state prison, not to exceed five
years.
SEC. 19. Whenever any magistrate in said city and county Magistrateu
shall make an order requiring any person to enter into a recog- the otn con-..,^,~ "....,i y  eMitting may
nizance for his appearance at any court in said city and county, let to bail.
the said magistrate may authorize any other magistrate of said
city and county to let said person to bail, either before or after
commitment; and any recognizance so taken shall be of the same
power, force and effect as if taken by the magistrate making the
order.
SEC. 20. Every person in said city and county shall be deemed wdhadtdem:
guilty of disorderly conduct that tends to a breach of the peace, ly conduct.
who shall in any thoroughfare or public place in said city and
county commit any of the following offenses, that is to say:
1. Every person who shall suffer to be at large any unmuzzled  muzles.
ferocious or vicious dog.




612               ACTS RELATING TO THE CITY OF NEEW YORK.
Prostitutes.   2. Every common prostitute or nightwalker loitering or being
in any thoroughfare or public place for the purpose of prostitution or solicitation, to the annoyance of the inhabitants or
passers-by.
Threaten ing
or insultig   3. Every person who shall use any threatening, abusive or
behaior.]ag                                               0
behavior  insulting behavior, with intent to provoke a breach of the peace
or whereby a breach of the peace may be occasioned.
Magistrate
may order   SEC. 21. Whenever it shall appear, on oath of a credible witertain per- ness, before any police justice in said city and county, that any
sons complainedofon person in said city and county has been guilty of'any such
oath of cred-                     cn           been
ible witness- disorderly conduct as in the opinion of such magistrate tends to a
es.     breach of the peace, the said magistrate may cause the person
so complained of to be brought before him  to answer the
said charge.
Fluties of    SEC. 22. The police justices at each police court in said city
clerks of
court may shall from time to time prescribe the duties of the clerks in said
be prescribed by justi. court; and the said clerks shall perform the duties so precribed
ces.    under the direction-of one of their number, who shall be selected
by the said justices, and who shall be known and designated as
the chief clerk.
Reckrd  to  SEC. 23. There shall be kept, by and under the direction of
thechief clerks of the police courts in said city, a record of the
business of the several police courts to which they may be
assigned, and in such form  and manner as shall be prescribed
from time to time by the several police justices of said city in
convention. The said convention shall be known and designated
as the board of police justices of the city of New York; and the
chief clerks of said police courts shall present to the said board
monthly statements and copies of such records.
Statemgnts   SEC. 24. The said board shall cause such statements  and
and copies to
be filed by copies to be filed and preserved; and they may designate either
clerk.
or all of the clerks in the police courts, or of the clerks of the
court of special sessions in said city and county, to file and preserve them. The clerks so designated shall perform such duties
as may be prescribed, from time to time, by said board, under
the direction of one of their number, who shall be selected by
said board, and who shall be known and designated as the chief
clerk; and they shall be also known and designated as clerks of
the board of police justices. The statements and copies aforesaid shall be filed and preserved in an office, to be called the
office of the chief clerk of the board of police justices.
ogard to be  SEC. 25. It shall be the duty and it is hereby required of said
organized on
assage of police justices, to organize the said board immediately after the
passage of this act; and the said board, in addition to causing




POLICE AND CRIMINAL COURTS.                         613
the statistics of said police courts to be accurately collected,
filed and preserved, as herein enjoined, shall also cause to be
filed and preserved, in the office aforesaid, such resolutions and
recommendations as they may from time to time approve, for the
better maintenance of morals and order in said city.
SEC. 26. The compensation of the said police justices, for all tcon ofjtiservices rendered by them, shall continue to be the same as they ~~
now receive, and shall be paid out of the city treasury; and for
the additional duties imposed in this act, the common council or
board of supervisors, in said city and county, may increase the
compensation of any officer mentioned herein. The compensation
of the police justices' clerks of the several districts shall be the
same as is now fixed by law for the clerks of the district courts
in said city, and shall be paid in the same manner.
SEC. 27. The clerks in said police courts, not enumerated in m.Desgnartio
the preceding section, shall have a uniform designation, and they
shall hereafter be known and designated as police court clerks
of the respective districts in which they may serve; and they
shall perform their duties at such police courts in said city to
which they may hereafter from time to time be assigned by the
said board of police justices.  Their compensation shall be the
same as fixed by law, before this act, for the police justices'
clerks.
SEC. 28. Any clerk mentioned in this act, except the clerks clerks, how
of the court of special sessions, aforesaid, may be removed, for
cause, by said board of police justices; but no such removal
shall be made without the concurrence of six members of said
board, and on complaint of the justice or justices who appointed
such clerk, nor until such clerk shall have had an opportunity
to be heard in his defense.
SEC. 29. The terms and sessions of the several police courts Terms and
sessions of
aforesaid shall be held by said police justices, in rotation orolice courts
otherwise, and in such manner as the said board of police justices may from time to time regulate and direct; and said board
last mentioned shall from time to time assign to said courts the
police justices to hold such terms and sessions.
SEC. 30. The said board of police justices may make such May make
rules for
rules for regulating the manner of conducting the business of conducting
the said police courts, and for securing uniformity of practice b"usin
therein, as shall appear to them to be proper; and every rule
made for such purpose, as aforesaid, shall be observed by the
magistrates, clerks, officers and others doing business in the
said police courts.
SEC. 31. The said board of police justices shall have power May make
rules and
to make needful rules and regulations for the maintenance ofregulations.
order in and about the said police courts and court of special




614              ACTS RELATING TO THE CITY OF NEW YORK.
sessions, and the offices appropriated to the use of the magistrates, clerks and officers thereof respectively; and all persons
willfully violating any such rule or regulation may be arrested
and punished in the same manner as is now provided by law for
the punishment of disorderly conduct, tending to a breach ot
the peace in said city.
SEC. 32. The concurrence of a majority of all the members
of said board of police justices shall be necessary to adopt any
resolution of said board authorized by this act.
frombersn  SEC. 33. Whenever any larceny shall be committed in said
deemed   city and county, by stealing, taking and carrying away from the
larceny.  person of another, the offender may be punished as for grand
larceny, although the value of the property taken shall be less
than twenty-five dollars. Attempts under similar circumstances
may be punished as for attempts to commit grand larceny.
Pickpockets.  SEC. 34. Every person who shall lay hand upon the person
of another, or upon the clothing upon the person of another, in
said city and county, with intent to steal as a pickpocket, under
such circumstances as shall not amount to an attempt to rob or
an attempt to commit larceny, shall be deemed guilty of an
assault with intent to steal, and shall be punished as is now
provided by law for punishment of misdemeanors.  It shall not
be necessary to allege or prove, in any prosecution for an
offense under this section, any article intended to be stolen, or
the value thereof, or the name of the person so assaulted.
Clerk to be SEC. 35. The board of supervisors of the county of New York
provided
withseal. shall provide the clerk of the court of special sessions in said
county with a seal, on which shall be engraved the arms of the
state, and the words " Court of Special Sessions, county of New
York," and the same shall hereafter be the seal of said court,
and all process issued by said court shall be sealed with said seal
and signed by the clerk of said court.
SEC. 36. All acts and parts of acts, inconsistent with this act,
are hereby repealed.
SEC. 37. This act shall take effect immediately.




POLICE AND CRIMINAL COURTS.                         615
1861.-CHAPTER XCVII.
AN  ACT  to consolidate and amend  the several acts relating
to the transmission  to the office of  Secretary of State, by
Clerks of Courts and Sheriffs, of Records of Conviction, and certain
other Statistical Information as now required by law.-Passed
March 29, 1861, "three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. Within ten days after the adjournment of any criminal Report of
court of record in this state, the district attorney of the county attoy.
in which said court shall have been held shall furnish to the
clerk of said court a description of the offense committed by
every person convicted of crime, abridged from the indictment,
as would be sufficient to inaintain the averments relating to such
offense, necessary to be made in an indictment for a second
offense. Every district attorney, who shall neglect or refuse to
prepare and deliver to the said clerk such statement within the
time above specified, shall forfeit the sum of twenty-five dollars
for each case of neglect or refusal, to the use of the people of
this state.
SEC. 2. Within twenty days after the adjournment of any Report to
secretary of
criminal court of record, the clerk thereof shall transmit to the state.
office of secretary of state such statement, thus furnished by the
district attorney, of all convictions had at said court; and, in
case of his refusal or neglect to transmit the same as aforesaid,
the said clerk shall be liable to the like penalty as prescribed in
the foregoing section.
SEC. 3. Within twenty days after the adjournment of any crimi- Clerks of
nal court of record, the clerk thereof shall also transmit to the ourt re.
office of the secretary of state a duly certified statement of the portofsetcte
number of indictments tried at such court, specifying the number
foreach separate offense; the number on which convictions were
had; the number on which defendants were acquitted; the
number of indictments against persons who were convicted on
confession; and also the number of indictments against persons
who were discharged without trial.  Whenever the clerk of any
county shall transmit to the secretary of state any transcripts
of convictions had in courts of record, he shall also transmit to
the said secretary copies of all certificates of convictions made
by any court of special sessions, and required by law to be filed
with such clerk, which have thus been filed in the office of said
county clerk, since the previous transmission of any transcripts
by him.
SEC. 4. Within twenty days after the adjournment of any Report of
criminal court of record, the sheriff of the county in which such hi.




~616              ACTS RELATING TO THE CITY 01 NEW YORK.
court shall be held shall report to the secretary of state the
name, occupation, age, sex, and native country of every person
convicted at such court, of any offense, the degree of instruction
which each person so convicted has received, and all such other
items of information, in relation to such convicts and their offenses,
as the secretary of state shall require; which reports shall be
made in such form as the said secretary shall prescribe. And to
enable such sheriffs to make the said returns, they shall be
authorized, by themselves and their deputies, to make all necessary inquiries of the persons convicted, before or after trial, and
of the keepers of prisons where such convicts may be confined,
and of all other persons. For their services in the premises, as
well for collecting statistics relating to convictions in courts of
special sessions, such sheriffs shall be allowed a reasonable compensation by the board of supervisors of their respective counties
as a county charge.
Repor of    SEC. 5. The respective sheriffs of the counties of Albany,
Cayuga, Columbia, Dutchess, Erie, Kings, Monroe, New York,
Oneida, Onondaga, Oswego, Rensselaer and Schenectady shall,
on the first day of every month, transmit to the secretary of
state a statement of the number of persons convicted in courts
of special sessions, during the preceding month, in the respective
cities of Albany, Auburn, Brooklyn, Buffalo, Hudson, New
York, Oswego, Rochester, Poughkeepsie, Syracuse, Schenectady,
Troy and Utica. Such statements shall specify the crimes, the
whole number convicted, sex, age, nativity, married or single,
degree of education, religious instruction, parents living or dead,
whether before convicted or not of any crime, and whether
temperate or intemperate.  All courts in the city of New York,
having jurisdiction in cases where  summary convictions are
had, are hereby, for the purpose of this act, declared courts
of special sessions, whether composed of one or more police
magistrates.
Repor of    SEC. 6. The clerk of the court of general sessions of the peace
general ses- in the city and county of New York, shall, within three days
after the first day of each month, transmit to the secretary of
state a transcript of the entry of every conviction had during
the preceding month in the special sessions of the said city
and county, which transcripts shall contain the name of the
offender, a description of the offense in such form as the said
secretary shall prescribe, and the sentence upon each conviction.
SEC. 7. Any justice or other judicial officer, before whom any
person shall have been convicted of a criminal offense, other
than in courts of record, shall furnish to the sheriffs of their
respective counties all the information they can obtain, to enable
such sheriffs to comply with the provisions of this act, and




SUPREME, SUPERIOR, AND- COM0 ON PLEAS -COURTS.               617
shall make such inquiries of the persons convicted before them,
and of others, as the secretary of state shall direct.
SEC. 8. Any sheriff, clerk, or magistrate, who shall neglect or
refuse to conform to the provisions of this act, shall be liable to
the penalty prescribed in the first section thereof.
SEC. 9. The secretary of state shall cause this act to besecretary to
published in pamphlet form, together with the instructions for  h t.
its execution, and shall cause the same to be distributed among
the officers herein mentioned, the expense of which shall be
paid by the treasurer, on the warrant of the comptroller.  The
secretary shall annually report to the legislature the results of
the information obtained in pursuance of this act.
SEC. 10. All acts and parts of acts, inconsistent with the
provisions of this act, are hereby repealed.
SUPREME, SUPERIOR, AND COMMON PLEAS.
CODE   OF  PROCEDURE, PART  I, TITLE  V.
OF THE  SUPERIOR  COURT AND COURT OF COIMMON PLEAS IN
THE CITY OF NEW YORK.
SEC. 33. The jurisdiction of the superior court of the city of Their Jrisdiction.
New  York, of the court of common pleas for the city and2sand. 715;
county of New York, of the mayors' courts of cities, and of do 660.
the recorders' courts of cities, shall extend to the following
actions:
1. To the actions enumerated in section one hundred and
twenty-three and one hundred and twenty-four, when the cause
of action shall have arisen, or the subject of the action shall be
situated, within those cities respectively.
2. To all other actions where all the defendants shall reside,
or are personally served with the summons, within those cities
respectively, or where one or more of several defendants, jointly
liable on contract, reside or are personally served with the summons, within those cities respectively, except in the case of
mayors' and recorders' courts of cities, which courts shall only
have jurisdiction where all the defendants reside within the
cities in which such courts are respectively situated.: The
supreme court may remove into that court any action brought
under this subdivision, and pending in the superior court, or
court of common pleas for the city and county of New York,
and may change the place of trial therein, as if such action had




618               ACTS RELATING TO THE CITY OF NEW  YORK.
been commenced in the supreme court; such order for removal
and for change of place of trial to be made in the supreme
court upon motion, and on filing a certified copy of such order
in the office of the clerk of the superior court, or of the court of
common pleas, such cause shall be deemed to be removed into
the supreme court, which shall proceed therein as if the same
had originally been commenced there; and the clerk, with whom
such order is filed, must forthwith deliver to the clerk of the
county in which, by such order, the trial is ordered to be had,
to be filed in his office, all process, pleadings, and proceedings
relating to such cause.  And any action or proceeding pending in
any mayor's or recorder's court, in which the judge is, for any
cause, incapable of acting, may by such court be transferred to the
county court of the county; and thereupon the papers on file
in the mayor's or recorder's court shall be transmitted to the
county court; which shall thenceforth have jurisdiction of such
action or proceeding.
3. To actions against corporations, created under the laws of
this state, and transacting their general business, or keeping an
office for the transaction of business, within those cities, respectively, or established by law therein, or created by or under the
laws of any other state, government or country, for the recovery
of any debt or damages, whether liquidated or not, arising upon
contract made, executed or delivered within the state, or upon
any cause of action arising therein.
pCommn.   SEC. 34. The court of common pleas for the city and county
York to re- of New York shall also have power to review the judgments of
view judgvents  of the marine court of the city of New York, and of the justices'
justcesd courts in that city.
courts.
Terms of su-  SEC. 35. The superior court of the city of New York, and the
perior court
and common court of common pleas, for the city and county of New York,
Y'ok. N  shall, within twenty days, appoint general and special terms of
those courts, respectively, and prescribe the duration thereof;
and they may, from  time to time, respectively, alter such appointments; and hereafter no fees shall be paid for any service
of a judge of either of those courts.
By who     SEC. 36. A general term  shall be held by at least two of the
judges of those courts respectively, and a special term by a single judge.
Judgments,   SEC. 37. Judgments upon appeal shall be given at the general
where given.,
t g  erm; all others, at the special term.
Concurrence SEC. 38. The concurrence of two judges shall be necessary to
of twojudges 
necessary. pronounce a judgment at the general term.  If two do not concur, the appeal shall be reheard.




SUPREME, SUPERIOR, AND COMMON PLEAS COURTS.                   619
SEC. 39. A crier shall be appointed by the superior court of rier, nhow
the city of New York, and by the court of common pleas for
the city and county of New York respectively, to hold. his office
during the pleasure of the court.  He shall receive a salary, to Salaries,
be fixed by the supervisors of the city and county of New York, how fixed.
and paid out of the county treasury.
SEC. 40. The superior court of the city of New York shall, Superior
from the first day of May, one thousand eight hundred and forty- whom to
nine, consist of six justices.                                  consist.
SEC. 41. Three justices of such superior court, in addition to Three justithe justices now holding office, shall be elected by the electors  or cousrtto
of the city and county of New York, at the annual charter elec- be elected
tion to be held in that city on the second Tuesday of April, one
thousand eight hundred and forty-nine.
SEC. 42. Such justices shall be voted for together on one bal- Howvoted
lot, which shall be distinct from any other ballot at the same
election, and deposited in a separate box, marked "Superior
Court."  The votes shall be canvassed and certified in the same
manner as votes for the recorder of the city of New York, and a
certificate thereof shall be filed with the secretary of state.
SEC. 43. The justices so elected shall, immediately after the How class.
votes are canvassed, be classified by lot, to be publicly drawn
by the register and clerk of the city and county of New York,
in the presence of the mayor or recorder of the city of New
York, and the certificate of such drawing and classification shall
be signed by such register and clerk and by the attending mayor
or recorder, and filed in the offices of the register and clerk.
The classes shall be numbered first, second and third, according
to the term of service of each; the first class being that which
has the shortest time to serve. The term of offices of each of
such justices shall commence on the first day of May, one thousand eight hundred and forty-nine, and the term of the justice
of the first class shall expire on the thirty-first day of December, one thousand eight hundred and fifty-one; of the justice of
the second class, on the thirty-first day of December, one thousand eight hundred and fifty-three; and of the justice of the third
class, on the thirty-first day of December, one thousand eight
hundred and fifty-five.
SEC. 44. After the expiration of the terms of office under such rxpiration of
classification, the term of office of all the justices of the superior vacancies,
court of the city of New York shall be six years; and anyh~ fll
vacancy occurring in the offices created by this title shall be
filled in the manner prescribed for filling vacancies in the offices
of the present justices.




620                ACTS RELATING TO THE CITY' OF NEW  YORK.
Jdowge  of    SEC. 45. The justices elected pursuant to this title, subject to
judges and
their sala- the provisions contained in section forty-nine, shall have the
same powers, and perform the same duties, in all respects, as the
present justices of such superior court, and shall receive the
same salaries, payable in like manner.
Termor ourt-  SEC. 46. A general term of the superior court may be held by
and by  any two of the six justices thereof, and a special term  by any
one of them; and general and special terms, one or more of
them, may be held at the same time.
Certain civil  SEC. 47. All civil suits at issue at the time of the passage of
transferred this act, that from  and after the first of May, 1849, shall be
ror court eplaced upon the' calendar of the supreme court at any general
4 Coms. 600. or special term thereof, to be held in the city of New York, and
which shall be in readiness for hearing on questions of law,
only, or are equity cases, may, by an order of that court or of
the judge holding such special term, be transferred to the said
superior court of the city of New York, and to be heard at the
general terms thereof, hereinafter provided for.
Jurisdiction  - SEC. 48. The said superior court shall have jurisdiction of
of superior                        P
court insuch every suit so transferred to it, and may exercise the same powers
cases.    in respect to every such suit, and any proceedings therein, as
the supreme court might have exercised, if the suit had remained
in that court.
Judges to
hear for two  SEC. 49. It shall be the special duty of the three justices to
asferruts be elected under the provisions of this title, and of their successrem curt ors, to devote their time and labors, for the term  of two years
from  the first of May, one thousand eight hundred and fortynine, to the hearing and determination of the suits transferred
from the supreme court, and for that purpose they, or any two
of them, shall hold a general term  of the said superior court,
of at least two  weeks in duration, in  each month  of the
year, except the month of August.
Appeal  to  SEC. 50. Appeals from  the judgments of the superior court
court of appeals.    in such suits may be taken to the court of appeals, in the same
manner as from the judgments of the superior court in actions
originally commenced therein.
Section  28   SEC. 51. The provisions of section twenty-eight of this act
serior   shall apply to the said superior court.
court.




SUPREME, SUPERIOR, AND COnMMON PLEAS COURTS.                      621
REVISED  STATUTES, FIFTH- EDITION, PART III,
CHAPTER I, TITLE V.
OF THE COURTS OF COMMON PLEAS AND GENERAL SESSIONS OF
THE PEACE [AND OF THE COURTS OF SESSIONS], IN THE SEVERAL COUNTIES OF THIS STATE.
SEC. 41. [Sec. 22.] [The judges of the court of common InNewYork,
n ^  J-I -J   T*   i   "   r> Pr   -v-r    i  -.   -.   corn. pleas
pleas for the city and county of New York, elected pursuant to how to be
chapter 255 of the Laws of 1S47,] and the mayor, recorder and held.
aldermen of the said city, shall be judges of the court of common pleas of the said city and county. [As modified 1847, ch.
255, ~ 7.]
SEc. 42. [Sec. 23.] The said court of common pleas may Ibid
also be held by the [elected] judges, the mayor, or recorder,
either alone, or with one or more of the other judges; but it
shall be the special duty of [such elected judges] to hold the
said court. [Modificd by same ch., ~ 7.]
SEC. 43. [Sec. 24.] The clerk of the city and county of New Clerk of that
court to give
York shall, by virtue of his office, be clerk of the court of comn- bond.
mon pleas for the said city and county; and  every person [ee ~~76and
hereafter elected to that office shall, before he enters oni the 80post.]
duties thereof, execute a bond to the people of this state, in the
penalty of fifteen thousand dollars, with two sufficient sureties
to be approved by the said first judge, conditioned that such     oodi.
clerk shall well and faithfully, in all things, apply, appropriate
and pay over all such sums of money as he may from time to
time receive, in virtue of his said office, during his continuance
therein; and that, if default be made therein, he and his sureties
will jointly and severally answer and pay, to the parties who
may be injured by such default, all damages they may sustain;
which bond, when so executed and approved, shall be filed in
the office of the clerk of the supreme court in the city of New
York. (l)(a)(b)
SEC. 44. [Sec. 25.] Wheneverany such clerk shall go out of When and
how bond to
office, and shall pay over to his successor all the moneys thenbe cancelled.
remaining in his hands, accompanied by such vouchers and state- ee ~~ 7d and
ments, in relation  thereto, as shall be satisfactory to such 80 ost.]
successor, to be signified by his certificate under seal, it shall be
the duty of the said first judge to grant an order, requiring the
clerk of the supreme court, upon the filing of such certificate
in his office, to give up the bond executed by the clerk so going;(1) Laws of 1826, p. 2G5, sees. 1 and 2.
(a) The county clerk is ex officio clerk of the supreme court. Cons., Art 6, sec. 19.
(b) By chapter 88 of 1843, it was provided that the first judge and associate judges of'the court of common pleas should appoint the clerk of their court, and so much of this
section as designated the clerk of the city and county to perform the duties of clerk of
the court was repealed. See sees. T7 to 81, post.




622                 ACTS RELATING TO THE CITY OF NEW  YORK.
out of office, and his sureties, to the parties who executed the
same, to be cancelled.  And it shall be the duty of the clerk of
the supreme court to obey such order. (1)(b)
Terms of the
courtetc.  SEC. 45. [Sec. 26.] The court of common pleas for the cityand county of New  York shall be held on the third Monday of
every month. The several terms shall be called after the different
months of the year, in which they are respectively held.  Writs
of inquiry, issuing out of the said court, may be tested and made
returnable the second week of the said term. (2)
jSueltio or  SEC. 46. It shall not be required of [the judges of the court
of common pleas of the city of New York, elected pursuant to
chapter 255 of the Laws of 1847,] to attend to the selecting of
jurors  in other courts of said city or county, except in the
absence from the said city and county of the judges who preside
in these courts; but such duty shall devolve on some or one of
the judges of said courts, who shall be notified thereof according
to the provisions of the Revised Statutes. (3)  [1830, ch. 186,
~ 1.]
Rules  for   SEC. 47. The said court of common pleas may establish, by
entering and.
perfecting  its rules, the time to be allowed for entering and perfecting bail
bail.
[Code,  469] in suits pending therein, and to be given to the sheriff in such
cases before an attachment can issue against him; also the time
to be allowed for any pleading in such suits and for noticing the
issues of facts joined in the same for trial; but in none of the
above cases shall such time be less than eight days unless the
special circumstances of any particular case shall require it, and
then only by the order of the first judge of said court. [Same ch.,
~2.]
Ordesout o   SEC. 48. Orders out of court relating to any suit pending in
court.
the said common pleas, after any default entered, or any issue
in law or fact shall have been joined in the same, shall be
granted by the [judges elected as aforesaid] only of said court
(except for the examination of witnesses when  the said court
shall be actually sitting), unless they shall be.absent from the
city of New York, or incapacitated to attend thereto by sickness. (4) [Same ch., ~ 4.]
Supreme     SEC. 49  The supreme court shall have authority to make an
court may 
mako order order to remove into the said supreme court any  transitory
in  certain
cases.'
(1) Laws of 1826, p. 265, sees. 1 and 2.
(b) By chapter 88 of 1843, it was provided that the first judge and associate judges of
the court of common pleas should appoint the clerk of their court, and so much of this
section as designated the clerk of the city and county to perform the duties of clerk of
the court was repealed. See sees. 76 to 81, post.
(2) Laws of 1321, p. 65, sees. 5, 6, 7 and 11, and 2 R. L., 503, sec. 9.
(3) Modified to render it conformable to ch. 255 of 1847, and to sec. 9, of ch. 495 of
1847. See Chap. VII, tit. 4.
(4) See note (b) on last page.




SUPREME, SUPERIOR, AND COMMON PLEAS COURTS.                   623
action pending in the said court of common pleas, in which the
trial ought to be had elsewhere than in the city and county of
New York; such order to be made in the said supreme court,
upon motion, under the like circumstances, and in. the like
cases in which, if the action were pending in the supreme
court, that court would order the venue to be changed from the
city and county of New York, to some other county.  [Same
ch., ~ 5.]
SEC.. 5. Upon filing a certified copy of such order in the office Ordr f'VU"  "" VrV 0  L-L~~I~C~                 moral.
of the clerk of the said court of common pleas, such cause shall be
deemed to be removed into the supreme court, which shall
proceed therein as if the same had originally been brought
there; and the clerk of the said court of common pleas shall
forthwith deliver to the clerk of the supreme court all process
and proceedings relating to said cause, to be filed in the office
of the clerk of the supreme court in the city of New York.
[Same ch, ~ 6.]
SEC. 51. No personal action depending in the court of com- Pesonal
actions when
mon pleas for the city and county of New York, on any bond to beremovor specialty, or for any other cause, where the sum  mentioned certiorari.
in the condition of such bond or specialty, with the interest
thereon, or the matter or thing in demand, shall not exceed the
sum of two thousand five hundred dollars, shall, before judgment,
be stayed or removed into the supreme court by any writ of
certiorari.  But the provisions of this act shall not extend to
any action in which the people of this state shall be interested,
nor to any action by or against the corporation of the city of
New York, nor to any action of ejectment, or other action in
which the title to real estate shall come in question, nor to
actions of replevin for false imprisonment. [1S37, ch. 468.]
SEC. 52. Any judge of'the supreme court, or any officer To ety pro
ceedings.
authorized to perform  the duties of a judge of the supreme
court at chambers, shall have power, on due cause shown, to
make orders to stay proceedings in any cause pending in the
said court of common pleas, for the purpose of affording an
opportunity to make the application to the supreme court for
a change of venue aforesaid; and such order may be revoked,
in the discretion of the officer granting the same.
SEC. 53. The same power is hereby given to the [judges] of jPower  or
the said court of common pleas [so elected as aforesaid] at chambers.
chambers, relative to suits and proceedings in such court, as is
given by any law of this state to the justices of the superior
court of said city at chambers. (1)
(1) Modified so as to render its provisions applicable to each of the three judges
elected, pursuant to chapter 255 of 1847.




624:                 ACTS RELATING TO THE  CITY  OF NEW  YORK.
Dration of   SEC. 54. Each term  of said court may continue until the end
of the fourth week after the commencement thereof, and a new
panel of jurors may, by order of said court, be summoned for
the two last weeks of said terms, and any writ of process may
be tested on any day in term, and  be  made returnable on any
other day  in same term  or the next term: Provided, however,
that said court may be adjourned  on any day previous to  the
expiration  of the term, and  also  from  any  one day  in  term,
over to any other day in the same term.   [1834, ch. 94, ~ 3.]
udger ofthe   SEC. 55, The said [elected judges] shall, except when sick or
chambers.  absent from  said  city, have  sole and  exclusive  authority  at
chambers, touching  any suit, security, judgment or proceeding
in said court.   [Same ch., ~ 4.(1)]
SEC. 56. The court of common pleas of the city and  county
of New  York  shall respectively  have  and possess  the  same
equity jurisdiction which is conferred upon the several county
courts of this state by the thirty-first section of said chapter
[280 of the Laws of 18447], or by any other act.   [1847, ch. 470,
part of ~ 21.]
General pro-   SEC. 57. All the provisions of this act: [" An act in relation
SQepost.   to the  Superior Court and  Court of Common Pleas of the city
of New  York," passed May 13, 1840,] shall apply to the court
of common pleas of the city of New York, in like manner and
to the same extent as they do to the superior court of said city.
[1840, ch. 276, ~ 4.]
Clerk.       SEC. 76. The court of common pleas, for the city and county
of New York, shall have a clerk, to be appointed  by the court,
and to hold his office during the pleasure of the court, which
clerk  shall have power to  appoint one or more deputies, by
appointment in writing, to be filed in his office.  [1854, ch. 198,
~ 1.]
(1) Modified to render the section conformable to chapter 255 of 1847. By the first
section of chapter 94 of 1834, an associate judge, with the same power as the first judge,
was directed to be appointed. Sections 5 and 6 of that act were as follows:
SEC. 5. All the powers now vested in the said first judge, by virtue of the statutes of
this state, relative to any legal proceedings, are hereby given also to the said associate
judge; and any proceeding commenced by one of said judges may, in his absence, be
continued, decided and perfected, by the other of the said judges.
SEC. 6. The said associate judge shall have the same power as the said first judge, to
hold, and in the same manner preside in the courts of general sessions of the peace in
and for the city and county of New York.
In chapter 116 of 1839, a second associate, with like powers, was directed to be
appointed, by the following section:
Sac. 2. There shall be appointed for the court of cmmon pleas for the city and county
of New York an additional associate judge, in the same manner as judges of.the several
courts of common pleas of this state are now appointed, who shall be a counsellor'of
the supreme court, and who shall possess all the powers now vested by law in the first
judge of said court.
By chapter 255 of 1847, those judges are directed to be elected, to possess the same
powers and perform the same duties as the first judge and assistant judges, whose offices
were abolished from January 1, 1848.




SUPREME, SUPERIOR, AND COMMON PLEAS COURTS.                   625
SEC. 77. The common council of the city of New York must, ls oo
by ordinance, assign the clerk so appointed a suitable office in
the city hall in that city.  [Same ch., ~ 2.]
SEC. 78. The said clerk shall pay over to the city treasurer, in Feen.
monthly payments, all the fees, perquisites and emoluments of
his office, and shall receive such compensation for his services,
and for the services of his assistants, as shall be fixed by the
board of supervisors of the city and county of New York, in
conformity to the act in relation to the fees and compensation of
certain officers in the city and county of New  York, passed
December 10, 1847. [Same ch., ~ 3.]
SEC. 79. When the fees received and paid over by the officers SalarIe.
named in said act, and the said clerk, shall be insufficient to pay
the necessary expenses and salaries of their respective offices, the
deficiency shall be paid out of the appropriation for county contingencies.  [Same ch., ~ 4.]
SEC. SO. The county clerk of the city and county of New  rs and
York must, on demand, deliver all property, books, records and
papers, appertaining to the said court of common pleas, to the
clerk of that court appointed by virtue of this act. [Same ch.,
~5.]
SEc. St. The said court of common pleas for the city and Juidictio.
county of New York.has power and jurisdiction of the following
proceedings:
To remit fines and forfeited recognizances, in the same cases
and in like manner as such power was heretofore given by law
to courts of common pleas, and to correct and discharge the
dockets of liens and of judgments entered upon recognizances,
and to exercise in the city and county of New York all the
powers and jurisdiction now  or hereafter conferred upon or
vested in the said court, or the county courts in their counties,
and the powers and jurisdiction which were vested in the court
of common pleas for the city and county of New York, before
the enactment of the act designated as the Code of Procedure,
passed April 12, 1848.  [Same ch., ~ 6.]
SEC. 82. The provisions of section twenty-eight of the act Thoe Sveral
entitled, "An act to amend the act entitled an act to simplify point the noand abridge the practice and pleadings of the courts of this state,   Y cear   mpassed April 11, 1S49, passed July 10th, 1851," shall apply to
the court of common pleas for the city and county of New York,
and the superior court and marine court of the said city; and
the said courts shall appoint the officers necessary to attend said
courts, whose salaries shall be fixed by the board of supervisors
and paid out of the city treasury. [1853, ch. 529.]
40




626                     ACTS RELATING TO THE CITY OF NEWV YORK.
TITLE VIII.
OF THE SUPERIOR COURT OF TIHE CITY OF NEW YORK. (1)
SEc. 1. Superior Court of the city of New York; to have six justices.
2. Adjournments of the court.
3. Confessions of judgments.
4. Salar;ies of the justices to be fixed by the supervisors.
5. Seal of thd court.
6. Clerk appointed by justices.
7. Forms of process and practice of the court.
8 & 9. Test and return of process.
10. Rules may be established relative to perfecting bail, &c.
11. Process not to be sent out of the county, except, &c.
12. Writs of subpoena to be issued to all parts of the state.
13. Judge of supreme court may stay proceedings to afford an opportunity of applying to supreme court to change venue.
14. Fees of the clerk and judge's fee.
15. The law as to costs in the supreme court to apply.
16. Judgments docketed to be a lien.
17. Powers of justices at chambers.
18. Place of holding court may be removed in certain cases.
19. In case of non-attendance of justices, the clerk may adjourn the court.
20. By consent, actions may be transferred from the supreme court.
21. Surrender of bail, &c.
22. Suits on recognizances, how brought.
23. Additional jurors, when to be drawn.
24. Proceedings commenced before one judge may be continued before another.
25. Witnesses may be summoned to appear before a judge to make deposition.
23. Fees for services performed by judges to be received and accounted for by the
clerk.
27. Clerk's fees.
23. Section 31 of the Code of Procedure to apply.
23. Equity jurisdiction of the court.
30. Superivisors may authorize assistant clerks to be appointed.
31. Salaries of justices and judges of superior court and New York common pleas.
xamo.          SEC. 1. There shall be, and  hereby is established, within the
city and county of New York, a court, to be called and known
by the name of" The Superior Court of the city of New York;"
which court shall, from  the first day of May, one thousand eight
hundred  and  forty-nine, consist of six  justices.   [As amended
1S49, ch. 124.]
Adjourn-       SEC. 2. [Sec. 4.]  The judges  of the  said  court may adjourn
me" s       the same on any day previous to the expiration  of the  term  for
Which the same may be held, and also from any one day in term
over to any other day in the same term, if, in their opinion, the
business of the court will admit thereof.
Chapter of     SEC. 3. The  chapter of the  act to  simplify and abridge  the
Code to ap        -      p
Ply.        practice, pleadings and  proceedings of the courts of this state,
(1) This title consists of such portions of " An act for the establishment of a superior
court of law in the city of New York," passed March 31, 1828 (chapter 137, p. 141), as
remain in force, together with the amendatory acts. The numbering of the sections of
the original act is indicated within brackets preceding the sections.




SUPREME, SUPERIOR, AND COMMON PLEAS COURTS.                   627
which relates to confessions of judgments without action, shall
apply to the superior court of the city of'New York.  The clerk
of that court shall perform the duties thereby charged on the
county clerk, and enter the judgment as a judgment of said
superior court.  [1849, ch. 124, ~ 12.]
SEC. 4. [Sec. 7.] The mnayor, aldermen and commonalty of the Salaries.
city of New York shall pay out of the treasury of the said city,
to the said chief justice, and to each of the said associate justices,
for their services, respectively, the surn of not less than two
thousand dollars, nor more than four thousand dollars, annually,
at the discretion of the said mayor, aldermen and commonalty,
the same to be paid quarter-yearly, in equal proportions; and
when the salary shall be once fixed, the same shall not be
diminished during the residue of the term  of office of the said
justices.  [The salary of the justices and judges of the said
courts shall be fixed by the board of supervisors of the said city
and county before, and to commence on the first day of July
next, and shall not be increased or diminished during their term
of office.  [1:847, ch. 255, ~ 8.]
SEC. 5. [Sec. 8.1 The said court shall have a seal, to be devised S'a.
by the justices thereof, a description of which shall be deposited
in the office of the secretary of state, signed by the said justices,
or a majority of them; and such seal shall then be used as the
seal of the said court.
SEC. 6. [Sec. 9.] The said justices shall appoint a clerk, who Clork.
shall keep his office at the city hall of the city of New York,
and attend the said court, and officiate as clerk thereof.
SEc. 7. [Sec. 10.] The said court shall be a court of record, roms of
and the forms of process and proceedings now in use in suits tCode,~4691
brought in the court of common pleas for the city and county
of New York shall be used in the. said court hereby established,
as near as may be, except that the proper title of the court shall
be inserted therein; and all p1roceedings in the said court shall
be had before the same, in the same manner as they are now
had before the said court of common pleas, except when otherwise directed by this act, and subject always to such alterations
as may be made therein, by such rules of practice in the said
court as the justices thereof may from time to time establish.
SEC. 8. [Sec. 11.] All writs and process issuing out of the writs.
said court shall be under the seal thereof, and signed by the
clerk, and shall be tested in the name of the chief justice, and
shall be made returnable " before the justices of the superior
court of the city of New York;" and all proceedings in the said
court shall be stated to be before the justices, in manner aforesaid;
and all writs directed to the said court shall be directed in like
manner to the said justices.




628                ACTS RELATING TO THE CITY OF NEW  YORK.
Writs.      SEC. 9. All writs or process which shall issue out of the said
court may be tested in any day of the terml in which such court
shall sit, and be made returnable on any other day of the same
term, or at the next term.  [1834, ch. 170, ~ 1.]'ules.      SEC. 10. The said court may establish, by its rules, the time
to be allowed for entering and perfecting bail in suits pending
therein, and to be given to the sheriff in such cases before an
attachment can issue against him; also the time- to be allowed
for pleading in such suits, and for noticing the issues in fact
joined in the same for trial; but in none of the above cases
shall such time be less than eight days.  [Same ch., ~ 2.]
Restriction.   SEC. 11. [Sec. 13.] The said court shall have no power to
send any process into any other county than the city and county
of New  York, except in the cases hereinafter specified.
Writsofsub-   SEC. 12. [Sec. 14.] Writs of subpoena, issuing  out of the.   said court, shall be obligatory upon  any witness duly served
therewith within this state, in like manner as if such writs had
been issued out of the supreme court; and the said court shall
have power to enforce obedience to such subpoena by attachment,
to be directed to any sheriff or other proper officer of any county
in this state, who shall be subject to all the pains and penalties
for not serving or returning the same, in like manner as if the
same had issued out of the supreme court; and the like process
and proceedings may be issued and had thereon in the said court,
as are usual in like cases in the supreme court, and with like
effect.
Ordertostay   SEC. 13. [Sec. 18.] Any judge of the supreme court, or any
proceedings officer authorized to perform the duties of a judge of the supreme
court at chambers, shall have power, on due cause shown, to
make orders to stay proceedings in any cause pending in the said
superior court, for the purpose of affording an opportunity to
make the application to the supreme court for a change of venue
aforesaid; and such order may be revoked, in the discretion of
the officer granting the same. (1)
Fees of the   SEC. 14. [Sec. 20.] There shall be paid to the clerk of the
clerk.   court hereby established, at the time of issuing the first writ in
every suit commenced in the said court, the sum  of seventy-five
cents as a first motion fee; and, for every cause noticed for trial
at any term  of the said court, there shall also be paid to the
(1) Sections 15, 13 and 17 of the original act provided for the removal to the
supreme court of transitory actions pending in the superior court in cases where
the trial ought to be had elsewhere than in New York. These sections are superseded
by the 33d section of the Code of Procedure which affords the same relief. The
authority of a justice of the supreme court to order a stay of the proceedings in.
the superior court, pending a motion for the removal, is not by that given in express
terms, and this section is therefore retained.




SUPREME, SUPERIOR, AND COMMON PLEAS COURTS.                609
clerk, by the party noticing such cause for trial, at the time of
putting the same on the calendar, the sum of one dollar and
fifty cents, as a judge's trial fee, the said fee not to be paid more
than once in any cause; and the above fees shall be received by
the clerk of said court, and be by him accounted for and paid
into the city treasury.
SEC. 15. [Sec. 21.] All the existing provisions of law, and all cost
such as shall hereafter be adopted  relating to costs in the
supreme court, and the fees of the officers thereof, and the fees
of officers of circuit courts, shall apply to the court hereby
established, and its officers.
SEC. 16. [Sec. 22.] Every judgment recovered in the saidJudgments.
court hereby established, and docketed of record therein in the
manner prescribed by law, shall, from the time of such docketing, be a lien upon all the lands and. tenements of every
person against whom such judgment shall have been obtained,
situated within the city and county of New York, and in the
same manner, and to the same extent, as if such judgment had
been rendered and docketed in the court of common pleas of the
city and county of New York.
SEC. 17. [Sec. 23.]  The chief justice, and each of the Powers ot
justices    at
associate justices of the said court, may exercise all the powers chambers.
and authority incident to their offices at chambers, touching any
suit, judgment or proceeding in the said court; and it shall be
the duty of at least one of them  to attend daily, at all seasonable hours, in the office to be provided for them  by the said
mayor, aldermen and commonalty, for the dispatch of chamber
business; and the said justices, and each of them shall moreover
be, and they are hereby, authorized to perform all the duties
which the  justices of the supreme court out of term  are
authorized to do and perform, by any statute of this state.
SEC. iS. [Sec. 25.] In case of the prevalence of any pesti-laceoofholdlence or public calamity in the city of New York, or in case any    byet,re
other cause should render it necessary, the mayor, or, in his moved
absence or sickness, the recorder of the said city, by a proclamation under his hand, to be published in two or more of the
newspapers printed in the said city, may direct the holding of
the said court, by this act established, at such place within
the city and county of New York, other than the city hall, as
may be considered most safe and proper for such purpose.
SEC. 19. [Sec. 26.] In case said court shall not be formed lerk may, adjourn
at any time, by reason of the non-attendance of all or any of cort.
the justices thereof, either at the usual place of holding the
same, or at such other place as shall be directed by the proclamation of the mayor or recorder in the cases herein pro



630               ACTS RELATING TO THE CITY OF ZNEW  YORK.
vided for, it shall then  be lawful for the clerk of the said
court to adjourn the same from day to day, or until the next
term, and all process and other proceedings shall be continued
over accordingly.
Tranfer of   SEC. 20. [Sec. 27.] The supreme court of this state shall, on
the consent of both parties, order and direct that any action or
proceeding of a civil nature, pending in the said  supreme
court, the venue whereof is laid in the city and county of New
York, and in which no verdict shall have passed, or plea to the
merits have been decided, be transferred and continued over to
the said superior court hereby established; and such action or
proceeding shall be there proceeded in with the like effect, and
in the same manner, as if originally had or commenced therein.  And the supreme court shall possess all the necessary
powers for the removal of all papers' and files relating to
such action or proceeding, to  the said  superior court; but
nothing herein contained shall be construed to invalidate any
bond or recognizance made or entered into in any action
that may be so removed, but the same shall continue of as
much validity as though this act had not been passed.  And
where bail has been given in any such suit, the surrender of
the defendant in the said superior court shall have the like
effect as a surrender in the said supreme court would have had,
if this act had not been passed.
Special bail.  SEC. 21. [Sec. 28.] It shall be lawful for the defendant, in
any  action in the said superior court, to enter special bail,
and to surrender himself, or for his bail or manucaptor to surrender him, in the same manner, and before the same officers,
as if lie had been arrested  by process from  the  supreme
court.
Suits, how   SEC. 22. [Sec. 29.] All suits upon recognizance of bail taken
brought i in such court, shall be brought in the same manner as if the
action had been comlmenced in the supreme court.
Additional    SEC. 23. It shall be lawful for the superior court of the
jurors may
bedrawn  city of New York, whenever the  said court shall deem  it
expedient, to direct the drawing of an additional number of
jurors for said court, not exceeding double the number now
authorized by law; and whenever such additional number of
jurors shall be so ordered to be drawn, it shall be the duty
of the judges of the said court, and they are hereby empowered, to hold, at the ensuing term  thereof, a double session of said court, for the trial of all causes noticed thereat;
and to make  such  rules for the division  of the panel of
jurors, and the calendar of causes, as they may deem  necessary. [1840, ch. 276, ~ 1.]




SUPREME, SUPERIOR, AND COMMON PLEAS COURTS..                  631
SEC. 24. When any proceeding shall be commenced  by or Pro8eong
before any judge of the said court, by virtue of any statute tinued.
of this state, the same may be continued by or before any
other judge of said court.  [1840, ch. 276,,  2.]
SEC. 25. When  there  shall be a motion or proceeding in Stmons to
the said court, in which it shall be necessary for either party to
have the deposition of any witness, who may be within the
jurisdiction of said court, and who shall have refused to make his
deposition voluntarily, the said court may issue a summons,
requiring such witness to attend before a judge thereof, to make
his said deposition; and  obedience to such summons may be
enforced  as in case of a subpoena issued  by  said  court.
[Same ch., ~ 3.]
SEC. 26. The fees, to which the justices or judges of the F,,howf
said courts are now entitled, shall, after the first day of July
next, be received and paid by the clerks of the said courts into
the treasury of said city and county, for the use of the said.city, and the said several salaries hereinbefore provided for, shall
be paid  out of said treasury iu quarter-yearly  payments.
[1847, ch. 255, ~ 10.]
SEC. 27. The clerk of said court shall receive, for every trial, Clerk's e
firom  the party which shall bring it on, one dollar; on entering judgment, one dollar.  He shall receive no other fee for
any service whatever in  a civil action, except for copies of
papers, at the  rate of five cents for every hundred words.
[1849, ch. 124,  13.]
SEC. 28. The provisions of section thirty-one of the Code ofCode to ap
%roeedure shall apply to said superior court.  [Same ch., ~ 14.]
SEC. 29. The  superior court, and  the court of commonEquityjuripleas of the city and county of New  York, shall respectively euperior
have and possess the same equity jurisdiction which is con- conmon
ferred upon the several county courts of this state by the thirty- rploe f~r Ne
first section of said chapter [280 of the Laws of 1847], or by
any other act.  [1847, ch. 470,  21.]
SEC. 30. The board of supervisors of the city and county of Supervisor
New York may authorize one or more assistants to be appointed assistants.
by the clerk of the superior court of the said city, in addition to
those now  authorized, and fix their compensation, which shall
be defrayed by the common council of the said city.  [1852, ch.
44, ~ 1.'
S]:c. 31. The salaries of all the justices and judges of the Salaries of
said superior court and commonl pleas, from  and after the firstj udge 




632              ACTS RELATING TO THE CITY OF NEW YORK.
day of January, one thousand eight hundred and fifty-two, shall
be the sum fixed by the said board of supervisors on the nineteenthday of December last; and all the said judges and justices are authorized to receive the same fiom  and after the said
first day of January last.  [Same ch., ~ 2.]
1832.-CHAPTER XXIV.
AN AC' to amend title 1, chapter 3, part 3, of the Revised Statutes, concerning Courts of Justice, and the Powers and Duties of
certain Judicial Officers in the City of New  York.-Passed
February 23, 1822.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Chapter    SEC. 1. The third chapter of part third, title first of the
amended  Revised Statutes shall be and the same is hereby amended, by
inserting, at the end thereof, the following sections, which in
any future publication of the said title shall be numbered as the
twelfth and thirteenth sections of the said title:
Concerning   SEC. 12. The provisions of the fourth and fifth sections of
NeYork. this title shall not prevent the aldermen of the city of New York
from practicing as attorneys or counsel in the court of common pleas of the said city, nor fiom having partners practicing
in said court; provided such alderman shall, within ten days
after having taken the oath of office required by law to be taken
by aldermen in said city, file in the office of the clerk of the
said'city and county a declaration of his refusal to act as a judge
of said court of common pleas, during the term of his service,
as alderman.
Ibid.     SEC. 13. On filing such declaration of his refusal, such alderman shall not act as judge of said court, nor be empowered to
execute any of the duties of such officer, except in exercising
the duties enjoined on him by the constitution.
1852.-CHAPTER  CCCLXXIV.
AN  ACT in relation to the Supreme Court of the'First Judicial
District.-Passed April 16, 1852, " three-fifths being present."
The People of the State of New  York, represented in Senate and
Assembly, do enact as Jbllows:
Sittings in SEC. 1. In addition to the circuit courts now authorized by
-coudts now law to be held in the city and county of New York, sittings, for




SUPREMIE, SUPERIOR, AND COMMON PLEAS COURTS.                  633
the trial of all issues of facts triable by a jury, may from time hold.
to time be held in said city and county, at such times as the
chief judge of the court of appeals may from  time to time
appoint.
SEC. 2. It shall be the duty of the chief judge of the court chief Judge
to  appoint
of appeals, whenever applied to for that purpose by the pre- the sittings.
siding justice in the first district, to appoint so many of said
sittings in any one year as he may deem necessary, to assign
some justice of the supreme court to hold the same, and to
designate the class of business which shall be noticed for and
triable at said sittings; and it shall be the duty of the justice
so appointed to hold the said sitting as herein provided for.
SEC. 3. All the statutes now in force in reference to circuit Statutes to
be applicacourts in the city and county of New York, or elsewhere, not ble.
inconsistent with this act, shall be applicable to the sitting
herein provided for.
SEC. 4. It shall be competent for the said chief judge, when- Chiefr jdge
ever applied to for that purpose by any one of the justices of somejustice
the supreme court, elected in the first distiict, to assign some tot
justice of that court to sit in the general or special terms in said
district.
SEC. 5. It shall be lawful for several circuits to be sitting several circuits may be
at the same time in the city and county of New York, and for sitting  at'  the  same
one or more circuits and the sittings to be held at the same time.
time.
SEC. 6. It shall be lawful for the board of supervisors of said A sm may
county to raise, by tax upon said county, and pay to the jus- tax to pay
tices so as aforesaid assigned to hold any of said courts therein, x.
such sum, for expenses incurred thereby, as may be proper and
necessary.
SEC. 7. It shall be lawful for the said board of supervisors to To pay extra
to    justices
raise by tax upon said county, and pay to the justices of the of supreme
supreme  court, resident in the first district, such additional ort.
annual compensation as they may deem proper.
SEC. 8. There shall be elected in the city and county of New Justice of
York at the next general election, and thenceforward at every court to.be
eighth successive general election, a justice of the supreme eightyears.
court, who shall hold office for eight years; such justice shall
enter upon the discharge of the duties of his office on the first
day of January succeeding each election.  All the provisions
of law  relating to justices of the supreme court of the first
judicial district, and to the mode of their election, shall apply to
said justice and to the mode of his election.




634              ACTS RELATING TO THE CITY OF NEW YORK.
1855.-CHAPTER DLXXV.
AN ACTin relation to the Salaries of Justices of the Superior Court
of the city of New York, and the Courts of Common Pleas of the
city and county of New York, and other Judicial Oficers in said
city.-Passed April 20, 1855, "' three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Stc. 1. The board of supervisors of the city of New York
may, if they shall deem it expedient, increase the salaries of the
justices of the superior court of the city of New York, the
judges of the court of common pleas of the city and county
of New York, the surrogate, recorder, and city judge, or either
of them.
SEC. 2. Whenever the chief judge, of the court of appeals
shall assign any justice of the supreme court from any judicial
district, other than the first judicial district, to hold any court
or perform judicial duties in and for the first judicial district,
pursuant to the provisions of the act therefor, passed April
sixteenth, eighteen hundred and fifty-two, it shall be lawful for
the board of supervisors of the city and county of New York
to pay such justices so assigned a sum not exceeding ten dollars
a day for every day such justice shall sit and perform  such
judicial duties.
SEC. 3. This act shall take effect immediately.
1859.-CHAPTER CLXXIII.
AN ACT to provide for vacancies that may occur in the office of
Justice of the Superior Court, or in that of Judge of the Court of
Common Pleas in the city of Ntew York. —Passed April 8, 1859,
"three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact asbollows:
vaancies,   SEC. 1. Whenever a vacancy shall occur in the office of any
o   justice of the superior court of the city of New York, or of
any judge of the court of common pleas of the city of New
York, at any time before his term of office shall have expired
(by death, resignation, removal, or otherwise), the governor
shall appoint a suitable person to fill the vacancy, who shall
hold the office until the commencement of the political year




SUPREME, SUPERIOR, AND COMMON PLEAS COURTS.               635
next succeeding the first annual election after the happening of
the vacancy. And if the term  of office do not expire at the
commencement of such political year, the residue of the term
thereafter shall be filled by election, as now provided by law.
SEC. 2. This act shall take effect immediately.
1860.-CHAPTER  CCCLXXIX.
AN ACT relating to Actions, Legal Proceedings and Claims against
the Mayor, Aldermen and Commonalty of the city of New  York.
-Passed April 14, 1860, " three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as jbIlows:
SEC. 1. The supreme court in the first judicial district, the Exclusive
court of common pleas and the superior court of the city of New inrtaiom
York, shall have exclusive jurisdiction of all actions or special cases.
proceedings wherein the mayor, aldermen and commonalty
thereof are made a party defendant.
SEc. 2. No action or special proceeding shall be prosecuted or Actions
maintained against the said the mayor, aldermen and commonalty mayor, atl
of the city of New York, unless it shall appear, by and as an dermen and
allegation in the complaint or necessary moving papers, that at of New York
least twenty days have elapsed since the claim  or claims upon
which said action or special proceeding is founded were presented to the comptroller of said city for adjustment, and not
then until it shall further appear, by and as an additional allegation in the said complaint, that upon a second demand, in
writing, being made upon the said comptroller after the expiration of said twenty days, the said comptroller neglected or
refused to make an adjustment or payment thereof.  If the
plaintiff recover judgment in his action or in his special proceeding, he shall recover full taxable costs, without regard to the
amount of judgment.
SEC. 3. In the settlement and adjustment of claims against Comptroller
the corporation of the city of New York, the comptroller isoaths to
hereby authorized and empowered to administer oaths to claim- n.dwitt.
ants and to witnesses, and to examine them  on all matters es
pertinent thereto, and willful false swearing before the said
comptroller is hereby declared to be perjury, and made punishable as such.
SEC. 4. All process and papers, for the commencement of Proc    o
actions and legal proceedings against the corporation of said ve.
city, shall be served either on the mayor, comptroller, or the
counsel to the corporation.




636              ACTS RELATING TO THE CITY OF NEW  YORK.
ien das'b   SEC...  o execution shall be lawfully levied upon any propgiven before erty of the corporation of the city of New York, until after ten
eecution. days' notice, in writing, of the issuing of said execution shall
have been given to the comptroller of the city of New York, by
either the party adverse in interest, his agent, attorney or sheriff.
SEC. 6. Nothing in this act contained shall be construed to
affect actions or special proceedings which may have been
brought before this act shall take effect.
SEC. 7. This act shall take effect immediately.
1862.-CHAPTER XLIII.
AN- ACT to authorize attorneys of the Supreme Court of this State,
residing in adjoining States, to practice in the Courts of this State.
-Passed March 22, 1862.
The People of the State of New York, represented in Senate and
Assembly, do enact asfollows:
SEC. 1. Any regularly admitted and licensed attorney of
the supreme court of this stale, and whose only office for the
transaction of law business is within this state, may practice
as such attorney in any of the courts of this state, notwithstanding he may reside in a state adjoining the state of New
York, provided that this act shall extend only to attorneys who
have been heretofore admitted to practice in the courts of this
state and who reside' out of the state of New York, and that
service of papers which might, according to the practice of the
courts of this state, be made upon said attorney at his residence, if the same were within the state of New York, shall be
sufficient, if made upon him, by depositing the same in the postoffice in the city or town wherein his said office is located,
directed to said attorney at his office and paying the postage
thereon; and such service shall be equivalent to personal service
at the office of such attorney.
SEC. 2. This act shall take effect immediately.




CROTON WATER.
1833.-CHAPTER XXXVI.
AN ACT for the Appointment of Commissioners in relation to
supplying the city of New York with Pure and Wholesome Water.
-Passed February 26, 1833.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The governor shall nominate, and with the con- Fsioe Com
sent of the senate shall appoint, five persons to be known as the
water commissioners for the city of New York, who shall be
citizens and inhabitants of the said city.
SEC. 2. It shall be the duty of the said commissioners to ex-Theirduty.
amine and consider all matters relative to supplying the city of
New York with a sufficient quantity of pure and wholesome
water for the use of its inhabitants, and the amount of money
necessary to effect that object.
SEC. 3. The said commissioners shall have power to employ May employ
engineers, surveyors, and such other persons as in their opinion
may be necessary to enable them to fulfill their duties under
this act.
SEC. 4. The said commissioners shall make a report of their To report
proceedings under this act, which shall contain their opinion- as
to the best plan of furnishing the city of New York with a
sufficient supply of pure and wholesome water, and an estimate
of the expense of carrying such plan into effect; also the reasons
and calculations upon which such opinion and estimate may be
founded; and generally all such information, connected with the
object of their appointment, as they may deem important.
SEC. 5. The said commissioners shall present a copy of the To t'hcom
said report to the common council of the city of New York, on
or before the first day of November, of the year one thousand
eight hundred and thirty-three; and their said report shall be
made and presented by them  to the legislature, on orbefore
the second Monday of January, of the year one thousand eight
hundred and thirty-four.




638               ACTS RELATING TO TIE CITY OF NEW  YORK.
D^uratio  of  SEC. 6. This act shall continue in force one year from  the
passage thereof.
Vacancies to  SEC. 7. In case of the death or resignation of any of the said
besupplied. commissioners, the vacancy shall be supplied by the person administering the government of this state; and a majority of the
said five commissioners shall constitute a board or quorum  for
the transaction of their business.
Expenses.    SEC. 8. All reasonable expenses to be incurred under this act
shall be paid by the mayor, aldermen and commonalty of the
city of New York.
1S34.-CHAPTER CCLVI.
AN ACT to providefor Supplyingl  the City of Nw  York with
Pure and Wholesome Water.-Passed MIay 2, 1834.
The People of the State of New  York, represented in Senate and
Assembly, do enact as follows:
Commnia-   SEC. 1. The governor shall nominate, and, with the  consent of the senate, shall appoint five persons, to be known as
the water commissioners for the city of New York, who shall be
citizens and inhabitants of the said city. (1)
To examine.  SEC. 2. It shall be the duty of the said commissioners to examineand consider all matters relative to supplying the city of
New York with a sufficient quantity of pure and wholesome
water, for the use of its inhabitants.
To employ    SEC. 3. The said colmmissioners shall have power to employ
enginen gineers, surveyors, and such other persons as, in their opinion,
may be necessary to enable them to perform their duties under
this act.
To adopt   SEC. 4. The said commissioners shall adopt such plan as, in'plan   their opinion, may be most advantageous for procuring such
supply of water, and shall ascertain, as nearly as may be, what
amount of money may be necessary to carry the same into effect;
and for such purpose they shall have power to make conditional
contracts, subject to the ratification of the common council of
the city of New York, with the owner o'r owners of all lands, tenements:, hereditaments, rights or privileges whatsoever, which
may be required according to such plan, for the purchase thereof
(1) [This section repealed by sec. 1, of chap. 383, Laws of 1849.]




CROTO  T WATER.                             639
at stated prices;, whilch contracts shall be so drawn as to be
binding upon the said owners respectively, in case the same
shall be ratified by the said common council within two years
from the passage of this act.
SEC. 5. The said commissioners shall make a report of their To report.
proceedings under the foregoing sections of this act, containing
a full statement and description of the plan adopted by them, an
estimate of the expense thereof, together with an estimate of the
probable amount of revenue to accrue to the city upon the completion of the work, with the reasons and calculations upon
which their opinions and the said estimates imay be founded, and
all such other information,'connected with the object of their
appointment, as they may deem important.
SEC. 6. Such report shall be made and presented to the cor- To common
mon council by the commissionersi together with all such con- c
ditional contracts as may have been made by them by virtue of
this act, on or before the first day of January, which will be in
the year one thousand eight hundred and thirty-six.
SEc. 7. In case the plan so adopted by the commissioners shall Plan, if apbe approved of by the common council, they shall appoint a poll submitted to
to be opened on the days upon which the next annual election "etos'
for charter officers is by law appointed to be held, and the inspectors of said election shall provide a ballot-box with suitable
lock and key, and the electors shall express their assent or refusal to allow the common council to proceed in raising the
money necessary to construct the works as aforesaid, by depositing their ballots in the box provided for that purpose in their
respective wards. And those electors, who are in favor of granting the necessary power to the common council, shall each deposit a ballot containing the word "yes," written or printed
thereon, and those who are opposed shall each deposit a ballot
containing the word " no," written or printed thereon. And a
canvass and return of the votes shall be made by the inspectors
of the election, in the same manner as is now prescribed by law
in regard to the canvass and return of votes' for charter officers
SEC. 8. If a majority of the said electors are found to be in Ifadopted,
favor of the measure, it shall then be lawful for the common thp work to
council to instruct the commissioners to proceed in the work; i.
and it shall also be lawful for the common council to raise by
loan, from time to time, and in such amounts as they may thinkl
fit, a sum  not exceeding two million five hundred  thousand
dollars, by the creation of a public fund or stock, to be called
"The Water Stock of the city of New York,' which shall
bear an  interest not exceeding five per cent. per annum,
and shall be redeemable at a period of time not less than
ten nor more than fifty years from  and after the passage of
this act.




640              ACTS RELATING TO THE CITY OF NEW YORK.
Stock.     SEC. 9. It shall be lawful for the said mayor, aldermen and
commonalty to determine what shall be the nominal amount or
value of each share of the said stock, and of what number of
shares the same shall consist; and they are hereby authorized
to sell and dispose of such shares at or above the par value
thereof, either at public auction or private sale, or to raise the
said sum of money by subscription for such stock in the mode
in which the stocks of banking and insurance companies are
usually subscribed for.
Act of June  SEC. 10. The provisions of the act, entitled " An act to regu-.   late the finances of the city of New York," passed June S, 1812,
which are not repugnant to or incompatible with any provision
in this act contained, shall apply to the said stock.
Money, how  SEC. 11. The moneys to be raised by virtue of this act shall
to bo applied    3
be applied and expended to and for the purpose of supplying the
city of New York with pure and wholesome water, according to
the plan so adopted and ratified, with such immaterial alterations
as may be necessary, and by and under the direction of the said
commissioners.
atr to    SEC. 12. The said commissioners are hereby authorized to
used.    enter upon  any land or water, for the purpose of making
surveys, and to agree, with the owner of any property which
may be required for the purposes of this act, as to the amount
of compensation to be paid to such owner.
Etimate of  SEC. 13. In cases of disagreement between the commissioners
and the owner of any property which may be required for the
said purposes, or affected by any operation  connected therewith, as to the amount of compensation to be paid to such
owner, or in case any such owner shall be an infant, a married
woman, or insane, or absent from this state, the vice-chancellor
of the first circuit may, upon the  application of either
party, nominate and appoint three indifferent persons to examine
such property, and to estimate the value thereof, or damage
sustained thereby, and to report thereon to the said court
without delay.
Amount to  SEC. 14. Whenever such report shall have been confirmed
be paid by the  said vice-chancellor, the  said commissioners shall,
within  two months thereafter, pay to the said owner, or to
such person or persons as the court may direct the sum mentioned in said report, in full compensation for the property so
required, or for the damage sustained, as the case may be;
and  thereupon the said  mayor, aldermen and commonalty
shall become seized in fee of such property so required, and
shall be discharged  from  all claim  by reason  of any such
damage.




CROTON WATER.                              641
SEC. 1.5. The saidcommissioners, in behalf of the said mayor, Ground u
aldermen and commonalty, and all persons acting under their
authority, shall have the right to use the ground or soil under
any street, highway or road within this state, for the purpose of
introducing water into the city of New York, on condition that
they shall cause the surface of such street, highway, or road, to
be restored to its original state, and all damages done thereto
to be repaired.
SEC. 16. If any person shall willfully do or cause to be done, Penalty.
any act whereby any work, materials or property whatsoever,
erected or used, or hereafter to be erected or used, within the
city of New York or elsewhere, by the said mayor, aldermen
and commonalty, or by any person acting under their authority,
for the purpose of procuring or keeping a supply of water, shall
in any manner be injured, such person, on conviction thereof,
shall be deemed guilty of a misdemeanor.
SEc. 17. All contracts for materials, or for the construction Contracts.
of the work, shall be made in writing, and of each contract three
copies shall be taken, which shall be numbered with the same
number, and indorsed with the date of the contract and with the
name of the contractor, and a summary of the work to be done
or materials furnished.
SEC. 18. One of such copies shall be retained by the commis- Where desioners, another shall be deposited with the comptroller of the posited.
city.
SEc. 19. Public notice shall be given of the time and place Notice.
at which sealed proposals will be received for entering into
contracts.
SEC. 20. All sealed proposals for contracts shall be for a sum sealed procertain as to the price to be paid or received, and no proposition posal'
which is not thus definite and certain, or which contains any
alternative condition or limitation as to price, shall be received
or acted on.
SEC. 21. No more than one proposition shall be received from How to be
any one person for the same contract, and all the propositions made
of the person offering more than one shall be rejected.
SEC. 22. Every person who shall enter into any contract, for Security.
the supply of materials or the performance of labor, shall give
satisfactory security to the commissioners for the faithful performance of his contract, according to its terms.
SEC. 23. All materials procured or partially procured, under Materials.
a contract with the commissioners, shall be exempt from execu41




642              ACTS RELATING TO THE CITY OF NEW YORK.
tion; but it shall be the duty of the commissioners to pay the
moneys due for such materials to the judgment creditor of the
contractor under whose execution such materials might otherwise have been sold, upon his producing to them due proof that
his execution would have so attached, and such payment shall
be held a valid payment on the contract.
Drafts on    SEC. 24. The common council shall authorize the commiscity comp-         d
tocr.CO-  sioners to draw upon the comptroller of the city for any sum,
in favor of and to be paid to the owner of any lands, waters,
streams or property acquired by virtue of this act, and in favor
of, and to be paid to, any contractor, for any sum due upon his
contract, and also for their incidental expenses. Sucl drafts
shall specify the objects for which they are drawn, in the manner provided in the seventeenth section of this act, as nearly
as may be; and the common council shall make it the duty
of the comptroller to pay such drafts, in every case where a
deed or other voucher is delivered to him, or a copy of a contract has been filed in his office, and a duplicate receipt of the
contractor for such draft shall be presented therewith.
Comptroller   SEC. 25. They shall also require the comptroller to report to
to repot  them a list of all the payments made by him upon the orders of
the commissioners, once in every six months, and previous to
such reports shall have the accounts of the commissioners and
of the comptroller examined by the finance committee of the
board of aldermen.
1836.-CHAPTER  CCXCIII.
AN  ACT to permit the IWater Commissioners of the City of
New York'to construct their Aqueduct through the State Prison
Farm at Mount Pleasant.-Passed May 11, 1836.
The People of the State of New York, represented in Senate and.Assembly, do enact as follows:
ExcvaStion   SEC. 1. The water commissioners appointed under the act
tteo farm entitled "An act to supply the city of New York with pure and
at Siig Si)ng wholesome water," passed May 2, 1834, are hereby authorized
and empowered, with the consent of the governor, and subject
to his control, to make the necessary excavations, and construct
the aqueduct for supplying the said city with water, through
the farm  appurtenant to the state prison at Mount Pleasant, in
the county of Westchester.;
Bestriction.   SEC. 2. Such  excavation  and  construction  shall not be
performed so as to interfere with any of the marble quarries on
said farm, or to endanger the safe keeping of any of the convicts




CROTON WATER.                             643
in said prison; and it shall be the duty of the inspectors of said
prison to see that this provision is carried into effect; and any
additional charge or expense which may be incurred to secure
prisoners shall be paid by the corporation of the city of New
York.
1836. -CHAPTER CCCCLXVIII.
AN: ACT to amend an act, entitled" An act to provide for supplying the City of New York with pure and wholesome Water," passed
liay 2, 1834.-Passed MIay 25, 1836.
The People of the State of New York, relpresented in Senate and
Assembly, do enact as follows:
SEC. 1. The lands situate in the county of Westchester which Land  how
may be taken by the corporation of the city and county of New
York, by virtue of the act hereby amended, shall be held and
appropriated by the said corporation only for the use and purpose of introducing water into the city of New York, and for
purposes necessarily incident thereto, and for no other uses or
purposes whatever, anything in the act hereby amended to the
contrary thereof notwithstanding.
SEC. 2. In case said -corporation of the city of New York condition.
should use any of said lands situate in the county of Westchester for purposes other than i- the last preceding section
permitted, or in case said land should not be required for the purpose of introducing water into the city of New York, such lands
so improperly used, or not so required, shall become revested
in the individual from whom the said corporation obtained it, as
fully and perfectly as though the act hereby amended had never
been enacted, upon repaying to said corporation the amount
originally paid for the same, after deducting from such amount
the damages sustained by such individual, by reason of any
alteration or work which the said corporation may have made
upon said land.
SEC. 3. The corporation of the city of New York shall, at the Fences.
expense of the said corporation, erect and sustain all fences
which may be required to protect said works from injury.
SEC. 4. The corporation of the city of New York shall, at the Passes.
expense of the said corporation, erect and sustain convenient
passes across or under the aqueduct, to be erected by virtue of
the act hereby amended, whenever said aqueducts shall intersect
the land in the said county of Westchester belonging to an




644              ACTS RELATING TO THE CITY OF NEW YORK.
individual or individuals, for the farming and other purposes of
the land thus intersected.
Repeal.   SEC. 5. So much and such parts of the act hereby amended,
as is inconsistent with this act, is hereby repealed.
1837.-CHAPTER CCCXXVIII.
AN ACT to provide for such Alterations in the Line or Route
of the Croton Turnpike Road or Highway in the County oJ
Westchester, as may be rendered necessary by the Plan adopted
for Supplying the City of New York with Pure and WZholesome
TWater, under and by virtue of the act for that Purpose, passed
May 2d, 1834.-Passed May 5, 1837.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Commission-  SEC. 1. The governor shall nominate, and with the conalterationsin sent of the senate, shall appoint three competent and disinterthe  line  of
road.    ested persons, who shall be freeholders and -inhabitants of the
county of Westchester, as commissioners, who shall be authorized to order and direct such alterations in the present line or
route of the Croton turnpike or public road or highway in the
county of Westchester, which may be covered with water, or
otherwise injured by reason of the construction of a dam in the
Croton river, and which, in their judgment, may be rendered
necessary for a reservoir for supplying the city of New York
with pure and wholesome water, according to the act for that
purpose, passed: May 2d, 1834. And the said commissioners
shall have power to lay out and designate, in lieu of such parts
of any of the said turnpike, or public roads or highways as may
be discontinued by them by virtue of this act, such other land
as may be necessary for the route or line of any such turnpike,
public road or highway as altered by them.
Turnpike,    SEC. 2. It shall be the duty of such commissioners to lay out
lad out b and designate such turnpike, public road or highway, as may
require to be changed from their present line or route, according
to their best judgment, and in such manner as shall best promote the objects intended and the interests of the public.
They shall cause to be made an accurate map of their surveys
of such turnpike or road, designating therein the several points
near or through which they may pass, and to file such map in
the office of the clerk of the county of Westchester.
Pay of corn-  SEC. 3. Each commissioner, for each day he may be employed
ms.  in the performance of such duty, shall receive the sum of three




CROTON WATER.                             645
dollars, to be paid, together with the expenses of surveys and
maps, from  the funds provided by the common council of the
city of New York for that purpose.
SEC. 4. The water commissioners of the city of New York Power of
are hereby authorized to agree with the owner or owners of any watr com.
land or property which may be required for any such altera- mi'siners
tions, as to the amount of compensation to be paid to any such
owner or owners, for any damage to be thereby sustained by
him; and in case of disagreement between the said water commissioners and any such owner or owners, or in case of the infancy, coverture, insanity, or absence from this state of any such
owner, the vice-chancellor of the second circuit may, upon the
application of either party, nominate and appoint three disinterested persons who shall be freeholders and inhabitants of the
county of Westchester, to examine the land required for the
alteration of the route of any such turnpike or road, and to estimate the value thereof, and damage sustained thereby, and to
report thereon to the said court without delay.
SEC. 5. Whenever such report shall have been confirmed by Payment to
the said vice-chancellor, the said water commissioners shall, be ade to
within two months thereafter, pay to the owner, or to such per- o lands.
son or persons as the court may direct, the sum mentioned in
said report, in full compensation for the property so required,
and damage sustained; and thereupon the said water commissioners shall be discharged from  all claim  for the land thus
required or damage sustained.
SEC. 6. The said turnpike, public road or highway, laid out Road  and
by the commissioners appointed by virtue of this act, together bmdgestob
with the bridges thereon, shall be built or constructed by or
under the authority of the water commissioners, and the cost
and expense thereof shall be paid from the funds provided by
the common council for supplying the city of New York with
pure and wholesome water.
SEC. 7. The roads thus laid out, with the bridges thereon, when comshall be constructed of good materials, and in a substantial plete to oer
manner; and it shall be the duty of the commissioners appointed given.
by virtue of this act, upon the requisition of the water commissioners, or of the owner or owners of any road or bridge so constructed, to inspect the same, and if the said commissioners, or
any two of them, shall be satisfied that the said bridge or road,
as the case may be, is as well constructed as the old or former
road or bridge, and equally substantial, they shall make two
certificates of the fact, one for the water commissioners, and one
for the owner of the road or bridge so constructed, and one of
the said certificates shall be recorded in the office of register of
the city and county of New York, and the other in the clerk's
office of the county of Westchester.




646             ACTS RELATING TO THE CITY OFL NEW YORK.
Other dam- SEC. 8. The said commissioners appointed under and by virtue
ascertained. of this act, shall also estimate the damage, if any, sustained or to
be sustained by the owner of any bridge or road, the route or
location of which may have been changed as aforesaid, by reason
of such change, and any consequent probable future increased
charges and expense of upholding the said road or.bridge, the
diminished profits arising from the use thereof, or any other
cause whatever; and the said commissioners shall, immediately
thereafter, make a report thereon to the vice-chancellor of the
second circuit.
Owner to b   SEC. 9. Whenever such report shall have been confirmed by
the said vice-chancellor, the said water commissioners shall,
within two months thereafter, pay to the owner or owners of
any such road or bridge, or to such person or persons as the
court may direct, the sum mentioned in the said report, in full
satisfaction of such damages; and upon such payment being so
made, and the two certificates mentioned in the seventh section
of this act being filed as therein prescribed, or either of the said
certificates being filed in the office of the register of the city and
county of New York, and in the clerk's office of the county of
Westchester, the mayor, aldermen and commonalty of the city
of New York, and the said water commissioners, shall be released
from all further charge or expenditure, on account of any such
road or bridge, and all further damages for the change in the
route or location of the same.'Savin.g  SEC. 10. Nothing herein contained shall be construed to
authorize the alteration of any other turnpike, public road or
highway, than such as are mentioned in the first section of this
act.
Water corn-; SEC. 11. The said water commissioners shall, semi-annually, or
to reporat any time, if required by the common council, report to the
corporation of the city of New York, a general exhibition of the
state of the work, including a full detail of the amount expended
and of the progress made by them in the furtherance of the contemplated object.
Actto take  SEC. 12. This act shall take effect on the passage thereof.
1838. CHAPTER  CXXVII.
AN ACT to amend an act, entitled "An act to provide for Supplying the City of New York with Pure and Wholesome Water,"
passed May 2, 1834.-Passed March 29, 1838.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
stock to the  SEC. 1. It shall be lawful:for the mayor, aldermen and coma o of,0  o monalty of the city of New York to raise by loan, from time to




CROTON WATER.                             647
time, and in such amounts as they shall see fit, a further sum, may becreanot exceeding three millions of dollars, by the creation of a
public fund or stock to be called "The Water Stock of the City
of New York," which will bear an interest not exceeding six per
centuim per annum, and shall be redeemable at such periods as
the said mayor, aldermen and commonalty, upon issuing the
same, shall from time to time direct, not exceeding twenty
years.
SEC. 2. It shall be lawful for the said mayor, aldermen and Amount and
value of each
commonalty to determine what shall be the nominal amount or share.
value of each share of said stock, and of what number of shares
the same shall consist; and they are hereby authorized to sell
and dispose of such shares at public auction, or at private sale,
or by subscription, for such stock and on such terms as they
shall think proper.
SEC. 3. The moneys to be raised by virtue of this act shall be tobeyppid
applied and expended to and for the purpose of supplying the
city of New York with pure and wholesome water, according
to the provisions of the act, entitled "An act to provide for
supplying of the city of New York with pure and wholesome
water," passed May 2, 1834.
SEC. 4. All the provisions of the laws heretofore passed on Pledge to re.
this subject, pledging the faith of the city of New York, and deemstoc^
providing a sinking fund for the redemption of the stock issued
by virtue thereof, are hereby made applicable to the stock issued
in pursuance of this act.
1839.-CHAPTER CCCXVIII.
AN ACT prescribing the Manner in which the Croton Aqueduct
shall pass the Harlem River.-Passed April 3, 1839.
The People of the State of New  York, represented iln Senate and
Assembly, do enact asfollows:
SEC. 1. The water commissioners of the city of New York, Aqueduct,
how to be
shall construct an aqueduct over the Harlem river, with arches constructed.
and piers; the arches in the channel of said river shall be at
least eighty feet span, and not less than one hundred feet from'the usual high water mark of the river to the under side of the
arches at the crown; or they may carry the water across said
river by a tunnel under the channel of the river, the top of
which tunnel shall not be above the present bed of said
channel,




648             ACTS RELATING TO THE CITY OF NEW YORK.
1840.-CHAPTER  CLXXV.
AN ACT further to amend an act, entitled "An act to provide for
Supplying the City of New York with Pure and Wholesome
Water," passed May 2, 1834.-Passed April 27, 1840.
The People of the State of New  York, represented in Senate and
Assembly, do enact as follows:
Loan  of   SEC. 1. It shall be lawful for the mayor, aldermen  and
may be  commonalty of the city of New York, to raise by loan from
raised.  time to time, and in such amounts as they may think fit, a further sum, not exceeding three millions of dollars, by the creation
of a public fund or stock,' to be called " The Water Stock of the
city of New York," which shall bear such interest, not exceeding six per cent., and shall be redeemable at such periods, not
exceeding thirty years, as the mayor, aldermen and commonalty,
upon issuing the same, may from time to time direct.
certificates   SEC. 2. It shall be lawful for the said mayor, aldermen and
b iued. o commonalty to direct the issuing of certificates, and allowing of
transfers of the water stock of the city of New York, authorized by this or by any former act, in such nominal amounts, and
in such manner and form as they may judge most expedient for
the interest of the city; and they are hereby authorized to sell
and dispose of such shares at public auction or at private sale,
or by subscription, for such price and on such terms as they may
think proper.
Moneys, how  SEC. 3. The moneys to be raised by virtue of this act shall be
to be applied.  applied and expended to and for the purpose of supplying the
city of New York with pure and wholesome water, according
to the provisions of the act hereby amended.
Provisions   SEC. 4. All the provisions of the laws heretofore passed on the
Crotonwter subject of the Croton water works, pledging the faith of the
works appli- city of New York, and providing a sinking fund for the redemption of the stock issued by virtue thereof, are hereby made
applicable to the stock issued in pursuance of this act.
Provisions SEC. 5. No part of the funds created by this act, or any other
thepctprg fund raised for the purpose of constructing or completing the
priation of Croton aqueduct, and the works connected therewith, and disfunds.
tributing the water throughout the city, shall be diverted from
such object, and no items of expenditure hereafter to be made
by the corporation of the city of New York, and not approved
by the water commissioners and comptroller of said city, shall
be charged by the corporation of the said city to the debit of the




CROTON WATER.                              649
said fund; but this provision shall not apply to the refunding of
advances heretofore made by the said corporation, for or on
account of the said aqueduct or the water pipes connected
therewith.
1840.-CHAPTER CCXXXV.
ANACT to regulate the Place and Manner of Assessing and Taxing the Croton Aqueduct.-Passed May 7, 1840.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEc. 1. The lands in the  county of Westchester, taken,
held and occupied or used for the Croton aqueduct or any of the
purposes thereof, shall be assessed and taxed in the said county,
in the manner prescribed by law, at the value of the lands
exclusive of the aqueduct and the constructions and works necessary for its purposes; and the said aqueduct, with such aforesaid constructions for works, and the capital therein employed
and belonging to the corporation of the city of New York, shall
be assessed and taxed only within the city and county of New
York, and in the same manner as personal property of the said
corporation, now is or may hereafter be assessed and taxed.
1841.-CHAPTER  CCCVI.
AN ACT to amend an act, entitled "An act to providefor supplying the city of New York with Pure and Wholesome Water,"
passed May 2, 1834.-Passed May 26, 1841, by a two-third
vote.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. It shall be lawful for the mayor, aldermen, and con- The sum of
-monalty of the city of New York to raise, by loan, from time $3a,00000b
to time, and in such amounts as they shall see fit, a further sum raised, to be
not exceeding three millions five hundred thousand dollars, by stock.
the creation of a public fund or stock, to be called " The Water
Stock of the city of New York," which shall bear an interest
not exceeding six per cent. per annum, and shall be redeemable
at such periods as the said mayor, aldermen, and commonalty
shall, fromr time to time, direct, not to exceed forty years.
Certificates
SEC. 2. It shall be lawful for the said mayor, aldermen, and of water
commonalty to direct the issuing of certificates of the water stock ob issued.




650              ACTS RELATING TO THE CITY OF NEW YORK.
of the city of New York, authorized by this act, in such nominal amounts, not less than one hundred dollars in each certificate,
and in such manner and form as they may judge most expedient
for the interest of the city; and they are hereby authorized to
sell and dispose of such stock at public auction or private sale,
or by subscription, for such price and on such terms as they
may think proper.
onds fora   SEC. 3. It shall be lawful for the said mayor, aldermen, and
may be is- commonalty, from  time to time, to issue the obligations under
this law in such sums as they shall deem proper, not less than
two hundred and fifty dollars each; and therein expressed to be
transferable only on the books of the office of the comptroller
of said city, by the holder thereof in person, or his attorney,
duly authorized, in writing, for short periods, bearing an interest not exceeding seven per cent. per annum, and in anticipation
of the proceeds to arise from the negotiation of the permanent
stock authorized by this law.
Moneys,how   SEC. 4. The moneys to be raised by virtue of this act shall
plied.  P be applied and expended to and for the purpose of supplying
the city with pure and wholesome water, according to the provisions of the act hereby amended; and no part of the funds
created by this act, or any other fund raised for the purpose of
constructing or completing the Croton aqueduct, and the works
connected therewith, and distributing the water through the
city, shall be diverted from such object.
Provisions    SEC. 5. All the provisions of law  heretofore passed on this
o' former
lawsapplica- subject, pledging the faith of the city of New York, and proble.    Yiding a sinking fund for the redemption of the stock issued by
virtue thereof, are hereby made applicable to the stock issued
in pursuance of this act.
SEc. 6. [This section repealed by sec. 2, chap. 231, Laws of
1843.]
Row to be  SEC. 7. The said money shall be assessed and collected in the
assessed andc
collectel.  same manner as now  provided by law for tile assessment and
collection of taxes in the city of New York.
Aqueduct to  SEC. 8. It shall be the duty of the water commissioners of
be completed
according to the city of New York to finish and complete the aqueduct for
pla'.   supplying the said city with water, down to and including the
distributing reservoir at Murray's hill, according to the plan
adopted by the said commissioners, and ratified by the common
council of the said city, with such immaterial alterations as may
be necessary, and as may be agreed upon by the said water
commissioners and the said common council.




CROTON WATER.                              651
SEC. 9. The said commissioners, by and with the consent of lncr~-r
the said common council,:shall have full power and authority to river may
change the plan of crossing the Harlem river with arches and    ng
piers, and instead thereof to carry the water across the said
river by means of inverted syphons or iron pipes, until otherwise directed by the' legislature, so as not unnecessarily to
interrupt the navigation of the said river. And the said commissioners are further authorized, by and with the consent of
the said common council, to alter the plan of constructing the
reservoir at or near to Yorkville, and to complete so much of
such reservoir as shall be deemed sufficient for the present purposes of such aqueduct.
SEC. 10. It shall be the duty of the mayor, aldermen andAl th work
necessary to
commonalty of the city of New York, to execute all the work supply city
with water
necessary for supplying the said city with water, and for dis- to be ehoec
tributing the same for the use of the inhabitants thereof, below tain Co
the said distributing reservoir at Murray's hill; and the said tract to be
assumed.
mayor, aldermen and commonalty shall assume the execution
and performance of the following contracts, made by the said
water commissioners for work and materials to be supplied for
the construction of the said aqueduct, below the said reservoir
at Murray's hill; that is to say, their contract with Henry V.
B. Barker, dated twentieth of October, one thousand eight hundried and forty, for work to be done on the Fifth avenue,
between Fortieth and Twenty-first streets; their contract with
John B. Chollar and Ebenezer Jones, made the twenty-third of
October, one thousand eight hundred and forty, for iron pipe;
their contract with S. V. Merrick and John Town, for seven
hundred tons of thirty-inch iron pipe; and also their contract
with T. H. Wintersteen and David I. Myers, fbr five hundred
tons of iron pipe; all of which said contracts are deposited in
the office of the comptroller of the city of New York.
1842.-CHAPTER  CCXXV.
-AN ACT for the Preservation of the Croton WVater Works in the
city of New York.-Passed April 11, 1842, by a two-third
vote.
T-he People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The mayor, aldermen and commonalty of the city of By-aws and
New York, are hereby authorized to pass such by-laws and may  be
ordinances, as to them shall seem meet, for the preservation and made
protection of all or any:of the works connected with the supplying of the city of New York with pure and wholesome water,




652              ACTS RELATING        TO THE CITY OF NEW YORK.
under and by virtue of the act to provide for supplying the city
of New York with pure and wholesome water, passed May 2d,
1834, and the acts amending the same, provided that such bylaws and ordinances are not inconsistent with any laws of this
state, or with the constitution thereof, subject at any time to be
repealed or modified by the legislature; and also to organize a
department with full powers for the management of such works,
and the distribution of the said water.
SEC. 2. This act shall take effect immediately.
1843. CHAPTER CCXXXL
AN ACT in relation to the Croton Water TWorks of the City Cf
New York. —Passed April 18, 1843, by a two-third vote.
The People of the State o(' New York, represented in Senate and
Assembly, do enact as follows:
Money to be SEC. 1. It shall be lawful for the mayor, recorder and
ta lto pay aldermen of the city of New York, acting as the supervisors of
interest on the said city, to order and cause to be raised annually, and to be
water stock.
collected, such amount of money as shall be requisite to defray
the interest upon the "water-stock of the city of New York,"
by tax on the estates, real and personal, of the freeholders and
inhabitants of, and situate within such portions of said city, as
ater pipes, shall be comprised within the following limits, to wit:  All of
where to be the said city which lies south of a line commencing on the west
bounds of the said city, opposite the centre of the block between
streets now known as Thirty and Thirty-first, running thence
easterly on a straight line fiom its commencement to the east
bounds of said city, and such other streets and avenues north of
the above-named line as the mayor, recorder and aldermen of
the city of New York (acting as the aforesaid supervisors) may,
from time to time, order and cause to be laid therein, the water
pipes for the supplying the inhabitants thereof with Croton
water.  (As amended by chap. 23, Laws of 1846.)
Repeal.    SEC. 2. The sixth section of the act, entitled "An act to
amend a  aact entitled an act to provide for supplying the city
of New York with pure and wholesome water," passed May 26,
1841, is hereby repealed.
saving     SEC. 3. This act shall not in any manner be construed to affect
clause    any act done, or right accrued, proceeding, suit or prosecution
commenced or pending under the said sixth section of the act
hereby repealed.




CROTON WATER.                               653
1845.-CHAPTER  CXXXVII.
AN ACT to prohibit the throwing  or depositing in the Croton
Aqueduct, or either of the Reservoirs, any Dead Animal or
other Offensive Matter, or any other thing whatever.-Passed
May 7, 1845.
The People of the State of New Yorkc, represented in Senate and
Assembly, do enact as follows:
SEc. 1. It shall not be lawful for any person to throw or rohibition.
deposit, or cause to be thrown or deposited, in the Croton lake,
above the Croton dam, or in the Croton aqueduct, or either of
the Croton reservoirs, any dead animal or other offensive matter,
or anything whatever.
SEC. 2. Any person offending against the first section of this Penalty.
act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by fine or imprisonment, or
both, in the discretion of the court; such fine not to exceed the
sum  of one hundred dollars, and such imprisonment not to
exceed the period of three months. If the offense is committed
in the county of Westchester, such imprisonment to be in the
jail of said county; if in the city and county of New York, such
imprisonment to be in the penitentiary.
SEC. 3. It shall be the duty of the commissioners of the Copiesofthis
Croton aqueduct to cause to be put up in conspicuous places in,Pt to be put
the county of Westchester, and in the city and county of New
York, a copy of this act.
1845.-CHAPTER  CCXXV.
ANACT creating a Public Fund or Stock in the City of New York,
to be called " The Croton WTater Stock," and in relation to the
Sinking Fund of said City.-Passed May 13, 1845, by a twothird vote.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. It shall be lawful for the mayor, aldermen and con- Loan of
monalty of the city of New York, to raise by loan, from time to    be0o
time, and in such amounts as they may think fit, a sum  not raised.
exceeding five hundred thousand dollars, by the creation of a
public fund or stock, to be called " The Croton Water Stock,"
which shall bear an interest not exceeding six per centum per
annum, and shall be redeemable within a period of time not
exceeding forty-five years from and after the passage of this act.




654              ACTS RELATING TO THE CITY OF NEW YORK.
Value of each  SEC. 2. It shall be lawful for the said mayor, aldermen and
etermied. commonalty of the city New York, to determine what shall be
the nominal amount or value of each share of the said stock, and
of what number of shares the same shall consist; and they are
hereby authorized to sell and dispose of such shares at or above
the par value thereof, either at public auction or private sale.
Act of 1812.  SEC. 3. The provisions of the act entitled "An act to regulate
the finances of the city of New York," passed June 8, 1S12,
which are not repugnant to or incompatible with any provision
in this act contained, shall apply to said stock.
Moneys,    SEC. 4. The moneys to be raised by virtue of this act shall
^plied'  be applied to, and expended for, the purpose of liquidating the
damages and expenses of introducing the Croton water into the
city of New York.
how amend- 
Ordinance,   SEC. 5. The ordinance now in force and approved of by the
~e,.    mayor of the said city on the twenty-second day of February,
one thousand eight hundred and forty-four, and any ordinance
that may hereafter be passed by the said the mayor, aldermen
and commonalty of the city of New York, in conformity with
the provisions of this law, and relative to the said sinking fund,
shall not be amended without the consent of the legislature
first had and obtained, except by setting apart and appropriating
to and for the purpose of the said sinking fund, additional revenue, whenever the said the mayor, aldermen and commonalty
shall deem proper; and the said ordinance shall remain in full
force until the whole of the debt created by the introduction of
the Croton water into the city of New York shall be fully
redeemed.
1849.-CHAPTER  XC.
AN ACT to enable the Mayor, Aldermen and Commonalty of the
City of New York to extend the Croton Water Works.-Passed
March 12, 1849, "three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact asjollows:
Money to be  SEC. 1. It shall be lawful for the mayor, aldermen and como.d  by monalty of the city of New York to raise by loan, from time to
time, in such amounts as they may deem necessary, a sum not
exceeding six hundred thousand dollars, by the creation of a
public fund or stock, to be called "The water stock of the city
of New York of the year one thousand eight hundred and fortynine," which shall bear an interest not exceeding five per cent.




CROTON WATER.                               655
per annum, and which shall be redeemable at a period of time
not less than twenty nor more than fifty years after the passage
of this act.
SEC. 2. It shall be lawful for the said mayor, aldermen and Amount of
each share
commonalty, to determine what shall be the nominal amount to be fixed.
or value of each share of the said stock, and of what number of
shares the same shall consist, and they are hereby authorized to
sell and dispose of such shares at or above the par value thereof,
either at public auction or private sale, or to raise the said sum
by subscriptions for such stock in the mode in which such stocks
are usually subscribed for.
SEc. 3. All the provisions of the law heretofore passed pledg- rovision reing the faith of the city of New York, and providing a sinking sinkingfud.
fund for the redemption of the stock issued by virtue thereof,
are hereby made applicable to the stock issued in pursuance of
this act.
SEc.-4. The moneys to be raised by virtue of this act shall be Moneys,how
applied and expended to. and for the purpose of purchasing plied 
ground if necessary or expedient, of building an additional
reservoir, of laying new mains, and increasing the supply of
water in the city.
1849.-CHAPTER  CCCLXXXIII.
AN ACT to create the " Croton Aqueduct Departmeint in the City
of New  York."-Passed April 11, 1849, " three-fifths being
present."
The People of the State of New York, represented in Senate and
Assembly, do enact as fbllows:
SEC. 1. The first section of the act for the appointment of epeal.
water commissioners by the governor and senate, for the city
of New York, passed the second day of May, 183k, is hereby
repealed; and& the direction and settlement of all suits, claims Settlement
and demands against the mayor, aldermen and commonalty ofclm  to
the city of New York, or the water commissioners of said city, Croton
for property taken by the said commissioners, shall devolve board.
upon the Croton aqueduct board, as constituted by this act.
SE-c. 2. [Abrogated by charter of 1857.]
SEC. 3. The commissioners appointed- under this act shall Slries to
I' ~:....                               bo fixed.
receive such annual compensation for their services as the common council shall determine, but such compensation shall not
be increased or diminished during the term for which they shall
have been appointed.




656              ACTS RELATING TO THE CITY OF NEW YORK.
Board to    SEC. 4. The Croton aqueduct board, in addition to the matters
ofro ctrgo charged upon them by said amended charter, are hereby charged
k erand with the preservation of the Croton lake and waters, with the
preservation of the banks of the Croton river from injury or
nuisances, with the execution of such measures as may be
necessary to preserve and increase the quantity of water and
keep it pure, with the management, preservation and repairs of
Dam, gates, the dam, gates, aqueduct, high bridge, reservoirs, mains, pipes,
aqueduct,
high bridge, pipe yard, and property of every description belonging to the
water works, and they shall have the construction of such new
works, and the purchase and laying down of such mains and pipe
as the common council may authorize, and also the construction,
repairs, and cleansing of all the sewers and underground drains,
but subject to the orders and directions of the common council,
as to the times and places of building new sewers, and to the geneeral plan which has been or may be adopted for the sewerage and
Responsi-r drainage of said city.  They shall be responsible for the supply of
supply  of water, and the good order and security of all the works, from the
water and
security of Croton lake to the city, inclusive, for the exactness and durability
the works. of the structures which may be erected, and of the daily work to
be performed, and for the sufficiency of the supply in the pipe
yard to meet every casualty, and for the fidelity, care and attention of all persons employed by the department in watching
the works and in making constructions and repairs, and shall
inspect thoroughly the interior of the aqueduct, and make the
necessary repairs at least twice in each year.
President of SEC. 5. The president-commissioner shall be president of
the board
and his du- the Croton aqueduct board, and have the general superintendties.    ence and direction of all the business and concerns of the department, and the execution of the laws and ordinances relating
thereto.
Duty of the  SEC. G. The water register shall receive and be accountable
etero rs- for the income of the water rents, and have the especial charge
and superintendence of the accounts of the department under
the direction of the board. He shai pay over all money he
shall receive, and account therefor as said common council shall
direct, and shall give such security for the faithful discharge of
the duties of his office as the common council of said city shall
by ordinance prescribe. No such security shall be deemed cancelled, expired, or lost for want of renewal on a reappointment
of the officer.
Wator pur.  SEC. 7. The Croton aqueduct board shall nominate and by
apyointed. and with the advice and consent of the board of aldermen,
appoint a water purveyor to be charged with the superintendence of the laying and repairing of the water pipes, and the
construction, repairing and cleansing of the sewers, and underground drains. They shall appoint and employ all the clerks,




CROTON WATER.                                 657
foremen, mechanics, keepers, watchers, laborers and other per- Clerks, foresons whom they may judge to be necessary for the performance chanics, &o.
of their duties  under this act, except the officers and clerks in
the bureau of the water register, and shall require such bonds
and securities as they may deem proper fromn such of said officers and servants as they shall appoint.
SEC. 8. All bills shall be examined and passed on by the Cro- Bi1.'s  ho
ton aqueduct board, and the comptroller of the city shall payand paid.
the requisitions of the board for the salaries of the officers and
men attached to the department, and for blank books, paper,
and contingencies of the office.  The requisitions which shall be
made by the board for repairs, laying of' mains and new work,
shall be paid by the comptroller, to the amount appropriated by
the common council to each respectively, but no more.
SEc. 9. The annual report of the Croton aqueduct depart-Annual rement shall be made on or before the 31st day of December, in and how to
each year.  It shall contain the statistics of the department, its bemad
receipts and expenditures of money in detail, a history of leading
events, and such opinions and such recommendations relating to
the condition and improvement of the works as they shall deem
proper.  [Scc. I, chap. 154, Laws of 1850.]
SEc. 10. On or before the third -Monday in December, inA working
plan to be
every year, the Croton aqueduct board shall report to the com- rported
mon council, a working plan for the ensuing year, under the,in Dombe"
several heads of repairs, purchase and laying of mains and pipes,
sewers, drains, and new work, with an estimate of the quantity
of work under each head of expenditure, which it shall be proposed to undertake, and of the costs of each, and of the amount
of salaries and contingencies to be incurred, and exhibiting a total
of the expenditures contemplated to be made during the ensuing twelve months, from the first day of January then next.
SEC. 11. The appropriations which the common council shall iPermrB,
make for the preservation and repair of the works, shall be ho applied.
applied to those objects alone for which the appropriations shall
be made, and the expenditure for any object shall not exceed the
appropriation therefor.
SEc. 12. No company or an individual shall make any inser- Restriction
tion in any main above twenty-four inches in diameter, without tio ns.
the express permission of the common council.
SEc. 13. All such parts of the Island of New York, as may water tax,
how far to
be from  time to time designated as the "water districts," in extend.
accordance with "An act in relation to the Croton water works
in the city of New York," passed April 18, 1843, shall be subject to the water tax.
42




658               ACTS RELATING TO THE CITY OF NEW  YORK.
Board may  SEC. 14. The Croton aqueduct board are hereby authorized to
enter  upon'  
any land or enter upon any land or water for the purpose of making surveys
water  to
matk r      or laying mains and pipes, or constructing reservoirs, and to
veys, &c.  agree with the owner of any property which may be required
for the purposes of this act, subject to the ratification of the
common council.  The Croton aqueduct board, in behalf of the
mayor, aldermen and commonalty of the city of New York, may
Andl  take enter upon, take possession of and use all such land, real estate
the same ol and property, as may be required for the purpose of making
makingcom- surveys, or laying mains or pipes, or constructing reservoirs,
therefor.  sewers and drains, and the covenient accommodations appertaining to the same, they making compensation therefor, in the
manner provided in and by the act, entitled " An act to authorize the formation of railroad corporations," passed March 27,
1S48, except that the commissioners of appraisement to be
appointed by the court shall be appointed as follows, that is to
say: one on the nomination of said Croton aqueduct board, one
on the nomination of the other party or parties to the proceeding, if they shall agree on such nomination, and the other on
the selection of the court; but nothing herein shall restrain the
court from  rejecting any nomination which shall be made by
a party and  disapproved of by the court for cause; such
commissioners shall each be allowed three dollars a day for his
services.
Contracts to  SEC. 15. The Croton aqueduct board shall have power to
be made.
mma  ake all contracts for materials  and work for the Croton
aqueduct, or for the construction or repair of sewers in the city
of New York, but the common council shall prescribe rules and
regulations for the government of said board in respect to proposals and contracts.
Committee    SEC. 16. It shall be the duty of the Croton aqueduct commitof common
council to tees of the common council to inspect the works once a year, in
nspect othn all their extent and details, and in the most thorough and
year.    complete manner, and to make report thereof to the common
council.  They shall also, on the first Monday in November in
each year, appoint a committee of two of their body to search
and examine all the books, accounts and vouchers of the department, and the receipts of the water rents, and make report
thereof to the common council.  The said committee of two
shall receive for their services three dollars a day, for every day
of ten hours, not exceeding sixty days, while they are engaged
in said examination of said books, accounts and vouchers.  The
Croton aqueduct committees shall draw on the comptroller of
the city for the amount of the compensation of their sub-committee, provided they are satisfied that the examinations have
comprehended the whole internal system  of administration,
and have been completed in relation to the books, accounts and
vouchers, and to the receipts and payments of money in the
department.




CROTON WATER.                               659
SEC. 17. If any person shall willfully- do, or cause to be done, Penalty for
any act whereby any work, materials or property wvhatever, orks&c.
erected or used, or hereafter to be erected or used, within the
city of New York or elsewhere, by the said mayor, aldermen
and commonalty, or by any person acting under their authority,
for the purpose of procuring or keeping a supply of water, shall in
any manner be injured, or shall erect or place any nuisance on the
banks of the Croton river, or throw any nuisance into the Croton
river above the dam, or shall throw anything into the aqueduct
or into any reservoir or pipe, such person, on conviction thereof,
shall be deemed guilty of a misdemeanor.
SEC. 18. The common council of said city may, by ordinance S, Scoe f
establish a scale of annual rents for the supply of the Croton to be estabwater, to be called the "regular rents," and apportioned to Croton wadifferent classes of buildings in said city, in reference to their ter
dimensions, values, exposure to fires, ordinary uses for dwellings,
stores, shops, private stables and other common purposes, number of families or occupants, or consumption of water, as near
as may be practicable, and modify, alter-and amend, and increase
such scale, from time to time, and extend it to other descriptions
of buildings and establishments.  Such regular rents, when so
established, shall be collected from  the owners or occupants of
all such buildings, respectively, which shall be situated upon
lots adjoining any street or avenue in said city, in which the
distributing water pipes are or may be laid, and from which they
can be supplied with water. Said " regular rents " shall become
a charge and lien upon such houses and lots respectively as
herein provided.
SEC. 19. Hotels, factories, stables, livery stables, and other ~tra rents
buildings and establishments which consume extra quantities ofoharged.
water, may, in addition to the regularrents, be charged with
additional rents, to be called the " extra rents."
SEc. 20. The regular annual rents, which are not paid at the Rents in ar
Croton aqueduct department before the first day of August in sujec to 
each year, shall be subject to an additional charge of five per per centag.
cent., and those rates not paid before the first day of November
in each year shall be subject to an additional charge of ten per
cent..SEc. 21. The president of the Croton aqueduct department President to
prepare lists,
shall, at the termination of each water year, cause lists to be ineachward
prepared for each ward in the city within the water district, ofdefaulters
containing a tax-book, description of the buildings, and the
names of the owners thereof, within the water district, which
have not paid the regular rate of water rent for that year, and a
statement of the rent due, including the additional charge.
[Sections 22, 23, 24, and 25 repealed by sec. 3, chap. 29S,
Laws of 18.51.]




660              ACTS RELATING TO THE CITY OF NEW YORK.
Water reint   SEC. 26. [Amended by sec. 4, chap. 298, Laws of 1851, so
inserted   in
tax books tto ato read:] The water rents so in arrears shall be, and continue
be a lien on
property un- to be, until paid, a lien upon the property to which the rent
tilpid.   applies, and may be recovered and collected by sale of the
premises, as provided by law  in the cases of unpaid taxes in
the city of New York.
Blaesprinted  SEC. 27. The rules and restrictions for the use of the water,
on permits to
be notice to printed on each permit, shall be notice to the water takers, and
shall authorize the exaction and recovery, by process of law,
of any penalties which the Croton aqueduct board may impose
in addition to cutting off the use of the water for any violation
of the rules, and this section shall be printed on such permits.
This mode of  SEC. 28. For the collection of the water rents to be imposed
when totake by virtue of this act, it shall take effect on the first day of May,
effect,   in the year after that in which the common council determines
to carry its provisions into effect, and for the transmutation of
the unpaid rents into a direct tax on the description of buildings
to which they may be made to apply by ordinance of the
common council.
SEC. 29. This act shall take effect on the first day of May, in
the year following that in which the said rents become payable.
1851.-CHAPTER CCXXXV.
AN ACT to authorize the Mayor, Aldermen, and Commonalty of
the city of New  York to raise Money by Loan, and to create a
Public Fund or Stock, to be called " Croton Water Stock of the
city of New York."-Passed June 20, 1851.
The People of the State of Lew  orkc, represented in Senate and
Assembly, do enact as follows:
Lon, how  SEC. 1. It shall be lawful for the mayor, aldermen, and commonalty of the city of New York to raise by loan, from time
to time, and in such amounts as occasion may require, a sum not
exceeding five hundred thousand dollars, by the creation of a
public fund or stock, to be called " Croton Water Stock of the
city of New York," which shall bear an interest not exceeding
five per centum per annum, and shall be subject to all the pro-'
visions of and payable from the sinking fund for the redemption
of the city debt, on and after the first day of February, eighteen
hundred and ninety: Provided, however, that it shall not be lawful for the said mayor, aldermen, and commonalty to issue of
said stock, during the year eighteen hundred and fifty-one, an
amount exceeding the sum of three hundred and fifty thousand




CROTON WATER.                             661
dollars, and during the year one thousand eight hundred and fiftytwo, an amount exceeding the sum of one hundred and fifty
thousand dollars, and that the proceeds of said stock shall be
used for no other purposes than those authorized by this act.
SEc. 2. It shall be lawful for the said the mayor, aldermen, Value of
and commonalty of the city of New York to determine what
shall be the nominal amount or value of each share of -the said
stock, and of what number of shares the same shall consist;
and they are hereby authorized to sell and dispose of such shares
at or above the par value thereof, either at public auction or
private sale.
SEC. 3. The provisions of the act, entitled " An act to regulate the finances of the city of New York, passed June 8, 1812,"
which are not repugnant to, or incompatible with, any provision
in this act contained, shall apply to said stock.
SEC. 4. The moneys to be raised by virtue of this act shall fponei how
be applied to and expended for the purpose of reimbursing the
treasury of said city the amount advanced for extending water
pipes (mains) in said city, for the distribution of the Croton
water, and for the further extension of the same.
SEC. 5. The ordinance now in force and approved of by the ordinance
mayor of said city, on the twenty-second day of February, 1844, r,
eighteen hundred and forty-four, and any ordinance that may force.
hereafter be passed by the said the mayor, aldermen, and commonalty of the city of New  York in conformity with the
provisions of this law, and relative to the sinking fund, shall
not be amended without the consent of the legislature first had
and obtained, except by setting apart, and appropriating to and
for the purpose of the said sinking fund, additional revenue,
whenever the said the mayor, aldermen, and commonalty of
the city of New York shall deem proper; and the said ordinance
shall remain in full force until the whole of the debt created by
virtue of the act entitled " An act creating a public fund or
stock in the city of New York, to be called the Croton water
stock, and in relation to the sinking fund of said city, passed
AMay 13, 1845," and by virtue of this act shall be fully redeemed.
SEC. 6. This act shall take effect immediately.




662             ACTS RELATING TO THE CITY OF NEW YORK.
1851.- CHAPTER CCXCVIII.
AN ACT to amend an act, entitled' An act to create the Croton
Aqueduct Department in the City of New  York," passed April
11th, 1849. —Passed June 27, 1851, "three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
List of wa-  SEC. 1. The list of arrears of water rents referred to in the
rears of water rents.  twenty-first section of the act entitled " An act to amend an act
entitled an act to create the Croton aqueduct department in the
city of New York," passed April 11, 1849, shall remain in the
office of the Croton aqueduct department until the first day of
January thereafter, in each year, and in the mean time the Croton
aqueduct department is authorized to receive the arrears of water
rents from the termination of the water year, until the first day
of January, thereafter, in each year.
Arrearshow   SEC. 2. On the first day of January, in each year, the president
of the Croton aqueduct department shall make and transmit, to
the comptroller of the city of New York, a list of all unpaid
water rents for the preceding water year; and the comptroller
shall thereupon advertise and sell the property upon which the
said water rents are a lien, in the same manner as for unpaid
taxes; after said list of arrears shall have been transmitted to
the comptroller, he shall be authorized to receive any of said
arrears in the same manner as for unpaid taxes.
SEC. 3. Sections twenty-two, twenty-three, twenty-four and
twenty-five of the act hereby amended, are hereby repealed.
Lien of wa-  SEC. 4. [Section twenty-six, of the act hereby, amended, is
ter rents.
hereby amended, so as to read as follows:] "The water rents
so in arrear shall be and continue to be, until paid, a lien upon
the property to which the rent applies, and may be recovered
and collected bysale of the premises, as provided by law in the
cases of unpaid taxes, in the city of New York."
SEC. 5. This act shall take effect immediately.
1853.-CHAPTER DI.
AN ACT tofacilitate the Acquisition of Landsfor a New Reservoir,
in the city of New York.-Passed June 30, 1853, " three-fifths
being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Title to be SEC. 1. The Croton aqueduct board, in the city of New York,
cqired.  for and in behalf, and in the name of the mayor, aldermen and




CROTON WATER.                               663
commonalty of the city of New York, are authorized to acquire
title to all such lands, tenements, hereditaments and premises
lying between Eighty-sixth and Ninety-sixth streets, and Fifth
and Seventh avenues, or as much thereof as they may deem
advisable, for the purpose of constructing a new reservoir (in
the city of New York) under the authority of the common
council.
SEC. 2. The said board, in the name of the mayor, aldermen Petition for
appointment
and commonalty of the city of New York, may present a peti- o coommistion to the supreme court, at any general term thereof, held in m'o,
the first judicial district, praying for the appointment of commissioners of appraisal.  Such petition shall be signed and verified
by the officers of said board, or any one of them; shall contain
a description of the lands or real estate required for said purpose,
and shall set forth that the same are required for the purposes
of said reservoir.
SEC. 3. A notice of the presentation of such petition to the Notio of
owners, lessees, parties and persons respectively entitled unto, of petition.
or interested in the lands, tenements, hereditaments and premises so required, shall be given by advertisement in four of the
public newspapers having a large daily circulation in the city of
New York, and shall be published daily, not less than thirty
days.  Such notice shall specify the time and place where and
when an application will be made for appointment of commissioners of appraisal, in pursuance of such petition, and the
extent of the land required to be taken.
SEC. 4. At the- time and place mentioned in said notice, unless Appointment
the said court shall adjourn said application to a subsequent sioners.
day, and in that event at the time to which the same may-be
adjourned, upon due proof, to the satisfaction of the said court,
of the publication aforesaid, shall appoint three competent and
disinterested persons, residents of the city and county of New
York, commissioners to ascertain and appraise the compensation
to be made to the respective owners, lessees, parties and persons
respectively, entitled to or interested in the said respective
lands, tenements, hereditaments and premises required for the
reservoir aforesaid, and shall fix the time and place of' the first
meeting of'such commissioners.
SEC. 5. The said board may, at the time and place of moving Board may
for such appointment, propose to the court the names of three pna   for
suitable persons, and the owners, lessees, parties and persons commissionrespectively entitled unto or interested in said premises may
likewise propose the names of three suitable persons as commissioners of appraisal.
SEC. 6. The said commissioners, before they enter upon the oath  and
performance of the duties of their appraisement, shall severally pthewmmisioners.




664               ACTS RELATING TO THE CITY OF NEW YORK.
take and subscribe an oath or affirmation, before some person
authorized by law to administer oaths, faithfully to perform the
trust and duties required of them  by this act, which oath or
affirmation shall be filed in the office of the clerk of the city and
county of New York, and any of them may summon witnesses
before them in the manner hereinafter provided; may administer
oaths to witnesses, and they, or any one of them, in the absence
of the others, may adjourn the proceedings from time to time,
in their discretion.  It shall be their duty to view the premises
affected by such proceedings, if they shall deem such view necessary; and they shall hear the proofs and allegations of any owner,
lessee, party or person entitled to or interested in the said lands,
tenements, hereditaments and premises, as to the extent of such
interest.
s ret to M SEC. 7. It shall be the duty of the said commissioners to pro1e made by ceed, with all reasonable diligence, to estimate in favor of the
commissioners.     several owners, lessees, parties or persons interested in the lands
to be taken, a just and equitable compensation for his, her or
their land comprised therein, and to report to the said court,
without unnecessary delay, at a general term thereof, the amount
of such compensation to be paid to the respective owners, lessees,
parties and persons aforesaid, respectively.  The said commissioners shall set forth, in said report, the names of the respective
owners, lessees, parties or persons entitled thereto or interested
in the said lands, tenements, hereditaments and premises mentioned in the said report; and each and every parcel thereof, so
far forth as the same shall have been ascertained by them, and
an apt and sufficient designation or description of the respective
lots or parcels of land, and other tenements and premises that
may be required for the purpose aforesaid.  But, in the place
and stead of such description, the said commissioners may, if
they deem it practicable and advisable, refer to a map or maps,
to be annexed to their report, shoxwing the exact location and
boundaries of each lot or parcel comprised within the land to be
taken, as aforesaid, and the names of the owners or persons
interested therein, respectively; but in all, and each and every
case and cases where the owners and parties interested in their
respective estates and interests are unknown or not fully known
to the said commissioners, it shall be sufficient for them  to set
forth and state, in their general terms, the respective sums to be
allowed and paid to the owners and proprietors thereof generally,
without specifying the names or estates or interests of such
owners, proprietors or parties interested, or any or either of
them.
Preofinttifo   SEc.  On the report being completed by the said commisof report for
confirmation sioners, or a majority of them, notice of the presentation thereof,
and of a motion for the confirmation of said report, shall be
given to the owners, lessees, persons and parties interested in the




CROTON WATER.                                665
lands, tenements, hereditaments and premises affected thereby,
by advertisement in four of the public newspapers in the city of
New York, having a large daily circulation, and shall be published daily, not less than sixty days: such notice shall specify
the time when and where an application will be made for confirmation of said report.  At the time and place specified in said
notice, unless the said court, at such general term, shall adjourn
said motion to a subsequent day, and in that event, at the time
to which the same may be adjourned, the court, after hearing
any matter which may be alleged against the same, shall, by
rule or order, confirm  the said report, in whole or in part, or
refer the same, or some part thereof, to the same commissioners
for revisal or correction, or to new  commissioners to reconsider New  comthe subject matter thereof, or any part thereof; and the said tconer
commissioners to whom the said report, or any part thereof, shall report.
be so referred, shall return the same report, or such part thereof
as shall be so referred to them, corrected and revised, or a new
report shall be made by them, in the premises, to the said court,
without unnecessary delay, and the same, on being so returned,
shall be confirmed by the said court, or again referred to by the
said court, in manner aforesaid, as right and justice shall require,
and so, from  time to time, until a report shall be made or returned, in the premises, which the said court shall confirm; and
such report, when so confirmed by the said court, shall be final Rcport when
confirmed to
and conclusive, as well upon the said mayor, aldermen and corn- Cb fal.
monalty of the city of New York, as upon all the owners, lessees,
persons and parties interested in, and entitled unto the lands,
tenements, hereditaments and premises mentioned in the said
report, and also upon all other persons- whomsoever; and upon
the confirmation of said report, the said the mayor, aldermen
and commonalty of the city of New York shall become and be
seized in fee of all the lands, tenements, hereditaments and appurtenances, in the said report mentioned, that shall, or may be
so required for the purpose of the new  reservoir aforesaid: in
trust, nevertheless, that the same be appropriated as and for a
reservoir of the Croton aqueduct; and thereupon the said mayor,
aldermen and commonalty, and the Croton aqueduct board, or
any person or persons acting under their authority, may, immediately, or at any time or times thereafter, take possession of the
same, or any part or parts thereof, without any suit or proceeding at law for that purpose.
SEC. 9. Sections one hundred and eighty-two, one hundred APPr^ction
and eighty-three, one hundred and eighty-four, one hundred and isis.
eighty-seven, and one hundred and eighty-eight, of the act entitled "An act to reduce several laws relating particularly to the
city of New  York into one act," passed April ninth, eighteen
hundred and thirteen, shall apply to this act in the same manner and to the same effect as if the same were enacted herein.




666             ACTS RELATING TO THE CITY OF NEW YORK.
Pay of corn-  SEC. 10. The commissioners appointed under this act shall
receive each the sum of not more than four dollars (besides all
reasonable expenses for maps, surveys, plans, and clerk hire) for
each day they shall respectively be actually employed in the
duties of their appointment, the same to be paid by the mayor,
aldermen and commonalty of the city of New York.
SEC. 11. This act shall take effect immediately.
1854.-CHAPTER CCCXLII.
ANACT to authorize the Mayor, Aldermen and Commonalty of
the city of New York to borrow Five Hundred Thousand Dollars
for the purpose of building a new Reservoir, purchasing Lands and
extending the Croton Water WVorks.-Passed April 17, 1854,
" three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as Jbllows:
SEC. 1. [Repealed by chapter 24, Laws of 1857.]
SEC. 2. It shall be lawful for the said mayor, aldermen and
commonalty to determine what shall be the nominal amount or
value of each share of the said stock, and of what number of
shares the same shall consist; and they are hereby authorized
to sell and dispose of such shares at or above the par value
thereof, either at public auction or private sale.
SEC. 3. The provisions of the act entitled "An act to regulate
the finances of the city of New  York," passed June 8, 1812,
which are not repugnant to or incompatible with any provision
in this act contained, shall apply to the said stock.
SEC. 4. The moneys to be raised by virtue of this act shall be
applied and expended to and for the purpose of building a new
reservoir, purchasing lands, and extending the Croton waterworks in said city.
SEC. 5. This act shall take effect immediately.




CROTON WATER.                              667
is55.-CHAPTER  XXXVI.
AN ACT to improve the Supply and secure the use of the Croton
Water in the city of New York.-Passed February 27, 1855.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The trench for laying a thirty-inch main, for conducting the Croton water from the receiving reservoir through the
Eighth avenue, may be constructed by the Croton aqueduct
department by days' work; also, the lowering or raising of the
two thirty-six inch mains in the Fifth avenue, or the mains or
pipes in any other avenue or street, wherever it shall become
necessary by the alteration of a grade by the common council.
SEc. 2. This act shall take effect immediately.
1857. CHAPTER  XXIV.
AN ACT to amend an act, entitled "An act to authorize the mayor,
aldermen, and commonalty of the city of New York to borrow five
hundred thousand dollarsfor the purpose of building a new reservoir,
purchasing lands, and extending the Croton water works," passed
April 17, 1854, and to enable the said Corporation to borrow fbr
the same purpose the further sum of one million four hundred and
eight thousand dollars.-Passed February 13, 1857, "three-fifths
being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. It shall be lawfulforthe mayor, aldermen, and common- Mayor, &c.,
alty of the city of New York to borrow and raise by loan, from a certin
time to time, and in such amounts as they shall deem advisable, S'
a sum not exceeding the sum of five hundred thousand dollars,
by the creation and issuing of a public fund or stock, to be Creation of
called the water stock of the city of New York, of the year
eighteen hundred and fifty-four, which shall bear an interest not Rate of intoexceeding six per cent. per annum, and shall be redeemable in
the year eighteen hundred and seventy-five.
SEC. 2. The mayor, aldermen, and commonalty of the city Mayor, &c.,
of New  York are hereby authorized to borrow, from  time to money.
time, such sums as may be required for purchasing land and Money how
constructing the new reservoir, a sum  equal to one million four tob 
hundred and eight thousand dollars, in addition to the sum of
five hundred thousand dollars authorized by the first section of




668              ACTS RELATING TO THE CITY O  NEW YORK.
this act, at an interest not exceeding six per cent. per annum,
and the principal reimbursable in the year one thousand eight
hundred and seventy-five.
SEC. 3. Section one of the act hereby amended is repealed.
SEC. 4. This act shall take effect immediately.
1860.-ICHAPTER CCCLXXII.
AN ACT to authorize the Corporation of the city of New York to
borrow afurther sum ofmoney to increase the supply of Croton water,
and to extend the necessary works for accumulating and distributing
the same in said city.-Passed April 14, 1860, " three-fifths
being present."
The People of the State of INew Yorkc, represented in Senate and
Assembly, do enact as follows:
May borrow   SEC. 1. It shall be lawful for the mayor, aldermen, and commoney.   monalty of the city of New  York to borrow and raise by loan,
from  time to time, and in such amounts as they shall deem
advisable, a sum not exceeding nineteen hundred thousand
dollars, by the creation and issuing of a public fund or stock,
to be designated and known as the' The Croton Water Stock,"
which shall bear an interest not exceeding six per centumr per
annum, and shall be redeemable within a period of time not less
than twenty, nor more than thirty, years from  and after the
passage of this act.  (As amended by chap. 181, Laws of 1S61.)
Number ani  SEC. 2. It shall be lawful for the said mayor, aldermen, and
value  of
saes of  commonalty aforesaid, to determine what shall be the nominal
capital bdt  amount or value of each share of the said stock, and of what nummined.   ber of shares the same shall consist; and they are hereby authorized to sell and dispose of such shares at or above the par value
thereof, either at public auction or private sale, or by inviting
proposals for the same in the manner in which the stocks of the
said city are now usually disposed of.
certain acts SEC. 3. All the provisions of the laws heretofore passed,
applable.  pledging the faith of the city of New York, and providing sinking funds for the payment of the interest on the city debt, and
the redemption of the principal of said debt, which are not
repugnant to or incompatible with any provision in this act
contained, are hereby made applicable to the stock issued in
pursuance of this act.




CROTON WATER.                                669
SEC. 4. The moneys to be raised by virtue of this act shall Moneys,how
be applied and expended to increase the supply of Croton water,
and to the extension of the necessary works for accumulating
and distributing the same in said city, and to no other purpose
whatever.
SEC. 5. This act shall take effect immediately.
1860.-CHAPTER  CCCCXLIX.
AN  ACT' to facilitate the acquisition of land for a junction gate
house, and to connect the same with the new reservoir and the city
mains, in the city of New York, and to provideJbr the settlement of
claims for damages connected therewith.-Passed April 16, 1860,
" three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows 
SEC. 1. The Croton aqueduct board, in the city of New Croton aqueYork, for and in behalf, and in the name of the mayor, aldermen, may acquiro
and commonalty of the city of New  York, are authorized to tito tlceracquire title to the certain piece or parcel of land in said city
of New York, bounded and described as follows: Beginning at Boundaries.
the intersection of the northerly line of Ninety-second street with
the westerly line of Ninth avenue, as laid out on the map or
plan of said city; thence running northerly along said westerly
line of Ninth avenue, seventy-five feet; thence westerly and
parallel with Ninety-second street, one hundred feet, to the
easterly bounds of the Croton aqueduct land; thence southerly
along  said Croton aqueduct land and  parallel with  Ninth
avenue, seventy-five feet, to the northerly line of Ninety-second
street; thence easterly along said line of Ninety-second street,
one hundred feet, to the place of beginning; and also that.
portion of Ninety-second street lying east of a line one hundred
feet westerly from  Ninth avenue, and west of Central Park,
being that portion of said street lying between the Croton
aqueduct and the Central Park.
SEc. 2. The said board, in the name of the mayor, aldermen May present
and commonalty of the city of New York, may present a petition  pritem  to
to the supreme court, at any special term thereof, held in the court for p~y Sp el                           pointment of
first judicial district, praying for the appointment of commis- commissionsioners of appraisal.  Such petition shall be signed and verified
by the officers of said board, or any one of them, and shall
contain a description of the lands or real estate to be acquired.
SEC. 3. Sections three, four, five, six, seven, eight, nine and ertain seec
ten of an act entitled, "An act to facilitate the acquisition of o Juno 30,




670              ACTS RELATING TO THE CITY OF NEW YORK.
53t, tlo a lands for a new reservoir in the city ofNew York," passed June
ply  to  this
act.    30th, 1853, shall apply to this act in the same manner and with
the same effect as if' the same were enacted herein; but any
motion or application by said sections of said act, required to be
made at a general term of the supreme court, may, in the proceedings authorized by this act, be made at a special term of
said court.
Powers oan   SEC. 4. The said Croton aqueduct board are authorized to
duties of.
board.   construct ajunction gate house, with the necessary machinery
and equipments, upon the land acquired under this act, and to
construct a branch aqueduct to connect the same with the new
reservoir in the Central park, such branch aqueduct to run
through said Ninety-second street and the Central park to said
new reservoir, and also to construct such gate houses for the
new reservoir, and to lay such mains or pipes through the Central park as the Croton aqueduct board may deem necessary to
conduct water to and from the reservoir, to the public streets or
avenues of said city; such mains or pipes to be laid upon such
lines and grades as may be agreed upon between said board and
the commissioners of the Central park; and it shall be lawful
for said board to purchase the.materials necessary for, and to
construct the works authorized by this act, at such prices and
in such manner, by contract or otherwise, as they may deem the
public interests require. And for the purpose of adjusting and
determining the damages that the contractors to whom the gate
houses and aqueducts specified in this section were awarded by
the Croton aqueduct board on the twenty-seventh day of
October, eighteen hundred and fifty-eight, which they may be
equitably entitled to recover of the city of New York, the same
may be ascertained by those arbitrators, one of whom may be
chosen by the mayor of the city of New York, and due (1) by the
parties claiming such damages, and the third shall be appointed
by the two arbitrators chosen as aforesaid; such arbitrators
shall take oath, and shall proceed to hear the case, and make
and deliver their award therein, as provided in title fourteen,
chapter eight, part third, of the Revised Statutes, third edition,
and upon filing such report with the clerk of the county of New
York, an order of confirmation may be entered of course; and
thereupon, if such report be in favor of the party claiming
damages, such party shall be entitled to recover the same, and
upon presenting a certified copy of such report and order of
confirmation to the comptroller of the city of New York, it
shall be the duty of said comptroller to draw his warrant for the
amount thereof, and to pay the same.
To construct SEC. 5. Said Croton aqueduct board shall, at the time of condrain.
structing the branch aqueduct fiom the gate house to the new
(1) So in original.




CROTON WATER.                              671
reservoir, also con.struct; a common sewer or draih, upon each
side of such branch aqueduct, in such manner as they shall deem
most likely to protect said branch aqueduct from injury.
SEC. 6. When the said branch aqueduct and sewers shall have
been constructed as authorized by this act, the said portion of
Ninety-second street, hereby authorized to be acquired, shall be
held by the said the mayor, aldermen, and commonalty in the
same manner as other public streets and avenues are held by the
said mayor, aldermen, and commonalty.
SEC. 7. This act shall take effect immediately.
1861.-CHAPTER CLIV.
AiN ACT to protect the Croton Aqueduct from injury during the
progress of any work required for its improvement and enlargeinent.-Passed April S, 1861, "three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The Croton aqueduct board, of the city of New York,
are hereby authorized to complete the improvements at the
aqueduct bridge, over the Harlem river, otherwise than by contract, and also to perform  all work which may become necessary at the gate-houses or in the masonry of the aqueduct for
repairs or improvements, whenever, in the opinion of said
board, such work involves a risk of the daily flow of water into
the city.
SEC. 2. This act shall take effect immediately.
1861.-~CHAPTER  CCLXXXII.
AN  ACT to supply Sing Sing prison with Croton water, and
for the sale of certain lands in the State.-Passed April 17, 1861,
"three-fifths being present."
The People of the State (f NIew York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The agent and warden of the Sing Sing prison, sub- Contract for
ject to the approval of the inspectors of state prisons, is hereby sPtPY rison
authorized to contract with the Croton aqueduct board of the
city of New York, for a continuous supply of Croton water for




672              ACTS RELATING TO THE CITY OF NEW YORK.
the use of said prison, at the price of eighteen hundred dollars
per annum, payable annually, for a supply of one hundred and
fifty thousand gallons per day, of said Croton water, and in that
proportion for such greater or lesser quantity as may be consumed at said prison, with the proviso that, from and including
the first day of May, one thousand eight hundred and seventyone, either party to said contract may terminate the same,
upon giving to the other party a written notice of one year, of
the intention of such party so to do, ana said agent and warden
is also authorized to settle with said board, for all Croton water
used at said prison, since the first day of' May, eighteen hundred and fifty-seven, at the said price of eighteen hundred dollars per annum.
SEC. 2. The commissioners of the land office, upon the execution of the contract authorized by the first section of this act,
are directed and required to execute to the " mayor, aldermen,
and commonalty of the city of New York" letters patent, or a
lease for a term of years, of a strip of land in the village of Sing
Sing, in the county of Westchester, being thirty-three feet in
width on each side fiomn the centre of the Croton aqueduct, as
the same now runs through and across the lands owned by this
state in said village of Sing Sing, and known as the state farm.
The said letters patent or lease to contain the condition that,
upon the termination of the supply of water by the Croton
aqueduct board, the lands conveyed by such letters patent shall
revert to the people of the state of New York, and the letters
patent or lease then and thereupon to become void, and also to
contain such other conditions and provisions as the said the
commissioners of the land office shall deem necessary for the
preservation of the interests of the people of this state. (As
amended by chap. 198, Laws (f IS62.)
SEC. 3. The treasurer of this state is hereby directed to pay
to the Croton aqueduct board of the city of New York, upon
the warrant of the comptroller, from  time to time, all such
sums as now are, or hereafter may become, due or payable to the
said board for water heretofore furnished, or hereafter to be furnished, for the use of the said prison, pursuant to the terms of
any contract or settlement which may be made or entered into,
under the provisions of the first section of this act.
SEC. 4. This act shall take effect immediately




CROTON WATER.                              673
1862.-CHAPTER CCCLXI.
AN ACT to correct abuses in the city of New York, in the relaying
of pavement by property-owners and others, whenever a portion of
the pavement is temporarily removed.-Passed April 19, 1862,
"three-fifths being present."
The People of the State of New York, represented in Senate
and Assembly, do enact as follows:
SEc. 1. The Croton aqueduct department of the city of New Relaying of
York shall have cognizance, control, and general direction, in
the relaying of all pavement removed for the purposes of constructing vaults or lateral drains, digging cellars, laying foundations of buildings or other structures, making sewer connections
or repairing sewers, and in the laying down of gas and water
pipes, or introducing the same into buildings, or for any other
purpose, and no removal of pavement for such purposes shall be
made until a permit is first had of the said Croton aqueduct
department.
SEC. 2. Whenever any portion of the pavement, in any street
or avenue in said city, shall have been removed for any of the
purposes mentioned in the preceding section, and such pavement
shall not be relaid in a manner satisfactory to the Croton aqueduct board, the president of said board may cause a notice, in
writing, to be served upon the person or corporation by whom
the same was removed; or, if such removal was for the purpose
of making connection between any house or lot, and any sewer
or pipes in the street, or for constructing vaults, or otherwise
improving any house or lot, upon the owner or occupant of
such house or lot, requiring such person or corporation, or the
owner or occupant of such house or lot, to have such pavement
properly relaid within five days after the service of such notice.
Such notice may be served upon the owner or occupant of a
house or lot, by leaving the same with any person of adult age,
upon said premises. In case such pavement, or portion thereof,
shall not be relaid to the satisfaction of said Croton aqueduct
board, within the time specified in such notice, it shall be lawful, and authority is hereby given to said board, to have such
pavement, or the portion thereof which shall have been so
unsatisfactorily laid, put in proper order and repair, in such
manner as the said board may deem best, on account of the
person or corporation by whom such pavement was removed,
or of the owner of the premises for whose benefit such removal
was made. Upon the cost of such work being certified to the
comptroller of the city of New York, by said Croton aqueduct
board, with a description of the lot or premises, to improve
which such removal was made, said comptroller shall pay the
same, and the amount so paid shall become a lien and charge
43




674              ACTS RELATING TO THE CITY OF NEW YORK.
upon the premises so described; and, on being certified by the
comptroller to the clerk of arrears, may be collected in the same
manner that arrears of Croton water rents are collected, under
the direction of the clerk of arrears. But if such removal was
made by any person or corporation, and not for a connection
between any house and sewer, or pipes, or to otherwise benefit
any house or lot, upon the said Croton aqueduct board certifying, in writing, such facts to the said comptroller, with the cost
of repair, and the name of the person or corporation by whom,
or by whose direction the pavement so repaired was removed,
said comptroller shall pay such cost, and shall transmit a copy
of the said certificate to the counsel to the corporation, who
shall proceed to collect the same, by suit against the person or
corporation by whom  the pavement was removed, and such
person or corporation are hereby made liable to pay the same.
Upon the trial of any such suit, the said certificate of the Croton
aqueduct board shall be conclusive evidence of the cost of such
repair.
SEC. 3. This act shall take effect immediately.




ELECTIONS.
1830.-CHAPTER CCLX.
AN ACT in addition to the act respecting the Election of Charter
Officcrs in the City of New York.-Passed April 19, 1S30.
The People of the State of N'ew York, represented in Senate and
Assembly, do enact as follows:
SEc. 1. When any charter officer in the city of New York, Sp cial eec
other than an alderman or assistant, shall not have been elected, of equality
by reason of a tie or equality in the number of votes, it shall be of votes
lawful for the common council to order a special election to
supply such omission.
SEC. 2. Such special election shall be conducted in like How to be
manner in all respects, as near as may be, as.in the case of the conductod.
ordinary annual election for charter officers, except that the
same shall continue for two days only instead of three.
SEC. 3. This law shall be construed to apply as well to past Past and fu
as to future cases, and shall take effect from  the day of its tr
passage.
SEc. 4. [Obsolete.1
1842.-CHAPTER  CXXXVIII.
AN  ACT  in relation to Elections in the City of New York.Passed April S, 1842, by a two-third vote.
The People of the State of New  York, represented in Senate and
Assembly, do enact as ollo ws:
SEc. 1. The mayor, aldermen, and commonalty of the city of common
council to
New York, in common council convened, are hereby author- pass las
ized to pass such ordinances as to them may seem meet, for pro- hontgp to
viding the time and place where the polls shall be held in each
election district, for the charter and general election in the city
of New York, as now established by law, and for any such




676             ACTS RELATING TO THE CITY OF NEW YORK.
special election  as may hereafter be  directed to be held
therein.
SEC. 2. [Superseded by chap. 294, 1857.]
SEC. 3. [Obsolete.]
1855.-CHAPTER DXIII.
ANACT to regulate the number of Ballots and Ballot Boxes to
be used in the City and County of New York, and the Mode of Canvassing Votes throughout the State.-Passed April 14, 1855.
The People of the State of New York, represented in Senate and
Assembly, do enact as bllows:
Boxes t   SEC. 1. At elections hereafter to be held in the city of New
polls, how
warked.  York, the boxes to be used in receiving the ballots thereat shall
be marked and numbered, successively, as follows: Number
one, "President;"  number two, "State;"  number three,
" Congress;" number four, " Senator;" number five, " Assembly;" number six, "City and County;" number seven, "Charter;"
number eight, "Judiciary;" number nine, "Justices;" and at
every election hereafter to be held in said city, such number of
boxes, marked as aforesaid, shall be furnished as may be required
by law, to receive the ballots to be used at such election.
eloants for   SEC.  The ballot for electors of president and vice-president
andvice-  shall be the same as now prescribed by law, and when folded
president  shall be indorsed, or show on the outside, the words, "President, number one," and be deposited in box number one.
Ballots for   The names of all persons whom the electors of said city are or
stateoffcrs. may be authorized to vote for for state officers, except judicial,
shall be upon one ballot, which, on the face thereof; shall contain a designation of the office, and the name or names of the
person or persons to be voted for, or such of them as any voter
may desire to vote for, and which, when folded, shall be indorsed, or show upon the outside, the words, " State, number
two," and shall be deposited in box number two.
Ballot for    The name of the person designated for representative in Concongressman
gress shall be on a separate ballot, and when folded shall be
indorsed, or show on the outside, the words, "Congress, number three," and be deposited in box number three.
The name of the person to be designated for senator shall be
upon a separate ballot, and when folded shall be endorsed, or
show upon the outside, the words, " Senator, number four," and
be deposited in box number four.




ELECTIONS.                               677
The name of the person designated for member of assembly allots for
0. YV   I,  assemblyshall be upon a separate ballot, and, when folded, shall be me.
indorsed, or show upon the outside, the words, "Assembly,
number five," and be deposited in number five.
The names of all persons whom all the voters of said city are Othe 
or may be authorized by law to vote for at any election, except and county.
state andjudicial, and those herein designated to be voted for
on separate ballots, shall be upon one ballot, which, upon the
face thereof, shall contain a designation of the office, and the
name or names of the person or persons to be voted for, or such
of them as any voter may desire to vote for, and which, when
folded, shall be indorsed, or show'upon the outside thereof, the
words, "City and County, number six," and be deposited in
box number six.
The aldermen and councilmen, or such of them as are to be Bharots for
charter  fi.
elected at such election, shall be upon one ballot, which ballot, cers.
upon the face thereof, shall contain a designation of the office,
and the name or names of the person or persons to be voted for,
or such of them as any voter may desire to vote for, and which,
when folded, shall be indorsed, or show upon the outside, the
words, " Charter, number seven," and be deposited in box number seven. And when any such ballot may contain the names
of persons designated for councilmen or inspectors of elections,
for other council or election districts than that where the ballot
is deposited, the names of the councilmen or inspectors designated as for that council or election district shall be counted,
and the others rejected as surplusage.  (As modified by Laws of
1856, chap. 79; 1860, chap. 246, and 1862, chap. 284.)
The names of all persons designated for judges of the court ofallots for
appeals, justices of the supreme court, of the superior court of
the city of New York, of the court of common pleas, for surrogate, recorder, city judge, and for all other judicial officers,
whom all the voters of said city are or may be authorized by
law to vote for at any election, shall be upon one ballot, which,
upon the face thereof, shall contain a designation of the office,
and the name or names of the person or persons to be voted for,
or such of them as any voter may desire to vote for, and which,
when folded, shall be indorsed, or show upon the outside, the
words, "Judiciary, number eight," and shall be deposited in box
number eight.
The ballot for police and civil justices shall contain a designa- Ballot fo
police and
tion of the office, and the name or names of the person or per- civil justices
sons to be voted for, or such of them as any voter may desire to
vote for, and which, when folded, shall be indorsed, or show
upon the outside, the words, " Justices, number nine," and be
deposited in box number nine.
SEC. 3. All ballots shall, hereafter, in all the election districts rder of
in this state, be canvassed in the following order, as far as Ium- canv8




678              ACTS RELATING TO THE CITY OF NEW YORK.
berfive inclusive, and in the city of New York through the
entire list.
I. Electors of president and vice-president.
II. State officers, other than judiciary.
III. Members of congress.
IV. State senators.
V. Members of assembly.
VI. County and city (of New York) officers.
VII. Town and charter officers.
VIII. State and county judicial officers.
IX. Police and civil justices.
Proclama-    At the completion of the canvass of each box, the chairman
tion of results.    of the inspectors of election shall make public oral proclamation of the whole number of votes in such box, and of the whole
number given for each person, with the name of the office to
which such person was named on the ballots.
Punishment   SEC. 4. This act shall be deemed a portion of the electoral
foriolato. law of the state, and any violation thereof shall be punished in
the same manner as provided in the general statutes regulating
elections.
Repeal.   SEC. 5. The act entitled "An act to regulate the number of
boxes to be used at elections," passed March twenty-third,
eighteen hundred and fifty-two, and all acts and parts of acts
heretofore passed, so far as the same are inconsistent with the
provisions of this act, are hereby repealed.
1856.-CHAPTER  LXXIX.
AN ACT prescribing the Order in which the votes received at general elections, except in the city of New York, shall be canvassed, the
manner of electing School Officers in said city, and directing a
republication of the election laws.-Passed April 1, 1856, " threefifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact asfbllows:
SEC. 1. [Does not apply to New York city.]
School offl-    SEC. 2. The school officers of each ward in the city of New
etedh   York, or such of them  as are to be elected at any election in
said city, shall be upon a separate ballot, which ballot, upon the
face thereof, shall contain a designation of the office, and the
name or names of the persons to be voted for, or such of them




ELECTIONS.                                679
as any voter may desire to vote for, and which, when folded,
shall be indorsed, or show, upon  the outside, the words,
" School officers, number ten," and shall be deposited in a separate box, provided for that purpose, labeled "School officers,
number ten," and said votes shall be canvassed as number ten,
in the order of canvassing the votes at any such election.
SEC. 3. So much of the third section of the act, entitled "An
act to regulate the number of ballots:and ballot-boxes to be used
in the city of New  York, and the mode of canvassing votes
throughout the state," passed April fourteenth, one thousand
eight hundred and fifty-five, as is inconsistent with the provisions of this act, is hereby repealed.
1857.-CHAPTER  CCXCIV.
AN ACT to provide a more certain Canvass and Estimate of Votes
at each election in the cities of New York and Brooklyn.-Passed
April 7,, 187, "three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. [Abrogated by chap. 246, Laws of 1S60.]
SEc. 2. It is hereby made the duty of each district canvasser, Duty of
so elected or appointed, to attend at least thirty minutes before canvas'r
the closing of the poll in each election district, at the place of
holding the poll, and for the district for which he has been
elected or appointed, and the three district canvassers, or if only
two attend, then the said two attending shall, with one of the
inspectors, to be by them designated, then organize themselves
as a board for the purpose of canvassing and estimating the
votes, and shall choose one of their number as chairman, but
shall have no clerk.
SEc. 3. If only one canvasser present himself at the closing acancies,
of the poll, he shall, in connection with the inspectors of elec- [so Laws of
tion, immediately fill the vacancies by choosing two competent 1846c, 2.]
persons, who are citizens, and who shall be sworn by the chairman of the board that they are such citizens, and that they will
faithfully canvass, estimate and state the result of the votes.
SEC. 4. If none of the duly appointed canvassers shall present ee as above
themselves at the closing of the poll, then it shall be the duty
of the inspectors of election to appoint three competent persons,
who are citizens, and who shall be sworn by the chairman of




680               ACTS RELATING TO THE CITY OF NEWV  YORK.
the board of inspectors, as herein above provided.  When the
Duty of in- board of district canvassers, at the closing of the polls, shall be
organized as aforesaid, the board of inspectors conducting the
election shall deliver the ballot-boxes and the poll lists to the
said board of district canvassers, and the board of inspectors shall
Duty of can- thereupon be dissolved. The board of district canvassers shall
assers.  then immediately, without any adjournment or recess, and at
the place of the poll, publicly proceed to canvass and estimate
the votes, in the manner and with the powers (1) duties now
prescribed for and enjoined upon the inspectors of election. All
the provisions of law now inspectors, (1) shall be made applicable to the powers, acts and duties of the said district canvassers; and all other persons are prohibited from  engaging in,
and assisting in, the canvass and estimate of votes, as aforesaid,
except the poll clerks of each district, whose (1) it shall be to
afford and render such services, as clerks, as the district canvassers shall require. All persons, inspectors, and district canvassers,
offending against this last provision, shall be deemed guilty of a
misdemeanor.
statement of  SEC. 3. (1) The required statement and copy thereof of the
result of the canvass shall be made and subscribed in public,
without adjournment or recess, at the place of election and canvass; and when they are so completed, ready for filing and
delivery, shall be, then and there, forthwith inclosed in strong
wrapper, and properly sealed and countersigned across the seal,
by the signature of each district canvasser, and the same shall
thereupon be kept sealed, and shall not be opened until the same
are produced before the board of ward, city, or county canvassers, when they shall be opened for the canvassing of the returns.
Candidates Whenever any inspector of election, of either board of inspectors,
for offie   or any poll clerk, shall be a candidate for any office whatever,
except for inspector or canvasser of election, at any election, his
office as inspector, or as poll clerk, shall immediately become
vacant, unless he shall publicly have refused, within three days
before the day of election, to be a (1) canditate.
Notiflca-  SEC. 4. (1) The clerks of the board of aldermen in said cities
etiaonof     shall, between the third Tuesday of October, in each year, and,an.cn-  the Tuesday preceding the election, notify every inspector and
district canvasser to attend on any day before the day of holding
the election, at the office of the county clerk, to take and
subscribe the oath prescribed by the constitution. It shall be
Duty of   the duty of said clerks of the county to provide each election
courty    poll in the said cities with proper paper, blanks, stationery,
sealing-wax, and lights, at the expense of the county, for the
use of the inspectors and district canvassers.
Compensa-    SEC. 5. (1)The compensation of each inspector of election, and
tiou.    of each district canvasser, shall be five dollars to each for his
(1) So in the original.




ELECTIONS.                                 681
services at the election, which compensation shall be paid by
the comptroller of the said cities, on the voucher for the service.
But no payment shall be made to any inspector or district canvasser who shall not have taken and subscribed the oath or affirmation referred to in the preceding section.
SEC. 6. (1) The acting of any inspector or district canvasser Misdeelected or appointed before the day of election, without his meanor.
having taken or subscribed the oath or affirmation referred to
aforesaid, shall be deemed and punished as a misdemeanor.
SEC. 7. (1) It shall be the duty of the said board of district Further
canvassers to fully (1) compleet the estimate of the votes in each catsers.
box, in the order prescribed by law, and to make proclamation
of the result, and to complete the returns and certificates of the
votes of the said box in the manner prescribed by this act, before
proceeding to the estimate and canvass of the box or boxes to
be next thereafter canvassed.
SEC. 8. [Abrogated by chap. 246, Laws of 1860.]
1859.-CHAPTER  CCCLXXX.
AN ACTfor ascertaining by proper proofs the citizens who shall
be entitled to the right of suffrage, and  to prevent fraudulent
Voting.-Passed April 13, 1859, " three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as /bllows:
SEC. 1. The board of supervisors of the city and county of Boardof
New York shall annually appoint three inspectors for each elec- be appcttion district in said city and county, to be known as the board ed.
of registry for the election district in which they are appointed,
such inspectors to hold their offices for one year, and to be residents and voters in the district in which they are appointed.
The said inspectors so appointed for the city and county of New To meet
York, and the inspectors of election in each of the other election anreeeks
districts in this state, shall meet annually, on Tuesday, three before en
weeks preceding the general election, at nine o'clock, A. M., at
the place designated for holding the poll of said election, and
organize themselves as a board for the purpose of registering
the names of the legal voters of such district, and for this purpose they shall appoint one of their number chairman of the
board, who shall administer to the other inspectors the oath of Oath to be
administer.
office as prescribed by the constitution, and the same oath shall ed.
(1) So in the original.




682               ACTS RELATING TO THE CITY OF NEW  YORK.
then be administered  to the chairman by  one of the other
Listo be inspectors.  The said board shall then proceed to make a list, as
made.    hereinafter prescribed, of all persons qualified: and entitled to.
vote at the ensuing election in the election district of which they
are inspectors; said list, when completed, shall constitute and
be known as the register of electors of said district. The said
To sit two inspectors, at their first meeting on Tuesday, three weeks predays if
neessary. ceding their general election, shall have power, if necessary, to
sit two days for the purpose of making said list, provided that,
at the annual election next prior to said meeting, the number of
voters in the district of which they are inspectors exceeded four
Spervisos hundred.  The said board of supervisors shall assemble on the
to appoint
inspectows  third Monday in September in each year, at eleven o'clock in the
forenoon of that day, at the usual place of meeting of said district, and proceed to ballot for the inspectorsprovided for in this
Ballot, what section, for said city.  Each ballot shall designate the number
to contai  of the election district, and the ward in which the same is situated, and shall contain not more than three names forinspectors as
Inspectors. aforesaid, for such district. The three persons receiving the
greatest number of votes for each election district shall be the
inspectors of such election district for one year thereafter, and
until others are appointed in their places.  If, after three ballotings for inspectors for any election district, three such
inspectors shall not have been elected therefor, said  board
shall draw   by  lot from  the six names having the largest
number of votes, and not already elected as above provided,
a sufficient number of names to make the number of such
inspectors three for such election district. Six supervisors
Quorum.   shall constitute  a quorum  for the transaction of the duties
aforesaid, in the absence or refusal to attend of the others,
or any of them.
Register,    SEC. 2. Said registers shall each contain a list of the persons
contain.  sO qualified and entitled to vote in said election district, alphabetically arranged according to their respective surnames, so as
to show in one column the name at full length, and in another
column, in cities and incorporated villages, the residence by
the number of the dwelling, if there be a number, and the
name of the street or other location of the dwelling place of
each person.  It shall be the duty of said inspectors to enter in
said lists the names of all persons residing in their election district, whose names -appear on the poll list kept in said district
at the last preceding general election, and in cities, the number
of the dwelling and name of street or other location, if the
same shall be known to or can be ascertained by such inspectors-; andfor-this purpose said inspectors are authorized to take,
from the- office in which they are filed, the poll lists, made and
filed by the inspectors of such district at the general election
New     held next prior to the making of such register.  In case a new
election   election district shall be formed, the said inspectors shall enter




ELECTIONS.                                 683
in the list the names of such persons entitled to vote in the
new election district, whose names appear upon the poll list
of the last general election kept in the district or districts from
which said new election district is formed.  The said inspectors
shall complete, as far as practicable, the said register on the
day of their meeting aforesaid, and shall make four copies
thereof, and certify the register, and each of the copies, to be a
true list of the voters in their district, so far as the same are
known to them.  Within two days thereafter, the said original orignal
list, together with the lists taken from  the office as aforesaid, filed.
shall be filed by said inspectors in the office of the town clerk
of the town in which such election district may be, or, if such
election district is in a city, in the office of the county clerk in
said city, and one copy of said list shall be kept by each of
said inspectors, and carefully preserved by him for their use on
the day or days hereinafter mentioned, for revision and correction of the same.  One copy of said list shall, immediately after
its completion, be posted in some conspicuous place in the room
in which such meeting shall be held, and be accessible to any
elector who may desire to examine the same or make copies
thereof.
SEC. 3. The said boards shall meet on the Tuesday of the Tmo and
week  preceding the day of the general election, in  their Pting.
respective election districts, at the place designated for holding
the polls of election, for the purpose of revising, correcting,
and completing said lists; and for this purpose in cities they
shall meet at eight o'clock in the morning, and remain in session
until nine o'clock P. M., of that day and the day following; and
in other districts they shall meet at nine o'clock in the morning
and remain in session until seven o'clock P. M., of that day.
SEc. 4. The proceedings of said board shall be open, and all Proceedpersons residing and entitled to vote in said district shall be op. be
entitled to be heard by said inspectors in relation to corrections
or additions to said register.  One of the lists, so kept by said
inspectors as aforesaid, shall be used by them  on the day or
days for making corrections or additions for the purpose of
completing the registry for such district.
SEC. 5. It shall be the duty of said inspectors, attheir meet- Names of
non-resi.
ing for revising and correcting said list, to erase therefrom  the deats to be
name of any person inserted therein who shall be proved, by rased.
the oath of two legal voters of said district, to the satisfaction
of said inspectors, to be a non-resident of said district, or otherwise not entitled to vote in said district, at the election then
next to be held. Any elector, residing in said district and entitled Eector may
to a vote therein, may appear before said board of inspectors name to ie
and require his name to be recorded on said alphabetical list. recodd.
Any person, so requiring his name to be entered on said list,




684              ACTS RELATING TO THE CITY OF NEW YORK.
shall make the same statement, as to the street and number
thereof and where he resides, required by the provisions of this
act, of persons offering their votes at the election, and shall be
subject to the same pains and penalties for refusing to give such
information, or for falsely giving the same, and shall also be
May be  subject to challenge, either by the inspectors or either of them,
or by any other elector whose name appears upon said alphabetical list, and the same oaths may be administered by the
inspectors as now provided against persons offering to vote at
an election; and in case no challenge is made of any person
requiring his name to be entered on said alphabetical list, or in
case of challenge, if such person shall make oath that would
entitle him to vote in case of challenge at an election, then the
name of any such person shall be added to the alphabetical poll
list of the last preceding year.
of lit tobe  SEC. 6. After said list shall have been fully completed, the
made    said inspectors shall, within three days thereafter, cause four
copies of the same to be made, each of which shall be certified
by them to be a correct list of the voters of their district, one of
which shall be filed in the office of the town clerk of towns, and
in cities, in the office of the county clerk of the county, and one
of which copies shall be delivered to each of the said inspectors,
except in the city and county of New York; one of said copies
shall be delivered to each of the inspectors of election of the
district in which such registry is made. It shall be the duty of
the said inspectors, so receiving such list, carefully to preserve
Lists to be the said lists for their use on election day, and to designate one
of their number, or one of the clerks, at the opening of the polls,
to check the name of every voter voting in such district, whose
name is on the register; no vote shall be received at any annual
election in this state, unless the name of the person offering to
vote be on the said registry made on the Tuesday or Wednesday
preceding the election, unless the person offering to vote shall
furnish to the board of inspectors his affidavit, giving his reasons
for not appearing on the day for correcting the alphabetical list,
and prove, by the oath of a householder of the district in which
he offers his vote, that he knows such person to be an inhabitant
of the district, and if in any city, giving the residence of such
person within said district; and any person whose name is on
the registry may be challenged, and the same oaths shall be put
as are now prescribed by law.
Clerks, du-   SEC. 7. The clerks at each poll, in addition to the duties now
tie prescribed by law, shall enter on the poll list kept by them, in
columns prepared for that purpose, opposite the name of each person voting, the same statement or minute as hereinbefore required
of inspectors, in making the registry; but such entry is not to
be made by them, if the registry contains correctly the name and




ELECTIONS.                                68.5
residence of such voter, and in all cases the said clerk shall enter
in a column, opposite the name of each person not registered,
the words " not registered."  Every elector, at the time of offering his vote, shall truly state the street in which he resides; and
if the house, lodging or tenement in which he resides is numbered, the number thereof; and the clerks of the polls shall
truly enter in the appropriate column of the poll list, opposite
the name of the elector, the street in which the elector resides,
and the number, in case the house, lodging or tenement is numbered; and if the same is not numbered, then the clerks shall
enter " not numbered" in the column of the poll list for entering
the number; in case of refusal to make the statement as aforesaid, the vote of such elector shall not be received. Any person,
who shall willfully make any false statement in relation thereto,
shall be deemed guilty of a misdemeanor, and shall, upon
conviction, be punished with a fine of fifty dollars, or by imprisonment in the county jail of the county, or the city prison of
the city, where such voter offers to vote, for a period of ten days,
or by both such fine and imprisonment.
SEC. 8. After the canvass of the votes, the said poll list and Poll list and
register to
said register, so kept and checked as aforesaid, shall be attached be attached
together, and shall, on the following day, be filed in the town together.
clerk's office, of the town in which said district shall be, and in
case the same are in cities, in the county clerk's office, to be
used by the inspectors in making the list of voters at the next
general election.
SEC. 9. The said board may, if necessary, on the day or days Board may
of the making and of the correction of such lists, appoint a clerk ceprknt
to assist them in the discharge of the duties required by this
act; and the same oath shall be taken by such clerk as is
required by law of clerks of the polls, or of elections.
SEC. 10. The registers shall, at all times, be open to public Registers to
inspection, at the office of the authorities in which they shall be public inspection.
deposited, without charge.                                       pin.
SEc. 11. The members of the board of registration and their Compena'
clerks shall each receive the same compensation as is now
allowed by law for inspectors of election, for each day actually
employed in the making and completion of the registry, to be
paid by(l) them at the time and in the manner in which they are
paid their other fees. The necessary blanks and instructions,
and other incidental expenses, incurred in executing the provisions of this act, shall be provided and paid for in the manner
(1) So in original.




686              ACTS RELATING TO THE CITY OF NEW  YORK.
now provided for the payment of incidental expenses of election
of the like character.
Powers.    SEC. 12..The said board shall have and exercise the same
powers in preserving order at their meetings, under this act,
as are given to inspectors of election for preserving order on
election day.
Inspectors    SEC. 13. Any one of the inspectors may, at any authorized
mster  meeting of the board, administer the oath or oaths now required
oath.    by law to test the qualification of electors, and may also administer, on the day of the making and completion of the list, to any
elector of the district who may be offered as a witness to prove
the qualification of any person claiming the right to be registered,
Form of  the following oath:   You do swear, or affirm, that you are an
elector of this election district; that you will fully and truly
answer all such questions as shall be put to you, touching the
plac  of residence and other qualifications, as an elector, of the
person now claiming the right to be registered as a voter in this
district." And whoever shall willfully swear falsely upon such
examination shall be deemed guilty of perjury.
Faise      SEC. 14. Any person who shall cause his name to be regis&c., to be tered in more than one election district, or who shall cause his
puished. name to be registered, knowing that he is not a qualified voter
in the ward or district where said registry is made, or who shall
falsely personate any registered voter, and any person causing,
aiding or abetting any person, in any manner, in either of said
acts, shall be punished for each and every offense by imprisonment in the state prison for not less than one year.  All false
swearing before said board of registration shall be deemed willful and corrupt perjury, and on conviction punished as such.
If any member or officer of said board shall willfully violate any
of the provisions of this act, or be guilty of any fraud in the
execution of the duties of his office, he shall be punished for each
and every offense by imprisonment in the state prison for not
less than one year.
Charter    SEC. 15. The same list required to be made and perfected at
general elections shall in the same manner be made and perfected
by the inspectors at all elections for charter officers in the
several cities of this state, and the provisions and requirements
of this act, so far as the same may be, are made applicable to
such elections.
inbted.    SEC. 16. The secretary of state shall cause this law to be
printed, and a sufficient number of copies thereof sent to the
county clerks of the several counties, to supply each of the
officers named in this act with a copy; and it shall be the duty




ELECTIONS.                                687
of said county clerks immediately to transmit a copy of the
same to each of the inspectors of election in this(1) county.
SEC. 17. This act shall take effect immediately.
1860.- CHAPTER CCXLVI.
AN ACT to providefor the appointment of Inspectors of Election and
District Canvassers in the city and county of New York.-Passed
April 10, 1860, "three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEc. 1. It shall be-the duty of the board of supervisors of the roard of Sucity and county of New York to appoint for each election dis- appoint intrict of said city and county, prior to the first day of September election.
next, and in like time annually thereafter, three inspectors of
election, and three district canvassers, to serve thereafter for the
term of one year each at any public election occurring within
said year; and all the laws now in force, regulating the duties
and powers of inspectors of election and district canvassers, shall
apply to each of the officers authorized to be, and who shall
have been appointed under this act. In appointing said inspectors of election and district canvassers, the said board of supervisors shall meet specially on the first Monday of August
annually, at twelve o'clock, noon, of that day, at the usual
place of meeting of said board, and proceed to ballot by election districts, successively, for the inspectors and canvassers
provided for in this section.  Upon each ballot shall be prefixed,
to the names of candidates, the number of the election district
for which they are proposed, and the ward in which the same is
situated, and it shall contain not more than three names for
inspectors of election, and three names for district canvassers,
and a majority of the votes of the whole number of members
of said board of supervisors shall be necessary for a choice.
Should there be no such majority of votes. cast for three such
inspectors and three such canvassers, upon any particular ballot, then, after three ballotings have been had for such candidates in the particular district, said board of supervisors shall,
in some manner to be by it prescribed, draw by lot from the six
names balloted for, having the largest number of votes for
inspector of election, and from the six names having the largest
(1) So in original.




688               ACTS RELATING TO THE CITY OF NEW  YORK.
number of votes for district canvasser, and not already elected, as
[See Laws  above provided, a sufficient number of names to make the nun94, 3 and ber of inspectors of election three, and the number of district
4.]      canvassers three, for such election district.  All vacancies in
the office of any such inspector or canvasser shall be filled by
said board of supervisors in like manner as aforesaid; but if
not filled prior to, or if such vacancy shall exist on the day of
any election, the same shall be filled by appointment in writing
by the supervisor residing in the election district in which the
vacancy may exist, or, if there be no supervisor residing therein,
then by the supervisor residing nearest to such election district.
None but    SEC. 2. No person shall be eligible to appointment as such
eigble.  inspector or canvasser, unless he shall be, at the time of his
appointment, a voter in the ward containing the election district
for which he may be appointed, nor unless he shall be able to
read and write, and he shall not act as such unless he shall have
taken an oath of office, and subscribed the same before the clerk
of the said board of supervisors; but any inspector or district
canvasser, appointed on the day of election as aforesaid, shall
take the oath of office and subscribe to the same before the
supervisors making such appointment.
Term of    SEC. 3. The term of office of the several inspectors of election
aoe  nd district canvassers, chosen at the last general election in said
city and county, shall expire on the first Monday of September
next, and the duties of the officers so chosen shall devolve respectively upon the inspectors and district canvassers appointed
Alteration of under this act.  The common council of the city of New York
districts  shall not, between the first day of August, in any year, and the
first day of January next succeeding, change or alter the boundaries of any election district.
SEC. 4. All provisions of law, acts and parts of acts, inconsistent with this act, are hereby repealed.
1860. —CHAPTER CCCCLXXX.
A.N ACT to amend an act, entitled "An act respecting Elections other
than for Militia and Town O/iccrs,'   passed April 5th, 1S42.(1)
-Passed April 17, 1860, "three-fifths being present."
The People of the State of New York, represcnted in Senatc azd
Assembly, do enact as follows:
SEC. 1. Section fourteen of article third of an act passed
April fifth, eighteen hundred and forty-two, entitled "An act
(1) General Election Law.




ELECTIONS.                               689
respecting elections other than for militia or town officers," as
amended bysection eighth of an act entitled "An act to amend
an act entitled' An act respecting elections other than for militia
and town officers,' passed April fifth, eighteen hundred and fortytwo," passed May eighth, eighteen hundred and forty-seven, is
hereby amended so as to read as follows:
SEC. 14. The sheriff or clerk of the county of New York, who Duty of
shall receive a notice of an election, shall, without delay, deliver receivig
a copy of such notice to the board of supervisors of said county,  cn  no.
and each supervisor of said county; he shall also cause a copy
of such notice to be published once in each week until the election therein specified, in such newspapers in said county, not
exceeding fifteen in number, having the largest circulation in
the city and the county.
44




EXCISE.
1857.-CHAPTER DCXXVII.
AN ACT to suppress Intemperance and to regulate the sale of
Intoxicating Liquors.-Passed April 16, 1857, "three-fifths
being present."
The People of the State of New  Yorlc, represented in Senate and
A4ssembly, do enact as follows:
commis-    SEC. 1. There shall be appointed on the second Tuesday of
sioners of  May next, by the county judge and the two.justices of the sessions, or a majority of them, of which the county judge shall
be one, in each of the counties of this state (except the city of
New York, wherein the chief justice of the superior court, the
presiding judge of the court of common pleas and the recorder
of the city, or any two of them, shall appoint), at the place
where the county courts are required to be held, three reputable
freeholders, residents of the county, who shall be the commlissioners of excise for their respective counties, and shall be
known as the board of commissioners of excise.  The said
county judge and justices, and, in the city of New York, the
chief justice of the superior court, the presiding judge, of the
court of common pleas and the recorder of the city, shall meet
at the time and place aforesaid, and divide the said commissioners into three classes by lot.  The commissioner assigned
to the first class shall hold his office until the first day of January, eighteen hundred and fifty-nine, the commissioner in the
second class until the first day of January, eighteen hundred
and sixty-one, and the commissioner in the third class until the
first day of January, eighteen hundred and sixty-three, and one
commissioner in every two years hereafter, as the term of office
shall expire, shall be appointed on the second Tuesday of May
in such year, at the place and by the authorities above provided,
who shall hold his office for six years from the first day of January following his appointment.  In case of a vacancy in the
office of county judge, the appointment of commissioners shall
be made by the justices of the sessions. In case of a vacancy,
by death or otherwise, in the board of commissioners, such
vacancy shall be filled by the said judge and justices, or by the
said chief justice of the superior court, the presiding judge of
the court of common pleas, and the recorder of the city of
New York, for the unexpired term of such commissioner; every




EXCISE.                                691
commissioner, before he shall enter upon his duties, shall take
and subscribe the oath prescribed by section one, article twelve,
of the constitution.
SEC. 2. The commissioners of excise shall meet in their Powers and
respective counties, except in  the counties of Oneida and
Onondaga, at the place aforesaid, on the third Tuesday of May
in each year, and on such other days as a majority of the commissioners shall appoint, not exceeding ten days in any one
year, and in the city of New York, not exceeding fifty days,
for the purpose of granting licenses as hereinafter provided.
They shall have power to grant licenses to keepers of inns,
taverns or hotels, being residents of the town or city where
such inn, tavern or hotel is proposed to be kept, to sell strong
and spirituous liquors and wines to drink in their houses
respectively; and to store-keepers, being such residents, a
license to sell such liquors and wines in quantities less than five
gallons, but not to be drank in their shops, houses, out-houses,
yards, or gardens, and they shall have power to determine the
sum to be paid for a license by each person applying, which
sum  shall be as follows: In towns and incorporated villages,
not less than thirty dollars nor more than one hundred dollars;
and in cities not less than thirty dollars nor more than two
hundred and fifty dollars; no license shall be granted to any
person or firm  to sell in more than one place.  (As amended by
Laws of 1858, chap. 143.)
SEC. 3. They shall keep a book of minutes of all their proceedings, in which shall be entered every resolution passed by
them granting a license to any person, with the sum required to
be paid, which minutes shall be verified by their signatures and
filed with the town clerk of the town for which such license
shall be granted, and in the several cities of the state, with the
city clerk, within eight days thereafter.
SEC. 4. All licenses shall be signed by the commissioners
granting the same.  They shall not be issued until the requirements fixed by the board shall have been complied with; when
issued they shall be in force, unless revoked, until ten days after
the third Tuesday in May next succeeding the granting of such
license, and in the city of New York until fifty days thereafter.
SEc. 5. Each of said boards of commissioners of excise shall Clerk of
have the right to appoint a clerk for the time they may be actu- boad.
ally in session, in accordance with the provisions of this act,
such clerk to receive the same compensation as is allowed by
this act to each of the commissioners.  They shall keep a book
of minutes of proceedings, on which shall be entered the names
of all applicants for license, and they shall also enter on said
book a list of all licenses granted, with the names of the parties




692              ACTS RELATING TO THE CITY OF NEW  YORK.
to whom the same are granted, and the names of the securities
to the bond required in each case.  The said book of minutes
shall be deposited in the office of the county clerk.  No fee or
reward shall be taken by aly board of excise, or by any member
thereof, or by any clerk thereof, for any license to keep an inn,
tavern or hotel, or to sell strong or spirituous liquors, or for any
service required of such board, nor shall any compensation be
retained by any such board, or by any member thereof, or by
any clerk thereof, out of the excise money, but the whole
amount thereof shall be paid over to the county treasurers, for
the use of the poor in the several counties; but the persons
composing such board of excise shall be entitled each to receive
the sum of three dollars per day for services actually performed,
to be allowed and paid in like manner as other county charges,
and no other or greater compensation shall be allowed. The
expenses of procuring necessary books for minutes, and necessary blanks, when actually incurred, shall be audited and paid
in like manner as other county charges.
CGrantg of   SEC. 6. License shall not be granted to any person to sell
strong and spirituous liquors and wines to be drank on the premises of the person licensed, unless such person proposes to keep
an inn, tavern or hotel, nor unless the commissioners are satisfled that the applicant is of good moral character, that he has
sufficient ability to keep an inn, tavern or hotel, and the necessary accommodations to entertain travelers, and that an inn,
tavern or hotel is required for the actual accommodation of travelers, at the place where such applicant resides or proposes to
keep the same; all which shall be expressly stated in such
license; and no such license shall be granted except on the petition of not less than twenty respectable freeholders of this state
residing in the election district where such inn, tavern or hotel
is proposed to be kept, by them duly signed'and verified by the
oath of a subscribing witness, and not then, unless, in the opinion of the commissioners, such inn, tavern or hotel is necessary
or proper, and not more than one license shall be granted on the
memorial of the same petitioners or any of them; all petitions
upon which such licenses shall be granted shall be filed with
the county clerk within eight days. And, in case the commissioners shall grant any license contrary to the provisions of this
act, they shall be deemed guilty of a misdemeanor.
SEC. 7. Nor shall such license to keep an inn, tavern or hotel
be granted until the applicant shall have executed and delivered
to the board of commissioners of excise, herein provided, a bond
to the people of this state, in the penal sum of two hundred and
fifty dollars, with sufficient sureties, who shall duly justify in
the sum of five hundred dollars, to be approved by the board of
commissioners, with a condition that such applicant, during the
time that he shall keep any inn, tavern or hotel, will not suffer




EXCISE.                                 693
it to be disorderly, or suffer any gambling, or keep a gambling
table of any description, within the inn, tavern or hotel, so kept
by him, or in any out-house, yard or garden belonging thereto.
SEC. 8. Every keeper of an inn, tavern, or hotel, in any of
the towns or villages of this state, shall keep in his house at
least three spare beds for his guests, with good and sufficient
bedding, and shall provide and keep good and sufficient stabling,
and provender of hay in the winter, and hay or pasturage in
the summer, and grain for four horses or other cattle more
than his own stock, for the accommodation of travelers; and
every keeper of an inn, tavern, or hotel, in the cities of this
state, shall keep at least three spare beds and the necessary
bedding, for the accommodation of travelers. For every neglect
or default of having either of the articles herein required, such
keeper shall forfeit ten dollars, to be recovered by the overseers
of the poor for the use of the poor.
SEC. 9. Every inn, tavern, or hotel keeper, licensed under the
provisions of this act, shall, within thirty days after obtaining
his license, put a proper sign on or adjacent to the front of his
house, with his name thereon, indicating that he keeps an inn,
tavern, or hotel.  For every month's neglect to keep up such
sign, he shall forfeit ten dollars.
SEC. 10. No inn, tavern, or hotel keeper, ~vho shall trust any
person, other than those who may be lodgers in his house, for
any sort of strong or spirituous liquors or wines, shall be capable
of recovering the same by any suit.  All securities given for
such debts shall be void; and the inn, tavern, or hotel keeper
taking such securities, with intent to evade this provision, shall
forfeit double the sum intended to be secured thereby.
SEC. 11. In all licenses that may be granted (except to inn,
tavern, or hotel keepers) to sell strong or spirituous liquors, or
wines, in quantities less than five gallons, there shall be inserted
an express declaration that such license shall not be deemed to
authorize the sale of any strong or spirituous liquor, or wine,
to be drank in the house or shop of the person receiving such
license, or in any out-house, yard, or garden appertaining thereto,
or connected therewith,
SEC. 12. Such licenses shall not be granted, unless the
commissioners are satisfied that the applicant is of good moral
character, nor until such applicant shall have executed a bond
to the people of this state, in the penal sum  of five hundred
dollars, with sufficient sureties, who shall duly justify in the
sum of one thousand dollars, to be approved by the commissioners,
and to be delivered to the commissioners, conditioned that, during
the term for which his license shall be granted, he will not suffer




694              ACTS RELATING TO THE CITY OF NEW YORK.
his place of business to become disorderly; that he will not sell,
or suffer to be sold, any strong or spirituous liquors or wines, to
be drank in his shop or house, or in any out-house, yard, or
garden, appertaining thereto, and that he will not suffer any
such liquor, sold by virtue of such license, to be drank in his
shop or house, or in any out-house, yard, or garden belonging
thereto; and whenever any person is seen to drink in such shop
oor house, out-house, yard, or garden belonging thereto, any
spirituous liquors or wines, forbidden to be drank therein, it
shall be prima facie evidence that such spirituous liquor or
wines were sold by the occupant of such premises, or his agent,
with the intent that the same should be drank therein.  On any
trial for the offense last aforesaid, such occupant or agent may
be allowed to testify respecting such sale.
Penalties  SEC. 13. Whoever shall sell any strong or spirituous liquors
for viola-                                                       liquors
tions.    or wines in quantities less than five gallons at a time, without
having a license therefor, granted as herein provided, shall forfeit
fifty dollars for each offense.
SEC. 14. Whoever shall sell any strong or spirituous liquors
or wines, to be drank in his house or shop, or any out-house,
yard, or garden appertaining thereto, or shall suffer or permit
any such liquors or wines sold by him, or under his direction or
authority, to be drank in his house or shop, or in any out-house,
yard, or garden thereto belonging, without having obtained a
license therefor as an inn, tavern, or hotel keeper, shall forfeit
fifty dollars for each offense.
SEC. 15. No inn, tavern or hotel keeper, or any other person licensed to sell any strong or spirituous liquors or wines,
shall sell or give away any such liquors or wines to any Indian
or apprentice, knowing or having reason to believe him to be
such, without the consent of his master or mistress, nor to any
minor under the age of eighteen years, without the consent of
his father, or mother, or guardian.  Whoever shall offend
against either of these provisions shall forfeit ten dollars, to be
recovered by the master of such apprentice or servant, or by
the parent or guardian of such minor; and any person, who
shall sell or give away any strong or spirituous liquor to any
Indian in this state, shall be deemed guilty of a misdemeanor,
and on conviction shall be liable to a fine of twenty-five dollars
for each and every offense.
Duty of    SEC. 16. It shall be the duty of every sheriff, under sheriff,
sheri,&c. deputy sheriff, constable, marshal, policeman, or officer of police,
to arrest all persons found actually engaged in the commission
of any offense in violation of this act, and forthwith to carry
such person before any magistrate of the same city or town, to
be dealt with according to the provisions of this act; and it




EXCISE.                                 695
shall be the duty of such magistrate, on sufficient proof that
such offense.has been committed, unless such person shall elect
to be tried before such magistrate, to require a bond to be
executed by such offender in the penal sum of one hundred dollars with sureties, who shall justify in double the amount severally, conditioned, that such offender will appear and answer the
charge at the next term of the court of oyer and terminer or
sessions to be held in said county, and abide the order and
judgment of the court thereon, or to commit such offender to
the  county jail until such judgment of said court, or until
he be discharged according to law.  And it shall be the
duty of the magistrate to entertain any complaint of a violation of this act, made by any person under oath, and forthwith to issue a warrant and cause such offender to be brought
before him, to comply with the provisions of this section; and
such magistrate shall, within ten days, cause such bond, together with all papers and affidavits, with a list of the persons and
residences of the complainants and witnesses examined before
him, to be delivered to the district attorney of the county, whose
duty it shall be forthwith to prosecute the same.
SEC. 17. It shall be the duty of every such officer, when- ratoxcated
ever he shall find any person intoxicated in any public place, to p9o.'r,
apprehend such person and take him before some magistrate of
the same city or town; and if such magistrate shall, after
due examination, deem him too much intoxicated to be examined,
or to answer on oath correctly, he shall direct said officer to
keep him  in some jail, lock-up, or other safe and convenient
place, until he shall become sober, and thereupon forthwith to
bring him  before said magistrate; and whenever any person
shall be brought before any magistrate, as provided in this section, it shall be the duty of such magistrate to administer to
such person an oath or affirmation, and examine him as to the
cause of such intoxication, and to ascertain the person or persons who sold or gave the liquor to such person; such intoxication being hereby declared to be an offense against the provisions
of this act, punishable, upon conviction, by a fine of ten dollars, and costs at the same rate as in courts of special sessions,
and imprisonment in the county jail, work-house, or penitentiary,
until paid, not, however, to exceed ten days.  It shall be the
duty of such officers to arrest, or cause to be arrested, all such
persons when so intoxicated, and of the magistrate to entertain
such complaints and make such examination, under the penalty
of fifty dollars, with full costs of suit, for any neglect to comply with the provisions of this section.
SEc. 18. Whoever shall sell or give away any strong or
spirituous liquors or wines, or shall suffer any such liquors or
wines to be sold or given away, under his direction or authority,
to any intoxicated person, shall forfeit not less than ten nor
more than twenty-five dollars for each offense.




696              ACTS IRELATING TO THE CITY OF NEW YORK.
Duty of    SEC. 19. It shall be the duty of magistrates and overseers of
magistrates
and over-  the poor in any town or city, on complaint and satisfactory
seers of
poor.    proof by a wife, that her husband is an habitual drinker of
intoxicating liquors, to issue written notices to all dealers in
intoxicating liquors, against whom such complaint is made, forbidding the sale or giving of such liquor to such husband for the
term of six months from the date of the notice, under a penalty
of fifty dollars, with costs, for bach and every sale or giving of
such liquor, after such notice shall have been given; to be sued
for in her own name and for her own use.  It shall be the duty of
such magistrates and overseers of the poor to forbid the sale in
like manner in all cases when a husband shall make like satisfactory proof concerning the wife, and all the provisions of this
section shall apply the same in either case. It shall be the duty
of magistrates and overseers of the poor, when like proof is
made by a parent concerning a child, who is a minor under the
age of twenty-one years, or by a child concerning a parent, to
forbid the sale in like manner; and all the provisions of this act
shall apply as in other cases named above.
Habitual   SEC. 20. It shall not be lawful, under the provisions of
and     this act, to sell intoxicating liquors to any person guilty of
paupers.  habitual drunkenness, nor to any person against whom  the
seller may have been notified by parent, guardian, husband or
wife, from selling intoxicating liquors, and every party so selling
or retailing intoxicating liquors shall, on proof thereof, before
any court of competent jurisdiction, be deprived of his license
to sell, and shall not be allowed a renewal of said license, and in
addition, on conviction, shall be punished by a fine of not less
than twenty dollars,:nor more than fifty dollars, for each and
every violation of the provisions herein set forth. If any inn,
tavern, or hotel keeper, or any otherperson or persons whatsoever,
knowingly (outside of any poor-house), shall sell or give to any
pauper, or inmate of any poor-house. or alms-house, strong or
spirituous liquors or wines, such person or persons so offending
shall be fined twenty-five dollars, and be guilty of a misdemeanor, and on conviction shall be imprisoned not more than
sixty days.
Sundays    SEC. 21. No inn, tavern, or hotel keeper, or person licensed to
and election
days.    sell liquors, shall sell or give away any intoxicating liquors or
wines on Sunday, or upon any day on which a general or special
election or town meeting shall be held, and within one quarter
of a mile from the place where such general or special election
or town meeting shall be held, in any of the cities, villages, or
towns of this state, to any person whatever, as a beverage. In
case the election or town meetings shall not be general throughout the state, the provisions of this section in such case shall
only apply to the city, county, village, or towns in which such
election or town meeting shall be held.  Whoever shall offend




EXCISE.                                697
against the provisions of this section shall be guilty of a misdemeanor, and on conviction shall be imprisoned in the county
jail, work-house, or penitentiary, not more than twenty days.
SEc. 22. The penalties imposed by this act, except the penalties provided fbr by sections eight, fifteen, and nineteen, shall be
sued for and recovered in the name of the board of commissioners of excise, and paid over to the treasurer of the county for
the support of the poor of the county.
SEc. 23. Every bond, taken pursuant to the provisions of Bonds.
this act, shall, within ten days after the execution of the same,
be filed in the office of the clerk of the town or village in which
the license shall be granted, and in cities, in the city clerk's
office.
SEC. 24. Whenever a breach of the condition of such bond,
given upon the granting of any license, shall happen, it shall
be the duty of the commissioners of excise, the supervisor of
the town, mayor of the city, or trustees of the village in which
the person who shall incur the penalty shall reside, to prosecute
the same and recover the penalty therefor.
SEC. 25. Whenever any conviction or judgment shall be
obtained against any person, licensed to sell strong or spirituous
liquors or wines, for any violation of the provisions of this act,
either in a suit for a penalty, or in a suit upon a bond given by
such person, it shall be the duty of the justice or court, before
whom the same shall be had, to transmit to the next court of
sessions of the county a statement of such conviction or judgment, and the offense for which it was obtained.
SEC. 26. The said court shall cause the person or persons, RIvoking
against whom such conviction or judgment was obtained, to be o
notified to appear on such day as the court shall appoint, to
show cause why any such license, that may have been granted
to him or them, should not be revoked. At the day appointed,
and on such other days as the court shall appoint, it shall
proceed to inquire into the circumstances, and shall revoke the
license granted to the person or persons violating the provisions of this act.
SEC. 27. The person whose license shall be revoked shall be
incapable of receiving any such license to sell strong or spirituous liquors or wines for the space of three years from the time
of such revocation.
SEC. 28. Any person, who shall sell any strong or spirituous
liquors or wines to any of the individuals to whom it is declared
by this act to be unlawful to make such sale, shall be liable for




698              ACTS RELATING TO THE CITY OF NEW YORK.
all damages which may be sustained in consequence of such
sale, and the parties so offending may be sued in any of the
courts of this state by any individual sustaining such injuries, or
by the overseers of poor of the town where the injured party may
reside, and the sum recovered shall be for the benefit of the
party injured.
Duty  of   SEC. 29. It shall be the duty of courts to instruct grand
Courts.
jurors to inquire into all offenses against the provisions of this
act, and to present all offenders under this act, and also all persons who may be charged with adulterating imported or other
intoxicating liquors with poisonous or deleterious drugs or mixtures, or selling the same, or with knowingly importing or selling intoxicating liquors or wines adulterated with poisonous or
deleterious drugs or mixtures; which offenses are hereby declared to be misdemeanors, to be punished by imprisonment in
the penitentiary, work-house or jail, for a period of three months,
and by a fine of one hundred dollars.
SEC. 30. In case the parties or persons, whose duty it is, by
the provisions of this act, to prosecute, shall neglect to prosecute for any penalty provided by this act, for the period of ten
days after complaint to them that any provision of this act has
been violated, accompanied with reasonable proof of the same,
any other person may prosecute therefor in the name of the
board cf commissioners of excise.
Employ-   SEC. 31. All incorporated companies and persons in this state
moltoin- engaged in conveying passengers, including especially all railtemperate'          ii 
persons.  road, steamboat and ferry companies, and all kinds of corporations conveying for hire, persons or property, shall be and hereby are required to refuse employment to all persons who, on
good and sufficient proof, shall be shown to indulge in the intemperate use of intoxicating drinks, and any such company,
which shall retain in its employ any person or persons who
shall, on competent proof, be shown to be intoxicated at any
period whilst in the active service of said company or person,
either as engineer, conductor, fireman, switch-tender, commander, pilot, mate or foreman, or be in any way connected
with the moving power or management, or whose duty, if neglected, would diminish the safety and security of life, limb or
property entrusted thereto, said company or corporation shall
be liable to pay a sum  of not less than fifty dollars, nor more
than one hundred dollars to the county treasurer in the county
where the offense may be committed and proved, before any
court of competent juriisdiction.
SEC. 32. In any judgment rendered or recovered on any bond
to be given under this act, or for any penalty incurred under
this act, the person or persons against whom such judgment




EXCISE.                                  699
shall be rendered shall not be entitled, under any execution
issued on such judgment, to the liberties of the jail.
SEC. 33. Title nine of chapter twenty of the first part of the
Revised Statutes, and the act entitled " An act for the prevention of intemperance, pauperism and crime," passed April ninth,
eighteen hundred and fifty-five, and all other acts inconsistent
with the provisions of this act, are hereby repealed.
SEC. 34. This act shall take effect immediately.
1860.-CHAPTER  CCLXXIV.
AN  ACT  requiring the Commissioners of Excise of the several
counties of this state to report annually to the Boards of Supervisors
of the several counties.-Passed April 11, 1860, "three-fifths
being present.'
The People of the State of New Yorkc, represented in Senate and
Assembly, do enact asfollows:
SEC. 1. The commissioners of excise in the several counties To nuke
in this state are hereby required to make annual reports to the portboards of supervisors of said counties at each annual meeting of
said boards, and within the first five days from the first day of
such annual meeting in each and every year after the passage of
this act.
SEC. 2. Such report shall be in writing, and shall be signed
by the said commissioners, or a majority of them, and shall
contain a true statement of all moneys received by them as such
commissioners in their official capacity during the year preceding
the date of said report, and also the name of every person in
said county to whom  the said commissioners have granted a
license to sell strong and spirituous liquors under any section of
the excise law, passed April sixteenth, eighteen hundred and
fifty-seven.
SEC. 3. Such report, when so made as aforesaid, shall be To be voiverified by oath or affirmation of the said commissioners, or a
majority of them, and shall contain a written statement endorsed
thereon, signed by the county treasurers of the county, setting
forth the whole amount of money paid over to them by said
commissioners during the same year in which such report shall
be made, and the said commissioners shall also report to said
boards the whole amount of fines or penalties received by them
in their official capacity from any and every person for any




700              ACTS RELATING TO THE CITY OF NEW YORK.
violation of the act, entitled " An act to suppress intemperance
pauperism, and crime," passed April sixteenth, eighteenhundred
and fifty-seven; and in case said commissioners, or either of them,
shall neglect or refuse to report as aforesaid, he or they shall
forfeit and pay one hundred dollars for every such neglect or
refusal, to the use of the people of the county in which he or
they may reside.
SEC. 4. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed.
SEC. 5. This act shall take effect immediately.
1862.-CHAPTER  CLXI.
AN ACT to authorize Clerks of Boards of Excise to take afidavits
and acknowledgments in certain cascs.-Passed April 8, 1862.
The People of the State of New York, replresented in Senate and
Assembly, do enact as follows:
SEC. 1. The clerks of the several boards of excise in this
state shall have the same power to take affidavits and acknowledgments of any instrument to be used before such boards, as
justices of the peace; but they shall receive no fees for the
sam e.
SEC. 2. This act shall take effect immediately.




EXCURSIONS.
1855.-CHAPTER DLVI.
AN ACT in rclation to Steamboat Excursions.-Passed April
19, 1855, "three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as fbllows:
SEc. 1. That when a steamboat shall be employed for making Authority of' *master to
an excursion of pleasure from  the city of New York, on the demand
sound, or on the Hudson river, it shall be the duty of the residence of
master of such boat to require of each male person who takes passengers.
passage with him for such purpose, and who has arrived at the
age of discretion, to give his name, and the place, of his abode,
namely: the number of the house, street and city in which he
resides, and on his refusal so to furnish his name, not to permit
him  to take passage on such boat; and from the names so
obtained, it shall be the duty of such master to make a list, and
within five days after such excursion, to file the same in the
office of the clerk of the city and county of New York, paying
him for filing the same the sum of six cents; and it is hereby
made the duty of such clerk to receive, file and safely keep
such list in his office, marking on the back thereof the name of
the steamboat, the date of the excursion, and the time of filing
the same: Provided, that this section shall not apply to any
regularly plying ferry boat.
SEC. 2. For a neglect by the master to comply with the Penalty.
directions hereinbefore contained, he and the owner or owners
of the boat, or either of them, shall be subject to a penalty of
one hundred dollars, to be sued for in any court having cognizance of the offense, by any person aggrieved in the matter,
the one half of which penalty, when recovered, to be paid to
the plaintiffin such suit, and the other half to the overseers of
the poor of the town in which the person aggrieved shall
reside.
SEc. 3. Each and every person engaging in such excursion, Trespassers.
who shall invade and enter upon the lands and possessions of
any owner or occupant residing on or near the banks of the
sound or of the Hudson river, and shall roam about the grounds,
orchards and gardens, and help himself to fruit, or whatever may




702              ACTS RELATING TO THE CITY OF NEW YORK.
seem  desirable, without previous leave obtained, shall, in
addition to an indictment for the trespass, and to a personal
Penalty.  action for damages, incur the penalty of ten dollars, to be sued
for by the party aggrieved, one half thereof, when collected, to
be paid to such party, and the other half to the overseers of the
poor.
SEC. 4. This act shall take effect immediately.




FERRIES.
LAWS OF THE COLONY OF NEW YORK.
AN ACT to regulate the Ferry between the city of New  York and
the Island of Nassau, and to establish the Ferriage thereof —Passed
October 14, 1732.
Whereas, The rates and prices of the ferriage for men, horse,
cattle, grain, and all other goods transported over the ferry
between the city of New York and the island of Nassau, were
heretofore regulated by the mayor, aldermen, and commonalty
of the said city, to whom that ferry belongs; and, for avoiding
disputes, the aforesaid ferriage was afterwards established for
the term of seven years, by an act of the general assembly of
this colony, entitled,
"An act for regulating the ferry between the city of New York 6 George II,
and the island of Nassau," passed the fourth year of his late
majesty's reign; and the same having been generally approved
of, was, by another act, passed in the twelfth year of his said
majesty's reign, revived, and, by another act, passed in the
first year of his present majesty's reign, continued until the
twelfth day of June, which will be in the year of our Lord, one
thousand seven hundred and thirty-three, as in and by the said
acts, relation being thereunto had, may miore at large appear.
And, whereas, the rates and prices of the ferriage aforesaid are
still well approved of, and allowed to be reasonable  and
moderate,
I. Be it enacted, By his excellency, the governor, the council,
and the general assembly, and it is hereby enacted by the
authority of the same, that fromn the said twelfth day of June
next ensuing, and at all times thereafter, the ferriage for transporting men, women, horses, cattle, and grain, with all manner
of goods, wares, and merchandises over the said ferry, either
forward or backward, shall be, and hereby are established, to
be and remain after the rates and prices following: that is to
say-[Rates to be charged, since altered.]
II. And be it farther enacted, By the authority aforesaid, that
all other merchandise, goods, commodities, and things whatsoever, not enumerated and specified in this act, shall pay for the
ferriage and transportation thereof, from New York to Nassau
Island, or from  Nassau Island to New York, in proportion to
the rates above specified and enumerated for a greater or less
weight or quantity, and not otherwise.




704               ACTS RELATING TO THE CITY OF NEW  YORK.
Pesuch as     And in case any person or persons whatsoever shall refuse
frei to pay hereafter to pay the rates and prices of ferriage before mentioned,
to the ferryman for the time being, pursuant to the regulation
mad, in this act, he, she, or they so refusing shall forfeit and
pay treble the rate to which he, she, or they were liable by
virtue of this act, together with the charges for recovering the
same, upon the oath of one or more credible witnesses, before
any of his majesty's justices of the peace within this colony,
who are authorized and required to administer the said oath, and
to give judgment and award execution accordingly.  And if
any dispute shall happen to arise hereafter, concerning the rates
and prices of ferriage for any goods or commodities not expressed
and particularly enumerated in this act, and the matter be
brought before some one of his majesty's justices of the peace,
by the contending parties, the said j ustice of the peace is hereby
authorized and required to hear and determine the same, so as
to him  shall appear to be conformable to the true intent and
meaning of this act, and to award costs against the person in
default.
Penalty on    III. And be it fitrther enactcd, by the authority aforesaid, That
tan for not if the ferryman of the said ferry between New York and Naslanding at
tho a ac sau Island, shall neglect or refuse to come or go with the said
apponted  ferry boats to and from such place or places in the city of New
York, as now are or hereafter, from  time to time, shall be appointed  and prescribed unto him  for landing places by the
mayor, aldermen, and commonalty of the said city, [wind and
weather permitting,] shall, for every such offense, forfeit the
sum  of twenty shillings, to be recovered in the manner as aforesaid, and paid to the treasurer of the said city for the time being,
to be applied towards the defraying the public charges of the
same; and if, from  and after the publication of this act, the
ferryman for the time being, his servant or servants, shall demand, impose, exact and take  any greater or other rates for
transporting of persons, goods, wares, merchandise  or other
things whatsoever, over the said  ferry, than  is hereinbefore
limited, appointed and established, he or they, or any of them
so offending in the premises, shall forfeit and pay for every such
offense the sum of twenty shillings, one moiety thereof to the party
aggrieved or other person who shall prosecute and sue for the
same, and the other moiety thereof to the treasurer of the same
city, for the time being, to be applied and recovered in manner
and form as aforesaid.
IV. And be it fiurthcr enacted, by the same authority, That it
shall and may be lawful for the mayor, aldermen, and commonalty of the city of New York for the time being, their successors and assigns, to demand, receive and take the rates and
prices above in the act mentioned, for transporting of persons,
goods, wares, merchandise and other things from  the city of




FERRIES.                                 705
New York to the island of Nassau, and from the island of Nassau to the city of New York, over the ferry in the ferry boats,
and shall and may establish and keep one or more ferries between Lawful for
the said city of New Yoi'k and the island of Nassau, for theth.C, to aet
better and more easy transportation of goods and passengers u    more
over the said ferry.  Always provided, That there shall be and ferry.
remain one constant ferry, fiomn the present ferry of Nassau
Island to the city of New  York, at some convenient landing
place in the said city, to the eastward of the slip commonly
called Wall street slip or Clark's slip, including the said slip.
V. And be it fJirther enacted, by the authority aforesaid, That Persons by
the ferryman for the time being shall not impose, exact, de-side   to
mand or receive any rates or ferriage for any goods or things  rPrt,
whatsoever, transported by any of the inhabitants living across goo   in
the river, at or near the ferry on Nassau Island in their own boats.
boats or canoes.  That is to say, between the place commonly
called and known by the names of Kychout and Red Hook,
provided the said goods and commodities be properly their own,
and not belonging to any other person or persons, whomsoever.
But in case any such inhabitants, under color or pretense of
transporting his or her own goods only, shall transport and
carry, or bring over the said ferry the goods of any other person
or persons of what kind soever, for hire, reward or without,
and thereof be convicted before any of his majesty's justices of
the peace, by the oath of one or more creditable witness, (which
justices are hereby authorized and required to administer such
oath, and to give judgment and award execution,) such inhabitant or person so offending shall forfeit and pay to the ferryman
of the aforesaid ferry, for the time being, the sum  of twenty
shillings, current money of this colony, with costs of suit.
VI. And for as much as the mayor, aldermen and common- x   other
alty of the city of New York have been for many years past, and pr socnobut
still are legally and solely seized of the ferry aforesaid; and tion to keep
a ferry bethat they have at their own great cost and charge, not only pur- tween New
chased lands in Nassau Island at the place where the said ferry Nsaau.
has always been kept, but likewise erected there houses, stables
and a pier for the accommodation of travelers, passengers,
drovers, horses and cattle and a convenient bridge or landing for
boats to come at or go off from: Be it therefore enacted, by the
authority aforesaid, that no other person or persons whomsoever,
other than the said mayor, aldermen, and commonalty of the city
of New  York, their successors and assigns, shall presume to
erect and keep a ferry between the city of New York and Nassau Island, for carrying or bringing any passengers, horses,
cattle, hogs, sheep, goods, wares, merchandise or other commodities or things whatsoever over the said ferry, hereby rated
and established, for any hire, wages or reward whatsoever, or
without, under the penalty of fifty pounds for every such offense,
45




706                ACTS RELATING TO THE CITY OF NEW  YORK.
with full costs of suit: one moiety thereof to his majesty, his
heirs and successors, towards. the support of his government in
this colony, and the other moiety thereof to such person or
persons as shall prosecute and sue for the same to effect, in any
court of record within the said colony, where no essoin, protection or wager of law, or more than one imparlance shall be
allowed.
The oferr  - VII. And be  itfurther enacted, by the authority aforesaid, That
ua table of the ferryman for the time being shall be obliged to paste upon
the rates of    fr
the ferriage. a board and hang up in the porch of the ferry-house, or at the
most public place there, fairly in writing or printed, a table of
the rates and prices of the ferriage, as the same are hereby
established, and that in default thereof, the ferryman for the
time being shall forfeit and pay, for every day he shall refuse,
omit or neglect to hang up such table of rates and prices of
ferriage in manner as aforesaid, the sum of twenty shillings to
any person or persons who shall sue and prosecute for the same,
before any of his majesty's justices of the peace; who hereby
are authorized and required to hear and determine the same,
and upon conviction of the offense, to award judgment and
execution accordingly.
VIII. And be it further enacted, That this act shall be deemed
and taken to be a public act, and all judges and justices are
hereby obliged to take notice of it as such, without specially
pleading the same.
1SO1.-CHAPTER CVI.
AN  ACT to regulate the Ferry and Rates of Ferriage between the
city of New York and the Island of Nassau.-Passed 2d April,
1801.
Rates of fer-  I. Be zt enacted by the People of the State of New York, repreriage  betwen Nw sented in Senate and Assembly, That the rates or prices for carryYork auaI  ing men, women, horses, cattle, grain and all other goods, merland     chandise and things whatsoever, in the ferry-boats from  the
city of New York to the island of Nassau, or from the island
of Nassau to the said city of New York, shall be as follows,
that is to say: (1) [Rates of ferriage prescribed, altered by act
of April 9, 1813.]
Articles not   II. And be itfurther enacted, That the ferriage of all other
be in propor- goods, merchandise, and things whatsoever, not specified in this
tion to
weight or act, fiom the city of New York to the island of Nassau, or from the
quatity.  island of Nassau to the city of New York, shall be paid according
(1) Like act of 28 February, 1789, with amendments and additions, 2 Green., 273.




FERRIES.                                   707
to the rates above specified, in proportion to the weight or quantity transported, and not otherwise; and if any person shall refuse Persons re.
to pay to the ferryman the rates and prices of ferriage estab- to forfeit
treble the
lished by this act, the person so refusing shall forfeit and pay sum.
to such ferryman treble the rate to which such person was:
liable by this act; to be recovered, with costs of suit, in any
court having cognizance thereof; and if any disputes shall arise Disputes
concerning
concerning the rates or prices of ferriage for any goods or corn- ferriage
Age     i.L'  i    is      i   ~  J-i  r  J.  iJO1     ^   how    settled.
modities not particularly expressed in this act, and the matter hw    d.
be brought before any justice of the peace by the contending
parties, such justice shall hear and determine the same so as to
him slfall appear to be conformable to the true intent and meaning of this act, and shall award costs against the party in
default.
III. And be it further enacted, That it shall be lawful for thecorporation
of New
mayor, aldermen, and commonalty to demand and receive the York entirates and  prices of ferriage aforesaid, for the said ferriage said ferriage
from and to the said city as aforesaid, and may establish and
keep one or more ferries between the said city and the island
of Nassau as aforesaid.
IV. And be it further enacted, That if any ferryman or his Penaltron
servant shall ask, demand, or take any greater or other rates for man for takferriage from the said city of New York to the island of Nassau, tan lawfu
or from the said island of Nassau to the said city of New York, ferriage.
than are hereinbefore established, the person so offending shall,
for every offense, forfeit and pay the sum  of two dollars and
fifty cents.
V. And be it further enacted, That every ferryman shall paste Ferryman to
affix up in a
upon a board and hang up in the porch of each respective ferry-. public place
the rates of
house, or at the most public place therein, a table, fairly written ferriag, ute
or printed, of the rates or prices of ferriage as established by this dr a penalact; and in case any ferryman shall neglect or refuse to hang up
such table of rates and prices of ferriage, in manner aforesaid,
he shall, for every day he shall so neglect or refuse to do the
same, forfeit the sum of two dollars and fifty cents.
VI. And be it further enacted, That the ferryman shall always Oneo oat to
be always
have one or more boats ready on each side of the river: at least ready  on
each side of
one half hour before sunrise, and so shall continue through the the  river,
whole day until eight o'clock in the evening, for the purpose of "'   a
transporting passengers and their effects; and any ferryman
who shall neglect to have his boat or boats ready on each side
of the river to carry over passengers or their effects, at such
time and times, wind and weather permitting, every such ferryman so neglecting shall forfeit and pay, for every such neglect, penalty on
persons for
the sum of one dollar and twenty-five cents to the person so neglect  of
detained, to be recovered in any court having cognizance there- duty.




708               ACTS RELATING TO THE CITY OF NEW  YORK.
of; and every ferryman who shall neglect or refuse to come and
go with the ferry boats, wind and weather permitting, to and
from  such places in the said city as now are or hereafter shall
be appointed for landing places by the mayor, aldermen, and
commonalty of the said city, shall, for every such offense, forfeit
two dollars and fifty cents, to be recovered before any court
having cognizance thereof, by any person who will sue for the
same, and paid to the chamberlain of the said city towards
defrayirg the public charges thereof.
Inhabitants   VII. And be it furthe? enacted, That it shall be lawful for any
may tras- of the inhabitants of the town of Brooklyn to transport their
owngoods in own goods in their own boats, from the island of Nassau to the
boats. W city of New York, and from the city of New York to the island
Proviso.   of Nassau, without paying any ferriage for the same: Provided,
hoiwever, That if any such inhabitant, under color or pretext of
transporting his or her own goods only, shall carry or bring
over the said ferry the goods of any other person of what kind
soever, with or without hire or reward, every such inhabitant
shall, for every such offense, forfeit and pay to the ferryman of
such ferry two dollars and fifty cents, to be recovered, with costs
of suit, before any justice of the peace or court having cognizance thereof.
No person  VIII. And be it furthr enacted, That no person, other than
but the corporation of the said mayor, aldermen, and commonalty, shall erect or keep
kee Yok toy a ferry between the said city and Nassau Island, for carrying
Netw Ye ork bringing of any passengers, horses, cattle, hogs, sheep, goods,
an Nassau merchandise, or other things whatsoever over the said ferry
Island,  under a penal- hereby rated, with or without any hire or reward, under the
ty.     penalty of one hundred and twenty-five dollars for every such
offense.
Penalties  IX. And be it firther enacted, That all the penalties and foract, how re- feitures imposed by this act, except where the same is hereinbefore
coveed and otherwise appropriated, may be recovered, with costs of suit, in
any court having cognizance thereof, by any person who will
sue for the same to effect, the one moiety thereof when recovered,
to be paid to the overseers of the poor of the city or town where
the same shall be recovered, for the use of the poor thereof, and
the other moiety to the person who will sue for the same.




FERRIES.                                709
1813. CHAPTER LXXXVI.
AN ACT to reduce several laws, relating particularly to the City
of New York, into one act.-Passed April 9, 1813.
FERRIES AND RATES OF FERRIAGE BETWEEN THE CITY OF NEW
YORK AND THE ISLAND OF NASSAU.
XLV. And be itfurther enacted, That the rates or prices for Rates of frrcarrying men, women, horses, cattle, grain, and all other goods, gen Now
merchandise and things whatsoever, in the ferry boats from the Nskau an
city of New York to the island of Nassau, or from the island of Island
Nassau to the city of New York, shall be as follows, that is
to say:
For every horse, mare or gelding, with or without a saddle,
twelve and an half cents.
Every fat ox, steer or bull, twenty-five cents; for all other neat
cattle, eighteen cents; the ferry master to find the necessary
head ropes to fasten and secure the cattle in the boats.
Every live calf, hog or sheep, three cents; every lamb, two
cents.
Every dead calf, hog or sheep, two cents; every dead lamb, pig
or shote, one cent.
Every quarter of beef, three cents.
Every firkin of butter, lard or tallow, two cents.
Every pail or tub of butter, lard or tallow, one cent.
Every other package of butter, lard or tallow, three cents percwt.
Every cheese, one-quarter cent.
Every ham, an half cent.
Every hundred weight of bar iron, nail rods, nails, steel, shot,
painter's colors, lead, pewter, rice, sugar, copperas, alum,
brimstone, dye wood, or any other kind of grocery, commonly
sold by the hundred, three cents.
Every hundred weight of copper, brass, or iron hollow ware,
six cents.
Every hundred weight of gunpowder, six cents.
Every hundred weight of beaver, raccoon skins or coats, or other
furs, four cents.
Every bushel of salt, wheat, rye, Indian corn, buckwheat, flax
seed, or any other article of grain, commonly sold by the
bushel, an half cent.
Every bushel of apples, pears, peaches, potatoes, turnips, walnuts, green beans and peas, and every other article sold by
the bushel, heaped measure, an half cent.
Every hundred of sheepshead, shad or bass, twelve and an half
cents.
Every hundred perch, three cents.
Every bag full of flour, meal or bread, not exceeding two bushels, one cent.




710               ACTS RELATING TO THE CITY OF NEW YORK.
MEvery barrel of wheat or flour, rye or Indian meal, three cents.
Every barrel of bread, two cents.
Every hogshead or pipe of wine, rum, brandy or molasses, containing one hundred and twenty gallons, thirty-seven and an
half cents, and in that proportion for casks of a greater or less
size.
Every barrel of soap, six cents.
Every hogshead of cider, twenty cents.
Every barrel of cider, six cents.
Every barrel of beef or pork, six cents.
Every empty pipe or hogshead, six cents.
Every empty tight barrel, two cents.
Every empty flour cask, one cent.
Every turkey, goose, brandt, or other wild or tame fowl, one
quarter of a cent.
Every dozen of small biids, one quarter of a cent.
Every hundred eggs, two cents.
Every coach, eighty cents.
Every phaeton, fifty-five cents.
Every one horse chaise with standing top, thirty-one cents.
Every other riding chair or gig, twenty-five cents.
Every sulky, twenty cents.
Every wagon, thirty-seven and an half cents.
Every double sleigh, twenty cents.
Every single sleigh, fifteen and an half cents.
Every pair of cart wheels, twelve and an half cents.
Every pair of chair or wagon wheels, six cents.
Every thousand three feet shingles, fifty cents.
Every thousand shingles from  twenty-four to twenty-seven
inches in length, thirty-one cents.
Every thousand shingles from eighteen to twenty-two inches in
length, twenty-five cents.
Every thousand feet of joist or scantling, thirty-one cents.
Every board of one inch thick, twelve inches wide and fourteen
feet long, three quarters of a cent; and in that proportion for
boards and plank of different lengths and thickness.
Every hundred lath for shingling, twenty-five cents.
Every thousand cedar or pine lath, for ceiling, twelve and an
half cents.
Every cedar bolt, one cent.
Every hundred of pipe staves or heading, fifteen cents.
Every-hundred of hogshead staves or heading, twelve and an
half cents.
Every hundred of barrel staves or heading, eight cents.
Every hundred feet of window glass, three cents.
Every tierce of lime, twelve and an half cents.
Every bushel of loose lime, two cents.
Every hundred bricks, six cents.
Every full trunk or chest, four feet long, six cents; if empty,
three cents.




FERRIES.                                711
Every full trunk or chest, three feet long, four cents; if empty,
two cents.
Every full trunk or chest, two feet long, two cents; if empty,
one cent.
Every full trunk or chest less than two feet in length, one cent;
if empty, an half cent.
Every bookcase or cupboard, twenty-five cents.
Every secretary or chest of drawers, twenty cents.
Every mahogany dining table, eight cents; of other wood, four
cents.
Every mahogany tea or card table, four cents; of other wood,
two cents.
Every pianoforte, twenty cents.
Every mahogany bedstead, four cents; of other wood, two cents.
Every clock and case, twenty-five cents.
Every sideboard, thirty-seven and an half cents.
Every mahogany settee, twenty-cents; of other wood, six cents.
Every mahogany cradle, six cents; of other wood, four cents.
Every dozen of Windsor or other sitting chairs, twelve and an
half cents.
Every case with full bottles, four cents;if empty, two cents.
Every dozen wool or cotton cards, two cents.
Every bale of cotton or wool, ten cents.
Every hundred weight of cotton or wool (not in bales), six cents.
Every dozen scythes, two cents.
Every corn fan, one cent.
Every piece of osnaburgs or duck, two cents.
Every piece of blankets, duffels, coatings or frize, four cents.
Every piece of broadcloth, serge, shrouds, flannel, halfthicks or
drugget, two cents.
Ev.ery piece ofduroy, calimancoes, shalloon, or linen, one cent.
Every dozen of men's or boys' hats, one cent.
Every man's or woman's saddle, one cent.
Every pair of blankets, one cent.
Every rug, one cent.
Every dozen of spades or shovels, two cents.
Every looking-glass, as follows:
Every plate six feet long, fifty cents.
Every plate five feet long, thirty cents.
Every plate four feet long, twenty cents.
Every plate three feet long, twelve cents.
Every plate two feet long, four cents.
All under two feet long, one cent.
Every picture, as follows:
Every glass four feet long or upwards, eight cents.
Every glass three feet long, six cents.
Every glass two feet long, two cents.
All under, one cent.
Every dozen of frying pans, two cents.
Every empty firkin or pail, one-quarter of a cent.




712              ACTS RELATING TO THE CITY OF NEW YORK.
Every empty two bushel basket, one-quarter of a cent, and
smaller in proportion.
Every dozen of empty bags, one half cent.
Every side of sole leather, one cent.
Every side of upper leather, one half cent.
Every calf-skin, one-quarter of a cent.
Every beef's hide, two cents.
Every bear skin or dry hide, or horse skin, an half cent.
Every barrel of tar, pitch, turpentine or rosin, six cents.
Every ton of cordage, hemp, or flax, sixty-two and an half cents.
Every coach body, twenty-five cents.
Every chaise, chair, or sulky body, nine cents.
Every crate of earthenware, twelve and an half cents.
Every cask of flax seed, and dry beans or peas of seven bushels,
seven cents.
Every hundred oysters or clams, one cent.
Every sheaf of straw, an half cent.
Every feather bed, three cents.
Every cat tail or straw bed, one cent.
Every mattress of hair or wool, two cents.
Every chaldron of coals, fifty cents.
Every cord of nutwood, eighty cents.
Every cord of oak, or other wood, seventy cents.
Every kettle of milk, of eight gallons or upwards, two cents.
Every empty milk kettle, one cent.
Every musket or fowling piece, one cent.
Every ream of paper, one cent.
Every fruit or other tree, more than six, or less than ten feet long,
an half cent; all under, a quarter cent.
Flowers or shrubs in pots or boxes, an half cent.
Every corpse of an adult, twenty-five cents; of a child, twelve
and an half cents.
Every hundred weight of hay, ten cents.
Every dog, four cents.
Every passenger, two cents.
Every horse boat of household furniture, when a single boat is required, one hundred and fifty cents.
Larger     And whenever a certain rate of ferriage is fixed for any partiquantities,
or weight n cular quantity or weight of goods or merchandise, a proportionpopcrti o  able rate shall be taken for any greater or less quantity or weight
of the same goods: Provided always, That no ferriage shall be
paid for a suckling child, or for such small articles, not before
enumerated, as a woman carries in her apron, or a man or a boy
in his hand, or under his arm.
Ferriage for   XLVI. And be it further enacted, That the ferriage of all other
articles not
specified, togoods, merchandise, and things whatsoever, not specified in
be paid ac-                          N
cording to this act, from the city of New York to the Island of Nassau, or
boe ratop from the Island of Nassau to the city of New York, shall be
to wqehtit paid according to the rates above specified, in proportion to the




FERRIES.                                   713
weight or quantity transported, and not otherwise; and if any
oerson shall refuse to pay the ferryman the rates and prices ofuersons referriage established by this act, the person so refusing shall for- to  forfeit
-.                                                9           treble.
feit and pay to such ferryman treble the rate to which such
person was liable by this act, to be recovered with costs of suit,
in any court having cognizance thereof; and if any disputes Disputes
n..'.       *      >  >.,>      concering
shall arise, concerning the rates or prices of ferriage, for any ferries, how
goods or commodities not particularly expressed in this act, and etted.
the matter be brought before any justice of the peace by the
contending parties, such justice shall hear and determine the
same, so as to him shall appear to be conformable to the true
intent and meaning of this act, and shall award costs against
the party in default.
XLVII  Azd be it furtlher enacted, That it shall be lawful for orporation
of New York
the mayor, aldermen and commonalty of the city of New York entitled to
to demand and receive the rates and prices of ferriage aforesaid, the fe
for the said ferriage from and to the said city, as aforesaid, and
may establish and keep one or more ferries between the said city
and the Island of Nassau, as aforesaid.
XLVIII. And be it furthcr enacted, That if any ferryman, or Penalty for
his servant, shall ask, demand, or take, any greater or other rates or  taking
of ferriage from the said city of New York to the Island of Nas- lor fetha
sau, or from the said Island of Nassau to the said city of New.g.
York, than are hereinbefore established, the person so offending
shall, for every offense, forfeit and pay the sun of two dollars
and fifty cents.
XLIX. And be it further enacted, That the ferrymasters, orFerrymastr
keepers of the ferries, shall have the rates of all the articles rates of ferriage in a
enumerated in the forty-fifth section of this act, together with csonpicuous
the fines and penalties relating  to ferries, printed on a large ry-houses
sheet of paper, and always keep those rates up in a conspicuous uder a penplace in the ferry-houses at the ferries; and if any or either of
the said ferrymasters, or keepers of said ferries, shall neglect to
put up or keep the said lists as aforesaid, the person so offending shall be liable to a fine of three dollars for every day he
shall so neglect the same, to be recovered at the suit of any
person who shall sue for the same, before any court having cognizance thereof.
And whereas, the ferry boats are frequently employed in jobbing and transporting goods and merchandise from places having
no connection with the said ferry, whereby the public suffer
great inconvenience, for remedy whereof,
L. Be it.furthcr enacted, That the owner or keeper of everyFerry boats
to be letterferry boat shall have his name painted with white letters, three cd   with
inches in length, on a black ground, on the outside of the stern on,,etc,
of his boat, and the words "ferry boat" in like manner on the in- ulte  pe



714                ACTS RELATING TO THE CITY OF NEW  YORK.
side of the stern  of every boat; and the owner or keeper of
every ferry boat, who shall neglect to have his boat lettered as
aforesaid, shall be liable to a fine of three dollars for every week
he shall so neglect the same, and the owner or keeper of every
rerry boats ferry boat, who shall employ, or suffer the same to be employed,
to be em-..r
ployed only in any other business, except from ferry-stairs to ferry-stairs on
on the frry. both sides of the river, shall be liable to a fine of fifteen dollars
for every offense, to be recovered at the suit of the overseers of
the poor of the city of New York, or of the town  of Brooklyn,
whichever first shall sue for the same, before any court having
cognizance thereof.
iog rsw dh   LI. And be it firtlcr enacted, That the ferry masters, or owners
ferry boats of the ferry boats, shall, at all times, in the months of May,
are to be
kept   in June, July, August, and September, in every year, have boats
rcadicss.  ready for the transportation of passengers and goods, from  half
an hour before sunrise in every morning, to nine o'clock in the
evening, and in all the other months in the year, from  sunrise to
Passage not eight o'clock in the evening, and that no passenger shall be deto be delayed   moior tained more than five minutes, under the penalty of fifty cents
than  five
minutes.  for every offense, at any time within the hours or times aforesaid:
rroviso.   Provided, the wind, weather, or ice, do not render the crossing
of the river difficult or very dangerous.
Ifnhaitants    LII. And be it further enacted, That it shall be lawful for any
of Brooklyn
may trans- of the inhabitants of the town of Brooklyn to transport their
port  their
goods  i, own goods in their own boats, from  the Island of Nassau to the
their  ow city of New York, and from the city of New York to the Island
Proviso    of fNassau, without paying any ferriage for the same: Provided,
however, that if any such inhabitant, under color or pretext of
transporting his or her own goods only, shall carry or bring over
the  said  ferry the goods of any other person, of what kind
soever, with or without hire or reward, every such inhabitant
shall, for every such offense, forfeit and pay to the ferryman of
such ferry two dollars and fifty cents, to be recovered with costs
of suit, before any justice of the peace, or court having cognizance thereof.
No  person   LIII. And be it further enacted, That no person, other than
but corporation of New the said mayor, aldermen, and commonalty, shall erect or keep
York to keep                                                    f
a ferry be- a ferry between the said city and Nassau Island, for carrying or
cityandNas- bringing of any passengers, horses, cattle, hogs, sheep, goods,
sanderap  merchandise, or other things whatsoever, over the said ferry
alty.    hereby rated, with or without any hire or reward, under the
penalty of one hundred and twenty-five  dollars, for every such
offense.
Barges  or   LIV. Andbe it further -enacted, That a sufficient number of
passengers  Lfor
to be kept at barges shall at all times be kept a the ferries th e  the transportation of pssengersthe ferry masters shal  ot suffer
tion of passengers, and that the ferry masters shall not suffer




FERRIES.                                 715
any baggage or lumber, whereby any passenger shall be incommoded, to be put on board any of the said barges, under the
penalty of two dollars for every offense, to be paid to any person who shall sue for the same.
LV. And be it further enacted, That the ferry masters shall Numberaof
constantly keep in their employ not less than two men to row  ge  ferry
in every barge, and two men in every horse boat or large boat;
and if any of them shall neglect to keep the number of men in
every boat, the ferry masters, or keepers of any of the ferries
aforesaid, shall be liable to a fine of five dollars for every
offense, to be recovered in the manner described by the fiftieth
section of this act.
LVI. And be itfurthcr enacted, That every barge employed Barges to be
of    certain
in the said ferries shall not be less than twenty-two feet in dimensions.
length, nor less than five feet and a half in breadth; and that
the ferry masters, or their agents, shall not admit more than Namber of
eighteen passengers on board any of those barges at one time, therein to be
under the penalty of two dollars for every offense, to be recovered
from  the ferry masters, by any person who will sue for the
same, before any court having cognizance thereof.
LVII. And be it further enacted, That the harbor masters of Harb~ormas
the city of New York, for the time being, shall be the persons termine
whether
who shall at all times, on the complaint of any person, deter- boats are in
mine whether the boats are in the order and condition in which prr ord
ferry boats ought to be kept.
LVIII. And be it further enacted, That all the penalties and Penltit relative to ferforfeitures imposed by the part of this act relating to ferries, ries and forand rates of ferriage, except where the same is hereinbeforerecovered
otherwise appropriated, may be recovered, with costs of suit, in pidatedPP
any court having cognizance thereof, by any person who will sue
for the same to effect, the one moiety thereof, when recovered,
to be paid to the overseers of the poor of the city or town
where the same shall be recovered, for the use of the poor
thereof, and the other moiety to the person who will sue for the
same.
1814.-CHAPTER  XXIX.
AN A CT for the encouragement of Steam Ferry Boats between the
southernmost Ferry of the City of New York and the Old Ferry
at Brooklyn, on the Island of Nassau.-Passed March 4, 1814.
Whereas, The mayor, aldermen and commonalty of the city Recital.
of New  York, in common council convened, have, by their




716              ACTS RELATING TO THE CITY OF NEW YORK.
memorial to the legislature, represented that they have recently
entered into a contract with William Cutting and Robert Fulton,
esquires, in consequence of which they anticipate that one or
more steam  ferry boats will be in actual operation upon the
southernmost ferry from the said city to the old ferry, at Brooklyn, on Nassau Island, by the first day of May next, but that
the said William Cutting and Robert Fulton have entered into
this contract under the expectation and belief that the legislature will permit the rates of ferriage, on passengers, across the
said ferry, to be increased: and the said memorialists have, in
and by their said memorial, prayed that the said permission
should be granted, and that the common council of the said
city should be authorized to pass such ordinance or ordinances
as may be proper to prevent ships and other vessels from interrupting the said steamboats in their passage across the said
ferry: And whereas, the encouragement of steam ferry boats is
highly important to the community, and merits the patronage
of the legislature: Therefore,
ates of fer-  I. Be it enacted by the People ofthe State of New York, represented
in Senate and Assembly, That the rates or prices for carrying persons and articles hereinafter particularly specified and enumerated, from  the southernmost ferry from  the said city of New
York to the old ferry at Brooklyn, on the Island of Nassau, and
from the said old ferry at Brooklyn to the said city of New
York, in a steam  ferry boat, shall be as follows, that is to say:
for each and every person who may choose to pass in a steam
ferry boat, across the said ferry from the said city to Brooklyn,
aforesaid, or from  Brooklyn to the said city, the sum of four
cents; for each and every wagon, cartor sleigh, loaded or
empty, drawn by not more than two horses, mules or oxen, the
driver included, thirty-seven and a half cents; for each and
every wagon, cart or sleigh, drawn by not more than one horse,
mule or ox, when loaded, the driver included, twenty-five cents,
and when empty eighteen cents; for each and every milk cart
or sleigh, carrying not more than four kettles of milk, full or
empty, the driver or drivers included, drawn by not more than
Pr  one horse or mule, eighteen cents: Provided, always, That every
wagon or cart, loaded with hay or straw, the driver included,
and drawn by not more than two horses, mules or oxen, shall
be rated at fifty cents, any law  to the contrary notwithstanding.
inhabitans   II. And be it further enacted, That it shall be lawful for any
may  cor- of the present or future residents or inhabitants of the said
pound  for
tirriage.   Island of Nassau to compound by the year with the lessee or
lessees of the said ferry, or his or their agent, for the sum of ten
dollars per annum, and in the same proportion for eight months,
for each person so compounding for the privilege of passing
across the said ferry in steamboats, common barges and sail




FERRIES.                                   717
boats; and if they or either of them shall refuse or neglect to
compound with any of the residents or inhabitants as aforesaid,
on his or their application in writing, delivered in person, or
left at the place of residence of the said lessee or lessees, or his
or their agent, the party aggrieved, after the expiration often
days, shall and may recover the sum of twenty dollars, to and Penalty.
for his or her own use, with costs of suit, from the said lessee or
lessees, or his or their agent, or from the person or persons taking
ferriage at the said ferry, in any court having cognizance of the
same.
III. Anzd be it further enacted, That the sailboat and common JFryo tubbarge establishment shall be conducted and continued agree- act of April
ably to the directions and provisions of the act, entitled " An act & w. voi. I,
to reduce several laws relating particularly to the city of New     etse,.
York into one act," passed April 9th, 1813; and that every
article carried across the said ferry in the said steam ferry boats,
which is not carried in wagons, carts or sleighs, shall, if not
otherwise exempted, be charged such rates and prices as are
specified in and by the said act, anything herein to the contrary
notwithstanding.
IV. And be it further enacted, That the mayor, aldermen and Certain po,
commonalty, in common council convened, shall have power to the corpo
and authority to make and pass such by-laws, or ordinances, as York.
to them shall fromn time to time seem  meet and proper, to restrain and prohibit the mooring or anchoring of any ships, or
other vessels, at such place or places as will crowd or interfere
with the steam ferry boat or boats, in their passage across the
East river, from the said city of New York to Brooklyn, aforesaid,
and from Brooklyn to the said city, and to impose such reasonable fines and penalties upon the owner, consignee, master,
pilot, or other person having charge of such ships or other vessels,
respectively, for the violation of the said by-laws or ordinances,
as by them shall be deemed proper.
1815.  CHAPTER  CLIV.
AN ACT authorizing the Corporation of New York to erect Ferryhouses of wooden materials within the said City.-Passed April
11, 1815.
Whereas, The mayor, aldermen and commonalty of the city of
New York have, by their memorial presented to the legislature,
prayed that they may be authorized to construct ferry-houses of
wooden materials within part of the said city within which,buildings are required to be constructed with brick or stone.




718              ACTS RELATING TO THE CITY OF NEW  YORK.
And whereas, it does not appear to the legislature that any inconvenience or danger will arise from granting the prayer of the
said memorialists: Therefore,
Be it enacted by the People of the State oj New  York, represented
in Senate and Assembly, That the mayor, aldermen and commonalty of the city of New York be, and they hereby are, authorized
to cause such wooden buildings as they may deem  proper for
ferry-houses to be constructed upon the wharfs or streets adjoining any or either of the present or future ferries from the
said city to Long Island, Staten Island or New Jersey, any law
to the contrary thereof in any wise notwithstanding.
1822.-CHAPTER  CCXLI.
AN  ACT to regulate the Public Ferries between the city of New
York and the Island of Nassau.-Passed April 17, 1822.
Penalty for  I. Be it enacted by the People of the State of New York, repredetaining
pasengers. sented in Senate and Assembly, That the ferry masters or owners
of the ferry boats on the public ferries between the city of New
York and the Island of Nassau shall be liable to a penalty of
five dollars, for a longer detention of passengers than is now allowed by law, to be sued for and recovered within three days
from the time of such detention, with costs of suit, before any
justice of the peace, or court having cognizance thereof, one
moiety, when recovered, to be paid to the overseers of the poor
of the city or town where the same shall be recovered, for the
use of the poor thereof, and the other moiety to the person who
roviso.   will sue for the same: Provided, That no such penalty shall be
recovered in case the wind, weather, or ice, shall render the
crossing of the river dangerous or very difficult at the time complained of, nor shall it apply to any cases of detention by accidents or casualties, nor unless a passage was demanded, and
neglected or refused at the time complained of.
oats noty t   II. And be it further enacted, That if the ferry masters or
in any other owners of any ferry boats on the aforesaid public ferries shall
business. suffer the same to be employed in any other business than from
ferry stairs to ferry stairs, except to relieve vessels in distress,
said vessels being at the time in the East river, east of Governor's Island, and west of Catharine street ferry, they shall be
liable for every offense to a penalty of fifty dollars, to be recovered at the suit of the overseers of the poor of the city of
New York, or of the town of Brooklyn, which ever first shall
sue for the same, before any court having cognizance thereof, for
the use of the poor of the said city or town aforesaid.




FERRIES.                                719
1S45.  CHAPTER CCCLII.
AN ACT to establish and regulate Ferries between the City of New
York and Long Island.-Passed May 14, 1845, by a two-third
vote.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. Three disinterested persons shall be appointed by the Three comgovernor of this state, from a county or counties other than the to be apcounties of New York, Kings, Queens, Suffolk and Richmond, rant dlicenas commissioners, who, or a majority of whom, shall have power S'
to grant licenses for establishing and keeping so many ferries,
and at such places as, in their opinion, the public convenience
may require, between the city of New York and Long Island;
and the said commissioners, or a majority of them, may grant
such license to any person or persons deemed by them suitable
to conduct the same; but they shall not grant a license for any
ferry or ferries which shall interfere with the rights, franchises or
privileges of the mayor, aldermen and commonalty of the city of
New York, in and to any ferries already established, nor for a
longer period, at any one time, than ten years.
SEC. 2. The said commissioners shall hold their offices for T"ur of
two years, and until others shall be appointed in their places
and be duly qualified, and shall receive for their compensation
three dollars per day, while they shall be engaged in the discharge of their duties.
SEC. 3. The said commissioners, before entering upon the To take
oath.
duties of their office, shall respectively take the oath prescribed
by the constitution of this state, before any officer authorized to
administer the same.
SEC. 4. Whenever the grantee or grantees of any such ferry Prpion
or ferries shall not own or be entitled to the use of the wharfs, landing
placesdin
slips, landing-places, adjacent grounds, or other property, at certain
either or-both extremities of such ferry or ferries, which may be'cas
required, and  determined  by the  said commissioners, or a
majority of them, to  be necessary for the  accommodation
thereof, the said grantee or grantees shall notify the persons or
corporations owning the same, or interested therein, or their
agents or legal representatives, that the same are so required
and determined to be necessary; and the said grantee or grantees
shall thereupon treat with such owners or persons interested, for
the same, and for the rent or compensation to be paid therefor;
and if such owners or persons interested shall refuse so to treat,
or the parties shall be unable to agree in relation thereto, the
said grantee or grantees shall apply in writing to the vice-chancellor of the second circuit, to issue a precept under his hand




720               ACTS RELATING TO THE CITY OF NEW  YORK.
and seal to the sheriff of the county of Westchester, who shall
thereupon issue such precept, commanding said sheriff to summon and return a jury of twelve men from the said county of
Westchester, to be named in said precept, to appear before the
said vice-chancellor, at such time and place as he may deem
proper, to inquire and assess the damage and recompense which
ought to be paid to such owners or persons so interested as
aforesaid, for the use of such wharfs, slips, landing-places,
grounds or other property, and at the same time to summon
such owners or persons interested, or their agents or legal
representatives, by notice to be served personally, or left at their
usual place of abode, or served in such other way as the said
vice-chancellor may direct, to appear before said vice-chancellor at the time and place therein mentioned; and the said jury
shall be sworn faithfully to inquire and assess such damage and
recompense; and having viewed the premises, if the said vicechancellor shall deem such view to be necessary, shall assess the
damages and recompense to be awarded to the owners or persons interested in  such premises, according to their several
interests or estates therein, and the said vice-chancellor may
thereupon render judgment confirming the same, or may set it
aside and award a new  trial.  The verdict of such jury, and
judgment of the said vice-chancellor thereupon, and the payment by the said grantee or grantees, within sixty days after
final judgment, of the sum or sums of money so awarded, or the
tender and refusal thereof, shall be conclusive and binding upon
such owners and persons interested; and the estate of such
owners and persons interested shall thereupon vest in such
grantee or grantees, for the term of such license or grant, who
may then cause the said premises to be converted to and used
for the purposes aforesaid. The said vice-chancellor shall have
power to adjourn such proceedings before him, for such time or
times as in his opinion justice may require.
General pro   SEC. 5. All ferries hereafter established under this act shall be
subject to the laws of this state, already passed and now in
force, or hereafter to be passed.
Buildings  SEC. 6. The grantee or grantees of any such ferry or ferries as
may be
erocted.  shall be established under this act may cause such wood or
other buildings and erections, or accommodations, as the said
commissioners or a majority of them may deem proper, for the
purposes of said ferry or ferries, to be constructed and maintained upon the wharfs or adjacent grounds at the extremities
of said ferry or ferries, which may become vested as in them
aforesaid; and such buildings, erections, and accommodations,
shall belong to said grantee or grantees at the end of the term
for which said ferry or ferries shall be granted.
Fees of vice.  SEC. 7. The said vice-chancellor shall receive five dollars for
every day he shall be employed in his duties under this act,




FERRIES.                                721
which, together with the fees and expenses of every kind incident to said proceedings, shall be paid by the grantee or grantees of said ferry or ferries.
SEC. 8. The sheriff and witnesses in such proceedings shall Of Sherif
and  witreceive the like fees as are now provided by law in cases pend- nesses.
ing in the supreme court of this state, and the jurors shall
receive each two dollars per day.
SEC. 9. In order to enable the legislature of this state from Ann"ual r,
time to time to regulate the rates of ferriage, it shall be the made.
duty of the owners or superintendents of all ferries which shall
be established under this act, between New  York and Long
Island, whether owned or held by private persons, or bodies
politic and corporate, to make annual returns under oath, to the
comptroller of this state, of the amount of the tolls and ferriage
received at their said respective ferries during the preceding
year, and also of the expenses attending the conduct and management thereof, and of the amount of capital employed therein, on pain of forfeiting their leases or licenses on failure so
to do.
SEC. 10. Nothing herein contained  shall be construed to Saving
clause.
annul, impeach, or in any wise impair the rights of the mayor,
aldermen, and commonalty of the city of New York, and their
lessees, their executors, administrators and assigns, of, in or to
any ferry or ferries heretofore established by them, or of, in or
to the rents reserved in any lease of any such ferry or ferries,
or of, in or to any other private benefits, emoluments or advantages incident to the same, or arising therefrom; and nothing
herein contained shall be construed to supersede or annul the
privileges, powers and emoluments of a private nature, which
have been granted to the corporation of the city of New York,
by charters and legislative acts.
SEC. 11. All provisions in charters and legislative acts, confer- RPe.
ring public powers and privileges upon the corporation of the
city of New York, which are inconsistent with or repugnant to
the provisions of this act, so far as such powers remain unexecuted by the said corporation, are hereby repealed.
46




FINANCES OF THE CITY.
112. -CHAPTER XCIX.
AN ACT to regulate the Finances of the city of Neu York.-Passed
June 8, 1812.
Whereas, the mayor, aldermen, and commonalty of the city
of New York have, by their memorial to the legislature, represented that, by reason of the great expenses which they have
incurred in the erection of public buildings in the city of New
York, in the purchase of grounds for public purposes, in the
opening, enlarging, and  improving streets, in constructing
wharfs and piers, and in consequence of various other improvements of a permanent nature in the said city, they have found
the ordinary revenues of the corporation altogether inadequate
to meet the demands which those expenses have produced, and
that they have, therefore, from time to time, been obliged to
raise money by bonds under their corporate seal to defray some
of those expenses, and have also given other bonds as a security
for the payment of the residue thereof, representing further,
that for the purpose of carrying into operation the plan, which
has lately been made by the commissioners appointed by an act
of the legislature, for laying out the said city in streets, avenues,
and public squares, a sum of money will become requisite, which
they despair of being able to raise without legislative interference
in their behalf; and praying that the legislature may pass an
act permitting them to fund their present debt and provide for
their future exigencies, by creating a stock not exceeding nine
hundred thousand dollars.  And, whereas, the prayer of said
memorial appears reasonable, and is the more especially proper
to be granted, inasmuch as the interest of the state at large is
intimately connected with the prosperity and improvement of
the city of New York, and that prosperity and improvement
essentially depend upon and will b-e materially increased by a
permanent arrangement of the finances of this city, and thus
establishing the credit of the corporation on a solid basis:
therefore,
I. Be it enacted by the People of the State of New Yorkc, represented
in Senate and Assembly, That it shall and may be lawful to and
for the mayor, aldermen, and commonalty of the city of New
York, as soon as conveniently may be after the passage of this
act, to create a public fund or stock, not exceeding niie hundred thousand dollars, and to be denominated "the New York
city stock," and that a proper book or books for receiving sub



FINANCES OF THE CITY.                           723
scriptions to the said fund be opened at such times and places
as the common council of the said city may, from time to time,
direct and prescribe, to continue open each time so long as the
said common council may direct, and until such sum as they
shall direct shall be subscribed for: Provided, that all the sums
so subscribed for shall not exceed in the whole the sum of nine
hundred thousand dollars; and the sums which shall be subscribed thereto, be payable at such times and places, and in
such manner as shall, for that purpose, be prescribed by ordinances or resolutions of the said common council, and either in
specie or current notes of any bank or banks in the said city,
or in such of the bonds of the said mayor, aldermen, and conmmonalty as may then be outstanding, according to the real value
of the said bonds, after deducting such sums or demands as the
said mayor, aldermen, and commonalty may have a legal right
to set off against the said bonds in cases where any such right
may exist.
II. And be it firther enacted, That for the said sum  so subscribed and paid, the subscriber or subscribers shall be entitled
to a certificate or certificates, signed by the comptroller of the
said city, and countersigned by such person as the common council may direct, in such form  as the common council may prescribe, for a sum or sums which shall together be equal to the
amount so subscribed and paid, and each and every such certificate to purport in substance as follows, to wit: That the
mayor, aldermen, and commonalty of the said city owe to such
subscriber or subscribers a sum, to be expressed therein, not
less, however, than one hundred dollars, bearing an interest not
exceeding seven per cent. per annum, the said interest to be
payable  half-yearly, or quarter-yearly, as the said common
council may see fit to direct, and the said principal not to be
redeemable until fourteen years after the date of such certificate.
III. And be itfarther enacted, That it shall be the duty of the
said comptroller of the said city to superintend the subscriptions to the said fund, to open books for the same, to issue the
certificates above mentioned, to enter in books, to be by him
kept for that purpose, credits to the respective subscribers for
the sums to which they shall be respectively entitled, to
transfer the said credits from time to time, as shall be requisite,
to pay the interest thereupon, as the same shall become due,
either by warrants to be prepared for the purpose, or in such
other way as may be directed by the common council of the
said city, and generally to observe and perform such directions
and regulations as shall, from time to time, be prescribed to him
by the said common council, touching the execution of his said
office.
IV. And be it frther enacted, That the said stc.k which shall
be created by virtue of this act shall be transferable only on




724              ACTS RELATING TO THE CITY OF NEW YORK.
the said books of the said comptroller, by the proprietor or
proprietors of the said stock, his, her or their attorney, for that
purpose duly qualified.
V. And be itfurther enacted, That the interest upon the said
stock, as the same shall become due, shall be payable halfyearly, on the first day of May and on the first day of November, or quarter-yearly, on the first day of May, on the first day
of August, on the first day of November, and on the first day of
February, according to the terms of the said subscription, or the
agreement between the parties, and the certificate aforesaid,
unless either of the said days shall happen to be Sunday, and
in such case the interest shall be payable the next day.
VI. And be itfirther enacted, That the persons entrusted by
the common council with the execution of this act shall, before
they enter on the duties imposed upon them, become bound in
such sureties, and to such amount, as shall be satisfactory to
the said common council, conditioned for the faithful execution
of the said duties entrusted to them.
VII. And be it further enacted, That nothing in this act contained shall be construed, in any wise, to abridge or impair the
rights of those persons who now hold bonds of the said mayor,
aldermen, and commonalty of the city of New York, who shall
not subscribe to the said stock.
VIII. And be it further enacted, That the certificates to be
issued, in manner aforesaid, though not under the common seal
of the said mayor, aldermen, and commonalty of the said city,
shall be binding and obligatory upon the said corporation, in
like manner, and with like force and effect, as though the same
were issued under the said common seal.
IX. And be it further enacted, That the faith of the said mayor,
aldermen, and commonalty of the city of New York shall be
pledged for the final redemption and payment of the stock,
which shall or may be created, pursuant to the provisions of
this act, and that all and singular the revenues of the said
mayor, aldermen and commonalty shall be, and they are hereby,
pledged and appropriated for the payment of the interest which
shall become due on the said stock, and shall continue so
pledged until the final redemption of the said stock; and that,
in case the said revenues be not sufficient to satisfy and pay the
whole of the said interest, then, and in that case, the faith of
the state shall be, and the same is hereby, pledged to pass such
act and acts as shall from time to time be necessary, authorizing the mayor, recorder and aldermen of the said city to raise
by tax, on the estates, real and personal, of the freeholders and
inhabitants of and situate within the said city, such sum and
sums of money as shall and may be requisite to supply any
and every sucht deficiency.




FINANCES OF THE CITY.                           725
1820.-CHAPTER  CI.
AN ACT authorizing the Mayor, Aldermen, and Commonalty cf
the city of New YorlJ to create a Public Stock.-Passed March
24, 1820.
Be it enacted by the People of the State of Nczw York, represented A ltoC  of
in Senate and Assembly, That it shall bs lawful for the mayor, be created.
aldermen, and commonalty of the city of New York to create a
public fund or stock, not exceeding four hundred thousand dollars, in addition to the sum authorized to be created in and by
the act, entitled " An act to regulate the finances of the city of
New  York," passed June 8, 1812, which said stock shall be
denominated " The New York City Stock," and shall bear an
interest not exceeding six per cent. per annum, which shall be
paid quarter-yearly: Andfutrther, That all the provisions of the
said act, which are not herein otherwise provided for, shall have
the same force and effect, to all intents and purposes, relative to
the stock hereby authorized to be created which they would
have had provided the said act had been incorporated with and
made part of this act: Provided, always, That nothing herein Proviso.
contained shall be so construed as to deprive the holders of
stock, created by said act, of any lien which they are entitled
to by said act, upon the revenues of the said mayor, aldermen,
and commonalty.
1826. -CHAPTER XCIII.
AN ACT authorizing the Corporation of the city of New York to
create a Public Stock.-Passed March 28, 1826.
I. Be it enacted by the People of the State cf New York, represented o creato 
in Senate and Assembly, That it shall be lawful for the mayor, $700,0o0.
aldermen, and commonalty of the city of New York, from time
to time, as they may find it expedient, to create a public fund
or stock, not exceeding in the whole the sum of seven hundred
thousand dollars, in addition to the sum authorized to be created
in and by the act, entitled A An act to regulate the finances of
the city of New York," passed June 8th, 1812, and the act of
March 24th, 1820, increasing the same; which said stock shall Rat of ibe denominated " The New York City Stock," and shall bear an
interest not exceeding five per cent. per annum, which shall be
paid quarter-yearly: Andfurther, That all the provisions of the Provisions o
said act, which are not herein otherwise provided for, shall have applied.
the same force and effect, to all intents and purposes, relative
to the stock hereby authorized to be created, which they would
have had provided the said act had been incorporated with and
made part of this act: Provided, always, That nothing herein Proviso.
contained shall be so construed as to deprive the holders of the




726              ACTS RELATING TO THE CITY OF NEW YORK.
stock, created by said acts, of any lien which they are entitled
to by said acts, upon the revenues of the said mayor, aldermen,
and commonalty.,o  reimburse mo   II. And be it farther cnatecd, That the said corporation shall
oye. bor- apply the moneys, to be raised under and by virtue of this act,
to the reimbursement of the moneys borrowed under the act
passed June 8, 1S12, and to no other purposes whatsoever.
1828.-CHAPTER  CCLXXXV.
AN\ ACT to enzable the Mayor, Aldermen, and Commonalty of the
city of New York to raise Mioney by a Tax, and for other Purposes.-Passed April 19, 1828.
The People of the State of New York, represented in Senate and
Assembly, do enact as ~ollows:
[SECTIONS 1 and 2 obsolete.]
Debt to be  SEC. 3. It shall and may be lawful for the said mayor, alderfunded.
men, and commonalty of the city of New  York to create a
public fund or stock, to an amount not exceeding the sum  of
two hundred thousand dollars, in the like manner and upon the
like terms as are contained and mentioned in the act, entitled
" An act authorizing the corporation of the city of New York
to create a public stock," passed March 28, 1826 (excepting as
hereinafter is provided), the proceeds of which said fund or
stock shall be applied to pay the debt due to the state for the
purchase of the state prison in that city; towards reimbursing
the expenditures of the said corporation for lands purchased or
filled in by them for market places in the said city; and towards
the expenses of such buildings, or alterations of buildings, as
may become necessary to be erected and made upon the discontinuance of the present jail and bridewell now standing in the
park of the said city.
Stck how e SEC. 4. 4Notwithstanding  the provisions contained in  the
aforesaid act of March 28, 182S6, or in the acts therein referred
to, it shall be.lawful for the said corporation to direct that the
stock or fund therein and herein authorized shall be taken up,
issued, or sold in the usual manner, by offers or sealed proposals;
which offers or proposals may be received by such person or
persons, at such time or times, and place or places, as the said
corporation shall prescribe; and the moneys arising therefrom
shall be paid to the treasurer or chamberlain of the said city,
to be used and applied by the said corporation, according to
the provisions of the act or acts creating or authorizing such
stock.




FINANCES OF THE CITY.                           72 
1836.-CHAPTER  CCLV.
AN  ACT to authorize the Mayor, Aldermen, and Commonalty of
the city of New York to raise Money by Loan, and to create a
Public Fund or Stock, to be called " The Public Building Stock
of the city of New York.'"-Passed May 6, 1836.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. It shall be lawful for the mayor, aldermen, and corn- Publi build.
monalty of the city of New York to raise, by loan, from  time
to time, and in such amounts as they may think fit, a sum not
exceeding five hundred thousand dollars, by the creation of a
public fund or stock, to be called " The Public Building Stock
of the city of New York," which shall bear an interest not
exceeding five per cent. per annum, and shall be redeemable at
a period of time not less than ten, nor more than twenty years
from and after the passage of this act.
SEC. 2. It shall be lawful for the said mayor, aldermen, and Shares.
commonalty to determine what shall be the nominal aimount or
value of each share of the said stock, and of what number of
shares the same shall consist; and they are hereby authorized
to sell and dispose of such shares at or above the par value
thereof, either at public auction or private sale, or to raise the
said sum of money by subscription for such stock, in the mode
in which the stocks of banking and insurance companies are
usually subscribed for.
SEC. 3. The provisions of the act, entitled "An act to regu- Act of 131.
late the finances of the city of New York," passed June 8th,
1812, which are not repugnant to, or incompatible with, any
provision in this act contained, shall apply to the said stock.
SEC. 4. The moneys to be raised by virtue of this act shall be Moneys,
applied and expended to and for the purpose of erecting and applied.
completing such public buildings and improvements, in the city
of New  York, as may be determined upon by the common
council of the said city.
SEc. 5. The buildings included in the establishment called the Propery
alms-house, at Bellevue, together with all the lots of land and
water rights attached thereto, except such water rights and lots
as the corporation of the city may reserve for public purposes,
are hereby pledged for the payment of the debt hereby to be
created.  And whenever any of the said buildings, lots or water
rights at Bellevue shall be sold, leased or rented, the proceeds,
and the revenue accruing therefrom, shall be applied to the payment of the principal and interest of said debt, until the same
shall be finally paid and extinguished.




728              ACTS RELATING TO THE CITY OF NEW YORK.
183S.-CHAPTER CCXXI.
AN ACT authorizing the Mayor, Aldermen, and Commonalty of
the City of New York to raise Money by Loan, and to create a
Public Fund or Stock, to be called " The Fire Indemnity Stock
of the City of New York.-Passed April 14, 1838.
Thle People of the State of New York, represented in Scnate and
Assembly, do enact as follows:
Loan  of  SEC. 1. It shall be lawful for the mayor, aldermen, and combe raised. monalty of the city of New York to raise by loan, from  time
to time, a sum of money not exceeding six hundred thousand
dollars, by the creation of a public fund or stock, to be called
"The Fire Indemnity Stock of the City of New  York," which
shall bear an interest not exceeding five per cent. per annum,
and shall be redeemable at a period not less than ten nor more
than thirty years from and after the passage of this act.
Shares.    SEc. 2. It shall be lawful for the said mayor, aldermen, and
commonalty to determine what shall be the nominal amount or
value of each share of the said stock, and they are hereby
authorized to sell and dispose of such shares at public auction
or at private sale, or to raise the said sum  of money by subscription, for such stock.
Mooney, how   SEC. 3. The moneys to be raised by virtue of this act shall be
iieda.   applied to and expended in paying  the damages already
recovered and that may hereafter be recovered against the mayor,
aldermen, and commonalty of the city of New York, by reason
of the blowing up and destruction of the sundry buildings in
said city during the continuance of the great fire in said city, in
December, 1S35, and the expenses attending such recoveries;
and the amount of money to be raised by virtue of this act is
hereby limited to the amount of such recoveries and expenses,
if the same shall be less than six hundred thousand dollars.
1840.-CHAPTER CCCXXVII.
AN ACT authorizing the Mayor, Aldermen, and Commonalty of the
City of New York  to fiund and pay the old Floating Debt of
the said City.-Passed May 14, 1840.
The People of the State of Niew York, represented in Senate and
Assembly, do cnact as follows:
Tax to ob   SEC. 1. The mayor, recorder, and aldermen of the city of
raised to pay
floating   New York, as the supervisors thereof (of which the mayor or
recorder shall be one), are hereby authorized and empowered to
order and cause to be raised by tax, on the estate, real and per



FINANCES OF THE CITY.                           729
sonal, of the freeholders and inhabitants of, and situated within
the said city, and to be collected in addition to the ordinary
taxes, yearly and every year, such sum, not exceeding two hundred thousand dollars in any one year, as, in their discretion, shall
be deemed necessary to pay of and liquidate the floating debt of
the city, contracted before the first of January, 1840, and the
interest thereof, or the principal and interest of the debt by
this act authorized to be contracted, for the purpose of paying
off or liquidating the aforesaid floating debt.
SEC. 2. It shall be lawful for the mayor, aldermen, and corn- Locan to e
monalty of the city of New York to borrow, on the plede ofbalance of
the taxes by this act authorized, and the credit of the city, a debt.
sum not exceeding four hundred thousand dollars, to be applied
exclusively to the payment of the floating debt of the said city,
contracted before the first day of January, 1840.  Such sum
may be borrowed either by issuing bonds for any term  not
exceeding seven years, or by a stock issued in the same manner,
and subject to the same provisions as are provided by law, in
relation to the water stock of the said city, tobe redeemed by
installments or otherwise, within the period of seven years.
1S45.-CHIAPTER  CCLIII.
AN ACT to authorize the Mayor, Aldermen, and Commonalty of the
City of New York to raise Money by Loan, and to create a Public
Fund or Stock, to be called " Butildingo Loan Stock, No. 2."Passed May 13, 1845, by a two-third vote.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. It shall be lawful for the mayor, aldermen, and con- Loan of
monalty of the city of New York to raise by loan, from time to may be
time, and in such amounts as they may think fit, a sum not ex- raised
ceeding one hundred and fifty thousand dollars, by the creation
of a public fund or stock, to be called " Building Loan Stock,
No. 2," which shall bear an interest not exceeding six per centum  per annum, and shall be redeemable as follows: Fifty
thousand dollars thereof in the year one thousand eight hundred and forty-nine, and fifty thousand dollars thereof in every
year thereafter, until the whole sum is redeemed.
SEC. 2. It shall be lawful for the said the mayor, aldermen, Nominal
value of
and commonalty of the city of New  York to determine the stock.
nominal amount or value of each share of the said stock, and of
what number of shares the same shall consist; and they are
hereby authorized to sell and dispose of the same, at or above
the par value thereof, either at public auction or private
sale.




730              ACTS RELATING TO THE CITY OF NEW  YORK.,Poney, how   SEC. 3. The money to be raised by virtue of this act, shall be
applied  to and expended  for the following purposes, viz.:
erecting nursery and alms-house buildings, and also an iron
fence around Stuyvesant square, if the mayor, aldermen, and
commonalty shall, by ordinance or resolution, direct such fence
to be made.
SEC. 4. In order to redeem  the said loan hereby authorized,
with the interest thereon, the mayor, recorder, and aldermen of
the city and county of New York, as the supervisors thereof
(of which the mayor or recorder shall be one), are hereby
authorized and empowered to order and cause to be raised, by
tax, on the estate, real and personal, of the freeholders and inhabitants of, and situated within the said city, and to be collected in addition to the ordinary taxes yearly, and every year,
until the whole sum shall be redeemed, sucl sum as is recuired
by the first section of this act, with the interest thereon.
1S46.-CHAPTER  CCXC.
AN ACT to authorize the Mayor, Aldermen, and Commonalty of
the City of New York to raise Mioney by Loan, and to create a
Public Fund or Stock, to be called " Btlilding Loan Stock, No. 2."
-Passed May 13, 1846, by a two-third vote.
The People of the State of New York, represented in Senate and
Assembly, do enact as Jbllows:
A loan of    SEC. 1. It shall be lawful for the mayor, aldermen, and com21, b   monalty of the city of New York to raise by loan, from time
ad'le.   to time, and in such amounts as they may think fit, a sum  not
exceeding two hundred and fifty thousand dollars, by the creation of a public fund or stock, to be called " Building Loan
Stock No. 2," which shall bear an interest not exceeding six
per centumr  per annum, and shall be redeemable as follows:
Fifty thousand dollars in the year one thousand eight hundred
and fifty-two, and fifty thousand dollars thereof in every year
thereafter, until the whole sum is redeemed.
value of   SEC. 2. It shall be lawful for the said mayor, aldermen, and
commonalty of the city of New York to determine the nominal
amount or value of each share of the said stock, and of what
number of shares the same shall consist; and they are hereby
authorized to sell and dispose of the same, at or above the par
value thereof, either at public auction or private sale.
Money, how   SEC. 3. The money-to be raised by virtue of this act shall be
to ba applied.    applied to and expended for the following purposes, viz.: erecting nursery and alms-house buildings, and also an iron fence
around Stuyvesant square.




FINANCES OF THE CITY.                          731
SEC. 4. In order to redeem  the said loan hereby authorized, taobe rho
with the interest thereon, the mayor, recorder, and aldermen of demed.
the city of New York, as the supervisors thereof (of which the
mayor or recorder shall be one), are hereby authorized and
empowered to order and cause to be raised by tax, on the
estate, real and personal, of the freeholders and inhabitants of
the city and county of New York, and situated within'the said
city, and to be collected in addition to the ordinary taxes yearly
and every year, until the whole sum  shall be redeemed, such
sum as is required by the first section of this act, with the
interest thereon.
1850.-CHAPTER  CCLXXXIX.
AN ACT to authorize the Mayor, Aldermen, and Commonalty of
the City of New York to raise Seventy-five Thousand Dollars
by Loan, and tofiund the samefor the Erection of a W/ork-house.
-Passed April 10, 1850, " three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact asfollows:
SEC. 1. It shall be lawful for the mayor, aldermen, and corn- Ioney may
monalty of the city of New York to raise by loan a sum not
exceeding seventy-five thousand dollars, by the creation of a
public fund or stock, which shall bear an interest of not exceeding six per cent. per annum, and shall be redeemable in the year
1870.
SEC. 2. It shall be lawful for the mayor, aldermen, and com- NunbrT
monalty to determine what shall be the nominal amount or
value of each share of said stock, and of what number of shares
the same shall consist; and they are hereby authorized to sell
and dispose of such shares at public auction, or at private sale,
or by subscription for such stock, and on such terms as they
shall think proper.
SEC. 3. The moneys to be raised by virtue of this act shall be
applied and expended to and for the purpose of building or
erecting a work-house building or buildings within the county
of New York.
SEC. 4. It shall be lawful for the board of supervisors of the
city and county of New York, and they are hereby authorized
and empowered, to order and cause to be raised, by tax on real
and personal estate subject to taxation in the said city, a sum in
addition to such sums as may be directed by law to be raised by
tax in said city, sufficient to discharge the interest of any loan
or loans which may be made under this act.
SEC. 5. This act shall take effect immediately.




732              ACTS RELATING TO THE CITY OF NEW  YORK.
1851.-CHAPTER  CCXXXI.
AN  ACT to authorize the AMayor, Aldermen, and Commonalty of
the City of New  York to raise Money by Loan, and to create a
Public Fund or' Stock, to be called " The New York City five per
cent. Stock, jbr Docks and Slips."-Passed June 20, 1851,
" three-fifths being present."
The People of the State of New  York, represented ill Senate and
Assembly, do enact as follows:
Loan, how    SEC. 1. It shall be lawful for the mayor, aldermen, and conmmonalty of the city of New York, to raise by loan, from time
to time, and in such amounts as they mlay think fit, a sum not
exceeding five hundred thousand dollars, by the creation of a
public fund or stock, to be called " The New York city five per
cent. stock, for docks and slips," which shall bear an interest
not exceeding five per centum per annum, and shall be redeemable as follows: Fifty thousand dollars thereof in the year one
thousand eight hundred and sixty-seven, and fifty thousand dollars thereof in every year thereafter until the whole sum  is
redeemed: Provided, however, That it shall not be lawful for the
said mayor, aldermen, and commonalty to issue of said stock,
during the year one thousand eight hundred and fifty-one, an
amount exceeding the sum of three hundred thousand dollars,
and during the year one thousand eight hundred and fifty-two,
an amount exceeding the sum of two hundred thousand dollars,
and that the proceeds of the stock hereby authorized shall be
used for no other purposes than those authorized by this act.
Valueof   SEC. 2. It shall be lawful for the said the mayor, aldermen,
and commonalty of the city of New  York to determine the
nominal amount or value of each share of the said stock, and of
what number of shares the same shall consist, and they are
hereby authorized to sell and dispose of the same at or above
the par value thereof, either at public auction or private sale.
Money, how   SEC. 3. The money to be raised by virtue of this act shall be
applied to and expended for the purpose of building and repairing public docks and' slips in said city.
Tax to re-  SEC. 4. In order to redeem the said loan hereby authorized,
deem loan. with the interest thereon, the mayor, recorder, and aldermen of
the city and county of New York, as the supervisors thereof (of
which the mayor or recorder shall be one), are hereby authorized and empowered to order and cause to be raised, by tax
on the estate, real and personal, of the freeholders and inhabitants of and situated within the said city, and to be collected, in
addition to the ordinary taxes, yearly and every year until the
whole sum shall be redeemed, such sum as is required by the
first section of this act, with the interest thereon.
SEC. 5. This act shall take effect immediately.




FINANCES OF THE CITY.                          733
1851.-CHAPTER CCCIV.
AN ACT to authorize the Mayor, Aldermen, and Commonalty oj the
City of New York to raise Money by Loan, and to create a Public Fund or Stock, to be called " Public Building Stock, No. 3."
-Passed June 28, 1851, " three-fifths being present."
Th/e Pcople of the State of New  York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. It shall be lawful for the mayor, aldermen, and corn- stokt 
monalty of the city of New York to raise by loan, from time to
time, and in such amounts as they may think fit, a sum not exceeding five hundred thousand dollars, by the creation of a public fund or stock, to be called " Public Building Stock, Number
three," which shall bear an interest not exceeding five per
centumi per annum, and shall be redeemable as follows: Fifty
thousand dollars thereof, in the year one thousand eight hundred
and fifty-seven, and fifty thousand dollars thereof in every year
thereafter, until the whole sum is redeemed: Provided, however,
That it shall not be lawful for the said mayor, aldermen, and
commonalty to issue of said stock, during the year one thousand
eight hundred and fifty-one, an amount exceeding the sum of one
hundred and fifty thousand dollars; during the year one thousand
eight hundred and fifty-two, an amount exceeding the sum of
one hundred and fifty thousand dollars; during the year one
thousand eight hundred and fifty-three, an amount exceeding the
sum of one hundred thousand dollars, and during the year one
thousand eight hundred and fifty-four, an amount exceeding the
sum of one hundred thousand dollars; and the proceeds of the
stock hereby authorized shall be used for no other purposes than
those authorized by this act.
SEC. 2 It shall be lawful for the said the mayor, aldermen, alue of
and commonalty of the city of New York to determine the nominal amount or value of each share of the said stock, and of what
number of shares the same shall consist, and they are hereby
authorized to sell and dispose of the same at or above the par
value thereof, either at public auction or private sale.
SEC. 3. The money to be raised by virtue of this act shall be Money, how
applied to reimbursing the city treasury the amount already expended therefrom for the erection of public buildings insaid city,
and to the erection of such additional public buildings as may
from time to time be required for the use of said city.
SEC. 4. In order to redeem  the said loan hereby authorized, Redemption
with the interest thereon, the mayor, recorder, and aldermen of f loan.
the city and county of New York, as the supervisors thereof (of
which the mayor or recorder shall be one), are hereby authorized
and empowered to order and cause to'be raised, by tax on the




734              ACTS RELATING TO THE CITY OF NEW YORK.
estate, real and personal, of the fieeholders and inhabitants of
and situated within the said city, and to be collected, in addition
to the ordinary taxes, yearly and every year until the whole sum
shall be redeemed, such sum as is required by the first section of
this act, with the interest thereon.
SEC. 5. This act shall take effect immediately.
iS52.-CIHAPTER CCCXCVII.
AN A CT to authorize the Mayor, Aldenrmen, and Commonally of tte
city of New York to issue Assessment Bonds.-Passed April 16,
18S5, " three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Arount b   SEC. t. It shall be lawful for the mayor, aldermen, and comissued and monalty of the city of New York to borrow, from time to time,
ttest.  by the issue of bonds, bearing such rates of interest as they
may deem  proper, not exceeding seven per cent. per annum,
such sums as may be necessary to pay all expenses incurred, or
to be incurred, on account of regulating and paving streets,
building sewers, and all other work ordered to be done by contract, under and by virtue of ordinances passed by the said mayor,
aldermen, and commonalty; the expense whereof is to be afterwards collected by assessment from the property benefited by
said work or works; but no moneys shall be paid out of the
proceeds of said bonds, on account of any such contract, until a
copy of said contract has been filed with the comptroller of said
city by the head of the department having such work in
charge; also, a certificate, in writing, fiom  the head of such
department, stating that a payment is due, and the amount of
said payment.
Duty ofU con-  SEC. 2. Immediately upon the passage of this act, it shall be
mon councl  r
the duty of the common council of said city to pass such ordinances or laws as may be necessary to carry the same into
effect.
SEC. 3. This act shall take effect immediately.




FINANCES OF THE CITY.                           735
1853.-CHAPTER  CXCI.
AN  ACT to authorize the Mayor, Aldermen, and Commonalty of
the City of New York to raise Seventy-Jive Thousand Dollars by
Loan, and to fund the same for the Erection of the South Wing of
the Work-house at Blackwell's Island.-Passed April 12, 1853,
"three-fifths being present."
The People of the State of Nrew York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. It shall be lawful for the mayor, aldermen, andC comr- Loan.
monalty of the city of New York to raise, by loan, a sum  not
exceeding seventy-five thousand dollars, by the creation of a
public fund or stock, which shall bear an interest not exceeding six per cent. per annum, and shall be redeemable in the
year one thousand eight hundred and seventy-three.
SEC. 2. It shall be lawful for the mayor, aldermen, and corm- Nlume sha
monalty to determine what shall be the nominal amount orof stock
value of each share of said stock, and of what number of shares
the same shall consist; and they are hereby authorized to sell sl at aucand dispose of such shares at public auction or at private sale,
or by subscription for such stock, and on such terms as they
shall think proper.
SEC. 3. The money to be raised by virtue of this act shall be Apphcatioo
applied and expended to and for the purpose of building or nY raised.
erecting the south wing of the work-house building on Blackwell's Island, in the city and county of New York.
SEC. 4. It shall be lawful for the board of supervisors of the ased by
city and county of New York, and they are hereby authorized tax.
and empowered, to order and cause to be raised, by tax on real
and personal estate subject to taxation in the said city, a sum,
in addition to such sums as may be directed by law to be raised
by tax in said city, sufficient to discharge the interest of any
loan or loans which may be made under this act.
SEc. 5. This act shall take effect immediately.




736              ACTS RELATING TO THE CITY OF NEW YORK
IS54.-CHAPTER  CCCXIII.
AN ACT to authoriz te the Mayor, Aldermen, and Commonalty of
the City of New York, to raise Forty Thousand Dollars by Loan,
and to Fund the same for the Erection of the South tWing
of the WVorkc-louse at Blackwell's Island.-Passed April 15,
1854, " three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Loans.     SEC. 1. It shall be lawful for the mayor, aldermen, and commonalty of the city of New York to raise, by loan, a sum not
exceeding forty thousand dollars, by the creation of a public
fund or stock, which shall bear an interest not exceeding six per
cent. per annum, and shall be redeemable in the year one thousand eight hundred and seventy-three.
SaeIofstock.  SEC. 2. It shall be lawful for the mayor, aldermen, and commonalty, to determine what shall be the nominal amount or
value of each share of said stock, and of what number of shares
the same shall consist; and they are hereby authorized to sell
and dispose of such shares at public auction, or at private
sale, or by subscription for such stock, and on such terms as
they shall think proper.
How cx-   SEC. 3. The money to be raised by virtue of this act shall be
applied and expended to and for the purpose of completing the
south wing of the work-house building on Blackwell's Island, in
the city and county of New York.
Tax to pay SEC. 4. It shall be lawful for the board of supervisors of the
loan.    city and county of New York, and they are hereby authorized
and empowered, to order and cause to be raised by tax, on real
and personal estate subject to taxation in the said city, a sum,
in addition to such sums as may be directed by law  to be
raised by tax in said city, sufficient to discharge the interest of
any loan or loans which may be made under this act.
SEC. 5. This act shall take effect immediately.




FINANCES OF THE CITY.                          737
1856.-CHAPTER CLIX.
AN ACT to authorize the Mayor, Aldermen, and Commonalty of
the City of New York to raise One Hundred and Seventy Thousand
Dollars by Loan, and to Fund the Same fbr the Rebuilding of
Tompkins Market.P-assed April ] 1, 1856, "three-fifths being
present."
The People of the State of New York, relpresented in Senate and
Assembly, do enact as follows:
SEC. 1. It shall be lawful for the mayor, aldermen, and com- AmouLt to
be  raised.
monalty of the city of New York to raise, by loan, a sum not
exceeding one hundred and seventy thousand dollars, by the
creation of a public fund or stock, which shall bear an interest
of not exceeding six per centur  per annum, and shall be
redeemable as follows: Seventeen thousand dollars in the year
one thousand eight hundred and sixty, and seventeen thousand
dollars in  every year thereafter, until the whole  sum  is
redeemed.
SEC. 2. It shall be lawful for the said mayor, aldermen, and v,[si of
commonalty of the city of New York to determine the nominal
amount or value of each share of the said stock, and of what
number of shares the same shall consist; and they are hereby
authorized to sell and dispose of the same, at or above the par
value thereof, either at public auction or private sale.
SEC. 3. The money to be raised by virtue of this act shall be Object of
applied and expended for the purpose of rebuilding Tompkins
market, and for no other..
SEC. 4. In order to redeem the said loan hereby authorized, o-w owith the interest thereon, the board of supervisors of the city
and county of New York are hereby authorized and empowered
to order and cause to be raised, by tax, on the estate, real and
personal, of the freeholders and inhabitants of the city and
county of New York, and to be collected, in addition to the
ordinary taxes, yearly and every year, until the whole sum shall
be redeemed, such sum as is required by the first section of this
act, with the interest thereon.
1859.- CHAPTER CCCCVI.
AN ACT to amend an act, entitled  An act creating a Public Fund
or Stock in the City of New York, to be called the Croton Water
Stock, and in relation to the Sinking Fund of said city," passed
May 13, 1845.-Passed April 16, 1859, "three-fifths being
present."
Whereas, the revenues set apart by and mentioned in title two
of an ordinance of the mayor, aldermen, and commonalty of the
47




738              ACTS RELATING TO THE CITY OF NEW YORK.
city of New York, entitled, "An ordinance providing for the
redemption of the city debt, and the payment of the interest
thereon," passed February twenty-second, eighteen hundred and
forty-four, being the revenues pledged and appropriated to the
payment of the interest upon the said city debt, have accumnulated after the payment of all interest provided for in said ordinance to be paid on said debt and chargeable to said sinking
fund for the payment of the interest on said debt, so that on the
first day of January, eighteen hundred and fifty-nine, they
amounted to the aggregate sum of two millions five hundred
and seventy-nine thousand five hundred and thirty-four dollars
and twelve cents;
And whereas, there is no object to which said sum  and the
accumulations which may hereafter arise from said revenues can
be applied, as no power exists by which the commissioners of
the sinking fund mentioned in said ordinance can invest said
moneys permanently;
And whereas, it is desirable that said surplus and the accumulations which may hereafter arise from said revenues, after the
payment of all interest on said debt, should be transferred to
the sinking fund for the redemption of the city debt provided
for in said ordinance; therefore,
The People oj the State of New York, represented in Senate and
Assembly, do enact as follows:
MIoneys to    SEC. 1. The commissioners of the  sinking fund of the
be transferred.   city of New York, mentioned in the ordinance of the mayor,
aldermen, and commonalty of said city, passed February twentysecond, eighteen hundred and forty-four, are hereby authorized
and empowered to transfer the sum of two millions five hundred
and seventy-nine thousand five hundred and thirty-four dollars
and twelve cents (being the surplus on the first day of January,
eighteen hundred and fifty-nine, over and above a sufficiency to
pay the interest accrued to that date) from the sinking fund for
the payment of interest on the city debt to the sinking fund for
the redemption of the city debt of the said city of New York,
and to invest the same in the manner authorized by law and
ordinances in relation to said last-mentioned sinking fund.
Ibid.      SEC. 2. On the last day of December in each and every year,
be invested. the surplus then existing in the sinking fund for the payment of
interest on the said city debt, after the payment of the interest
which may have accrued daring the year, chargeable to or
payable out of the said fund, shall be transferred to the sinking
fund for the redemption of the city debt of said city, and the
commissioners of the sinking fund of said city are hereby authorized and required to invest the surplus so transferred in the
same manner as now provided by law in respect to the revenues




FINANCES OF THE CITY.                        739
pledged to the sinking fund for the redemption of the debt of
said city.
SEC. 3. This act shall take effect immediately.
1859.-CHAPTER CCCCLXXXIX.
AN ACT to enable the Supervisors of the City and County of New
York to raise Money by Tax.-Passed April 19, 1859, " three
fifths being present."
SECTIONS 1, 2 and 4 contain the usual provisions of the tax
levy.
SECTIONS 3, 5 and 6 are as follows:
SEC. 3. The said board of supervisors are also hereby em- udgmnts
powered and required, in case of any judgment or judgments, mayor.
other than those hereinbefore mentioned, being obtained against
the mayor, aldermen, and commonalty of the city of New York,
or in case of any sum or sums of money being required to satisfy
the claim or claims of any of the members of the police force in
the city of New York, for back pay or arrearages of salary, or
legal expenses connected with such claim or claims, to direct
the comptroller of said city, on his recommendation, to issue
revenue bonds of the said city, for an amount sufficient to pay
any such judgment or judgments, claim or claims, and to order
and cause to be raised the next succeeding year, by tax on the
estates, real and personal, subject to taxation according to law,
within the said city and county, a sum not exceeding the amount
sufficient for the payment or redemption of said revenue bonds,
and interest thereon.
SEC. 5. Whenever the comptroller of the said city shall have Judgments
reason to believe that any judgments now of record against
the mayor, aldermen, and commonalty of the city of New
York, or which may hereafter be obtained against them, shall
have been obtained by collusion, or founded in fraud, he is
hereby authorized and required to take all proper and necessary
means to open and reverse the same, and to use the name of
the said mayor, aldermen, and commonalty, and to employ
counsel for such purpose.
SEC. 6. This act shall take effect immediately.




740               ACTS RELATING TO THE CITY OF NEW  YORK.
S160.-CHAPTER CCCCVIII.
AN  ACT to providefor Funding and Paying the Floating Debt
of the Corporation of the City o' New York.-Passed April 14,
1860, " three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
conc may   SEC. 1. The mayor, aldermen, and commonalty of the city of
boyrrow    New York are hereby authorized to borrow and raise by loan,
purpose of from  time to time, by creating and issuing a public fund or
flqating  stock, to be called " The floating debt fund stock of the city of
debt.   New York," which shall bear an interest not exceeding six per
cent. per annum, and shall be redeemable on or before the first
day of July, in the year one thousand eight hundred and seventy-eight, as the said mayor, aldermen, and commonalty may
determine, such sum, not exceeding three millions of dollars, as
may be necessary to pay offand liquidate the floating debt of the
said the mayor, aldermen, and commonalty of said city, arising
from remissions or deficiencies of taxes and assessments, or the
failure to collect any taxes or assessments levied or assessed
prior to the first day of January, one thousand eight hundred
and fifty-nine, or from  any mistakes, defalcations or frauds of
any public officers of said city, or other persons, made or committed prior to said first day of January, one thousand eight
hundred and fifty-nine, not otherwise specially provided for.
value of   SEC. 2. It shall be lawful for the said mayor, aldermen,
shares to be and commonalty to determine what shall be the nominal amount
by mayr, of value of each share of the said stock, and of what number of
adermenm shares the same shall consist; and they are hereby authorized
monalty.  to sell and dispose of such shares at public auction, or at private
sale, and on such terms, not less than the par value thereof, as
they shall think proper.
Tax to ert   SEC. 3. For the payment of the interest on the loan authorlevied for the.
payment of ized by this act, the board of supervisors of the county of
intert.   New  York shall order and cause to be raised by tax, on the
estates, real and personal, subject to taxation according to law,
within said city and county, and to be collected, in addition to
the ordinary taxes, yearly and every year, until the whole of
said loan shall be redeemed and paid, such sum  as may be
necessary therefor.
Faith of   SEC. 4. For the payment and redemption of said fund or
mayor, etc.  k
to be pe- stock so issued, the faith of said "The mayor, aldermen, and
ged  for  redemption of commonalty of the city of New  York," shall be irrevocably
stock.    pledged, and the said board of supervisors shall order and cause
to be raised by tax, on the estates, real and personal, subject to
taxation according to law, of and within the said city and




FINANCES OF THE CITY.                          741
county, and to be collected in addition to ordinary taxes, yearly
and every year, commencing with the year one thousand eight
hundred and sixty-five, a sum sufficient, with the accumulation
of interest thereon, to retire and discharge the whole amount
of said stock, by the time the same shall be payable, and which
sum shall be paid to the commissioners of the sinking fund of
said city, on or before the first day of July in each year, commencing on the first day of July, in the year one thousand eight
hundred and sixty-five; and the money so raised and paid shall
bd under the management and control of said commissioners;
and be invested by them in the same manner as now provided
by law in respect to the revenues pledged to the sinking fund
for the redemption of the debt of said city.
SEC. 5. The moneys raised by virtue of this act shall beoneyshow
applied to the purposes herein particularly specified, and to no
other purposes whatsoever.
SEC. 6. This act shall in no wise be construed so as to release Liability
or discharge from any liability, to the said the mayor, aldermen, rlased.
and commonalty of said city, any person or persons who, by
mistake, defalcation, or fraud, by themselves or others committed, are indebted or liable to the said corporation for any
moneys, or who may be in any other wise indebted to said corporation.  And any moneys which may be collected or realized
from  the uncollected taxes and assessments, or from  other
arrears or sources which are the cause of the deficiency hereby
provided to be paid, shall, as soon as so realized, be paid to the
said commissioners of the sinking funds, for the purposes specified
in the fourth section of this act.
SEC. 7. This act shall take effect immediately.
1862.-CHAPTER II.
AN ACT to legalize certain Ordinances of the Corporation of the
city of New  York.-Passed February 1, 1862,'"three-fifths
being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The following three ordinances of the mayor, alderinen, and commonalty of the city of New York, to wit:
1st. An ordinance entitled "An ordinance making an appropriation in aid of the defense of the National Union, and authorizing the borrowing of money for that purpose," passed April
twenty-third, eighteen hundred and sixty-one.




742              ACTS RELATING TO THE CITY OF NEW YORK.
2d. An ordinance entitled " An ordinance making an appropriation in aid of the families of volunteers from this city,
serving in the defense of the National Union," passed July
seventeenth, eighteen hundred and sixty-one.
3d. An ordinance entitled "An ordinance making an appropriation in aid of the families of volunteers fiom  this city,
serving in the defense of the National Union," passed December
sixteenth, eighteen hundred and sixty-one, are hereby severally
declared to be lawful and of binding force.
SEC. 2. This act shall take effect immediately.
1862.-CHAPTER XXXVII.
AN ACT authorizing the Board of Supervisors of the County of
New York to borrow Money, in anticipation of the Collection of the
Annual Taxes in said County, and to issue County Revenue Bonds
therefor.-Passed March 21, 1862, " three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. It shall and may be lawful for the board of supervisors of the county of New York to borrow, from time to time,
upon the faith and credit of said county, in anticipation of the
collection of the annual taxes of said county, such sum or sums
of money as may be necessary to pay the ordinary charges and
expenses, under appropriations made by said board of supervisors for the support of the county government, including the
metropolitan police within said county, and to pledge and appropriate, as security for the payment of the money so borrowed
and the interest thereon, an equal amount of said taxes; provided, that the amount so borrowed shall at no time exceed the
sum which the said board may, by then existing laws, be authorized to impose and raise by taxation, during the year in
which such moneys may be borrowed.
SEC. 2. The moneys so borrowed shall be deposited, by the
parties lending the same, in the county treasury, and it shall
be the duty of the county treasurer to give proper receipts
therefor.
SEC. 3. Upon the presentation of the receipts of the county
treasurer for such sums of money as aforesaid, at the office of
the comptroller, it shall be the duty of the comptroller to prepare and deliver, in exchange therefor, bonds or certificates of
indebtedness, for an equal amount, which shall be known and
distinguished as "county revenue bonds of the county of New




FINANCES OF THE CITY.                           743
York," and be made payable within one year from the date
when the said money was so borrowed and deposited.
SEC. 4. The said county revenue bonds shall bear interest at
a rate not exceeding seven per cent. per annum, and shall be
signed by the comptroller, countersigned by the mayor, and
sealed with the common seal of the said board of supervisors,
attested by their clerk.
SEC. 5. The amount required to meet the interest upon such
bonds shall be included in the annual estimates of the said
comptroller, of the expenses of said county, and the same shall
be levied and collected as a part of the general tax of said city
and county, in the same manner as other taxes for county and
city purposes are by law levied and collected.
SEC. 6. Nothing in this act contained shall be construed to
authorize the said board of supervisors to incur expenses or to
contract debts for any purpose or purposes not expressly authorized by law.
SEc. 7. This act shall take effect immediately.
1862.-CHAPTER CLXIII.
AN ACT to reduce Taxation in the City of New York, by applying
to that purpose the Surplus Revenues oftheSinking Fundfor thepayment of Interest on the City Debt. —PassedApril 9, 1862, "'threefifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. It shall and may be lawful for the mayor, aldermen, Surpls of
and commonalty of the city of New York to transfer the surplus revenues of the sinking fund for the payment of interest on
the city debt, at the end of the present and every future year,
to the fund known as the general fund of said corporation, to be
applied to the diminution of the taxes of said city, as hereinafter provided.
SEC. 2. It shall be the duty of the comptroller of said city Estimates of
to prepare and submit to the board  of supervisors of the ta
county of New York, at least four weeks before their annual
meeting, in each and every year, for the purpose of imposing
the annual taxes, a statement setting  forth the amounts by
law authorized to be raised by tax in that year, on account
of the corporation of the city of New York, or for city purposes within said city, and also an estimate of the probable
amount of receipts into the city treasury during the then cur



744               ACTS RELATING TO THE CITY OF NEW YORK.
rent year, from all the sources of revenue of said general fund,
including such surplus revenues from the said sinking fund, and
the said board of supervisors are hereby authorized and directed
to deduct the total amount of such estimated receipts from  the
aggregate amount of all the various sums which by law they
are required to order and caused to be raised by tax in said
year, for the purposes aforesaid, and to cause to be raised by
tax only the balance of said aggregate amount, after making
such deduction.
Powers of  SEC. 3. I shall not be lawful for the said mayor, aldermen,
council.  and commonalty to make or cause to be made any alteration of
rates or charges affecting any item or source of the revenues of
either of the sinking funds of said city, or of the general fund
aforesaid, which  may  tend to a diminution  of the receipts
from such sources of revenue, or either of them; and all the
revenues of said corporation, not by law or otherwise specifically
appropriated, shall, when received into the city treasury, be
credited to the said general fund, and said revenues are hereby
appropriated, and shall be applied exclusively to the purpose
specified in the second section of this act.
SEC. 4. All acts and parts of acts heretofore passed, inconsistent with the provisions of this act, are hereby repealed;
such repeal to take effect from  and after the passage of an ordinance by the said mayor, aldermen, and commonalty, authorizing
and directing the transfer of the said surplus revenues of the
sinking fund, for payment of interest on the city debt, to the
general fund aforesaid, at the end of each year, as provided in
the first section of this act.
SEC. 5. This act shall take effect immediately.
862.  C-IHAPTER  CLXVII.
AN AC T to authorize the Board of Supervisors of the County of New
York to raise Money by Loan, and to create a Public Fund or Stock,
to be called " The New York County Court-house Stock," and
to authorize the Commissioners of the S'iinking Fund to receive and
purchase said Stock.-Passed April 9, 1S62, " three-fifths being
present."
The People of the State of Necw York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. It shall be lawful for tie board of supervisors of the
county of New York to raise by loan, from time to time, a sum
of money not exceeding ten hundred thousand dollars, by the
creation of a public fund or stock, to be called " The New York
County Court-house Stock," which shall bear an, interest not




FINANCES OF THE CITY.                           74-5
exceeding seven per cent. per annum, and shall be redeemable in
such  annual installments, commencing in the year eighteen
hundred and seventy-five, as the said board shall provide.
SEC. 2. It shall be lawful for the said board of supervisors,
by ordinance to be passed in the usual manner, to determine
what-shall be the nominal amount or value of each share of
said stock, and of what number of shares the same shall consist; and upon such  determination being made by the said
board, the comptroller of the city of New  York is hereby
authorized and directed to sell and dispose of said stock, either
at public auction or private sale, or by subscription for the same,
on such terms, not less than its par value, as the said board of
supervisors may deem expedient, and to prepare and deliver to
the purchasers thereof the usual certificates fbr the same, which
shall be signed by the said comptroller, and countersigned by
the mayor of the city of New York, and sealed with the common seal of said board of supervisors, attested by the clerk of
said board of supervisors, and the said stock shall be transferable in the usual manner in the office of said comptroller.
SEC. 3. The moneys to be raised by virtue of this act shall
be applied by the said board of supervisors to the payment of
the award made and confirmed by the supreme court to the
mayor, aldermen, and commonalty of the city of New York, for
the value of land acquired for a court-house in said county, pursuant to the act, entitled " An act to enable the supervisors of
the county of New York to acquire and take lands for the building of a court-house in said county,"  passed April tenth,
eighteen hundred and sixty-one; and to the erection of a courthouse on said land; and for the payment of the said stock, the
said land and the building which shall be erected thereon shall
be irrevocably pledged.
SEC. 4. The said board of supervisors are hereby authorized
and empowered to  order and cause to be raised, by tax on
the estates, real and personal, subject to  taxation according
to law, within the county of New York, and to be collected,
in addition to the ordinary taxes, yearly and every year, a
sum  of money sufficient to pay the interest annually accruing
on said stock, and also in like manner to cause to be raised
and collected  by tax, commencing with  the year eighteen
hundred and seventy-five, such amount of money as may be
necessary to meet the annual installments on said stock, as
hereinbefore provided.
SEC. 5. It shall be lawful for the  commissioners of the
sinking funds of the city of New York to receive, in settlement of the said award made to the said mayor, aldermen,
and commonalty of the city of New  York, for the value of
the land taken for said court-house, an amount of said stock
equal to the amount of said award, and from  time to time,




746              ACTS RELATING TO THE CITY OF NEW YORK.
if the said commissioners shall deem it expedient, to invest the
moneys of the said sinking funds in the purchase of additional
amounts of said stock, and to hold and dispose of the stock
which may be so received or purchased in the manner provided
by law, in relation to other securities received and held for the
redemption of certain debts by the corporation of the said city
by the said commissioners.
SEC. 6. Sections seven, eight and nine of the said act, entitled
"An act to enable the supervisors of the county of New York to
acquire and take lands for the building of a court-house in said
county," passed April tenth, eighteen hundred and sixty-one,
are hereby repealed.
SEC. 7. It shall be the duty of the commissioners appointed
pursuant to the act entitled " An act in relation to the city hall
in the city of New York," passed April seventeenth, eighteen
hundred and fifty-eight, under whose direction the said courthouse is being constructed, and their successors, to appoint
one of their number to be known as treasurer in connection
with the construction of said court-house, under their direction,
and to perform  such other duties as the board of commissioners shall provide; such treasurer shall be entitled to
receive such compensation for his services as shall be prescribed and fixed by the said board of supervisors.
SEC. 8. This act shall take effect immediately.
1862.- CHAPTER  CLXXXV.
AN ACT to provide for the Payment of the Bonds issued by the City
of ANew York, for the Defense of the National Union.-Passed
April 12, 1862, " three-fifths being present.'
The People of the State of New York, represented in Senate and
Assembly, do enact asfollows:
SEC. 1. The board of supervisors of the county of New York
are hereby authorized and required, as hereinafter provided, to
order and cause to be levied and raised for the corporation of
the city of New York, by tax upon the estates by laws subject
to taxation within said county, the several sums specified in this
act.
SEC. 2. In the year eighteen hundred and sixty-two, said
board shall cause to be so raised the sum of five hundred thousand dollars, or so much thereof as shall be necessary to pay
the volunteer soldiers' family aid fund bonds of said corporation,
payable in eighteen hundred and sixty-two, issued under an
ordinance passed July seventeenth, eighteen hundred and sixtyone, and such additional sum  as may be required to pay the




FINANCES OF THE CITY.                           747
interest payable in eighteen hundred and sixty-two, upon said
bonds, and upon the union defense fund bonds, and the union
defense fund redemption bonds, hereinafter mentioned.
SEC. 3. In the year eighteen hundred and sixty-three, said
board shall cause to be so raised the sum of five hundred thousand dollars, or so much thereof as may be necessary to pay the
volunteer soldiers' family aid fund bonds number two, of said
corporation, payable in eighteen hundred and sixty-three, issued
under an ordinance passed December sixteenth, eighteen hundred and sixty-one, and such additional sum as may be required
to pay the interest payable in eighteen hundred and sixty-three,
upon said bonds, and upon the union defense fund redemption
bonds, hereinafter mentioned.
SEC. 4. It shall be lawful for the mayor, aldermen, and commonalty of the city of New York to borrow, upon the faith and
credit of said corporation, such sum  or sums of money as may
be neccssary to pay and redeem  the union defense fund bonds,
payable May first, eighteen hundred and sixty-two, issued under
the ordinance passed April twenty-third, eighteen hundred and
sixty-one, and, for the money so borrowed, to issue other bonds
of said corporation, which shall be known and designated as the
union defense fund redemption bonds, and be payable on the
first day of November, eighteen hundred and sixty-four, and
bear interest at a rate not exceeding seven per cent. per annum,
payable semi-annually, on the first days of May and November,
in each year.
SEC. 5. In the year eighteen hundred and sixty-four, the said
board of supervisors shall likewise cause to be raised the.
amount required to pay and redeem the said union defense fund
redemption bonds, and the interest thereon, payable in said
year.
SEC. 6. All moneys reimbursed to, or received by said corporation, on account of the expenditure made under said three
ordinances, shall be applied to the payment and redemption of
said bonds, and of the interest thereon, as provided in said ordinance respectively, or to the payment and redemption of the
union defense fund redemption bonds, authorized by this act.
SEC... The several amounts authorized to be raised by tax
under this act shall be levied and collected in the same manner
as other taxes are by law levied and collected in said county,
and shall be applied and expended for the payment of the said
several loans and interest thereon as hereinbefore provided, and
for no other purpose or purposes whatever.
SEC. 8. This act shall take effect immediately.
[NOTE] The several acts relative to the Central Park and Croton Water Stock will be
found under the heads of Central Park and Croton Water, respectively.




FIREMEN.
SESSION LAWS, 1798.
AN ACT to Incorporate the Firemen of the City of Ncw Yorl.Passed March 20, 1798.
WVhereas, The firemen of the city of New York have, by their
petition to the Legislature, prayed to be incorporated, the more
effectually to enable them  to provide adequate funds for the relief of disabled and indigent firemen, and for the purpose of
extinguishing fires; therefore,
mnt incor-  Be it enacted by the People of the State of New York, represcented
porated.  in Senate and Assembly, That all such persons as now are, or
hereafter shall be, engineers of the fire department, or firemen
belonging to any of the fire engines of the city of New York,
shall be and hereby are ordained, constituted, and declared to be,
and continue until the first Tuesday in April, one thousand
eight hundred and eighteen, a body politic, in fact and in name,
by the name of the " Fire Department of the city of New
York;" and that by that name they, and their successors for the
term  aforesaid, shall and may have succession, and shall be
persons in law, capable of suing and being sued, pleading and
being impleaded, answering and being answered unto, defending
and being defended, in all courts or places whatsoever; in all manner of actions, suits, complaints, matters, and causes whatsoever;
and that they and their successors may have a common seal, and
may change and alter the same at their pleasure; and also, that
they and their successors, by the name of the fire department of
the city of New  York, shall be in law capable of purchasing,
holding, and conveying any estate real or personal, for the use
of the said corporation, provided that the amount of the real
and personal estate of the said corporation shall not at any time
exceed the sum of twenty thousand dollars.
Reopresena   II. And be it ftrther enacted, That the engineers belonging
tives  how     Ad     i
chosen.   to the said fire department shall, on or before the first day of
December, in every year, choose one representative, each company of eighteen firemen two representatives, and under eighteen firemen one representative, who shall have and exercise all
such powers as are hereinafter committed to them.
Ofacers cho-  III. And be it further enacted, That the said representatives
presenta-  shall choose on the second Monday of December in every year,
es  by ballot, out of their own body, a president and vice-president;




FIREMEN.                                 749
and out of the whole body of the firemen, three trustees, a
treasurer, secretary, and collector; that the first representatives
shall be, &c., &c.
[Names of president, vice-president, treasurer, secretaries,
collector, and trustees.]
To hold their respective offices and places until others are
appointed in their stead, agreeable to the provision of this act.
That the said trustees shall class themselves in three classes;
number one shall go out of office the first year, number two the
second, and number three the third; that the said trustees shall
manag.e the affairs and dispose of the funds of the' corporation,
according to the by-laws, rules, and regulations of the said corporation, from  time to time made and established by the said
representatives.   That the trustees shall choose a president,
who shall have a right to convene them when he thinks proper,
at least once a year, that the treasurer shall give security to
the trustees for the faithful performance of his trust, and shall,
at every annual meeting of the representatives, render them  an
account of the state of the funds.  That the representatives
shall, at their meetings, have a right to inquire into and control
the application of their funds, and to displace any of the trustees and officers, if guilty of malconduct, and elect others in
their stead.  That a majority of the said representatives, and
also of the said trustees, shall respectively be a quorum to do
business; that in case of a vacancy in the office of representatives, such vacancy shall be filled up by the conpany from
which he is deputed for the remainder of the year, by a special
election to be held for that purpose; and that in case of a
vacancy in the office of president, vice-president, treasurer,
secretary, collector, or any of the trustees, such vacancies shall
be filled up by the representatives, for the remainder of the
year, by a special election to be held for that purpose.
IV. And be it further enacted, That two thirds of the quorum
of the said representatives shall have full power to make and
prescribe such by-laws, rules, ordinances, and regulations, as to
them, from time to time, shall appear needful and proper, touching the management and disposition of their funds, for the purposes aforesaid, and touching the meetings of the said corporations, both special and ordinary, except the second Monday of
December in every year, which is hereby declared to be their
annual meeting, and touching the duties and conduct of their
officers and trustees, and touching all such other matters as appertain to the business, ends, and purposes for which the said
corporation is, by this act, instituted, and for no other purposes
whatsoever. Provided, that such by-laws, rules, ordinances, or
regulations, be not repugnant to the constitution or the laws of
the United States, or of this state.




750                ACTS RELATING TO THE CITY OF NEW  YORK.
V. And be it further enacted, That in case any election shall
not be made on any day when, pursuant to this act, it ought to
have been made, the said corporation shall not, on that account,
be deemed to be resolved, but that it shall and may be lawful,
on any other day to hold and make such election, in such manner as shall have been regulated by the by-laws and ordinances
of the said corporation.
Funds, how   VI. And lie it farther enacted, That the funds of the said corporation shall arise from  chimney fines, certificates, and donations, and from such other objects as may have been heretofore,
or may be hereafter, agreed on by the respective fire companies,
shall be appropriated to the relief of such indigent and disabled
firemen or their families, as may be interested therein, and who
may, in the opinion of a majority of the trustees, be worthy of
assistance; but if they shall amount to a greater sum than the
trustees may think  necessary to apply to the said purposes,
then the said representatives shall have power to apply such
surplus to the purpose of extinguishing fires, under such limitations and restrictions as they may, with the sanction of the
corporation of the city of New York, deem proper.
VII. And be it further enacted, That this act is hereby declared
to be a public act, and that the same shall be construed in all
courts and places, benignly and favorably, for every beneficial
purpose hereby intended.
1813.-CHAPTER LXXXVI.
AN  ACT to reduce several laws relating particularly to the City
of New  York into one act.-Passed April 9, 1813. (1)
iremen to n LXXIV. And be it farther enacted, That it shall be lawful for
by common the mayor, aldermen, and commonalty of the said city, in common council convened, and they are hereby required, from time
to time, and as often as it shall be necessary, to appoint a sufficient number of strong, able, discreet, honest, and sober men,
To befrere-  illing to accept such appointment, being freeholdcrs or freeholders or                                        b      uor
freemen.   men of the said city, to have the care, management, working,
and using the fire engines, and the other tools and instruments
now provided, or hereafter to be provided, for extinguishing of
fires within the said city; which persons; so to be appointed,
shall be called the firemen of the city of New York, and who,
Theirduty. with the engineers of the same city, are hereby required to be
ready at all times, as well by night as by day, to manage, work,
(1) This act is merely inserted to show the manner in which firemen were formerly
appointed. Nearly or quite all its important provisions are substantially abrogated by
subsequent acts.




FIREMEN.                                   751
and use the same fire engines, and other the tools and implements aforesaid.
LXXV. And be it further enacted, That the persons so to be, iremenfrex
appointed firemen, and every of them, during their continuance certain pubin that office, and no longer, shall be exempted from  serving in i dutie.
the office of constable, and from  being impanneled or returned
upon any juries or inquests, and of and fiom militia duty, within
the said city, except in cases of invasion or other imminent danger; and the names of all firemen, to be appointed by virtue of her nme
this act, shall be registered with the clerk of the peace of the tered.
said city, and his certificate shall be sufficient evidence in all
courts and cases of such exemption: And fjurthcr, That it shall Reo.vabe
be lawful for the mayor, aldermen, and commnonalty of the said moncouneo
city, in common council convened, to remove all or any of the
firemen now appointed, or to be appointed by virtue of this act,
when, and as often as they shall think fit, and to appoint others
in their stead.
LXXVI. And be it further enacted, That it shall be lawful Commonn
for the mayor, aldermen, and commonalty of the said city, in make rules
j.,         -,.               I -                  anti   regulacommon council convened, to make and ordain such rules and tions  for
regulations in respect of the government and duty of the per- firemen
sons by.them appointed firemen, in the working, managing, and
frequent exercising, trying, and using the same fire engines, tools,
and other instruments, and to impose and establish such reason- And impose
able fines, penalties, and forfeitures upon them, or any of them,
for default or neglect of the duties and services thereby to be
required from  them, as tiey shall, from  time to time, think
proper.
LXXVII. And be it further enacted, That, upon upon the Dutyofsherbreaking out of any fire within the said city, the sheriff; deputy sheriffs, consheriffs, constables, and marshals, upon notice thereof, shall mrshalsn
immediately repair to the place where such fire shall happen, case'fre.
with their rods, staves, and other badges of authority, and be
aiding and assisting, as well in the extinguishing of the said fires,
and causing the persons attending the same to work, as in preventing any goods or household furniture fromn  being stolen
at such fires, and shall seize all persons whom  they find stealing or pilfering, and the officers aforesaid shall also give their
utmost assistance to the inhabitants in removing and securing
their said goods and furniture; and, in the execution of -the
duties required from  them  by this act, shall be obedient to the
orders of the mayor, recorder, and aldermen of the said city, or
such of them as shall be present at such fires.
LXXVIII. And be it further enacted, That it shall be lawful common
council to
for the mayor, aldermen, and commonalty of the said city, in order inhabitants  to
common council convened, by ordinances by them for that pur- provide firepose to be made, to direct the inhabitants or owners of houses buckets




752               ACTS RELATING TO THE CITY OF NEW  YORK.
and other buildings in the said city, to furnish themselves with
such and so many fire-buckets, to be ready in their respective
houses and other buildings, for the purpose of extinguishing
pns t) Cm  fires which may happen in the said city, and to impose and
tes for seg- establish such reasonable fines, penalties, and forfeitures for
lect.
every neglect, default, or disobedience thereof, as they shall think
proper.
Lots cf fire-  LXXIX. And be it farther enacted, That in case any person
buckets
when  and shall lose any bucket at any fire which may happen in the
by tho cor said city, and shall, within sixty days thereafter, make proof
poration.  thereof before the mayor, recorder, or one of the aldermen of the
said city, of the value of such bucket, and that the same was
actually lost or destroyed in that service, in such case the mayor,
aldermen, and commonalty of said city, in common council convened, shall, by warrant under the hand of the mayor or recorder, presiding at such common council, directed to the chamberlain of the said city, order the value of such bucket to be
paid to such person so making proof of the loss thereof, out of
any moneys remaining in his hands for the contingent expenses
arising in the said city; and if any person shall, at any time
thereafter, be convicted of having taken a false oath touching
the premises, such person shall incur the penalties of willful and
corrupt perjury.
Lost )cets  LXXX. And be itffrther enacted, That if any such buckets, so
belong when proved to be lost, shall afterwards be found, the property therefound.    of shall thenceforwards be in the mayor, aldermen, and commonalty of the city of New York, unless the owner thereof will
take back the same, and return the money allowed and paid for
the loss thereof.
1816.- CHAPTER  CIV.
AN ACT grantingg privileges to the Firemen of the City of New
York.-Passed April 12, 1816.
I. [Repealed by act, Laws 1829, ch. 100.]
Certificates   II. And be it frther enacted, That certificates of the time that
to be signed
by the clerk such persons as aforesaid have served as firemen, signed by the
of tho common counncl clerk of the common council of the said city, and by the chief
gane.ief - engineer, shall be sufficient evidence thereof.
Fire tdPcat   III. And be it further enacted, That the Fire Department of
tinned as a the city of New York, and their successors, shall continue to be
body corporate.   a body corporate and politic, in fact and in name, until the first
day of May, in the year of our Lord, one thousand eight hundred
and thirty-eight, with all the rights, powers, and privileges, and




FIREMEN.                                  753
subject to all the provisions, restrictions, limitations, and conditions mentioned and contained in the act, entitled "An act to
incorporate the firemen of the city of New York."
1817.-CHAPTER LIX.
AN ACT concerning the Fire Department of the City of New York.
-Passed February 28, 1817.
I. Be it enacted by the People of the State of New York, r'pre-iemes o
sented in Senate and Assembly, That all persons who now are, or ire departhereafter may be, appointed firemen by the mayor, aldermen, and m.
commonalty of the city of New York, in common council convened, shall, while they continue such firemen, be, and they are
hereby declared to be, members of the fire department of the
city of New York.
II. [This section repealed by sec. 1, ch. 6, Laws of 1819.]
III. And be it further enacted, That any fireman of the city of Fiaeno
New York who shall, while in the performance of his duty as duty, how'   provided for.
such, so maim or injure himself as to render him thereafter unable to perform  the said duties' of a fireman, or who shall have
so maimed himself since the fifth day of May last, shall be and
hereby is entitled to the benefit of the law, passed the 12th
April, 1816, entitled " An act granting privileges to the firemen
of the city of New York," and fixing the time of their service:
Provided, however, that he shall not receive the certificate grant- Proviso.
ing him  the privileges of that act, until the expiration of the
time he would have been compelled to serve, if he had not been
so maimed or injured, in order to obtain such certificate.
IV. And be itfurther enacted, That when any doubt exists, in Chief  enthe mind of the chief engineer, as to the claim of any fireman to cide claimt.
the privileges of the foregoing section, it shall be his business to
examine into such claim, and his decision shall be final.
1819.-CHAPTER VI.
AN  ACT to amend "An act concerning the Fire Department of
the city of New  York," passed February 28, 1817.-Passed
January 15, 1819.
Whereas, the reference in the second section of the above
mentioned act is to the act of 1813, instead of the act entitled  "An act for the more effectual prevention of fires in
the city of New  York," passed April 11, 1815: Therefore,
48




754              ACTS RELATING TO THE CITY OF' NEW  YORK.
Be it enacted by the People of the State of New  York, represented in Senate and Assembly, That the fines and penalties imposed by so much of the law passed April 11, 1815, entitled
"An act for the more effectual prevention of fires in the city of
New York," as relates to the more effectual prevention of fires,
shall and may be recovered, with costs of suit, in any court of
record within this state, by the fire department of the city of
New York, for their own use, and that the second section of the
act hereby amended be, and the same is hereby, repealed.
1820.-CHAPTER  CXXXI.
AN ACT relating to the Fire Department in the City (f New York.
-Passed April 1, 1820.
Fins recov-  Be it enacted by the People of the State of New York, represented in
erablo  with
costs.    Senate and Assembly, That the fines and penalties imposed by
so much of the law passed the ninth of April, in the year one
thousand eight hundred and thirteen, entitled " An act to reduce
several laws relating particularly to the city of New York, into
one act, as relates to the more effectual prevention of fires,"
shall and may be recovered with costs of suit, in any court of
record within this state, by the fire department of the city of
New York, for their own use.
1824.-CHAPTER XXXIV.
AN  ACT allowing Testimony in certain cases relating, to the Fire
Department in the City of New  York.-Passed February 6,
1824.
Competency   Be it enacted by the People of the State of New Yorkl, represented in
in  cetain Senate and Assembly, That in any action, suit, or other proceeding
a'ses   which now is, or hereafter may be instituted, commenced, or
prosecuted for the recovery or collection of any fine, penalty,
or forfeiture, imposed by any existing or future law of this
state, or by any existing or future law or ordinance of the
mayor, aldermen, and commonalty of the city of New York, and
appropriated to the use of the fire department of the city of
New York, or of any of the fire companies in said city, it shall
be no objection to the competency of any witness in any such
action, suit, or other proceeding, for the recovery or collection
of any such fine, penalty, or forfeiture, so imposed and appropriated to the use of the fire department of the said city, or of
any of the fire companies in said city, that he, the said witness,.is, or has been a fireman of said city, or a member of the said
fire department, or is, or may become entitled to the benefit of
the fire department fund of the city of New York.




FIREMEN.                                755
1831.- CHAPTER CXXXIX.
AN ACT to extend the Charter of the Firemen of the City of New
York.-Passed April 16, 1831.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEc. 1. The act entitled "An act to incorporate the firemen
of the city of New York," passed March the 20th, 1789, and all
acts and parts of acts relating to the said corporation, and which
are now in force, shall be continued in force until the first day
of May, one thousand eight hundred and sixty, unless sooner altered, modified, or repealed by the legislature.
SEC. 2. The said corporation shall have power to purchase,
hold, and convey any estate, real or personal, for the use and
objects for which the said corporation was instituted; but such
real or personal estate shall not exceed the sum of one hundred
and fifty thousand dollars. (1)
1S35.-CHAPTER  CCXLIII.
AN ACT extending further Privileges to the Firemen of the respective Cities within this Stat?.-Passed May 8, 1835.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The firemen of the different cities within this state, in InMcas of
case of removal from one city to another, shall be allowed the
time which they may have served as such firemen in the city
they left, in the city to which they have removed, upon producing a certificate of such service, signed by the chief engineer of
the city so left, and being re-appointed a fireman in the city to
which they have removed.
SEC. 2. When every such fireman shall have served as such Termofservfor so long a time thereafter as shall make the whole term ofice'
service, the same as required by law of firemen residing in the
city removed to, they shall be entitled to all the privileges and
exemptions now secured by law to the firemen of the cities of
Albany and New York.
(1) As amended April 3, 1855.




756               ACTS RELATING TO THE CITY OF NEW  YORK.
1841.-'CHAPTER XLIV.
AN ACT to amend the act to Incorporate the Firemen of the City of
New York, passed 20th day of March, 1798.-Passed March 1,
1841, by a two-third vote.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
gibleto of-  SEC. 1. All persons, who shall have served as firemen in the
ice.    city of New  York, " the full term required by law to exempt
them  from serving as a juror in any of the courts of this state,
and from all militia duty, except in case where the militia are
ordered into actual- service," are hereby declared to be eligible
to the office of pesident, vice-president, secretary, treasurer,
collector, or trustee of the New York fire department.
Vacancies,    SEC. 2. In case of a vacancy in the office of president, vicehow filed. president, secretary, treasurer, collector, or any of the trustees,
such vacancy shall be filled up by the representatives, for the remainder of the term, by a special election to be held for that
purpose.
Repeal.    SEC. 3. Such parts of the act hereby amended as conflict with
this act are repealed.
SEC. 4. This act shall take effect immediately.
1847.-CHAPTER  CCCLXIX.
AN  ACT to amend an act, entitled " An act granting Privileges to
the Firemen of the City of New York," lpassed April 4, 1829.Passed November 16, 1847.
The People of the State of New  York, represented in Senate and
Assembly, do enact asfollows:
Time ofserv-  SEC. 1. Every person, who, on the first day of January, one
mn.f'e- thousand eight hundred and forty-eight, shall have served as a
fireman of the city of New York during five years, and who
shall serve as such one year thereafter, and every person who,
on the said first day of January, one thousand eight hundred and
forty-eight, shall have served four years or a less period of time,
and who shall serve as such, for so long a time thereafter as
shall make the whole term  of his service six years, and every
person who shall serve as a fireman of the city of New  York,
after the first day of January, one thousand eight hundred and
forty-eight, for the period of five years, shall be, forever after
such service, exempted from  serving as a juror in any of the
courts of this state, and from  all militia duty, except in cases
where the militia are ordered into actual service.
Repeal.    SEC. 2. The first section of the act amended is hereby repealed.




FIREMEN.                                 757
1848.-CHAPTER CLXXXVIII.
AN ACT to amend an act, entitled " An Act in relation to Firemen
in the several Cities and Villages of'this State," passed March 18,.1848.-Passed April 5, 1848.
The People of the State of NZew York, represented in Senate and
Assembly, do, enact as follows:
SEC.. Every person, who, on the first day of May next, Privileges of
shall have been a fireman in any of the cities or villages of this
state, for the term of four, five, or six years, and who shall serve
as such one year thereafter; and every person who, on the first
day of May next, shall have been such fireman for a less period
of time than four years, and who shall serve as such for so long
a time thereafter as shall make the whole term  of his service
five years, and every person who may become such fireman after
the passage of this act, and shall serve as such for five years
thereafter, shall during and forever after such service be exempted from serving as a juror in any of the courts of this state, and
from militia duty, except in cases of insurrection or invasion.
SEC. 2. The act, entitled'"An act in relation to firemen in Repeal.
the several cities and villages of this state," passed March 18,
1848, is hereby repealed.
SEC. 3. This act shall take effect immediately.
1854.-CHAPTER  CLVI.
AN ACT to amend the Charter of the Fire Department of the City
of New York.-Passed April 5, 1854.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. No person, nor his family, shall be entitled to relief,
from the funds of the fire department of the city of New York,
who shall belong to a fire department whose members shall
receive, or shall be entitled to receive, pay for their services, as
firemen, from the corporation of the city of New York, or otherwise; Provided, however, That this act shall not be held to deprive
any person of the right to such relief who now is or shall hereafter be entitled thereto by virtue of services rendered in the
present or anyother unpaid fire department.




758              ACTS RELATING TO THE CITY OF NEW YORK.
1855.-CHAPTER CXII.
AN ACTfor the better Regulation of the Firemen in the City of New
York.-Passed March 29, 1855.
The People of tle State of New  Yorkc, represented in Senate and
Assembly, do enact as follows:
SEC. 1. There shall be elected, by the representatives of the
New York fire department, five commissioners, at the time and in
the manner hereinafter provided, to be denominated "The Commissioners of the New York Fire Department."
SEC. 2. The said commissioners shall be elected on the second
Tuesday in May, at such place and hour as the said representatives
shall designate, and a majority of the votes cast shall be requisite
to a choice.
SEC. 3. The first election for commissioners, under this act,
shall take place on the second Tuesday in May next; and, within
ten days after such election, the persons so elected shall, in the
presence of the president of the New York fire department, draw
borthe term  of their respective offices; say, one for the term  of
five years, one for the term of four years, one for the term of three
years, one for the term of two years, and one for the term of one
year; and, annually thereafter, there shall be elected one commissioner, to hold his office for the term of five years.
SEC. 4. In case of a vacancy in the office of either or all of the
said commissioners, either by death, removal, or resignation, the
said representatives shall proceed, within thirty days thereafter,
to fill such vacancy or vacancies; and the person or persons so
elected shall hold their office only for the balance of the unexpired term.
SEC. 5. In the case of the refusal or neglect of either or all
of the said commissioners to perform any of the duties imposed
upon them  by this act, the common council of the city of New
York shall have power to remove said commissioner or commissioners, such removal to take place only upon the petition of
the said representatives therefor.
SEC. 6. No person shall be eligible as such commissioner, unless
he shall be, at the time of such election, an exempt fireman, and
shall have ceased to be a member of the New York fire department
for at least three years prior to said election.
SEC. 7. It shallbe the duty of the president and secretary of
the New York fire department to certify to the common council
the names of the persons so elected commissioners.
SEC. 8. The said commissioner shall nominate, and the common
council shall appoint, two clerks, at a salary not exceeding one




FIREMEN.                                  759
thousand dollars a year each, and the commissioners and clerks
shall take an oath to well and faithfully perform  the duties of
their office.  (As amended 1860, ch. 45, and 1S61, ch. 32.)
SEC. 9. It shall be the duty of the chief and a majority of the Trgefireo
assistant engineers of the fire department to inquire into all anie.
applications for the organization of volunteer fire companies.
No volunteer fire company shall be organized unless approved by
said commissioners on a favorable recommendation of the chief
and assistant engineers of the fire department of said city, or a
majority of them.  (As amended 1861, cho 32.)
SEC. 10. It shall be the duty of the chief engineer of the fire Ibid.
department to present to said commissioners the names of all
persons applying to be volunteer firemen, and of all persons
expelled or resigned from the department for their action, and
the decision of the said commissioners thereon shall be final,
unless appealed from to the commissioners of appeals; provided
that there shall not be to exceed fifty members to each engine
company, forty members to each hook and ladder company, and
twenty-five members to each hose company.  (As amended 1861,
ch. 32.)
SEC. 11. The said commissioners shall have cognizance of all Caomplins
complaints against volunteer firemen fbr riotous or disorderly men.
conduct at fires, or alarms of fire, or for violation of any of the
state or city laws respecting the firemen of the city of New
York; they shall diligently inquire into the same, and, if the
parties so charged shall be proved guilty, the said commissioners
are hereby empowered to suspend, expel, or disband such firemen,
and the said commissioners or a majority thereof shall have
power to alter or change the entry of expulsion on the firemen's
register to " resignation," and also to alter, change, ormodify any
judgment or decree of suspension, subject to the approval of the
board of appeals or a majority thereof.  (As amended 1862, ch.
44.)
SEc. 12. All parties charged with a violation of any of the Poceedings
laws or ordinances relative to the fire department of the city of plaints  of
violation of
New  York, shall be served with a notice in writing, either ordinnces.
personally or by leaving the same at their last place of residence,
containing a copy of the said charges, and the time and place of
trial, and no complaint shall be instituted by any of the said
commissioners, nor shall any such commissioner be allowed to
act in his capacity as such, while a complaint against the
company or any member thereof, to which he is attached as an
active or honorary member, shall be under investigation.  (As
amended 1861, ch. 32.)
SEC. 13. The said commissioners may make such rules and Rules.
regulations as may be necessary for the performance of their




760             ACTS RELATING TO THE CITY OF NEW YORK.
duties, not inconsistent with the laws of the city or state of New
York, or of the United States.
atto W'it-  SEC. 14. The chairman of said commissioners may administer
oaths and affirmations to witnesses appearing before them, and
may require such witnesses to testify in respect to any matters
pending before the commissioners. And should such witness or
witnesses, after being duly notified, refuse to attend, the commissioners may apply to one of the justices of the Supreme Court,
and upon proper proof being made of the service of notice, the
said justice shall issue an attachment compelling the attendance
of such witness or witnesses.
Falso dsear-  SEC. 15. False swearing before said commissioners shall be
perjury.  deemed perjury, and punishable as such.
Badge.    SEC. 16. The common council shall, in addition to the fire cap
now in use, design a badge, one of which shall be worn by every
firemen when on duty as such, and by such exempt firemen as
the board of commissioners may give permission to in writing,
and they shall pass such ordinances as may be requisite to prevent the approach of persons other than firemen or policemen
to the vicinity of fires.
sentingp-  SEC. 17. Any person who shall falsely represent any of the
liremen.  members of the fire department of the city of New York, or who
shall maliciously, with intent to deceive, use or imitate any of
the signs, fire caps, badges, signals, or devices, adopted or used
by the fire department, shall be deemed guilty of a misdemeanor,
and shall be subject to a fine of not less than twenty-five dollars
or more than two hundred and fifty dollars, and by imprisonment
for a term not less than ten days or more than three months, and
all fines so collected to be paid over to the trustees of the New
York fire department fund.
Term      SEC. 13. The tarm "Volunteer Firemen" shall be understood
volunteer
Bremen. as applying to all persons who now are, or may hereafter become,
members of the fire department of the city of New York, as at
present organized under the laws of the state and of said city.
SEC. 19. All laws or parts of laws now existing, the provisions
of which are inconsistent with all or any of the provisions of this
act, are hereby repealed.
SEC. 20. This act shall take effect on the second Tuesday of
May next.




FIREMEN.                                 761
1858. CHAPTER CC.
AN ACT to extend the Charter of the Firemen of the city of New
York.-Passed April 14,.S58, " three-fifths being present."
The People of the State of New Yor, represented in Senate and
Assembly, do enact asfollows:
SEC. 1. The act entitled' An act to incorporate the firemen
of the city of New York," passed March the twentieth, seventeen hundred ninety-eight, and all acts and parts of acts relating
to the said corporation, and which are now in force, shall be continued in force until the first day of May, eighteen hundred and
eighty, unless sooner altered, modified, or repealed by the legislature.
1861.-CHAPTER  XXXII.
AN ACT to amend an act entitled " An act for the better regulation
of the Firemeen i, the City of New  York," passed March 29,
1855.-Passed Mlarch 21, 1861, "three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SECTIONS 1, 2, 3, 4, and 6 are incorporated in the act amended.
SEC. 5. Should it appear to the said commissioners that any companes,
when to be
company or companies have been guilty of a violation of the disbanded.
laws or ordinances governing the fire department, then the said
commissioners shall have power to disband such company or
companies; provided, however, that any or all of the members
of such company or companies, who shall prove, before the said
commissioners, to their satisfaction, that they have not been
guilty of any violation of the laws or ordinances governing the
fire department, shall be transferred by the commissioners to any
other company in which they may be elected, without any
charge for initiation, other than provided by the by-laws of the
said company, omitting the amount paid to the widows and
orphans' fund of the fire department.
1861.- CHAPTER  XXXIII.
AN ACT to create a Board of Commissioners of Appeals of the
New York Fire Department.-Passed March 2, 1861, "threefifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
CommisSEc. 1. The representatives of the New York fire department sioners  of
shall, on the second Tuesday of June next, proceed to electwhPen  ected.




762               ACTS RELATING TO THE CITY OF NEW  YORK.
five persons, who shall be exempt members of the said fire
department and residents of the city of New York, who shall
have served their whole time in said city, and shall not have been
on the active list of the said department for three years previous
to said election, who shall be denominated the commissioners of
appeals of the New York fire department.
idunt of pfre   SEC. 2. It shall be the duty of the president of the fire
department. department to certify to the common council, within ten days
after the election, the names of the five persons who shall, by a
majority of all the votes cast, be chosen as such commissioners;
and he shall also notify the persons so elected to appear before
him, within ten days after such election, when they shall proceed to draw lots, one for the term of five years, one for the
term of four years, one for the term of three years, one for the
term  of two years, and one for the term  of one year; and
annually thereafter on the second Tuesday of June, there shall
be elected in like manner, as provided in section one of this act,
one commissioner for the term of five years.
how Va1i. SEC. 3. In case of a vacancy in the office of either of the
said commissioners, caused by death, resignation, or removal by
the representatives, the said representatives shall proceed, within
thirty days thereafter, to fill said vacancy from  those persons
eligible to the office as provided in section one of this act, and
the person so elected shall hold his office only for the balance
of the unexpired term.
ommis-    SEC. 4. In  case of the  neglect, refusal, or incompetency
sioner, when
he may be of either of the said commissioners to perform  the duties
"removed  imposed upon him  by this act, the said representatives shall
have power to remove such commissioner from office; but no
such removal shall be made until the said commissioner shall be
first served with the charges against him, in writing, at least ten
days previous to action being taken upon the same, nor without an opportunity to be heard in his defense.  The service last
aforesaid shall be personal, or at the last place of residence of
the commissioner.
Oath of rm-  SEC. 5. The said commissioners shall take an oath, before any
judge of a court of record, to well and faithfully perform the
duties of their office, and they shall also appoint a clerk, at a
salary not exceeding five hundred dollars per year, whose salary
shall be paid monthly by the comptroller of the city, and who
shall alsc take a like oath as the commissioners,
When ap-    SEC. 6. An appeal shall lie to the said commissioners of
peal may be
made.    appeals from  any decision of the commissioners of the New
York fire department, and it shall be the duty of the said commissioners of appeals to examine all such appeals taken from
the decision of the said fire commissioners.  Notice of any such




FIREMEN.                                   763
appeal shall be served upon the clerk of the said fire commissioners, within thirty days after their decision has been rendered,
and within ten days thereafter the said clerk shall certify to the
commissioners of appeals, a copy of the testimony taken before
the said commissioners of the fire department.  Upon the hearing of the said appeal, which must be within thirty days after
receiving the testimony, as certified by the clerk of the fire
commissioners, both the appellant, and the complainant shall
have a right to be heard, but no new evidence shall be received.
SEC. 7. The said commissioners of appeals shall, within ten When appeal
days after hearing any case as provided for in section six, have t   
power to affirm, or reverse, or modify any decision of the said
fire commissioners, or send the same back for a new  trial; and
should the said commissioners of appeals refuse or neglect to
take such action as before provided, and within the time provided, on any decision of the fire commissioners, then the said
decision of the said fire commissioners shall be final and conclusive.  A majority of the said board of commissioners of appeals
shall be necessary for the modifying or affirming of any decision
of the board appealed from,' but no judgment or decision
appealed from shall be reversed except by a four-fifths vote of
said board of appeals.
SEC. 8. It shall also be the duty of the said commissioners to  egister to
keep a correct register of the names, occupations, and residence
of all the members of the fire department of the said city, and
monthly furnish a certified copy to the common council, which
shall be kept by the clerk of the common council.
SEC. 9. The said commnissioners may make such rules and,ule  and
regulations for their government, as may be necessary to a proper
discharge of their duties, not inconsistent with the laws of the
city or state, or of the United States.
SEc. 10. The common council of the city of New York, shall Common
provide the said commissioners with proper accommodations for roido with
the discharge of their duties, and such stationery and printing ttionery,
as may be required to enable them to properly discharge the
duties of their office.
SEC. 11. All laws, or parts of laws, inconsistent with the provisions of this act are hereby repealed.
SEC. 12. This act shall take effect on the second Tuesday of
June next.




GAS METERS-INSPECTION OF.
1859.-CHAPTER1  CCCXI.
ANA CT to providefor the Inspection and sealing of Gas Meters, and
for the Protection of Consumers of Illuminating  Gas. —Passed
April 14, 1S59, "three-fifths being present."
The People of the State of New  York, represented in Senate and
Assembly, do enact as follows:
Governor to  SEC. 1. The governor of this state shall nominate, and by and
ilspector of with the consent of the senate, shall appoint an inspector of gas
gasmeters. meters, who shall reside in the city of New York, whose duty
it shall be, vwhen required, to there inspect, examine, prove, and
ascertain the accuracy of any and all gas meters used or intended to be used for measuring, or ascertaining the quantity
of illuminating gas furnished by any gas light company in this
state, to or for the use of any person or persons, and when found
to be or made correct, to seal, stamp, or mark all such meters,
and each of them, with some suitable device; such device shall
be recorded in the office of the secretary of state.
Term of    SEC. 2. Such inspector shall hold his office for the term of
five years from the time of his appointment, and until the appointment of his successor, but may be removed by the governor
for sufficient cause; and he shall receive an annual salary of fifteen hundred dollars, to be paid in the first instance out of the
state treasury, on the warrant of the comptroller.
lary, etc.   SEC. 3. Such salary shall be charged to and paid into the state
treasury by the several gas light companies in this state, in
amounts proportionate to the amounts of the capital stock of
said companies respectively, to be ascertained and assessed by
the comptroller of the state; and in case such gas light companies, or any or either of them, shall refuse or neglect to pay into
the state treasury the amount or portion of said salary which
shall be by said comptroller required of them  respectively, for
the space of thirty days after written notice given by said comptroller to them  respectively, to make such payment, then the
said comptroller may maintain an action in his name of office,
in any court of this state, against any such delinquent gas light
company for their said portion or amount of such salary, with
interest thereon at the rate of ten per cent per annum, from the
time when said notice to make such payment was given, and
the costs of the action.




GAS METERS-INSPECTION OF.                            765
SEC. 4. It shall not be lawful for any corporation, company, Gas meters
or person, at any time after this act shall take effect, to furnish inspected,
and put in use any gas meter which shall not have been in- etc
spected, proved, and sealed by said inspector, except during such
time as said office of inspector shall be vacant, or said inspector,
after request made, shall refuse or neglect to prove and seal the
meters furnished for that purpose, and except the meters in use
when this act takes effect, and which may be removed for examination or repairs.
SEC. 5. That every such gas light company shall provide and APparatus
N0 ~ v~ r~lrVU   VVIJ N\ILV-C~L b,,Lfor testing
keep in and upon their premises a suitable and proper appa- meters.
ratus, to be approved and sealed by said inspector of meters, for
testing and proving the accuracy of the gas meters furnished for
use by said company, and by which apparatus every meter may
and shall be tested, on the written request of the consumer, to
whom  the same shall be furnished, and in his presence if he
desire it.  If any such meter, on being so tested, shall be found
defective or incorrect to the prejudice or injury of the consumer,
the necessary removal, inspection, correction, and replacing of
such meter shall be without expense to the consumer; but in all
other cases he shall pay the reasonable expenses of such removal,
inspection, and replacing; and in case any consumer shall not be
satisfied with such inspection of the meter furnished to him, and
shall give to the company written notice to that effect, he may
have such meter reinspected by the state inspector (if he require
it) upon the same terms and conditions as above provided for
the original inspection thereof.
SEC. 6. Upon the application, in writing, of the owner or o- Gas must b
cupant of any building or premises within one hundred feet of application,
any main laid down by any such gas light company, and pay- et.
ment by him of all money due from  him  to the company, the
company shall supply gas as may be required for lighting such
building or premises, notwithstanding there may be rent or
compensation in arrear, for gas supplied, or for meter, pipe, or
fittings furnished to a former occupant thereof, unless such
owner or occupant shall have undertaken or agreed with the
former occupant to pay or to exonerate him from the payment of
such arrears, and shall refuse or neglect to pay the same; and
if, for the space of ten days after such application, and the deposit of a reasonable sum as in this act provided (if required),
the company shall refuse or neglect to supply gas, as required,
the company shall forfeit and pay to such applicant the sum of
ten dollars, and the further sum of five dollars for every day
thereafter during which such refusal or neglect shall continue;
provided that no such company shall be required to lay service
pipe for the purpose of supplying gas to any applicant, where
the ground in which such pipe is required to be laid shall be
frozen, or shall otherwise present serious obstacles to laying the
same; nor unless the applicant, if required, shall deposit in ad



766              ACTS RIELATING TO THE CITY OF NEW  YORK.
vance witll the company a suml of money sufficient to pay the
cost of his portion of the pipe required to be laid, and the ex —
pense of laying such portion.
Gascompany   SEC. 7. That every such gas light company may require that
may compel
parties to  all, each, and every person or persons to whom  such company
deposita certain sum of shall supply, or shall be requested to supply gas for lighting
money.   any building, room, or premises, deposit with such company a
reasonable sum of money, according to the number and size of
lights used or required, or proposed to be used for two calendar
months, by such persons or person, and the quantity of gas necessary to supply the same, as security for the payment of the
gas rent, or compensation for gas consumed, or rent of meter,
pipe, and fixtures, to become due to the company, provided,
however, that every such gas light company shall allow and pay
to every such depositor legal interest on the sum by him deposited, for and during the time his deposit shall remain with
the company.
Officer  or  SEC. 8. Any officer or other agent of any such gas light cornagent of
company  pany, for that purpose duly appointed and authorized by the
may    enter              4~
building,  company, may, at all reasonable times, upon exhibiting a writamli'o e ten authority, signed by the president or secretary of the
meters, otc. company, enter any dwelling, store, building, room, or place
lighted with gas supplied by such company, for the purpose
of inspecting and examining the meters, pipes, fittings, and
works for supplying or regulating the supply of gas and of
ascertaining the quantity of gas consumed or supplied, and
if any person shall, at any time, directly or indirectly, prevent
or hinder any such officer or agent from so entering any such
premises, or from making such inspection or examination at
any reasonable time, he shall, for every such offense, forfeit
and pay to the company the sum of twenty-five dollars.
Refusal o   SEC. 9. If any persons or person supplied with gas by any
pay rent,  such gas light company shall neglect or refuse to pay the rent
or remuneration due for the same, or for the meter, pipes, or
fittings, let by the company, for supplying or using such gas,
or for ascertaining the quantity consumed as required by his
or their contract with the company, or shall refuse or neglect,
after being required so to do, to make the deposit in this act
mentioned, and thereby authorized to be required, such company may prevent and stop the gas from  entering the premises of such persons or person; and in all cases in which
any such gas light company is or shall be authorized to cut
off, prevent, or stop the supply of gas from any premises, their
officers, agents, or workmen may enter into or upon any such
premises, between the hours of eight o'clock in the forenoon
and six o'clock in the afternoon, and separate, take, and carry
away any such meter, pipe, fittings, or other property of the
company, and may disconnect any meter, pipe, fittings, or




GAS IMETERS-INSPECTION OF.                            767
other works, whether the property of tile  company or not,
from  the mains or pipes of the company.
SEC. 10. Every person who shall willfully or fraudulently Ijry to
injure or suffer to be injured any meter, pipe, or fittings be- meter,etc.
longing to any such gas light company, or prevent any meter
from duly registering the quantity of gas supplied through the
same, or shall alter the index of any such meter, or in any
way hinder or interfere with its proper action or just registration, or shall fraudulently burn the gas of said company, or
waste the same, shall, for every such offense, forfeit and pay
to such company the sum  of twenty-five dollars, and in addition thereto shall pay to said company the amount of damage
by them  sustained by reason of such injury, prevention, waste,
consumption, or hindrance.
SEC. 11. Every person who shall lay or place, or cause to be Penalty for
laying any
laid or placed, any pipe to communicate with any main or pipe pipe witllot
the  same
belonging to any such gas light company, or shall otherwise passing
burn or use, or cause to be burned or used, any gas supplied or ter"h 
manufactured by said company, without having the same passed
through the meter furnished for measuring and ascertaining the
quantity of gas supplied to and consumed by such person, shall
forfeit and pay to said company the sum  of fifty dollars, and in
addition thereto shall also pay to said company the amount of
damage by them sustained in consequence, or by reason of such
forbidden act.
SEC. 12. This act and its provisions shall not be deemed
applicable to companies engaged in supplying natural gas to
consumers.
1860.-CHAPTER  CXVI.
AN ACT to provide Jfr the appointment of De.puty Inspcctors of
Gas Meters, to reside in diferent parts of this State.-Passed
31arch 24, 1860.
Thze People of the State of New York7, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The inspector of gas meters is authorized and required p cttr  of
to appoint deputy inspectors of gas meters, said deputies to re- gas mete.
side wherever gas meters are manufactured, in this state, and
who shall, in their respective places of residence, discharge the
same duties as are required of the inspector of gas meters, by
chapter three hundred and eleven of the Laws of eighteen hundred and fifty-nine, and shall be subject to the provisions of said
act; such deputies to be paid by the inspector, out of his salary,




768              ACTS RELATING TO THE CITY OF NEW YORK.
hereinafter mentioned, at the rate of two dollars per day, while
actually engaged in the discharge of such duties, and to hold
office during the pleasure of said inspector.
SalaryOf il  SEC. 2. The inspector of gas meters, appointed under and in
pursuance of "An act to provide for the inspection and sealing
of gas meters, and for the protection of consumers of illuminating
gas," passed April fourteenth, eighteen hundred and fifty-nine,
shall receive an annual salary of twenty-five hundred dollars, to
be paid in the manner as provided by said act of April fourteenth, eighteen hundred and fifty-nine.
SEC. 3. All acts and parts of acts, so far as they are inconsistent with this act, are hereby repealed.
SEC. 4. This act shall take effect immediatelvy




GlRANTS OF LAND UNDER WATER.
REVISED STATUTES-.PART I, CHAP. IX, TITLE V,
ARTICLE IV.
SEc. 82. [Sec. 67.] The commissioners of the land office shall
have power to grant, in perpetuity or otherwise, so much of the
lands under the waters of navigable rivers or lakes, as they shall
deem necessary to promote the commerce of this state, or proper
forthe purpose of beneficial enjoyment of the same by the adjacent
owner, but no such grant shall be made to any person other than
the proprietor of the adjacent lands, and any such grant that shall
be made to any other person shall be void. (As amended by ch.
283 of 1850, sec. 1.)
SEC. 83. The powers conferred on the commissioners of the og 1,and
land office by the first section of this act, are hereby extended to Hudson
lands under water, and between high and low water mark in and
adjacent to and surrounding Long Island, and to all that part of
the county of Westchester lying on the East or Hudson river or
Long Island Sound; but no grant made under this act shall
extend beyond any permanent exterior water line established by
law, and nothing contained in this act shall authorize the commiissioners of the land office to grant any lands under water
belonging to the mayor, aldermen, and commonalty of the city of
New York, nor to interfere with any property, rights, or franchises
of said corporation of the city of New York, or interfere with the
rights of the Hudson River railroad company.  (Same ch., sec. 2.)
SEC. 86. [Sec. 68.] The powers hereby vested in the said Certai w^commissioners, shall extend to lands under the water of Hudson's
river, adjacent to the state of New Jersey; and also to lands
under the waters adjacent to and surrounding  Great Barn
Island, in the city and county of New York; and to the land
between high and low water mark on said island; but no grant
shall be so made as to interfere with the rights of the corporation
of the city of New York, or to affect the navigation of the waters
surrounding the said island.
SEc. 87. [Sec. 69.] The powers of the commissioners shall Ibid
also extend to the lands under water, adjacent to and surrounding
Staten Island; but no such grant shall be so made as to interfere
with any rights of the corporation of the city of New York, or to
extend more than five hundred feet into the water, from  low
water mark.
49




770               ACTS RELATING TO THE CITY OF NEW  YORK.
1826.-CGHAPTER  LVIII.
AN  ACT relative to Improvements in the City of New  York.Passed February 25, 1826.
oomission-  I. Be it enacted by the People of the State of New York, represented
land  office in Senate and Assembly, That it shall and may be lawful for the
to  issue letters patent commissioners of the land office, and they are hereby directed
to the may —patetldermyo                                              and
or, etc., of to issue letters patent, granting to the mayor, aldermen, and
orw lr commonalty of the city of New York, and their successors fordter cth ever, all the right and title of the people of this state to the
guous  to lands covered with water along the easterly shore of the North
lands of
corporation. or Hudson's river, contiguous to and adjoining the lands of the
said mayor, aldermen, and commonalty, within the said city of
New  York, at and from  low  water mark, and running four
hundred feet into the said river, from a point on the easterly
shore of said river, four miles north from Bestaver's Killitje,
and extending therefrom north along the easterly shore of said
river to Spytden Duyvel creek, otherwise called King's bridge
creek or Harlem river; and also all the land covered with water
along the westerly shore of the East river or Sound, contiguous
to and adjoining the lands of the said mayor, aldermen, and
commonalty, at and from  low water mark, and extending four
hundred feet into the said river or sound, from a point on the
westerly shore of said river or sound, two miles north from
Corlasr's Hook, and extending therefrom  north along the westerly shore of the said East river or sound, to Spytden Duyvel
orf land ad- creek, otherwise called Harlem  river: Provided always, That
Jacent  to the proprietor or proprietors of the lands adjacent, shall have
have  proemtive   the pre-emptive right in all grants made by the corporation of
the said city, of any lands under water granted to the said
corporation by this act..
II. [This section repealed by sec. 2 of ch. 166, Laws of
1826.]
1835.-CHAPTER CCXXXII.
AN  ACT  to amend the Revised Statutes relative to  Grants of
Land under WYatcr.-Passed MIay 6, 1835.
The People of the State of New York, represented in Senate and
Assembly, do enact as Jbllows:
Proer lat   SEC. 1. The powers conferred on the commissioners of the
under water land  office by article fourth  of title fifth, chapter ninth of
part first of the  Revised  Statutes, are hereby  extended to
lands under water, and between high  and low  water mark,
in and adjacent to and surrounding  Long Island, and to all
that part of the  county of Westchester lying on the East




GRANTS OF LAND UNDER WATER.                        771
river or Long Island Sound; but no grant shall be made
within the boundaries of the city of New York, or interfere
with the rights of the corporation of said city.
SEC. 2. This act, or the act referred to in the preceding For the pur:
section, shall confer upon the said commissioners no other mrce.
power than to authorize the erection of such dock or docks
as they shall deem necessary to promote the commerce of
this state, and the collection of reasonable and accustomed
dockage from persons using such dock or docks, and the legislature may at any time regulate the same in such manner as
they shall think proper.
SEc. 3. So much of article fourth of title fifth of chapter Repea
ninth of part first of the Revised Statutes, as is inconsistent
with this act, is hereby repealed.
1858.- CHAPTER CCCLX.
AN ACT in relation to the issue of grants for land under water, by
the corporation of the city of New York.-Passed April 19, 1858.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. So much of the second section of an act for the
appointment of a commission for the preservation of the harbor
of New York from encroachments, and to prevent obstructions
to the necessary navigation thereof, passed March thirteenth,
eighteen hundred and fifty-five, viz., as follows: No grants
of land under water, in respect to which the said commissioners
are herein required to report, shall be made by the commissioners of the land office, or by the common council of the city of
New  York, or by any officer, board, or corporation, until the
further direction of the legislature in the premises, is hereby
repealed, and shall take effect immediately, but no grants are to
be made beyond the exterior lines of the city, as fixed by an act of
the legislature, passed April seventeenth, eighteen hundred and
fifty-seven, entitled " An act to establish bulkheads and pier
lines for the port of New York."




HARLEM RIVER.
1813.-CHAPTER CXLVIII.
AN ACT authorizing a Dam to be built across Hiarlem Pliver.Passed April 8, 1813.
R. Macomb   I. Be it enacted by the Peopl the the State of New York, represented
allowed to il Senate and Assembly, That it shall and may be lawful for
build a dam
across Hae- Robert Macomb, of the city of New York, his heirs and assigns,
em river, first obtaining the consent of the mayor, aldermen, and commonalty of the city of New York thereto, to build, construct, make,
and maintain a dam across the Harlem  river, from  Bussing's
Point, in the Ninth ward of the said city, to Devoe's Point, in
the  town  of Westchester, in  the  county of Westchester,
which  said  dam  may  be constructed  with  a  foundation
and  abutments of  stone  and  earth,  or  other  durable
materials, leaving  in  the centre, or  other part thereof, a
sufficient space fbr the water to pass freely through, on which
space may be constructed flood-gates, or other contrivances,
needful to contain the waters of said river, so, however, that
such dam  shall not be built, constructed, or made at or below
the place where the bridge authorized to be erected and built by
the Harlem bridge company, from Bussing's Point aforesaid, to
Devoe's Point aforesaid, shall be erected and built without the
consent of the said company: Provided always, That the said
dam shall not be so constructed as to force or cause the water
of said river to rise and overflow the salt meadows or other
grounds lying between the said dam and King's bridge, or any
part thereof, or cause the tide or other water to continue or remain on said meadows or grounds longer than the same otherwise would have done: And provided itrther, That if any damage or injury whatever shall accrue to the meadows or other
grounds aforesaid, in consequence of the building of said dam,
the said Robert Macomb, his heirs and assigns, shall indemnify
and make whole the party or parties injured, for the loss or
damage sustained by him or them as aforesaid.
ocn shall be  II. And be it further enacted, That the said dam shall be so made
made in the and built as to admit the passage of boats and vessels accustomed
dam.
to navigate the same, by means of a good and sufficient gate,
lock, apron, or other contrivance, and the said Robert Macomb,
his heirs and assigns, at his or their own expense, shall keep and
provide a suitable person to attend the same, so that no unnecessary delay may happen to those who may have occasion to pass
the same with boats or vessels as aforesaid.




HARLEM RIVER.                               773
III. And be it fJrther enacted, That the said Robert Macomb, It hall bo
his heirs and assigns, at his or their own expense, shall, at all pair.
times, keep in good and sufficient repair the said dam; and in
case the said gate, lock, or other contrivance, whereby or
through which boats are to pass as aforesaid, shall not be kept
in sufficient repair and condition, or if the said Robert Macomb,
his heirs and assigns, do not, at all times, keep a suitable person
to attend the same, or if any delay should happen to any person
who may have occasion to pass the same with boats or vessels
as aforesaid through the default of the said Robert MIacomb, his
heirs or assigns, or his or their agents or servants, he or they
shall forfeit, for every neglect, the sum of five dollars, to be recovered with costs of suit by the party injured.
IV. And be it further enacted, That the said Robert Macomb, to ha tho
his heirs and assigns forever, shall hold, have, and enjoy the sole sole right ot
using    the
right and privilege of using and employing the waters so dam- waters.
med, for milling and other purposes: Provided, That the assent
of the mayor, aldermen, and commonalty of the city of New York
to the building and constructing said dam hereinbefore mentioned, as herein aforesaid, be first obtained by the said Robert Macomb, his heirs or assigns, before he or they shall be authorized
to build or construct the same* Provided also, That nothing in Prviso.
this act contained shall be construed to affect, injure, or impair
any rights, property, or privileges which may be now vested by
law and subsisting in John B. Coles, or in any person or persons
claiming under him, or in the Harlem bridge company.
1851.-CHAPTER  CCCCLXXVIII.
AN ACT to Regulate the Planting and Taking of Oysters in the
Harlem River.-Passed July 10, 1851.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. It shall not be lawful for any person to take oysters Prohibition.
from the Harlem river, in the county of New York, in any way
or manner, during the months of June, July, or August, in any
year.
SEC. 2. Every person who shall offend against the provisions Penalty.
of the first section of this act shall incur a penalty of thirty
dollars, and in addition the value of the oysters so taken, for each
offense, and which may be sued for and recovered before any
justice of the peace of any of the towns of Westchester county,
or any of the justices of the ward courts of the city of New York,
or in any court having cognizance of the same, in the name of
any person who will sue therefor, one-half of any sum which may




774              ACTS RELATING TO THE CITY OF NEW  YORK.
be recovered and received under this section shall be paid into
the county treasury of the county in which such action may be
brought, and the other half shall be for the use of the person
who may sue for the same.
Priate eds.  SEC. 3. Any owner or lessee of the lands adjoining the waters
of the Harlem  river may have the privilege of planting oysters
in said waters, in front of their said property or lands, where
there are none now planted by others than themselves, and after
putting up a plain sign in full view of the waters in which such
oysters are planted, stating the fact that this is the private oyster
bed of (here name the owner), no person other than such owner
or his legal representative shall take up oysters on the ground
thus designated by said sign, under a penalty of fifty dollars for
each offense, and shall forfeit, in addition, the sum equal in
amount to the value of the oysters; and the penalties and
forfeitures thus imposed may be sued for and recovered in like
manner as in section two of this act.
prosectind  SEC. 4. Any constable of either of the counties of Westchester
of offenders. or New York, upon summary process, to be issued by any j ustice
of the peace or ward court of said counties, may seize and take
possession of all implements, boats, or other vessels found in the
possession of, and used by, any person violating the provisions
of this act; and such constable shall make return thereof and
hold the same in like manner as upon all attachments issued by
justices of the peace or ward court justices.
mdet han   SEC. 5. Persons prosecuted under this act may be arrested
exectionsd and held to bail in the same manner as upon warrants issued by
jw id  ustices of the peace; and, whenever a recovery shall be had for
any violation of the provisions of this act, execution shall be
issued thereon immediately, in the same manner and with the
like effect as is provided in section one hundred and forty-three,
article nine, title four, chapter two, third part of the Revised
Statues, third edition; and all the provisions of said sectionshall
apply to executions issued pursuant to the provisions of this act.
SEC. 6. This act shall take effect immediately.
1855.-CHAPTER CCCLXXIII.
AN ACT in relation to the Second Avenue Railroad Company of
the City of New York. —Passed April 12, 1855.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The Second avenue railroad company of the city of
New York are hereby authorized to construct a bridge for the




HARLE3M RIVER.                            775
use of their road across the Harlem river, at and from the termination of the Second avenue in said city.
SEC. 2. The said company are also hereby authorized to construct a bridge for the use of their road across the Bronx river.
SEC. 3. The said bridge across the Harlem river shall be constructed with a draw of not less than sixty feet in width in the
clear, and with piers not less that sixty feet apart. And the
bridge across the Bronx river shall be constructed with a draw
at least five feet wider than either of those now erected and
used over said river.
SEC. 4. The said bridges and draws shall be constructed and
maintained by said company, in such manner as not to unnecessarily impede or obstruct the navigation of said rivers.
SEC. 5. Said company shall keep some competent person stationed at each of the several drawbridges constructed by them
over said rivers, whose duty it shall be to swing the draws
whenever any vessel is approaching and about to pass either of
said bridges.
SEC. 6. This act shall not be construed so as to affect any
rights or privileges heretofore granted by the Legislature, to the
New York and New Rochelle railroad company.
SEC. 7. This act shall take effect immediately.
1855.-CHIAPTER  CCCCXXIII.
AN ACT to build a Bridge over the Harlem river at Kingsbridge.Passed April 13, 1S55.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The mayor, aldermen, and commonalty of the city of
New York, by and under the direction of the street commissioners of said city, are hereby authorized, within six months
after the passage of this act, to remove so much of the old
bridge, commonly known as the " Hadley bridge," as forms an
obstruction to the navigation of the Harlem river; and the said
mayor, aldermen, and commonalty, by and under the direction
of the said street commissioners, are hereby authorized and
directed upon and after the removal of said old bridge, to erect
and construct a new bridge on said Harlem river, of a width
not less than that of the said old bridge, and upon its present
site, to connect the county of New York with the county of




776              ACTS RELATING TO THE CITY OF NEW YORK.
Westchester; said new bridge to be constructed with a suitable
draw of not less than thirty-six feet inl width, for the passage of
vessels through the Harlem river
SEC. 2. This act shall take effect immediately.
1857.-CHAPTER  CCVII.
AN  ACT in relation to certain bridges belonging to the New York
and Harlem Railroad Company.-Passed March 31, 1857.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
ted. cO-  SEC. 1. The bridge extending from  Mott Haven to Harlem
over the Harlem river, erected by the New  York and Harlem
railroad company as their railroad bridge, and the building of
said bridge, and the using of the same as a railroad bridge, and
the right to use and maintain the same, are hereby legalized and
confirmed, the same as if said erection and use had been authorized by the several acts chartering said company, and the
several acts amendatory thereof.
To remove  SEC. 2. The New York and Harlem railroad company are herebridge    by required on or before the thirty-first day of December, one
thousand eight hundred and fifty-seven, to remove from Harlem
river the old railroad bridge, or so much thereof as shall be
requisite for the free navigation of said river.
SEC. 3. This act shall take effect immediately.
1857.-CHAPTER  DCCLXXIV.
AN ACT in relation to the Coles or Harlem Bridge, at the terminus
of the Third avenue, in the county of New York.-Passed April
17, 1857, " three-fifths being present."
The People of the State of New Yorkc, represented in Senate and
Assembly, do enact as follows:
Free bridge. SEC. 1. On the first day of April, eighteen hundred and fiftyeight, the present toll bridge, built by John B. Coles, and his
assigns, over the Harlem river at the terminus of the Third
avenue, in the county of New  York, connecting it with the
county of Westchester then to become the property of the
people of the state of New York, shall forever thereafter be a
free bridge and public highway, and shall be kept in good and




HARLEMI RIVER.                             777
sufficient repair, and be maintained and sustained as a free
bridge and public highway by the counties of New York and
Westchester, as hereinafter provided.
SEC. 2. On the said first day of April, eighteen hundred and Appontment
of bridge
fifty-eight, or immediately thereafter, it shall be the duty of thetender.
mayor of the city of New York, and the county judge of the
county of Westchester (until the then next annual meeting of
the board of supervisors of Westchester county, when it shall
be their duty to appoint), and they are hereby required to
appoint, each for the term  of one year from  the time of the
making thereof, respectively, and annually thereafter in like
manner, to appoint a suitable person to attend to the management and have the care and custody of the said bridge, and to
attend to its repairing and open the draw thereof, so as to
prevent any unnecessary delay or impediment in the navigation
of said river; and the persons so to be appointed shall each
receive an annual compensation byway of salary, not to exceed
seven hundred dollars, to be paid in monthly payments out of
the treasury of the said city, upon the usual warrant of the
said mayor and the comptroller, and out of the treasury of the
county of Westchester, in like payments by the county treasurer thereof, and the said salaries shall be levied and collected
in the same manner as other taxes for county charges are levied
and collected in the said counties, respectively.
SEC. 3. It shall be the duty of the authorities of the counties Repair  of
of New York and Westchester, and they are hereby required bd.
forever after the'first day of April, eighteen hundred and fiftyeight, to keep, maintain, and sustain the said bridge in a good
and sufficient state of repair, and to bear and pay their respective shares of the cost and'expense thereof, in proportion to
their several jurisdictions over the same as defined and fixed by
the boundary lines of said counties, respectively; and the cost
and expense, thereof, as well as the cost and expense of the
rebuilding of the said bridge, when such rebuilding may be
deemed requisite and necessary, as hereinafter provided, shall
be levied and collected as county charges' and shall be borne
and paid by the said counties respectively, in the aforesaid
proportion in the apportionment of the said cost and expense.
SEC. 4. [As amended ch. 291, Laws of 1861.]  William Briidg omMiner, James Davis, and Joseph Southworth, of the city of New
York, and William  H. Robertson and Alsop H. Lockwood, of
the county of Westchester, are hereby appointed commissioners
of the Harlem  bridge, and they are hereby authorized and
directed, whenever, in their judgment, or that of a majority of
them, and after personal examination and inspection, it shall be
found requisite and necessary, to file in the office of the clerk
of the city and county of New York, and in the office of the
clerk of the county of Westchester, a certificate under their




778              ACTS RELATING TO THE CITY OF NEW  YORK.
hands, stating that the rebuilding of the said bridge is requisite
and necessary, and shall immediately thereafter proceed to
make all necessary engagements and contracts for the rebuilding and reconstruction of said Harlem  bridge, and to have said
bridge fully rebuilt and reconstructed without any unnecessary
delay.  And the costs and expenses thereof, and of the just and
proper compensation of the commissioners not to exceed three
dollars per day for each day's service, shall be levied and
collected as other county charges are levied and collected, and
shall be borne and paid by the said counties in the aforesaid
proportion, chargeable to each of them as specified in the third
section of the act hereby  amended.  But no plan for the
rebuilding and reconstruction of said bridge shall be adopted
which, in the opinion of a majority of the commissioners, shall
obstruct the proper navigation of the Harlem river, provided
that nothing herein contained shall authorize the construction
of a high bridge or any bridge which will require a change in
the grade of Third avenue and the streets and avenues adjacent
thereto; and the said commissioners shall have no power to
make any contract or contracts for the execution of the whole
or any part of the work of the rebuilding and reconstruction of
the said bridge, for any sum exceeding the sum of two hundred
and fifty thousand dollars.
SEC. 5. All acts and parts of acts inconsistent with this act
are hereby repealed.
SEC. 6. This act shall take effect immediately.
1858.-CHAPTER  CCXCI.
AN ACT for the removal of Obstructionsfrom the Harlem river, and
for a Free Bridge over te over    same.-Passed April 16, 1858, " threefifths being present "
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Bridge to be  SEC. 1. The mayor, aldermen, and commonalty of the city of
New York, and the supervisors of the county of Westchester,
are hereby authorized and directed to erect, build, and maintain,
as hereinafter mentioned, a public free bridge for passengers,
animals, and vehicles, over and across the Harlem river, from a
point in said city at or near the terminus of the Eighth avenue,
not east of the Seventh avenue, nor west of the said Eighth
avenue, to a point in said county, at or near the terminus of the
road leading to Macomb's dam.
commis-    SEC. 2. Lewis G. Morris and Charles Bathgate, of the county,ionel8   of Westchester, and Richard F. Carman and William  James




HARLEM RIVER.                               779
Stewart, of the city of New York, and their successors to be
appointed as hereinafter mentioned, are hereby appointed and
made a board of commissioners for the purpose of erecting and
building said bridge, and all vacancies in said board shall be
supplied by the remaining commissioners; and the person thus
appointed shall be a resident of the same county of which his
predecessor was a resident at the time of his appointment.
SEC. 3. Within thirty days after the passage of this act, or as rdgfto b
soon thereafter as convenient, the said commissioners shall cause aed, etc.
to be prepared and filed, in the offices of the clerks of the counties of New York and Westchester respectively, a plan of such
bridge and a map of the lands and property necessary for such
bridge and its support, and for passage to and from the same; and
in case the said commissioners cannot obtain a grant and conveyance of such land and property on terms satisfactory to
them, it shall be the duty of such commissioners to apply to
the supreme court, at a special term thereof, to be held in the
said city, for the appointment of five persons to estimate and fix
the value of such lands and property, and to report the same to
the said court, at a special term thereof, to be held as aforesaid,
and upon the confirmation of such report, which shall also
contain the names of the owners of such lands and property, if
the same can be ascertained by such persons, such lands and
property shall vest in and belong to the said mayor, aldermen,
and commonalty, and the said county of Westchester, for the
purposes of this act.  The provisions of the act entitled " An Provisions
act to authorize the formation of railroad corporations," passed act to aply,
March twenty-seventh, eighteen hundred and forty-eight, and etc.
all acts amendatory thereof, so far as the same are applicable,
and not inconsistent with any of the provisions of this act, shall
apply to the proceedings in regard to such lands and property,
and all matters relating to such proceedings and such lands and
property, and the vesting of the title thereto. The value thus
fixed and awarded for any such lands or property shall be paid
to the persons entitled thereto by the said commissioners, out
of the moneys hereinafter mentioned, with interest thereon from
the time of the confirmation of such report.
SEC. 4. The said commissioners may at any time give notice Commnsstoners may
in writing, to any person owning or claiming to own any mate- give notice
rials, erections, or obstructions, in or over the said river, within n" t' g,
or near the line of said new bridge, to remove the same within
thirty days after the service of such notice; and in case such
materials, erections, or obstructions be not removed within said
thirty days, or within such further time as the said commissioners may in writing allow, the said commissioners shall remove the same, and such materials, erections, and obstructions,
before or after removal by them, may be sold or otherwise disposed of by said commissioners, and the parties owning the same
shall be paid the value thereof, and be compensated for all the




780               ACTS RELATING TO THE CITY OF NEW  YORK.
rights which may be lost to them, or become valueless, by such
Notice my removal.  In case the person or persons owning or claiming to
be published
in papers.  own such materials, erections, or obstructions, or their residence,
be unknown, such notice may be served by publishing the same
once a week for two weeks in one of the public newspapers
published in the city of New York, and one of the public newspapers published in the county of Westchester.
onuerisors   SEC. 5. Upon the completion of the said bridge, and every
threo yars third year thereafter, the supervisors of the county of New
to    appoint,  4
(ommis-  York shall appoint two  persons, residents of said city, and
the supervisors of the county of Westchester two persons, residents of said county, which four persons thus appointed shall
compose a board of commissioners for maintaining and keepng in   repair, and rebuilding, if necessary, such bridge, and
shall hold their offices for three years from the date of their
respective appointments, and until their successors are appointed.  Vacancies in said board shall be filled by the supervisors
of the county by  whom  the commissioner whose place is
vacant was originally appointed, and until the meeting of the
board of supervisors such vacancy shall be supplied  by the
remaining commissioners by a person resident of the county
in which the vacancy exists.  Any commissioner thus appointed may be removed from  office by a vote of two-thirds of the
board of supervisors of the county by which he was appointed,
and such board of commissioners shall have power to employ
and discharge a person or persons to attend the said bridge, and
the draw  thereof, and to keep the same in repair and good
order.
Macomlbs    SIEC. 6. Before proceeding  to the erection of said bridge,
(lam to be
removed.  the board of commissioners hereinbefore first mentioned shall
cause to be removed the present erection or structure known
as Macomb's dam, and the obstructions in the river by reason
thereof, or so much thereof as they may deem  necessary, in
the manner and subject to the obligations provided in the
fourth section of this act, and the said materials, erections,
obstructions, and  dam, shall be so removed, and the said
bridge shall be so built and erected, as to make and to keep
the said river navigable at all times of tide, according to its
natural capacity.
Expenses to  SEC. 7. The said bridge shall be erected, maintained, rebe paid by
New York paired, and rebuilt, if necessary, and all expenses under this
and Westchstert   act shall be borne and paid by the city  of New  York and
counti.  the county of Westchester equally, and there shall be imposed and raised by tax in and by  the supervisors of the
counties of New  York  and Westchester respectively,  and
included  among  the annual taxes of said  counties respectively, the amount of the expenses to be borne and paid by
each of said counties from year to year, certified to them  by




HARLEM RIVER.                                781
the commissioners from year to year, for the purposes aforesaid.  To  effect the removal of said materials, erections,
obstructions, and dam, and to build and complete said new
bridge, there shall be issued to the commissioners first above
mentioned, by the treasurer of the county of Westchester, bonds
of said county not exceeding in the aggregate the sum of ten
thousand dollars, in such amounts not exceeding one thousand
dollars each, and payable at such times not more than ten years
from their respective dates, with interest payable half yearly at
legal rates, whenever the said first mentioned board of commissioners shall require the same.  And similar bonds, to an ond'S
amount not exceeding ten thousand dollars, shall at the same
time be issued to the said commissioners by the comptroller of
the city of New  York, on their requisition aforesaid, and the
amount necessary to pay the interest on said bonds shall be
made and be raised as part of the annual taxes of said counties
respectively; and in the annual taxes of the year preceding the
maturity of said bonds, or any of them, there shall be raised by
tax by the supervisors of said counties respectively, and included
among the annual taxes of said counties respectively, an amount
sufficient to pay the bond or bonds of said county about to mature; provided, however, that in the county of Westchester the
amount of said bonds maturing, with the interest, shall be
levied, assessed, and collected upon the real and personal property taxable in said county, in the following proportions, to
wit: one-third thereof upon the towns of West Farms and Morrisania, and two-thirds thereof upon the county at large.  The
said bonds so issued shall be converted into cash at not less than
par, by the said first named board of commissioners, and the
moneys received therefrom  shall be applied and used for the
purposes aforesaid by the first mentioned board of commissioners, who shall cause such new bridge to be erected within two
years from the passage of this act.
SEC. S. There shall be at all times a turn-table draw in said
new bridge, with two openings of not less than sixty feet each.
SEC. 9. Before entering on the performance of his duties, each
and every commissioner under this act, or appointed by either
of the said boards of supervisors, shall give a bond, in a sufficient penal sum  and with sufficient sureties, to wit: the commissioners in the city of New  York, to the mayor, aldermen,
and commonalty aforesaid; and the commissioners in the county
of Westchester, to the supervisors of the county of Westchester
aforesaid, conditioned for the proper expenditure of the moneys
received, and for the faithful performance of his duties as such
commissioner.  No commissioner shall be entitled to any compensation for the performance of his duties under this act, but
his traveling expenses incurred in the performance  of such
duties shall be considered and be part of the expenses of the




782              ACTS RELATING TO THE CITY OF NEW  YORK.
erecting or maintaining and keeping in repair, or the rebuilding,
of said new bridge.
SEC. 10. All acts and parts of acts, inconsistent herewith, are
hereby repealed.
SEC. 11. This act shall take effect immediately.
1859.-CHAPTER CCCLIX.
AN  ACT  to amend chapter two hundred and ninety-one of the
Laws of eighteen hundred and Jifty-eight, entitled  " An act to
Provide for the Removal of Obstructions from Harlem River and
for a Free Bridge over the same." -Passed April 15, 1859,
" three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Timeextend-  SEC. 1. The time for the completion of the free bridge over
the Harlem river, at Macomb's dam, is hereby extended to two
years from the passage of this act.
Bonds to be  SEC. 2. It shall be lawful for the counties offWestesthester and
issued; pro-,eeds, row  New York to issue bonds to an amount not exceeding ten thouapplie.   sand dollars in each county in addition to the amount heretofore
authorized, which bonds shall be received by the commissioners
under the provisions of said act, and shall be applied to the purchase of the land and the building of said bridge, and the comptroller of the city of New York shall issue to said commissioners
upon their requisition. and the treasurer of the county of Westchester shall also issue to said commissioners upon their requisition, bonds for the amount aforesaid, or for so much thereof as
shall be required by said commissioners for the purposes of said
act.
rovisions of  SEC. 3. The provisions of the seventh section of said act shall
7 to aly. apply to the bonds hereby authorized. and to the payment and
redemption of the principal and interest thereof, and to the assessment and collection of taxes therefor in the manner specified
in said section; and the said commissioners shall, upon receiving
such bonds, give the security provided in the ninth section of
said act.
SEC. 4. This act shall take effect immediately




HARLEM RIVER.                              783
1860.-CHAPTER CXXI.
AN ACT to amend an act, entitled " An act for the Removal of
Obstructionsfrom Harlem river, and for a Free Bridge over the
same," passed April 16, 1858, as amended April 15, 1859.-Passed Mlarch 29, 1860, "three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. In addition to the moneys heretofore authorized to be New  York
and Westraised and expended for the removal of obstructions in Harlem chester
river, at Macomb's dam, and for a free bridge over the same, the may iesue
counties of New York and Westchester are hereby authorized bonds
to issue bonds, to be received by the commissioners heretofore
appointed to construct such bridge and remove such obstructions, to the amount and in the manner herein provided.
SEC. 2. The treasurer of the county of Westchester shall Boedsiot
issue to said commissioners, upon their requisition, the bonds of$0o,coo, to
said county to an amount not exceeding ten thousand dollars, by clerk of
or so much thereof from time to time as may be deemed neces- county.
sary by said commissioners. And the comptroller of the city of
New York shall issue to said commissioners the bonds of the
city and county of New York to an amount hot exceeding forty
thousand dollars, or so much thereof as may be necessary.
SEC. 3. Such bonds shall be received by said commissioners Restrictions
under the restrictions and regulations of the acts heretofore tions.
specified, and the proceeds of such bonds shall be applied solely
to the building of such bridge and the necessary expenses thereof,
and suitable approaches thereto.  And such bridge shall be
completed within eighteen months after the passage of this act.
SEC. 4. The said bonds shall be a charge upon the counties Bonds to be
a chargo on
respectively issuing the same, and the principal and interest county
thereof shall be raised by taxation, upon the real and personal issamu.ig
estate in such county subject to taxation; provided, however, that
in the county of Westchester the amount of said bonds maturing,
with the interest, shall be levied, assessed, and collected upon
the real and personal property taxable in said county, in the
following proportions, to wit: One-third thereof upon the towns
of 1Morrisania and West Farms, and two-thirds thereof upon the
county at large.  Such bonds shall be in sums not exceeding
one thousand dollars each, and payable at such times, not
exceeding ten years from date, with legal interest payable halfyearly, as said county treasurer or comptroller shall designate.
SEC. 5. This act shall take effect immediately.




7S4                ACTS RELATING TO THE CITY OF NEW  YORK.
1861.-CHAPTER  CCXCI.
AN  ACT to amend chapter seven hundred and seve2nty-fouro of' e.c
Laws of  1857, entitled' Anf act in relation to the Coles or
larlem 6bridge, at tec termination of the Third avenue, in the city
of New York.-Passed April 17, 1861, "three-fifths bein-1
present."
lTe People of the State of New  York, represented in Senzate and
Assembly, do enact as follows:
SEC. 1. [Incorporated in act amended.]
SEC. 2. In case of vacancy in the said board of commissioners
by death or resignation, it shall be filled by the supervisors of
the county entitled to fill such vacancy.
SEC. 3. All acts and parts of acts, conflicting wTith this act, are
hereby repealed.
SEC. 4. This act shall take effect immediately.




IDLE AND TRUANT CHILDREN.
1853.-CHAPTER CLXXXV.
ANAC T to Provide for the Care and Itstruction of Idle anzd Truant
Children -Passed April 12, 1853.
The People of the State of New York, represented in Senate and
Assembly,. do enact as follows:
SEC. 1. If any child, between the ages of five and fourteen Certain chldren to be
years, having sufficient bodily health and mental capacity to at- arrested, extend the public schools, shall be found wandering in the streets or anined' "tc.
lanes of any city or incorporated village, idle and truant, without
any lawful occupation, any justice of the peace, police magistrates, or justices of the district courts in the city of New York, on
complaint thereof by any citizen on oath, shall cause such child
to be brought before him for examination, and shall also cause
the parent, guardian, or master of such child, if he or she have
any, to be notified to attend such examination.  And if, on such
examination, the complaint shall be satisfactorily established,
such justice shall require the parent, guardian, or master to enter
into an engagement in writing, to the corporate authorities of
the city or village, that he will restrain such child from so wandering about, will keep him  or her on his own premises, or in
some lawful occupation, and will cause such child to be sent to
some school at least four months in each year, until he or she
becomes fourteen years old. And such justice may, in his discretion, require security for the faithful performance of such engagement.  If such child has no parent, guardian, or master, or
none can be found, or if such parent, guardian, or master refuse
or neglect, within a reasonable time, to enter into such engagement, and to give such security, if required, such justice shall,
by warrant under his hand, commit such child to such place as
shall be provided for his or her reception, as hereinafter directed.
SEC. 2. If such engagement be habitually or intentionally Penalty for
violating enviolated, an action may be brought thereon, by the overseers of gagement.
the poor, or either of them, of such city or village, in the name
of the corporate authorities thereof, and, on proof of such habitual or intentional violation, the plaintiff shall recover therein
a penalty of not more than fifty dollars, with costs.  And thereupon, the magistrate or court, before whom such recovery shall
be had, shall, by warrant, commit such child to the place so
provided for his or her reception, as aforesaid.
50




786               ACTS RiELATING TO THE CITY OF NEW  YORK.
Place oio re   SEC. 3. The corporate authorities of every city and incorpouseful occu- rated village shall provide some suitable place for the reception
pation to be
provided for of every child that may be so committed, and for the employchildren   ment of such child in some useful occupation, and his or her instruction in the elementary branches of an English education,
and for his or her propr    support and clothing.  Every child so
received shall be kept in such place until discharged by the
overseers of the poor, or the commissioners of the alms-house of
such city or village, and may be bound out as an apprentice by
them, or either of them, with the consent of any justice of the
peace or any of the aldermen of the city, or any trustee of the
incorporated village where he may be, in the same manner, for
the same periods, and subject to the same provisions in all respects, as are contained in the first article and fourth title of the
eighth chapter of the second part of the Revised Statutes,
with respect to children whose parents have become chargeable
on any city or town.
oPeS'ids,    SEC. 4. The expenses of providing and maintaining such place
for the reception, clothing, support, and instruction  of such
children shall be defrayed in the same manner as charges for
the support of paupers chargeable upon such city or village;
and the corporate authorities of every city and village shall certify to the board of supervisors of the county, at their annual
meetings, the amount necessary for said purposes, which amount
the said supervisors shall cause to be levied and collected as
part of the taxes for the support of the poor, chargeable to such
city or village.
Complaint to SEC. 5. It shall be the duty of all police officers and constabe made by
constable. bles, who shall find any child in the condition described in the
first section of this act, to make complaint to a justice of the
peace, as provided in the said section.
Justice'   SEC. 6. The fees of justices, for services performed under this
act, shall be the same as allowed by law  in cases of' vagrancy,
and shall be paid by the city or village in which they were rendered.
SEC. 7. This act shall take effect immediately.




INSURANCE.
1S57.  C-HAPTER  DXLVIII.
AN ACT to amend an act, cntitled " An act further to amend the
acts in relation to Insurances on property in this State, made by
individuals and associations ulnauthorized by law," passed lMarch
30, 1849.-Passed April 16, 1857.
T1he People of the State of New York, re.presented in Secaate and
Assembly, do enacct as follows:
SEC. 1. Sections one, two, three, and four of an act entitled Rpeal of
certain  pro"An act further to amend the acts in relation to insurances on visions as to
property in this state, made by individuals and associations,mpantr,
unauthorized by law," passed March thirty, eighteen hundred
and forty-nine, so far as the said sections are applicable to the
city and county of Nest York, but no further, are hereby
repealed, and the following ten sections are substituted therefor:
Provided, however, that any corporation or association, created Exception
by, or organized under, the laws of any government other than
the states of this Union, and having assets, funds, or capital, not
less in amount than three hundred thousand dollars, invested in
this state, shall be liable to taxation upon such assets, funds, or
invested capital, as the same is levied or assessed yearly by
law, which tax shall be paid as follows: such an amount thereof as would be equal to two per cent. upon its gross premiums
received for insurances upon property in the city of New York,
shall be paid annually, as hereinbefore provided, to the treasurer
of the fire department of the city of New York, and the residue
of said tax, requisite to make up the full amount of taxation
upon its capital as hereinbefore provided, shall be paid to the
mayor, aldermen, and commonalty of the city of New  York,
as in the case of ordinary taxation; and the payments so made
as aforesaid shall exempt such corporation or association making
the same from any and all further taxation upon its premiums,
capital, or assets; and whenever such capital shall be reduced
below said sum of three hundred thousand dollars, or withdrawn
entirely, then and in either event such corporation or association shall be liable to pay the tax upon its premiums as heretofore provided in this act.
SEC. 1. There shall be paid to the treasurer of the fire depart- Amount to
ment of the city of New York, for the use and benefit of said agenIts.
fire department, on the first day of February, in each year, by




788              ACTS RELATING TO THE CITY OF NEW YORK.
every person who shall act in the city and county of New York
as agent for or on behalf of any individual or association of
individuals, not incorporated by the laws of this state, to effect
insurances against losses or injury by fire in the city and county
of New York, although such individuals or association may be
incorporated for that purpose by any other state or country,
the sum  of two dollars upon the hundred dollars, and at that
rate upon the amount of all premiums which, during the year
ending on the next preceding first day of September, shall have
been received by such agent or person, or received by any other
person for him, or shall have been agreed to be paid for any
insurance against loss or injury by fire in the city and county
of New York, effected or agreed to be effected, or promised by
him as such agent.
Acconts or  SEC. 2. Every person, who shall act in the city and county of
New  York as agent as aforesaid, shall, on the first day of
February, in each year, render to the said treasurer of the fire
department a just and true account, verified by his oath, of all
such premiums which, during the year ending on the first day
of September, preceding, shall have been received by him, or
by any person for him, or which shall have been agreed to be
paid, for any such insurance effected or agreed to be effected, or
promised by him.
ydertaking  SEC. 3. No person shall, as agent or otherwise, effect or agree
to effect, or procure to be effected, any insurance upon which
the duty above mentioned is required to be paid, until he shall
have executed and delivered to the said treasurer an undertaking, under seal, to the fire department of the city of New
York, with such sureties as the said treasurer shall approve,
that he will annually render to the said treasurer, on the first
day of February, in each year, a just and true account, verified
by his oath, of all such premiums, which, during the year ending on the first day of September, preceding, shall have been
received by him, or by any person for him, or which shall have
been agreed to be paid for any such insurance effected, or agreed
to be effected, or promised by him, and that he will annually,
on the first day of February in each year, pay to the said treasurer
two dollars upon every hundred dollars, and at that rate upon
the amount of such premiums.
Isufficient   SEC. 4. Whenever, by reason of the failure of the sureties, or
uertakig. either of them, or for any other cause, an undertaking given
under the last preceding section shall or may be deemed insufficient by the said treasurer to secure a return of the account
and the payment of the duty aforesaid, or either of them, the
said treasurer, at his election, but not oftener than once in each
year, mav require such undertaking to be renewed.
Penalty.  SEC. 5. Every person who shall effect, agree to effect, promise
or procure any insurance mentioned in the first four sections of




INSURANCE.                                 7S9
the said act as hereby amended, without having executed and
delivered the undertaking required by the third section of said
act as hereby amended, shall, for each offense, forfeit one thousand dollars, for the use of the said fire department; and every
person who shall have been required by the said treasurer to
renew his undertaking, pursuant to the fourth section of said
act as hereby amended, who shall effect, agree to effect, promise
or procure any such insurance, without having executed and
delivered the renewed undertaking, required by said last mentioned fourth section, shall for each offense forfeit one thousand
dollars, for the use of the said fire department.
SEC. 6. It shall be lawful for the said treasurer of the fire Demand of
security andc
department, on or after the first day of February in each year, duty.
by written or printed demand, signed by him, to require from
every person who shall act in the city and county of New York,
as agent, as aforesaid, the account provided for in the second
section of said act, as hereby amended, and payment of the duty
provided for in the first section thereof; such demand may be
delivered personally to such agent, or at his office or place of
business to any person having charge thereof, or at his residence to any person of suitable age. And every such agent Penalty for
who shall, for ten days after such demand, neglect to render the
account or to pay the duty demanded, or either of them, shall
forfeit fifty dollars, for the use of the said fire department; and
he shall also forfeit for their use twenty-five dollars in addition
for every day that he shall so neglect after the expiration of
said ten days, and such additional penalty may be computed
and recovered up to the time of the trial of any suit for the recovery thereof.
SEc. 7. Every person, who shall act in the city and county of Notice  br
y  agents  of
New  York as agent, as aforesaid, shall, on the first day of Feb- change of
ruary, in each year, or within ten days thereafter, and as often neo. 
in each year as he shall change his place of business in the said
city, report, in writing, under his proper signature, to the comptroller of the state, and also to the treasurer of the said fire
department, the street and the number thereof in the said city,
of his place of business as such agent, designating in such report
the individual or individuals and association or associations for
which he shall be such agent.  And in case of default in any of Pnalty.
these particulars, such person shall forfeit, for every offense,
the sum of one thousand dollars, for the use of the said fire
department.
SEC. 8. The duty provided to be paid by the first section of suit for
duties.
said act as hereby amended, the damages for any breach of the
undertakings, or either of them, provided for in the third and
fourth sections thereof, and the pecuniary penalties imposed by
said act as hereby amended, or any or either of them, may be
sued for and recovered, with costs of suit, in any court of record




790               ACTS RELATING TO THE CITY OF NEWV YORK.
within this state, by the fire department of the city of New
York, in their own name and for their own use.
Arrest of  SEC. 9. The defendant in any action to be brought for the
recovery of any penalty incurred, or any duty or sum of money
payable under said act, as hereby amended, may be arrested, if
he is not a resident of this state, or is about to remove therefrom.  An order for the arrest of the defendant must be
obtained from  a judge of the court in which the action is
brought, or fiom  a county judge.  The order shall be made,
when it shall appear to the judge, by affidavit, that a sufficient
cause of action exists under said act, as hereby amended, and
that the defendant is not a resident of this state, or is about to
remove therefrom.
SEC. 10. The provisions of chapter one of title seven, of an
act entitled " An act to amend the act entitled' An act entitled
to simplify and abridge the practice, pleadings, and proceedings
of the courts of this state,' passed April twelfth, eighteen hundred and forty-eight," passed April eleventh, eighteen hundred
and forty-nine, and which chapter is entitled " Arrest and bail,"
fiom and including section one hundred and eighty-two to the
end of said chapter, shall apply to any arrest under the ninth
section of said act, as hereby amended, and to the proceedings
thereupon.
SEC. 2. The repeal, by the first section of this act, shall not
affect any prosecution or action commenced, or penalty, duty,
or liability, incurred, or, cause of action accrued prior to the
passage of this act, but every such action or prosecution may
lawfully proceed, and every such  penalty, duty, or liability
may be demanded and recovered as if the sections one, two,
three, and four, repealed as aforesaid, had remained in full force.




JAIL.
S114.  C-IAPTER CLXXVI.
AN  ACT relative to the Alms-Hlouse and Bridewell, and City
Prison, in the city of New York.-Passed April 15, 1814.
Vhereas, the mayor, aldermen, and commonalty of the city Recital
of New  York, have, by their memorial, represented to the
legislature that tiey are now  erecting, and have nearly completed spacious buildings at Bellevue, in the Ninth ward of the
city of New York, one of which buildings is designated by them
to be used and employed as an alms-house, and another, contiguous thereto, is designated by them to be used and employed
as a jail, for the confinement of such offenders as are to be kept
at labor during their imprisonment; and have prayed the legislature, for certain reasons set forth in their said memorial, to
establish the said.last mentioned building as one of the jails of
the said city, and to enact the hereinafter contained provisions
relative to commitment of offenders thereto, and to the city
prison and bridewell, the prayer of which memorial appears
proper to be granted: Therefbrc,
I. Be it enacted by the People of the State of New York, represented o^Net't,.
in Senate and Assembly, That one of the buildings now erecting
by the mayor, aldermen, and commonalty of the city of New
York at Bellevue, in the Ninth ward of the said city, as shall
be designated by the common council of the said city, shall
be and become one of the jails of the said city, by the
name of " The Penitentiary of the city of New York," whenever and as soon as the common council of the said city shall
deem such building sufficiently finished for the safe keeping of
prisoners; and the said building shall thenceforth be and con- colln 
tinue the jail of the said city, for the confinement and safe therein.
keeping of all persons convicted of any crime or misdemeanor,
and sentenced to confinement therein by the General Sessions of
the peace, in and for the city and county of New York, or any
court of Oyer and Terminer there; and also of all persons committed thereto by the mayor, recorder, and aldermen of the said
city, or the special justices for preserving the peace in the said
city for the time being, or any two of them; and the said Penitentiary
VIVLy  zVL ~LIV VIIIIV  NVLI~           un ider whose
penitentiary shall be under the charge of the mayor, aldermen, chage.
and commonalty of the city of New York; and the said mayor,
aldermen, and commonalty, in common council convened, shall,
from time. to time, appoint some proper person to be keeper of Keeper to be
the same, who shall hold his office during the pleasure of the aointe.




792              ACTS RELATING TO THE CITY OF NEW  YORK.
said common council, and shall be called the " keeper of the
penitentiary of the city of New York;" and all commitments
of offenders to the said jail shall be to " the keeper of the penitentiary of the city of New York."
II. [ Obsolete.]
Keeieriaorf  III.  And be it furthler enacted, That the keeper of the said
and jail to penitentiary, and the keeper of the said city prison, shall keep
receive pris- l                                       p
soners, etc. all persons committed to them respectively, in the same manner
and under the same penalties as the sheriffs of the other counties in the state ought by law to keep, in the jails of the respective counties, the criminals committed to them.
Disorderly   IV. And be it frther enacted, That it shall and may be lawful
persons may
bo commit- for the mayor, recorder, and aldermen of the said city of New
tod to the
penitentiary York, and the special justices for preserving the peace in the
onths. i said city, for the time being, or any two of them, to commit
any person who may be deemed and adjudged a disorderly person, within the meaning of the act, entitled  " An act for
apprehending and punishing disorderly persons," to the above
There to be mentioned penitentiary, to be kept at hard labor, or any work
kept at hard 
Iabor.    or employment therein, for any period not exceeding six months.
V. [Abrogated by subsequent actos.]
VI. [Abrogated by subsequent acts.]
1824. —CHAPTER  CCXIII.
AN ACT relative to the Jail of the City o'f New  York, for the
Confinement of Persons on Civil Process, and to the City Prison.
Passed April 10, 1824.
Jail for per  I. Be it enacted by the. People of' the State of New  York, represons    confined oncivilsented in Senate and Assembly, That the mayor, aldermen, and
proes'   commonalty of the city of New York, in common council convened, shall have full power and authority to cause to be erected
and built, or to appropriate any building or buildings already
built, at one or more place or places, within the said city and
county of New  York, as the jail of the said city, for the confinement of persons on civil process; and that such building or
buildings shall, whenever, and as soon.as the said mayor, aldermen, and commonalty of the city of New York, in common council convened, shall deem such building or buildings sufficient
for the safe keeping of prisoners, and shall designate the same
as such jail, be and become the jail of the said city, for the confinement of such persons as aforesaid; and shall, to all intents and purposes, be in the place and stead of the present jail




JAIL.                                  793
for the confinement of such persons as aforesaid; and that all
laws or parts of laws, relative to the jail of the said city of New
York, or to the keeper thereof, and his title and appointment,
shall apply to each and every building that may be designated
foi' the purpose of a jail, under this section.
II. Anzd be it fJrther enacted, That the said mayor, aldermen, tor ridPewll.
and commonalty of the city of New York, in common council
convened, may cause to be erected and built, or appropriate one
or more building or buildings already built, at one or more place
or places, within the said city and county of New York, as the
city prison or bridewell of the said city; and that such building or buildings shall, whenever and as soon as the said mayor,
aldermen, and commonalty, in common council convened, shall.deem  such building or buildings sufficient for the safe keeping
of prisoners, and shall designate the said building or buildings
as the city prison of the said city, separately or collectively, be
and become the city prison of the said city, for the confinement
and safe keeping of all such persons as may now  by law be
committed thereto; and shall, to all intents and purposes, be in
the stead and place of the present city prison; and that all laws
and parts of laws relative to the city prison or bridewell of the
said city, or to the keeper thereof, and his title and appointment, shall apply to each and every building, separately or
collectively, as aforesaid, that may be designated for the purpose
of a city prison, under this section.
III. An2d be it further enacted, That any other building or powerto^ap
buildings may be appropriated or erected for the jail, for the ther blildconfinement of persons on civil process, and any other building
or buildings may be appropriated or erected for the city prison of
the city of New York, whenever the mayor, aldermen, and commonalty of the city of New York, in common council convened,
shall deem it proper and necessary.
1825.-CHAPTER CLXXIX.
AN ACT relative to the Jail and Public Prisons in the City of New
York.-Passed April 15, 1825.
I. Be it enacted by the People of the State of New York, represented whe,nd
in Senate and Assembly, That whenever the prevalence of any epi- ors may be
demic, or other disease, in the jail, bridewell, city prison, or peni- rm
tentiary of or in the city of New York, shall, in the opinion of the
common council of the said city, render it necessary, it shall be
lawful for the said common council of the said city to order any
or all prisoners confined therein to be removed to any other
place, and there securely kept and confined until it shall, in the
judgment of the said common council, be safe and proper to




794              ACTS RELATING TO THE CITY OF NEW YORK.
return such prisoner or prisoners to the jail or public prison,
from which he or they were taken, and to remand such prisoner
or prisoners whenever the said common council may deem
proper.
Cr of e.s     II. And be it farther enacted, That in case of fire breaking out
in any jail or prison of the said city, or other daner or emergency, it shall be lawful for the mayor, recorder, or any two of
the aldermen of the said city, to order the removal of any or all
of the prisoners confined therein, to such other place for safe
keeping, and for such time, as the said mayor, recorder, or aldermen may deem necessary.
1846.  CHAPTER XXXII.
AN  ACT to extend the Jail Liberties of the City and County of
New York.-Passed March 18, 1846, by a two-third vote.
1The Peoplc of the State of' Necw Yorkc, repcrscnted ina Scnate and
Assembly, do enact as follows:
Jail lilertie   SEC. 1. From and after the passage of this act, all of the city
and county of New York shall be the jail liberties of said city
and county.




JURORS.
REVISED  STATUTES, PART  III,  CHAPTER  VII,
TITLE  IV.
Almr. II.-Of the Recturn and Summoning of Jurors.
SEC. S. [ Sec. 24.1 Fourteen days before the holding of any Whn jurors'1;~~',~CIVVVLI.'~LCU  (VI    Vto be drawn.
circuit court or sittings, or of any special court of Oyer and 4Wend. 675.
Terminer, whenno circuit is appointed to be held at the same
time, or of any court of Common Pleas, or mayor's court, and in
the city and county of New  York, before the holding of the
Superior Court of law or the court of General Sessions, the
clerk of the county in which such court is to be held shall draw
the names of thirty-six persons, to serve as jurors at such court,
and any number in addition thereto that shall have been ordered
according to law. [It shall be the duty of the clerk of the city
a-nd county of New York to draw the names of not exceeding
eighty-four instead of thirty-six persons, to serve as jurors in
the said Superior Court and court of General Sessions respectively, according to the provisions of the twenty-fourth section
of article second, title fourth, chapter seventh, of the third part
of the Revised Statutes.  1830, ch. 24, ~ 4.] (1)
SEC. 47. [Sec. 37.] The clerk  of the Circuit Court and crtified
sittings, the clerk of the courts of Oyer and Terminer and Gen- jurors.
eral Sessions, and the clerk of the Superior Court of law in the
city and county of New York, within one week after the termination of every sitting of their respective courts, shall deliver to
the clerk of the city and county of New York, a certified list of
all the jurors who were returned to such court, and shall specify
therein,
1. Those who appeared and served 
2. Those who were discharged on account of their being
exempt from serving on juries, or on account of their being unqualified:
3. Those who, for any other reason, were excused from serving, and those who made default in appearing and serving.
SEC. 104. [Sec. 38.] The county clerk shall return to the
box fiom which they were taken, the names of those jurors who jurg of
(1) By sec. 9, ch. 495, Laws of 1847, (post p. 799) the several courts in the city of
New York may order as many jurors summoned as they deem necessary. In case no
such order should be made by these courts, the provisions of the latter part of this section would seem to be in force.




796              ACTS RELATING TO THE CITY OF NEW YORK.
appear, from  such certified list, to have been excused from
serving, or to have made default in their appearance; he shall
destroy the ballots containing the names of those who were
discharged on account of their being exempt, or on account of
their being unqualified, and he shall deposit the ballots containing the names of those who appeared and served, in a separate
box, distinct from that from which they were taken.
Drawing on  SEC. 105. [Sec. 39.] If at the time of drawing any jury by
jurors.
the clerk, as herein provided, there shall not be a sufficient
number of ballots remaining in the first box in which they were
deposited, after drawing all that may be therein, the clerk shall
proceed to draw the necessary number from the second box
herein before mentioned, containing the names of those jurors
who have before served, and shall continue to draw from such
box, until a new return of jurors be made by the town officers
as herein provided.
Drawing of  SEC. 106. [Sec. 40.] Upon every new return of jurors being
orjrors.  made, the clerk shall destroy all the ballots remaining in either
of the boxes provided by him, and shall proceed to make out
new ballots, and deposit and draw them  in the same manner
herein prescribed for the first return of jurors.
New panels.  SEC. 109. [Sec. 43.J Any judge holding any sittings or circuit court in the city and county of New York, the judge or
judges holding the Superior Court of law, the judge holding the
court of Common Pleas, or holding the court of General Sessions of the peace, in the said city and county, may, during the
continuance of any such court, as often as it may be necessary,
order a new panel of thirty-six jurors to be drawn to attend
such court.  Upon such order being served on the clerk of the
city and county of New York, hle shall proceed to draw the
jurors so ordered, and deliver a list of the names drawn to the
sheriff, in the same manner as herein provided in relation to
other jurors.
Summoning   SEC. 110. [Sec. 44.] The sheriff shall summon such jurors in
lsnel.   the manner herein directed respecting the first jury drawn, and
shall in like manner return the names of those summoned to the
court.
Pormer     SEC. 111. [Sec. 45.] Upon the attendance of such new jurors,
Jurors to disJharge eto. the former jurors shall be discharged, and all trials and proceedings in such court shall be had before such new jurors, in the
same manner as the same might have been had before such
former jurors.




JURORS.                                797
1847.- CHAPTER  CCCCXCV.
AN ACT  in relation to Jurors in the City of New  York.Passed December 15, 1847, " three-fifths being present."
The People of thc State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. It shall not be necessary, as a qualification for alny Qualifotio
of jurors.
juror in the city of New York, that he shall actually be assessed
in the said city; but all persons residing in said city, who shall be
qualified to serve as jurors, and not exempted by any of the
laws of the state, shall be selected as such whether they have
been assessed or not.
SEC. 2. The said jurors shall be selected by a person to be comfo.
appointed by the supervisors of said city, the judges of the to be apSuperior Court and the judges of the court of Common Pleasinted.
of said city and county, and he shall be known as the commissioner of jurors, and be authorized to appoint one or more
assistants.  The said commissioner shall execute a bond to the
mayor, aldermen, and commonalty of said city, in the penalty of
five thousand dollars, with two sureties, to be approved by the
said mayor, conditioned for the faithful discharge of his duties
under this act.
SEC. 3. The said commissioner shall proceed to the selection Hs duty 1i
of such jurors immediately after the first day of May in each year, rors.
and the names shall be entered in a book, alphabetically, designating the ward, occupation, and residence of each.  After the
first day of June in each year, as soon as the list shall be completed, the said commissioner shall publish a notice, of at least
ten days, in the newspapers in which the notices of the corporation of the city of New York are printed, that the petit jury
list is ready for examination and correction at his office, and he
shall receive evidence of exemptions in the same manner as
authorized in courts of record. The names of all persons found
to be exempt from  serving as jurors shall be struck from the
list, and the ground of exemption recorded.  When the list is
completed, a certified copy shall be delivered to the county clerk,
who shall prepare the ballots and deposit them-in the box in the
manner now required by law.  The said commissioner may, at
any time, in like manner, return the names of any persons
omitted on the list, if no sufficient cause be shown to excuse
such persons, and their names shall be deposited in the box as
jurors for the residue of the year that the other jurors are to
serve.
SEc. 4. The jurors hereafter to be summoned for the several Jurors to try
courts, authorized to try issues of fact in said city, shal, on fact,how to
requisition being made by such courts respectively, directed to bedraw.
sv CIUVLVL rV~0i




798               ACTS RELATING TO THE CITY OF NEW  YORK.
the county clerk, be drawn from the petit jury box in his office,
a minute of which drawing shall be certified and filed with said
clerk as now required, who shall deliver a copy thereof to the
officers authorized to summon such jurors, who shall proceed to
summon such jurors in the manner now  required by law.  But
no fine shall be imposed by such courts on any juror failing to
attend, unless he shall have been duly summoned.  The clerks
of the said courts shall, within ten days after the said jurors are
discharged, make a return to the county clerk as provided in
section thirty-seven, article two, title four, part three, chapter
seven, of the Rtevised Statutes, and the county clerk shall proceed thereupon in the same manner now  provided for in the
thirty-eighth section of said article.
Duty   of  SEC. 5. The clerks of the several courts in said city, to which
clerks  of.
courts.   jurors are summoned, shall, within ten days after the expiration
of each term, or after the discharge of the jurors thus summoned,
make a return to the said commissioner, of all jurors fined in
their respective courts, setting forth the date when fined, the
amount of each fine, and the residence of each juror.  The said
commissioner shall notify each of the said jurors, by written or
printed notice, of the fine imposed on him, and requiring the
payment thereof, or to appear before him on a day to be named
in such notice, to show cause, if any he have, for remitting the
same, and the sai( commissioner, upon receiving a legal excuse,
shall enter an order remitting the whole, or a part of such fine.
commission-  SEC. 6. After the expiration of ten days after the day aper, when to
issue War- pointed for the hearing of the excuses of such jurors, the said
ran  to sherif.t  commissioner shall issue a warrant, directed to the sheriff of said
city and county, commanding him  to collect of the several
persons named in a schedule, to be annexed to such warra.nt,
the several sums affixed to their names respectively in such
schedule, and pay over the sameito the treasurer of the county.
The said schedule shall contain the names of the jurors fined,
the respective places of residence, and the amount of' fines imDuty of  posed on each.  The said sheriff shall proceed to collect the
amount of such fines respectively of the several persons named
in such schedule, by a levy and sale of such personal property
of such persons, in the manner provided by law on the service
of executions in civil cases, and he shall be entitled to collect
the same fees; and the said sheriff shall return the said warrant,
with his proceedings thereon, to the said commissioner, within
thirty days after the delivery thereof to him, and such return
may be enforced in the Supreme Court in the same manner as
the return of civil process; and such warrant may be renewed
in like manner in c.ases where fines have not been paid or collected.
refsaltg for  SEC. 7. Each person, applied to by the said commissioner, or
give correct his assistants, for information as to the liability of persons to
information. -




JURORS.                                  799
perform jury duty in said city, shall communicate correct information; and in  case of a  refusal to give such  information
as they may possess on the subject, or shall give false information, shall forfeit the sum of fifty dollars, to be prosecuted by
the said commissioner in the name of the mayor, aldermen, and
commonalty of said city, the money to be paid into the treasury
of the city.
SEC. 8. The grand or petit jurors summoned to attend any J~orl, sumday, in said city, by written or printed notice left at their re- not appearag, to be
spective places of residence, and not appearing before such court ordered to
pursuant to the summons, shall be ordered by the said court to how  u.
show cause before the said commissioner on the first Monday
succeeding the expiration of the term  of such court, and the
said jurors shall be summoned to appear before the said commissioner, in the same manner now  required by law, and the
same proceedings shall be had thereon by the said commissioner, as are now had by said courts in relation to defaulting
jurors.
SEc. 9. After the deposit of the ballots provided for under Cort;s may
sumnmon
this act, the several courts in said city may order as many jurors jurors.
to be summoned for their respective courts, as in their judgment may be necessary.
SEC. 10. Commandants, or other officers of uniformed military Provision
companies in said city, shall not grant certificates of member- militry
ship to any person enlisting in their respective companies, companies.
unless such members are uniformed and equipped according
to law, and intend in good faith to perform  all the service
required by law therein; and such commandants shall report to
the commissioner of jurors whenever any of the members of
their respective companies have been expelled, or cease or neglect to perform duty therein, or become liable to serve as jurors.;
and such commandants or other officers shall, in no instance,
grant certificates to honorary members with the view to evade
the performance of jury duty.  Such commandant or other
officers of uniform companies, offending against any of the provisions of this section, shall forfeit the sum of fifty dollars, to be
prosecuted by the said commissioner in the name of the mayor,
aldermen, and commonalty of said city, the money to be paid in
the treasury of said city.
SEc. 11. The said commissioner shall have authority to ad- commissionminister oaths or affirmations in any matter relating to his minister
duties, and he shall keep a record of all proceedings had before oaths.
hlim, and be entitled to receive the same fees now allowed to
clerks of courts of records for orders or copies thereof, for the
benefit of the said city and county, and the supervisors of said
city and county shall allow  the said commissioner, out of such




800              ACTS RELATING TO THE CITY OF NEW YORK.
fees and the fines which may be collected from jurors, such
reasonable compensation as they shall deem just for the duties
performed by him under this law, and the residue of the said
money collected from jurors' fines shall be paid over and applied
as now provided by law.
Books, et.,d  SEC. 12. The supervisors of said city shall provide for the
for.    payment for the books, stationery, and printing  of notices
necessary to carry into effect the provisions of this act, and they
shall also provide a suitable room and accommodations for his
office.
Provision re-  SEC. 13. No fireman of said city shall be exempted from jury
firemen.  duty, unless he actually performs' all the duty of a fireman in
his company; and to entitle him  to such exemption, he shall
produce a certificate of the foreman or other chief officer of his
company, that he is a faithful and an acting member thereof.
This provision, however, is not to affect those who are exempt
fiom serving as jurors, by reason of having served as firemen
for the period required by law.
Repeal.    SEC. 14. All acts, or parts of acts conflicting with the provisions of this act, are hereby repealed.
SEC. 15. This act shall take effect immediately.
1853.-CHAPTER CCCCXCVIII.
AN ACT in relation to Jurors in the City of New  York.-Passed
June 30, 1853.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Grandirors  SEC. 1. The persons to serve as grand jurors at courts of Oyer
to be selectrd by a and Terminer, and General Sessions, to be held in the city of
board  for
that  pur- New York, shall be selected from the persons whose names are
pose.    contained in the lists of petit jurors for the time being for said
city, by a board to consist of the mayor of such city, the presiding judge of the Supreme Court in the first judicial district,
the chief justice of the Superior Court of the city of New York,
the first judge of the court of Common Pleas, the recorder, and
the city judge of said city and county.
eetng of  SEC. 2. The said board shall meet at the office of the commissioner of jurors, in the city hall of the city of New York, as ~
soon as may be after the passage of this act, and afterwards, on
the first Monday in September in every year, and organize, by
the election of one of their number as chairman.  Four mem



JURORS.                                   801
bers shall constitute a quorum for the transaction of business,
and if a quorum be not present, the board shall adjourn from
day to day, until a quorum is obtained.
SEC. 3. The commissioner of jurors shall attend the meetings omissionof the said board, and act as clerk thereof.  He shall produce, at to  attend
the meetings of the said board, all the lists of jurors in his pos- board.
session.  If the commissioner of jurors shall be unable to attend,
another clerk may be appointed by the board.
Selection of
SEC. 4. The said board shall, within fifteen days after the persons to
first meeting, select from the lists produced by the commissioner  aa
of jurors, of persons qualified to serve as jurors in said city, a lst to be
list of the names of not less than six hundred, nor more than
one thousand persons, to serve as grand jurors of the different
courts of Oyer and Terminer, and General Sessions, to be held
in said city, until the next list shall be prepared, and the names
thereon deposited as hereinafter mentioned.  The persons so
selected, shall be intelligent citizens, of good character, and
shall be, so far as the said board may be informed, possessed of
the qualifications by law required of persons to serve as jurors
for the trial of issues of fact, and not exempted from serving as
such jurors.
SEC. 5. The lists made out in pursuance of the third section toLotalin.
of this act shall contain the christian and surnames, at length,
of the persons named therein, their respective places of residence,
and their several occupations.  It shall be signed by the officers Lists to be
composing the board, and certified by the clerk of the board,
and shall be filed in the office of the county clerk within fifteen
days, fixed by the fourth section of this act.
Names to be
SEC. 6. The lists so filed shall be prepared, and the names Nplaced in 
thereon deposited in a box, and the names of the persons to serve bo.
as grand jurors drawn therefrom  in the manner now provided
by law, except that one or more judges of a court of record
shall be present at the drawing, and certify to the same.
Drawing.
SEC. 7. The names of persons drawn as grand jurors shall, in
certain cases, be returned into the box of undrawn ballots, as
now  provided by law, and whenever the court of Oyer and
Terminer or court of General Sessions shall order the sheriff to
summon additional persons to complete the grand jury for such
court, the persons who shall be summoned by him shall be first
drawn from  the box containing the undrawn names of grand
jurors, in the manner provided for the drawing of an original
p anel.
SEC. 8. From  and after the day on which the first list of PibrnS eto
grand jurors, under the provisions of this act, shall be filed in Jsorsv 
the office of the county clerk, the persons whose names shall be
51




802               ACTS RELATING TO THE CITY OF NEW YORK.
contained in such list shall be eligible to serve as grand jurors,
and no person shall, on or after that day, be summoned to serve
as a grand juror at any court of Oyer and Terminer, or General
Sessions held in the city of New York, except his name shall be
included in the list of grand jurors, for the time being, selected
pursuant to this act.
Duty ofclerk  SEC. 9. It shall be the duty of the clerk of every court, for
in notifying
supervisors which a panel.of grand or petit jurors shall be summoned by
cases.   the sherif of the city and county of New York, to notify the
supervisors of every case in which less than a majority of
the persons named in the panel shall be returned as personally
served, and the supervisors are hereby prohibited from allowing
or paying any fees or charges to the sheriff for serving any of
the persons named in a panel, in relation to which they shall
omttntg to be so notified, or for making any return thereto. Any clerk, omitnsotifysuper- ting to notify the supervisors as required by this section, shall
be liable to a penalty of one hundred dollars for every such
omission, to be recovered by any person suing therefor.
SEC. 10. All acts and parts of acts, so far as they are inconsistent with this act, are hereby repealed.
SEC. 11. This act shall take effect immediately.
1854.-CHAPTER  CCCXCII.
AN ACT to amend an act, entitled " An act in relation to Jurors in
the City of New  York," passed December 15, 1847.-Passed
April 17, 1854.
The People of the State of New York, represented in Senate and
Assembly, do enact asfollows:
comssion-  SEC. 1. The appointment of a commissioner of jurors, propointed.  vided for by the second section of the act entitled " An act in
relation to jurors in the city of New York," passed December
15, 1847, shall be made at a meeting of the supervisors and
judges in the said section named, assembled together and acting
as one body; and a majority of said supervisors and a majority
of the judges of each of said courts, mentioned in said second
section, shall be sufficient and necessary to constitute a quorum.
Meeting of  SEC. 2. A meeting of said supervisors and judges may be
supervisors    a           f                            j       m
an judges. called at any time for the purpose of making such appointment,
on a previous notice of not less than ten days of the time and
place of such meeting, signed by the chief justice of the
Superior Court, the first judge of the court of Common Pleas,
the mayor, the recorder, and the president of the board of aldermen, or any three of them, being personally served on each of




JURORS.                                 803
said supervisors and on each of said judges, or being left at his
usual place of business or his residence, if he cannot be found
to be personally served. The person making such service shall
make proof by affidavit of the fact of such service and of the
time and manner of making it.
SEC. 3. At the time and place specified in such notice, the MajoritY
supervisors and judges attending, if a majority of said supervisors and also a majority of the said judges of each of the
courts as aforesaid be present, may make the appointment
specified in said second section; and any appointment concurred
in by a majority of the votes given of all the said supervisors
and judges shall be legal and valid.
SEC. 4. All the proceedings that have been had by and olnc ats
before, and all the official acts done by William A. Walker, as a Walker de
commissioner of jurors, and all the proceedings that have been
had by and before, and all the official acts done or that hereafter may be had before and done by Ulysses D. French, as a
commissioner of jurors, until a new appointment shall be made,
shall be held of the same force and validity as if the said William A. Walker and Ulysses D. French had been severally duly
appointed at a meeting at which all of the supervisors and all
of the said judges in said section named were present and
active.
SEC. 5. The fourth section of this act shall not affect the suits penrl
right of any suit or legal proceeding which may have been had tetoe.
or commenced, in consequence of the invalidity of any proceeding had before or official act done by either the said William A.
Walker or the said Ulysses D. French as a commissioner of
jurors, previous to the passage of this act.
SEc. 6. The clerk of the board of supervisors of said city and Clerk of sucounty shall attend the meetings to be held, as provided by this pervisors
act, and shall act as clerk thereof and keep a record of the
proceedings thereof and file the same with the records of the
said board of supervisors.
SEC. 7. This act shall take effect immediately.




LAMPS, &c. —-PRESERVATION OF.
1813.-CHAPTER LXXXVI.
ANACT to reduce several Laws relating particularly to the City oj
New York into one act.-Passed April 9, 1813.
Penalty for  CCVI. And be itjturther enacted, That if any person shall willinjuring
iamnps,   fully break, take down, or carry away, any glass lamp, already
windows,                   h          t  be hun'
knockers,  hung or fixed, or hereafter to be  hung or fixed, in any of the
etc.    streets of the city of New York, or extinguish the lights therein,
or be aiding or abetting in the same, or shall willfully break or
deface any glass, window, porch, knocker, or other fixture in
the said city, and shall be thereof convicted, before the mayor,
recorder, or any one of the aldermen of the said city, or before
either of the special justices of the said city, either by the confession of the party, or by the oath of one or more credible witness or witnesses, he or she shall, for every such offense, forfeit
a sum  not exceeding twenty-five dollars, lawful money of this
eoJ recov- state, to be recovered with costs, and levied by distress and sale
of the goods and chattels of every such offender, bywarrant under
the hand and seal of such mayor, recorder, alderman, or justice,
How appro- before whom  such offender shall be convicted: one moiety of
priated. which forfeiture, when recovered, to be paid to the treasurer or
chamberlain of the said city, for the time being, to be applied
for the purposes of providing new lamps in the room of such as
shall be so taken out or carried away, and for repairing such of
them as shall be broken or injured as aforesaid, and for the
support and maintenance of the poor of the said city; and the
other moiety of such forfeiture to be paid to the person or
persons who shall prosecute for the same to effect.
Oyrefutal of  CCVII. And be it further enacted, That -upon refusal of payfender to be ment of such respective forfeiture or forfeitures, and want of
to ridewell. sufficient distress whereon the same can be levied, it shall and
may be lawful for such mayor, recorder, alderman, or either of
the special justices of the said city, before whom such conviction or convictions shall take place, by warrant under his hand
and seal, to commit every such offender to the bridewell of the
said city, there to remain without bail or mainprise for the space
Masterliable of two months, or until such forfeiture and costs are paid;' and
if any such offense shall be committed by any apprentice, servant, or slave, such forfeiture shall be paid by his or her master,
mistress, or owner, or, in default thereof, such apprentice, servant, or slave, shall be committed to such bridewell in manner
aforesaid.




LAMPS, ETC.-PRESERVATION OF.                          805
CCVIII. And be itfiurther enacted, That it shall and nay be Offenders
lawful to and for any sheriff, deputy sheriff, constable, marshal, are,tn-' known, may
or watchman of the said city, who shall see any person commit be detained
any of the mischiefs or trespasses aforesaid in the said city, if.ly of ame
such person or persons shall be unknown to such sheriff, deputy oTmornnrY
sheriff, constable, marshal, or watchman, to seize, secure, and
detain such offender so unknown to him  as aforesaid, until he
can discover the name of such offender, or until the next
morning (if the offense shall be committed in the nighttime,
and the offender shall refuse to discover his or her name), when
such offender shall be brought before the mayor, recorder, or
one of the aldermen of the said city, or either of the special
justices of the said city, who, on conviction of such offender,
shall proceed against him  or her in the manner hereinbefore
directed: Andjftrther, In case any person shall commit any or Shveitfo"tc
either of the offenses aforesaid, in presence of such sheriff, ation of ofdeputy sheriff, marshal, or watchman, then every such sheriff,
deputy sheriff, constable, marshal, or watchman, shall forthwith
give information thereof to such mayor, recorder, alderman, or
either of the special justices of the said city, in order that such
offender may be convicted thereof, and punished in manner and
form as by this act is directed.
CCIX. And be it further enacted, That this act, or anything Tiese pro
herein contained, shall not bar or preclude any person or persons bar to suit
from  recovering his, her, or their damages against any other
person or persons who shall be guilty of any of the mischiefs or
trespasses aforesaid, but that the same may be recovered in the
same manner as if this act had never been passed.
CCX. And be it further enacted, That every person who snall Who to be
or may be present when any of the mischiefs or trespasses in guilt'
this act mentioned shall be committed, shall be deemed to be
guilty thereof, and be subject to the penalties inflicted by this
act, although he or she shall not be aiding, abetting, or assisting
therein, unless such person shall give evidence whereby to
convict the person or persons really guilty thereof, or unless he
or she shall declare upon oath that he or she came there accidentally, and that he or she doth not know who the offender or
offenders is or are. And for the more easy discovery and detection of such offenders,
CCXI. Be itfurther enacted, That if two or more persons shall Tnformer not
have been jointly concerned in committing any of the offenses penalty.
aforesaid, and one or more of them (not being before informed
against), shall, within the space of one month after the offense
committed, inform  against any or all the other or others concerned in the same offense, so as to convict him, her, or them,
the person so informing shall not be liable to the payment of
the forfeiture hereinbefore mentioned, but shall, notwithstanding his or her offense, be entitled to the reward hereinbefore
allowed to informers, anything hereinbefore contained to the
contrary thereof in any wise notwithstanding.




MAP OR PLAN OF THE CITY.
1807. —CHAPTER CXV.
AN  ACT relative to Imlrovemcnts touchiln   the laying out of
Streets and Roads in the City of New York, andfor other purposes.-Passed April 3, 1807.
Commiss.on-  I. Be it enacted by the People of the State of New Yorlc, represented
ed.     in Senate and Assembly, That Governeur Morris, Simeon De
Witt, and John Rutherford be, and they are hereby, appointed
commissioners of streets and roads in the city of New York, for
the purpose of performing the several acts and duties hereinafter
prescribed.
acancies.   II. And be it farther enacted, That in case of the death, resignation, or refusal to act of any of the said commissioners, it
shall and may be lawful for the mayor, aldermen, and commonalty of the city of New York, in common council convened, as
often as such event shall happen, to appoint and commission a
suitable person in the place of such commissioner so dying, resigning, or refusing to act, who shall have all the power and
authority vested in a commissioner by this act: Provided, That
such person, so to be appointed by the common council, shall
be a citizen of the United States, and shall not be a proprietor
of, nor interested in, any land in either of the Sixth, Seventh,
Eighth, or Ninth wards of the said city of New York.
Term.     III. And be it further enacted, That the powers and duties
hereby given to the said commissioners shall be exercised and
discharged by the said commissioners within four years from the
passing of this act, and not after.
Powers of  IV. And be it further enacted, That it shall and may be lawful
eris.    to and for the said commissioners, or any two of them, and they
shall have and possess exclusive power, to lay out streets, roads,
and public squares, of such width, extent, and direction as to them
shall seem most conducive to public good, and to shut up, or
direct to be shut up, any streets or parts thereof which have
been heretofore laid out and not accepted by the common
council of the said city, within that part of the said city of New
York, to the northward of a line commencing at the wharf of
George Clinton, on Hudson river, thence running through Fitzroy
road, Greenwich lane, and Art street, to the Bowery road; thence
down the Bowery road to North street; thence through North
street, in its present direction to the East river; and no square




MAP OR PLAN OF THE CITY.                             807
or plot of ground made by the intersection of any streets to be laid
out by the said commissioners, shall ever, after the streets around
the same shall be opened, be or remain divided by any public or
open lane, alley, street, or thoroughfare; and it shall be the duty
of the said commissioners to lay out the leading streets and great
avenues, by them to be laid out, of a width not less than sixty
feet, and in general to lay out such streets, roads, and public
squares of such ample width as they may deem  sufficient to
secure a free and abundant circulation of air among said streets
and public squares when the same shall be built upon; and
said commissioners shall not, in any case, lay out any street of
less than fifty feet in width.
V. And be it fartlher enactcd, That it shall and may be lawful Entering ou
to and for the said commissioners, and for all persons acting
under their authority, to enter, in the daytime, into and upon
any lands, tenements, or hereditaments, which they shall deem
necessary to be surveyed, used, or converted for the laying out,
opening, and forming of any street or road as aforesaid; and that
the said commissioners, or any two of them, shall cause three
similar maps of such streets and roads, so to be laid out by them
as aforesaid, and of the shores bounding the lands by them surveyed, to be made upon an extensive scale, accompanied'with
such field notes and elucidatory remarks as the nature of the
subject may require: which maps, accompanied by such field Maps, and
notes and remarks, shall be attested to by the said commis- wheren ed.
sioners, or any two of them, before any person authorized to
take acknowledgments of deeds and conveyances, and be filed,
one in the office of the secretary of state, to remain of record,
one other to be filed in the office of the clerk of the city and
county of New York, to remain of record, and the other of said
maps to belong to the mayor, aldermen, and commonalty of the
city of New York; and that the said commissioners shall erect
suitable and durable monuments at the most conspicuous angles,
or those which shall be the most eligible for that purpose, and
upon the shores of the North and East rivers, to be noted on
said maps; and that the said commissioners shall take the elevations of the several intersections or squares above high water
mark, within the boundaries aforesaid, or so many of them as
they may think sufficient, and shall delineate them, together Delinetion.
with all such hills, valleys, inlets, and streams as may be necessary, on the said maps, so as to render the same explicit and
intelligible.
CommissionVI. And be it further enacted,' That it shall not be lawful for ers nlot to
either of the said commissioners, during the time he shall be in buy lans.
office, directly or indirectly, to purchase or contract for any
lands, tenements, or hereditaments, in that part of the city of
New York to be laid out and regulated as aforesaid, and that
every deed, contract, or conveyance, contrary to the intent
hereof, shall be utterly void.




808               ACTS RELATING TO, THE CITY OF NEW  YORK.
Oath.      VII. And be itfurther enacted, That before the said commissioners enter upon the duties of their appointment, they shall
severally take and subscribe an oath before the mayor or recorder of the city of New York, faithfully and impartially to
execute the duties of their said appointment.
Plans to be   VIII. And be itfurther enacted, That the plans and surveys of
the said commissioners, or any two of them, in respect to the
laying out of streets and roads, within the boundaries aforesaid,
and the maps of the same, so to be made by them, or any two
of them, as aforesaid, shall be final and conclusive, as well in
respect to the said mayor, aldermen, and commonalty, as in respect to the owners, and occupants of lands, tenements, and
hereditaments within the boundaries aforesaid, and in respect
to all other persons whomsoever.
[Sections nine, ten, and eleven of this act repealed by section fifteen, of ch. 174, Laws of 1S12.1
Compensa-    XII. And be it further enacted, That each of the said comtion.  missioners shall be entitled to receive the sum  of not more
than  four dollars (besides all reasonable expenses for maps,
field  notes, monuments, chain  bearers, and assistants), for
each day they shall respectively be actually employed in the
duties hereby assigned to them, the same to be paid by the
mayor, aldermen, and commonalty of the city of New  York,
and assessed as aforesaid; and  that the powers of the said
commissioners shall cease when  they shall have  completed
the maps aforesaid, with  the field books and remarks aforesaid, and delivered, attested to, and filed the same respectively as aforesaid; and that, in case of the death of one of
the said  commissioners, the  survivors  shall have power to
proceed in the execution of this act, until a successor of the
deceased shall be appointed.
Construe-  XIII. And be it firther enacted, That this act shall be contilof act.  sidered, adjudged, and taken to be a public act, and liberally
expounded and construed, to advance the ends thereof.
Pleas  in   XIV. And be it further enacted, That if any person shall be
sued for anything done in pursuance of this act, it shall be
lawful for such person to plead the general issue, and to give
this act and the special matter of defense in evidence under
such plea.
Lad under   XV. And whereas, for the purpose of duly regulating  and
constructing slips and basins, and for running out wharfs and
piers, it is essential that the right to the land under water,
below  low water mark, should be vested in the corporation
of the city of New York,
Cession  of  Be it therefore further enacted, That it shall and may be lawful for the   ommissland                               office, and they are
water.   ful for the  commissioners of the land  office, and they are




MAP OR PLAN OF THE CITY.                           S09
hereby, directed to issue letters patent, granting- to the mayor,.
aldermen, and commonalty of the city of New York, and their
successors forever, all the right and title of the people of this
state, to the lands covered with water, along the easterly
shore of the North or Hudson's river, contiguous to and adjoining the lands of the said mayor, aldermen, and commonalty, within the said city of New York, at and from low water mark, and running four hundred feet into the said river
from Bestaver's killetjie or river, to the distance of four miles
to the north along the easterly shore of the said North or
Hudson's river; and also all the land covered with water, along
the westerly shore of the East river or sound, contiguous to
and adjoining the lands of the said mayor, aldermen, and
commonalty, at and from low water mark, and extending four
hundred feet into the said river, or sound, from the north side
of Corlear's hook, at the northerly boundary of the lands covered with water, whereof the said mayor, aldermen, and commonalty are now seized, to the distance of two miles to the
north, along the westerly shore  of the said East river, or
sound: Provided always, That the proprietor, or proprietors of
the lands adjacent shall have the pre-emptive right in all
grants made by the corporation of the said city, of any lands
under water granted to the said corporation by this act.
The time of filing the maps mentioned in the fifth and ninth
sections of the preceding act was 1st of April, 1811.
It is deemed important to insert the Commissioners' remarks
in connection with this act.
COMMISSIONERS' REMARKS.
The commissioners appointed in and by the act, according to
the form and effect thereof, remark on their maps, as filed, viz.,
one in the office of the secretary of state, one in the office of the
clerk of the city and county of New York, and the other belonging to the mayor, aldermen, and commonalty of the city of
New York.
That as soon as they could meet, and take the oath prescribed, they entered on the duties of their office, and employed
persons to make surveys of Manhattan Island, which they personally reconnoitered, so as to acquire the general information
needful to the correct prosecution of their work, which has been
much delayed by the difficulty of procuring competent persons,
on those economical terms which they prescribed to themselves,
and by seasons peculiarly unfavorable.
That one of the first objects which claimed their attention
was the form and manner in which the business should be conducted; that is to say, whether they should confine themselves
to rectilinear and rectangular streets, or whether they should




810              ACTS RELATING TO THE CITY OF NEW YORK.
adopt some of those supposed improvelments, by circles, ovals,
and stars, which certainly embellish a plan, whatever may be
their effects as to convenience and utility.  In considering that
subject, they could not but bear in mind that a city is to be
composed principally of the habitations of men, and that
straight-sided and right-angled houses are the most cheap to
build, and the most convenient to live in.  The effect of these
plain and simple reflections was decisive.
Having determined, therefore, that the work  should  in
general bo rectangular, a second, and, in their opinion, an important consideration, was to amalgamate it with the plans
already adopted by individuals, so as not to make any important
change in their dispositions. This, if it could have been effected
consistently with the public interest, was desirable, not only as
it might render the work more generally acceptable, but also
as it might-be the means of avoiding expense.  It was, therefore, a favorite object with the commissioners, and pursued
until after various unfruitful attempts had proved the extreme
difficulty; nor was it abandoned at last but fiom  necessity.
To show the obstacles which frustrated every effort, can be of
no use. It will, perhaps, be more satisfactory to each person
who may feel aggrieved, to ask himself, whether his sensations
would not have been still more unpleasant, had his favorite
plans been sacrificed to preserve those of a more fortunate
neighbor?
If it should be asked, why was the present plan adopted in
preference to any other?  The answer is, because, after taking
all circumstances into consideration, it appeared to be the best;
or, in other and more proper terms, attended with the least inconvenience.
It may to many be matter of surprise, that so few vacant
spaces have been left, and those so small, for the benefit of fresh
air, and consequent preservation of health.  Certainly, if the
city of New York were destined to stand on the side of a small
stream, such as the Seine or the Thames, a great number of
ample places might be needful; but those large arms of the sea
which embrace Manhattan Island render its situation, in regard
to health and pleasure, as well as to convenience of commerce,
peculiarly felicitous; when, therefore, from  the same causes,
the price of land is so uncommonly great, it seemed proper to
admit the principles of economy to greater influence than might,
under circumstances of a different kind, have consisted with the
dictates of prudence and the sense of duty.
It appeared proper, nevertheless, to select and set apart, on
an elevated position, a space sufficient for a large reservoir,
when it shall be found needful to furnish the city, by means of
aqueducts, or by the aid of hydraulic machinery, with a copious
supply of pure and wholesome water.  In the mean time, and,




MIAP OR PLAN OF THE CITY.                         811
indeed, afterwards, the same place may be consecrated to the
purposes of science, when public spirit shall dictate the building of an observatory.
It did not appear proper, only it was felt to be indispensable,
that a much larger space should be set apart for military exercise, as also to assemble, in case of need, the force destined to
defend the city. The question, therefore, was not, and could
not be, whether there should be a grand parade, but where it
should be placed, and what should be its size.  And here again
it is to be lamented that in this late day the parade could not
be brought further south, and made larger than it is, without
incurring a frightful expense.
The spot nearest to the part of the city already built, whicl
could be selected with any regard to economy, is at the foot of
those heights called Inklangberk, in the vicinity of Kip's bay.
That it is too remote and too small, shall not be denied; but it
is presumed that those who may be inclined to criticism  on
that score may feel somewhat mollified, when the collector shall
call for their proportion of the large and immediate tax which
even this small and remote parade will require.
Another large space, almost as necessary as the last, is that
which in no distant period will be required for a Public Market.
The city of New York contains a population already sufficient
to place it in the rank of cities of the second order, and is rapidly advancing towards a level with the first.  It is perhaps no
unreasonable conjecture, that in half a century it will be closely
built up to the northern boundary of the Parade, and contain
400,000 souls.  The controlling power of necessity will, long
before that period, havo taught its inhabitants the advantage of
deriving their supplies of butcher's meat, poultry, fish, game,
vegetables, and fiuit, from shops in the neighborhood.  The
dealers in those articles will also find it convenient, and so will
those from whom they purchase, to meet at one general mart;
this has a tendency to fix and equalize prices over the whole
city.  The carcass butcher, gardener, farmer, &c., will be able
to calculate, with tolerable accuracy, on the rate at which the
supplies he furnishes can be vended, and the reasonable profit of
the retailer being added, will give a price for the consumer;
varying rather by the quality of the article than by any other
circumstances. It is no trifling consideration, that, by this mode
of supplying the wants of large cities, there is a great saving of
time and of the articles consumed.  To a person engaged in profitable business, one hour spent in market is frequently worth
more than the whole of what he purchases, and he is sometimes
obliged to purchase a larger quantity than he has occasion to
use, so that the surplus is wasted. Moreover, the time spent by
those who bring articles of small value from  the country, in
retailing them out, bears such great proportion to the articles
themselves, as to increase the price beyond what it ought to be.




812                ACTS RELATING TO THE CITY OF NEW  YORKI.
In short, experience having demonstrated to every great aggregation of mankind the expediency of such arrangement, it is
reasonable to conclude that it will be adopted hereafter, and
therefore it is proper to provide for it now.  Neither is it
wholly unworthy of consideration, that the establishment of a
general mart will leave open the spaces now  appropriated to
that object, in parts of the city, more closely built than is perfectly consistent with cleanliness and health. The place selected
for this purpose is a salt marsh, and, from that circumstance,
of inferior price, though, in regard to its destination, of greater
value than  other soil.  The matter dug from  a large canal
through the middle, for the admission of market boats, will
give a due elevation and solidity to the sides, and in a space
of more than 3,000 feet long, and upwards of SOO wide, there
will, it is presumed, after deducting what is needful for the
canal and markets, be sufficient room  for carts and wagons,
without incommoding those whose business or curiosity may
induce them to attend it.
To some it may be matter of surprise that the whole island
has not been laid out as a city; to others it may be a subject of
merriment, that the commissioners have provided space for a
greater population than is collected at any spot on this side of
China.  They have in this respect been governed by the shape
of the ground.  It is not improbable that considerable numbers
may be collected at H-aerlem, before the high hills to the southward of it shall be built upon as a city; and it is improbable
that (for centuries to come) the grounds north of I-aerlenm  Flat
will be covered with houses.  To have come short of the extent
laid out might, therefore, have defeated just expectation, and
to have gone further might have furnished materials to the pernicious spirit of speculation.
For the better understanding of the map, it will be proper to
recollect, in examining it, that the term atvenue is applied to all
those streets which run in a northerly direction, parallel to each
other; these are 100 feet wide, and such of them  as can be
extended as far north as the village of Haerlem  are numbered
(beginning with the most eastern, which passes from  the west
of Bellevue Hospital to the east of Haerlemn Church), 1, 2, 3, 4,
5, 6, 7, 8, 9, 10, 11, and 12.  This last runs from  the wharf at
Manhattanville nearly along the  shore of Hudson's river, in
which it is finally lost, as appears by the map.  The avenues to
the eastward of No. 1 are marked A, B, C, and D.  The space
between 1st and 2d is 650 feet, from 2d to 3d avenue is 610
feet; the spaces from 3d to 4th, 4th to 5th (which is Manhattan
avenue, or Middle road), and from  the 5th to 6th avenue, are
each 920 feet.(l)  The spaces west of No. 6 are each of them
(1) By ch. 274, Laws of 1837, the Fourth avenue was widened on each side twenty
feet; consequently the space between the Third and Fourth avenues, and between the
Fourth and Fifth, was reduced to nine hundred feet.




MAP OR PLAN OF THE CITY.                         813
SOO feet.  The westerly side of the avenue A begins at the
intersection of the northerly side of North street, by the westerly side of Essex street.:The westerly side of the avenue B
begins on the northerly side of North street, by the westerly
side of Arundle street.  The westerly side of the avenue C
begins at the intersection of the northerly side of North street, by
the west side of Pitt street; and the westerly side of the avenue
D begins at the intersection at the northerly side of North
street, by the westerly side of Columbia street.  Those passages
which run at iight angles to the avenues, are termed streets, and
are numbered consecutively from  1 to 155.  The northerly
side of No. 1 begins at the southern end of the avenue B, and
terminates on the Bowery lane; No. 155 runs fiom Bussing's
point to Hudson's river, and is the most northern of those
which was thought at all needful to lay out as part of the city
of New York, excepting the 10th avenue, which is continued to
Haerlem  river, and strikes it near King's bridge.  These
streets are all 60 feet wide, except fifteen, which are 100 feet
wide, viz., Nos. 14, 23, 34, 42, 57, 72, 7.9, S6, 96, 106, 116, 125,
135, 145, and 155; the blocks or spaces between them being
in general about 200 feet.
The southern side of Third street touches the northeast corner
of the house occupied by Mangel Minthorne, opposite the southerly side of Great Jones street; and the blocks between First and
Third streets are of equal width. The northern side of Fifth street
touches the southerly side of Monument No. 5; and the blocks
between Third and Fifth streets are of equal breadth.  The
northerly side of Sixth street touches the southerly side of
Monument No. 6. The northerly side of Seventh street touches
the northerly side of Monument No. 7; and none of the streets,
from the First to Seventh inclusive, extend beyond the Bowery,
near the eastern side of which, the Monuments 5, 6, and 7 are
placed.  The northerly side of Eighth street touches the southwestern corner of a house built on the northerly side of Stuyvesant
street, heretofore so called, and easterly side of the Bowery. The
northerly side of Ninth street touches the southerly side of Monument No. 9; the northerly side of Tenth street touches the southerly side of Monument No. 10, and, after crossing the Sixth
avenue, becomes the southerly side of the same Tenth street.
The northerlv side of Eleventh street touches the northerly
side of Monument No.:1. The three last mentioned Monuments
are placed near the easterly side of the Bowery road; and the
Eighth, Ninth, Tenth, and Eleventh streets extend westwardly
to Greenwich lane.  The southerly side of Sixteenth street
touches the northerly side of Monument No. 16, placed near
the western side of the Bloomingdale road. The blocks between
the Eleventh and Sixteenth streets are of equal breadth, and
the Twelfth and Thirteenth streets extend westward to Hudson's river; being interrupted, nevertheless, by a north-easterly




S1-4             ACTS RELATING TO THE CITY OF NEW YORK.
angle of Greenwich lane.  All the streets, except First and
Second streets (which run into North street), extend eastwardly
to the Sound, or East river; and all the streets from Thirteenth
street northward extend from river to river, saving where they
are interrupted by public places or squares.  The southern
side of Twenty-first street touches the northern side of Monument No. 21, placed near the western side of the Bloomingdale
road; and the blocks between Sixteenth and  Twenty-first
streets are of the same width. The northern side of Fortysecond street touches the southern side of Monument No. 1 and
42, placed four-tenths of a foot eastward of the westerly side of
the First avenue; and the blocks between the Twenty-first and
Forty-second streets are of equal width.  The northern side of
the Seventy-first street touches the southern side of Monument
No. 5 and 71, whose westerly side is placed on the easterly side
of the Fifth avenue; and the blocks between the Forty-second
and Seventy-first streets are of the same width.  The northerly
side of Eighty-sixth street touches the northerly side of Monument No. 5 and 86, whose westerly side is placed on the easterly side of the Fifth avenue; and the blocks between the Seventy-first and Eighty-sixth streets are of the same width.  The
northerly side of Ninety-sixth street touches the southerly side
of Monument No. 5 and 96, whose westerly side is placed on
the easterly side of the Fifth avenue; and the blocks between
the Eighty-sixth and Ninety-sixth streets are of the same width.
The northerly side of One Hundred and Twenty-fifth street
touches the southerly side of Monument marked 1 and M, whose
easterly side is four-tenths of a foot eastward of the western side
of the First avenue; and the blocks between the Ninety-sixth and
One Hundred and Twenty-fifth streets are of the same width. The
southerly side of One Hundred and Fifty-third street touches the
southern side of the tenth mile-stone, on the King's bridge road,
at the surface of the earth; and all the blocks northward of the
One Hundred and Twenty-fifth street are of the same width. All
the avenues extend southward to the boundary marked out by
the statute, except the Fourth, which stops at the Fifteenth
street, being there lost in Union place.  This place is an irregular trapezium, bounded (as appears on the map) westwardly by
the Blobmingdale road, southwardly by Tenth street, easterly
and northerly by the Bowery road, the Broadway (which is
continued out to the Parade), Fifteenth street, the Fourth
avenue, and Sixteenth street.  This place becomes necessary
from  various considerations; its central position requires an
opening for the benefit of fresh air; the union of so many large
roads demands space for security and convenience, and the
morsels into which it would be cut by continuing across it the
several streets and avenues, would be of little use or value.
There are sundry small places equally the children of necessity,
viz.: on3 bounded northerly by Second street, southerly by
North street, and westerly by the Avenue C; another bounded




3IAP OR PLAN OF THE CITY.                       815
north by First street, southerly by North street, and westerly
by the First avenue; and a third being the space south of
Seventh street, and west of the Third avenue.
The Markct Place already mentioned is bounded northerly by
Tenth street, southerly by Seventh street, easterly by the East
River, and westerly by the First avenue.
The Parade is bounded northerly by Thirty-second street
and Thirty-fourth street, southwardly by Twenty-third street,
eastwardly by the Third avenue, from Twenty-third to Thirtysecond streets, and by the Eastern Post road, from the Thirtysecond to Thirty-fourth streets, westwardly by the Seventh
avenue; being in its greatest length, fromn east to west, little
more than 1,350 yards, and in its breadth, from north to south,
not quite 1,000.
Bloominigdale square'is bounded northerly by Fifty-seventh
street, southwardly by Fifty-third street, eastwardly by the
Eighth, and westwardly by the Ninth avenue.
Manhlattan square is bounded northwardly by Eighty-first
street, southwardly by Seventy-seventh street, eastwardly by
the Eighth, and westwardly by the Ninth avenue.
Obscrvatory square, or square for Reservoir, is bounded northwardly by Ninety-fourth, southwardly by Eighty-ninth street,
eastwardly by the Fourth, and westwardly  by  the Fifth
avenue.
IHarlem marsh is bounded northwardly by the One Ilundred
and Ninth street, southwardly by the One Hundred and Sixth
street, eastwardly by the Sound, and westwardly by the Fifth
avenue.
Finally: -Ilarlcm square is bounded northwardly by the One
Hundred and Twenty-first street, southwardly by the One
HIundred and Seventeenth street, eastwardly by the Sixth, and
westwardly by the Seventh avenue.
The position of all the AMonuments will be seen on the map;
and also the several elevations taken above high water mark.
In witness whereof, the said Commissioneris have hereunto
set their hands and seals, the 22d day of March, 1811.
GOVERNEUR MORRIS,
SIMEON DE WITT,
JOHN RUTHERFORD.




816              ACTS RELATING TO THE CITY OF NEW YORK.
1814.-CHAPTER  CLXXV.
AN  ACT to amend an act entitled " An act relative to Improvemcents
touching the laying out of Streets and Roads in the city o'f NTew
York, and for other purposes."-Passed April 15, S114.
Recital.   Whereas, The mayor, aldermen, and commonalty of the city
of Ne4w York have, by their memorial, represented to the legislature, that the public square or place laid out by the commissioners appointed by the act thereby amended, by the name of
the parade, is much larger than is requisite, and that, if the same
should be opened conformably to the map or plan made and
published by the said commissioners, the expenses thereof will
be enormous, and infinitely beyond the advantages which can
possibly arise therefrom, an hav a   ha accordingly prayed the legislature to reduce the said square; And whereas, the prayer of the
said memorial appears reasonable and proper to be granted;
Therefore,
Publican  I. Be it enacted by the People of the State of New York, repreed the pa- sented in Senate and Assembly, That the public square or place,
rade  reduced, and designated on the said map or plan, by the name of the parade,
ertain  shall be reduced and altered in the manner following, that is to
ttdcets. eX- say: The Fourth avenue and the Sixth avenue shall be extended
and continued northwardly from  Twenty-third street through
the land, which, by the said plan, was intended to form a part
of the said parade, so as to meet and unite with the said Fourth
avenue and Sixth avenue, respectively, at Thirty-fourth street;
the street designated on the said map, or plan, as Thirty-first
street, shall be extended and continued eastwardly from the
Seventh avenue through the said land, which, by the said plan,
was intended to form part of the said parade, so as to meet and
unite with the said Thirty-first street at the Third avenue; the
streets designated on the said map or plan as Thirty-second
street and Thirty-third street shall be extended and continued
eastwardly from the Seventh avenue, through the said land,
which, by the said plan, was intended to form part of the said
parade, so as to meet and unite with the said Thirty-second
street, and Thirty-third street respectively, at the easterly side
of the eastern post road; the streets designated on the said map
or plan as Twenty-fourth street, Twenty-fifth street, Twentysixth  street, Twenty-seventh  street, Twenty-eighth street,
Twenty-ninth street, and Thirtieth street, shall be extended
eastwardly from  the Seventh avenue, through the said land,
which, by the said plan, was intended to form part of the said
parade, and shall be respectively continued in a straight line to
the said Sixth avenue, so as aforesaid extended and continued;
and the said streets designated on the said map or plan as
Twenty-fourth street, Twenty-fifth street, Twenty-sixth street,
Twenty-seventh street, Twenty-eighth street, Twenty-ninth
street, and Thirtieth street, shall be extended westwardly from




MAP OR PLAN OF THE CITY.                          817
the Third avenue, through the said laid, which, by the said
plan, was intended to form part of the said parade, and shall be
respectively continued in a straight line to the said Fourth
avenue, so as aforesaid extended and continued; and the Fifth
avenue shall be extended southwardly, from Thirty-fourth street,
through the land, which, by the said plan, was intended to form
part of the said parade, and shall be continued in a straight line
to the said Thirty-first street, so as aforesaid extended and continued; and instead of the boundaries to the said parade, as
directed and prescribed by the said commissioners, it shall be,
and hereby is, bounded northwardly by Thirty-first street, continued as aforesaid, eastwardly by the Four-thavenue, continued
as aforesaid, southwardly by Twenty-third street, being the
present south boundary, and westwardly by the Sixth avenue,
continued as aforesaid.
II. And be it further enacted, That the several and respective Cerstinon
owners and proprietors of the lands and tenements which shall il  certain
blocks    to
be included in the blocks or plots of ground formed, and to be possess certaia  rights,
formed by the extension of the several streets and avenues, etc.
which, by this act, are directed to be extended as aforesaid, shall
have, hold, occupy, possess, and enjoy the same, in the same
manner as they would have been entitled to do if the commissioners had not included such lands and tenements in the said
parade, but had laid out the said square, called the parade, in
the manner in which it is reduced and designated by this act.
III. And be itfurther enacted, That the public square or place, Damags,
called the parade,: and the streets and avenues which are in and gt cfe.reainn
by this act directed to be extended and continued, shall- be estimated
opened, and the damage and benefit estimated, assessed, and  dassessed,
paid, in theisame manner as the same would have been done if
the said square, or place, and streets and avenues, had been laid
out by the said commissioners in the manner in which the said
square is reduced and designated by this act.
A  certain
IV. Alnd be it further enacted, That the act, entitled "Anact act to be
continued in
further to suspend the collection of the assessments therein men- force for a
tioned," passed 9th April, 1813, be, and the same is hereby,  limit  pcontinued in force, until the end of the next session of the
legislature; and that the report and plan relative to Canal
street, in the said city, referred to in the preamble to the said
last recited act, made by certain commissioners, therein referred
to, is not confirmed or approved of by this legislature.
52




818             ACTS RELATING TO THE CITY OF NEW YORK.
1815.-CHAPTER CLI.
AN ACT making certain Alterations in the Map or Plan of the
Caty of New York.-Passed April 11, 1815.'Preamble.    Whereas, The mayor, aldermen, and commonalty of the city of
New York have, by their memorial, represented to the legislature, that the expense of opening the public place laid out in
the said city, by the commissioners appointed in and by an act
of the legislature, entitled "An act relative to improvements
touching the laying out of streets and roads in the city of
New  York, and for other purposes," called Union place, will
be extravagantly great, and much beyond the advantage which
would arise from  opening the same, and have accordingly
prayed that the same may be discontinued, as hereinafter specified, and that the Broadway may not be carried further northwardly than Tenth street, and have further represented that
the public place laid out by the said commissioners, called
Market place, is larger than is necessary, and have prayed that
the same may be reduced as hereinafter also is specified: And
whereas, the prayer of the said memorial appears proper to be
granted: Therefore,
Union place  I. Be it enacted by the People of the State of New York, represented in Senate and Assembly, That the public square or place
designated on the said map or plan, made and published by the
aforesaid commissioners, called Union place, shall be altered in
the manner following, that is to say: the Broadway shall not be
extended or continued over or across the same; the Fourth avenue
shall be extended southwardly from Sixteenth street, and continued in a straight line to Bloomingdale road, and the streets
designated on the said map or plan as Eleventh street, Twelfth
street, Thirteenth street, Fourteenth street, and Fifteenth street,
shall be extended eastwardly from  the Bloomingdale road
through the said land, which, by the said plan, was intended to
form a part of the said Union place, and shall be respectively
continued in a straight line so as to meet and unite with the
said Eleventh street, Twelfth street, Thirteenth street, Fourteenth street, and Fifteenth street respectively, at the Bowery;
and all that certain part of the said place, designated on the
said map or plan by the name of Union place, which is bounded
northwestwardly and westwardly by the said Fourth avenue, so
continued as aforesaid, and by the Bloomingdale road, eastwardly by the Bowery, and southwardly by the Tenth street,
shall cease to be or be deemed to be a public square or place.
II. And be it further enacted by the authority aforesaid, That the
Broadway shall not be continued northwardly from the Tenth
street to the Twenty-third street, as is contemplated by the
said commissioners and designated on the said map or plan, but
that, on the contrarv, the said Broadway shall stop at the north



MIAP OR PLAN OF THE CITY.                       819
erly side of the said Tenth street, and all and singular the land
over which the Broadway would have run, and which would
have formed that street from  Tenth street to the Twentythird street, except the part of the said land required for
Eleventh street, Twelfth street, Thirteenth street, the Bowery,
Fourteenth street, Fifteenth street, Sixteenth street, Seventeenth street, Eighteenth street, Nineteenth street, Twentieth
street, Twenty-first street, and Twenty-second street, respectively, shall become part of the blocks or plots of ground
through which the said Broadway would have run according to
the said plan.
III. And be it further enacted by the authority cforesaid, That
the block or plot of ground which is on the said map or plan,
bounded southwardly by Thirteenth street aforesaid, eastwardly
by the Third avenue, and northwardly by Fourteenth street
aforesaid, shall extend to and be bounded westwardly by the
Bowery; and that the or plot of ground which is on the said
map or plan, bounded southwardly by Fourteenth street aforesaid, eastwardly by the Third avenue, and northwardly by
Fifteenth street aforesaid, shall extend to and be bounded westwardly by the Bowery and the Fourth avenue, and that the
streets designated on the said map or plan as Fourteenth street
shall be extended westwardly from the eastwardly side of the
Broadway as now designated on the said map, to the Bowery;
and the street designated on the said map or plan as Fifteenth
street shall be extended westwardly from  the easterly side of
the Broadway to the said Bowery.
IV. And be it further enacted by the authority aforesaid, That the arkct
public square or place designated in the said map or plan, by
the name of the Market place, shall be reduced and altered in
the manner following, that is to say: the avenues designated Aterations.
on the said map or plan by the names of Avenue A, Avenue
B, and Avenue C, shall be extended and continued northwardly
from  Seventh street through the said land, which, by the said
plan, was intended to form a part of the said Market place, so
as to meet and unite with the said Avenue A, Avenue B, and
Avenue C, respectively, at Tenth street; and the streets designated on the said map or plan, by the names of Seventh street,
Eighth street, Ninth street, and Tenth street, shall be extended
eastwardly from the avenues designated on the said map or
plan by the name of First avenue, through the said land, which
by the said plan was intended to form part of the said Market
place, and shall be respectively continued in a straight line to
the said Avenue C, so as aforesaid extended and continued.
Owners and
proprietors
V. And be itfurther enacted by the authority aforesaid, That the included in
several and respective owners and proprietors of the lands and thplots o
tenements which shall be included in the blocks or plots of e dt
ground formed or to be formed by the extension of the several the extenMion.




820              ACTS RELATING TO THE CITY OF NEW YORK.
streets and avenues which by this act are directed to be
The owners           a      i   a   +he
and proprie exteded as aforesaid; and the several and respective owners
torsfro,,tin and proprietors of the lands and tenements fronting on the
te be unitedBowery, and which, by the third section of this act, are
and connect- 
ed with the directed to be united and connected with the blocks or plots of
blocks therein mention-ground therein mentioned; and the several and respective
Owners of owners and proprietors of the lands over which the said Broadah  over way would have run, and which would have formed that street
Broadway from  Tenth street to Twenty-third street, according to the
would have                             
run, shall map or plan of the said commissioners, except as is excepted in
etc. hld, the second section of this act, shall have, hold, occupy, possess,
and improve the same in the same manner that they would
have been entitled to do if the said commissioners had not included such lands and tenements in the said Mlarket place, Union
place, and Broadway, but had laid out the said Market place
and the lands in the vicinity of the said Union place, in the
manner designated by this act.
VI. And be it further enacted by the authority aforesaid, That
the public square or place called Market place, and the streets
and avenues which are in and by this act directed to be extended
]Dammaesg    and continued, shall be opened, and the damage and benefit
assessed.  estimated, assessed,: and paid in the said manner as the same
would have been done if the said square or place and the
streets and avenues had been laid out by the same commissioners in the manner directed by this act.
1S16.-CHAPTER XXVIII.
AN  ACT' to authorize the Alayor, Aldermen, and Commonalty of
the City of New York to extend Iudson street to the Ninth avenue.Passed March 1, i816.
Preamble.    Whereas, the mayor, aldermen, and commonalty of the city
of New York have represented that they are desirous to extend
Hudson street from Greenwich lane, northwardly, to the Ninth
avenue, but that their power, in relation to laying out, extending, and improving streets, does not enable them so to do; and
have prayed the aid of the legislature in the premises; And,
whereas, the said prayer appears proper to be granted, Therefore,
strdtto be  I. Be it enacted by the People of the State of New York, represented
extended. in Senate and Assembly, That it shall and may be lawful for the
mayor, aldermen, and commonalty of the city of New York,
whenever, in their opinion, it shall be proper, to order and direct
Hudson street to be opened and extended from Greenwich lane,
northwardly, to the Ninth avenue, in such course and manner
as they shall deem best, and to cause the same to be done




MAP OR PLAN OF THE CITY.                       821
accordingly, notwithstanding it may become necessary for that
purpose to remove any buildings, or to take any lands, tenements, hereditaments, or premises whatsoever.
II. And be it further enacted, That the said Hudson street shall cxpenses, 
be opened and extended, and the lands, tenements, hereditaments, estimated.
and premises required for the purpose, shall be taken, and the
loss and damage, and benefit and advantage, to the parties and
persons respectively injured or benefited, shall be estimated
and assessed in the manner mentioned and provided in and by
that part of the act, entitled "An act to reduce several laws
relating particularly to the city of New York into one act,"
passed April 9, 1813, which is under the head of" opening and
laying out streets, &c.," and the proceedings, inrelation to the
opening and extending of Hudson street as aforesaid, shall conform in all respects to the provisions of the said act, and shall
be as valid and effectual, to all intents and purposes, as though
the mayor, aldermen, and commonalty of the city of New York
had been authorized, in and by that act, to open and extend
the said Hudson street in the manner herein and hereby
authorized.
1819. CHAPTER  CCII.
AN ACT relative to Harman street in the City of New  York.Passed April 13, 1819.
I. Be it enacted by the People of the State of New York, represented in Senate and Assembly, That the mayor, aldermen, and
commonalty of the city of New York may suspend the extending, enlarging, and improving of Harman street, for such time
or times as they shall think proper: And further, That the said
mayor, aldermen, and commonalty shall not be required to pay
any sums of money which have been awarded to any person on
account of the extending, enlarging, and improving said street,
until the expiration of four months after the expiration of the time
or times which may be appointed by them as aforesaid, for carrying the said improvements into effect.
II. And be it further enacted, That it shall be lawful for the
mayor, aldermen, and commonalty of the city of New York to
order that all the proceedings which have taken place, relative
to the extending, enlarging, and improving the said street, shall
be vacated and annulled; and thereupon all the said proceedings shall cease to have any force or validity whatever.




822              ACTS RELATING TO THE CITY OF NEW YORK.
1821.- CHAPTER CLXXII.
AN ACT to provide for the Expense of Extending the Battery in
the City of New York, and bfr other Purposes.-Passed March
27, 1821.
batetexnded  I. Be-it enacted by the People of the State of New  York, repre6o00 et / sented in Senate and Assembly, That it shall be lawful for the
mayor, aldermen, and commonalty of the city of New York to
extend that part of the said city usually called the Battery into
the bay and North and East rivers, such distance as they may
And estbed deem proper, not exceeding six hundred feet: And farther, That
in the cor-udefe
poration.  all the title of the people of this state in and to the land and
the land under water, in front of and adjoining to the said Battery, and extending from thence into the bay and the North and
East rivers, a distance not exceeding six hundred feet, shall be,
and the same is hereby, vested in the mayor, aldermen, and commonalty of the city of New York and their successors forever,
Purposes.  to remain for the purpose of extending the said Battery for a
public walk, and for erecting public buildings and works of
defense thereon, but without any power to dispose of the same
for any other use or purpose whatsoever, and without any power
of selling it, or any part thereof.
Sims to be  II. And be it Jurther enacted, That the mayor, recorder, and
tax,andhow, aldermen of the said city, or a majority of them, of whom  the
mayor or recorder shall be one, shall be, and are hereby, authorized
and required, as soon as conveniently may be, after the passing
of this act, and once in each and every year thereafter, until a
sum which will be sufficient to defray the expense of extending
the Battery as hereinafter mentioned, not exceeding the sum of
one hundred and fifty thousand dollars, shall be raised, to order
and cause to be raised by tax on the estates real and personal of
the freeholders and inhabitants of and situated within the wards
of the said city, hereinafter mentioned, and to be collected, the
sum of twenty-five thousand dollars, which sum shall be so assessed and taxed on the said wards in the proportion hereinafter
mentioned, to wit: on the First ward of the said city, the sum
of six thousand six hundred and sixty-six dollars; on the Second
ward, the sum of five thousand dollars; on the Third ward, the
sum of five thousand dollars; on the Fourth ward, the sum of
two thousand three hundred and thirty-four dollars; on the Fifth
ward, the sum of one thousand six hundred and sixty-six dollars;
on the Sixth ward, the sum of one thousand three hundred and
thirty-four dollars; on the Seventh ward, the sum of one thousand dollars; on the Eighth ward, the sum  of one thousand
dollars, and on the Tenth ward, the sum  of one thousand
dollars.
Tax, how ap-  III. And be it further enacted, That said tax shall be assessed,
levied, etc. levied, and collected, in the manner directed by the act, entitled
"An act for the assessment and collection of taxes."




MAP OR PLAN OF THE CITY.                        82s
IV. And be it further enacted, That the whole of the money Appropriawhich shall be so raised shall be appropriated towards defraying 
the expenses which have been, or may be, incurred by extending the Battery as aforesaid.
1.824.-CHAPTER X.
AN ACT making further alteration in the Maap or Plan of the City
of New York.-Passed January 22, 1824.'Whercas, the mayor, aldermen, and commonalty of the city Preambe.
of New York have, by their memorial, represented to the legislature, that the piece of land laid out in the said city for a
public market place, by the commissioners appointed in and by
an act of the legislature, entitled "An act relative to improvements, touching the laying out of streets and roads in the city
of New York, and for other purposes," and which is designated,
in the. map or plan of the said commissioners, by the name of
"Market place," is not an advantageous or convenient position
for the purpose contemplated, and that the narrow pieces of
land, called Children of Necessity, formed by the intersection of
the streets laid out by the said commissioners called First street
and Second street, with the street called North street, and
which are reserved as public places in the said map or plan,
are of no public advantage, and that it would be expedient to
relinquish all right to and control over the said market place
and narrow pieces of land, to the end that the proprietors thereof may proceed in the free and unrestrained use and improvement of the same, and have accordingly prayed that the said
map or plan may be altered accordingly: And by the same
memorial have also represented that the short avenues laid out
by the said commissioners, severally called and designated on
the said map or plan by the names of Avenue A, Avenue B,
Avenue C, and Avenue D, all terminating in the waters of East
river, within a short distance from their commencement, are of
unnecessary breadth; and have prayed that the same may be
reduced as is hereinafter specified; And whereas, The prayer of
the said memorial appears to be reasonable, and in conformity
with the wishes of the proprietors of the land so appropriated,
as expressed by their petitions to the said mayor, aldermen, and
commonalty 
I. Be it therefore enacted by the People of the State of New York, Certn alrepresented in Senate and Assembly, That all the residue of the made in the
public square or place designated in the map or plan of the "'
said commissioners by the name of Market place, as heretofore
altered and reduced by the act entitled "An act making certain
alterations in the map or plan of the city of New York," shall
cease to be considered as a market place, or as otherwise re



S24              ACTS RELATING TO THE CITY OF NEW YORK.
served for public purposes; and that the said Avenue D  shall
be extended, and continued northwardly from Seventh street, so
as to meet and unite with the same avenue at Tenth street, and
the streets designated on the said map or plan by the names of
Seventh street, Eighth street, Ninth street, and Tenth street,
shall be respectively extended and continued in a straight line
eastwardly from the said Avenue C, through the land intended
for the said market place to the East river, and that the piece
of land lying between the avenue, designated on the said map
or plan by the name of the First avenue, and the said Avenue
A, and between First street (to be continued as hereinafter directed) and North street, and also the piece of land lying between the said Avenue C and the said Avenue D, and between
Second street (to be continued as hereinafter directed) and North
street, shall cease to be considered as public places, or as reserved
for public purposes, and that the said street called First street
shall be extended and continued in a straight line eastwardly
from the First avenue to the said Avenue A, and that the said
street called Second street shall be extended and continued in
a straight line eastwardly from the said Avenue C to the said
Avenue: D.
certain oewnf  II. And be it further enacted, That the several and respective
ers.    owners and proprietors of the lands and tenements which shall
be included in the blocks or plots of ground formed, or to be
formed, by such extension of the said Avenue D, and of the said
several streets by this act directed to be extended as aforesaid,
shall have, hold, occupy, possess, and enjoy the same, in the'
same manner as they would have been entitled to do, if the said
commissioners had laid out the said avenue and streets in the
manner directed by this act, and had not designated the said
lands as reserved for any public use or purpose.
Width of cer  II./ And be itfurther enacted, That the width of the said Avetaiu avenues
nue A shall be reduced to eighty feet, by taking off twenty
feet from the easterly side of the same, and that the width of the
said Avenues B, C, and D shall be each reduced to sixty feet, by
taking off forty feet from the easterly sides of the same respectively; and that the respective owners and proprietors of the
lands on the easterly sides of and next contiguous to the said
several avenues, as now laid out on the said map or plan, shall
have, hold, possess, and enjoy the lands, so to be taken off from
the said several avenues, in the same manner as they now hold,
possess, and enjoy such contiguous lands.




MAP OR PLAN OF THE CITY.                         825
1826.-CHAPTER  CLXVI.
AN ACT to amend an act, entitled  An act relative to Improvements in the City of New York7."-Passed April 13, 1826.
I. Be it enacted by the People of the State of New York, repre- Permanent
sented in Senate and Assembly, That Tompkins street, along the street along
East river, as laid out and approved by the mayor, aldermen, river.
and commonalty of the city of New York, shall be the permanent exterior street on the East river, between Rivington street
and Twenty-third street; and East street on the said river, between Grand street and Rivington street, as laid out and
approved as aforesaid, shall be the permanent exterior street, as
so laid out and approved; and that all grants made or to be
made by the said miayor, aldermen, and commonalty shall be
construed as rightfully made to extend thereto; and that all the
provisions of the act, entitled "An act to reduce several laws
relating particularly to the city of New York into one act,"
passed April 9, 1813, and the several acts amendatory thereof
and in addition thereto, shall be construed to apply to said
Tompkins street and East street.
II. And be it further enacted, That the second section of the
act of the twenty-fifth February, one thousand eight hundred
and twenty-six, hereby amended, be, and the same is hereby
repealed.
1827.-CHAPTER CCXXXIX.
AN ACT relative to the act, entitled " An. act to providefor the permanent Regulation of certain Streets in the City of New  York,"
passed April 10, 1823.-Passed May 14, 1827.
I. Be it enacted by the People of the State of New York, repre- Act of 1823
sented in Senate and Assembly, That the act entitled "An act to repeaed.
provide for the permanent regulation of certain streets in the
city of New York, passed April 10, 1823, be, and the same is
hereby, repealed; and that the commissioners therein mentioned
to be appointed be, and they hereby are, discharged from  the
trust and duties imposed:on them by the said act, and that all
or any proceedings which may have been commenced, carried
on, or completed, for pitching, or pitching and paving, any
street or avenue in the city of New York, south of Fourteenth
street, and westward of the Bowery, and within the purview of
the act hereby repealed, under and by virtue of the one hundred
and seventy-fifth section of the act entitled "An act to reduce
several laws relating particularly to the city of New York into
one act," passed April 9, 1813, or under any other section
thereof, or any other act than that above mentioned, in addition




S26              ACTS RELATING TO THE CITY OF NEW YORK.
to or amending the said act of the 9th April, 1S13, shall be
valid and effectual, to all intents and purposes, in like manner
as if the act hereby repealed had never been in effect.
scribed fr  II. And be itfarther enacted, That the limits on the East river
ertaa ve- in relation to vessels coming to the city of New York, as prescribed in the third section of the act to provide against
infectious and pestilential diseases, passed March 21, 1823, be,
and the same are hereby, extended southwardly to a point
where Eighth street meets said river.
1827.-CHAPTER  CCLXVIII.
AN ACT authorizing the Extension of Lafayette Place.-Passed
April 14, 1827.
Be it enacted by the People of the State of New York, represented
in Senate and Assembly, That the street or place called Lafayette
place, in tile Ninth ward of the city of New York, extending from
Jones street northerly to Art street, and being of the width of
one hundred feet throughout, shall and may be extended by the
mayor, aldermen, and commonalty of the city of New  York,
whenever they shall deem it desirable for the public convenience
so to do, upon its present lines, and of its present width, northerly from Art street through the plot of ground made by the intersection of Broadway, Art street, and Eighth street, to the
southwesterly side of Eighth street, anything contained in the
act, entitled "An act relative to improvements, touching the
laying out of streets and roads in the city of New York, and for
other purposes," passed April 3, 1807, to the contrary notwithstanding; and that whenever the said mayor, aldermen,
and commonalty of the city of New York shall deem it desirable
for the public convenience so to extend Lafayette place, as aforesaid, they may order and direct the same to be done in like
manner, and that the like proceedings shall be thereupon had,
in relation to the said extension of Lafayette place, as if the said
extension of Lafayette place was in a part of the said city not
laid out into streets, avenues, squares, and public places, by the
commissioners of streets and roads in the city of New York,
under and by virtue of the said mentioned act; and that all the
provisions relative to the extension of streets in that part of the
said city not laid out as aforesaid, which are contained in the
act, entitled " An act to reduce several laws relating particularly
to the city of New York into one act," passed April 9, 1813,
and the several acts altering and amending the same, shall be
construed to apply to the said extension of Lafayette place.




MAP OR PLAN OF THE CITY.                         827
1S28.-CHAPTER CXLIX.
AN ACT relative to Improvements in the City of New York, relating to West street.-Passed March 31, 1828.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. I. West street, along the North or Hudson river, as laid
out and approved by the mayor, aldermen, and commonalty of
the city of New York, shall be the permanent exterior street on
the North or Hudson river, from the present northerly termination of West street to its intersection with a continuation of the
Great Kill road; and that all grants made or to be made by the
said mayor, aldermen, and commonalty shall be construed as
rightfully made to extend thereto, and all the provisions of the act,
entitled " An act to reduce several laws relating particularly to
the city of New York into one act," passed April 9, 1813, and the
several acts amendatory thereof, and in addition thereto, shall
be construed to apply to said West street herein and hereby
made the permanent exterior street as aforesaid.
1828.-CHAPTER CCLXIV.
AN ACT authorizing the Extension of certain Streets in the City of
New York.-Passed April 19, 1828.
The People of the Stale of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. Mercer street, Green  street, Wooster street, and
McDougal street, in the Ninth ward of the city of New York,
and Lewis street, in the Eleventh ward of the said city, shall
and may be extended by the mayor, aldermen, and commonalty
of the city of New York, upon their present lines, and of' their
present respective widths, northerly from their present termination, to Eighth street, anything contained in the act, entitled
"An act relative to improvements touching the laying out of
streets and roads in the city of New York, and for other purposes," passed April 3, 1807, to the contrary notwithstanding; and whenever the said mayor, aldermen, and commonalty
of the city of New York shall deem it desirable for the public
convenience so to extend the said streets, or any of them,
as aforesaid, they may order and direct the same to be done in
like manner, and the like proceedings shall be thereupon had in
relation to the said extension or extensions, as if the said extension or extensions were in a part of the said city not laid out
into streets, avenues, squares, and public places, by the commissioners of streets and roads in the city of New York, under




328              ACTS RELATING TO THE CITY OF NEW YORK.
and by virtue of the said last-mentioned act; and all the provisions relative to the extension of streets in that part of the said
city not laid out as aforesaid, which are contained in the act,
entitled " An act to reduce several laws relating particularly
to the city of New York into one act," passed April 9, 1813,
and the several acts altering and amending the same, shall be
construed to apply to the said extension of all and every, of the
before-mentioned streets.
lS29.-CHAPTER CCLXVII.
AN ACT authorizing the Mayor, Aldermen, and Commonalty of
the City of New York to erect a Public Market, and to lay out and
open a Public Street in the Eleventh TWard of the said City.Passed April 25, 1829.
The People of the State of New York, represented in Senate and
Assembly, do cnact as follows:
Market.   SEC. 1. It shall be lawful for the mayor, aldermen, and conmmonalty of the city of New York to cause a public market to
be erected upon that certain piece of land, whereof they are
now seized in fee simple, situate in the Eleventh ward of the
said city, along the easterly line of the Third avenue, and
between Sixth street and Seventh street, being one hundred and
eighty-one feet nine inches on the easterly and westerly sides
thereof, and one hundred feet on the northerly and southerly
sides thereof, and such market shall be known and designated
by such name as may be determined by a resolution of the said
mayor, aldermen, and commonalty in common council.
Pmrmises    SEC. 2. It shall be lawful for the said mayor, aldermen, and
commonalty, or their successors, whenever they shall deem the
continuance of such market upon the aforesaid premises unnecessary, to convert the said premises to any other public
purpose or purposes, or otherwise to dispose of the same as they
may think fit.
Street.    SEC. 3. It shall be lawful for the said mayor, aldermen, and
commonalty to lay out and open a street of the width of fifty
feet in the said Eleventh ward, between Sixth street and Seventh street, the westerly side of which shall be one hundred feet
distant from the easterly side of the Third avenue, by appropriating for that purpose certain land, whereof the said mayor,
aldermen, and commonalty are now seized in fee simple; and
such street, when so laid out and opened, shall be, to all intents
and purposes, a public street of the said city, and shall be known
and designated as such, by such name as the said mayor, aldermen, and commonalty may, by a resolution in common council
for that purpose, determine.




MAP OR PLAN OF THE CITY.                         829
1829.- CHAPTER CCLXIX.
AN  ACT making certain Alterations in the Map or Plan of the
City of New York.-Passed April 25, 1829.
The People of the State of New York, represented in Senate and
Assembly, do enact as bfllows:
SEC. 1. All the residue of the public square orplace designated Para~o.
in the map or plan of the commissioners appointed in and by
the act of the legislature, entitled "An act relative to improvenents touching the laying out of streets and roads in the city
of New York, and for other purposes," passed April 3, 1807,
by the name of Parade, as heretofore altered and reduced by
the act passed April 15, 1814, entitled "An act to amend an
act, entitled'An act relative to improvements touching the
laying out of streets and roads in the city of New York, and
for other purposes,' " shall cease to be considered as a parade,
or as otherwise reserved for public purposes.
SEC. 2. The avenue designated on the said map or plan as Fifth avenue
the Fifth avenue shall be continued northwardly through the
said land, so as to meet and unite with the same avenue at
Thirty-first street, and the streets designated respectively on the
said map or plan as Twenty-fourth, Twenty-fifth, Twenty-sixth,
Twenty-seventh, Twenty-eighth, Twenty-ninth, and Thirtieth
streets, shall be extended westwardly from the Fourth avenue
through the said land, and shall be respectively continued in
a straight line to the Sixth avenue.
SEC. 3. The several and respective owners and proprietors of Rights of the
the lands and tenements which shall be included in the blocks owters 
or plots of ground formed, or to be formed, by such extension
of the said Fifth avenue, and of the said several streets by this
act directed to be extended as aforesaid, shall have, hold,
occupy, possess, and enjoy the same, in the same manner that
they would have been entitled to do if the said commissioners
had laid out the said avenue and streets in the manner directed
by this act, and had not designated the said lands as reserved for
any parade or public use or purpose.
SEC. 4. Whenever the said Fifth avenue, and the said streets Assessnent.
hereinbefore mentioned, shall be opened, the damage and benefit
shall be estimated, assessed, and paid, in the same manner as the
same would have been done if the said avenue and streets had
been laid out by the said commissioners in the manner directed
by this act.




830              ACTS RELATING TO THE CITY OF NEW YORK.
1830.'CHAPTER VIII.
AN ACT relative to the Line of West street, between.the Albany
Basin and Battery Place (late Markeqfield street), in the City of
New York —Passed January 18, 1830.
The People of the State of New York, reprcsented in Senate and
Assembly, do enact as follows:
SEC. 1. It shall be lawful for the mayor, aldermen, and commonalty of the city of New York, whenever West street shall
be made between the Albany basin and Battery place (late
Marketfield street), in the said city, to alter the plan or direction
thereof as heretofore laid out, approved of, or agreed upon, in
such a manner that the line thereof shall run parallel with the
line of Washington street, and that the easterly side thereof
shall be one hundred and eighty feet distant from the westerly
side of Washington street, at the termination of the said streets,
or Battery place (late Marketfield street), in the said city.
1831.-CHAPTER  LIX.
AN ACT to alter the Map of thie city of New  Yoork, by declaring
certain land in the Eleventh Wyard of the city of New York, now
called Stuyvesant street, to be one of the public streets of the said
city.-Passed March 9, 1831.
The People of the State of New York, rep2esented in Senate and
Assembly, do enact as fbllows:
SEC. 1. The land commonly called Stuyvesant street, in the
Eleventh ward of the city of New York, as the same is now
laid out, of the width of sixty-six feet, and running from the
Bowery road to the Second avenue, is hereby declared, for all
legal purposes, to be one of the public streets of the said city; and
as such it shall hereafter be known by the name of Stuyvesant
street, or by such other name as the mayor, aldermen, and commonalty of the said city may determine.
SEC. 2. Nothing in this act contained shall affect or impair
any lien or claim which the mayor, aldermen, and commonalty
of the said city may have upon any part of the said land, for
taxes or assessments.




MAP OR PLAN OF THE CITY.                        831
1831.-CHAPTER CCLII.
AN ACT authorizing certain Lands and Premises in the city of
New York to be opened as a Public Place, called Union Place,
andfor other purposes.-Passed April 23, 1831.
The People of the State of New York, rejpresented in Senate and
Assembly, do enact as follows:
SEC. 1. All the lands in the city of New York lying between
the Bowery road, the Bloomingdale road and Fifteenth street;
also lying between Fourteenth street, Fifteenth street, the
Bowery road and the Bloomingdale road; also those parts of the
Fourth avenue, as the same is laid out by the act, entitled " An
act making certain alterations in the map or plan of the city of
New York," passed April 11, 1815, which lie southwesterly of
Fourteenth street and Thirteenth street, and easterly of the
Bloomingdale road; and also all the land lying between the
northwesterly line or side of the Fourth avenue and the Bloomingdale road, shall be deemed to be parts of a public place,
called Union place, for the purpose of being opened as such
public place according to law, the provisions of any existing
law or laws, or the pendency of any proceeding or proceedings
for opening any street or avenue, to the contrary notwithstanding.
SEC. 2. All laws and parts of laws now in force, relative to
the opening or improving of streets in the city of New York,
shall apply to Stuyvesant street, in the Eleventh ward of the
said city, in like manner as if the said street had been laid out
by the commissioners of streets and roads in the city of New
York, under and by virtue of the act entitled " An act relative
to improvements touching the laying out of streets and roads
in the city of New York, and for other purposes," passed April
3, 1807.
1832.-CHAPTER LXXXIX.
AN ACT to make certain Alterations in the AMap or Plan of the
City of New York.-Passed April 5, 1832.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The public place, known in the map or plan of the Union place
city of New York as Union place, shall be altered and enlarged,
so as to include within its boundaries all the lands and premises
lying within the following lines, that is to say: Beginning at the
point where the easterly line of the Fourth avenue, as the same
is now laid down on the map or plan of the said city, intersects




832             ACTS RELATING TO THE CITY OF NEW YORK.
the southerly line of Fourteenth street, and running thence
northerly along the easterly line of the said Fourth avenue, to
the northerly line of Seventeenth street; thence westerly along
the said northerly line of Seventeenth street to the westerly side
of the Bloomingdale road; thence southerly, on a line running
parallel with the easterly line of the Fourth avenue, to the
southerly line of Fourteenth street; and thence easterly along
the southerly line of Fourteenth street to the place of beginning;
and no other lands or premises except those lying within the
said boundaries shall hereafter be deemed as being part or parts
of Union place, in the said city, the provisions of any existing
law or laws, or the pendency of any proceeding or proceedings
for opening any street, avenue or public place in the said city,
to the contrary notwithstanding.
Fourth ave-  SEC. 2. The said Fourth avenue shall terminate at the northerly line of Seventeenth street, and shall not be continued
southerly of Union place, as the same is above altered and
described.
1832.-CHAPTER  CI.
AN ACT to alter the 3lap of the City of New York, by laying out
thereon a new Street, in the Twelth Ward of the said City.Passed April 10, 1832.
The People of the State of New York, represented in Senace and
Assembly, do enact as follows:
SEC. 1.'All that piece or parcel of land, being seventy-five feet
wide, lying in the Twelfth ward of the city of New York, and
running between and parallel to the Third and Fourth avenues
from the northerly line of Fourteenth street to the northerly
line of Thirtieth street (the easterly line or side of the said
piece of land being four hundred and twenty feet distant
westerly from the westerly line of the said Third avenue, and
the westerly side thereof being four hundred and twenty-five
feet distant easterly from the easterly line of othe said Fourth
avenue), is hereby declared, for all legal purposes, to be one of
the streets of the said city, in like manner as if the same had
been laid out by the commissioners appointed in and by the act
of the legislature, entitled " An act relative to improvements
touching the laying out of streets and roads in the city of
New York, and for other purposes," passed April 3, 1807.




MAP OR PLAN OF THE CITY.                        833
1833.- CHAPTER XLIX.
AN ACT to extend Amos Street to the Sixth Avenue, and to discontinue Ninth Street and Tenth Street, westarly side of Avenue, on
the map or plan of the City of New York.-Passed March 5, 1833.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The street now known as Amos street, in the city ofTAmos street
New York, shall be continued on the map or plan of the said tinueol.
city, easterly from Greenwich lane to the Sixth avenue, of the
same width and in a direct line with that part of the said street
lying westerly of the said lane; and the said part of Amos
street, so to be continued, is hereby declared, for all legal
purposes, to be one of the streets of the city of New York, and
may be:opened as such according to law.
SEC. 2. The streets known as Ninth street and Tenth street Ninth  and
Tenth streets
respectively, on the map or plan of the said city, shall terminate
at the Sixth avenue, and shall not be continued on the said map
or plan westerly of the said avenue.
1833. —CHAPTER XCVIII.
AN ACT to extend Wooster Street to Union Place, in the City of
New York.-Passed April 1, 1833.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The street now known as Wooster street, in the city
of New York, shall be continued on the map or plan of the said
city northerly, from Eighth street to Fourteenth street, so that
the westerly line of the said street, when so continued, shall
strike the southwesterly corner of Union place, as now establishedby law; and the said part of Wooster street, to be so
continued, is hereby declared to be one of the streets of the city
of New York, and may be opened as such, according to law,, in
like manner as if the same had been laid out by the commissioners appointed in and by the act, entitled " An act relative
to improvements touching the laying out of streets and roads in
the city of New York, and for other purposes," passed April 3,
1807.
53




834             ACTS RELATING TO THE CITY OF NEW YORK.
1833. CHAPTER CXXX.
AN  ACT to establish a Public Square or Place in the Eleventh
Ward of the City of New York.-Passed April 9, 1833.
The -People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. All the land in the Eleventh ward of the city of
New York, bounded northerly by Tenth street, easterly by
avenue A, southerly by Seventh street, and westerly by avenue
B, is hereby laid out, and shall be hereafter known on the map
or plan of the said city, as a public square or place, by such
name or designation as the common council of the said city
may direct; and the said public square or place may be opened
as such, according to law, in like manner as if the same had
been laid out by the commissioners appointed in and by the
act, entitled "An act relative to improvements touching the
laying out of streets and roads in the city of New York, and for
other purposes," passed April 3, 1807.
1833.-CHAPTER CCCIX.
AN ACT to establish a Public Place, and to lay out certain New
Streets in'the Twelfth Ward of the City of New York.-Passed
April 30, 1833.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Public place.  SEC. 1. All the land in the Twelfth ward of the city of New
York, bounded northerly by Thirtyrfourth street, southerly by
Thirty-first street, easterly by a line drawn one hundred feet distant easterly from the easterly side of the Fourth avenue, as
established by law, and parallel with  the said avenue, and
westerly by a line drawn one hundred feet distant westerly
from the westerly side of the said avenue, as established by law,
and parallel with the said avenue, shall be hereafter known on
the map or plan of the said city as a public place, and the said
land is hereby declared to be such public place, and may be
opened as such according to law, in like manner as if the same
had been laid out by the commissioners appointed in and by the
act, entitled "An act relative to improvements touching the
laying out of streets and roads in the city of New York, and for
other purposes," passed April 3, 1807: Provided, however, that
in the opening, laying out, and regulating of the said public
place, the Fourth avenue and Thirty-second and Thirty-third
streets shall be continued and shall intersect the same, as the
said avenue and streets are now established by law; and pro



MAP R01 PLAN OF THE CITY.                        S35
vided also, that a space of forty feet wide shall be left open
and unenclosed on the easterly and westerly sides of the said
public place respectively.
SEC. 2. All that piece or parcel of land, being seventy-five feet Street
wide, lying in the said Twelfth ward of the city of New York,
arid running between and parallel to the Third and Fourth avenues, from the northerly line of Thirtieth street to the southerly
line of Forty-second street (the easterly line or side of the said
piece ofland being four hundred and twenty feet distant westerly
from the westerly line of the said Third avenue, and the westerly
side thereof being four hundred and twenty-five feet distant
easterly from the easterly line of the said Fourth avenue), is hereby declared, for all legal purposes, to be one of the streets of the
said city, in like manner as if the same had been so laid out by
the commissioners appointed in and by the act above mentioned.
SEC. 3. All that piece or parcel of land, being seventy-five Ibid.
feet wide, lying in the said Twelfth ward of the city of New
York, and running between and parallel to the Fourth and
Fifth avenues, from  the northerly side of Twenty-third street
to the southerly side of Forty-second street (the easterly line or
side of the said piece of land being four hundred and twentyfive feet distant westerly from  the westerly line of the said
Fourth avenue, and, the westerly side thereof being four hundred and twenty feet distant easterly from the easterly side of the
said Fifth avenue), is hereby declared, for all legal purposes, to
be oneof the streets of the said city, in like manner as if the
same had been so laid out by the commissioners appointed in
and by the act above mentioned.
SEC. 4. The said streets shall be known by such names as the Names.
common council of the city of New York may hereafter determine for the same respectively.
1834.-CHAPTER CLXXIV.
AN ACT to widen Wooster Street,from Sixth Street to Fourteenth
Street, in the City of New York.-Passed April 24, 1834.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. All that part of Wooster street lying between Sixth Part to be
street and Fourteenth street, in the city of New York, as the widned.
same is established by law, shall be widened on the map or
plan of the said city, by adding thereto, on the easterly side




886              ACTS RELATING TO THE CITY OF NEW YORK.
thereof, twenty-five feet of land, so as to make the whole width
of that part of the said street seventy-five feet.
Declared et   SEC. 2. The said part of Wooster street so to be widened is
hereby declared to be one of the streets of the city of New York,
and may be opened as such in like manner as if the same were
a street in that part of the said city not laid out into streets,
avenues, and public places by the commissioners appointed in
and by the act, entitled "An act relative to improvements
touching the laying out of streets and roads in the city of New
York, and for other purposes," passed April 3, 1807.
1834.-CHAPTER CCCIX.
AN ACT relative to the opening of Amos Street, from Greenwich
Lane to the Sixth Avenue in the City of New York.-Passed May
6, 1834.
The Peoplc of the State of New York, represented in Senate and
Assembly, do enact as follows:
Street to be  SEC. 1. The street known as Amos street on the map or plan
of the city of New York, between Greenwich lane and the Sixth
avenue, may be opened in like manner as if the same were a
street in that part of the said city not laid out into streets, avenues, and public places, under and by virtue of the act, entitled
"An act relative to improvements touching the laying out of
streets and roads in the city of New York, and for other purposes," passed April 3, 1807.
Estimate and  SEC. 2. This act shall apply to the duties and proceedings of
assessment.                                                i
the commissioners of estimate and assessment heretofore appointed in the matter of opening Amos street above mentioned,
and shall take effect as a law from and immediately after the
passage thereof.
1835.-CHAPTER LXVI.
AN A C T to widen Avenue C,from Third Street to Fifteenth Street,
in the City of New York.-Passed April 13, 1835.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. All that part of avenue C lying between Third street
and Fifteenth street, in'the city of New York shall be widened
on the map or plan of the said city, by adding thereto, on each
side thereof, ten feet of land, so as to make the whole width of
th.at part of the said avenue eighty feet.




MAP OR PLAN OF THE CITY.                        837
SEC. 2. The said part of avenue C, so to be widened, is hereby
declared to be one of the avenues of the city of New York, in
like manner as if the same had been so laid out by the commissioners appointed in and by the act entitled, " An act relative to
improvements touching the laying out of streets and roads in
the city of New York, and for other purposes," passed April 3,
1807.
1835.-CHAPTER CCLXVIII.
AN AC   to authorize:the Mayor, Aldermen, and Commonalty of
the City of New York to alter and regulate the Plan of Part of
the said City.-Passed May 11, 1835.
The People of the State of New York, represented in Senate and
Assembly, do enact asfollows:
SEC. 1. It shall be lawful for the mayor, aldermen, and com- Part to be'                   altered.
monalty of the city of New York, in common council convened,
to adopt such plan as they may deem most expedient for the regulation and laying out of that part of the said city which lies between Thirteenth street and Twenty-third street, the First avenue
and the East river, and to designate and direct where the permanent exterior line or street to the eastward of such part of the
said city shall be, in place of that part of Tompkins street
which now lies or is laid out to the eastward thereof, on the
present map or plan of the said city.
SEC. 2. Such plan as may be so adopted by the said mayor, T be adopt
aldermen, and commonalty, for the regulation and laying out of
the above-mentioned part of the said city, or for the permanent
exterior line or street thereof, shall become and be deemed in
law as part of the map or plan of the said city.
1836.-CHAPTER CCLI.
AN ACT to alter the Map or Plan of the City of New York, in
respect to certain Streets in that part of the said City known as the
Village of Manhattanville.-Passed May 4, 1836.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC.: 1. All that part of a certain street in the Twelfth ward Plan, how to
of the city of New York, heretofore known and distinguished as  alteed
Manhattan street, in the village:of Manhattanville, on a map or
survey of the said village, made by Adolphus Loss, city surveyor, bearing date the fifteenth day of September, in the year




838              ACTS RELATING TO THE CITY OF NEW YORK.
one thousand eight hundred and six, and filed in the office of
the register in and for the city and county of New York, on the
twenty-sixth day of October, in the year one thousand eight
hundred andthirty-five, which lies between One Hundred and
Twenty-fifth street and the North or Hudson river; and all that
part of a certain street, heretofore known and distinguished on
the said map or survey as Lawrence street, in the said village
and ward, which lies between One Hundred and Twenty-sixth
street and One Hundred and Twenty-ninth street, are hereby
established as streets upon the map or plan of the said city,
and may be opened by law in like manner as if the same had
been laid out by the commissioners appointed in and by the
act, entitled " An act relative to improvements touching the
laying out of streets and roads in the city of New York, and for
other purposes," passed April 3, 1S07.
SEC. 2. Those parts of One Hundred and Twenty-six, One
Hundred and Twenty-seven, and One Hundred and Twentyeight streets, respectively, which are laid out on the said map
or plan of the city of New York, between the streets so known
and distinguished as Manhattan street and Lawrence street, respectively, and also that part of One Hundred and Twenty-eighth
street which is laid out on the said map or plan of the city of
New York, between the said street so known and distinguished as Lawrence street, and the street known and distinguished on the said map as the Tenth avenue, are hereby
discontinued on the said map or plan. (As amended by ch.
258, Laws of 1858.)
1836.-CHAPTER CCLXXX.
ANACT to alter the Map or Plan of the City of New York, by
establishing a new Public Square or Place in the Twelfth Ward of
the said City, and by discontinuing the Public Square or Place
known on the said 1Map or Plan as the Harlaem'Square.-Passed
May 10, 1836.
The People of the State of New York, represented in Senate and
Assembly, do enact asfollows:
Description   SEC. 1. All the land in the Twelfth ward of the city of New
ofnd York, bounded northerly by the southerly line of One Hundred
and Twenty-fourth street; easterly by a line drawn four hundred
and twenty-five feet distant westerly from the westerly side of
the Fourth avenue, and parallel with the said avenue; southerly
by the northerly line of One Hundred and Twentieth street, and
westerly by a line drawn four hundred and twenty-five feet distant easterly from the easterly side of the Sixth avenue, and parallel with the said avenue, shall be hereafter known on the map




MAP OR:PLAN OF THE CITY.                     839
or plan of the said city as a public place or square; and the said
land is hereby declared to be such public place or square, and
may be opened as such according to law, in like manner as if the
same had been laid out by the commissioners appointed in and
by the act, entitled " An act relative to improvements touching
the laying out of streets and roads in the city of New York, and
for other purposes," passed April 3, 1807; and the same may
be laid out in such manner and shall be known by such name as
the. common council of the city of New York may hereafter determine.
SEC. 2. All that part of the Fifth avenue, lying between One PartsdisconHundred and Twentieth and One Hundred and Twenty-fourth
streets, and all those parts of One Hundred and Twenty-first,
One Hundred and Twenty-second and One Hundred and Twentythird streets, respectively, lying between the easterly and the
westerly boundary of the land hereinbefore appropriated for a
public place, on the said map or plan, are hereby discontinued.
SEC. 3. The land laid out on the said map or plan for a public  rlem.
place or square, between One Hundred and Seventeenth street continuod.
and One Hundred and Twenty-first street, and between the Sixth
avenue and the Seventh avenue, and known on the said map or
plan as " Harlaem Square," shall cease to be considered as such
public place or square, or as reserved for such purpose.
SEC. 4. The streets designated respectively on the said map owners of
or plan as One Hundred and Eighteenth, One Hundred and Nine- certain lands
teenth, and One Hundred and Twentieth streets, shall be extended
and continued between the Sixth and the Seventh avenues; and
the owner or owners of the lands and tenements which shall be
included in the blocks or plots of ground to be formed by such
extension and continuation of the said streets respectively, shall
have, hold, occupy, possess, and enjoy the same in like manner
as he, she, or they would have been entitled to do, if the said
streets had been originally so extended and continued on the
said map or plan; and whenever the said streets shall be opened,
the damage and benefit shall be estimated, assessed, and paid in
like manner as the same would have been done if the said streets
had been originally so extended and continued.




840             ACTS RELATING TO THE CITY OF NEW YORK.
1836.-CHAPTER CCLXXIX.
AN ACT to establish a Public Place between Art Street, Eighth
Street, and Lafayette Place, in the Fiteenth Ward of the City of
New York.-Passed May 10, 1836.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. All the land in the Fifteenth ward of the city of New
York, bounded northeasterly by Eighth street, southerly by
Art street, and northwesterly by Lafayette place, being a triangular piece of land, shall be hereafter known on the map or
plan of the said city as a public place, and may be opened as
such according to law, in like manner as if the same were in
that part of the said city not laid out into streets, avenues, and
public places, under and by virtue of the act, entitled " An act
relative to improvements touching the laying out of streets and
roads in the city of New York, and for other purposes," passed
April 3, 1807.
1836.-CHAPTER CCLXXXII.
AN ACT to extend Sheriff Street from its present Termination
at Houston Street, to Second Street, on the Map or Plan of the
City of New York. —Passed May 10, 1836.
The People of the State of New York, represented in Senate and
Assembly, do enact as Jbllows:
SEC. 1. The street, now known as Sheriff, street in the city
of New York, shall be continued on the map or plan of the
said city, northerly from Houston street to Second street, of the
same width, and in a direct line with that part of the said street
lying southerly of Houston street; and the said part of Sheriff
street, so to be continued, is hereby declared, for all legal purposes, to be one of the streets of the city of New York, and
may be opened in like manner as if the same were a street in
that part of the said city not laid out into streets, avenues, and
public places, under and by virtue of the act, entitled " An act
relative to improvements touching the laying out of streets and
roads in the city of New York, and for other purposes," passed
April 3, 1807.




MAP OR PLAN OF THE CITY.                       841
1836.-CHAPTER CCCLXI.
AN ACT to alter the Map or Plan of the City of New York, and
to establish a Public Square to be called' Stuyvesant Square," in
the Sixteenth Ward of the said City.-Passed May 18, 1836.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. All that part of Sixteenth street lying between the Part's dS:
southeasterly line of the Second avenue and a line drawn parallel to and one hundred and ninety feet distant southeasterly
therefrom; and all that part of Sixteenth street lying between
the northwesterly line of the Second avenue and a line drawn
parallel to, and one hundred and ninety feet distant northwesterly therefrom, are. hereby discontinued on the map or plan of
the city of New York.
SEC. 2. All the land in the Sixteenth ward of the said city, Stuyvesant
bounded northeasterly by Seventeenth street, northwesterly by
the Second avenue, southwesterly by Fifteenth street, and southeasterly by a line drawn parallel, to and distant one hundred
and ninety feet southeasterly from the southeasterly line of the
Second avenue; also bounded northeasterly by Seventeenth
street, southeasterly by the Second avenue, southwesterly by
Fifteenth street, and northwesterly by a line drawn parallel to
and distant one hundred and ninety feet northwesterly from the
northwesterly line of thb Second avenue, is hereby declared to
be a. public square, to be called " Stuyvesant square," and the
same shall hereafter be known as such public square on the map
or plan of the said city.
SEC. 3. There shall be laid out upon the said map or plan, wys alodn
and opened as ways for public use, places of the width ofthereor.
thirty feet from Fifteenth to Sixteenth street, and from Sixteenth to Seventeenth street, along the southeasterly and the
northwesterly sides of the said public square hereinbefore mentioned.
SEC. 4. This act shall not take effect until the land contained Condition
within the limits of the public square, hereinbefore mentioned,
shall have been ceded by the owner or owners thereof to the
mayor, aldermen, and commonalty of the city of New York.




842              ACTS RELATING TO THE CITY OF NEW YORK.
1837.-CHAPTER CLXXVII.
AN ACT to alter the Map or Plan of the City of New York, by
establishing a Public Square or Place in the Sixteenth cWard of
said City.-Passed April 10, 1837.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Square to be SEC. 1. All that piece of land in the Sixteenth ward of the
city of New York, bounded northerly by Twenty-sixth street,
westerly by the Fifth avenue, southerly by Twenty-third street,
and easterly by a certain street established by law, being seventy-five feet wide, and lying between the Fourth and Fifth avenues, is hereby declared, and shall hereafter be known on the
map or plan of the said city as a public square or place, in like
manner and with the like effect as if the sanie had been laid out
by the commissioners appointed in and by the act entitled" An
act relative to improvements touching the laying out of streets
and roads in the city of New York, and for other purposes,"
passed April 3, 1807.
1837.-CHAPTER CLXXXII.
AN ACT to establish a Permanent Exterior Street or Avenue in the
City of New York, along the Easterly Shore of the North or Hudson's River, and for other purposes-Passed April 12, 1837.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Thirteenth   SEC. 1. The Thirteenth avenue, as laid out on a map made by
avenue established.   George B. Smith, city surveyor, bearing date March tenth,
eighteen hundred and thirty-seven, and approved by the mayor,
aldermen, and commonalty of the city of New York, by a resolution passed in common council, on the twenty-eighth day of
March, eighteen hundred and thirty-seven (which map is filed
in the office of the street commissioner of the city of New York),
shall be the permanent exterior street or avenue in the said city
along the easterly shore of the North or Hudson river, between
the southerly line of Hammond street and the northerly line of
One Hundred and Thirty-fifth street.
Cere to  SEC. 2. The several streets of the said city, as laid out on the
extend  to map or plan made by the commissioners appointed by the act,
Thirteenth
avenue.   entitled " An act relative to improvements touching the laying
out of streets and roads in the city of New York, and for other
purposes," passed April 3, 1807, or, as subsequently established
by law, southerly of and including One Hundred and' Thirtyfifth street, shall be continued and extended westerly along the




MAP OR PLAN OF THE CITY.                         843
present lines thereof, from  their present terminations, on the
said map or plan, respectively, to the said Thirteenth avenue.
Also the Eleventh avenue shall be continued and extended, on
the said map or plan, along the present line thereof from its
present southerly termination, at or near Thirty-third street, to
Nineteenth street; and the Twelfth avenue shall be continued
and extended on the said map or plan, along the present line
thereof, from Thirty-sixth street to One Hundred and Thirtyfifth street.
SEc. 3. The mayor, aldermen, and commonalty of the city of Lat udr
New York shall be, and they are hereby, vested with all the
right and title of the people of this state to the lands covered
with water along the easterly shore of the North or Hudson's
river, between Hammond street and One Hundred and Thirtyfifth street, and extending from  the westerly side of the lands
under water, heretofore granted to said mayor, aldermen, and
commonalty of the city of New York, by letters patent, in pursuance of the act, entitled "An act relative to improvements in
the city of New  York," passed February 25, 1826, to the
westerly side of the said Thirteenth avenue. And the said letters patent shall be construed so as to grant to the said mayor,
aldermen, and commonalty of the city of New York, and their
successors forever, the said lands under water easterly of the
westerly line of the said Thirteenth avenue.
SEC. 4. The proprietors of all grants of land under water, or eor.mptlo
of water lots, heretofore made by the said mayor, aldermen, and uder water
secured to
commonalty of the city of New York, on the easterly shore of owers.
the North or Hudson's river, shall have the pre-emptive right in
all grants to be made by the said mayor, aldermen, and commonalty of the city of New York, of any lands under water,!
granted to them by this act, adjacent to and in front of the said
lands under water so heretofore granted; and the proprietors of
lands having a pre-emptive right to grants of land under water
by virtue of the said act, entitled "An act relative to improvements in the city of New York," passed February 25, 1826,
shall have the same pre-emptive right in all grants made by the
said mayor, aldermen, and commonalty of the city of New York,
of any lands under water granted to them by this act.
1837.-CHAPTER  CCLXXIV.
AN  ACT to alter the Map or Plan of the City of New York.Passed April 27, 1837.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. All that part of Forty-first street lying between the Pairts otfe
Fifth and Sixth aventues; also all that part of Sixty-eighth discontinuet
Fifth and Sixth avenues; also all that part of Sixty-eighth discontinued




844             ACTS RELATING TO THE CITY OF NEW YORK.
street lying between the Third and Fourth avenues; also all
those parts of Eightieth, Eighty-first, Eighty-second, Eightythird, Eighty-fourth, and Eighty-fifth streets lying between the
Sixth and Seventh avenues, as the same are laid out and designated on the map or plan of the city of New York, are hereby
discontinued on the said map or plan.
Certain aee-  SEC. 2. The Fourth avenue shall be continued and extended
ed.    on the said map or plan from Sixty-sixth street to Sixty-eighth
street. Also Avenue A and the First, Second, Third, and Fourth
avenues shall be respectively continued and extended on the
said map or plan, from One Hundred and Sixth street to One
Hundred and Ninth street. Also One Hundred and Seventh
and One Hundred and Eighth streets shall be respectively continued and extended on the said map or plan, from the Fifth
avenue to the Harlem river. And the owner or owners of the
lands and tenements which shall be included in any blocks or
plots df ground, to be formed by such extension and continuation of the said avenues and streets, respectively, shall have,
hold, occupy, possess, and enjoy the same, in like manner as he,
she, or they would have been entitled to do if the said avenues
and streets had been originally so extended and continued on
the said map or plan; and whenever the said avenues or streets,
or any or either of them, shall be opened, the damage and benefit shall be estimated, assessed, and paid, in like manner as the
same would have been done if the said avenues and streets
had been originally so extended and continued.
Fourth ae-  SEC. 3. All that part of the Fourth avenue in the city of
nuewidened. ew York lying between Thirty-fourth street and the Harlem river shall be widened on the map or plan of the said
city, by adding thereto, on each side thereof, twenty feet of
land, so as to make the whole width of that part of the said
avenue one hundred and forty feet.
And estab-  SEC. 4. The said part of the Fourth avenue so to be widened
is hereby declared to be one of the avenues of the city of
New York, in like manner and with the like effect as if the
same had been so laid out by the commissioners appointed in
and by the act, entitled "An act relative to improvements
touching the laying out of streets and roads in the city of New
York, and for other purposes," passed April 3, 1807.




MAP OR PLAN OF THE CITY.                      845
1838.;-CHAPTER CXLVIII.
AN ACT to establish and lay out a New Street in the Twefth Ward
of the City of New York.-Passed April 2, 1838.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. All that piece or parcel of land, being seventy-five Stet.
feet wide, lying in the said Twelfth ward of the city of New
York, and running between and parallel to the Third and Fourth
avenues from the northerly line of Forty-second street to the
southerly line of Sixty-sixth street (the easterly line of the said
piece of land being four hundred and twenty feet distant westerly from the westerly line of the said Third avenue, and the
westerly side thereof being four hundred and twenty-five feet
distant easterly  from  the easterly line of the said Fourth
avenue), is hereby declared, for all legal purposes, to be one of
the streets of the said city, in like manner as if the same had
been so laid out by the commissioners appointed in and by the
act entitled "An act relative to improvements touching the laying out of streets and roads in the city of New York, and for
other purposes," passed April 3, 1807.
SEC. 2. The said street, being a continuation of Lexington
avenue, shall be known by the name of Lexington avenue.
1838.-CHAPTER CXL.
AN ACT to alter the Map of the City of new York, in respect to
certain Streets between the Tenth and Eleventh Avenues.-Passed
March 31, 1838.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. All those parts of One Hundred and Fifteenth, One Parts of
streets di%.
Hundred and Sixteenth, One Hundred and Seventeenth, One continued.
Hundred and Eighteenth, and One Hundred and Nineteenth
streets, respectively, which are laid out on the map or plan of
the city of New York, between the Tenth and Eleventh avenues,
are hereby discontinued on the said map or plan of the said city.




S46              ACTS RELATING TO THE CITY OF NEW YORK.
1S38.-CHAPTER CCXXIII.
AN ACT to lay out a new  Street in the Twelfth and Sixteenth
Wards of the city of New York, and to keep open a part of the
Bloomingdale Road to said City.-Passed April 16, 183S.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
treet.    SEC. 1. All that certain piece or parcel of land situate, lying,
and being in the Sixteenth ward of the city of New York, and
bounded as follows, viz.: Southerly by Twenty-first street, easterly by the easterly line of the Bloomingdale road as the same
now runs, northerly by Twenty-third street, and westerly by
the Fifth avenue and the westerly line of the Bloomingdale
road, as it now runs, between Twenty-first and Twenty-second
streets; and also all that other piece of land situate, lying, and
being in the Twelfth and Sixteenth wards of the city of New
York, bounded as follows: Beginning at a point in the northerly
line or side of Twenty-fifth street, eighty feet west of the Fifth
avenue, and running thence northerly to a point in the southerly
line of Thirty-seventh street, two hundred and thirty-five feet
west of the Sixth avenue; thence northerly to a point on the
northerly line of Thirty-eighth street, three hundred and forty
feet west of the Sixth avenue; thence northerly to a point in
the easterly side of Seventh avenue, one hundred and forty feet
south of the southerly line of Forty-fifth street; thence southwesterly along the Seventh avenue, to the northerly line of
Forty-third street; thence easterly along the northerly line of
Forty-third street, to a point distant seventy-five feet at right
angles from  the line between Thirty-eighth street and  the
Seventh avenue, hereinbefore described; thence southerly by
lines parallel to and distant seventy-five feet from the several
lines between the Fifth and Seventh avenues, hereinbefore
described, to the Fifth avenue; thence northeasterly along the
westerly line of Fifth avenue to the northerly corner of Twentyfifth street; thence westerly along the line of Twenty-fifth
street, to the place of beginning. And also all those two
gores of land bounded by the piece of land last above described,
the Sixth avenue and Thirty-second street; and by said piece of
land last above described, the Sixth avenue and Thirty-fifth street,
are hereby declared, for all legal purposes, to be one of the
streets of the said city, in like manner as if the same had been
so laid out by the commissioners appointed in and by the act
entitled "An act relative to improvements touching the laying
out of streets and roads in the city of New York, and for other
purposes," passed April 3, 1807.
Name.     SEC. 2. The said streets shall be known by such name as the
common council of the city of New York may hereafter determine for the same.




MAP OR PLAN OF THE CITY.                          847
SEC. 3. All that part of the Bloomingdale road, in the city of Road.
New York, which lies north of the intersection of the said road
with the Seventh avenue, shall remain and be kept open as a
public road, until the mayor, aldermen, and commonalty of the
city of New York shall deem proper, by an ordinance, to direct
the same to be closed.
1843.-CHAPTER LIII.
AN ACT to alter the Alal) or Plan of the City of New  York, by
discontinuing 154th Street, between the 10th Avenue and the Hudson
Iliver.-Passed March 17, 1843, by a two-third vote.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. All that part of One Hundred and Fifty-fourth street in art ofdi
the city of New York, lying between the Tenth avenue and the continued.
HIudson river, as the same is laid down on the map or plan of
the said city, made by the commissioners appointed in and by
the act entitled "An act relative to improvements touching the
laying out of streets and roads in the city of New York, and for
other purposes," passed April 3, 1807, is hereby discontinued on
the said map or plan.
SEC. 2. This act shall take effect immediately.
1846.-CHAPTER  CCLXVIII.
AN ACT to amend an act, entitled " An act to establish a Permanent Exterior Street or Avenue in the City of New York, along
the easterly shore of the North or Hudson River, and jbr
other purposes," passed April 12, 1837, and to amend an act, entitled " An act creating a Public Fsund or Stock in the City of
New York, to be called The Croton Water Stock, and in relation to the Sinking _Fund of said City," passed May 13, 1845.Passed May 13, 1846, by a two-third vote.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The Eleventh avenue shall be continued and ex- Eleventho e
tended along the present line thereof from its present southerly extended.
termination at Nineteenth street to Seventeenth street, and
Eighteenth and Nineteenth streets shall be continued and extended along their present respective lines from their present
westerly termination to the easterly line of the Thirteenth ave



848             ACTS RELATING TO THE CITY OF NEW YORK.
nue, as laid out on a map drawn by Edwin Smith, city surveyor, bearing date February tenth, one thousand eight hundred
and forty-six, entitled, " Map showing an extension of Eighteenth and Nineteenth streets and the Eleventh avenue," and
approved by the mayor, aldermen, and commonalty of the city
of New York, passed in common council on the thirty-first day
of March, one thousand eight hundred and forty-six (which map
is filed in the office of the street commissioner of the city of
New York). But nothing herein contained shall be construed
to terminate the Eleventh avenue on the easterly side thereof,
from the northerly side of Seventeenth to Fourteenth street.
Water lots  SEC. 2. The proprietors of all former grants of land under
sold.    water, or of water lots adjacent to and fronting on the Eleventh
avenue, between Seventeenth aid Nineteenth streets, shall have
the pre-emptive right in all grants to be made by the said mayor,
aldermen, and commonalty of the city of New  York, of any
lands lying under water, or water lots lying between Seventeenth and Nineteenth streets and the Eleventh and Thirteenth
avenues, as laid down on said map, on paying the following
sums in gross as a consideration for the same, to wit: For the
grant of land under water, or water lots, lying between Eighteenth and Nineteenth streets, and the Eleventh and Thirteenth
avenues, three hundred and sixty-eight dollars; for the grant
of land under water, or water lots, lying between Eighteenth
street and the line of the centre of the block between Seventeenth and Eighteenth streets, and the Eleventh and Thirteenth
avenues, one hundred and thirty-one dollars and thirty-three
cents; and for the grant of land under water, or water lots, lying
between Seventeenth street and the said centre line, and the
Eleventh and Thirteenth avenues, one hundred and six dollars
and sixty-four cents.
1845.- CHAPTER CCCXIV.
AN ACT to discontinue Eleventh Street, in the City of New York,
between Broadway and the Bowery.-Passed May 14, 1845, by a
two-third vote.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Part  of  SEC. 1. All that part of Eleventh street, in the city of New
street discontinued. York, lying between Broadway and the Bowery, as the same is
laid down upon the map or plan of the said city, made by the
commissioners appointed in and by the act, entitled "An act
relative to improvements touching the laying out of streets and
roads in the city of New York, and for other purposes," passed
April 3, 1807, is hereby discontinued on the said map or plan;




MAP OR PLAN OF THE CITY.                        849
Provided, the mayor, aldermen, and commonalty of the city of
New York do not, within the period of one year and six months
from the day this act takes effect, repeal the ordinance heretofore
passed by them, closing that part of Eleventh street lying
between Broadway and the Bowery, in the city of New York,
and open said part of said street according to law.
SEC. 2. This act shall take effect immediately.
1845.-CHAPTER  CXLVI.
AN ACT in relation to Thirty-third Street, in the City of New
York. —Passed May 8, 1845, by a two-third vote.
The People of the State of New York, represented in Senate and
Assembly, do enact asfollows:
SEC. 1. The common council of the city of New  York are street nla
hereby authorized to make such regulations in reference to closing
so much of Thirty-third street, in that city, as is occupied by the
track of the Harlem Railroad, in the Fourth avenue, as it shall
deem necessary and proper.
SEC. 2. This act shall take effect immediately.
1847.-CHAPTER  CCCCXXXIX.
AN ACT completing the line of Broadway.-Passed December
11, 1847.
The People of the State of New York, represented in Senate and
Assembly, do enact as bllows:
SEC. 1. The triangular block of land bounded southerly by Tra.,guar
Twenty-second street, westerly by the Fifth avenue, and easterly by Broadway, as it is now and heretofore has been opened
and used, shall not be a part of one of the streets of said city.
SEC. 2. The boundaries of Broadway, between Fifth avenue esterly 
and Twenty-fifth street, shall be on its westerly side a right line Broadway.
drawn from the corner at the intersection of the southerly side
of Twenty-third street, with the westerly side of Broadway as
it is now, and heretofore has been, opened and used to the corner
at the intersection of the northerly side of Twenty-fifth street,
with the westerly side of Broadway as now fixed by law, and on
its easterly side by a line parallel with the said westerly side as
above established, and seventy-five feet easterly therefrom.
SEC. 3. The triangular block of land bounded northerly by Pulic place.
Twenty-fifth street, easterly by Fifth avenue, and westerly by
54




850              ACTS RELATING TO THE CITY OF NEW YORK.
the easterly line of Broadway, as above established, shall not be
a part of one of the streets of said city, but hereafter shall be a
public place or park, in like manner as if the same had been laid
out as a public place by the commissioners appointed in the act
entitled "An act relative to improvements touching the laying
out of streets and roads in the city of New York, and for other
purposes," passed April 3, 1807.
Repeal.    SEC. 4. So much of any former act or acts as conflicts with
the foregoing provisions is hereby repealed.
Opening   SEC. 5. The  proceeding  for  the  opening  of Broadway,
etrc.' between Twenty-first street and Twenty-fifth street, and for the
opening of the said public place, may be embraced in one and
the same proceeding, and with the like effect as if conducted in
separate proceedings.
SEC. 6. This act shall take effect immediately.
1847.-CHAPTER  CCXIX.
AN ACT to alter or amend the M]ap or Plan of the City of New
York, so as to Close and Discontinue Sixty-fourth Street between
the Fifth and Sixth Avenues.-Passed May 7, 1847.
The People of the State of New  York, represented in Senate and
Assembly, do enact as follows:
Partofstreet  SEC. 1. All that part of Sixty-fourth street between the Fifth
doti  and Sixth avenues, as laid down on the map or plan of the city
of New York, made by the commissioners as appointed in and
by the act entitled " An' act relative to improvements touching
the laying out of streets and roads in the city of New York, and
for other purposes," passed April 3, 1807, is hereby discontinued on the said map or plan.
SEC. 2. This act shall take effect immediately.
1847.-CHAPTER  CCIII.
AN  ACT to lay out a new Street in the Twelfth Ward of the City
of New York, and to keep open a Part of the Bloomingdale Road
in said City.-Passed May 5, 1847, "three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact asfbllows:
Boundaries   SEC. 1. All that certain piece or parcel of land situate, lying,
street.   and being in the Twelfth ward of the city of New York, and
bounded and described as follows, that is to say:




MAP OR PLAN OF THE CITY.                         851
Beginning at the southwesterly corner of the Seventh avenue and Forty-fifth street, thence northerly until it intersects
the southerly side of Forty-ninth street at a point two hundred
and sixty feet westerly of the Seventh avenue, thence northerly
and parallel with the Seventh avenue to the northerly side of
Forty-ninth street, thence northerly to the southerly side of
Fifty-second street to a point one hundred and seventy-four
feet westerly of the Seventh avenue, thence northerly to the
north side of Fifty-second street to a point one hundred and
seventy-three feet eight inches westerly of Seventh avenue,
thence northerly to the southerly side of Fifty-sixth street to a
point four hundred and twenty-five feet westerly of the Seventh
avenue, thence northerly to the southerly side of Fifty-eighth
street to a point one hundred and forty-eight feet one inch
easterly of the Eighth avenue, thence northerly to the northerly
side of Fifty-eighth street to a point one hundred and four feet
east of the Eighth avenue, thence northerly to the southerly
side of Sixtieth street to a point two hundred and twelve feet
westerly of the Eighth avenue, thence northerly to the northern side of Sixtieth street to a point five hundred and fortyeight feet three inches easterly of the ]Ninth avenue, thence
northerly to the  southerly  side  of Sixty-sixth street to a
point two hundred and twenty-six feet eleven inches westerly
of the Ninth avenue, thence northerly to the southerly side of
Seventieth street to a point thirty-five feet eight inches easterly
of the Tenth avenue, thence westerly along Seventieth street
to the Tenth avenue, thence northerly along the Tenth avenue
to the northerly side of Seventy-first street, thence southerly to
the southerly side of Seventieth street to a point one hundred
and twenty feet easterly of the Tenth avenue, thence southerly
to the southerly side of Sixty-sixth street to a point one hundred and seventy-five feet westerly of the Ninth avenue, thence
southerly to the northerly side of Sixtieth street to a point one
hundred and sixty-five feet westerly of the Eighth avenue,
thence southerly to the northerly side of Fifty-eighth street to
a point two hundred and five feet easterly of the Eighth avenue,
thence southerly to the southerly side of Fifty-sixth street to a
point three hundred and forty-seven feet seven inches westerly
of the Seventh avenue, thence southerly to the northerly side
of Fifty-second street'to a point ninety-six feet three inches
westerly of the Seventh avenue, thence southerly to the southerly side of Fifty-second street to a point ninety-eight feet six
inches westerly of the Seventh avenue, thence southerly to the
northerly side of Forty-ninth street to a point one hundred and
eighty-four feet six inches westerly of the Seventh avenue,
thence southerly to the southerly side of Forty-ninth street to
a point one hundred and eighty-two feet ten inches westerly of
the Seventh avenue, thence southerly to the northerly side of
Forty-sixth street to a point seven feet four inches westerly of
the Seventh avenue, thence southerly to the southwesterly




852              ACTS RELATING TO THE CITY OF NEW YORK.
corner of the Seventh avenue and Forty-sixth street, thence
southerly along the Seventh avenue to the place of beginning,
is hereby declared for all legal purposes to be one of the streets
of the said city in like manner as if the same had been so
laid out by the commissioners appointed in and by the act
entitled " An act relative to improvements touching the laying
out of streets and roads in the city of New York, and for other
purposes," passed April 3, 1807.
Name.     SEC. 2. The said street shall be known by such name as the
common council of the city of New York may hereafter determine for the same.
1847.-CHAPTER CXXXVIII.
AN ACT authorizing an Estimate and Assessment to be made for
a part of the Ground on Madison Square in the City of New
York, and empowering  the Corporation of said City to use
said Square for Public Purposes.-Passed April 27, 1847,
"three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact asfollows:
Estimate    SEC. 1. It shall be lawful for the commissioners of estimate
and assessment.   aind assessment in the matter of opening Madison Square to
make their estimate and assessment in relation only to the land
lying within the limits of said square that shall belong to individuals, and consideration of the corporation of the city of
New York appropriating the residue of the land within said
square belonging to them  without compensation therefor, it
shall be lawful for the mayor, aldermen, and commonalty of
said city, to use all the land lying within the limits of said
square when opened, for the erection of public buildings thereon,
and for other public purposes.
1847.-CHAPTER  XXXVIII.
AN ACT to lay out a new Street in the Eleventh Ward of the City
of New York, and to amend the Mapl or Plan of the said City oq
New York, as laid out by the Commissioners under the act oj
April 3, 1807.-Passed March 26, 1847.
The People of the State of New York, represented in Senate and
Assembly, do enact asfollows:
Nto bestae   SEC. 1. [Amended by sec. 1, chap. 356, Laws of 1847, to
out.    read as follows:] The map or plan of the city of New York is
hereby amended so as to recognize, as one of the streets of the




MAP OR PLAN OF THE CITY.                        853
said city, part of a street laid out on a map of the lands of the
Dry Dock company in the Eleventh ward of the said city, and
therein designated as Dry Dock street, being forty feet in width,
and situated between Avenue C and D, and running parallel
thereto fiom Tenth to Twelfth street, distant on its easterly side
two hundred and sixty-nine feet from  Avenue D, and on its
westerly side two hundred and sixty-seven feet from Avenue C.
SEC. 2. The said street shall be known and called by the Name.
name of Dry Dock street.
SEC. 3. This act shall take effect immediately.
1850. CHAPTER LXV.
AN ACT to alter the Map of the City of New York, by laying out
thereon a Public Place known as Stuyvesant Square.-Passed
March 16, 1850.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. All that piece or parcel of land lying in the Seven- Boundaries.
teenth ward of the city of New York, bounded on the northerly
side thereof by Seventh street; on the westerly side thereof by
the Fourth avenue, formerly the Bowery; on the southerly side
thereof by Sixth street; and on the easterly side thereof by the
Third avenue; is hereby declared to be a public place, in like
manner as if the same had been laid out by the commissioners
appointed in and by the act of the legislature entitled "An
act relative to improvements touching the laying out of streets
and roads in the city of New York, and for other purposes,"
passed April 3, 1807.
SEC. 2. Such public place shall be known by the name of Name.
"Stuyvesant square."
SEC. 3. This act shall take effect immediately.
1851.-CHAPTER CLXXXIII.
AN ACT to lay out a new Streetfrom the Tenth Avenue to Eightysixth Street in the City of New York, and to keep open a part of
the Bloomingdale Road for that purpose.-Passed April 16,
1851.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. All that certain piece or parcel of land, situate, lying, Description
and being in the city of New York and bounded and described




854              ACTS RELATING TO THE CITY OF NEW YORK.
as follows, that is to say: Beginning at a point in the westerly
line or side of Tenth avenue, distant' eighty-seven feet nine
inches northerly from the northerly line or side of Seventy-first
street, and running thence northerly one hundred and twentyone feet nine inches to a point in the southerly line or side'of
Seventy-second street, distant seven hundred and sixty-four feet
five inches easterly from the easterly line or side of Eleventh
avenue; thence northerly one hundred and four feet seven inches
to a point in the northerly line of Seventy-second street, distant
seven hundred and thirty-three feet ten inches easterly from the
easterly line or side of Eleventh avenue; thence northerly two
hundred and thirteen feet eight inches to a point in the southerly
line or side of Seventy-third street, distant six hundred and
seventy-one feet easterly fiom the easterly line or side of Eleventh
avenue; thence northerly sixty-two feet nine inches to a point
in the northerly line or side of Seventy-third street, distant six
hundred and fifty-three feet easterly from the easterly line or
side of the Eleventh avenue; thence northerly two hundred and
thirteen feet eight inches to a point in the southerly line or side
of Seventy-fourth street, distant five hundred and ninety feet
five inches easterly from  the easterly line or side of Eleventh
avenue; thence northerly sixty-two feet nine inches to a point
in the northerly line or side of Seyenty-fourth street, distant five
hundred and ninety feet five inches easterly from the easterly
line or side of Eleventh avenue; thence northerly sixty-two feet
nine inches to a point in the northerly line or side of Seventyfourth street, distant five hundred and seventy-two feet one inch
easterly from the easterly line or side of Eleventh avenue; thence
northerly two hundred and thirteen feet eight inches to a point
in the southerly line or side of Seventy-fifth street, distant five
hundred and nine feet seven inches easterly from the easterly
line or side of Eleventh avenue; thence northerly sixty feet
five inches to a point in the northerly line or side of Seventyfifth street, distant five hundred and two feet nine inches easterly
from the easterly line or side of the Eleventh avenue; thence
northerly two hundred and five feet seven inches to a point in
the southerly line or side of Seventy-sixth street, distant four
hundred and seventy-nine feet seven inches easterly from the
easterly line or side of Eleventh avenue; thence northerly sixty-five
feet eight inches to a point in the northerly line or side of Seventysixth street, distant four hundred and fifty-three feet easterly
from the easterly line or side of Eleventh avenue; thence northerly
two hundred and twenty-three feet five inches to a point in the
southerly line or side of Seventy-seventh street, distant three
hundred and sixty-two feet six inches easterly from the easterly
line or side of Eleventh avenue; thence northerly sixty-five feet
eight inches to a point in the northerly line or side of Seventyseventh street, distant three hundred and thirty-six feet easterly
from the easterly line or side of Eleventh avenue; thence northerly two hundred and twenty-three feet five inches to a point in




MAP OR PLAN OF THE CITY.                          855
the southerly line or side of Seventy-eighth street, distant two
hundred and forty-five feet seven inches easterly from  the
easterly line or side of Eleventh avenue; thence northerly sixty
feet to a point in the northerly line or side of Seventy-eighth
street, distant two hundred and forty-six feet two inches easterly
from the easterly line or side of Eleventh avenue; thence northerly two hundred and four feet four inches to a point in the
southerly line or side of Seventy-ninth street, distant two hundred and forty-eight feet four inches easterly from the easterly
line or side of Eleventh avenue; thence northerly one hundred
feet to a point in the northerly line or side of Seventy-ninth
street, two hundred and forty-nine feet four inches easterly from
the easterly line or side of Eleventh avenue; thence northerly
two hundred and four feet four inches to a point in the southerly line or side of Eightieth street, distant two hundred and
fifty-one feet six inches easterly from the easterly line or side of
Eleventh avenue; thence northerly sixty feet to a point in the
northerly line or side of Eightieth street, distant two hundred
and fifty-two feet one inch easterly from the easterly line or side
of Eleventh avenue; thence northerly two hundred and four
feet four inches to a point in the southerly line or side of Eighty-.
first street, distant two hundred and fifty-four feet three inches
easterly fiom the easterly line or side of Eleventh avenue; thence
northerly sixty feet to a point in the northerly line or side of
Eighty-first street, distant two hundred and fifty-four feet ten
inches easterly from the easterly line or side of Eleventh avenue;
thence northerly two hundred and four feet four inches to a
point in the southerly line or side of Eighty-second street, distant two hundred and fifty-seven feet easterly from the easterly
line or side of Eleventh avenue; th'ence northerly sixty feet to a
point in the northerly line or side of Eighty-second street, distant two hundred and fifty-seven feet seven inches easterly from
the easterly line or side of Eleventh avenue; thence northerly
two hundred and four feet four inches to a pointin the southerly
line or side of Eighty-third street, distant two hundred and fiftynine feet nine inches easterly from the easterly line or side of
Eleventh avenue; thence northerly sixty feet to a point in the
northerly line or side of Eighty-third street, distant two hundred and sixty feet four inches easterly from the easterly line or
side of Eleventh avenue; thence northerly two hundred and four
feet four inches to a point in the southerly line or side of Eightyfourth street, distant two hundred and sixty-two feet seven
inches easterly from the easterly line or side of Eleventh avenue;
thence northerly sixty-one feet to a point in the northerly line
or side of Eighty-fourth street, distant two hundred and seventythree feet ten inches easterly from  the easterly line or side of
Eleventh avenue; thence northerly two hundred and seven feet
eleven inches to a point in the southerly line or side of Eightyfifth street, distant three hundred and twelve feet one inch
easterly from the easterly line or side of Eleventh avenue; thence




856              ACTS RELATING TO THE CITY OF NEW YORK.
northerly sixty-one feet to a point in the northerly line or side of
Eighty-fifth street, distant three hundred and twenty-three feet
four inches easterly from the easterly line or side of Eleventh
avenue; thence northerly two hundred and seven feet eleven
inches to a point in the southerly line or side of Eighty-sixth
street, distant three hundred and sixty-one feet seven inches
easterly from  the easterly line or side of Eleventh avenue;
thence easterly along the  southerly line or side of Eightysixth street, to a point in said southerly line or side of Eightysixth street distant three hundred and sixty-two feet two inches
westerly from the westerly line or side of Tenth avenue; thence
southerly two hundred and seven feet eleven inches to a point
in the northerly line or side of Eighty-fifth street, distant four
hundred feet five inches westerly from the westerly line or side
of Tenth  avenue; thence  southerly  sixty-one  feet to  a
point in the southerly  line or side of Eighty-fifth  street,
distant four hundred and eleven feet eight inches westerly
from  the  westerly line  or side  of Tenth  avenue; thence
southerly two hundred and seven feet eleven inches to a point
in the northerly line or side of Eighty-fourth street, distant
four hundred and forty-nine feet eleven inches westerly from
the westerly line or side of Tenth avenue; thence southerly
sixty-one feet to a point in the southerly line or side of Eightyfourth street, distant four hundred and sixty-two feet five
inches westerly from the westerly line or side of Tenth avenue;
thence southerly two hundred and four feet four inches to a
point in the northerly line or side of Eighty-third street, distant
four hundred and sixty-four feet eight inches westerly from the
westerly line or side of Tent[l avenue; thence southerly sixty
feet to a point in the southerly line or side of Eighty-third street,
distant four hundred and sixty-five feet three inches westerly from
the westerly line or side of Tenth avenue; thence southerly two
hundred and four feet four inches to a point in the northerly
line or side of Eighty-second street, distant four hundred and
sixty-seven feet five inches westerly from the westerly line or
side of Tenth avenue; thence southerly sixty feet to a point in
the southerly line or side of Eighty-second street, distant four
hundred and sixty-eight feet  westerly from  the  westerly
line or side of Tenth avenue; thence southerly two hundred and
four feet four inches to a point in the northerly line or side of
Eighty-first street, distant four hundred and seventy feet two
inches westerly from the westerly line or side of Tenth avenue;
thence southerly sixty feet to a point in the southerly line or
side of Eighty-first street, distant four hundred: and seventy feet
nine inches westerly fiom the westerly line or side of Tenth
avenue; thence southerly two hundred and four feet four inches
to a point in the northerly line or side of Eightieth street,
distant four hundred and seventy-two: feet eleven inches westerly from  the westerly line or side of Tenth avenue; thence
southerly sixty feet to a point in the southerly line or side of




MAP OR PLAN OF THE CITY.                          857
Eightieth street, distant four hundred and seventy-three feet six
inches westerly from the westerly line or side of Tenth avenue;
thence southerly two hundred and four feet four inches to
a point in the northerly line or side of Seventy-ninth street,
distant four hundred and seventy-five feet eight inches westerly
from the westerly line or side of Tenth avenue; thence southerly
one hundred feet to a point in the southerly line or side of
Seventy-ninth street, distant four hundred and seventy-six feet
eight inches westerly from the westerly line or side of Tenth
avenue; thence southerly two hundred and four feet four inches
to a point in the northerly line or side of Seventy-eighth street,
distant four hundred and seventy-eight feet ten inches westerly
from the westerly line or side of Tenth avenue; thence southerly
sixty feet to a-point in the southerly line or side of Seventyeighth' street, distant four hundred and nineteen feet five inches
westerly from the westerlyline or side of Tenth avenue; thence
southerly two hundred and twenty-three feet five inches to
a point in the northerly line or side of Seventy-seventh street,
distant three hundred and eighty-two feet westerly from  the
westerly line or side of Tenth avenue; thence southerly sixtyfive feet eight inches to a point in the southerly line or side of
Seventy-seventh street, distant three hundred and fifty-five feet
six inches westerly from  the westerly line or side of Tenth
avenue; thence southerly two hundred and twenty-three feet
five inches to a point in the northerly line or side of Seventysixth street, distant two hundred and sixty-five feet westerly
from the westerly line or side of Tenth avenue, thence southerly
sixty-five feet eight inches to a point in the southerly line or
side of Seventy-sixth street, distant two hundred and forty-four
feet eleven inches westerly from  the westerly line or side of
Tenth avenue; thence southerly two hundred and five feet seven
inches to a point in the northerly line or side of Seventy-fifth
street, distant two hundred and twenty-one feet nine inches
westerly from the westerly line or side of Tenth avenue; thence
southerly sixty feet five inches to a point in the southerly line
or side of Seventy-fifth street, distant two hundred and twelve
feet westerly from the westerly line or side of Tenth avenue;
thence southerly two hundred and thirteen feet eight inches to
a point in the northerly line or side of Seventy-fourth street,
distant one hundred and forty-nine feet six inches westerly from
the westerly line? or side of Tenth avenue; thence southerly
sixty-two feet nine inches to a point in the southerlyline or
side of Seventy-fourth street, distant one hundred and thirty-one
feet two inches westerly from the westerly line or side of Tenth
avenue; thence southerly two hundred and thirteen feet to a
point in the northerly line or side of Seventy-third street, distant sixty-eight feet seven inches westerly from the westerly
line or side of Tenth avenue; thence southerly sixty-two feet
nine inches to a point in the southerly line or side of Seventytlird street, distant fifty feet three inches westerly from the




858               ACTS RELATING TO THE CITY OF NEW  YORK.
westerly line or side of Tenth avenue; thence southerly one
hundred and seventy-two feet two inches to a point in the
westerly line or side of Tenth avenue, distant southerly one
hundred and sixty-four feet four inches from the southerly line
or side of Seventy-third street; thence along said westerly line or
side of Tenth avenue to the point or place of beginning, is
hereby declared for all legal purposes to be one of the streets
of the said city, in like manner as if the same had been so laid
out by the commissioners appointed in and by the act entitled
"An act relative to improvements touching the laying out of
streets and roads in the city of New York, and for other purposes," passed April 3, 1807.
SEC. 2. The said street shall be known by such name as the
common council of the city of New York may hereafter determine for the same.
SEC. 3. This act shall take effect immediately.
1851.-CHAPTER  CCCCXLIII.
AN ACT to alter the Map or Plan of the City of New Yorks, t?/ extending Washington Street, in said City, from its present Terminiation at Gansevoort Street to Twelfth Street.-Passed July 9, 1851.
The Peopleof the State of New York, represented in Senate and
Assembly, do enact as follows:
SEc. 1. Washington street, in the Ninth ward of the city of
New York, is hereby extended from its present termination at
Gansevoort street, to Twelfth street, by continuing the same in
the same direction and of the same width as Washington street
is at present between Troy street and Gansevoort street; and
said piece or parcel of ground between Gansevoort street and
Twelfth street is hereby declared to be a public street, in like
manner as if the same had been laid out by the commissioners
appointed in and by the act of the legislature entitled "An
act relative to improvements touching the laying out of the
streets and wards in the city of New York, and for other purposes," passed April third, eighteen hundred and seven.
SEC. 2. This act shall take effect immediately.




MAP OR PLAN OF THE CITY.                          859
1S52. —-CHAPTER CCLXXXV.
AN ACT to establish a Permanent Exterior Street in the City of
New York, along the Shore of the Harlem River, from the East
River or Sound to the North River.-Passed April 14, 1852.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. It shall be lawful for the mayor, aldermen, and com- Street to bo
laid out and
monalty of the city of New York to lay out and fix a perma-p mapade.
nent exterior street, along the shore of the Harlem river in the
city of New York, between the East river or sound and the
North or Hudson river, and to cause a map thereof to be made;
and which map, when approved of and ratified by the said the
mayor, aldermen, and commonalty, shall be filed in the office of
the street commissioner of said city.
SEC. 2. The several streets and avenues of said city, as laid Streetstobo
out on the map or plan made by the commissioners appointed co"tinue"
by the act entitled " An act relative to improvements touching
the laying out of streets and roads in the city of New York, and
for other purposes," passed April third, eighteen hundred and
seven, or as subsequently established by law, shall be continued
and extended along the present lines thereof, from their present
terminations on the said map or plan respectively to the said exterior street and permanent line.
SEC. 3. The mayor, aldermen, and commonalty of the city of Lands coverNew York shall be, and they are hereby, vested with all the watet.
right and title of the people of this state to the lands covered
with water along the shore of the said Harlem river, from the
East river or sound to the North or Hudson river, and extending
from low water mark to and including the said exterior street
or permanent line.
SEC. 4. The proprietors of all grants of land under water, or Proprietors
owner or owners of all lands adjacent to those hereby granted, hav wereo
shall have the pre-emptive right in all grants which may be,mti~o
made by the said the mayor, aldermen, and commonalty of the
city of New York, if any, of-the lands under water granted to
them by this act, adjacent to and in front of the said lands under
water heretofore granted by the said the mayor, aldermen, and
commonalty of the city of New York.
SEC. 5. This act shall take effect immediately.




860             ACTS RELATING TO THE CITY OF NEW YORK.
1857.-CHAPTER LXXIII.
AN ACT to alter or amend the Map or Plan of the City of New
York, so as to close Bloomingdale Square in said City of New
York.-Passed M3arch 6, 1857, "three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact asfollows:
ooming-q   SEC. 1. All that certain piece, parcel, or plot of land situate,
discontinued lying, and being between Fifty-third and Fifty-seventh streets,
and the Eighth and Ninth avenues, and called Bloomingdale
square, as laid down and designated on the map or plan of the
city of New York, made by the commissioners appointed in and
by the act entitled " An act relative to improvements touching
the laying out of streets and roads in the city of New York, and
for other purposes," passed April 3, 1807, is hereby closed and
discontinued on said map or plan of said city of New York.
teets to be  SEC. 2. Fifty-fourth, Fifty-fifth, and Fifty-sixth streets, as they
are laid down and designated on the said map or plan of the
city of New York, shall be respectively continued and extended
over and through the said plot of land, called Bloomingdale
square, from the westerly side of the Eighth avenue to the easterly side of the Ninth avenue, and the said map or plan is
hereby altered accordingly. The said streets shall be so continued in like manner, and with the like effect as if the same had
been thus laid out by the commissioners aforesaid.
SEC. 3. This act shall take effect immediately.
1857.-CHAPTER CCCLXXXVIII.
AN ACT' authorizing the Mayor, Aldermen, and Commonalty of the
City of New York to widen Broadway or Bloomingdale Rload,
between Fifty-seventh and Fifty-ninth streets, in the city oj'New York.
-Passed April 13, 1857, "three-fifths being present."
The People of the State of New York, represented in Senate and:
Assembly, do enact as follows:
May widen  SEC.. The street known as Broadway or Bloomingdale road,
streets.
in the city of New York, may be widened by the mayor, aldermen, and commonalty of the city of New York, between Fiftyseventh and Fifty-ninth streets, to such width as they may deem
proper, anything contained in the act, entitled " An act relative
to improvements touching the laying out of streets and roads in
the city of New York, and for other purposes," passed April 3,
1807, to the contrary notwithstanding. And whenever the said
mayor, aldermen, and commonalty of the city of New  York
shall deem it desirable, in order to improve the access to Central




MAAP OR PLAN OF THE CITY.                        861
park, or otherwise for the public convenience, so to widen the
said street, they may order and direct the same to be done in
like manner, and the like proceedings shall be thereupon had in Proceedings.
relation to the said widening, as if the said widening was in a
part of the said city not laid out into streets, avenues, squares,
and public places by the commissioners of streets and roads in
the city of New York, under and by virtue of the said lastmentioned act; and all the provisions relative to the widening
of streets in that part of the said city not laid out as aforesaid,
which are contained in the act entitled "An act to  reduce
several laws relating particularly to the city of New York into
one act," passed April 9, 1813, and the several acts altering and
amending the same, shall be construed to apply to the said
widening.
SEC. 2. The commissioners who may be appointed to assess Assessment
of' expense.
the damage and benefit in consequence of such widening, shall be
authorized to assess such part of the expense or damage as they
may deem reasonable upon the mayor, aldermen, and commonalty of the city of New York, by reason of such widening being
required to facilitate the access to Central park.
1857. CHAPTER DCCLXXXV.
AN ACT to confirm and legalize the Resolution of the Common
Council of the City of New  York, providing for the widening of
Battery Place, and to authorize. (1)-Passed April 18, 1857,
"three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Resolution
SEC. 1. The resolution adopted by the common council of the confirmed.
city of New York, on or about the thirty-first day of December,
eighteen hundred and fifty-three, providing for the opening of
Battery place, in accordance with the plan referred to in said
resolution, and on file in the office of the clerk of the common
council, is.hereby confirmed and made valid and effectual to all
intents and purposes; and the street commissioner is hereby
directed to proceed with said opening, in conformity with said
resolution: provided, however, that Battery place be made not
more than seventy feet wide at the corner of Broadway, nor
more than two hundred feet wide at the corner of West street
and Battery place. And it is also provided, that a ferry slip Ferry slip
may be constructed at the foot of Battery place when widened
as aforesaid, not more than two hundred and fifty feet long, and
being fifty feet wide at Battery place; the north side of said
(1) So in the original.




862              ACTS RELATING TO THE CITY OF NEW YORK.
slip to be placed not nearer to pier number one, North river,
than one hundred and nineteen feet at Battery place, nor nearer
than one hundred and seventy feet from  said pier at the outer
end of said slip; and that no pier or wharf shall be hereafter
constructed between the north side of said ferry slip and pier
number one, North river; nor the privileges, as at present enjoyed by the occupants of pier number one, in any way interConstruction fered with, other than by constructing a bulkhead which is hereby authorized between said pier number one and the pier hereby
authorized; and provided further that the ferry slip and bulkhead herein authorized shall not be constructed without the consent of the common council, hereafter to be granted by an
ordinance duly passed; and provided further that the construction of said slip and bulkhead, and each of them, and the ferry,
ferry privilege, and every right, benefit, or franchise arising from
lef'etc.  such slip, bulkhead, ferry, or ferry privilege shall be constructed and granted by the corporation of the city of New York, in
the manner now provided by law: provided, however, that the
ferry slip hereby authorized shall not be extended beyond, nor
interfere with, the exterior line of the harbor of the city of New
York as established by law.
1859. -CHAPTER  CCCLXIII.
AN  ACT to alter the Map or Plan of the City of ANew York. —
Passed April 15, 1859, "three-fifths being present."
The People of the State of Ncw York, represented in Senate and
Assembly, do enact asfollows:
Part of   SEC. 1. All that part of the Seventh avenue, in the city of
Seventh
avenue to New York, lying between the southerly side of One Hundred
be widened. and Tenth street and the Harlem river, shall be widened on the
map or plan of the said city, by adding thereto on each side
thereof twenty-five feet, so as to make the whole width of that
part of the said avenue one hundred and fifty feet.
Declared one  SEC. 2. The said part of the said Seventh avenue so to be
of the streets
of the city. widened is hereby declared to be one of the streets or avenues
of the city of New York, in like manner and with the like effect
as if the same had been so laid out by the  commissioners
appointed in and by the act entitled " An act relative to improvements touching the laying out of streets and roads in the
city of New  York, and for other purposes," passed April 3,
1807.  The said part of the said avenue shall be laid out and
regulated under the supervision of the commissioners of the
Central park, but no action shall be taken in relation to said




MAP OR ILAN OF THE CITY.                          863
widening until the owners of at least one-half of the front on
the said part of the said avenue shall petition the common
council for such widening.
SEC. 3. This act shall take effect immediately.
1860.-CHAPTER CCI.
AN ACT to appoint Com.missioners for laying out that portion of
the City and County of New York lying north of One Hundred and
Fifty-fifth Street; and to change the 2plan of Streets and Avenues in,
that part of said City lying between One Hundred and'Twenty-fifth
and One Hundred and Forty-first Streets, east of the Tenth Avenue,
and west of a line fifty feet east of the old Kingsbridge Road, and
runn.ig  parallel with said Road. - Passed April 7, 1860,
" three-fifths being present."
WHEREAS, it is found impracticable and ruinous to land-Preamble,
owners, and injurious to the interests of the city, to grade and
lay out streets and avenues north of One Hundred and Fiftyfifth street, and also within the district above mentioned, upon
the present plan of the city, at right angles, and in blocks of
uniform  size, on account of the elevated, irregular, and rocky
formation of that district; therefore,
The People of the State of New York, represented in Senate and
Assembly, do enact asfollows:
SEC. 1. That James C. Willet, John A. Haven, Isaac P. CommMartin, Isaac Dyckman, Charles M. Connolly, John F. Seaman, streets,
and Henry H. Elliott, be and they are hereby appointed con- venues.
nissioners of streets, roads, and avenues, in all that part of the
city of New  York lying north of One Hundred and Fifty-fifth
street, and between the Harlem river onthe east and Hudson river
on the west, and in all that part of the said city lying between the
northerly side of One Hundred and Twenty-fifth and the southerly side of One Hundred and Thirty-fifth streets, east of the
Tenth avenue, and west of the line above mentioned, and in all
that part of said city lying between the northerly side of One
Hundred and Thirty-fifth street and the southerly side of One
Hundred and Forty-first street, east of the Ninth avenue, and
west of the said line, for the purpose of performing the several
acts and duties hereinafter prescribed.  That in case of the
death, resignation, or refusal to act, of any or either of said
commissioners, it shall and may be lawful for the remaining
commissioners, or a majority of them, as often as such event or
vacancy shall happen, to appoint a suitable person or persons to
fill such vacancy or vacancies, and such appointees respectively
shall have all the power and authority vested in a commissioner
by this act.




864              ACTS RELATING TO THE CITY OF NEW YORK.
Powers: SEC. 2. It shall and may be lawful for said commissioners, or
a majority of them, and they shall have and possess exclusive
power to lay out streets, roads, avenues, and public squares, of
such width, extent, and direction, and of such grades, as to them
and avenues shl l seem
and avnus shall seem most conducive to public good. Nothing in this act
t to be shall authorize the closing up of the Tenth avenue, or of the old
closed.
or new Kingsbridge road, or of the Bloomingdale road; but the
commissioners, if they deem it for the public good, may, in their
plan and map hereinafter mentioned, provide for straightening
and widening said roads, or either of them, or any part or parts
thereof, within the boundaries aforesaid.
Duties and  SEC. 3. It shall be lawful for the said commissioners, and for
powers of
road corm- all persons acting under their authority, to enter in the daytime
misionrs. into and upon any lands, tenements, and hereditaments which
they shall deem necessary to be surveyed, used, or converted for
the laying out, opening, or forming of any street, road, avenue,
or public square as aforesaid. And the said commissioners, or a
majority of them, shall cause three similar maps of said streets,
roads, avenues, and public squares, so to be laid out by them as
aforesaid, and of the grades thereof, and of the shores bounding
the lands by,them surveyed, to be made upon an extensive scale,
accompanied by such field notes and elucidatory remarks as the
nature of the subject may require; which maps, accompanied
by such field notes and remarks, shall be attested by the said
commissioners, or a majority of them, before any person authorized to take acknowledgments of deeds and conveyances; and
to be filed, one in the office of the Secretary of State, to remain
of record; one other to be filed in the office of the clerk of the
city and county of New  York, to remain of record; and the
other of the said maps to belong to the mayor, aldermen, and
commonalty of the city of New York; and that the said commissioners shall erect proper monuments at suitable places upon
such streets, roads, avenues, and public squares, and upon the
shores of the Hudson and Harlem rivers, so as to denote the position and courses of the streets, roads, avenues, and public
squares, and to be noted on said maps; and that said commissioners shall take the elevations and depressions of the several
intersections of the streets, roads, avenues, and public squares
above high water mark, within the boundaries aforesaid, or so
many of them as they may think sufficient, and shall delineate
them, together with the grades, and all such hills, valleys, inlets,
and water-courses, as may be necessary on said maps, as to render the same explicit and intelligible.
SEC. 4. It shall not be lawful for either of the commissioners,
during the time he maybe in office, directly or indirectly to
purchase, or contract to purchase, any lands, tenements, or hereditaments, within the boundaries aforesaid.  And every deed,
contract, or conveyance, contrary to the intent hereof, shall be
utterly void. And before the commissioners shall enter upon




MAP OR PLAN OF THE CITY.                           865
their duties, they shall severally take and subscribe an oath before the mayor or recorder of the city of New York, faithfully
and impartially to execute the duties of their said office, and no
compensation or allowance whatever, directly or indirectly, shall
be made to the said commissioners, or to any or either of them,
for their services in virtue of this act; and the board of supervisors of the city and county of New York shall raise, and they
are hereby authorized and empowered to raise, and cause to be
raised, annually, by tax, on all lands in the city and county of
New  York, to be collected in addition to the ordinary taxes
yearly, such sum and sums of money as, in their judgment, and in
the judgment of a majority of said commissioners, shall be necessary to defray the expenses necessary to carry on the work of
the commissioners, contemplated by this act, during each year,
until such work shall be completed; which said yearly sum or
sums shall be subject to the draft, from time to time, of a majority of said commissioners, for the monthly or other periodical
payment of the expenses to, be incurred by them for the services
of surveyors and employees, and for monuments, maps, and
other necessary things to carry on said work; but no such draft
shall be paid until a true account of such expenses shall have
been rendered to the comptroller of said city, verified by the
oath of the employees or persons to whom the same is payable,
and of at least three of said commissioners, nor until such
account shall have been approved in writing by said comptroller;
nor shall any such draft be paid for any greater sum than the
amount of such expenses, ascertained as aforesaid.
SEC. 5. The plans, grades, and surveys of the said commis- Pars, etc.,
sioners, or of a majorityof them, in respect to the laying out and soners to be
I-  n,,  "  ^   i'^'    n  i   i  final  and
grading of streets, roads, avenues, and squares, within the bound- couclus ve.
aries aforesaid, and the said maps, shall be final and conclusive,
as well to the said mayor, aldermen, and commonalty, as in
respect to the owners and occupants of lands, tenements, and
hereditaments, within the boundaries aforesaid, and in respect to
all persons whomsoever.  And no street, road, avenue, or public
square within the said boundaries, shall, after the passage of this
act, be legally opened, graded, or worked, except in accordance
with the plans as shall be laid down by said commissioners, in
manner aforesaid; also, excepting such as may have already
been legally opened' or worked. And no street, road, avenue,
or public square, within the boundaries aforesaid, shall, at any
time hereafter, be opened, graded, or worked, except upon the
written consent or petition, to the common council of said city,
of the owners of a major part of the lands, in lineal feet, fronting on such street, road, avenue, or public square, within' the
limits of the proposed opening; and whenever, in respect to any
continuous section of any such street, road, avenue, or public
square, of a mile in length, within the limits of the proposed
opening, there shall not be such consent in writing of the own55




866              ACTS RELATING TO THE CITY OF NEW YORK.
ers of a major part of the lands, in lineal feet, fronting on such
section, such section or part shall not be opened until such consent be given.
Owners of  SEC. 6. The owners of any land or lands, through which the
lands may
lay outec commissioners, as aforesaid, shall lay out any street, road, aveat own ex- nue, or public square, may, at their own expense, at any time
pense.   before the opening thereof shall have been contracted for according to law, open and work, in a proper manner, any such street,
road, avenue, or public square, within the limits of their said
land or lands, in accordance with the plans, grades, width,
courses, elevations, and depressions laid down by the said commissioners, as aforesaid, and shall thereupon be entitled to an
equitable allowance by way of deduction in any assessment for
the opening and working of said street, road, avenue, or public
square, in respect to the other land or lands through which said
street, road, avenue, or public square, may be legally opened.
Duties    of
mayor, etc.,  SEC. 7. Whenever the said mayor, aldermen, and commonalty
casesn  shall, upon the written consent or petition, as aforesaid, of the
owners of the majority of the lineal feet of lands fronting on any
such street, road, avenue, or public square, so to be laid out as
aforesaid, open and work such street, road, avenue, or public
square, the lands, tenements, and hereditaments to be taken
therefrom, or devoted as provided for in the sixth section of this
act, shall be paid for, and the lands, tenements, and hereditaments intended to bebenefited thereby shall be assessed in the
manner now  provided  for by existing laws, making such
equitable deduction, as aforesaid, in the cases provided for in said
sixth section, except, however, that the entire expense, compensation, and charge of every nature and kind, of the said commissioners of estimates, and so forth, or other persons who may be
appointed, or who may act in respect to the opening of any such
street, road, avenue or public square, and of all surveyors, clerks,
aids, employees, counsel, or otherwise, and including all costs,
fees, and disbursements of any nature and kind whatever, shall
not, in the aggregate, for the opening and estimate of assessment and award in respect to any street, road, avenue, or public
square, exceed the sum often hundred dollars per mile in length
of such street, road, avenue, or square, and in that proportion
for any less distance in length which may be opened. And upon
any such street, road, avenue, or public square, or any part
thereof, being legally opened, as aforesaid, the fee thereof shall
vest in the said mayor, aldermen, and commonalty, for the use
of the public, as a public street, road, avenue, or public square.
Proceedings   SEC. 8. That whenever any of the owners of any such lands,
in case of
infant own- tenements, and hereditaments so taken, shall be infants, or otheresf real wise legally incompetent in law to act, or absent from the city of
New York, the said mayor, aldermen, and commonalty shall pay




MAP OR PLAN OF THE CITY.                           867
the sums mentioned in the report or award as coming to such
owners respectively into the said supreme court, to be secured,
disposed of, and improved, as the said court shall direct, and such
payment shall be equally valid and effectual as if such owner or
owners had been present, and legally qualified to act.
SEC. 9. The streets, from  and including One Hundred andStreet
Thirtieth, to and including One Hundred and Thirty-fourth new avenue
street, from the easterly side of Tenth avenue to the westerly laid out.
side of the new avenue hereinafter provided for, and also so much
of the Ninth avenue as extends from the northerly side of One
Hundred and Twenty-ninth street to the southerly side of One
Hundred and Thirty-fifth street, are hereby closed, and thesaid
commissioners shall lay out a new avenue of one hundred feet
in width, to be called the new Ninth avenue, which shall commence on its westerly side, at a point on the northerly side of
One Hundred and Twenty-fifth street, as near to the north-easterly corner of the present Ninth avenue and One Hundred and
Twenty-fifth street, as to the said commissioners, or a majority
of them, shall be deemed advisable, and shall run thence northeasterly, until the easterly side thereof shall intersect the southeasterly corner of One Hundred and Twenty-sixth street and
the old Kingsbridge road, and shall then mainly follow, as near as
may be, the course of such last mentioned road in such manner
as to terminate on the westerly side of such new avenue at the
southeast corner of the Ninth avenue and One Hundred and
Fortieth street, and on the easterly side of such new avenue at
the southeasterly corner of the Ninth avenue and One Hundred
and Forty-first street.
SEC. 10. That all laws, and parts of laws, inconsistent with Inconsistent
the provisions of this act, or any of them, are hereby repealed, t ree
in so far as they relate or affect any lands, tenements, and hereditaments situate within the boundaries aforesaid.
1860.-CHAPTER  CCCLXVIII.
AN ACT authorizing the Mayor, Aldermen, and Commonalty of
the City of New York to continue East Street.-Passed April 13,
1860, by a two-third vote.
The People of the State of New  York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The mayor, aldermen, and commonalty of the city of Eastbstreet
New York are hereby authorized to continue East street seventy tinned.
feet in width on the East river, fiom Rivington street to the
northerly line of Stanton street, along the westerly side of the




368             ACTS RELATING TO THE CITY OF NEW YORK.
bulkhead line, as established by an act entitled "An act to
establish bulkhead and pier lines for the port of New York,"
passed April seventeenth, eighteen hundred and fifty-seven; and
all grants made or hereafter to be made by said mayor, aldermen,
and commonalty, of lands under water, between Rivington and
Stanton streets, in said city, shall be construed'as extending to
rtles tid bulkhead line. And all the interest of the people of the
ed      state of New York to the land under water, between Rivington
and Stanton streets, is hereby released to the mayor, aldermen,
and commonalty of said city of New York and to their grantees;
but nothing herein contained shall be construed as giving any
claim or demand against the said mayor, aldermen, and commonalty for damages on continuing and establishing said East
street.
SEC. 2. This act shall take effect immediately.
1860.-CHAPTER CCCCLXVI.
AN ACTto alter the Map or Plan of the City of New York.Passed April 17, 1860, " three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. All that piece or parcel of land, being eighty feet
wide, running between and parallel with the Fourth and Fifth
avenues in the city of New York, from the northerly side of
Forty-second street to the southerly side of Eighty-sixth street
(the easterly line or side of said piece of land being four hundred feet distant westerly from the westerly line of the Fourth
avenue, and the westerly line or side thereof being four hundred
and twenty-five feet distant easterly from the easterly line of
Fifth avenue), is hereby declared, for all legal purposes, to be
one of the streets of said city, in like manner as if the same had
been laid out by the commissioners appointed in and by the act
entitled "An act relative to improvements touching the laying
out of streets and roads in the city of New York, and for other
purposes," passed April third, eighteen hundred and seven. (As
amended 1862, ch. 176.)
SEC. 2. This act shall take effect immediately.




MAP OR PLAN OF THE CITY.                          869
1860.-CHAPTER CCCCLXXXVI.
AN ACT to alter the Map or Plan of the city of New York.Passed April 17, 1860, " three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. All that piece or parcel of land, being seventy-five sdra'  a
feet wide running between and parallel to Third and Fourth pubi street
avenues, in the city of New York, lying two hundred feet west
of Third avenue, and extending from O.e Hundred and Twentieth to One Hundred and Twenty-first street and now known
as Sylvan place, and used as a street, is hereby declared, for all
legal purposes, to be one of the streets of said city, in like
manner as if the same had been laid out by commissioners
appointed in and by the act entitled.' An act relative to improvements touching the laying out of the streets and roads in
the city of New York, and for other purposes," passed April 3,
1807, or by commissioners appointed by the supreme court
according to law.
SEC. 2. This shall take effect immediately.
1862.- CHAPTER CLXXVI.
AN ACT to amend an act entitled " An act to alter the Map or
Pidn o/ the City of New York," passedApril 17, 1860.-Passed
April 11, 1862, "three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The act entitled " An act to alter the map or plan of
the city of New York," passed April 17, 1860, ch. 466, is hereby amended by striking out the word " five" after the words
four hundred and twenty in said act, so as to read " four hundred and twenty feet distant easterly from the easterly line of
the Fifth avenue."
SEC. 2. The proceedings heretofore commenced for the opening of Madison avenue, under said act, shall be amended in conformity with this act.
SEC. 3. This act shall take effect immediately. ~




MECHANICS' LIENS.
1851.-CHAPTER  DXIII
AN ACTfor the better Security of Mechanics and Others erecting
Buildings and furnishing Materials therefor in the City and
County of New York.-Passed July 11, 1851.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
hani ce-  SEC. 1. Any person who shall hereafter, by virtue of any
contract with the owner thereof, or his agent, or any person
who, in pursuance of an agreement with any such contractor,
shall, in conformity with the terms of such contract, perform
any labor or furnish materials in building, altering, or re.
pairing any house or other building or appurtenances to any
house or other building in the city and county of New York,
shall, upon filing the notice prescribed in the sixth section
hereof, have a lien for the value of such labor and materials upon
such house or building and appurtenances, and upon the lot of
land upon which the same stand, to the extent of the right, title,
and interest at that time existing, of such owner, in the manner
and to the extent hereinafter provided; but such owner shall
not be obliged to pay for, or on account of, such or any other
building or appurtenances, in consideration of all that is authorized by this act to be created, any greater sum or amount than
the price stipulated and agreed to be paid therefor in and by such
contract.
Proofof con. SEC. 2. Any person furnishing such materials or performing
such labor, in pursuance of a written contract with such owner
or his agent, shall produce such contract, or the best evidence
thereof in his possession, the validity of which shall be established in evidence before the court in which he may bring his
suit to recover the value of his lien, and shall recover no more
than the price stipulated to be paid to him in such contract.
ProofWnr cse  SEC. 3. Any person performing such labor or furnishing such
contract.  materials without a written contract with such owner or his
agent, shall produce evidence as mentioned in the preceding
section, to establish the value of such labor or materials, and
that the same were used by the said owner or his agent, or the
original contractor in the erection, alteration, or repairing of
such building.




MECHANICS' LIENS.                              571
SEC. 4. Any contractor or laborer, or any person furnishing Lenorced
materials in pursuance of any contract made by such contractor
with such owner or his said agent therefor, may, after such labor
has been performed, or materials furnished, enforce or bring to
a close such lien, by serving or causing a notice to be served
personally on such owner or his agent, contractor, or laborer, or
person furnishing materials, requiring  him  to appear in the
court of common pleas, or, provided the amount claimed do not
exceed one hundred dollars, in a justice's court of the judicial
district in which such building is situated, or in the marine court
of said city and county of New York, either in person or by attorney, at a time certain upon some day to be specified in such
notice, not less than twenty days from the service thereof, and
submit to an accounting and settlement in such court, of the
amount due or claimed to be due for the labor thus performed,
or the materials thus furnished.
SEC. 5. At the time, or within fifteen days after the service of Bill o partisuch notice, a bill of particulars of the amount claimed to be
due shall be served personally on such owner, or his legal representatives, and also a bill of particulars of any offset which
may be claimed to the same shall be served in like manner upon
the laborer, contractor, or person furnishing materials, as the
case may be.
SEC. 6. Within six months after the performance of such Notioo  of
labor, or the furnishing of such materials, the contractor, subcontractor, laborer, or person furnishing materials, shall serve a
notice in writing upon the county clerk, specifying the amount
of the claim, and the person against whom the claim  is made,
the name of the owner of the building, and the situation of the
building, by its street and number, if the number be known.
The county clerk shall enter the particulars of such notice in a conty
book to be kept in his office to be called "the lien docket," duties.
which shall be suitably ruled in columns headed "claimants,"
"against whom claimed," " owners," " building," " amount claimed," and " date of notice, hour, minute," "what proceedings
have been had."  The names of owners and persons against
whom the claim is made to be inserted in alphabetical order. A
fee of ten cents shall be paid to the county clerk on filing such
lien, of which fees an account shall be rendered to the board of
supervisors, as provided by law with regard to other fees.
SEC. 7. In case said owner shall not appear at the time and Wrif iuplace specified in the notice given, in pursuance of the requirements of sections four and five, then on filing with the county
clerk, or with the clerk of the marine court, or with the justice,
an affidavit of the service of such notice, and of the default of the
owner to appear, a writ of inquiry may be issued to the sheriff
of said city and county, to assess the amount of such claim, or




872             ACTS RELATING TO THE CITY OF NEW YORK.
the amount of such claim  may be assessed by the Court of
common pleas, justice's court, or the marine court, as the
case may be, and upon the return of the writ of inquiry, or the
assessment by the court, judgment shall be entered upon the
same, and execution shall issue for the enforcement of said claim
so adjudicated and established, in the same manner as in cases
upon other judgments in such courts.
joined andw  SEC. S. On the appearance of both parties in pursuance ofthe
tried.    above requirement, issue shall be joined upon the claims made,
and notice of set-off served, and the same may be noticed for
trial and put upon the calendar of said court by either party,
and shall be governed, tried, and the judgment thereon enforced,
in all respects in the same manner as upon issues joined and
judgments rendered in all other civil actions for the recovery of
moneys in said courts.
Lien docket.  SEC. 9. A transcript of every judgment rendered, headed
"lien docket," shall be furnished by the clerk of the court or
the justice, to the successful party, who may file the same with
the county clerk, whose duty it shall be to enter the name of the
court, and the amount of the judgment, or where judgment is
against the claimant, the word "discharged" under the last
head in his docket.
Costs.    SEC. 10. Costs shall be allowed upon the same principle and
by the same rules, in such proceeding, as they are now allowed
by statute in civil actions for the recovery of money, and shall
form a part of the judgment recovered in the same.
Lien, ho   SEC. 11. The lien may be discharged as follows:
discharged.
1. By filing a certificate of the claimant or his successors in
interest, acknowledged or proved in the same manner as the
satisfaction of a mortgage, stating that the lien is discharged:
or,
2. By the deposit, with the clerk, of a sum of money equal to
the amount claimed, which money shall thereupon be held subject to the lien,: or,
3. By an entry of the clerk made in the book of liens, after
one year has elapsed since the filing of the claim, stating that
no notice has been given to him of legal steps to enforce the
lien: or,
4. By an affidavit of service of a notice from the owner to the
claimant, requiring him to commence an action for the enforcement of his lien, on or before a certain hour or day specified in
said notice, and the lapse of thirty days thereafter, without any
affidavit from the claimant being filed of the service of the notice
required in section four:




MECHANICS' LIENS.                             873
5. By satisfaction of the lien, upon an action for the enforcement thereof.
SEC. 12. Every lien created under the first section of this act Lien, how
shall continue until the expiration of one year from the creation tinu
thereof, and until judgment rendered in any proceedings for the
enforcement thereof.
SEC. 13. The act entitled "An act for the better security of Repeal.
mechanics and others erecting buildings in the city and county
of New York," passed April 20, 1830; and the act entitled "An
act for the better security of mechanics and others erecting
buildings and furnishing  materials therefor, in the city and
county of Newv York," passed April 29, 1844, are hereby repealed.(l)
185.-CHAPTER  CCCCIV.
AN ACT to amend an act entitled " An act for the better security
of Mechanics and others erecting Buildings and furnishing Materials therefor, in the City and County of New York," passed July
11, 1851. —Passed April 13, 1855.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. Whenever judgment shall be rendered in favor of the
claimant in any proceeding commenced under the act hereby
amended, such judgment shall direct the sale of the interest of
the owner in the land and premises upon which the lien exists,
to the extent of the right of such owner at the time of the filing
of the notice of lien, in pursuance of said act, and that the proceeds of such sale shall be applied to the payment of the costs
of the proceeding, and of the amount found to be due to such
claimant, and that the residue of such proceeds be paid to the
clerk of the city and county of New York, to abide the further
order of the court.
SEC. 2. The owner may apply to the court of common
pleas for the city and county of New York, for an order directing the clerk to pay to him the proceeds of such sale so paid to
the said clerk, upon producing the certificate of the clerk of
the city and county of New  York, that there are no liens
docketed in his office against or affecting the said premises,
which have been filed under the said act.
(1) The numerous decisions of the Court of Common Pleas of New York, affecting the
construction of this gct, and those repealed, will be found in Vol. I, E. D. Smith's Rep.,
p. 625, and following.




874             ACTS RELATING TO THE CITY OF NEW YORK.
SEC. 3. If it shall appear that there are other liens on file
with the clerk of the city and county of New York, affecting
the said premises, notice of such application shall be given to
the claimants respectively filing the notices creating such liens,
and thereupon the said court shall distribute such proceeds
among the parties entitled thereto, according to their respective
rights and priorities, and may order a reference to take proofs
in relation to such rights and priorities.
SEC. 4. In all sales under judgments to be rendered in these
proceedings, the interest of the owner shall be sold subject to
any prior liens existing thereon, unless the claimants under
such liens shall be made parties to the proceedings, in which
case the court shall settle the rights of the claimants, and the
payment by the owner of any valid lien or of any judgment
recovered in pursuance of the said act shall enure to him as a
payment to the amount thereof to the contractor.
SEC. 5. When the proceedings are commenced by a person
having a claim against a contractor with the owner, such contractor may be made a defendant with such owner, and judgment may be rendered against the contractor for the amount
which shall be found owing by him, in addition to the judgment
hereinbefore provided for against such owner, and the court
may award costs against such of the parties as shall be just.
SEC. 6. Whenever the owner or other persons who shall be
notified by the claimant to appear in the court of common
pleas, and submit to an accounting in pursuance of the provisions of the act hereby amended, shall not appear, the court
shall order a writ of inquiry to issue, or appoint a referee to
have the damages assessed therein, and the subsequent proceedings thereon shall be conducted as in other actions pending in
the said court. In the marine and district courts the amount
shall be ascertained by the court.
SEC. 7. The notice to create a lien shall be verified before
filing, in the same manner as a pleading is now required to be
verified by the Code of Procedure.




MEDICINES -PREPARATION AND
DISPENSING OF.
1839.-CHAPTER LXVII.
AN  ACT to regulate the Preparation and Dispensing of Medicine zn the City of New York.-Passed March 11, 1839.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. No person shall be hereafter allowed to commence or No person
practice, in the city of New York, the business of an apothecary, apothecary
or that of preparing and dispensing medicines, or of preparing Y'c ithor putting up physicians' prescriptions, without having pre- t a diploviously obtained the diploma of the college of pharmacy of the
city of New York, or unless furnished with a diploma from some
other regularly constituted college of pharmacy or medicine, or
shall have passed an examination of the censors of the medical
society of one of the counties of this state, and have been furnished by such censors with a certificate of his qualifications for
the business of an apothecary, which diploma or certificate he
shall produce to the secretary of the said college of pharmacy,
to be by him registered without'charge.
SEC. 2. Any person offending against the provisions of this Penalt.
law, shall be subject to a penalty of fifty-one dollars for each
and every offense, which may be recovered, with costs, in the
name of the people of the state of New York, in any civil court
of record; and the said fines when collected, after deducting
such reasonable counsel fees as the court shall allow, shall be
paid by the district attorney to the treasurer of the New York
city dispensary, for the use of said dispensary.
SEC. 3. This law shall not apply to persons who now carry clau
on said business, nor the preparation and dispensing of medicines
by licensed physicians.




876             ACTS RELATING TO THE CITY OF NEW YORK.
1860.-CHAPTER  CCCCXLII.
AN ACT to regulate the Sale of Poisons.-Passed April 16,
1860, "three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Book to be   SEC. 1. No person shall sell or give any poison or poisonous
substance without recording in a book, to be kept for that purpose, the name of the person receiving said poison, and his or
her residence, excepting upon the written order or prescription
of some regularly authorized practicing physician, whose name
must be attached to such order. Such book shall be kept open
for inspection. (As amended by ch. 273, 1862.)
oion to be  SEC. 2. No person shall sell, give, or dispose of any poison or
labeled.
poisonous substance, except upon the order or prescription of a
regularly authorized practicing physician, without attaching to
the vial, box, or parcel containing such poisonous substance, a
label with the name and residence of such person, and the word
" poison," all printed upon it with red ink, together with the
name of such poison written or printed thereon in plain and legible characters.
SEC. 3. (Repealed by ch. 273, laws of 1862.)
ersons        SEC. 4. Any person infringing any of the provisions of this act
upon provi- shall, upon conviction, be deemed guilty of a misdemeanor, and
act to be shall be punished by a fine not exceeding fifty dollars.
deemed
guilty of a
masde.    SEC. 5. This act shall only apply to incorporated cities and
villages having a population of one thousand inhabitants and
upwards in this state.




METROPOLITAN POLICE.
1860.-CHAPTER CCLIX.
AN ACT to amend an act, entitled "An act to establish a Metropolitan Police District, and to provide for the Government thereof,"
passed April 15, 1857.-Passed April 10, 1860, " three-fifths
being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The act, entitled "An act to establish a Metropolitan
Police District, and to provide for the Government thereof,"
passed April fifteenth, eighteen hundred and fifty-seven, is
hereby amended so as to read as follows:
SEC. 2. The counties of New York, Kings, Westchester, and etropliice
Richmond, and the towns of Newtown, Flushing, and Jamaica district.
in the county of Queens, are hereby constituted and territorially
united for the purposes of police government and police discipline therein, into one district, which shall be known as and
called the Metropolitan Police District of the State of New York.
SEC. 3. The powers and duties connected with and incident Powers and
to the police government and discipline of the said district shall wUhom'
be, as is hereinafter more especially provided for, vested in, and vted'
exercised by a board of metropolitan police, commissioners of
metropolitan police, and by a metropolitan police force, composed of a superintendent of metropolitan police force, inspectors of metropolitan police force, captains of metropolitan
police, sergeants of metropolitan police, and patrolmen of
metropolitan police.
SEC. 4. On or before the tenth day of April, A. D. eighteen Three com-,
missioners to
hundred and sixty, and thereafter from time to time, as may be- be appointed
come requisite, the governor shall nominate, and, by and with
the advice and consent of the senate, shall appoint, from among
the electors of the metropolitan police district, three commissioners of metropolitan police, who shall constitute the board
of metropolitan police, and two of them shall form a quorum for
the transaction of business. The governor shall have power to
fill up any vacancy or vacancies that may happen in such board
during the recess of the senate, by appointing a commissioner
or commissioners, who shall hold office until appointment shall
be made for the remainder of the unexpired term, in the man



878               ACTS RELATING TO THE CITY OF NEW  YORK.
ner hereinbefore provided.  Any one of the commissioners may
be at all times removed by the governor under the provisions of
statutes relating to the removal from  office of sheriffs, which
provisions are hereby extended so as to relate to each one of
the said commissioners.
sioners  to  SEC. 5. The said three commissioners, after having been duly
draw lots for
terms   of appointed under this section, shall assemble together in the
offce.    office of the secretary of state, and there proceed to draw lots
for three terms of office expiring respectively on the first days
of April, in the years eighteen hundred and sixty-two, eighteen
hundred and sixty-four, and eighteen hundred and sixty-six.
At the expiration of each of the said respective terms, the full
term succeeding shall be one of six years.
iours not  SEC. 6. Any one of the said commissioners who shall, during
to  acept his term of office, accept or hold any other place of public trust
office.    or civil emolument, or who shall, during his term of office, be
publicly nominated for any office elective by the people, and
shall not within ten days succeeding the same, publicly decline
the said nomination, shall be in either case deemed thereby to
have resigned his commission to the governor, and to have vacated his office, and the governor shall proceed as in case of
vacancy.
commission   SEC. 7. Upon the said three terms of office having been deterof appointment to be mined as aforesaid, by lot, and a certificate of the result attested
issued.   by each commissioner having been filed in the office of the secretary of state, there shall be issued to each commissioner from
said office the proper commission of appointment to office, for
the term so drawn by lot, and each commissioner shall, on receipt thereof, take and subscribe before the secretary of state,
for deposit in his office, the oath required by the constitution
for judicial officers.
C:mmis-    SEC. 8. The said three commissioners appointed under this
oi nted   section shall then take the place of the five commissioners of
under th police of the said the metropolitan police district, nowfulfilling
act to take     o      s
the place of therein under the act hereby amended, and the terms of office
those now in
offce.    of each of the said five commissioners shall thereupon be at an
end.  The board of metropolitan police, composed of the said
three commissioners, and of no other officers or persons, shall
succeed and take the place of the board of police then existing.
District to  SEC. 9. The said " the metropolitan police district " shall be
be divided     
into  pre- divided by the board of metropolitan police into precincts, not'   exceeding forty in the whole number thereof, and to each precinct shall be assigned a captain of metropolitan police, and as
many sergeants and patrolmen of the metropolitan police force
as the said board may deem sufficient. Any number of said pre



METROPOLITAN POLICE.                           879
cincts may be joined into a sub-district, by the said board, and
assigned to the charge of an inspector of police force. Any
number of precincts may be likewise joined into surgical sub-districts, and assignments be made thereto of surgeons of police by
the said board. In precincts within the county towns of Kings,
or the towns of Newtown, Flushing, and Jamaica, in the county
of Queens, or in the counties of Richmond or Westchester,
respectively, the said board may appoint therein any patrolman
as acting sergeant in command of such precinct, with powers of
captain, under the rules and regulations of the board, but without increase of pay.
SEC. 10. The board of metropolitan police, whenever vacancies Board of
police to fill
occur, or the same becomes requisite, shall appoint the superin- vacancies.
tendent of metropolitan police force, and the inspectors ofmetropolitan police force, not exceeding four, and the captains of
metropolitan police, not exceeding forty, and the sergeants of
metropolitan police, not exceeding one hundred and sixty, and
the patrolmen of metropolitan police to the number authorized
or restricted by this act. The board of metropolitan police shall
promulgate all regulations and orders through the superintend.
ent of police, who shall be the executive head of the whole
police force of the metropolitan district, and who shall have the
direction and control of said force, subject to the rules and regulations of the board of police.
SEC. 11. The quota of patrolmen for the county of New York, Quota of
and whose services are to be paid for by the contribution of said
county to the metropolitan police fund, shall not exceed one
thousand four hundred, unless the board of supervisors of said
county shall, by resolution, determine an additional number to
be necessary.  The quota of patrolmen for the city of Brooklyn,
and whose services are to be paid for by the contribution of said
city to the general police fund, shall not exceed two hundred,
unless the common council thereof shall, by resolution, authorize
the board of metropolitan police to appoint an additional specified number. Such resolutions may be passed from time to time
by either the said board of supervisors or the said common
council.
SEC. 12. The qualified voters of each of the towns in the oters of
respective counties of Kings, Westchester, and Richmond, and counties may
determine as
of each of the towns, respectively, of Newtown, Flushing, and to number oi
Jamaica, in the county of Queens, and the qualified voters of any  trolmen in
incorporated village within the said the metropolitan police til, towns,
district, shall have power, at any annual or special town meeting
or village election, to vote and determine if a regular patrolman,
or any  and  what numfber of regular patrolmen, shall be
appointed by the board of metropolitan police, to be stationed
in such town or incorporated village, and to direct the sum nec



880              ACTS RELATING TO THE CITY OF NEW YORK.
essary to be raised by tax, in such town or incorporated village,
for contribution to the metropolitan police fund, to pay such
patrolman or patrolmen.  Upon proper representation of any
such action of any of the above towns or villages, the board of
supervisors of the county in which such town is situated, or the
trustees of such incorporated village, shall cause the sum  so
voted to be collected with the other expenses of said town or
village. A special town meeting or village election, for the pur*pose or purposes aforesaid, may at any time be held, if required,
in the manner provided by law  for special town meetings, or
now authorized in respective incorporated villages within the
said district. But unless so voted as aforesaid, the counties of
Richmond, Westchester, and Queens, and such towns in the
county of Kings as are not within the bounds of the city of
Brooklyn, shall not become liable to the imposition of any tax
for the general or partial expenses of the board of metropolitan
police, provided for or incurred by this act, and only in any case,
according to the provisions of voting aforesaid, and then such
proportion of the general or partial expenses is to be imposed
upon the town or towns so voting, in proportion to the number
of patrolmen employed by such town or towns.
To hold office
during good  SEC. 13. Each member of the metropolitan police force of the
ehavior.  metropolitan  police district shall hold  office, respectively,
during his good behavior, and shall be liable to removal from
membership of the said police force only after written charges
shall have been preferred against him, according to the rules
and regulations of the said board, and the same shall have been
publicly heard and examined after notice to him thereof by the
said board, in manner to be prescribed by said rules and regulations.. But no person shall ever be appointed to membership
in the police force of the metropolitan police district, or shall
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 understandingly read or write in the English language,
or who shall not have resided within the district during the five
years next preceding his appointment, except that this last
limitation of residence shall not apply to members employed for
detective service, not exceeding fifty in number.
Vfacancies,   SEC. 14. Vacancies in the police force shall be filled up as follows: Inspectors must be appointed fromn among those now
holding office as deputy superintendent, or who are captains.
Captains must be appointed from among sergeants, and sergeants
must be appointed from among patrolmen.
Additional   SEc. 15. Theboardofpolice of the metropolitan police district,
special pa- whenever expedient, shall, on the application of any president
trolmen                   v.              d          croaio
may be  of an incorporated village within the said district, or corporation,
extraodi- or person or persons showing the necessity thereof, detail
nary ases. regular patrolmen of the police force, or appoint and swear any




METROPOLITAN POLICE.                          881
additional number of special patrolmen of the police force to do
special duty at any place within the metropolitan police district,
upon the corporation, person or persons by whom the application shall be made, contributing to the metropolitan police
fund, by payment to the treasurer, not exceeding the sum of
two dollars and fifty cents per diem of service on such detail of
special duty; but the patrolmen so additionally and specially
appointed, shall be subject to the orders of the superintendent
of metropolitan police force, and shall obey the rules and regulations of the said board, and conform to its general discipline,
and to such special regulations as may be made, and shall wear
such dress or emblems as the board may direct, and shall,
during the term of their holding appointment, possess all the
powers, privileges, and discharge all duties of the metropolitan
police force applicable to patrolmen. The persons so appointed
may be removed at any time by the board of police, without
assigning cause thereof (1), upon notice to the person or persons
who applied for the appointment as aforesaid.
SEC. 16. The board of police may also, upon any emergency spoen,
or apprehension of riot, pestilence, or invasion, appoint as many ithot py,
special patrolmen, without pay, from among the citizens, as it pointed i
may deem  desirable, and during any day of public election it cases.
may appoint, to perform duty in the city of New York, not exceeding five hundred special patrolmen, who may be paid out of
the police fund contributed\ by said city two dollars each for
their services as such special patrolmen; provided, however,
that each special patrolman so appointed shall make oath before
any commissioner of police, the superintendent of police force,
or the chief clerk of the board of metropolitan police at the
time of appointment, that he will not interfere in any manner
with the election taking place on the day for which he is
appointed, otherwise than by depositing his own vote; and
providing that such pay may be withheld, and he may be duly
prosecuted as for a misdemeanor, if the terms of such oath be
violated; and during the term of service of any special patrolman authorized as aforesaid, he shall possess all the powers and
privileges, and perform all the duties of the patrolmen of the
standing force of the district. Every such special patrolman
shall wear an emblem, to be prescribed and furnished by the
board of metropolitan police.
SEC. 17. No member of the metropolitan police force, under Iembers of
penalty of forfeiting the salary or pay which may be due to my   not
him, shall withdraw  or resign, except by permission of the excepby
board of metropolitan police, unless he shall have given to the permisson
superintendent one month's  notice, in  writing, of such
intention. There shall be no limitation or restriction of place of
residence, to any member of the metropolitan police force,
other than residence within the metropolitan police district.
(1) So in original.
56




882              ACTS RELATING- TO THE CITY OF NEW YORK.
President- t SEC. 18. The-commissioners of metropolitan police shall aned.     nually, or as often as a vacancy shall occur, select one of their
number to act as the president of the board of metropolitan
dwiesofnd police. He shall preside at the meetings of the board, and
whenever a vacancy shall occur in the office of superintendent
of metropolitan police force in the absence or disability of the
said superintendent, the president shall possess all the powers
and perform  all the duties of that office, subject to the rules
and regulations of the board of metropolitan police, and with
proportionate increase of pay during such continuance of duty.
Treasurer,   SEC. 19. The commissioners of metropolitan  police  shall
select one of"their number to be the treasurer of metropolitan police.  He shall be the fiscal officer of the metropolitan
police district.  He shall, on check and voucher, duly disburse all moneys belonging to the metropolitan police fund,
and shall deposit the same, when paid to him  by the treasurer of the State  of New  York, in a bank designated by
such  officer.   He shall execute a borid, with  sureties, not
less than two, conditioned, in a penalty of fifty thousand dollars, to the people of the State of New York, for the faithful discharge of his duties as such treasurer.  The sureties
shall justify before a justice of the supreme court; but before
the said treasurer shall enter upon his duties,, the said bond
shall be approved by and filed with the comptroller of the
state.  Should any collections be made, upon civil action on
such bond, they shall be immediately paid to the credit of
the metropolitan police fund of the metropolitan police district.
No expenses, other than salaries and pay herein provided, shall
ever be incurred by the board of police, except for rents, stationery, printing, advertising, fuel, and lights, unless the same
shall be expressly authorized and provision therefor made as a
separate county or city charge by the board of supervisors
for the county, or the joint board of' the supervisors and aldermen of the city of Brooklyn, within which the expenditure becomes necessary.
Clerks and   SEc. 20. The board of metropolitan police may appoint a
berppint- chief clerk, a property clerk, and deputy clerks not to exceed
ed.     six, surgeons of police not to exceed five, and doormen not to
exceed two, to each station-house.  The persons thus severally
appointed shall severally hold office at the pleasure of the said
board.
Office and    SEC. 21. The board of metropolitan police shall provide
bacconemda- suchh office and business accommodations as it shall deem  retions.
ti  quisite for the transaction of its own business and that of its
subordinate officers; there shall be a central office in the city
of New  Yo:lrk, to be known  as the central department of
metropolitan  police; but the inspector of police force in
Brooklyn shall have office accommodation in that city.




METROPOLITAN POLICE.                            8S3
SEC. 22. It shall be a misdemeanor for any person not be- oMir'mera
ing a regular member of a police established  in any city of onexcept
this state, or a member of the metropolitan police force, or a officers to
constable of this state, or a police constable or assistant police srss 
constable, or a sheriff or one of the tsual general deputies of
any sheriff of this state, to serve any criminal process within
the said the metropolitan district.
SEC. 23. The board of metropolitan police shall at all times,      oftlio
whenever consistent with the rules and regulations of the said furnish information
board, and with the requirements of this act, furnish all police to mayors,
information desired by the mayors or common councils of said &'
cities, respectively, or by the boards of supervisors of the counties of Westchester and Richmond; and the county towns of
Kings and Queens, within the said the metropolitan police
district..SEc. 24. The board of metropolitan police is hereby invested Power.
with, and shall hereafter exercise all the powers now conferred
by law upon mayors of cities in respect to requiring the services of the military in aid of the civil authorities to quell riots,
suppress insurrections, protect the property and preserve public
tranquillity; and such investure of power shall exclude that of
the mayors of New York and Brooklyn, within these cities, respectively, and such powers shall apply to the whole metropolitan police district.
SEC. 25. The board of metropolitan police shall have power Ibid.
to issue subpoenas, tested in the name of its president, to compel the attendance of witnesses upon any proceedings authorized by its rules and regulations. Each commissioner of police,
the superintendent of police and the chief clerk of the board of
police, are hereby authorized and empowered to administer
affirmations and oaths to any person summoned and appearing
in any matter or proceeding, authorized as aforesaid, or to make
any depositions necessary to be made under the rules and
regulations of the board of police or for the purposes of this
amended act.  Any willful and corrupt false swearing, by any Faso.
witness or person, to any material fact in any necessary pro- deemed
ceeding under the said rules and regulations, or under this act, prjury
shall be deemed perjury, and punished in the  manner now prescribed by law for such offense. The provisions and procedure
of section three of an act entitled " An act to enable the common council of the city of New York to take testimony in matters referred for investigation or inquiry," passed February 8,
1855, are hereby applied to the case of any witness subpoenaed
under this section.
SEC. 26. The board of metropolitan police may, from time to   ~abtntime, establish stations. and station-houses, or sub-stations and and sub-stations.




884:             ACTS RELATING TO THE CITY OF NEW YORK.
sub-station-houses, at least one to each precinct, for the accommodation thereat of members of the police force, and as temporary places of detention for persons arrested and property taken
within the precinct.
regulations. SEC. 27. The commissioners of metropolitan police, in furtherance of the police government of the said the metropolitan
police district, and for the promoting and perfecting the police
discipline of subordinates, and of the members of the metropolitan police force, are empowered to enact, modify, and repeal,
from time to time, " Rules and regulations of general discipline,"
wherein, in addition to such other provisions as may be deemed
expedient by said commissioners, there shall be particularly
defined, enumerated, and distributed, the powers and duties of
the superintendent of the police force, and of the inspectors and
captains of police force, and of the clerks of the said board,
of the sergeants, of the doormen, and of the members of the
metropolitan police force; and wherein shall be specified the
modes of appointment to and removal from  office of the said
superintendent and inspectors, and the members in the metropolitan police force, and the manner of discipline of the said
police force, provided that such by-laws, ordinances, rules, or
regulations, shall not conflict with any of the provisions of
this amended act, or with the constitution of the United States,
or of this state.
Members to
po.sses   SEC. 28. The members of the police force of the said " the
powsrof.  metropolitan police district," shall furthermore possess, 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 and arrest, issued by any magistrate of this
state, may be executed in any part thereof by any member of
the police force of the said " the metropolitan police district,"
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.
Dthe poie  SEC. 29. It is hereby made the duty of the metropolitan
force,    police force, at all times of the day and night, within the said
metropolitan police district, and the members thereof are accordingly hereby thereunto empowered, to especially preserve the
public peace, prevent crime, detect and arrest offenders, suppress
riots and insurrections, protect the rights of persons and of
property, guard the public health, preserve order at every
primary and public election, remove nuisances existing in public
streets, roads, places, and highways; repress and restrain disorderly houses and houses of ill-fame, to arrest all street beggars
and mendicants, to provide proper police attendance at every
fire, in order that thereby the firemen, fire engines, and property
exposed may be suitably assisted or protected; assist, advise,




METROPOLITAN POLICE.                           885
and protect emigrants, strangers, and travelers in public streets,
or at steamboat and ship landings, or railway stations; enforce
every law relating to the suppression and punishment of crime,
or to the observance of Sunday, or regarding pawnbrokers or
mock auctions, or emigrations, or elections, or gambling, or
intemperance, or lotteries, or lottery policies, or vagrants, or
disorderly persons, or the public health, or any ordinance or
resolution of common councils, or town, or village authorities
within the said district, applicable to police, health, or criminal
procedure.
SEC. 30. The several members of the police force shall have ^ryj.
power and authority to immediately arrest, without warrant, sns withand to take into custody any person who shall commit, or
threaten or attempt to commit, in the presence of such member,
or within his view, any breach of the peace or offense directly
prohibited by act of the legislature, or by any ordinance of the
city, town, or village within which the offense is committed,
threatened, or attempted; but such member of the police force
shall immediately, and without delay, upon such arrest, convey
in person such offender before the nearest magistrate, that he
may be dealt with according to law.
SEC. 31. The office of deputy superintendent of police, cre- sePtind.
ated by the act of which this act is amendatory, is hereby abol- ent.
ished, but the board of metropolitan police shall appoint the
persons now acting as deputy superintendents to be the inspectors of metropolitan'police force, provided by this act; and the
said persons are hereby continued in membership of the metropolitan police force under such last named designation; and the
said board may appoint, from the captains of the metropolitan
police, two additional inspectors of metropolitan police, whose
duties shall be prescribed by the board of metropolitan police,
by its rules and regulations; but one of said inspectors shall
always perform duty in the city of Brooklyn.
SEC. 32. The constables elected by the electors within the Constablem
elected, to
counties of Westchester and Richmond, and in the county towns possess the
of Kings and of Queens, and the police constables and assistant as the metro
police constables in villages within the said the metropolitan IoroitanpcO
police district, shall possess all the powers conferred by this
amended act upon the metropolitan force. The board of supervisors, in each of the said last mentioned counties, may call upon
the board of metropolitan police to appoint for duty, within
the police precincts of which the said county shall be a part,
as many additional captains, lieutenants, sergeants, and patrolmen, as the said board of supervisors shall enumerate and describe, upon appropriating to the metropolitan police fund the
necessary expenses, salaries, or pay to be incurred thereby. It
shall become the duty of the board of metropolitan police there



886              ACTS RELATING TO THE CITY OF NEW YORK.
upon to appoint such additional members of the metropolitan
police force, but not until so called upon.
Supervisors
to rUise   SEC. 33. The supervisors of the counties of Richmond, Westta t carry chester, Kings, and Queens are hereby authorized and empowered
ot fiscal f from time to time to levy and raise by tax upon the estates, real
this act.  and personal, taxable within each county, such sum or sums of
money as may be required to carry into effect in respect to
either of said counties, the fiscal provisions of this act affecting
said counties or any of them.
Persons
holding   SEC. 34. No person holding office under this act shall be liaoffice under..
this act   ble to military or jury duty, nor to arrest on civil process or
nto erable  to service of subpoenas from  civil courts, whilst actually on
duties.   duty.
Health offi-  c.
cersmay    S,EC. 35. The health officer of the port of New  York shall
ermvif have power at all times to call upon any of the police force of
policeforce the district, to a number not exceeding ten, to aid him  upon
any necessary emergency in enforcing the powers and duties conferred upon his office by law, and it shall thereupon become the
duty of any such member of the police force so called upon to
obey him, but such service shall not continue longer than
twenty-four hours, unless by direction of the board of metropolitan police.
Arrest of
meber of   SEC. 36. In every case of arrest by any member of the metropoliceorce. politan police force, the same shall be made known within six
hours thereafter to the superior upon duty in the precinct
wherein the arrest was made by the person making the same;
and it shall be the duty of the said superior, within twelve hours
after such notice, to make written return thereof according to
the rules and regulations of the board of metropolitan police,
with the name of the party arrested, the alleged offense, the
time and place of arrest, and place of detention.
Accommodatio for    SEC. 37. The board of metropolitan police are authorized from
diteent^ otime to'time to contract for and to provide suitable accommodation within the said "the metropolitan district," forthe detention of witnesses who are unable to furnish security for their
appearance in criminal proceedings; and such accommodations
shall be in premises other than those employed for the confinement of persons charged with crime, fraud, or disorderly conduct. And it shall be the duty of all magistrates, in committing
witnesses, to have regard to the rules and regulations of the
board of metropolitan police in respect to their detention.
Suspension    SEC. 38. The board of metropolitan police may also suspend
from pay or duty, or both, any member of the said force, but
not longer than thirty days from pay at any one suspension.




METROPOLITAN POLICE.                            8S7
SEC. 39. The superintendent of the meropolitan police force,ut'te'ly
shall make to the board of metropolitan police quarterly reports
in writing of the state of "the metropolitan police district,"
with such statistics and suggestions as he may deem advisable;
to submit for the improvement of the police government and
discipline of the said district.  The- board of metropolitan
police shall, on or before the first Monday in December in each
year, make a report, in writing, to the governor of the state,
upon the condition of the metropolitan police within the said
metropolitan police district.
SEC. 40. The superintendent of metropolitan police, and each Poetof
captain of police within his precinct, shall possess powers of ent and
general police supervision and inspection over all licensed-pawn- c
brokers, licensed venders, licensed junkshop-keepers, junk boatmen, licensed cartmen, dealers in second-hand merchandise, intelligence office-keepers, and auctioneers of watches and jewelry,
within the said metropolitan police district; and in the exercise
of and in furtherance of said supervision may from time to time
empower members of the police force to fulfill such special
duties in the aforesaid premises as maybe from time to time ordained by the board of metropolitan police.  The said superintendent, and each captain, within his precinct, may, by authority
in writing, empower any member of the metropolitan police
force, whenever such member shall be in search of property feloniously obtained, or in search of suspected offenders, to examine the books of any pawnbroker or his business premises, or
the business premises of any licensed vendor, or licensed junkshopkeeper, or dealer in second-hand merchandise, or intelligence office-keeper, or auctioneer of watches and jewelry, or
boat of any junk-boatman.  Any such member of the metropolitan police force, when thereto authorized in writing by the
said superintendent, and having in his possession a pawnbroker's
receipt or ticket, shall be allowed to examine the property  urporting to be pawned or pledged, or deposited upon said receipt
or ticket, in whosesoever possession said property nay be; but
no such property shall be taken from the possessor thereof without due process or authority of law. Any willful interference
with the said superintendent or captain of police, or with any
member of the metropolitan police force, by any of the persons
hereinbefore named in this section, whilst in official and due discharge of duty, shall be punishable by (1) misdemeanor.
SEC. 41. If any member of the metropolitan police force, or  ty in
if any two or more householders, shall report, in writing, under regard to
his or their signature, to the superintendent of the metropolitan disorderly
police force, that there are good grounds (and stating the same) houses.
for believing any houses, room, or premises within the said " the
(1) This is as in the original.




~S88             ACTS RELATINO TO THE CITY OF NEW YORK.
metropolitan police district" to be kept or used as a common
gaming house, common gaming room, or common gaming premises, for therein playing for wagers of money at any game of
chance, or to be kept or used for lewd and obscene public amusements, or the deposit or sale of lottery tickets or of lottery
policies, it shall be lawful for the general superintendent of
metropolitan police to authorize any member or members of the
police force to enter the same, who shall forthwith arrest all
persons there found offending against law, and seize all implements of gaming, or lottery tickets, or lottery policies, and convey any person so arrested before the nearest magistrate, and
bring the articles so seized to the office of the board of mnetropolitan police.  It shall be the duty of the said superintendent
of the metropolitan police force to cause such arrested persons
to be vigorously prosecuted, and such articles seized to be destroyed.
liquors not   SEC. 42. It shall not be lawful for any person to publicly
to be sld  keep or dispose of any intoxicating liquors upon the first day of
on Sunday.         I
the week, called Sunday, or upon any day of public election,
within the said " the metropolitan police district," under a penalty of fifty dollars for each offense, to be sued for and recovered
in the name of the people of the state of New York, by the district attorney of the county wherein the offense was committed,
for the benefit of the said police life insurance fund, and it shall
be the duty of the district attorney to pay over quarterly all
moneys or judgments collected by him, except the costs and
disbursements under the provisions of this act, or the act of
which this is amendatory, to the treasurer of said police board.
And it shall be the duty of the superintendent of police to
strictly enforce the provisions of this section by his proper orders in respect thereto, to the members of the metropolitan
police force, and it is hereby made the duty of the said members,
in respect to the enforcing the provisions of this section, to proceed in the manner provided by law for the arrest of offenders.
persona    SEC 43. It shall be a misdemeanor, punishable by imprisonviolence on ment in the county jail, or in the city and county of New York
electors or
policemen  in the penitentiary, for not less than one year or exceeding two
on election
day, orfor years, or by a fine for not less than two hundred and fifty dolfalsely asfllYgtobe lars, for any person, without justifiable or excusable cause, to use
apolicema"  or to incite any other person to use personal violence upon any
elector on any election day in the metropolitan police district,
or upon any member of the police force thereof when in the
discharge of his duty, or for any such member to willfully neglect making any arrest for an offense against the law of this
state or ordinance in force in the said district, or for any person not a member of the police force to falsely represent himself
as being such member with a fraudulent design upon persons or
property.




METROPOLITAN POLICE.                         889
SEC. 44. The board of metropolitan police shall cause to be Certain
books to be
kept general complaint books, in which shall be entered any kept.
complaint of a police nature preferred upon a personal knowledge of the circumstances thereof, with the name and residence
of the complainant. The said board shall also cause to be kept,
books of registration of lost, missing, or stolen property, for the
general convenience of the public, and for the information of
the metropolitan police force. The said board shall cause to be
kept books of record of "the metropolitan police district,"
wherein shall be entered the name of every member of the
metropolitan police force, with the time and place of his nativity; the time when, and the place where, he became a citizen,
if he was born out of the United States; his age, upon becoming such member, and his former occupation; number of his
family and the residence thereof, and the date of appointment
or of his resignation or withdrawal or of dismissal from office,
with the cause of the latter. And against all such entries sufficient space shall be left wherein to make record of any especial
arrests made from time to time, by such member of the police
force, or of any special service deemed meritorious by the said
board. The said board shall also cause to be kept, in proper
books, the accounts of the treasurer, and all receipts for money
expended, or for warrants or for check for moneys issued by the
treasurer, shall be written in books kept for the purpose; and
the said receipts shall be signed by the person or persons receiving said money, warrants, or checks from the treasurer.
Such books shall be, at all business hours and when not in
actual use, open to public inspection. The board of metropolitan police shall also cause to be kept and bound all police returns and reports from any member of the metropolitan police
force, and all minutes of the proceedings of said board; which
returns, reports and minutes, shall only be open for public inspection in the discretion of said board.
SEC. 45. Every member of the metropolitan police force shall Warrants
have issued to him by the board of metropolitan police a proper ment to be
warrant of appointment, signed by the president of the said issu
board, and countersigned by the chief clerk, which warrant
shall contain the date of his appointment and his rank.
SEC. 46. The board of metropolitan police shall make suit- Board to
take security
able provisions respecting security to be entered into by the and oathof
superintendent of police force, and by the inspectors of police  b'ori
force, and by the property clerk, for the faithful performance of
their respective duties. Each member of the metropolitan police shall take an oath of office and subscribe the same in a
book kept for that purpose, which oath of office may be taken
before any commissioner of metropolitan police, who is hereby
empowered to administer the same, and write acknowledgment
thereof.




890              ACTS RELATING TO THE CITY OF NEW  YORK.
Patrolmen    SEC. 47. It shall be the duty of the commissioners of metrotailedat   politan police to detail, on the day of any election within the
polls.    cities of New York and Brooklyn, respectively, at least two
patrolmen to each election poll.
To appoint
por clerks.   SEC. 48. Said commissioners shall, in and for each of the said
cities, appoint all poll clerks provided for by law; and shall, in
and for the said cities, provide ballot-boxes for use at general,
special, and charter elections, and for the custody of the said
boxes, except during the taking, receiving, and counting of the
votes.
Booth or
box for dis-   SEC. 49. It shall be the duty of the board of police to prevent
tickets.   any booth or box, for the distribution of tickets at any election
to be erected or maintained within one hundred and fifty feet
of any polling place within the cities aforesaid.
Criminal
process to    SEC. 50. All criminal processes issuing out of any court, or
be served  from any justice or judge in the city of Brooklyn, shall be served
by member
oimetro-  by a member of the police force and not otherwise.  And the
politan police.   said board of police commissioners shall detail so nmany patrolmen as shall be necessary to attend all courts transacting criminal
business in said city of Brooklyn, and no constables or marshals
shall hereafter attend said courts, or be paid, either by the authorities of said city or by the supervisors of the county of
Kings, for any service in said courts.
policoom-   SEC. 51. It shall be the duty of the board of metropolitan
paly-.   police district to set apart a metropolitan sanitary police company, and to assign to command of each of said companies
either a captain or sergeant of metropolitan police, and to assign
to each company such especial duties, by the rules and regulations, as may be publicly advantageous.
Duties of  SEC. 52. The metropolitan sanitary company are hereby emcompany.  powered, under such distribution of power and duty as may be
made by the rules and regulations, to visit and make inspection
of all ferry-boats, manufactories, slaughter-houses, tenement
houses, and edifices suspected of, or charged with, being unsafe,
and to take all necessary legal measures for promoting the secu*rity of life or health upon or in said boats, manufactories,
houses, and edifices, and to make report of inspection and action
in the premises to the board of metropolitan police.  Whenever
said board shall be satisfied by such report that any ferry-boat,
manufactory, slaughter-house, tenement house, or edifice is maintained in a manner prejudicial to the lives or health of the
public, it shall, after due entry upon its minutes of the circumstance, cause complaint to be made, founded upon such report
and circumstance, before any magistrate of the metropolitan
district, who shall, in a summary way, upon such complaint




IETROPOLITAN POLICE.                            891
made under oath, issue his proper warrant, reciting therein the
name of the member or members of the metropolitan sanitary
police company, for the arrest of the person in charge of such
ferry-boat, manufactory, slaughter-house, tenement house, and
-edifice, to the end that he may be brought before such magistrate, and the complaint of insecurity, or the life or health of
the-public, so made, be duly investigated, according to the law of
examination into misdemeanors.  If said magistrate shall be
satisfied, on a summary hearing thereof, that such charge of insecurity of the lives or health of the public is founded on reasonable and probable cause, he may, by his order in writing,
command any such ferry-boat to cease running, or any business
in such manufactory or slaughter-house to cease, until the cause
of complaint aforesaid shall be removed, to the satisfaction of
the board of metropolitan police.
SEC. 53. The board of metropolitan police may, by its order May ause
in writing, cause any tenement house to be cleansed at any time houses to
after three days' notice for such cleansing shall have been served be cleased.
upon the owner, landlord, or agent thereof, and within such
time the same has been neglected. The expense of taking down
any edifice, or of cleansing any tenement house, as aforesaid,
shall be paid by the comptroller of the city within which the
said edifice or house is situated,; a copy of the order of the board
in writing, together with the bill of expense, countersigned by
the comptroller aforesaid, with a description of the premises
and real estate thereof, being filed with the clerk of the county,
shall become and continue to be a lien for the amount of such
repairs, with interest, upon said premises, to the same effect as
a judgment of a court of record, until such time as the comptroller, on reimbursement of said expenses and interest, shall in
writing authorize the said county clerk to discharge the same.
SEc. 54. The said proceedings of the board of metropolitan Proceedings
police, or of the magistrate acquiring jurisdiction, as aforesaid, moved into
may be removed into the supreme court by certiorari for exam- court for
ination.  The acts of the said board, when in accordance with examination
the provisions aforesaid, shall be deemed judicial acts.
SEC. 55. In addition to such duties which shall be assigned to Duty Of
surgeons of metropolitan police by the rules and regulations, it
is hereby made their duty especially to visit each day the stationhouses of police within the metropolitan police district, and
exercise supervision over the sanitary condition of station and
lodging houses, and of the members of the force connected with
the precinct in which the same is situated, and at all times to
perform such services of inspection of nuisances and tenement
houses, and such medical and surgical attendance and services
to vagrants, disorderly persons, intoxicated persons, and sick
persons within such station-houses, and to witnesses in the house




892               ACTS RELATING TO THE CITY OF' NEW YORK.
of witness detention, as may be requested of them in writing,
by the superintendent of police, or by the inspectors or captains
of metropolitan police.
operate and   SEC. 56. The board of metropolitan police shall have power,eaitain  to create, operate, and maintain, under the general laws of the
state relating to telegraph lines, all such lines of telegraph in
such places, within the said district, as, for purposes of police,
the board shall deem  necessary.  But the ownership of the
fixtures and apparatus for such telegraphic purposes, in the
cities of New York and Brooklyn, shall be in the respective
municipal corporations of said cities, but subject to the exclusive use and control of the board of metropolitan police.
iminals f   SEC. 57. The necessary expenses incurred in the execution
proceosst  of criminal process within the said "the metropolitan police
be a county
charge.   district," shall be a county charge only against the county from
which the said process issued.
ouses and    SEC. 58. It is hereby declared to be the duty of the common
ations to  councils of the cities of New York and Brooklyn, respectively,
be provided. in accordance with the practice and ordinances now existing
therein, to provide, at the expense of said cities, respectively, all
necessary accommodations within such precincts of the said "the
metropolitan police district," as shall be contained within the
boundaries of the said cities, respectively, for the station-houses
required by the board of metropolitan police, for the accommodation of the police force of such precincts, and for the lodging
of vagrants and disorderly persons, and for the temporary detention of persons arrested for offenses. In case the said common
councils, or either of them, neglect or refuse, within thirty days
after having been thereto, in writing, requested by the said
board of metropolitan police to provide accommodation, as
aforesaid, or station-houses, which, in the opinion of the said
board, are not suitable, or to put the said station-house in due
repair, then the said board may make their own provisions and
contracts of leasing or hiring, or repairing in the premises,
and the same, when made, shall become a proper charge and
debt for the expenses and disbursements thereof, against the
said city whose common council has so neglected or refused to
make provision in manner and form aforesaid.
dations.   SEC. 59. The accommodations required for the police purposes of this act, in portions of the metropolitan police district,
other than the cities of New York and Brooklyn, shall be those
ordinarily used by the criminal authorities of each town or village therein. In places within the said district, other than the
cities of New York and Brooklyn, any member of the metropolitan police force taking any person lawfully under arrest, at
night, may, in default of public accommodation of custody, pro



METROPOLITAN POLICE.                         893
vide for such person a place of detention in his discretion, but
for no longer period than twelve hours.
SEc. 60. The commissioners of metropolitan police, and the XP.nsa. of
comptrollers of the cities of New York and Brooklyn, convened Proces tote
as a board of estimate and apportionment, shall, annually, on or annualy.
before the first day of September, make up a financial estimate
of the sums required annually for expenses in the execution of
criminal process, or for the fitting up, warming, lighting, and
furnishing police station houses, and the house for the detention
of witnesses, and for alterations in, additions to, and repairs
of the same, and for office accommodation and printing, and
stationery, and telegraph apparatus and fixtures, and for badges,
emblems, and equipments of the police force, and also of the
sums necessary for counsel fees, law expenses, and disbursements
incurred by the board of metropolitan police, or by the commissioners of metropolitan police, or rendered necessary in criminal
or civil actions and proceedings against the superintendent or
inspectors, or property clerk, or members of the metropolitan
police force, for acts done in the discharge of duty, and to defray
the salaries and pay required by this act, and such other general
expenses as may, from tmeto time, in the judgment of such apportionment board, become necessary, with the enumeration thereof. Such estimate shall be accompanied with a written apportionment, by said board, of the proportion of expenses applicable
to each city, county, town, or village, in the metropolitan police
district, interested therein, in the ratio of the number of patrolmen authorized by this act, and employed by such city, county,
town, or village, respectively. The said estimate shall then be
submitted to an auditing committee, composed of the presidents,
respectively, of the board of supervisors of the counties of New
York, Kings, Westchester, and Richmond, and of the board of
aldermen of the city of Brooklyn, and of the supervisor of the
respective towns of Newtown, Flushing, and Jamaica, in the
county of Queens, who may meet by a majority thereof to consider the same, on or before the first Monday of October, in each
and every year. If the said auditing board, on or before the
second Monday of said October, shall object, in writing, to such
estimate and apportionment, or any portion thereof, and so notify, or cause to be notified, the said board of estimates and apportionment, it shall be the duty of the latter to immediately and
carefully revise the same, and consider the said objections. If
such board shall adhere to their original action of estimate or
appointment (1), or if they shall modify the same, then their final
determination shall be binding upon the respective counties, or
cities, or towns, or villages, interested therein, except that in
the counties of Richmond, Westchester, and Queens, no proportion of the general expenses of the board of police, in each
(1) So in the original.




894              ACTS RELATING TO THE CITY OF NEW YORK.
year, shall be chargeable to any of said counties, or to any town
or village therein, except such county, town, or village, shall
have voted to employ and pay patrolmen.
Boards of
supervisors   SEC. 61. The board of supervisors of the county of New York,
to ruof and the joint board of supervisors and aldermen of the city of
ssessment. Brooklyn, are hereby respectively empowered and directed annually to order and cause to be raised and collected, by tax upon
the estates, real and personal, subject to taxation according to
law, within the said county of New York and city of Brooklyn,
respectively, the sums of money as aforesaid annually estimated
and apportioned -as the share of said county or city, of the said
total expenses of the metropolitan police district.
Mones to   SEC. 62. The several sums of money provided for by the prebo paid into
and from   ceding sections shall be paid into the treasury of the state, and
state
teasury.  shall be paid therein and therefrom under the fiscal regulations
of law relating to the school fund of the state of New York.
Salaries.  SEC. 63. The commissioner of metropolitan police, who shall
be selected as treasurer of the board of metropolitan police,
shall receive an annual salary of three thousand dollars, and each
other commissioner shall receive a compensation of eight dollars
for each day of actual service, the same to be annually certified
to the comptroller of the state by the said treasurer of the board.
The superintendent of the metropolitan police shall receive an
annual salary of five thousand dollars. Each inspector of police
shall receive an annual salary of two thousand dollars.  Each
surgeon of police shall receive an annual salary of fifteen hundred dollars. The chief clerk to the board of metropolitan
police shall receive a like salary of two thousand dollars.  The
property clerk shall receive a like salary of twelve hundred dollars; and each deputy clerk a like salary of one thousand dollars. Each captain of metropolitan policeshall receive an annual
salary of twelve hundred dollars. Each sergeant of metropolitan police shall receive an annual salary of nine hundred dollars. The pay of each patrolman shall be at the yearly rate of
eight hundred dollars, and that of each doorman at the rate of
seven hundred dollars per year.  The salaries and pay aforesaid
shall be paid monthly to each person entitled thereto, in modes
to be prescribed by the rules and regulations, subject to such
deduction each month from the salary or pay of members of the
metropolitan police force as the treasurer shall make (and which
deductions he is hereby authorized- to retain) to satisfy fines
imposed on any member of the metropolitan police force by way
of discipline or punishment, and as prescribed by the rules and
regulations of the board. The salary of the treasurer and the
compensation of each other commissioner shall be paid by the
comptroller of the state, out of the metropolitan police fund.




METROPOLITAN POLICE.                           895
SEC. 64. No member of the board of metropolitan police, Memibero
under any pretense whatsoever, shall, for his own benefit, share present, &c.
in any present, fee, gift, or emolument for police services, additional to his regular salary or compensation.
SEC. 65. The board of police, for meritorious and extraordi- Mritorious
nary:services rendered by any member of the police force, in how
the due discharge of his duty, may permit any member of the
police force to retain, for his own benefit, any reward or present
tendered him therefor; and it shall be cause of removal fiom the
metropolitan police force for any member thereof to receive any
suchreward or present without notice thereof to the board of
metropolitan police.  Upon receiving said notice, the said board
may either order the said member to retain the same, or shall
dispose of it for the benefit of the police life insurance fund.
SEC. -66. All fines imposed by the board of police upon mem- Proceeds of
fines, gifts,
bers of the metropolitan police force, by way of discipline, and &c.,how
collectable from pay or salary, and all rewards, fees, proceeds of dispose of
gifts, and emoluments that may be paid and given for account
of extraordinary services of any member of the metropolitan
police force (except when allowed to be retained by said member); and all moneys remaining for the space of one year in the
hands of the property clerk, or arising from  the sale of unclaimed goods; and all proceeds of suits for penalties, under
this amended act, shall be deposited and paid into the bank
wherein the treasurer of the board of metropolitan police shall
keep an account.  The payments so made shall constitute and
be deposited and kept as a fund, to be called the " police life
insurance fund," and the persons who shall from time to time
fill the office of the said treasurer of the board of metropolitan
police, and that of comptroller of the city of New York and city
of Brooklyn, are hereby declared the trustees of the said fund, and
may,. from time to time, invest the same, in whole or in part, as
they shall deem most advantageous for the objects of such fund,
and are empowered to make all necessary contracts and take all
necessary remedies in the premises.
SEC. 67. If any member of the metropolitan police force, PrOvsie
whilst in the actual performance of duty, shall become perma- becoming
nently disabled, so as to render his dismissal from membership perannuatod,
necessary, or if any such member shall become superannuated wh ile on
after ten years of membership, the sum of one hundred and fifty actual duty.
dollars, as an annuity, to be paid such member, shall become
chargeable upon the metropolitan police life insurance fund. If
any member of the metropolitan police force, whilst in the actual discharge of his duty, shall be killed, or shall die  from the
immediate effect of any injury received by him whilst in such
discharge of duty, and shall leave a widow, or, if no widow, any
child or children under the age of sixteen years, a like sum, by




S96              ACTS RELATING TO THE CITY OF NEW YORK.
such property was taken, and all lost property coming into the
way of annuity, shall become chargeable upon the said fund, to
be paid to such widow so long only as she remains unmarried,
or to such child or children so long only as said child, or the
youngest of said children, continues under the age of sixteen
years.  In every case the board of metropolitan police shall determine the circumstances thereof, and order payment of the
annuity to be made by draft, signed by each trustee of the said
fund. But nothing, herein contained, shall render any payment
of said annuity obligatory upon the said board, or the said
trustees, or chargeable as a matter of legal right.  The board of
metropolitan police, in its discretion, may at any time order
such annuity to cease.
kroperto SEC. 68. 1. All property, or mnoney alleged or supposed to
essionC o  have been feloniously obtained, or which shall be lost or abandoned, and which shall be thereafter taken into the custody of
any member of the metropolitan police force, or criminal court
in the city of New York, or which shall come into 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 metropolitan police district, and all such
property and money shall be particularly registered by said
property clerk in a book kept for that purpose, which shall contain also a record of the names of the persons from whom such
property or money was taken, the names of all claimants thereto, the time of the seizure, and any final disposition of such
property and money.
rid.      2. Whenever property or money shall be taken from persons
arrested, and shall be alleged to have been feloniously obtained,
or to be the proceeds of crime, and whenever so brought, with
such claimant and 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.
Caiims to
ownership   3. If any claim to the ownership of such property or money
t oth.d  shall be made on oath before the magistrate, by or in behalf of
any other persons than the persons arrested, 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 persons accused.
Property  4 All property or money taken on suspicion of having been
coming into
possession feloniously obtained, or of being the proceeds of crime, and for
how dis-  which there is no other claimant than the person from whom
posed of.




METROPOLITAN POLICE.                            897
possession of any member of the said metropolitan 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 of the metropolitan police district, to be duly
registered and advertised for the benefit of all persons and
parties interested, and for the information of the public, as to
the amount and disposition of the property so taken into custody
by the police.
5. All property and money that shall remain in the custody Tosld
of the property clerk for the period of six months, without any ction ir
lawful claimant thereto, after having been three times adver- cases.
tised in public newspapers, shall be sold at public auction, and
the proceeds of such sale shall be paid into the police life insurance fund.
6. If any property or money, placed in the custody of the PesireLs
property clerk, shall be desired as evidence in any police or evidence
other criminal court, such property shall be delivered to any
officer who shall present an order to that effect from such court;
such property, however, shall not be retained in said court, but
shall be returned to said property clerk, to be disposed of
according to the previous provisions of this act.
SEC. 69. The persons in the respective offices of general Prbent, in
superintendent, deputy superintendents, captains, sergeants, and totinue i
patrolmen of the metropolitan police district, at the time of the
passage of this amended act, and who have taken and subscribed
an oath of office as members of the police force of such district,
are hereby continued in office during good behavior, subject to
such promotion as may have been provided by previous sections
thereof, and to removal from office only according to the provisions of this amended act.
SEC. 70. The board of police shall, at all times, cause the ordiaaces
ordinances of the cities of New York and Brooklyn, not in con- and Brookflict with.the provisions of this act, to be properly enforced, and tonrced.
it shall be the duty of the said board at all times, whenever
consistent with the rules and regulations of the board, and with
the requirements of this act, to furnish all information desired.
SEC. 71. This act shall take effect immediately.
57




898              ACTS RELATING TO THE CITY OF NEW YORK.
1862.-CHAPTER  CLXVIII.
AN ACT to confer Additional Powers upon the Metropolitan Police,
relating to the Inspection of Steam Boilers.-Passed April 9, 1862,
three-fifths being present."
The People of the State of New York, reresented in Senate and
Assembly, do enact as follows:
SEC. 1. Every owner of a steam  boiler, or boilers, in use
in the metropolitan police district, shall annually, aid at such
convenient times, and in such manner and form as may by rules
and regulations to be made therefor by the metropolitan police
board be provided, report to the said metropolitan police board,
at its headquarters, the location of such steam  boiler or boilers,
and thereupon, and as soon thereafter as practicable, the metropolitan sanitary company, or such member or members thereof
as may be competent for the duty therein prescribed, and may
be detailed for such duty by the metropolitan police board,
but no person shall be detailed for such duty except he be a
practical engineer, who shall proceed to inspect such steam
boiler or boilers, and all apparatus and appliances connected
therewith, and the strength and security of each boiler shall be
tested by hydrostatic pressure; and they shall limit the pressure
of steam to be applied to or upon such boiler, certifying each
inspection and such limit of pressure to the owner of the boiler
inspected, and also to the engineer in charge of the same; and
no greater amount of steam or pressure than that certified in
the case of any boiler shall be applied thereto.  In limiting the
amount of pressure, wherever the boiler under, test will bear the
same, the limit desired by the owner of the boiler shall be the
one certified.
bA record t    SEC. 2. The metropolitan police board shall preserve, in proper
poice board. form, a correct record of all inspections of steam boilers, and of
the amount of steam or pressure allowed in each case, and in
cases where any steam  boiler, or the apparatus or appliances
connected therewith, shall be deemed by the board, after inspection, to be insecure or dangerous, the board shall prescribe
such changes and alterations as may render such boilers, apparatus, and appliances secure and devoid of danger. And in the
mean time, and until such changes and alterations are made and
such appliances attached, such boiler, apparatus, and appliances
may be taken under the control of the police board, and all
persons prevented from using the same; and in cases deemed
necessary, the appliances, apparatus, or attachments for the
limitation of pressure, may be taken under the control of the
said police board, and no owner or agent of any steam  boiler
shall employ any person as engineer without their having a
certificate as to qualification from practical engineers, to be
countersigned by the commissioners of police.




METROPOLITAN POLICE.                            S99
SEC. 3. Any person applying, or causing to be applied, to any Penalty for
steam boiler a higher pressure of steam than that limited for the
same, in accordance with the provisions of this act, and any
person violating the provisions of the second section of this act,
shall be guilty of a misdemeanor, and wherever any owner of
any steam boiler, in the metropolitan district, shall fail or omit
to have the same reported for inspection, as provided for by this
act, such boiler may be taken under the control of the metropolitan police board, and all persons prevented from  using the
same until it can be satisfactorily tested as herein provided for,
and the i6vner shall, in such case, be charged with the expense
of so testing it.
SEC. 4. This act shall take effect immediately.




MIILITIA.
1862.-CHAPTER  CCCCLXXVII.
AN  ACT to provide for the Enrollment of the Militia, the Organization and Discipline of the National Guard of the State of Ncw
York, and for the Public Defense. -Passed April 23, 1862, by
a two-third vote.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
OF THE PERSONS SUBJECT TO MILITARY DUTY.
Persons    SEC. 1. All able-bodied white male citizens, between the
subject to
militry   ages of eighteen and forty-five years, residing in this state and
duty.    not exempted by the laws of the United States, shall be subject to military duty, excepting:
Exceptions.   1. All persons in the army or navy or volunteer forces of
the United States.
2. Ministers and preachers of the gospel.
3. The lieutenant-governor, members and officers of the
legislature, the secretary of state, attorney-general, comptroller, state  engineer, and  surveyor, state treasurer, and
clerks and employees in their offices, judicial officers of this
state, including justices of the peace, sheriffs, coroners, and constables.
4. Persons being of the people called Shakers or Quakers,
professors, teachers, and students in all colleges, and professors,
teachers, and students in the several academies and common
schools.
5. Persons who have been, or hereafter shall be, regularly
and honorably discharged from the army or navy of the United
States, in consequence of the performance of military duty, in
pursuance of any law of this state, and such firemen as are now
exempted by law.
6. Commissioned officers who shall have served as such in
the militia of this state, or in any one of the United States, for
the space of seven years; but no officer shall be so exempt,
unless by his resignation after such term of service duly accepted, or in some other lawful manner, he shall have been honorably discharged.




MILITIA.                                  901
7. Every  non-commissioned officer, musician, and private
of every uniform company or troop, raised or hereafter to be
raised, who has or shall hereafter uniform  himself according to
the provisions of any law of this state, and who shall have performed service in such company or troop for the space of seven
years from the time of his enrollment therein, shall be exempt
from military duty, except in cases of war, insurrection, or invasion.
SEc. 2. If any member of such company or troop, who shall Time f serhave been regularly uniformed and equipped, shall, upon hiscomputed.
removal out of the beat of such company or troop, or upon the
disbandment thereof, enlist into any other uniform company or
troop, and uniform and equip himself therefor, and serve in the
same, whenever the whole time of his service in such companies or troops, computed together, shall amount to seven
years, he shall be exempt from military duty in like manner as
if he had served for the whole period in the company or troop
in which he was first enrolled.
SEC. 3. Idiots, lunatics, paupers, habitual drunkards, and persons convicted of infamous crimes shall not be subject to military duty.
OF THE ENROLLMENT OF PERSONS SUBJECT TO MILITARY DUTY.
SEC. 4. Under the direction and superintendence of the com- Enrollment.
mander-in-chief, all persons liable to military duty within this
state, who are not already members of the organized militia
thereof, shall, immediately upon the passage of this act, and
from time to time thereafter, as the commander-in-chief shall
deem  necessary, but as often as once in every two years, be
enrolled by the captain or commandant of the company disstrict within whose bounds such person shall reside, or if there
be no such captain or commandant, then by an officer to be
detailed by the commanding officer of the regiment in which
such company district is situated, or to be appointed by the
commander-in-chief.  Such  enrollment shall distinctly specify
the names and residences of the persons enrolled, and shall also
divide the same into two classes, the persons between the ages
of eighteen and thirty years to constitute one class, and the persons between the ages of thirty and forty-five years to constitute
the other class; four copies of such enrollment shall be prepared by the officer making the same, one of which, after the
same shall have been corrected as hereinafter provided, shall be
retained by him, another shall be filed in the office of the town Rolis to be
or city clerk in which such company district is situated, if there filed
be such office, another shall be filed in the office of the clerk of
the county where such district is situated, and the fourth shall




902               ACTS RELATING TO THE CITY OF NEW  YORK.
be filed in the adjutant-general's office; the officer making such
enrollment may, with the approval of the commander-in-chief,
appoint one or more of his non-commissioned officers, or other
proper persons, to assist in making said enrollment and copying
Compe- sa-   id rolls; the persons making such enrollment shall be compensated at the rate of one dollar and fifty cents per day for
every clay necessarily spent in making and copying the same;
the number of days to be certified by the commandant of the
regiment, and not to exceed ten, and the amount of such compensation to be paid by the comptroller upon production of
such certificate, together with the certificates of the town clerk,
county clerk, and adjutant-general, that such rolls have been
Time for   duly filed in their offices; such rolls shall be so filed on or
g'"l  before the first day of July in each year in which such enrollment shall be made.
Assessment
rolls and  SEC. 5. For the purpose of preparing such enrollment, the
poll lists
may be   assessors in each city, village, town, or ward of this state, shall
exained.  allow captains or commandants of companies, or other oflicers
appointed for that purpose, as above provided, at all proper
times to examine their assessment rolls and to take copies thereof, and the clerks of all towns and cities shall in like manner, at
all proper times, allow  the said commandant or other officer to
examine and copy the poll lists on file in their offices.
Tavesetc   SEC. 6. All tavern-keepers, keepers of boarding houses, pertogive    sons having boarders in their families, and any master and misinformation.        0
tress of any dwelling-house, shall, upon the application of any
officer authorized to make such enrollment, give information of
the names of all persons residing or lodging in such house liable
to be enrolled, and all other proper information concerning such
persons as such officer may demand.
Pernaltesa    SEC. 7. If any person of whom information is required by any
such officer, in order to enable him to comply with the provisions of this act, shall refuse to give such information, or shall
give false information, he shall forfeit and pay ten dollars for each
item of informaation demanded of him by any such officer and
falsely stated, and the like sum  for each individual name that
may be refused, concealed, or falsely stated; and every person
who shall refuse to give his own name and proper information,
when applied to by any such officer, or shall give a false name
or information, shall forfeit and pay a like sum; such penalties
to be recovered in any court of competent jurisdiction, in the
name of the people of the state of New York; and it is hereby
made the duty of such officer to report the names of all persons
who may incur any penalty in this section prescribed, to the
commandant of the regimental district in which they reside.
Publication    SEC. 8. Whenever an enrollment shall be made as provided in
tobe made. this act, the clerk of the board of supervisors of each county




MILITIA.                                  90 3
shall cause to be published, once a week for four weeks previous
to the first day of August, in a newspaper published in such
county, a notice that such rolls have been completed and filed
as aforesaid, which notice shall also specify that any person
who claims that he is, for any reason, exempt from  military claiing to
duty, shall, on or before the fifteenth day of August then next'e, xmtt
to file state.
ensuing, file a written statement of such exemption, verified by  ent.
affidavit in the office of said town or city clerk, or of the county
clerk, if there be no such town or city clerk, and the publication of such notice shall be a sufficient notice of such enrollment
to all persons named therein; such roll shall be made in the
form  prescribed by the commander-in-chief, and the adjutant-   k to
general shall furnish to all commandants of companies suitable furnished.
blanks and instructions therefor.
SEC. 9. Such commandant shall not include in said enrollment
the names of any officers nor members of the uniformed militia
of this state, nor of the officers or members of any fire company,
and the foreman of every fire company in any city, village, or Foremen of
town of this state, shall, before the fifteenth day of May in each aiTom
year, file in the office of the town or city clerk a list containing ie list o
nembers.
the names of all persons belonging to their respective companies,
which list shall show the town or ward in which each member
of such company resides.
SEC. 10. All persons claiming exemptions shall file a written T'imad
statement of the same, verified by affidavit, in the office of the  ng exemptown or city clerk, or of the county clerk, in case there be no
such town or city clerk, on or before the fifteenth day of August,
in default of which such person shall lose the benefit of such
exemption, except such -as are especially exempt by act of
congress.
SEC. 11. The captain, commandant, or other officer making rxempt
such enrollment, shall thereupon, if such person be exempt, ac- to be subsecording to law, mark the word " exempt" opposite the name of lle
each person presenting such exemption; if such exemption be
parmanent the name of such person shall not be included in any
subsequent enrollment.  If any person shall swear falsely in
such affidavit, he shall be guilty of perjury.
SEC. 12. The persons thus enrolled shall form  the reserve The reservo
militia of the state of New York; those between the ages of
eighteen,and thirty years shall constitute the reserve of the
first class, and those between the ages of thirty and forty-five
years shall constitute the reserve of the second class.
SEC. 13. The reserve militia of the first and second classes,
except such as shall volunteer, or be drafted as members of the
national guard as hereinafter provided, shall assemble in their




904               ACTS RELATING TO THE CITY OF NEW  YORK.
several company districts, armed and equipped, as provided by
Parade anti
inspectio. law, for parade and inspection, on the first Monday of September
in each year, at such hour and place as the captain or commandant shall designate in orders to be posted in three public
places in the said company district for ten days, and shall be
under the orders of the captain or commandant of such district,
and such captain or commandant shall make a roster of all such
as shall attend at such parade, armed and equipped, as aforesaid,
and shall file a copy of the same, on or before the tenth day of
October, in the office of the adjutant-general and of the county
clerk.
Fienfor     SEC. 14. All persons duly enrolled as aforesaid, who shall
non -attendallce.    neglect to attend said parade, shall be subject to a fine of one
dollar, which, if not paid to the county treasurer on or before
the first day of December, shall be collected by the collector or
receiver of taxes of the town or city in which such company
district is situated, and the supervisors of the several counties at
their annual meetings are authorized and directed to annex a
list of the several delinquents, with the fines set opposite their
respective names, to the assessment rolls of the several towns
and wards, and the warrants for the collection of the same shall
direct the collectors and receivers of taxes to collect the amount
firom every person appearing by the said assessment roll liable
to pay the same, in the same manner as taxes are collected.
The same to be paid to the county treasurer, and when the name
of any person, between the ages of eighteen and twenty-one
years, shall appear on the said roll liable to pay the said fine, the
said warrant shall direct the collector to collect the same of the
father, master, or guardian with whom such person shall reside, or
out of any property such minor may have in the city, village,
town, or ward; and such collector shall proceed and execute such
warrant, and no property now exempt from  execution shall be
exempt from the payment of such fine.
Duty of
countytreas-  SEC. 15. The county treasurer of each county shall, on or'urer   before the fifteenth day of March in each year, pay to the
comptroller, upon his order, the sum of one dollar for'each person so enrolled who does not appear from  said roster to have
attended such parade.  And in case he shall not, on the presentation of such draft, have received all or any of the money directed
by this act to be collected and paid to him, he is hereby authorized and directed to borrow an amount sufficient to pay said
draft, upon the credit of the county, and the sum borrowed shall
be a county charge, to be assessed by the board of supervisors of
said county at their next annual meeting, upon the taxable property of said county, and collected as other county assessments
shall be assessed and collected. And it shall be the duty of the
county treasurers of the several counties, and the commanding
officers of the several regiments, to report and certify under




MILITIA.                                  905
oath to the board of supervisors at their annual meetings the
deficiencies arising from  the non-collection of military fines
within their respective counties and regimental districts.
SEC. 16. The provisions of article first, title three, chapter Revised
thirteen, of part first of the Revised Statutes, shall apply to this apptly
act so far as the same are applicable.
SEC. 17. The bond required to be executed by the collector, olldctoFs
receiver of taxes, and county treasurer, shall apply to  any etc-,toapply
moneys required to be collected for military purposes by this
act.
SEC. 18.  Any deficiency arising fromn the non-collection of Deficncsics
said fines shall be a county charge, and shall be raised, as afore- county
said, by the supervisors of said county, by taxation on the real charge
and personal estates therein, in the manner now  provided by
law.
SEC. 19. If any collector, or receiver of taxes, county treas- Penalties of
urer, town, county, or city clerk, or supervisor, or any other tc., i th
case of nog.
civil or military officer, charged with any duty under the pro- lect.
vision of this act, shall refuse or neglect to perform  any of the
duties required of him by this act, he shall forfeit and pay the
sum  of not less than twenty-five, nor more than one hundred,
dollars for each and every offense, to be recovered in the name
of the people of the state of New  York; and if any of such
officers shall willfully neglect or refuse to perform  such duties
as are hereby required, he shall be deemed guilty of a misdemeanor, and it shall be the duty of the district attorney of any
county within which such delinquent offender resides, upon the
complaint of the commanding officer of the regiment, to prosecute the same.  Any penalty incurred and paid, or collected, be paid into
under this section, shall be paid into the treasury of the county, tre dlYty
and belong to the military fund of such regiment.
OF THE GENERAL ORGANIZATION OF THE MIILITIA, AND THE ORGANIZATION OF THE NATIONAL GUARD OF THE STATE OF NEW YORK.
OF ORGANIZATION.
SEC. 20. The commander-in-chief of the militia of this state Commanderin-chief to
shall organize and arrange the same, and the districts therefor, organize into
into divisions, brigades, regiments, battalions, squadrons, troops, districtsetc.
batteries, and companies, and cause the same to be numbered as
nearly in conformity to the laws of the United States as local
circumstances and the public convenience may permit, and may
alter, divide, annex, or consolidate the same and the districts




906               ACTS RELATING TO THE CITY OF NEW  YORK.
thereof, and dismiss supernumerary officers who were made such
by an excess of officers of equal grade being thrown into any
division, brigade, regimental, or company district.  The present
divisions, brigades, regiments, battalions, troops, squadrons,
batteries, and companies, and the districts thereof; shall remain,
as now  established by law, subject to the power of the commander-in-chief, to alter, divide, annex, or consolidate the same,
as above set forth.  Regimental districts, except in cities, shall
conform, as nearly as convenient, to the assembly districts of
this state.
National   SEC. 21. The organized militia of this state shall be known as
"gu   The National Guard of the State of New York," and shall consist of eight divisions, thirty-two brigades, and one hundred and
twenty-eight regiments and  battalions, and  such batteries,
troops, or squadrons as may be formed in pursuance of the
provisions of this act; but nothing herein contained shall be so
construed as to interfere with the power of the commander-in-,
chief, in case of war or insurrection, or of imminent danger
thereof, to make further drafts of the militia, and to form new
regiments, battalions, brigades, or divisions, and districts therefor.
of what    SEC. 22. The national guard shall include the present unicomposed,
formed militia of this state, and such volunteers as shall enroll
themselves therein in the several districts of this state, and such
persons as may be drafted therein, as hereinafter provided, and
shall be organized, and shall serve as engineers, artillery, light
artillery, cavalry, infantry, and rifles, as the commander-inchief shall direct.
Commander-  SEC. 23. The commander-in-chief is hereby authorized and
ppoin-chied empowered, so soon as may be convenient after the passage of
commission. this act, to appoint and commission the brigade, regimental, and
company officers, in the first instance, necessary to complete the
organization of all military districts hereafter to be created, and
to fill all vacancies necessary for the complete organization of
all military districts now  created in this state, but not sufficiently organized for an election., All officers superseded by such
appointment shall become supernumerary officers.
Non-com-   SEC. 24. The commandant of each regimental district, for the
osfiers.   purpose of organization, is hereby authorized and required to
appoint the non-commissioned officers required by law for each
company in his district, and to issue to such non-commissioned
officers the proper warrants of their appointment, until the
organization of such regiment shall be complete.
Organization SEC. 25. The organization of the national guard shall conand discipline.  form  to the provisions of the laws of the United States, and
their system of discipline and exercise shall conform as nearly as




MILITIA.                                  907
may be to that of the army of the United States, as it now is or
may hereafter be prescribed by congress.
SEC. 26. Company officers shall use their best efforts to obtain Companies.
sufficient volunteers to raise their respective companies to the
number of at least thirty-two non-commissioned officers and
privates, which number is hereby fixed as the minimum, and
one hundred as the maximum, of such company organizations.
SEC. 27. In case any company of the national guard shall not, Unow lled
on or before the first day of October next, by voluntary enlistments, reach the minimum  number of thirty-two non-commissioned officers and privates, or in case such company shall at
any time fall below such minimum, or in case a sufficient number of persons shall not volunteer to organize new companies
in the unorganized company districts, it shall be lawful for the
commander-in-chief to order a sufficient number of persons fo
be drafted fiom the reserve militia of the first class, in the manner hereinafter provided, to raise such company to, and maintain
the same at, such minimum number.  The persons so drafted
shall thereupon be enrolled as members of said company, and
unless they shall find substitutes, as hereinafter provided, shall
be subject to the duties herein mentioned, and, in case of nonperformance of such duties, shall be subject to the pains and
penalties herein mentioned; and such persons or their substitutes shall be entitled to all the privileges and exemptions conferred under any of the terms of this act, provided that no new
company shall be organized in time of peace, if thereby the
entire force shall exceed thirty thousand officers and men.
SECc. 28. To every company there shall be one captain, one Ofcers.
first, one second lieutenant, four sergeants, four corporals, and
three musicians, except in companies of artillery and cavalry,
which may have one first and two second lieutenants, provided,
however, that whenever any company shall exceed fifty rank
and file, it may have five sergeants and eight corporals.
SEC. 29. Companies shall be formed in separate company dis- Districts.
tricts when practicable, but the commander-in-chief may, in his
discretion, organize more companies than one in the same district, or parts of a company in different districts.
SEC. 30. Each division shall consist of not less than two Divison,,
brigades, each brigade not less than two regiments, each regi- ant regi
ment of ten battalion companies.
SEc. 31. The commander-in-chief shall have power to organ- Battalions.
ize, under the provisions of this act, battalions of infantry and
rifles, and battalions, batteries, or companies of artillery, or for
special services where it is not expedient or convenient to form




908              ACTS RELATING TO THE CITY OF NEW YORK.
regimental organizations, or whenever the exigencies of the
service may require.
ene Cotto   SEC. 32. No non-commissioned officer, musician, or private
panyto   belonging to any troop of cavalry or company of artillery,
companies. light artillery, riflemen, or infantry, shall leave the troop or
company to which he belongs to serve as a fireman in any fire
company now  raised, or hereafter to be raised, in any city
or county; nor shall he leave such troop or company, and
enlist in any other, without the written consent of the commandant of the regiment, battalion, or battery, and of the
squadron, troop, or company to which he belongs, except
he shall have removed out of the beat of such troop or company.  Such exception shall not apply to any troop or company
situate in any of the cities of this state.
Enlistments.  SEC. 33. No person under the age of twenty-one years shall
hereafter enlist in or join any uniform troop or company without the consent of his parent or guardian, m-aster or mistress,
unless drafted in accordance with the provisions of this act.
Oficers.    SEC. 34. Every officer of the line and staff, and every officer
and private of any uniform company of this state shall provide
himself, according to the provisions of this act, with a uniform
complete, which shall be such as the commander-in-chief shall
prescribe, and subject to such restrictions, limitations, and
alterations as he may order.
frste aYni  SEC. 35. Any non-commissioned officer or private may, upon
forms.   his enlistment, or upon being drafted in accordance with the
provisions of this act, if he so elect, be furnished at the expense
of the state with the proper uniform  and equipments of his
regiment or corps; in such case an entry to that effect shall be
made upon the company roll, and such uniform  shall be
furnished by the quartermaster-general's department, upon the
requisition of the commandant of the company, countersigned
by the commandant of the regiment or battalion; but such uniform  and equipments shall in no case be different from those
prescribed by the general regulations for the military forces of
the state of New York, unless by special authority of the commander-in-chief.
Conditions.   SEC. 36. In case such uniform and equipments be furnished
in accordance with the last preceding section, the same shall
be left at the company armory for safe keeping, and the person applying for the same shall be charged with the value
thereof, and shall be entitled  to receive half pay only for
services, under this act, at drills, parades, encampments, and
lake and sea coast defense duty, until the sum charged against
him  therefor shall have been liquidated by such service, when




MILITIA.                                 909
such uniform  and equipments shall become  the property of
such person,
SEC. 37. Whoever shall presume to sell or dispose of such Pnalty fto
disposing of
uniform  or equipments, or to secrete or remove the samesuch  uniwith intent to sell or dispose thereof, before the same shall
become his property by such  service as aforesaid, shall be
deemed guilty of a misdemeanor, and shall be punished by
imprisonment in a county jail for not less than two or more
than six months, or by a fine of not more than two hundred
and fifty dollars nor less than fifty dollars, or by both such
fine and imprisonment.
SEC. 38.  The quartermaster-general shall, under the direc- Oiform,
tion and with the approval of the commander-in-chief, cause eui.
to be manufactured in the several regimental districts of this
state the uniforms and equipments which may from time to
time be required for each regiment for the purposes mentioned
in this act.  And the comptroller, upon the order of the commander-in-chief, shall draw his warrant upon the treasurer for
such sums as shall, from time to time, be expended for the purchase or manufacture of said uniforms and equipments: Provided, always, that the price paid for the same shall, in no
case, exceed the prices established by the general regulations
for the army of the United States for articles of like description.
SEC. 39. All vouchers and accounts under the last preceding Acoudt td.
section shall, from time to time, be audited by a committee,
to consist of the comptroller, treasurer, and secretary of state.
SEC. 40. The commander-in-chief shall, from  time to time, tati..
direct such books, as to him shall appear expedient, as a guide
for the military forces of this state, to be provided, and shall
furnish the same to all commissioned officers at the expense of
the state.
SEc. 41. The commander-in-chief shall cause each company, companie,
squadron, troop, battery, battalion, regiment, brigade, and divi- numbered.
sion to be numbered or lettered in such manner as he shall
deem  proper and best calculated to secure uniformity.  Each
company, squadron, troop, battery, battalion, regiment, brigade, and division shall be known by its number and designation, which shall be registered at the adjutant-general's office.
SEc. 42. Non-commissioned officers shall be chosen from the Ofcers,
members of the company to which they bel-ong.  All commissioned officers residing in any city or incorporated village in
this state shall be deemed to be within the bounds of their
respective commands, providing any part of the military dis



910               ACTS RELATING TO THE CITY OF NEW  YORK.
trict to which they properly  belong shall be located within
such city or village.
Existing   SEC. 43. All existing uniformed companies, in any such regimental district, city, or village, shall be deemed to be organized
under the provisions of this act; but no such company shall be
so constituted, unless at the time of such application it contains
thirty-two non-commissioned officers and privates.
When six
Companies    SEC. 44. Whenever six uniformed companies shall be organizd oregn. ized in any of the regimental districts of this state, the commental offi  mander-in-chief shall order an election to be held for the choice
chosen-   of suitable persons to fill the offices of colonel, lieutenant-colonel,
and major, in such regiment, by directing some suitable officer
to give the proper notices of such election, and to preside
thereat, unless such officers shall already have been elected or
appointed.
oficer^.e  SEC. 45. As soon as the field officers in the regiments in any
of the brigade districts of this state shall be duly chosen and
commissioned, the commander-in-chief shall order an election
to be held for the choice of a suitable person to fill the office of
brigadier-general and brigade inspector in such brigade district,
by directing some suitable officer to give the pro-notices of
such election and preside thereat, unless such brigadier-general
and brigade inspector shall already have been elected or appointed, as provided by this act.
Supernume-   SEC. 46. All commissioned officers rendered supernumerary
y   oby the provisions of this act, and every officer rendered supernumerary by any consolidation or alteration of regiments, battalions, squadrons, troops, or companies, shall be entitled to all
the privileges conferred by any preceding law (except command), and shall be exempt from the performance of any military duty, except in cases of war and insurrection, provided
they shall, within one year after being so rendered supernumerary, have reported themselves to the adjutant-general as such;
provided, however, that no officer rendered supernumerary shall
be entitled to vote at any election held for the choice of officers,
or serve as a member of any court-martial.
Volunteers
eeivedint   SEC. 47. Volunteers, under the provision of this act, may be
any company received in any company of the national guard, whether such
volunteer reside in the company district or not; but persons
liable to military duty shall be drafted only in the district
where they may reside.
h[ned C    SEC. 48. Any officer, non-commissioned officer, musician, or
uniformed private, who may change his residence from within
the bounds of the first division into any adjacent county, or




MILITIA.                                 911
from within any county adjacent into the said division district,
shall not thereby vacate his office or post, but he shall be held
to duty in the division, brigade, regiment, troop, or company
to which he was attached at the time of such change of residence, and he shall be subject to duty therein, and shall be
entitled to all privileges, immunities, and exemptions allowed
by law, and shall be liable to fines and penalties, and the collection of them, in the same manner as if such change of residence had not taken place; and process for the collection of
such fines and penalties may be executed in either New York
or any adjacent county.
OF THE ELECTION AND APPOINTMENT OF MILITARY OFFICERS
AND THE TENURE OF THEIR OFFICES.
SEC. 49. All major-generals and the commissary-general shall rals and
be nominated by the governor, and appointed by him, with the 
consent of the senate.
SEC. 50. The resolution of the senate, concurring in any Adjutantnomination made by the governor to a military office, shall be gommisn.
certified by the president and clerk of the senate, and be transmitted to the adjutant-general, who shall issue the commissioa
and record the same in books to be provided by him.
SEC. 51. The staff of the commander-in-chief shall consist taff of comof the adjutant-general, and inspector-general, engineer-in-chief, chief.
judge advocate-general, quartermaster-general, commissary-general of subsistence, paymaster-general, surgeon-general and
three aids, who shall be appointed by the governor, and whose
commission shall expire with the time for which the governor
shall have been elected.
SEC. 52. The commissary-general shall hereafter be known commssaryas the commissary-general of ordinance, and shall not enter on
the duties of his office until he shall have taken the oath of
office prescribed in the constitution. Such oath shall be taken
before any officer authorized to administer the same oath to the
attorney-general within the same period, and subject to the
same regulations.
SEC. 53. Captains, subalterns, and non-commissioned officers captains
of organized regiments shall be chosen by the written or printed officers, how
votes of the members of their respective companies; field offi- chosen
cers of organized regiments and battalions, by the written or
printed votes of the commissioned officers of their respective
regiments and battalions; and brigadier-generals and brigade
inspectors by the written or printed votes of the field officers of
their respective brigades, if organized.
SEC. 54. Major-generals, brigadier-generals, and commanding Stafof gene
officers of regiments or battalions, shall appoint the staff officers
officers of regiments or battalions, shall appoint the staff officers




912               ACTS RELATING TO THE CITY OF NEW  YORK.
of their respective divisions, brigades, regiments, or battalions,
whose term of office shall expire when the persons appointing
them shall retire from office; but they shall continue to hold
such office until their successors shall be appointed and have
qualified.
Governor to   SEC. 55. The commissioned officers of the militia shall be
commission.
commissioned by the governor; and no commissioned officer
can be removed from office unless by the senate, on the recommendation of the governor, stating the grounds on which such
Removal of" removal is recommended; or by the decision of a court-martial,
commissioned ofcers. or retiring or examining board, pursuant to law.
Subordinate   SEC. 56. Sergeant majors, quartermaster sergeants, sergeant
appointed. standard bearers, and drum  majors, shall be appointed by the
commanding officer of the regiment or battalion to which they
shall belong, by warrant, under the hand of such commanding
officer, and shall hold their offices during his pleasure.
Vacancies.    SEC. 57. Whenever the office of a brigadier-general is vacant
in any organized brigade, the commander-in-chief shall issue an
order for an election to fill the vacancy, and shall designate a
najor-general, or some other proper officer, to preside at such
election.
Notice of  SEC. 5S. The officer so designated shall cause a written or
election.
printed notice to be served on each of the field officers of the
brigade in which the vacancy exists, at least ten days previous
to the election, specifying the time and place of holding such
election.
Vacancy in   SEC. 59. Whenever the office of any field officer, in any
foeld office..,....             A*
organized regiment or battalion, is vacant, the  commanding
officer of the brigade to which  such regiment or battalion
belongs shall cause a written or printed notice to be served on
each commissioned officer in such regiment or battalion of an
election to fill the vacancy.  The notice shall specify the time
and place of holding the election, and be served at least five
days before such election shall take place.
Vacancy In    SEC. 60. Whenever the office of a captain or subaltern in
office of.
aet,,ior  any organized company or troop is vacant, the commanding
subatern'  officer of the regiment or battalion to which such company or
troop belongs shall cause a written or printed notice, of an election to fill the vacancy, to be served on the members of such
company or troop at least three days before the election shall
take place, and shall specify, in such notice, the time and place
of the election.
Notice, how   SEC. 61. All notices, for any election, shall be served on the
persons entitled to vote thereat, in the same manner as non-com



MILITIA.                                  913
missioned officers, musicians, and privates are warned to attend
a parade, as prescribed in section one hundred and thirty-nine
of this act.
SEC. 62. The officer issuing the notice shall designate some
proper person or persons to serve the same, or to direct such
service; and the person so designated shall make a return of Returnof
the persons notified, and of the manner of the services.        service.
SEC. 63. The return, if made by a commissioned officer, shall Return, hw
be authenticated by his certificate on honor, if by a non-cor- ed.
missioned officer, by the oath of the person making such service.
The oath may be administered by any magistrate, or by the
officer issuing the notice.
SEC. 64. The officer causing the notice to be given for any Officerto atof the aforesaid elections shall attend at the time and place ofte  ect
holding such elections; he shall organize the meeting and preside thereat, and may, for sufficient cause, adjourn the same from
time to time.
SEC. 65. If the officer causing the notices to be given shall Presiling
not attend the meeting for the election, then the officer of the
highest rank present, or in case of an equality of rank between
two or more, then such of them as the majority of the electors
present shall choose, shall preside at such meeting.  And the
officer issuing such notices shall cause the proper evidence of
service of such notices on all the electors to be delivered to such
presiding officer.  And at meetings for the election of company
officers, the company roll, carefully revised, shall, in like manner, be delivered with such evidence.  And if it shall happen,
at any election for commissioned officers, that legal notice has
not been given to all the persons entitled to vote thereat, the
presiding officer shall adjourn the meeting, and cause such notice
to be given. The presence of a person entitled to vote at any
election shall be deemed a waiver of his right to take exception
to the want of legal notice.
SEC. 66. The presiding officer, at any election for commis- Polls.
sioned officers, shall keep the polls opened at least one hour
after the time appointed for holding the same.  He shall then
publicly canvass the votes received from  the electors for the Caass
officers to be elected, and shall forthwith declare the result, and
give notice to every person elected of his election.  If such
person shall not, within ten days after being notified of his
election, signify to such officer his acceptance, he shall be considered as declining the office to which he shall have been chosen,
and an election shall be held for a new choice.
SEC. 67. Immediately after the person elected shall have sig- tleecto o.
nified his acceptance, the officer who shall have presided at the
58




914               ACTS RELATING TO THE CITY OF NEW  YORK.
election shall, in case of the election of a brigadier-general, communicate the same to the commander-in-chief; and in all other
cases, if not himself the commanding officer of the brigade, shall
certify to such commanding officer the names of the persons
duly elected.
Vacanc by  SEC. 68. If at any election an officer, then in commission,
how lled.' shall be elected to fill a vacancy, and shall accept, the electors
present, whether such officer be present or absent, shall proceed
to elect a person to fill the place of the officer so promoted, if
the officers or persons assembled at such meeting have authority
to make the choice.
Names to
be sent to    SEC. 69. The commanding officers of brigades shall transmit
commander- the names of persons duly elected and approved or appointed to
in-chief
offices in their respective brigades, to the commander-in-chief,
to the end that commissions may be issued to them.
Appeal.    SEC. 70. Every person, thinking himself aggrieved by the proceedings at any election for a commissioned officer, may appeal,
if the election be for a brigadier-general, to the commander-inchief, and in other cases to the commanding officer of the brigade to which such person belongs.
Appeal, how  SIC. 7l. The officer appealed to shall have power to admindetermined.                                 p
ister oaths, and shall hear and determine the appeal; and if in
his opinion the proceedings at such election are illegal, he shall
declare the election void, and shall order an election to be held
without delay for a new choice.
Appeal to    SEC. 72. Any person concerned may appeal from the decision
commanderin-chief,  of the commanding officer of the brigade to the commander-inchief, who shall hear and determine such appeal, and, in case it
shall be necessary, order a new election.
Conduct of   SEC. 73. The commander-in-chief may make such rules and
ap  regulations relative to appeals as he shall deem necessary and
proper to give full effect to the provisions of the constitution
and of this act.
Commissions   SEC. 74. The commander-in-chief shall issue commissions to
all officers duly elected or appointed in pursuance of the provisions of this act; and every officer duly commissioned shall,
within ten days after his commission shall be tendered to him,
or within ten days after he shall be personally notified that
the same is held in readiness for him, by any superior officer,
take and subscribe the oath prescribed in the constitution of this
state; and in case of neglect or refusal to take such oath within
the time mentioned, he shall be deemed to have resigned said
office, and a new election shall be forthwith ordered to fill his
place.  The neglect or refusal of an officer elect to take such




MILITIA.                                  915
oath shall be no excuse for neglect of duty until another shall
be duly commissioned in his place.
SEC. 75. Every commissioned officer shall take and subscribe Oath.
such oath before a judge of some court of record in this state,
county clerk, commissioner to take affidavits, justice of the
peace, or some general or field officer who has previously taken
it himself, and who is hereby authorized to administer the same.
SEC. 76. A certificate of the oath shall be indorsed, by theCop tobe
officer administering the same, on the commission, and a copy
thereof shall be filed in the adjutant-general's office.
SEC. 77. No fee shall be received for administering any such Fees
oath, or indorsing such certificate.
SEc. 78. Any organized company or troop may, at any meet- vnciom 
sion-commise
ing thereof, elect non-commissioned officers to fill any vacancy sioe'               OffiCS.
therein.
SEC. 79. Such election shall be directed and conducted by how^co.
the commanding officer of such company or troop for the time ducted.
being, who shall certify the names of the persons elected to the
commanding officer of the regiment or battalion to which the
company or troop belongs, who shall decide upon the legality
of the election, and issue warrants to the persons duly elected.
SEC. 80. The commandants of companies or troops may, pectlo f
whenever they deem it necessary, call a special meeting of their companies.
respective companies or troops for an election of non-commissioned officers.
SEC. 81. A majority of the votes of all persons present at an votes neces.
election of brigadier-general shall be necessary to a choice; in hoYict
all other cases a plurality shall be sufficient.
SEC. 82. No officer shall be considered out of the service on Rsignations
the tender of his resignation until it shall have been accepted by
the commander-in-chief.  The commanding officers of brigades
shall receive the resignations of such commissioned officers as
may resign in their respective brigades, and shall transmit the
same to the adjutant-general.  Resignations of all other commissioned officers shall be made direct to the commander-inchief.
SEC. 83. No officer shall be permitted to resign his conmiS- When not
sion who shall be under arrest, or shall be returned to a court-o resign.
martial for any deficiency or delinquency; and no resignation
shall be accepted unless the officer tendering the same shall furnish to the adjutant-general satisfactory evidence that he has




916              ACTS RELATING TO THE CITY OF NEW  YORK.
delivered all moneys in his hands as such officer, and all books
and other property of the state in his possession, to his next
superior or inferior officer, or to the officer authorized by law to
receive the same, and that his accounts for money or public
property are correct.
Regulation
in time of    SEC. S4. In time of war, or when the military forces of this
a'~r.   fstate are in actual service, resignations shall take effect thirty
days from the date of the order of acceptance, unless otherwise
specially ordered by the commander-in-chief.
facan:e    SEC. S5. On accepting the resignation of any officer, the commander-in-chief shall cause the necessary notices and orders to
be given for an election to fill the vacancy so created. provided,
however, that when the military forces of this state shall be in
the actual service thereof, or in the service of the United States
in time of war, insurrection, invasion, or imminent danger thereof,
the commander-in-chief shall fill all vacancies of cpmrnissioned
officers, by appointment.
Removal
frmornm-   SEC. 86. Every officer who shall move out of the bounds of
n'and.    his command (unless such removal shall not be beyond the
bounds of a city in which such command shall lie in whole or
in part), and every officer who shall be absent from  his command twelve months without leave of the commanding officer
of his brigade, shall be considered as having vacated his office,
and a new election shall be held, without delay, to fill the
vacancy so created, except as above provided.
Qof vters    SEC. 87. No person shall be allowed to vote at any election
for a commissioned or non-commissioned officer of a company
unless he is an actual member of such company where he shall
offer to vote, and liable to do military duty therein.
cbllenges.   SEC. 88. If any person offering to vote at any election for a
commissioned officer of a company shall be challenged  as
unqualified by any person entitled to vote thereat, the presiding
officer shall declare to the person so challenged the qualifications
of an elector.
Oath.      SEC. 89. If he shall state himself to be duly qualified, and
the challenge shall not be withdrawn, the presiding officer
shall then tender him the following oath: " You do swear (or
affirm) that you are an actual member of the company commanded by, and that you are liable
to do military duty therein."
Commissions  SEC. 90. The commissioned officer who shall receive a commission for any subordinate officer shall, within thirty days
thereafter, give notice thereof to the person entitled to it.




MILITIA.                                 917
SEC. 91. The commander-in-chief is hereby authorized, so Militsio,
often as he may deem that the good of the service requires, to their spowes
appoint a military board or commission of not less than three
nor more than five officers, to sit at such place as he shall direct,
whose duty it shall be to examine into the physical ability,
moral character, capacity, attainments, general fitness for the
service and efficiency of such commissioned officers as the
commander-in-chief may order to be examined by said board, or
who may be reported for examination to the adjutant-general by
colonels of their regiments, or general officers commanding
their brigades or divisions, and upon such report may be ordered
to be examined by the commander-in-chief. If the decision of
said board be unfavorable to such officer, and be approved
by the commander-in-chief, the commission of such officer
shall be vacated; provided always that no officer shall be
eligible to sit on such board or commission whose rank or promotion would in any way be affected by its proceedings, and
two members at least, if practicable, shall be of equal rank
with the officer to be examined.  The officers constituting such Copensaboard shall receive the same pay and allowances for traveling
expenses as members of courts-martial.
SEC. 92. No officer whose commission shall have been vacated When omcers not elliunder the next preceding section shall be eligible for election gible.
to any military office for the period of one year, and his election
shall be void; and in case the vacancy so created shall not,
within thirty days, be filled by the election of some other and
proper person, the commander-in-chief shall have power to fill
such vacancy by appointment.
SEC. 93. If any commissioned officer shall have become, or IncapePbobe
shall hereafter become, incapable of performing the duties of his superumeroffice, he shall be placed upon the supernumerary list, and with- ry.
drawn from active service and command.
SEC. 94. In order to carry out the provisions of this act, the in1torffr
commander-in-chief shall from  time to time, as occasion may dSabled o
onfit ortcers.
require, cause to assemble a board of not less than. three nor
more than five commissioned officers, one of whom, at least, shall
be of the medical staff, to determine the facts as to the nature
and occasion of the disability of such officers as appear disabled
or unfit from any cause to perform military service; such board
being hereby invested with the powers of a court of inquiry and
court-martial, and their decision shall be subject to like revision
as that of such courts -by te commander-in-chief.  The board,
whenever it finds an officer incapacitated for active service, shall
report such fact to the commander-in-chief, and if he approve
such judgment, the disabled officer shall thereupon be placed
upon the supernumerary list, according to the provisions of this
act; provided, always, that the members of the board shall in




918               ACTS RELATING TO THE CITY OF NEW  YORK.
every case be sworn to an honest and impartial performance
of their duties, and that no officer shall be placed upon the
supernumerary list by the action of said board without having
had a fair and full hearing before the board, if upon due summons he shall demand it, nor shall any officer be summoned
before such board unless reported to the commander-in-chief as
incapable by a majority of the commissioned officers of his regiment, brigade, or division, as the case may be.
Power of   S
susension.   SEC. 95. In time of war, insurrection, invasion, or imminent
danger thereof, when the military forces of this state shall be in
the actual service thereof, the commander-in-chief shall have
power, whenever the public interests may, in his opinion, so
require, to suspend from active service such officer or officers as
he shall deem it discreet so to suspend, and fill the vacancy thus
created by appointment; but no such suspension shall continue for a longer period than thirty days, unless a court-martial
shall have in the mean time been ordered for the trial of such
officer or officers.
OF THE ORGANIZATION OF THE STAFF DEPARTMENTS.
Staffr-in-   SEC. 96. The commander-in-chief shall be entitled to three
che'f.    aids, with the rank of colonel, and a military secretary, with the
rank of major.
Major gene-   SEC. 97. Each major-general shall be entitled to two aids,
with the rank of major, and each brigadier-general to one aid,
with the rank of captain.
Agedtant-    SEC. 98. The adjutant-general shall have the rank of brigadier-general; and in his department there shall be an assistant
adjutant-general, with the rank of colonel; to each division,
Brigades.  a division inspector, with the rank of colonel; to each brigade,
a brigade inspector, to serve also as a brigade major, with the
Regiments. rank of major; and to each regiment or battalion, an adjutant,
with the rank of lieutenant.
Inertor    SEC. 99. The inspector-general shall have the rank of brigadier-general, and his duty shall be to attend to the organization
of the militia of this state.  He shall inspect every branch connected with the military service, attend the military parades
and encampments, when other official duties will permit, and
report annually to the commander-in-chief.  In the inspectorgeneral's department there shall be an assistant inspector-general, with the rank of colonel, who shall also act under the
directions of the  inspector-general as inspector of military
accounts.
ngineer-in-   SEC. 100. The engineer-in-chief shall have the rank of brigadier-general; and there shall be in his department, to each




MILITIA.                                  919
division, a division engineer, with the rank of colonel; to each
brigade, a brigade engineer, with the rank of major; to each
regiment, one engineer, with the rank of captain.
QuarterSEC. 101. In the quartermaster-general's department there masters
shall be a quartermaster-general, with the rank of brigadiergeneral; to each division, a division quartermaster, with the
rank of lieutenant-colonel; to each brigade, a brigade quartermaster, with the rank of captain; and to each regiment or battalion, a quartermaster, with the rank of lieutenant; and the
quartermaster-general may, with the  approval of the commander-in-chief; appoint so many storekeepers as the exigencies
of the service may require, not exceeding one to each storehouse.
SEC. 102. In the department of the commissary-general of~dpartmens
subsistence there shall be a commissary-general of subsistence,
with the rank of colonel; and in his department there shall be
so many assistant commissaries, with the rank of captain, as the
exigencies of the service may require; such assistant commissaries to be appointed by the commander-in-chief, and to hold
their offices during his pleasure.
SEC. 103. In the paymaster-general's department there shall Paymasters.
be a paymaster-general, with the  rank  of colonel; to each
division a division paymaster, with the rank of major; and to
each brigade a brigade paymaster, with the rank of captain; but
such paymasters may at any time be detached from  service in
said brigades or divisions.
SEC. 104. The commissary-general shall hereafter be known Commissary
as the commissary-general of ordnance, and shall have the rank departm nt.
of brigadier-general; and in his department there shall be an
assistant, with the rank of colonel, and so many military storekeepers, for the safe keeping and the preservation of the state
arsenals, magazines, fortifications, and military stores belonging
to this state, as he may find it necessary to appoint, not exceeding one to each arsenal.
SEC. 105. In the hospital department there shall be a surgeon- Hospital
general, with the rank of brigadier-general; to each division, a depa"tment
hospital surgeon, with the rank of colonel; to each brigade, a
hospital surgeon, with the rank of major; to each regiment, a
surgeon, with the rank of captain; and to each regiment or battalion, a surgeon's mate, with the rank of lieutenant, but such
rank shall not entitle said officers to promotions in the line, nor
regulate their pay or rations in the service; and all such officers
shall be graduates of an incorporated school or college of medicine.
SEC. 106. To each regiment or battalion there shall be ap- Chaplain.
pointed one chaplain, who shall be a regular ordained minister
of a christian denomination.




920              ACTS RELATING TO THE CITY OF NEW  YORK.
Jdge advo-  SEC. 107. In the judge advocate's department there shall be
partment. a judge advocate-general, with the rank of brigadier-general;
to each division, a division judge advocate, with the rank of
colonel; and to each brigade, a brigade judge advocate, with the
rank of major.
sergeants.   SEC. 108. There shall be to each regiment or battalion two
sergeant standard-bearers, one sergeant major, one quartermaster sergeant, one commissary sergeant, and one drum major;
and to each regiment or battalion of light artillery and cavalry,
one trumpet major.
Chief of  SEC. 109. The chief of each staff department shall, under the
staff department."t direction of the commander-in-chief, have command over all
subordinate officers in his department, and shall, from time to
time, issue orders and instructions for their government and
practice.
Rules of   SEC. 110. The commander-in-chief is hereby authorized and
staff departnents.   empowered to organize, in his discretion, the various staff departments, and to prescribe by rules and regulations the duties to be
performed by the officers connected therewith, which shall, as
far as may be, conform to those which are prescribed for the
government of the staff department in the army of the United
States.
Banks to be  SEC. 111. Each chief of such department shall prepare and
transmit, at the expense of this state, all blank fbrms of returns,
precepts, warrants, and proceedings necessary in his department.
OF TIE ORGANIZATION OF BANDS OF MUSICIANS.
Bands.     SEc. 112. The commanding officer of each regiment or battalion may, in his discretion, organize a band of musicians, and
by warrant, under his hand, may appoint a leader of such band.
To besubject  SEC. 113. Such musicians shall be subject to the order of such
oleder.  leader, and be under the command of the commanding officer
of the regiment or battalion; and the whole or any part of said
band may be required by such commanding officer to appear at
any meeting of the officers for military purposes, and at the review and inspection or encampment of such regiment or battalion.
Returns of  SEC. 114.  The leader of each band shall, whenever required
leader, by such commanding officer, make returns to him of the warning
of the members of his band, and of the delinquents and delinquencies therein; which returns shall be duly authenticated by the
oath of such leader, taken before a field officer of such regiment
or battalion.




MILITIA.                                921
SEC. 115. Such return, so sworn to, shall be received as Return to b
evidence in all cases, in the same manner as like returns of noncommissioned officers of infantry companies.
SEC. 116. Such commanding officer shall make the like re-"Dlinquents
turns of all such delinquents and delinquencies, as in cases of
non-commissioned  officers and musicians in  companies  of
infantry, and with like effect, and the courts-martial shall
impose the like penalties on such delinquent members of said
band.
SEC. 117. The commanding officer of such regiment or bat-ow edis.
talion  shall have authority to disband such band, whether
now or hereafter established, and to revoke the warrant of its
leader.
SEC. 11S. The provisions of this article shall apply to all
musicians employed to serve with the military forces of this
state.
OF THE ISSUING AND SAFE-KEEPING OF ARMS.
SEC. 119. Whenever any company, organized under the pro-Armories.
visions of this act, shall have reached the minimum  number of
thirty-two non-commissioned officers and privates, the supervisors of the county in which such company district is situated
shall, upon the demand of the captain or commandant of such
company, countersigned by the colonel of theregiment, together
with the certificate of the adjutant-general, that such company
comprises thirty-two non-commissioned officers and privates,
erect or rent within the bounds of such regiment, for said company, a suitable and convenient armory, drill-room, and place of
deposit for the safe-keeping of such arms, uniforms, equipments,
accoutrements, and camp equipage as shall be furnished such
company under the provisions of this act; except in such places
where a public armory shall then exist, the same armory to be
used by several companies, or a regimental or battaliont armory
to be used by all the companies, as the inspector-general shall
deem expedient.
SEC. 120. The expense of erecting or renting such armories Expenso to
be a county
shallbe a portion of the county charges of such county, and shall charge.
be levied and raised in the same manner as other county charges
are levied and paid.
SEC. 121. In case such armory shall not be erected or rented Renting of
by the supervisors for the use of such company, the command- armories
ant of the regiment, in his discretion, with the approval of the
inspector-general, may rent a room or building to be used for
the purpose of such armory, and the amount of rent thereof,




922               ACTS RELATING TO THE CITY OF NEW  YORK.
provided the same shall not exceed the sum of two hundred and
fifty dollars for each company, in the several cities of this state,
and fifty dollars for companies not located in cities, shall be a
county charge, and shall be paid by such supervisors, and levied
and raised as hereinbefore provided.
Armory to
bosubjectto  SEC. 122. Such armory, when erected or rented, shall be
gommtn- under the control and charge of the commanding officer of the
regiment in whose bounds or district it shall be located; and
such commanding officer shall deposit therein all arms and equipments received from time to time for the use of any company in
his regiment.
Armsandt   SEC. 123. The commissary-general of the state shall furnish,
on the order of the colmmander-in-chief, all necessary arms and
equipments, suited to the particular company or corpsbelonging
to each regiment, required for camp and field duty; the same
to be furnished at the expense of the state, including transportation.  But no arms or equipments shall be furnished to any
company  or  corps, unless such  company or  corps  shall
be connected with the regular military organization of the
state.
ommanding  SEC. 124. The commanding officer of each regiment or conofficer to be                                          rgm
resp)nsible. pany shall be responsible for the safe-keeping and return of all
arms and equipments committed to his charge, and shall execute
such bonds as the commander-in-chief shall require from time.to
time; and no company shall be so furnished until bonds for the
safe-keeping and return shall be made out and approved by the
commander-in-chief, and until a suitable armory or place of deposit shall be assigned, rented, or erected in such regiment.
Distribution   SEC. 125. The commanding officer of any regiment or comof arms.
pany who shall have received, according to the provisions of
this act, any arms and equipments from the state for the use of
his regiment or company, shall distribute the same to his regiment or company, as he shall deem proper, and require of those
to whom they were distributed to return them at such time and
place as he shall order and direct; and any officer, who shall negPenalty.  lect or refuse to comply with such order, shall forfeit the sum
not to exceed double the price of any arms or equipments he
shall have received, to be sued for and collected in the name of
the commandant of the regiment, for the use of the military fund
of such regiment.
Keper of    SEC. 126. The commanding officer of each regiment shall appoint a suitable person to take charge of the armory, armories,
or place of deposit of his regiment, or of the several companies
in his regiment, and all arms equipments, and other property of
the state therein deposited, and to discharge all duties connected




MILITIA.                                 923
therewith, as shall be from time to time prescribed by the commanding officer.
Compensa.
SEC. 127. Such person so appointed shall receive a compensa- tion.
tion not to exceed one dollar per day for the time actually
employed in cleaning guns, and other duties indispensably necessary for the safe keeping and preservation of such property of
the state as shall be committed to his charge.
SEc. 12S. The commander-in-chief shall, from  time to time, Rules.
make such orders, rules, and regulations as he may deem proper
for the observance of all officers having charge of any armory
in which arms of the people of this state shall be deposited.
SEC. 129. Whenever the commissioned officers of any uniformed company in this state shall make application to the
commanding officer of their regiment for any arms or equipments, suited to the corps to which their company may belong,
and who shall, at the same time, furnish such commanding officer
with sufficient bonds for the safe keeping and return of the same, sfkeeping.
he may deliver to such officers such arms and equipments belonging to this state as he shall deem proper; but no such arms
or equipments shall be delivered unless the bonds given for the
safe keeping and return thereof shall be approved by the sureties
who became responsible in the bonds furnished to the commander-in-chief for all such arms and equipments.
SEC. 130. Any person who shall willfully injure such armory Penalty
or its fixtures, or any gun, sword, pistol, or other property of the
state therein deposited, shall be deemed guilty of a misdemeanor.
SEC. 131. The commissary-general may, from  time to time, Eamination
require any officer to examine any armory provided as aforesaid,
and report to him the condition thereof, and of the arms and
camp equipage therein deposited.
SEC. 132. All officers applying for the issue of camp equip- Camp eqp.
age shall set forth in their application the number of tents which
they will require, the time when their respective regiments or
companies go into camp, and the number of days which such
encampment will continue; and the commanding officer of each
camp shall, immediately after the breaking up of the encampment, cause the equipage to be returned to such of the state arsenals, or turned over to such officer as may be directed by the
adjutant-general; provided, however, that such tents and camp
equipage shall be deposited in some one of the state arsenals on
or before the first day of November in each year.




924             ACTS RELATING TO THE CITY OF NEW YORK.
OF THE DRILLS, PARADES, AND RENDEZVOUS OF THE NATIONAL
GUARD, AND OF COMPENSATION FOR MILITARY SERVICES.
SEC. 1.33. Whenever any company or companies shall be organized, uniformed, and equipped in any regimental district of
Annual pa- this state, such company or companies shall parade annually
thereafter by regiment, battalion, or company, at such time and
place, between the first day of May and the first day of November, as the commanding officers of their respective brigades shall
order and direct, for the purpose of discipline, inspection, and
review. At any such parade, all the commissioned and noncommissioned officers, musicians, and privates shall appear and
discharge any and all the duties required to be performed by
the commanding officer.  No person shall be permitted in the
ranks on any parade who does not appear in full uniform, and
armed and equipped suited to the company to which he belongs; and no person shall be permitted in the ranks who is not
fully armed and equipped according to the provisions of this act
and the laws of the United States; and all members who shall
appear without such arms and equipments, or without a uniform, at any parade, shall be returned as absent from parade,
and fined accordingly.
Spaadls anr  SEC. 134. In addition to the annual inspection herein specinually  fied, there shall be six drills or parades of the national guard in
each year, not less than three of which shall be by regiment or
battalion, and at such times and places as the commander-in
chief, commandant of division, brigade, regiment, or battalion,
shall direct.
Power of
commanding  SEC. 135. The commanding officer, at any parade, may cause
off'cr.  those under his command to perform any field or camp duty he
shall require; and also to put under guard for the day or time
of continuing such parade, any officer, musician, or private, who
shall disobey the orders of his superior officer, or in any way
interrupt the exercises of the day; also, all other persons who
shall trespass on the parade ground, or in any way or manner
interrupt or molest the orderly discharge of the duty of those
under arms; and also may prohibit and prevent the sale of all
spirituous liquors within one mile of such parade or encampment; and also, in his discretion, all hucksters, or auction sales,
or gambling, may be abated as nuisances.
Cdoeny pa-  SEC. 136. In addition to the drills and parades above specified, the commanding officers of companies may require the
officers, non-commissioned officers, musicians, and privates of
their companies to meet for company drill and parade once in
each month from November to May, and so much oftener as a
majority of the members of such company shall prescribe in and
by the by-laws for the government of the samle.




MILITIA.                                925
SEC. 137. No parade or rendezvous of the national guard
shall be ordered on any day during which a general or special
election shall be held, nor within five days previous to such Election
election, except in cases of riot, invasion, or insurrection, or of ays
imminent danger thereof; and if any officer shall order any
such parade or rendezvous, he shall forfeit and pay to the people
of this state the sum of five hundred dollars,
SEC. 138. For the purpose of warning the non-commissioned Warnings.
officers, musicians, and privates to any parade, encampment, or
place of rendezvous, the commandant of each company shall
issue his orders, under his hand, to his non-commissioned officers, or to such of them as he may deem proper, requiring
them respectively to warn all the non-commissioned officers,
musicians, and privates of his company to appear at such
parade, encampment, or place of rendezvous, armed and equipped according to law and regulation.
SEc. 139. Each non-commissioned officer to whom such order  ow served
shall be directed shall warn every person whom  he shall be
therein required to warn, by reading the orders, or stating the
substance thereof in the hearing of such person; or, in case of
his absence, by leaving a notice thereof at his usual place of
abode or business, with some person of suitable age and discretion, or by sending the same to him by mail, directed to him at
the post-office nearest his place of residence.
SEC. 140. Such non-commissioned officer shall make a return Return.
to his commandant, in which he shall state the names of all
persons by him  warned, and the manner of warning them respectively, and shall make oath to the truth of such return;
which oath shall be administered by the commandant, and certified by him on the warrant or return.
SEC. 141. Such commandant shall deliver the return, to-commandgether with his own return of all delinquencies, to the president      o
of the proper court-martial.
SEC. 142. The return of such non-commissioned officer, so Return to,,
sworn to and certified, shall be as good evidence, on the trial of
any person returned as a delinquent, of the facts therein stated,
as if such officer had testified to the same before the courtmartial on such trial.
SEC. 143. Every commandant of a company shall make the Return of
like return, upon honor, and with like effect, of every delin-deli
quency and neglect of duty of his non-commissioned officers,
either in not attending on any parade or encampment, or not
executing or returning a warrant to them directed, or not obey



926              ACTS RELATING TO THE CITY OF NEW  YORK.
ing the orders of their commanding officers; and also the names
of every non-commissioned officer, musician, or private who
shall refuse or neglect to obey the orders of his superior officer,
or to perform such military duty or exercise as may be required,
or depart from his colors, post, or guard, or leave the ranks
without permission from his superior officer.
commissio    SEC. 144. Any commissioned officer of a company may,
ed officers  without a warrant, warn any or all of the members of his company to appear at any parade, encampment, or place of rendezvous.  Such warning may be given by him either personally or
by leaving or affixing a notice, in the same manner as if given
by a non-commissioned officer; and his certificate, upon honor,
shall be received by any court-martial as legal evidence of such
warning.
SEC. 145. Nothing in the provisions of this act shall be so
construed as to preclude, in the absence of a proper return, the
giving in evidence, at any court-martial upon trial for delinquencies, neglects of duty or offense whatsoever, matters of fact
which go to substantiate the charge or offense; but all such
proof shall be received under the usual rules of evidence in
courts of justice.
Termot duty  SEC. 146. Every non-commissioned officer, musician, and private of any uniform  corps of this state shall be holden to duty
therein for the term of seven years from his enlistment, unless
disability after enlistment shall incapacitate him to perform such
duty, or he shall be regularly discharged by the commandant
of his regiment; all general and staff officers, all field officers,
and all commissioned and non-commissioned officers, musicians,
and privates of the military forces of this state shall be exempt
from jury duty during the time they shall perform military duty,
and from the payment of highway taxes, not exceeding six days
in one year; and every such person not assessed for highway
taxes shall be entitled to a deduction, in the assessment of his
real and personal property, to the amount of five hundred dollars; and every person who shall have served seven years, and
shall have been honorably discharged, as required by this section, shall forever after, so long as lie remains a citizen of this
state, be exempt from two days' highway taxes in each year;
and if a resident of any city of this state, he shall forever be
entitled to a deduction in the assessment of his real and personal
property, to the amount of five hundred dollars each year; the
exemption and deduction herein provided for to be allowed only
on the production, to the assessor or assessors of the town or
ward in which he resides, of a certificate from the commanding
officer of the regiment in which he last served.
Wcoang r   SEC. 147. All notices, warrants, or summons for officers, nondrills, &. commissioned officers, musicians, and privates of any company




MILITIA.                                 927
or troop to attend a drill, improvement meeting, or court-martial,
may be served either personally or by leaving a written or printed
notice, containing the substance of such notice, warrant, or summons, at the dwelling-house, store, counting-house, or usual
place of business of the person to be notified, warned, or summoned, with some person of suitable age and discretion; and
any officer, non-commissioned officer, musician, or private may
also be warned to attend any parade, encampment, or drill, by
inclosing a notice, directed to him at his place of residence, by
mail, directed to him at his nearest post-office, at least five days
before the service required of him.
SEC. 148. The officers and non-commissioned staff officers of ~rcr'
each regiment shall be warned to attedl any parade or drill in
the same manner as is prescribed by law for the warning of the
privates of any company, and the commanding officer of each
regiment may designate and order any or all of the non-commissioned staff officers of the regiment to perform that duty,
who shall make return thereof to the commanding officer or the
adjutant of the regiment, in the same manner, and under the
same penalties for delinquencies as are by law imposed on
non-commissioned officers of companies for similar delinquencies.
SEc. 149. All orders for encampment, inspection, and review Publication
of orders for
shall be published at least twenty days previous to such parade, encampment
in such manner as the commandant of the brigade shall direct,
and notice thereof shall at the same time be given to the inspector-general; and all commanding officers of regiments, battalions, or companies, may, on any parade, read brigade, regimental, or battalion orders, and notify their several commands
to appear as specified in said brigade or regimental order, for the
purposes therein contained, which notice shall be a sufficient
warning to all persons present.
SEC. 150. Every officer, non-commissioned officer, musician, egalty.f
and private of any uniformed company, who shall unnecessarily
neglect to appear on the days at the time and place appointed
for such duty, agreeably to the provisions of this act, shall be
subject to  such fines and  penalties as are hereinafter provided.
SEC. 151. The commanding officer of any brigade, regiment, Meetings for
or battalion, in addition to the rendezvous above prescribed,
may require the commissioned officers and non-commissioned
officers to meet for exercise and improvement, at such times and
places as he shall appoint; and he may require them to appear
with such arms and accoutrements as he may prescribe; said
officers shall thereupon be formed into a corps of instruction,
without regard to rank, and shall be thoroughly instructed in




928              ACTS RELATING TO THE CITY OF NEW YORK.
the manual of arms, the school of the soldier and company, and
in such other theoretical and practical details of duty as the said
commanding officer shall deem proper.
dissioe.  SEC. 152. Each commandant of division may review either
one of the brigades in his division each year; and he shall
require the officers of the division staff, armed and equipped as
the law and regulation direct, to accompany him.
cmmand-    SEC. 153. The commandant of each brigade shall attend, with
ants of brigades to at- the officers of the brigade staff, armed and equipped as the law
and regulation direct, the annual inspection and review of the
several regiments and battalions in his brigade.
Cormpar r-  SEC. 154. It shall be the duty of commandants of companies,
spection.  at the annual inspection, to furnish the brigade inspector with a
return which shall show:
1. The number of commissioned, non-commissioned officers,
musicians, and privates of his company or troop present on
parade, designating the number of each.
2. The number of such company absent from parade.
3. The uniforms, arms, and equipments inspected.
4. The number of uniforms belonging to said company or
troop.
5. The arms and equipments in the possession of said company
or troop.
eturns ofr  SEC. 155. It shall be the duty of each commandant of a regiment or battalion, within twenty days after the annual inspection, to furnish the brigade inspector with a return of the field
and staff officers, non-commissioned staff officers, musicians of
said regiment or battalion, present and absent, armed and
equipped and uniformed according to law and regulation.
Brigade in   SEC. 156. At all encampments, the brigade inspector shall
spector at'
enLcamp.  attend on the first day thereof, to superintend the exercises and
manmuvres, and to introduce the system of discipline which is
or shall be prescribed by law; and on such day he shall take the
command as drill officer, so far as shall be necessary to the execution of those duties; and he shall also make an annual inspection at such times as the commanding officer of the brigade shall
order and direct.
is returns.   SEC. 157. It shall be the duty of the brigade inspector to
transmit a copy of the inspection return, annually, to the adjutant-general, and a duplicate of the same to the division inspector, within thirty days after the inspection shall be made.




MILITIA.                                 929
SEC. 158. It shall be the duty of the brigade inspector, within Statementn o
thirty days after the annual review in each year, to transmit to inspections
the adjutant-general a statement of the reviews and inspection
of the several regiments, or battalions in his brigade, attended
by the commanding officer of division, accompanied by division
staff, armed and equipped and uniformed according to law and
regulation, and also the commanding officer of brigade, with the
brigade staff, armed and equipped according to law and regulation.
SEc. 159. In case any general officer, or any member of his   " fo
staff, shall neglect to attend such inspection and review, it shall teda.
be the duty of the adjutant-general to require such officer to
render an excuse, in writing, to the commander-in-chief for his
delinquency.  If the commander-in-chief shall deem  such excuse insufficient, he shall order a court-martial to try the delinquency.
SEC. 160. Each uniform company may form by-laws, rules, Bylfws of
and regulations,- not inconsistent with this act, for the govern- companies.
ment and improvement of its members in military science, and,
when approved of by two-thirds of all the members belonging
to any such company, shall be binding, but may be altered fiom
time to time, as may become necessary.
SEC. 161. For violations of the by-laws of any uniformed violations of,,,,,.'   i rules,   how
company, the non-commissioned officer, musician, or privatepunished.
offending, by a vote of the company, three-fifths being present,
n ay be expelled from the company; and upon the action of the
company being confirmed in orders by the commandant of the
regiment, the name of such person or persons shall be stricken.
from  the roll of such company, his certificate of membership
shall be surrendered or canceled, and he or they shall cease to
be a member or members of such company, and his or their term
of service in said company shall not be allowed under the provisions of this act.
SEc. 162. The adjutant-general shall prescribe the form of Enlisting orenlisting orders to be furnished and used by each company or
troop in recruiting or filling up such company or troop with its
required number.
SEC. 163. The commandants of division shall discharge the Diovisin
duties, possess the powers, and be liable to the penalties pertaining to their office, as granted by law or military custom,
provided that no division parades, except of the first division, or
in case of invasion, insurrection, or to aid the civil authorities,
shall be ordered without the consent of the commander-in-chief.
SEC. 16-. The commander-in-chief may order such parades ommanderor drills of the uniformed troops, or any part of them, ashe shall order parades.
deem proper.
59




930               ACTS RELATING TO TIIE CITY OF NEW  YORK.
Camps of in-  SEC. 165. There shall be a camp of instruction once in each
struction.
year after the present year, in each of the division districts of
this state, if the commander-in-chief shall so order, to be held at
such time and in such manner as he shall direct; and the commander-in-chief is hereby authorized and empowered to order
such companies and regiments from  such  division districts,
respectively, to attend such camps as he may think proper, but
in such manner that all the companies and regiments therein
shall be ordered to attend such camp from year to year in rotation; provided, always, that not more than ten thousand men in
any one year shall be ordered to attend said camps; and in case
suitable ground cannot be found in any district for said camp, the
same may be held in the adjoining district.
Time limited   SEC. 166. Such camps shall continue for a period not exceeding ten days, and shall be governed by the rules and regulations
of the army of the United States.
Aratillerd   SEC. 167. The commander-in-chief is hereby authorized and
instruction empowered, at his discretion, to order such regiments, battalions,
States frts. batteries or conmpanies as he shall deem proper, and without regard to arm, not, however, exceeding one thousand men in any
one: year, to be stationed at such forts or other places as may
be furnished by the United States government, or as may be
convenient for that purpose within the state of New York, for a
period not exceeding ten days in any one year, for instruction
in the management of heavy artillery for sea and lake coast
defense, under such instructors as he shall assign for that
purpose.
Officers to    SEC. 168. The commander-in-chief shall designate commisGomma'aL.  sioned officers of proper rank, without regard to military distrists, to command such camps, forts, or other places, and shall
assign such other officers, also without regard to military districts, to duty as field and staff officers and instructors, as may
be required to fully officer such camps and forts.
Ordnance to  SEC. 169. The commissary-general of ordnance shall furnish,
bofuruished..
upon the requisition of the commander-in-chief, such arms, ordnance, and ammunition as may be necessary for the use of the
military forces so encamped or stationed.
Camp oquip-  SEC. 170. The quartermaster-general shall, upon the requisition of the conmander-in-chief, furnish such tents, camp equipage, or other state property as may be required for the use of
the military forces so encamped or stationed, and shall also furnish the transportation necessary for conveying said forces to
and from such camps or stations.
Subsistence.   SEC. 171. The commissary-general of subsistence shall, upon
the requisition of the commander-in-chief, provide the subsist



MILITIA.                                    931
ence necessary for said forces, such subsistence  to conform in
price and quantity to the ration prescribed by  the general
regulations for the army of the United States, and to be issued
in kind.
SEC. 172. The commander-in-chief is hereby authorized and Expenses to
empowered to draw his warrant upon the state treasury for
such sum  as shall be required by the engineer and quartermaster of said camps, forts, or stations, in laying out and preparing the ground designated for such purpose, and in furnishing quarters for said forces and for the services of the officers,
instructors, and privates ordered to attend the same, also for all
necessary expenses of said forces, including transportation and
subsistence; such expenses to be audited by a board, to consist
of the commander-in-chief, comptroller, state treasurer, and
inspector-general.
OF COMPENSATION FOR MILITARY SERVICES.
SEC. 173. The military forces of this state, when in the actual
service of the state in time of war, insurrection, invasion, or tion.
imminent danger thereof, shall, during the time of service,
entitled to the same pay, rations, and allowances for clothing,
as are or may hereafter be established by law  for the army
of the United States.
SEC. 174. There shall be paid to such officers, non-commissioned officers, and privates, as shall be specially ordered to
attend encampments, and sea and lake coast defense duty, in
pursuance of the provisions of this act, not to exceed the following sum each, for every day actually on duty:
1. To all non-commissioned officers, musicians, and privates,
one dollar.
2. To all commissioned officers of the line below the rank of
captain, two dollars.
3. To all commanding officers of companies, three dollars.
4. To all field officers, below the rank of colonel, four dollars.
5. To all commanding officers of regiments, five dollars.
C). To all regimental staff officers, two dollars and fifty cents,
and to all non-commissioned staff officers, one dollar and fifty
cents.
7. To all brigadier-generals, six dollars.
S. To all brigade staff officers, four dollars.
9. To all major-generals, eight dollars.
10. To all division staff officers, five dollars.




932              ACTS RELATING TO THE CITY OF NEW YORK.
11. All mounted officers, and all members of any company of
cavalry or artillery, mounted or equipped, shall receive one clollar per day for each horse actually used by them.
l1. To each military store-keeper, such sum, not exceeding
twenty-five dollars per annum, as the commander-in-chief shall
think proper to allow.
SEC. 175. The staff of the commander-in-chief and the assistants in the several departments, in lieu of all compensation and
allowances now provided by law in time of peace, when upon
actual duty under the provisions of this act, either at drills,
parades, encampments, lake and sea coast defense duty or otherwise, shall receive such compensation as is provided in this act
for officers of the same rank, with their necessary and proper expenses, and those of their departments, to be paid by the state,
upon the certificate of the commander-in-chief.
SEC. 176. In case of war, insurrection, rebellion, or invasion,
or imminent danger thereof, when the military forces of the
state of New York, or any part thereof, shall be in the actual
service of the state, or in the service of the United States, the
staff of the commander-in-chief, while on duty, the assistants
and clerks in the several staff departments, and such other
officers as may be detailed by the commainder-in-chief for the
performance of any duties connected with the recruiting, mustering, enrolling, equipping, arming, providing, and administering of justice for such forces, shall, in lieu of all other allowances under this act, receive such reasonable and proper compensation, not exceeding the pay and allowances of officers of
the same rank in the service of the United States, as the commander-in-chief shall deem  proper, together with their necessary expenses, and those of their departments, to be paid by the
state, upon the certificate of the commander-in-chief, showing a
detailed statement of such services and expenses.
Clerks to beS
employed    SEC. 177. Such clerks shall be employed in the several departments of the general staff of this state as shall be actually
necessary for the public service, in the opinion of the commander-in-chief, and they shall receive, for the time they may
be actually necessarily employed, such compensation as the
commander-in-chief shall prescribe, not exceeding, however,
in any case, the rate of twelve hundred dollars per annum.
SEC. 178. The commanding officer of every uniformed company which shall have been ordered into camp, or to perform
sea and lake coast defense duty, in accordance with the provisions of this act, shall, at the close of the term for which such
cnptain to company shall have been ordered to such camp or duty, make
list of com- out an alphabetical list of the members of his company who
li'y    shall have appeared and performed such duty, uniformed, armed,




MILITIA.                                933
and equipped, as the law and regulations direct, and shall set
opposite to each name the number of days each shall have performed duty, and the amount of pay each is entitled to receive
for such service, and deliver the same, certified on oath to be
correct and true, to the commanding officer of the camp or post,
who shall immediately cause the same to be transcribed in a
book or books to be kept by him for that purpose; such company commandant shall also set forth, opposite to the name of
each member of his company, whether such member is indebted
to the state in any and what amount on account of his uniform
and equipments.
SEC. 179. The commanding officer of the camp or post shall, List of off
cers to be
also, at the close of the time for which each company, battery, made.
battalion, or regiment shall have been ordered to attend for duty
thereat, make or cause to be made a complete roster or list of
all commissioned officers and non-commissioned staff officers who
shall have appeared and performed duty at such parade or encampment, uniformed, armed, and equipped, as the law  and
regulations direct, and shall set opposite to each name the numb'er of days each shall have performed duty at such encampment
or post, and the amount of pay each is entitled to receive for
such service, and shall immediately cause the said list to be
transcribed in a book or books to be kept by him for that purpose.
SEC. 180. The commander-in-chief shall draw  his warrant Pamentupon the comptroller for the amount which shall become due
to officers, non-commissioned officers, and privates, for services
rendered at the drills and encampments for which payment is
allowed by this act.
SEc. 181. The paymaster-general, or a division or brigade
paymaster under his directions, shall, once in each year, visit To be made
the different regimental districts of this state, and shall pay to annu
the officers, non-commissioned officers, and privates, such sums
as they may be entitled to receive therefor under this act.
SEC. 182. The commander-in-chief shall have power to pre- Furtherrulet
scribe such further rules and regulations to provide for the more may be pre
convenient payment of all sums which may become due to s"ribe.
officers, non-commissioned officers, and privates, under the provisions of this act; and the paymaster-general, under the direction of the commander-in-chief, shall prepare the necessary
forms and pay rolls, and cause the same to be transmitted to
the commandants of such regiments, camps, and posts.
OF THE REGIMENTAL FUND  AND REGIMENTAL BOARDS OF
AUDITORS.
SEc. 183. The comptroller shall annually draw his warrant Regimental
uponthe treasurer, in favor of the county treasurer of each full




934              ACTS RELATING TO THE CITY OF NEW YORK.
county, for the sum of five hundred dollars for ea6h regiment or
battalion, certified by the adjutant-general to be organized according to the provisions of this act, within his county, which sum,
together with the fines collected fiom delinquent officers, noncommissioned officers, musicians, and privates, shall constitute
the military fund of such regiment.
Ploard.    SEC. 184. There shall be a board of officers in each regiment,
which shall consist of the commanding officer of the brigade,
who shall be president thereof, and of the field officers of the
regiment and the senior captain therein, any three of whom
shall form a quorum for business, the commanding officer of the
brigade being one.
Meetings.    SEC. 185. The commandant of each brigade shall, from time
to time as he shall deem necessary, convene the board of officers
of each regiment created by this act.
Duties,whon  SEC. 186. Such board, when so convened, shall audit all
convened.
just claims on the military fund of such regiment for contingent expenses of the regiment, and shall make their order on
the proper county treasurer, which shall require him  to pay
such order out of any money in his hands belonging to the military fund of such regiment.
Printing and  SEC. 187. Such board may also direct such printing and pubay ofboard. lishing to be performed and executed as shall be necessary for
the best interest of the regiment and service; the members of
such board shall be entitled to receive for each day's service, as
such members, the sum of two dollars, for not more than three
days in any one year; such sum  to be certified and paid in
the same manner.  Such board shall enter their proceedings
from time to time in a book to be kept for that purpose by each
regiment.
report meS SEC. 18. All county and city treasurers shall report to the
neys, etc. brigadier-general, within the bounds of whose brigades he may
reside, the amount of all moneys received by them, respectively,
by the first days of April and Decembor, annually, and the balance then remaining in their hands, and the number of the regiment to which the same belongs.
OF THE COURTS OF INQUIRY AND COURTSMARTIAL.
OF THE COURTS OF INQUIRY AND COURTS-MAARTIAL FOR THE
TRIAL OF OFFICERS.
Court, how   SEC. 189. Courts of inquiry may be instituted by the commottt.  ander-in-chief, or the commanding officer of division or brigade,
in relation to those officers for whose trial they are authorized
to appoint courts-martial for the purpose of investigating the
conduct of any officer, either by his own solicitation or on a




MILITIA.                                   935
complaint or charge of improper conduct degrading to the character of an officer, or for the purpose of settling rank; but no
such court shall consist of more than one officer, who may, if approved of by the officer ordering the court, require a judgeadvocate to attend such court in taking testimony, and in investigating any complaint that may come before such court.
SEc. 190. Such court shall, without delay, report the evi- Toreiport
dence adduced, a statement of facts, and an opinion thereon, without dowhen required, to the officer instituting such court, who may, lay
in his discretion, thereupon appoint a court-martial for the trial
of the officer whose conduct shall have been inquired into.
SEc. 191. Every court-martial, for the trial of a major-gener- Tri, l,,.faal, shall be ordered by the commander-in-chief, and shall consist
of five officers, any three of whom shall constitute a quorum.
SEC. 192. Every court-martial, for the trial of a brigadier- Briglrgeneral, shall be ordered by the commander-in-c'hief, and shall
consist of five officers, any three of whom  shall constitute a
quorum.
SEC. 193. All other courts-martial, for the trial of commis- Commission.
sioned officers, shall consist of three officers, and shall be order- ed 
ed, if for the trial of officers above rank of captain, by the commanding officer of division, and for all other officers, by the
commanding officer of brigade.
SEC. 194. No officer arrested shall be brought to trial unless Charges and
a copy of the charges and specifications, certified by the officer tions to be
ordering the arrest, shall be delivered to him, or left at his usual s.ersonllY
place of abode, within three days after his arrest; nor unless
the officer ordering such court-martial shall have ordered the
same within thirty days after receiving notice of the arrest, and
a copy of the charges and specifications; nor until ten days
after a copy of a list of the naimes of the officers detailed to
form the court shall have been delivered to the officer arrested,
or left at his usual place of abode.
SEC. 195. The officer ordering the court may, at any time, Vaian'ies.
supply any vacancy that, from  any cause, may happen therein.
SEC. 196. If the officer accused shall have any cause of chal- Challeuges
lenge to any member of such court, he shall, within a reasonable time after receiving a copy of the charges and a list of the
members, deliver his cause of challenge, in writing, to the
officer ordering such court, who shall thereupon determine as
to the validity of such challenge; and if, in his opinion, the
causes are sufficient, he shall appoint another member of such
court.




936              ACTS RELATING T  TO TE CITY OF NEW  YORK.
Oath.      SEC. 197. After the court shall be assembled, and after all
challenges, if any are made, shall have been determined, the
judge-advocate, whether commissioned or special, shall administer to each member the following oath:     You,,do swear that you will faithfully discharge the
duties of a member of a court-martial now assembled, according
to the best of your ability."
Sbentne to  SEC. 19S. Every judge-advocate, whether commissioned or
t   special, and every member of a court-martial, shall keep secret
the sentence of the court, until the same shall be approved or
disapproved, according to law; and shall keep secret the vote
or opinion of any particular member of the  court, unless
required to give evidence thereof by a court of justice.
oe nc.     SEC. 199. The sentence of any such court-martial shall be
according to the nature and degree of the offense, and according
to military usage; but shall not extend farther, in time of peace,
than cashiering the officer convicted, and disqualifying him from
holding any office in the militia of this state, and imposing a
fine not exceeding one hundred dollars.
SEC. 200. The proceedings and  sentence of every courtmartial shall, without delay, be delivered to the officer ordering
the court, who shall approve or disapprove thereof within
fifteen days thereafter, and shall give notice of his approval or
disapproval to the president of such court-martial and to the
arresting officer, and he may, at his discretion, publish the senwhen to be tence, as approved or disapproved, in orders; but no part of
eecuted.  such sentence shall be executed until after the time allowed for
appeal has expired.
ill proebe  SEC. 201. He also shall transmit such proceedings and sensnt to enadj    ce, and his approval or disapproval thereof, to the adjutantgeneral, to be kept in his office.
SEC. 202. The right of appeal to the commander-in-chief, as
Appeal.  it now exists by military usage, is reserved; but no appeal shall
be received, unless made within twenty days after the decision
appealed from is made known to the person appealing.
Compsa-   SEC. 203. There shall be allowed, and paid out of the "treasury, to each division and brigade judge-advocate, and to each
president and member of any court of inquiry or court-martial
for the trial of officers, two dollars for each day actually employed on duty; and the like compensation to every marshal appointed by any such court, for every day employed in the execution of the duties required of him.
b^,mdu to  SEC. 204. The accounts of all persons who, under this article,
are entitled to be paid out of the treasury, shall be audited by




MILITIA.                                 937
the comptroller, who shall, on the application of the governor,
draw his warrant on the treasurer for such sums of money as
may be requisite in the execution of the provisions of this act;
and may require the chief of each staff department to account
quarterly for all money received by him for the purposes connected with his department.
OF REGIMENTAL AND BATTALION  COURTS-MARTIAL.
SEC. 205. The commandant of each brigade may at any time court to consist of field
appoint a regimental or battalion court-martial for any regiment offcer or
or battalion in his brigade, to consist, if practicable, of a field captai
officer or captain.
SEC. 206. The appointment of said court shall be published in Appointorders at least three weeks previous to the convening of the court to be
court; and the officer appointing said court shall fix the day on, ubished'
which it shall convene, and, when convened, the court may
adjourn from time to time, as shall become necessary for the
transaction of business, but the whole session of the court, from
the day on which it shall convene until its dissolution, shall not
exceed three weeks.
SEC. 207. In case any vacancy shall happen in the court, or vacancy.
a new court shall be required, the officer ordering the court, or
his successor in command, may fill such vacancy or order a new
court.
SEC. 208. The officer constituting such court, before he shall Oath.
enter on his duties as such, shall take the following oath: "I,,do swear that I will well and truly try and
determine, according to evidence, all matters between the people
of the state of New York and any person or persons which shall
come before the regimental (or battalion) court-martial to which
I have been appointed."
SEC. 209. Such oath shall be taken by the president, on or eforewhom
before the day on which the court shall convene, before a justice
of the county in which he may reside, or a field officer of his
regiment or battalion; and it shall be the duty of such justice
or field officer to administer the oath without fee or reward.
SEC. 210. Such court shall direct a non-commissioned officer, Summons to
accused paror other fit person or persons, to be by him designated, to summon ties.
all delinquents and parties accused to appear before the court,
at a time and place to be by him appointed, which service shall
be personal, or by leaving such summons at the residence of
such parties.
SEC. 211. Such non-commissioned officer, or other person or Return.
persons so designated, shall make the like return, and with like




938               ACTS RELATING TO THE CITY OF NEW  YORK.
effect as commissioned and non-commissioned officers areauthorized and required to make, in cases of warning to a company or
regimental parade, and shall be subject to the like penalties for
neglect of duty.
Jurisdiction.   SEC. 212. The court, when organized, shall have the trial of all
offenses, delinquencies, and deficiencies in the regiment or battalion for which it shall have been called, and shall have power
to impose and direct to be levied all the fines to which non-commissioned officers, musicians, or privates are declared to be subject
by the provisions of this act.
Appeal.    SEC. 213. From  the sentence of any such court, imposing a
fine for any offense, delinquency, or deficiency, an appeal, if made
within twenty days, shall be allowed to the officer instituting
the court, or to his successor in command, who may remit or
mitigate such penalty or fine.
Compnsa-    SEC. 214. There shall be allowed and paid out of the military
fund of said regiment 
1. To the officer, constituting said court, a sum equal to one
day's pay for field duty, for each  day he may be actually
employed in holding the court, or engaged in the business
thereof, or in traveling to or from  the court, allowing thirty
miles for a day's travel.
2. To the non-commissioned officer or other person who shall
have summoned delinquents to appear before the court, one
dollar and twenty-five cents for each day he may have been
necessarily so employed, and the same sum  for each day of his
attendance on the court.
3. Each officer, to whom a warrant for the collection of fines
may be directed, shall be entitled to the same fees, and be subject
to the same penalties for any neglect, as are allowed and provided for on executions issued out of justices' courts.
4. For all other services and commitments under this act the
sheriff, jailor, and constables executing the same shall be entitled
to the like fees as for similar services in other cases.
Fines, to  SEC. 215. All fines and penalties imposed by any regimental
whlompaid. or battalion court-martial shall be paid by the officer collecting
the same to the treasurer of the county within which the officer
instituting the court may reside, and shall belong to the military
fund of such regiment.
OF THE IMPOSITION  OF PENALTIES AND FINES FOR VIOLATING
THE PROVISIONS OF THIS ACT.
ealties on  SEC. 216. In time of peace, every commissioned officer, for
conmmnissioned ofcers. disobedience of orders, neglect, or ignorance of duty, unofficerlike conduct, or disrespect to a superior officer, or for neglecting to furnish himself with a uniform- and equipments within




MILITIA.                                 939
six months after receiving his commission, shall be arrested and
brought to trial before a court-martial, who may, on conviction,
sentence him  to be cashiered, incapacitated from holding any
military commission, or fined to an amount not exceeding one
hundred dollars, or to be reprimanded, or may sentence him  to
all or either of such penalties, in their discretion.
SEC. 217. Every commissioned officer refusing to pay over Nglect to
moneys in his hands, as is directed by the provisions of this act, money"
shall be liable to be tried and cashiered, or otherwise punished
therefor, by a court-martial.
SEC. 218. Every commissioned officer, and every non-commis- Fn".
sioned officer, musician, and private, shall, on due conviction,
be subject for the following offenses to  the  fines. thereto
annexed':
1. Every non-commissioned officer, musician, and private, for
non-appearance, when duly warned and summoned at a company parade, a fine of two dollars; at a regimental or battalion
parade or encampment, not less than three nor more than six dollars; and at a place of rendezvous, when called into actual service,
a sum  not exceeding twelve months' pay, nor less thali one
month's pay.,
2. Every commissioned officer, for non-attendance at any
parade or encampment, and every such officer, non-commissioned
officer, musician, and private, neglecting or refusing to obey the
orders of his superior officers on any day of parade or encampment, or to perform  such military duty or exercise as may be
required, or departing front his orders, post, or guard, or leaving
his place or ranks, without permission, a fine not more than one
hundred, nor less than five dollars.
3. For neglecting or refusing to obey any order or warrant
to him lawfully given or directed, or to make a proper return
thereof, if such return be necessary, or making a false return,
or neglecting, or refusing, when required, to summon a delinquent before a court-martial, or duly to return such summons, a
fine not more than one hundred, nor less than five dollars.
SEc. 219. Every commissioned officer, for neglecting or refus- Refusal toact
ing to act as such when duly elected and commissioned, may be when electe
sentenced to pay a fine not less than ten dollars; every noncommissioned officer, for neglecting or refusing to act as such
when duly appointed and warranted, may be sentenced to pay
a fine not less than five dollars; and every non-commissioned
officer, for neglect of duty, or disorderly or unofficer-like conduct, in addition to other penalties, may be reduced to the ranks
by the commandant of the company, with the approbation of
the commandant of the regiment or battalion.




940               ACTS RELATING TO THE CITY OF NEW YORK.
rsharge of  SEC. 220. Every non-commissioned officer, musician, or private, who shall unlawfully discharge any fire-arms within two
miles of any parade, on the day thereof, shall be sentenced to
pay a fine of one dollar.
conlission.  SEC. 221. Any commissioned officer who shall retain a commission, received by him for any subaltern, for more than thirty
days, without giving notice by mail, or otherwise, to the person
entitled to it, shall be liable to pay a fine not exceeding twentyfive dollars, to be imposed by the proper court-martial on the
complaint of any officer interested. In addition to the penalties
imposed by any of the provisions of this act, every commissioned and non-commissioned officer, musician, and private of a
company or troop, or any other person who shall appear at any
Appr^ing. parade or encampment wearing any personal disguise.or other
dress.   iunusual or ludicrous article of dress, or any arms, weapons, or
other implements, not required by law, and calculated to excite
ridicule, or to interrupt the orderly and peaceable discharge of
duty by those under arms, shall be liable to a fine of not more
than twenty-five and not less than five dollars, to be imposed by
the proper court-martial.
exinq foe    SEC. 222. The court-martial by which'any delinquent is tried
may exculse such delinquent, if it shall be made satisfactorily to
appear to the court that he has a reasonable excuse for such
delinquency.
lMember of   SEC. 223. No action shall be maintained against any member
tial texemt of a court-martial, or officer or agent acting under its authority,
from sit.  on account, of the imposition of a fine, or the execution of a
sentence on any person, if such person shall have been returned
as a delinquent and duly summoned, and shall have neglected
to appear and render his excuse for such delinquency, or show
his exemption before such court.
Securit for  SEC. 224. When a suit or proceeding shall be commenced in
costs.
any court by any person against any officer of this state for any
act done by such officer in his official capacity, in the discharge
of any duty under this act, or against any person acting under
authority or order of any such officer, or by virtue of cny warrant issued by him pursuant to law, or against any collector or
receiver of taxes, the defendant may require the plaintiff in such
suit to file security for the payment of the costs that may be incurred by the defendant in such suit or proceeding, and the
defendant, in all cases, may plead the general issue, and give
the special matter in evidence, and in case the plaintiff shall be
non-prossed or non-suited, or have a verdict  of judgment
against him, the defendant shall recover treble costs.




MILITIA.                                 941
OF THE COLLECTION OF FINES AND PENALTIES.
SEC. 225. For the purpose of collecting such fines as may be
imposed by any court-martial authorized by this act, the president of the court shall, within thirty days after the fines have
been imposed, make a list of all the persons fined, designating Lot ferthe company to which they respectively belong, and the sums
imposed as fines on each person, and shall draw his warrant
under his hand and seal, directed to any marshal, sheriff, or constable of any city or county (as the case may be), thereby commanding him to levy such fine or fines, together with his costs, Levy to be
of the goods and chattels of such delinquents; and if any such
delinquent shall be under age, and live with his father or mother,
master or mistress, then to levy such fine or fines, with the costs,
of the goods and chattels of such father or mother, master or
mistress, as the case may be; no property now exempt by law
shall be exempt from the payment of such fines, and in case the
goods and chattels of any delinquent, or the goods and chattels
of the father or mother, master or mistress, of any delinquent
under age, cannot be found, wherewith to satisfy the same, then raod y to b
to take the body of such delinquent and convey him to the jail
of the city or county where he shall reside.
SEc. 226. It shall be the duty of the jailor, to whom suchCafn  in
delinquent may be delivered, to  keep  him  closely confined,
without bail or mainprize, for two days, for any fine not exceeding two dollars, and two additional days for every dollar above
that sum, unless the fine, together with the costs and the
jailor's fees, shall sooner be paid.
SEC. 227. Every such marshal, sheriff, or constable, to whom omfer tur
any such list and warrant shall be directed and delivered, may
execute the same by levying and collecting the fines, or by
taking the body of the delinquent in any city, town, or county
in this state, and shall make return thereof, within forty days
from the receipt of such warrant, to the officers who issue the
same.
SEC. 228. If the marshal, sheriff, or constable, shall not be
able to collect the fines or take the bodies within the forty days
aforesaid, then the officers issuing the warrant may, at any time
thereafter within two years from the time of imposing the fines, New warissue a new  warrant against any delinquent, or renew  th  issue.tna
former warrant, from  time to  time as may become necessary.
SEC. 229. Any warrant for the collection of fines, issued by warrants re
virtue of this chapter, shall and may be renewed in the same
manner that executions issued from justices' courts may by law
be renewed.




942               ACTS RELATING TO THE CITY OF NEW YORIK.
Fiine to e  SEC. 230. The amount of any fines so collected  shall be
county treas- paid, by the officer collecting the same, into the county treasury,
ury     and shall form a portion of; and be credited to, the regimental
fund of the regiment to which the person fined belonged.
Additional S
bond r-    SEC. 231. In addition to the bond now required by law to
quired.   be given by the marshal, sheriff, constable, or other officer, for the
faithful discharge of his duties, such named officers shall execute
a bond for the payment of all moneys by them collected, under
the provisions of this act; and the sureties of such officers,
hereby authorized to collect fines and penalties, shall be liable
for any official delinquency under this act.  Such bonds to be
approved by the county judge of each county.
GENERAL PROVISIONS APPLICABLE TO ALL COURTS-MARTIAL
AND COURTS OF INQUIRY.
Subpcnas,   SEC. 232. The president of every court-martial and of every
court of inquiry, both before and after he shall have been
sworn, and also the judge-advocate, if required, shall issue subpoenas for all witnesses whose attendance at such court may,
in his opinion, be necessary in behalf of the people of this
state, and also on application for all witnesses in behalf of any
officer charged or accused, or persons returned as delinquent;
and -may direct the commandant of any company to cause such
subpoena to be served on any witness or member of his company.
Administer-   SEC. 233. The president of such court-martial or the court
of inquiry shall have power to administer the usual oath to
witnesses, and shall have the same power to compel attending
witnesses to be sworn and testify, and to preserve order, as
courts of common law jurisdiction; and all sheriffs, jailors, and
constables are hereby required to execute any precept issued
by such president or court for that purpose.
Fobinefg s-  SEC. 234. Every witness, not appearing in obedience to such
po-la.    subpoena, when duly served, personally, with a copy of the same,
and not having a sufficient or reasonable excuse, shall forfeit to
the people of this state a sum not less than ten nor more than
fifty dollars; and the president of such court shall, from time
to time, report to the district attorney the names of all such
delinquent witnesses, together with the names and places of
residence of the persons serving such subpoena, the better to
enable him to prosecute for such forfeiture.
Attachment   SEC. 235. Whenever it shall appear, to the satisfaction of any
attendance. court-martial or court of inquiry, by proof made before such
court, that any person, duly subpoenaed to appear as a witness
before said court, shall have refused or neglected without




MILITIA.                                 943
just cause to attend as such witness in conformity to such subpoena, and the party in whose behalf such witness shall have
been subpoenaed shall make oath that the testimony of such
witness is material, such court, or the president thereof, shall
have power to issue an attachment to compel the attendance of
such witness.
SEC. 236. Every such attachment shall be executed in the   T Cx-;
cutel and
same manner as a warrant, and by any officer authorized to cots of.
execute warrants, and the fees of the officers serving the same
shall be paid by the person against whom the same shall have
been issued, unless he shall show reasonable cause, to the satisfaction of such court, for his omission to attend; such costs
shall be ascertained by the court, who may thereupon issue an
execution for the collection against the person liable to pay the
same, and which may be collected as other executions are collected, and by any officer authorized to collect executions issued
from courts of justice.
SEC. 237. Any person or persons who shall be guilty of dis- Disordcery
orderly, contemptuous, or insolent behavior in, or use any insulting or contemptuous or indecorous language or expressions to or
before any court-martial or court of inquiry, or any member of
either of such courts, in open court, intending to intercept the
proceedings or to impair the respect, the authority of such courts,
may be committed to the jail of the county in which said
courts shall sit, by warrant under the hand and seal of the president of such court.
SEC. 238. Such warrant shall be directed to the sheriff or warrant,
any or either of the constables and marshals of any such county, how served.
or any officer attending the court, and shall set forth the particular circumstances of the offense adjudged to have been committed; and shall command the officer to whom it is directed to
take the body of such person and commit him to the jail of the
county, there to remain without bail or mainprize, in close confinement, for a time to be limited, not exceeding three days,
and until the officer's fees for committing and the jailor's fees
be paid.
SEc. 239. Such sheriff shall receive the body of any person  utlyf
who shall be brought to him  by virtue of such warrant, and
keep him  until the expiration of the tim.e mentioned in the
warrant, and until the officer's and jailor's fees be paid, or until
the offender shall be discharged by due course of law, unless
sooner discharged by any judge of a court of record, in the
same manner and under the same rules as in cases of imprisonment under process for contempt from a court at law.
SEC. 240. In the absence of the president of any court-mar- Senior ofcor
to preside
tial, the senior officer present may preside, with all the powers in absence of
president.




944                ACTS RELATING TO THE CITY OF NEEW  YORK.
of the president; and all the members of such courts shall,
when on duty, be in full uniform.
Marshals.  SEC. 241. The president of any court-martial or any court of
inquiry may appoint, by warrant under his hand and seal, one
or more marshals.
hoir powers  SEC. 242. The marshals so appointed may not only perform the
usual duties of such marshals, but may also execute all process
lawfully issued by such president or court, and perform all acts
and duties in this act imposed on and authorized to be performed
by any sheriff, marshal, or constable.
Appeal a-   SEC. 243. Whenever the sentence of any court-martial shall
p.  be appealed from, the officer hearing the appeal shall require
the court, or the president thereof, to furnish him forthwith with
a statement of the case, and of the evidence touching the same;
which statement and evidence shall, in case of an appeal to the
commanding officer of the brigade, be forthwith, on notice of
such appeal, transmitted to him.
Mar receive  SEC. 244. Such statement being furnished, the officer hearing
l'ulrrther tes-     Y rrL9 ~ N0vr ~v~lv~,rr    vr~Ss~i~h~,~~   rr  vrrvrhearing
tilnony.  the appeal may hear such further evidence, by affidavit or
otherwise, as the nature of the case may require, and for that
purpose he shall have power to administer the usual oaths to
witnesses produced before him, except in cases where trials
may have been had upon charges preferred.
SEC. 245. The last two sections shall extend to appeals made
from the order of an officer approving the sentence of a courtmartial.
SEC. 246. If any officer, having a warrant for the collection
of any fine, shall not be able to collect the fine within the time
specified therein, then the officers issuing the warrant may, at
any time thereafter, within two years from the time of imposing
enewoal of the fines, issue a new warrant against any delinquent, or renew
the former warrant, from time to time, as may become necessary.
SEC. 247. Any warrant for the collection of fines, issued by
virtue of this act, shall and may be renewed in the same manner
that executions issued from justices' courts may, by law, be
renewed.
Marshals,    SEC. 248. It shall be the duty of the respective presidents of
sheritll and courts-martial to prosecute, in the name of the people of the
constables to C             reut                           t           
bd prosecut- state of New York, any marshal or constable, sheriff and their
ed for neglect.   sureties, who shall incur any penalty for neglect in the execution or return of any warrant, or in paying over moneys collected
by him.




MILITIA.                                 945
SEC. 249. Whenever any court-martial shall consist of one
person, he shall be deemed the president thereof, within the
meaning of this act.
SEC. 250. The chiefs of the staff in each division, regiment,  iftomake
or battalion shall, on or before the first day of November in returns o
each year, return to the commandants of division and brigade, dnqn
respectively, the names of all commissioned officers absent from
any parade, encampment, or drill which they shall be required
by law to attend.  Within ten days after the receipt of such
returns, the respective commandants of division or brigade, as
the case may be, shall order a court-martial, to consist of three to be cortcommissioned officers, without regard to rank, to pass upon such martialed.
delinquency. It shall not be necessary to cause the arrest of
such absentee, nor to serve any charges, unless, in the discretion
of the officer ordering the court, it may be proper; but the
delinquent may be fined, pursuant to the provisions of this
act, provided notice of the return and of the time appointed
for holding the court-martial shall have been delivered to him
or left at his usual place of abode at least ten days before the
assembling of said court.
SEC. 251. The court may excuse any delinquent, for good
cause shown.
SEC. 252. Any fine for offenses against the by-laws of any oressey
company of the national guards or of regimental boards, not laws.
exceeding the sum of twenty-five dollars, a certified copy of the
proceedings relating to the infliction of which has been returned
to any regimental court-martial or court of appeals, may be
enforced by such court in the manner hereinbefore provided, due
notice being given to the delinquent, and further provided that
a certified copy of said by-laws be filed with the commandant
of the regiment.
SEC. 253. Whenever any portion of the military forces ofRgulatiu
this state shall be ordered to assemble for purposes of militaryStates armoy
instruction, under the authority of the commander-in-chief, or
whenever any part of the state forces shall be ordered to assemble, under his authority, in time of war, insurrection, invasion,
or public danger, the rules and articles of war, and general
regulations for the government of the army of the United States,
so far as they are applicable, and with such modifications as the
commander-in-chief may prescribe, shall be considered in force
and regarded as a part of this act, during the continuance of such
instruction, and to the close of such state of war, invasion,
insurrection, or public danger; but no punishment under such
rules and articles which shall extend to the taking of life, shall
in any case be inflicted, except in time of actual war, invasion,
or insurrection, declared, by proclamation of the governor, to
exist.
60




946              ACTS RELATING TO THE CITY OF NEW  YORK.
OF THE DUTIES OF CERTAIN STAFF OFFICERS,
AND OF VARIOUS MATTERS CONNECTED WITH
THEIR VARIOUS RESPECTIVE DEPARTMENTS.
OF THE ADJUTANT-GENERAL.
Roster of  SEC. 254  The adjutant-general shall keep a roster of all the
officers of the military forces of this state, containing the date
of their commissions, their ranks, the corps to which they belong,
the division, brigade, and regiment of such corps, and the places
of their residence, as accurately as can be ascertained, which
roster shall be revised and corrected every year.
Descrit:on   SEC. 255. He shall also enter in a book, to be kept for that
of districts.
purpose, a local description of the several company, regimental,
brigade, and division districts.
Rostero did  SEC. SC56. It shall be the duty of the commandants of divisions
brigades   and brigades to furnish the adjutant-general with a roster of their
officers, containing the facts requisite to enable him to comply
with the provisions of this act.
~oo's.     SEC. 257. The books required by the  adjutant-general to
comply with this act shall be furnished him at the expense of
this state, and shall go to his successors in office.
Seal.      SEC. 258. The seal now used in the office of the adjutantgeneral shall continue to be the seal of his office, and shall from
time to time be delivered to his successor in office; and all
copies of records or papers in his office, duly certified and authenticated under the said seal, shall be evidence in all cases, in like
manner as if the originals were produced.
Pdrintin and  SEC. 259. It shall be the duty of the adjutant-general to cause
of militia  so much of the militia laws as shall at any time be in force to
be printed in proper form, from time to time, and to distribute
one copy to each commissioned officer, and to each town clerk,
supervisors' clerk, and county treasurer, in this state; and also,
To furnish  to prepare and cause all necessary blank books, forms, and
blank books
forms, tc'  notices to be transmitted, at the expense of this state, to carry
into full effect the provisions of this act; and the comptroller
is hereby directed to draw his warrant on the treasurer of this
state for the expenses incurred under this section.
ssistant.    SEC. 260. The  adjutant-general is hereby  authorized  to
appoint an assistant, who shall have the rank of colonel, and be
commissioned by the commander-in-chief, and who shall hold
such office during the pleasure of the adjutant-general.  In the
absence of the adjutant-general from the city of Albany, or in
case of his inability to perform  his duties, his assistant shall
have full power to perform all the duties appertaining to the




MILITIA.                                 947
office of adjutant-general.  But nothing in this section shall be
so construed as to give any validity to the acts of said assistant
in case of the disapproval of the adjutant-general.
OF THE COIMMISSARY-GENERAL.
SEC. 261. The commissary-general shall keep in good repair Calo of =r
the arsenals and magazines of the state, and attend to the due magazines.
preservation and safe keeping, cleaning, and repairing of the
ordnance, arms, accoutrements, ammunition, munitions of war,
and implements of every description, the property of this state;
and he shall at all times have the control and disposition of the
same for that purpose.
SEc. 262. He shall, under the direction of the commander-in- Damaged
I munitions.
chief, dispose to the best advantage of all damaged powder, and
of all ordnance, arms, ammunition, accoutrements, tools, implements and warlike stores of every kind whatsoever, that shall be
deemed unsuitable for the use of the state.
SEC. 263. He shall, fiom time to time, render a just and true Accountof
account of all sales made by him, with all convenient speed, to
the governor, and shall pay the proceeds of such sale into the
treasury of the state for military purposes, or expend the same
in the purchase of suitable arms, ammunition, and camp or
other equipage, as the commander-in-chief may direct.
SEC. 264. Whenever the commanding officer of a brigade shall Drus,^  col.
certify that a stand of colors, or any drums, fifes, or bugles are befurnished.
necessary for any company, battalion, or regiment in his brigade,
the commissary-general, with the approbation of the commanderin-chief, shall furnish such company, battalion, or regiment with
a stand of colors, and a sufficiency of drums, fifes, and bugles at'ihe expense of the state.
SEC. 265. The commissary-general shall issue the proper Powder and
allowance of powder and balls to artillery companies for prac- tice.
tice; and the several commandants of artillery companies shall
annually report to the commissary-general the situation and
state of the pieces of ordnance, arms, implements, and accoutrerents, the property of the state, intrusted to their charge respectively.
SEC. 266. The commissary-general shall issue all ammunition Requisition.
suited to the several arms of the service, upon the requisition of
any commandant of brigade, regiment, or battalion; and shall,
on a like requisition, replace such articles or implements for
ordnance as may be, by use, rendered unfit for service.




948              ACTS RELATING TO THE CITY OF NEW YORK.
Annual r'   SEC. 267. The commissary-general shall report annually to
port.
the commander-in-chief, whose duty it shall be to transmit the
same-to the legislature, a true and particular statement, showing
the actual situation and disposition of all the ordnance, arms,
ammunition, and other munitions of war, property, or things,
which in any wise appertain to, or respect the, department confided to his keeping.
Account of  SEC. 268. He shall keep a just and true account of all the expenses necessarily incurred in and about his department, which
shall include all expenses for transportation, to and from the
arsenals, all ordnance, arms, ammunition, and camp equipage,
and deliver the same to the comptroller, who shall thereupon
examine and audit the same, and shall draw his warrant on the
treasurer for such sum as he shall audit and certify to be due.
Judge-advo-   SEC. 269. It shall be the duty of the judge-advocate-general
cate-general                                        ZD
toprosecute to prosecute any bond, the condition of which is violated by a
neglect or refusal of any officer to report the condition of any
arms or equipage, or to return the same to any of the arsenals
of this state, as required by law.
Ad.istant    SEC. 270. The commissary-general is authorized to appoint an
"ommiar. assistant with the rank of colonel, and who shall be commissioned by the commander-in-chief, and hold his office during the
pleasure of the commissary-general, and shall perform the duties
now  required by law to be performed by the military storekeeper at the New York arsenal, and shall be compensated in
the same manner as such military storekeeper has been compensated.  In the absence of the commissary-general from the city
of New York, or in case of his inability to perform his duties,
his assistant shall have full power to perform all the duties appertaining to the office of the commissary-general; but nothing
in this section shall be so construed as to give any validity to
the acts of such assistant in case of the disapproval of the commissary-general.
OF THE INSPECTOR-GENERAL.
To visit and  SEC. 271. It shall be the duty of the inspector-general to
visit, at least once in every two years, each regimental district
in the state. He shall critically inspect, as often as he may
deem  necessary, every branch connected with the military
service, including armories, arsenals, and military storehouses;
and he shall also attend to the organization of the militia, and
report to general headquarters the improvement in discipline
and tactical instruction of the uniformed forces.
command-    SEC. 272. Commandants of regiments and companies shall
ants  to  furnishinforra. furnish to the inspector-general such information as he may
tion.




MILITIA.                                 949
require, as to the number and kinds of arms, equipments, and
military property of the state issued to their respective regiments and companies; and, at the conclusion of the inspection
of any armory, arsenal, or military storehouse, if he find the
property which ought to be kept therein, or any part of it, missing, injured, unfit for use, or deficient in any respect, he shall
forthwith report the facts in respect thereto to the commanderin-chief.
SEC. 273. It shall be his duty, after the first day in November To inspect
in each year, to inspect the tents and camp equipage belonging 
to the state, and report any deficiency therein to the commanderin-chief, on or before the first day of January thereafter.
SEC. 274. In his annual report he shall state what general pntuar
and  field officers have been  in  command  of parades and
encampments, what changes of general or field officers have
been made, and what degree of improvement has been attained
by both officers and men, and whether the general regulations
have been observed, together with such suggestions as he may
see fit to make.
Mattera r6
SEC. 275. To the inspector-general will be referred, by order erred to
of the commander-in-chief, such matters as require an exam- hi"
ination at a distance from the general headquarters, for the information  of the commander-in-chief, and it shall be the duty
of inspector-general, upon such reference, to report upon the
qualifications of persons named to  the  commander-in-chief
for appointment to military office, and also upon thepossession
of the necessary requisites by the applicants for the organization
of companies.
Reports to b0
SEC. 276. The division and brigade inspectors, whenever made to him
required by the inspector-general, shall report to him the con- wqheredition of their respective divisions or brigades, and shall also,
upon his request, report to him  upon any  matter properly
belonging to his department, which may require examination
within their respective division or brigade districts.
SEc. 277. The inspector-general shall visit the several encamp- To visit en
ments which shall be ordered by the commander-in-chief, and 
to ascertain whether the troops have been properly instructed
in the exercises and evolutions of the field; he will cause them
to be exercised in the mancmuvres required to be practiced during the year, as prescribed by the regulations; and he will give To      ihis instructions, as to  the exercises, to  the  commanding structions.
officer, who will issue all necessary orders and directions to the
troops for their execution.
SEC. 278. The inspector-general shall, at least once in every,oto knexacotwo years, examine the book of proceedings of the board of coutsoJ
auditors.




950               ACTS RELATING TO THE CITY OF NEW  YORK.
auditors of each regiment, and the accounts filed with the
secretary of such board during the two years previous, or since
the last examination made by the inspector-general, and he shall
carefully compare the book of proceedings with accounts; he
shall also examine the warrants drawn by the board of auditors,
in the possession of the county treasurer; and he shall specially
report to the commander-in-chief whether the proceedings of
the board of auditors are regularly and properly entered, and
whether the warrants are in due form; and whether any military funds have been  drawn from  the county treasurer for
improper purposes, or by persons not entitled thereto.
Assis ant-    SEC. 279. The inspector-general is hereby  authorized  to
appoint an assistant, who shall have the rank of colonel, and be
commissioned by the commander-in-chief, and who shall hold
such office during the pleasure of the inspector-general, and
shall receive the same compensation as the assistant adjutantgeneral.  In the absence of the inspector-general from the city
of Albany, or in case of his inability to perform  his duties, his
assistant shall have full power to perform all duties appertaining
to the office of the inspector-general.  But nothing in this
section shall be so construed as to give any validity to the acts of
said assistant in case of the disapproval of the inspectorgeneral.
OF THE JUDGE-ADVOCATE GENERAL.
SEC. 280. The judge-advocate-general, as chief of his department, is charged with the supervision, care, and management of
all things relating to the administration of justice among the
To examine military forces of this state.  He shall diligently scrutinize and
all cases that
have been examine the proceedings of all courts-martial where an appeal has
appealed.
been taken and report thereon for the information of the commander-in-chief; he shall also, in like manner, report in all cases
of disputed elections where an appeal has been taken.  Under
the orders of the comm nander-in-chief, the judge-advocate-general shall act as judge-advocate at any court-martial where the
public interests shalt require his attendance.
Legal advi-  SEC. 281. The judge-advocate-general is the  legal adviser
ser of staff
departments of the several staff departments, upon all legal questions which
may arise therein, and to him may be referred for supervision
all contracts, agreements or other instruments, to be drawn or
executed in the course of the business of such department.
SEC. 282. The officers of the judge-advocate-general's department, when not engaged in the special duties of the same, may
be detailed for such other staff duty as the commandants of
their respective brigades or divisions shall direct.




MILITIA.                                 951
OF INVASION, INSURRECTION, BREACHES OF THE
PEACE, AND DRAFTS OF THE MILITIA.
OF INVASION AND INSURRECTION.
SEc. 283. In cases of insurrection or invasion, or imminent
danger thereof, the commander-in-chief may, by proclamation or
otherwise, order and direct the commandants of such company
districts as he shall designate to accept sufficient volunteers, volunteetS
should the same offer, to raise said company and maintain the ed.
same at the maximum number provided by law, and if sufficient
volunteers should not offer, then a sufficient number shall be
drafted from the reserve militia of said districts in the manner Drafting.
hereinafter provided, who shall thereupon be enrolled as national
guards in said company, and shall be liable to duty in case the
military forces of the state should be called into service.
SEc. 284. The commander-in-chief shall have power, in case
of insurrection or invasion, or imminent danger thereof, to order
into the service of the state such number and description of
companies or regiments of the national guard, or of other militia
of the state as he shall deem proper, and under the command of
such officers as he shall direct; and in such case the forces so
called into service shall receive the same pay and rations as
troops in the service of the United States.  And all the acts, Actsof Goernor collproclamations, and orders of the governor of this state, since the firmd.
sixteenth day of April, eighteen hundred and sixty-one, relating
to the calling out of the militia or volunteers from this state for
the service of the United States, are hereby approved, and in all
respects legalized and made valid, to the same intent and with
the same effect as if they had been issued and done with the
previous express authority and direction of the legislature of this
state, and all commissions issued or hereafter to be issued to the
officers of such volunteer forces by the governor of this state,
in accordance with the act of congress in such cases made and
provided, are hereby confirmed.
SEC. 2S5. In case of any invasion, or of imminent danger Invaion
thereof, within the limits of any division, brigade, regiment, or
battalion, it shall be the duty of the commandant of such
division, brigade, regiment, or battalion to order out, for the
defense of the state, the militia or any part thereof, under his
command, and immediately report what he has done to the
commander-in-chief, through the adjutant-general.
SEC. 286. It shall also be his duty to give immediate notice Notice to be
of such invasion, and of the circumstances attending the same, given
to his immediate commanding officer, by whom such information
shall be transmitted, with the utmost expedition, to the commander-in-chief.




952              ACTS RELATING TO THE CITY OF NEW  YORK.
Regiments    SEC. 287. The commandant of every regiment or battalion,
to be assem-                               ever  egmnt or  
bled.   within the limits of which an insurrection may happen, shall
immediately assemble his regiment or battalion, under arms, and
with the utmost expedition shall transmit information of such
insurrection to the commandant of his brigade and to the commander-in-chief.
Notice to  SEC. 288. He shall also give immediate notice of such insurrection to any judge of the county in which it shall happen, and
shall take such measures for its suppression as to such judge
shall appear most proper and effectual.
Judge may                h   a           shall          greater force
rder addi-  SEC. 289. If the said judge shall deem  a greater force retionalforce. quisite to quell the insurrection, he shall require such additional
force as he may deem  necessary from  the commandant of the
division, or of any brigade therein, whose duty it shall be to
obey his requisition.
JWoundid or  SEC. 290. Every person who, whilst in the actual service of
this state, shall be wounded or disabled in opposing or suppressing any invasion or insurrection, shall be taken care of and
provided for at the expense of the state.
OF RIOTS, TUMULTS, BREACHES OF THE PEACE, AND RESISTANCE
TO PROCESS.
Suppression
of riots,etc.  SEC. 291. In case of any breach of the peace, tumult, riot, or
resistance to process of this state, or apprehension of imminent
danger of the same, it shall be lawful for the sheriff of any
county, or the mayor of any city, to call for aid from any division, brigade, regiment, battalion, or company; and it shall be
the duty of the commanding officer of such division, brigade,
regiment, battalion,'or company, to whom  such order is given,
to order out, in aid of the civil authorities, the military force, or
any part thereof, under his command.
erbl o'    SEC. 292. In such case it shall not be necessary for commandants of companies to issue written orders or notices for calling
out their men, but verbal orders and notices shall be sufficient.
Militia, how
to b oarmed.  SEC. 293. It shall be the duty of the commanding officer of
any division, brigade, regiment, battalion, or company, in all
cases when so called into service, to provide the men of his command, so ordered out, with at least twenty-four rounds of ball
cartridge, and arms in complete order for actual service.
suject t  SEC. 294. Such officer shall be subject, as provided by law, to
sheriff the sheriff or public officer who shall so require his aid; and for
refusing or neglecting to obey the order of such sheriff or public




MILITIA.                                9 53
officer so requiring service, or for interfering, or in any way
hindering or preventing the men of his command from performing such duty, or in any manner, by neglect or delay, preventing
the due execution of law, every such commanding officer, and
every commissioned officer under his command so offending, shall
be liable to a fine of not less than one hundred nor more than
five hundred dollars, and imprisonment in the county jail for a
period not exceeding six months.
SEC. 295. It shall be the duty of the district attorney of any Disobedience, how
county where such offense shall be committed to prosecute the punished.
same; and in addition thereto, such officer shall be liable to be
tried by court-martial and sentenced to be cashiered and incapacitated forever after for holding military commission in this
state.
SEC. 296. Any non-commissioned officer, musician, or private, Penalt
who shall neglect or refuse to obey the orders of his commanding officer in the case above provided for, shall be liable to a
fine of not less than twenty-five nor more than one hundred
dollars, and imprisonment in the county jail for a period not to
exceed three months, to be prosecuted and recovered in the
manner hereinbefore provided in the case of commissioned
officers.
SEC. 297. All officers, non-commissioned officers, and privates, CioenSo
in cases of riot, tumult, breach of the peace, resistance to process, or whenever called upon in aid of the civil authorities,
shall receive the compensation provided by an act entitled "An
act to enforce the laws and preserve order," passed April
fifteenth, eighteen hundred and forty-five, which continues in
force, and shall be published with this act; and every person,
who shall be wounded or disabled in such service, shall be taken
care of and provided for at the expense of the county where
such service shall be rendered.
OF DRAFTS OF THE MILITIA.
SEC. 298. Whenever the commander-in-chief shall order a
draft from the reserved militia of any company district, to raise
the company of the national guard therein to and maintain the
same at either the minimum  or maximum number provided by
this act, or whenever a general draft of the militia shall be made
by order of the commander-in-chief, or of the President of the
United States, such draft shall be determined by lot, to be Lots to be
drawn by the clerk of the county in which such roll has been
filed, in the presence of the county judge and the mayor of
any city, or the supervisor of any town or ward, upon the
requisition of the commanding officer of the regiment within
whose bounds such person may reside.




954              ACTS RELATING TO THE CITY OF NEW YORK.
Exemption.   SEC. 299. Any person so drafted may, within five days after
receiving notice of the same, present to the county judge of
such county his certificate of exemption, or other proof of his
non-liability to military duty, which shall be duly verified, and
if such county judge shall decide that such person is exempt or
not liable, he shall be discharged and another person shall be
drafted in his stead, in accordance with the provisions of this
act.
SEC. 300. Any person so drafted, in accordance with the
Substitutes. above provisions, may offer a substitute at the time of the
rendezvous of the drafted military force and militia, and such
substitute, if he shall be an able-bodied man, of the age of twentyone years and upwards, and shall consent in writing to subject
himself to all the duties, fines, forfeitures, and punishments to
which his principal would have been subject had he personally
served, shall be accepted by the commandant of the company of
drafted militia to which his principal may belong.
SEC. 301. Whenever the President of the United States or the
Drat how commander-in-chief shall order a draft from the militia for pube  lic service, such draft shall be made in the following manner:
1. When the draft required to be made shall be a number
equal to one or more companies to each brigade, such draft
shall be made by company, to be determined by lot, to be
drawn by the commandant of brigade in the presence of the
commanding officers of the regiments composing said brigade,
from the military forces of the state in his brigade, organized,
uniformed, armed, and equipped according to the provisions of
this act.
2. In case such draft shall require a number equal to one
regiment, such shall be determined by lot in the manner above
prescribed.
3. In case such draft shall require a larger number than the
whole number of men composing the military force of said
brigade, such additional draft shall be made of the requisite
number to supply such deficiency from the military roll of the
reserve militia of each town or ward, filed in the office of the
city, village, or town clerk, as hereinbefore provided.
Distribution SEC. 302. The commander-in-chief shall prescribe such rules,
orders, and regulations, relative to the distribution of arms, ammunition, and military stores, to the militia when called into
actual service, as he may deem proper.
Senior oier  SEC. 303. The command of any military force called into
service under the provisions of this title shall devolve upon the
senior officer of such force, unless otherwise specially ordered
by the commander-in-chief.




MILITIA.                                955
OF THE MILITARY FUND OF THE STATE AND APPROPRIATIONS FOR
MILITARY PURPOSES.
SEC. 304. The moneys received from  the several county Moneystobe
treasurers, under the provisions of this act, shall be kept sep-r aepa
arate and apart from the current and ordinary finances of this
state, and shall be applied to the purposes mentioned in this act,
and to no other.
SEC. 305. For the purchase of uniforms and equipments, pay ppropria
of officers and privates, and other expenditures authorized by
this act, the sum of three hundred thousand dollars is hereby appropriated from  the moneys mentioned in the last preceding
section, and from  any other moneys in the treasury, not otherwise appropriated.
MISCELLANEOUS PROVISIONS.
SEC. 306. The commander-in-chief is hereby authorized to Rules and
establish and prescribe such rules, regulations, forms, and precedents as he shall deem proper for the use and government of
the military forces of the state, and to carry into full effect the
provisions of this act. Such rules, regulations, forms, and precedents shall be published in orders by the adjutant-general,
and, from time to time, distributed to the commissioned officers
of the state.
SEC. 307. Whenever any non-commissioned officers, musi- certiicateo
cians, or privates of any uniformed company or troop, shall service.
have performed service in any such company or troop for the
space of seven years from  the time of his enlistment therein,
properly uniformed according to the provisions of law, he shall
be furnished, on application, by the comlmanding officer of
such company or troop, with a certificate, duly setting forth
such facts, which shall, for all purposes, be deemed prima facie
evidence thereof.
SEC. 308. The commanding officer of every uniform company CertflAate of
or troop shall, on the application of any commissioned, noncommissioned officer, musician, or private of his company,
deliver to him a certificate, stating that such person is a member
of his company, and whether he is uniformed according to law,
and how recently he may have performed duty in said company.
Such certificate, when dated within six months, shall be deemed
for all purposes prima facie evidence of the matters therein
stated.
SEC. 309. Every officer, non-commissioned officer, musician, Arms, ete.,
and private of the uniformed militia of this state, who shall have slelt oee
provided himself with a uniform, arms, or accoutrements re- ut'




956              ACTS RELATING TO THE CITY OF NEW YORK.
quired by law or regulations, shall hold the same exempt from
all suits, distresses, executions, or sales for debts, or for the payment of taxes; and every mounted officer, and every member of
a troop of cavalry or light artillery, who shall own a suitable
horse necessary for his use as such officer or member, shall hold
the same with the like exemption.
Rules ands   SEC. 310. The rules and regulations, prepared by a board of
officers under section one of title nine of the militia law, passed
April seventeen, eighteen hundred and fifty-four, with such
changes and modifications as are provided in this act, having
received the approval of the commander-in-chief, are hereby ratified and confirmed, and the commander-in-chief is hereby authorized to make such changes and alterations in said regulations,
from time to time, as he may deem expedient.
Orgeancs    SEC. 311. The commandants of regiments may appoint ordnance sergeants as keepers of armories, not exceeding one to
each armory, who shall be under the authority, and hold office
during tie pleasure of the commandant; such ordnance sergeants shall be paid as now provided for keepers of armories.
from civi    SEC. 312. No person belonging to the military forces shall be
process.  arrested on any civil process while going to, remaining at, or
returning from, any place at which he may be required to attend
for military duty.
Military be SEC. 313. Any person who shall purchase, retain, or have in
longing to  custody or possession, without right, any military property bethsta longing to this state marked as or known to him to be such,
and shall, after proper demand, refuse to deliver the same to
any officer entitled to the possession thereof, shall be liable to
an action for the recovery of the possession of such military
property, and of a penalty of not less than ten nor more than
one hundred dollars.
Penalty.   SEC. 314. Any person belonging to the military forces who
shall, contrary to the lawful order of the proper officer, retain
in his possession or control any military property of this state,
shall be liable to an action to recover the possession thereof,
and to pay a fine of not less than ten nor more than one hundred dollars, and shall also be deemed guilty of a misdemeanor;
and any commanding officer may take possession thereof or of
such military property mentionedin the preceding section, wherever the same may be found.
AEction  to  SEC. 315. Actions to recover the possession of military proprecover.
erty and the amount of any fine or penalty under the two preceding sections may be brought by any officer entitled to the
possession of such property, in any court of competent jurisdic



MILITIA.                                 957
tion, and such fine or penalty together with all other fines and
penalties prescribed by this act, and by chapter three hundred
and ninety-eight of the Session Laws of eighteen hundred and
fifty-four, shall be paid to the treasurer of the county where the
offender may reside, for the benefit of the military fund of the
regiment located therein.  The possession of any military property, or the amount of a fine or penalty may be recovered in the
same action. Proceedings at law shall not preclude the punishment of any military person in the military courts.
SEC. 316. Any person belonging to the military forces of this Tollgateb
state, going to or returning from any parade, encampment, drill, free.
or meeting, which he may be required by law to attend, shall,
together with his conveyance and the military property of the
state, be allowed to pass free through all toll-gates, over tollbridges and ferries.
SEC. 317. Whenever any officer shall have served, or shall Honorary
hereafter serve, continuously and honorably, as commandant of
any military company, under a military commission, issued
under the laws of this state, for the period of twenty years,
the  commander-in-chief shall have power to confer upon
such officer the brevet or honorary rank of colonel, but such
brevet shall not confer additional pay or emoluments for services
under this act.
SEC. 318. All officers, non-commissioned officers, musicians, Coipensa,
and privates of the national guard, while on duty or assembled of riot, etc.
therefor, pursuant to the order of the sheriff of any county, or
the mayor of any city, in cases of riot, tumult, breach of peace,
resistance to process, or whenever called upon in aid of the civil
authorities, shall receive the compensation provided by the
twenty-first section of the act entitled "An act to enforce the
laws and preserve order," passed April fifteen, eighteen hundred
and forty-five, and such compensation shall be audited, allowed
and paid by the supervisors of the county where such service is Supervisors
rendered, and shall be a portion of the county charges of said t
county, to be levied and raised as other county charges are levied
and raised.
SEC. 319. Chapter three hundred and ninety-eight of the laws Acts reof eighteen hundred and fifty-four, except such parts of the same peaed
as are referred to in sections five and ten of this title, chapters
two hundred and sixty-one and five hundred and thirty-six of the
laws of eighteen hundred and fifty-five, chapters one hundred
and twenty-nine and three hundred and forty-three of the laws
of eighteen hundred and fifty-eight, and all other acts and parts
of acts conflicting with this act, are hereby repealed; but such
repeal shall not affect any legal proceedings commenced under
them.
SEc. 320. This act shall take effect immediately.




958               ACTS RELATING TO THE CITY OF NEW  YORK.
1845.-CHAPTER  LXIX.
AN  ACT  to Enforce the Laws and Preserve  Order. —Passed
April 15, 1845.
[Published in accordance with the provisions of the Militia Law
of April 23, 1S62.]
The People of the State of New York, represented in Senate and
Assembly, do enact as jollows:
Distribution   SEC. 1. The commander-in-chief may, on the application of
any sheriff, deputy sheriff, or district attorney, or either of them,
or of the mayor or recorder of any city, or of the commander of
any uniform company, loan to such officer, or to any military
company, or to any number of citizens, or to any city, village,
or town, any number of stands of arms and military equipage,
from any of the arsenals or military stores of this state, which
he shall deem proper, and for such time and on such terms and
conditions and security as he shall deem proper.
pGuard toa    SEC. 2. On the application of the sheriff, under sheriff, or district attorney, of any county of this state, with the assent of a
majority of the judges of the county courts of such county, the
governor may, if in his opinion it shall be necessary and proper,
authorize such sheriff, under sheriff, district attorney, or'some
deputy sheriff, to contract with and organize a guard for the protection of any jail or prison in said county, or to arrest, detain,
or have in safe keeping any prisoner or prisoners, or to enforce
any process, judgment, or decree of any court; which application cnd authority shall be in writing, and a copy thereof filed
and recorded in the office of the secretary of state.
Numbers.    SEC. 3. The said written authority shall specify the number
of persons beyond which the said guard shall not extend.
Revocation.   SEC. 4. The governor may at any time revoke, alter, or modify
such authority.
ntructorm   SEC. 5. The governor may, in his discretion, permit such
companies. sheriff, under sheriff, or deputy, to contract with any uniform
company or companies to form such guard.
Guard, how    SEC. G. Such guard, when so formed, shall be under the commanded   mand and direction of such officer or officers as shall be designated by the governor, and in case he shall not make such designation, then under the comnmand of the sheriff, under sheriff, or
deputy, and of such officer or officers, military or civil, as shall
be designated by such sheriff or deputy; and shall be subject to




MBILITIA.                                959
all such rules and regulations for their government and action as
shall have been agreed on at the time of their organization, or
afterwards directed by the governor; and the governor may deliver to such guard any amount of ammunition or cartridges that
he shall think proper and necessary
SEC. 7. The members of the said guard shall be subject to Penalties.
such penalties and forfeitures, for neglect of duty or disobedience
of orders, as shall have been prescribed at the time of their organization, or afterwards, by the governor.
SEc. 8. Such guard shall receive, as a compensation for their P diem allowance.
services, such per diem allowance as shall have been agreed
upon at the time of their employment, or at any time afterwards, not exceeding, however, the sum of one dollar per day
for each private, and for each officer such sum as shall have been
agreed on, not exceeding two dollars per day.
SEC. 9. The comptroller may require such vouchers and proofs Vouchers for
of the agreements and performance of service under this act as
he shall deem proper, and shall, fiom time to time, audit and allow the accounts therefor as he shall deem just; and, when so
audited and allowed, shall draw his warrant on the treasurer for
the payment thereof; and the treasurer shall pay the same out of
any moneys not otherwise appropriated.
SEC. 10. The comptroller may require  such vouchers and Vouhe for
proofs, in relation to all and each of any such expenses, as he
shall deem proper.
SEC. 11. All moneys paid from the treasury on the warrant of county
chdrge.
the comptroller, by virtue of any of the foregoing provisions of
this act, shall be charged by the comptroller to the county for
whose benefit the same has been so paid, and he shall certify
the amount thereof to the treasurer of said county.
SEc. 12. It shall be the duty of such county treasurer to lay outyfreas
the same before the supervisors of said county at their next an- rer.
nual meeting.
SEC. 13. The said supervisors shall, at their next annual meet- Duty of suing, cause the amount thereof to be levied and collected as other 
county charges are now by law directed to be levied: Provided,
however, if the said board of supervisors shall think it would be
unreasonably burthensome to such county to raise the whole
thereof in one year, the said sum so to be raised may be divided
into two or three equal parts, one whereof shall be levied and
collected in each succeeding year, until the whole sum shall be
so levied and collected.




960               ACTS RELATING TO THE CITY OF NEW  YORK.
Money to be   SEC. 14. The sum or sums levied by virtue of the last precedpaid into
stat trea-. ing section shall be paid over to the county treasurer, who shall,
UrY.    on or before the first day of May thereafter, pay over the same
to the treasurer of the state to the credit of such county.
Teporary    SEC. 1^5. Whenever the sheriff of any county shall deem  it
necessary to raise a temporary guard for the protection of a jail
or prison, or the safe keeping of prisoners, he may, with the
assent of one of the judges of the county courts, employ such
temporary guard as may be necessary until a guard can with
reasonable diligence be formed and organized under the second
section of this act; the expenses of which said temporary guard
shall be audited, allowed, and paid by the board of supervisors
of said county, as other county charges.
ho pense,    SEC. 16. The expenses of the sheriff or other county officer,
incurred in pursuance of any of the provisions of this act, shall
be audited, allowed, and paid by the board of supervisors of the
county, and shall be a portion of the county charges of such
county, to be levied and raised as other county charges are by
law levied and paid.
Penalty for  SEC. 17. Every person who shall resist or enter into a comresisting
proce.   bination with any person or persons to resist the execution or
process, shall be guilty of a misdemeanor, and be punished by
imprisonment in the county jail for a term  not exceeding one
year, or by a fine not exceeding one thousand dollars, or by both
such fine and imprisonment in the discretion of the court.
Power of   SEC. 1S. Section eighty, in article seven of title six of chapter
sheriff to
call out in- seven of the third part of the revised statutes is hereby amendhabitants.  ed, so that the said section shall read: " Whenever a sheriff or
other public officer, authorized to execute any process delivered
to him, shall find or have reason to apprehend that resistance
will be made to the execution of such process, he shall be authorized to command every male inhabitant of his county, or
as many as he shall think proper and with such arms as he
shall direct, and any military company or companies in said
county, armed and equipped, to assist him in overcoming such
resistance, and, if necessary, in seizing, arresting, and confining
the resisters, their aiders and abettors, to be dealt with according to law."
Declaration    SEC. 19. Whenever the governor shall be satisfied that the
f  stateiof execution of civil or criminal process has been forcibly resisted
in any county or counties of this state, by bodies of men, or
that combinations to resist the execution of such process by
force exist in any such county or counties, and that the power
of such county or counties has been exerted and is not sufficient




MILITIA.                                 961
to enable the officer having such process to execute the same,
he may, on the application of such officer, or of the district attorney of such county or of one of the judges of the county
courts thereof, by proclamation to be published in the state
paper, and in such other papers as he shall direct, declare such
county or counties to be in a state of insurrection; and may
order into the service of the state such number and description
of volunteer or uniform  companies or other militia of this state volmers
as he shall deem  necessary to serve for such term as he shall may be
Called  out.
direct; and under the command of such officer or officers as he
shall think proper; and the governor may, when he shall think
proper, revoke, or declare that such proclamation shall cease at
such time and in such manner as he shall direct.
SEC. 20. Any person or persons who shall, after the publica- Pesalty for
tion of such proclamation by the governor, as provided in section cessnineteen of this act, resist or assist in resisting the execution of
any process in any such county so declared to be in a state of
insurrection, or who shall aid or attempt the rescue or escape of
any prisoners from lawful custody or confinement, or who shall
resist or aid or assist in resisting any force ordered out by the
governor to quell or suppress any such insurrection, shall, upon
conviction, be adjudged guilty of a felony, and punished by imprisonment in the state prison for a term not less than two
years.
SEC. 21. Whenever any portion of the militia shall be ordered aYofe "linto service by the governor, in pursuance of section nineteen into servie
of this act, they shall be paid theltefor at the following rates, to
wit: To each private the sum of one dollar per day; to each
non-commissioned officer and musician the sum of one dollar
and twenty-five cents per day; and to all commissioned officers.
of the line, and to the field and staff officers the same compensation as is paid to officers of the army in the service of the.
United States, together with all necessary rations and forage,
and for the horses of any mounted men, one dollar per clay.
SEC. 22. The expenses under the  sections nineteen  and Certain expenses~ how
twenty-one, and also of the commissariat and other militarypaid.
departments, shall be audited and allowed by the comptroller,
and on his warrant paid by the treasurer out of any money in
the treasury not otherwise appropriated.
SEC. 23. This act shall take effect immediately,
61




962                 ACTS RELATING TO THE CITY OF NEW  YORK.
1849.-CHAPTER CCLIV.
AN  ACT  to amend " An Act for the Organization of the First
Division oJ the New  York State Militia." (1)-Passed April 7,
1849, " a majority of all the members elected to each house
voting  in favor  thereof, and  two-thirds  of  the  -members
present in each house concurring."
Tle People of the State of New  York, represeuted in Senate and
Assembly, do enact as follows:
isiondis-    SEC. 1. The first division district shall comprise the counties
trict.   of New  York and Richmond, and the several uniformed corps in
such counties, as now  organized, and hereafter to be organized,
shall constitute the uniformed military force of the first division 
and all the privileges and  immunities heretofore  enjoyed by
said corps shall, except as they may be modified by this act, remain in full force, and shall apply to the several corps of said
division.
Brigado dis-   SEC. 8. The major-general of said  first division  shall divide
the division district into four brigade districts, corresponding to
the first, second, third, and fourth brigades.'gpimitay   SEC. 9. The commander of each  brigade  shall subdivide his
distcts.   brigade district into regimental districts, as nearly as may be,
according to population; and the commandant of each regiment
shall in like manner subdivide his regimental district into eight
company districts.  The said brigade, regimental, and company
districts may, in like manner, from  time to time, with the consent of the commander-in-chief, be altered for the purpose of
equalizing the  same, as far as practicable, and such  alterations, when made, shall be forthwith reported to the adjutantgeneral.
1853.-CHAPTER CCCLXXI.
ANA CT to Re-organize the.First Regiment o'fNew York Volunteers,
and other Soldiers engag'd in the late War with Mexico, into
an Independent Battalion for Ten Years.Passed June 17, 1853.
The People of the State of'ew York, repCresented in, Senate and
_As,& enbZy, do enact as follows:
Enrolment;EC. 1. The surviving officers, non-commissioned officers and
zationofirstpi vates of the first regiment of New  York volunteers, in the
regiment.
(1) This act was revised and amended by chapter 536, Laws of 1855, and most of
its provisions incorporated therein. The Act of 1855 was repealed by chapter 477,
Laws of 1862.
By section 20 of the Act of 1862, the present divisions and districts are to remain as
now established by law, until changed as therein provided. The foregoing sections of
the Act of 1849 are therefore inserted as show ing the present boundaries of the first
division and the brigades and other districts therein.




MILITIA.                                  963
late war with Mexico, who were honorably discharged, may enroll and organize themselves into a battalion, to be known as
"The first regiment of New  York volunteers," and those who
may enroll themselves shall be subject to perform military duty
as an independent battalion in the first division New York state
militia; and the officers, non-commissioned officers, and privates,
who reside within the limits of the city of New York, shall
possess the same rights, privileges, and exemptions as the first
division of the New  York state militia; Provided, however, that
said battalion shall not be required to parade with the first
division more than once in each year, and at such time as the
commanding officer of the first division shall order and direct.
SEC. 2. The surviving officers and non-commissioned officers Rank.
shall hold the same rank in said battalion, at its organization, as
they held at the time they were mustered out of the service of
the United States. Promotion shall be made according to grade;
and the vacancies created by such promotions shall be filled by
elections, at which each volunteer shall be entitled to one vote.
SEC. 3. The commandant of said battalion may enroll, as Enrollmnt
members, officers, and soldiers of other regiments or corps, resi- by comdents of this state, who were engaged in the Mexican war, and   dt
honorably discharged; and such members, when duly enrolled,
shall perform military duties, as members of said battalion, and
possess all the rights, privileges, and exemptions conferred by
this act upon the said officers, non-commissioned officers, and
privates of said New York volunteers, and be subject to all the
penalties and restrictions imposed by this act.
SEc. 4. It shall be lawful for the said battalion to lease, pur- Real and
personal es.
chase, and hold such real and personal estate as may be neces- tate.
sary and advantageous for a suitable armory, and sell, lease, or
mortgage the same, or any part thereof; and the commissarygeneral ahall furnish to said battalion all necessary arms, ammunition, and equipments, to be deposited in their armory for
their use, and shall inspect them from time to time, and, if he
shall find that they are not kept in proper order, shall remove
the same from said armory.
SEC. 5. All courts-martial, for the trial of the field officers of said Courts-mbattalion or courts of inquiry into their conduct, shall be ordered by the major-general of the first division.  All other courtsmartial and courts of inquiry, for said battalion, shall be ordered
by the commandant thereof; and be conducted as provided by
law, and shall consist of three officers; and the said commandant may appoint a special judge-advocate to attend any court
so ordered.
SEC. 6. The officers of said battalion shall constitute a board Board of of.
ficers and tho
of officers, and the commanding officer be president thereof; powers
thereof.




964               ACTS RELATING TO THE CITY OF NEW YORK.
and such board shall have power to make all necessary rules
and by-laws for the government thereof, and of said battalion,
and may, in and by such by-laws, direct the number of parades,
not exceeding seven per annum, the manner of training the
officers and men, the uniform to be adopted, prescribe the fines
for non-appearance at parades and drills, and the mode of collecting the same, and also the penalties and punishments for
unofficer and unsoldierlike conduct, neglect of duty, and deficiency in uniform, arms, or accoutrements; provided, however,
that said penalties and punishments shall, in no case, exceed a
fine of fifty dollars, or suspension, or dismissal from  said battalion, upon a conviction by a court-martial, ordered as herein
provided.
Fenatiesn  The fines and penalties under this section, in case of a refusal to pay the same, may be enforced and collected in the same
manner as fines and penalties imposed under the act entitled,
" An act for the organization of the New York state militia,"
passed April seventh, eighteen hundred and forty-nine.
nesy for  SEC. 7. All moneys collected for fines, penalties, or from
other sources, under this act, shall belong to and be appropriated under the direction of the board of officers for the use
and expenses of said battalion, and be paid over, by whomsoever collected, to the treasury appointed by the said board of
officers.  The balance left at the end of each and every year,
after the current expenses of the battalion are paid, shall be
divided among the board of officers, among the disabled volunteers, and the widows and orphans who may require such
assistance.
Report by    SEC. S. The commandant of said battalion shall, in January of
commandant.    each year, report directly to the commander-in-chief the number of officers, non-commissioned officers, and privates, enrolled
and doing duty in said battalion.
Militia law    SEC. 9. The militia laws of the state, except as herein pronot applicable to this vided, shall not apply to this battalion.
act.
Governor to  SEC. 10. The governor of the state of New  York is hereby
nss2ion'. authorized to issue a commission to each officer who served in
the first regiment of the New York volunteers during the war
with Mexico, and was honorably discharged, and who may join
the organization provided for by this act, conferring upon said
officer the brevet rank next above that which he held, at the
period of his discharge, upon the muster rolls of the regilent,
in consideration of the gallant services performed by those
officers in the several battles in which they were engaged between the cities of Vera Cruz and Mexico.
These brevet commissions shall bear the date of the surrender
of the city of Mexico, which occurred on the fourteenth day of
September, eighteen hundred and forty-seven.
SE.  11. This act shall take effect immediately.




MILK.
1862.-CHAPTER CCCCLXVII.
AN AC Ttoprevent the Adulteration of Milk, and prevent the Trafic
in Impure and Unwholesome Milk.-Passed April 22, 1862,
"three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact asfollows:
SEC. 1. Any person or persons who shall sell or exchange, or or seg
expose for sale or exchange, any impure, adulterated, or un-impure mi.
wholesome milk, shall be deemed guilty of a misdemeanor,
and, on conviction, shall be punished by a fine of not less
than fifty dollars, and, if the fine is not paid, shall be imprisoned  for not less than thirty days in the penitentiary  or
county jail, or until said fine and cost, of suit shall be paid.
SEC. 2. Any person who shall adulterate milk, with the funishment
view of offering the same for sale or exchange, or shall keep atingmilk.
cows for the production of milk for market, or for sale or
exchange, in a crowded or unhealthy condition, or feed the
same on food that produces impure, diseased, or unwholesome
milk, shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished by a fine of' not less than fifty dollars, and if the fine is not paid, shall be imprisoned for not less
than thirty days in the penitentiary or county jail, or until said
fine and cost of suit shall be paid.
SEC. 3. Any person or persons who shall engage in or carry  ans, caron the sale, exchange, or any traffic in milk, shall have the cans to bemarked
in which the milk is exposed for sale or exchange, and the carriage or vehicle from which the same is vended, conspicuously
marked with his, her, or their names, also indicating by said
mark the locality from whence said milk is obtained or produced, and for every neglect of such marking the person or
persons so neglecting shall be subject to the penalties expressed
in the foregoing section of this act.  But for every violation of
this act, by so marking said cans, carriage, or vehicle, as to
convey the idea that said milk is procured from  a different
locality than it really is, the person or person so offending
shall be subject to a fine of one hundred dollars, or imprisonment in the penitentiary or county jail, or,both, in the discretion of the court.
SEC. 4. This act shall take effect immediately.




PLACES OF AMiUSEMENT.
1829.-CHAPTER CCLXX.
AN ACTJyr the Prevention of Masquerades.-Passed April 25,
1829.
The People of the State of New York, represented in Senate and
Assembly, do enact'asfollows:
SEC. 1. It shall not be lawful for any proprietor, manager, or
keeper of any theatre, circus, public garden, public house, public hall or premises, or other place of public meeting, resort, or
amusement whatsoever, within the city and county of New
York, or within the village of Brooklyn, for admission to which
any price or pay is demanded, to allow or permit in the same
any masquerade, or masquerade ball, or any assemblage of persons masked.
SEC. 2. Any person offending against the provisions of this
act, in the city of New York or Brooklyn, shall be guilty of a
misdemeanor, punishable by a fine of not less than two thousand
five hundred dollars, nor of more than five thousand dollars, or
by imprisonment in any prison in this state for a term of not
less than six nor for more than twenty-four months, or both.
(As amended 1858, chap. 359.)
1839.-CHAPTER XIII.
AN ACT to amend an Act entitled "A A  Act to Create a Fzund in aid
of the Society for the Reformation of Juvenile Delinquents in the
City of New York, andfor otherpuposes." —-Passed February 1,
1839.
The People of the State of New York, represented in Senate and
Assembly, do enact as Jbllows:
hetnot to be  S. 1 No theatre, circus, or building, garden or grounds, for
opened with- exhibiting theatrical or equestrian performances, in the city of
out license
from the.New York, shall be opened for such exhibitions, unless the
mayor'   manager or proprietor thereof shall first and annually obtain




PLACES OF AMUSEMENT.                              967
from the mayor of the said city a license therefor; which license
the said mayor is authorized to grant, to continue in force until
the first day of May next ensuing the grant thereof.  And every
manager or proprietor neglecting to take out such license, or
consenting or allowing such performances without first taking
out the same, and every owner or lessee of any building in said
city, who shall lease or let out the same for the purpose of being
occupied as such theatre, or circus, or building for exhibiting
theatrical or equestrian performances, or shall assent that the
same be used for the purposes aforesaid, and the same shall
have been so used by any manager or proprietor thereof who
shall not have  previously  obtained  such license, shall be
subjected to a penalty of five  hundred  dollars  for every
such neglect or omission; which penalty the society for the
reformation for juvenile delinquents in said city are authorized,
in the name of the people of this state, to prosecute, sue for,
and recover, for the use of said society.
SEc. 2. The said mayor is hereby authorized to grant licenses icensesfor
for said theatrical and equestrian performances for any term less than  year.
than one year; and, in any case where such license is for a term
of three months, or less, the said mayor is hereby authorized to
commute for a sum less than said five hundred dollars, but in no
case less than two hundred and fifty dollars for a theatre, or one
hundred and fifty dollars for a circus.
SEc. 3. Upon granting every such license authorized by this Amount of
act, or the act hereby amended, the said mayor shall receive  d.n topa
fiom the person to whom the same shall be granted the amount
of said license; which amounts, as respectively received by him,
shall be paid over to the treasurer of the society for the reformation of juvenile delinquents in the city of New York, for the
use of said society.
SEC. 4. In case any manager or proprietor of any theatre, Penalty for
circus, or building, garden or grounds, for exhibiting theatrical octing wise.
or equestrian performances, shall open, or advertise to open, any
theatre, circus, or building, garden or grounds, for any such exhibition or exhibitions in said city, without first having obtained
a license therefor, as is provided for by this act, or by the act
hereby amended, it shall and may be lawful for the said society
for the reformation of juvenile delinquents in the said city to
apply to the chancellor of this state, or the vice-chancellor of
the first circuit, for an injunction to restrain the opening thereof,
until they shall have complied with the requisition of this act,
and the act hereby amended, in obtaining such license, and also
complying with such order as to costs, as the said chancellor or
vice-chancellor may deem  just and proper to make; which injunction may be allowed upon a bill or petition, to be exhibited
in the name of the said society, in the same manner as injunc



968              ACTS RELATING TO THE CITY OF NEW  YORK.
tions are now usually allowed by the practice of the court of
chancery.
unctieon  SEC. 5. Any injunction allowed under this act may be served
^ho to be by posting the same upon the outer door of the theatre, or
circus, or building wherein such exhibitions may be proposed to
be held; or, if the same shall be in a garden or grounds, then
by posting the same at, or on, or near the entrance way to
any such place or exhibition; and in case of any proceeding
against the manager or proprietor of any such theatre, circus,
or building, or garden or grounds, as aforesaid, it shall not be
necessary to prove the personal service of the injunction, but
the service hereinbefore provided shall be deemed and held sufficient.
Sections re-  SEC. 6. The fourth and  fifth  sections of the act hereby
pealed. 
amended are repealed.
Actto take  SEC. 7. This act shall take effect immediately.
IS59.-CHAPTER  XLVIII.
AN ACT in relation to the Theatres in the City of New York. —
Passed March 18, 1859.
The Pcople of the State of New York, reprcsented in Senate and
Assembly, do enact as follows:
SEC. 1. It shall not be lawful for any owner, lessee, manager,
agent, or officer of any theatre in the city of New  York, to
admit to any theatrical exhibition, held in the evening, any
minor under the age of fourteen years, unless such minor is
accompanied by, and is in the care of, some adult person.
SEc. 2. Any person violating the above provision shall be
guilty of a misdemeanor, and shall be liable to a fine, not less
than twenty-five dollars, nor more than one hundred dollars, or
imprisonment for a term not less than ten, nor more than ninety
days for each offense.
SEC. 3. All moneys recovered under the provisions of this act
for fines shall be paid over to the treasurer of the society for
the reformation of juvenile delinquents in the city of New York,
for the benefit of such society.




PLACES OF AMUSEMENT.                             969
1860.-CHAPTER DI.
AN ACT to Preserve the Public Peace and Order on thefirst day of
the week, commonly called Sunday. -  Passed April 17, 1860,
" three-fifths being present."
The People of the State of New  York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. It shall not be lawful to exhibit,, on the first day of No exhibi
the week, commonly called Sunday, to the public, in any build- given on
ing, garden, grounds, concert room, or other room  or place Sunday
within the city and county of New York, any interlude, tragedy,
comedy, opera, ballet, play, fiarce, negro minstrelsy, negro or
other dancing, or any other entertainment of the stage, or any
part or parts therein, or any equestrian, circus, or dramatic performance, or any performance of jugglers, acrobats, or ropedancing.
SEC. 2. Any person offending against the provisions of this Persons ex
hibiting    or
law, and every person aiding in such exhibition, by advertise- leasing to
others to exment, or otherwise, and every owner or lessee of any building, hibit, guilty
part, of a building, ground, garden, or concert room, or other oeanoriSdOroom or place, who shall lease or let out the same for the purpose of any such exhibition or performance, or assent that the
same be used for any such purpose, if the same shall be used for
such purpose, shall be guilty of a misdemeanor, and in addition
to the punishment therefor provided by law shall be subjected
to a penalty of five hundred dollars, which penalty the society
for the reformation of juvenile delinquents in said city are
hereby authorized, in the name of the people of this state, to
prosecute, sue for, and recover for the use of said society; in
addition to which every such exhibition or performance shall of
itself forfeit, vacate, and annul, and render void and of no effect,
any license which shall have been previously obtained by any
manager, proprietor, owner, or lessee, consenting to, causing, or
allowing, or letting any part of a building for the purpose of
such exhibition and performance.
SEC. 3. This act shall take effect immediately.
1862.-CHAPTER CCLXXXI.
AN ACT to Regulate Places of Public Amusement in the Cities and
Incorporated Villages of this State.-Passed April 17, 1862,
" three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact asfollows:
SEC. 1. It shall not be lawful to exhibit to the public in certain
any  building, garden or grounds, concert room, or other fomdent
0                                     ~~~~~~~~~~~~~~~~~~~forbidden




970               ACTS RELATING TO THE CITY OF NEW YORK.
c'utse.   place or room  within the city of New York, any interlude,
tragedy, comedy, opera, ballet, play, farce, negro minstrelsy,
negro or other dancing, or any other entertainment of the
stage, or any part or parts therein, or any equestrian circus,
or dramatic performance, or any performance of juggler, or
rope-dancing, acrobats, until a license  for such  exhibition
shall have been  first had and obtained pursuant to and at
the same rate provided for theatrical performances in an act
entitled " An act to amend an act, entitled'An act to create
a fund in aid of the society for the reformation of juvenile
delinquents in  the  city of New  York, and for other purposes,' passed February 1, 1839;" and every manager or proprietor of any such  exhibition  or performance, who shall
neglect to take out such license, or consent to, cause, or allow
any such  exhibition  or performance, or any single one of
them  without such license, and every person  aiding in such
exhibition, and every owner or lessee of any building, part
of a building, garden, grounds, concert room, or other room
or place, who shall lease or let the same for the purpose of
any such exhibition or performance, or assent that the same
be used for any such purpose, except as permitted  by such
license, and without such license having been previously obtained and then in force, if the same shall be used for such
Penalty.   purpose, shall incur the penalties and be subjected to the proceedings for an injunction provided for by the other provisions
contained in the said act, which penalty the society for the
reformation of juvenile delinquents in said city are hereby
authorized to prosecute, sue for, and recover, for the use of the
said society, in the name of the people of the state of New
York.
llinpgr   SEC. 2. It shall not be lawful to sell or furnish any wine,
hiited.   beer, or strong or spirituous liquors to any person in the auditorium  or lobbies of such place of exhibition or performance
mentioned in the first section of this act, or in any apartment
connected therewith, by any door, window, or other aperture;
nor shall it be lawful to employ or furnish or permit or assent
And female to the employment or attendance of any female to wait on or'aiters   attend in any manner or furnish refreshments to the audience or
spectators or any of them, at any of the exhibitions or performances mentioned in the first section of this act, or at any
other place of public amusement in the city of New York.
In  certain  SEC. 3. No license shall be granted for any exhibition or pernAS OSI 110   Ii.
coso given. formance given in violation of the second section of this act, and
any and every exhibition or performance, at which any of the
provisions of the second section of this act shall be violated,
in certain shall of itself vacate and annul, and render void and of no effect,
cases, annulled.    any license which shall have been previously obtained by any
manager, proprietor, owner, or lessee consenting to, causing, or




PLACES OF AMUSEMENT.                               971
allowing, or letting any part of a building for the purpose of
such exhibition and performance; and any license provided for
by the first section of this act may be revoked and annulled by the n  ertain
officer or officers granting the samie, upon proof of a violation of oked.
any of the provisions of this act; such proof shall be taken before
such officer, upon notice of not less than two days, to show
cause why such license should not be revoked; said officer shall
hear the proofs and allegations in the case, and determine the
same summarily, and no appeal shall be taken, or review be
had, from  such determination; and any person whose license
shall have been revoked or annulled, shall not thereafter be
entitled to a license under the provisions of this act.  On any
examination before an officer, pursuant to a notice to show
cause as aforesaid, the accused party may be a witness in his
own behalf.
SEC. 4. Any person violating any of the provisions of this act, Violtie^o  o
_UV~ I~ ~LIJ  JIVI)I~VL.'LVUIVII~  ~VrrJ VCVilv r~V  IN~vrr, VI rr~~~ ~UVV  act misdeor employing, or assenting to the employment, or attendance of mea*
of any person contrary to the provisions of this act, shall be
deemed guilty of a misdemeanor, and, upon conviction, shall be
punished by imprisonment in the penitentiary for a term  not Penlt.
less than three months, nor more than one year, or by a fine not
less than one hundred  dollars, nor more than five hundred
dollars, or by both such fine and imprisonment.
SEc. 5. It shall be the duty of every chief of police, sheriff, Dty ofchief
deputy sheriff, constable, captain of police, policeman, and every other ofother police officer, to enter at any time said places of amusement, ir
and to arrest and convey any person or persons violating any
provision of this act, forthwith, before any police justice, or
recorder, or magistrate having jurisdiction in said city, there
to be dealt with according to law.
SEC. 6. The provisions of this act shall apply to all the cities Apliedt to
all cities and
and incorporated villages of this state, but the/ license to be incorporated
obtained in every city or incorporated village, other than the vilag
city of New York, shall be issued under such terms and under
such regulations as the municipal authorities of the said cities
or villages may respectively prescribe; and the fines and penal- Overseers of
z~~~~~~~~~~~~~~~~~~n ^'^  -^ ^  -{n''  the poor and
ties for any violation of any of the provisions of this act in such other officers
other cities or inlcorporated villages respectively, other than as penaltie. 
mentioned in section four ot this act, shall be sued for and
recovered in the name of the overseer of the poor of such city,
or incorporated village, or the town in which such incorporated
village is situate, or such other officer as the municipal or village
authorities thereof may direct, for the benefit of the poor thereof.
SEc. 7. This act shall take effect immediately.




PILOTS.
1847.-CHAPTER LXIX.
AN ACT concerning the Pilots of the Channel of the East River,
commonly called Hell Gate-Passed April 15, 1847, " threefifths being present."
The People of the State of New Yorkl, represented in Senate and
Assembly, do enact as follows:
piet Gate    SEC. 1. There shall be appointed, in manner hereinafter
directed, fit and proper persons to act as pilots, for the safe
pilotage of vessels through the channel of the East River commonly called Hell Gate, who shall be known as Hell Gate pilots,
and hold their offices during good behavior, and all those who are
now pilots by the way of Hell Gate shall be considered as pilots
under this act.
To be commissioned on SEC. 2. All pilots hereafter to be appointed shall be appointed
rtioofend by the governor, by and with the consent of the senate, and
wardens.  shall be commissioned by the governor, in like manner as all
other persons appointed to office by him, with the consent of
the senate. It shall be the duty of the board of wardens of
the port of New York to recommend such suitable and experienced persons to act as such pilots as shall apply for such
recommendation, and to make a list of the person or persons so
recommended, which list shall be transmitted to the governor
of the state, whose duty it shall be to present the same to the
senate, for their confirmation or rejection. And in making the
selection of names for said list they shall be chosen, first, from
those now acting as deputy pilots; and secondly, from those
now acting as apprentices, who have served the time required
by their indentures of apprenticeship, and who have passed or
shall pass the necessary examination, and shall have acted for
two years as deputy pilots; and thirdly, from those who are
now apprenticed, after they shall have served the time required
by their indentures, passed the requisite examination, and acted
topserve  for two years as deputy pilots.  All apprentices shall hereafter
three years. serve as such for the period of three years, and until they attain
the age of twenty-one years, and shall act two vears in addition
as deputy pilots after that period, and after they have passed
the requisite examination, and received from  the board of wardens a certificate entitling them to serve as such deputy pilots;




PILOTS.                                  973
all apprentices shall hereafter be examined twice during the last
year of their apprenticeship, before the board of wardens of the
port of New  York, whose duty it shall be to examine said
apprentices, in the presence of at least two of the Hell Gate
pilots, who shall be invited to attend at and assist in said examination, and the indentures of all apprentices under this act shall
be filed in the office of the board of wardens within ten days
after the same shall have been executed.
SEC. 3. The board of wardens of the port of' New York  rdlih to
shall have power and authority to make and establish such rules, rules.
orders, and regulations, not inconsistent with the constitution
and laws of this state, or of the United States, or of the provisions of this act, for the better government of said pilots; and
with such fines and penalties for the breach thereof as the said
board of wardens may firom time to time direct, and to revoke,
annul, or alter the same as often as they deem  proper and
expedient; said board of wardens shall have such rules, orders,
and regulations entered at length upon the minutes of said
board, and shall furnish to each of said pilots a copy of said
rules, orders, and regulations, and shall furnish each of said
pilots with a copy of any additional rule, order, or regulation,
or of any abrogation, alteration, or amendment thereof.
SEC. 4. Said board of wardens shall have cognizance of all To have cognizanco    of
complaints made against any or either of said pilots for official complaints.
misconduct.  Upon the reception of any complaint, as aforesaid, against either of said pilots, it shall be the duty of said
board of wardens to furnish the pilot complained of with a copy,
in writing, of said cause ofcomplaint; which copy shall contain, as
near as may be, a full specification of the charges preferred against
said pilot, with a notice affixed thereto of the time (not less than
six days) and place where they, the said board of wardens, may
or shall require said pilot to appear before said board, to answer
the charges made against him; but no charges shall be received
unless the same is verified by the oath of the person preferring
the same.  Upon said pilot appearing before the board of wardens, it shall be their duty to take testimony and to examine
into the facts and circumstances of the case, and if, after a full
hearing of the case, and of competent proof, tending to establish
said charge, a majority of the whole board of wardens shall
deem said pilot guilty of official misconduct, they, the said board
of wardens, shall have full power and authority to suspend said
pilot.  It shall be the duty of said board of wardens to transmit
to the governor of this state, within ten days after such suspension, a full account of their proceedings in the premises, with a
copy of the complaint and specifications, and also a copy of the
testimony taken in the case.  It shall be the duty of the
governor, upon a review of the whole matter, either to remove
the said pilot from office, or to annul or confirm his suspension,
as to him shall appear just and proper in the premises.




974              ACTS RELATING TO THE CITY OF NEW YORK.
kees two or  SEC..  It shall be the duty of the said pilots to keep two or
more deck more good and sufficient deck boats, of not less than twenty tons
burthen, on the East River, and no more than seven pilots shall
be interested in one deck boat, and no apprentice shall be taken
by the said Hell Gate pilots, but in the said deck boats; and no
person, who is not a regularly licensed Hell Gate pilot, shall ovwn
any part of any boat engaged in the said pilot business, under
pain of a forfeiture of such parts or shares owned by him, to be
sued for and recovered by the said board of wardens; and all
deck boats belonging to said Hell Gate pilots shall be registered
in the office of the said board of wardens.
Rate of pilot- SEC. 6. It shall be lawful for any such pilot to demand and
age to be
harged.  receive, from any person who shall employ any of them to pilot
any vessel of the burthen of ninety-five tons and upwards, or
from the consignee or owner of said vessel, from the eastward of
Sand's point or Execution rocks, or take charge of any such
vessel at or to the eastward of Sand's point or Execution rocks,
and pilot her to the port of New York, or to pilot her from the
port of New York to Sand's point or Execution rocks, for every
vessel one dollar and fifty cents for each and every foot of water
such vessel may draw; and from the eastward of Hell Gate to the
port of New York one dollar for each and every foot of water
such vessel may draw; and for pilotage from the port of New
York to the eastward of either of the before mentioned points or
places they shall be entitled to receive the same compensation as is above provided, when the said vessel is bound to
the port of New York. And every pilot shall, for such services, be
entitled, in addition to the above mentioned rates of compensation,
to demand and receive the further sum of twenty-five cents for
each and every foot of water which any square-rigged vessel may
draw, which they shall pilot to or firom the port of New York;
and every such pilot who shall have piloted any ship or vessel
into the port of New York, by the way of Iell Gate, shall be entitled to a preference in piloting the said ship or vessel out of
the said port on the next outward voyage of the said ship or
vessel, if the said voyage be by the way of Hell Gate.  And
further, from the first day of November to the first day of April
in every year, every such Hell Gate pilot shall be entitled to demand and receive for every ship, barque, or brig, the sum of two
dollars, and for every schooner or sloop the sum of one dollar, in
addition to the rates of compensation for pilotage hereby established. And every master or commander of any vessel who shall
give to such Hell Gate pilot an untrue account of the draft of
water or tonnage of his vessel shall forfeit and pay the sum of
twenty-five dollars, to be sued for and recovered by the said
board of wardens.
Rights of    SEC. 7. Any of said Hell Gate pilots, who shall first tender his
pilot first
tenderinghis services, may demand and receive from  the master, owner, or
services.




PILOTS.                                  975
consignee of any vessel of the burthen of ninety-five tons and upwards, navigating the said channel of Hell Gate, to whom he
shall have tendered his services as a pilot, and by whom the same
shall be refused, whether inward or outward bound, one-half
pilotage for every foot of water such vessel may draw, which halfpilotage shall be the one-half of the rates of compensation established by the sixth section of this act.  But such half-pilotage
shall not be chargeable to any vessel under ninety-five tons
burthen, sailing under a coasting license, and shall not be
chargeable more than once for the same passage to any vessel.
And in case any such vessel under ninety-five tons burthen,
navigating the said channel to or from the port of New York,
shall make the usual signal for a'pilot, and shall refuse to
receive on board or employ such pilot, when he shall have
tendered his services, then the master, owner, or consignee of
such vessel shall pay to such Hell Gate pilot such half-pilotage
from  the place at which such pilot shall have so offered his
services.
And any pilot who shall pilot any government vessel through
the said channel shall be entitled to receive the same compensation therefor as is now  provided by law for like services, in
piloting such vessel to or from  the port of New York, by the
way of Sandy Hook.
SEc. 8. The master, owner, or consignee of any ship or ves- Allowce
for extra
sel, to whom any Hell Gate pilot shall have rendered, upon the services.
request of the master of said ship or vessel, any extra services
for the preservation of said ship or vessel while in distress, shall
pay to said pilot, in addition to the compensation set forth in
the sixth section of this act, such amount for extra services as
the board of wardens shall determine to be a reasonable reward;
and for every day which any Hell Gate pilot shall be detained on
board any ship or vessel over and above twenty-four hours, he
may demand and receive from the master, owner, or consignee
of said vessel, two dollars a day for each and every day he shall
be so detained.
SEC. 9. If any person, other than a Hell Gate pilot, shall pilot None but
Hell Gate
or tow for any other person any vessel of any description, or pilots toon
board such vessel for that purpose, except barges, vessels of less thYoug H
than twenty-five tons burtheni, and canal boats, actually used in Gate.
navigating the canals, or shall offer to pilot or tow any such
vessel in the channel of the East River, commonly called Hell
Gate, without the aid of a branch pilot on board, he shall forfeit
and pay the sum of thirty dollars for every such offense, to be
sued for and recovered by the board of port wardens of the port
of New York, for the benefit of the Hell Gate pilots, and shall
also be deemed guilty of a misdemeanor, and, on conviction
thereof, shall be punished for such offense; but nothing in this
act shall be construed to prevent one of the crew of the vessel




976               ACTS RELATING TO THE CITY OF NEW  YORK.
from piloting said vessel through the aforesaid channel, nor impair or affect the seventh section of the act hereby amended.
(As amended by ch. 64, Laws of 1860.)
SEC. 10. This act shall not be construed to apply to steamboats.
SEC. 11. All acts or parts of acts as are inconsistent with the
provisions of this act shall be, and the same are hereby, repealed.
1S53.-CHAPTER  CCCCLXVII.
AN A C T entitled " An Act to Provide for the Liccnsing and Government of the Pilots, and Regulating Pilotage of the Port of New
York." —Passed June 28, 1853.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
cIoard of  SEC. 1. There shall be, in the city of New  York, a board,
orsn. entitled " The Board of Commissioners of Pilots," consisting of
five persons, to be elected as soon as convenient after the passage of this act, and to hold their offices, respectively, for two
years from  the time of their election, and until others shall be
elected.
Three com-  SEC. 2. Three of such commissioners shall be elected by the
missioners to
be electedby members of the Chamber of Commerce of the city of New York,
Chamber of at a meeting to be called for the purpose, to be specified in the
Commerce.  
notice for the meeting  and the certificate of the secretary of
that body, or other officer regularly performing his duties for
the time being, shall be primafacie evidence of such election.
Twocommis-  SEC. 3. Two other of such commissioners shall be elected by
loners to be the presidents and vice-presidents of the marine insurance colnelected by
Pdsident  panies of the city of New  York, composing or represented in
president of the board of underwriters of said city, at a regularly convened
the marine
insurance  meeting of such board, on the notice of their secretary, stating
New York. that the election of commissioners will take place, or of some
member of the board, by them  duly authorized, given in writing, at least one day before the election, stating that the election of commissioners will take place, and delivered at the
office of such company.  Each insurance company represented
at such meeting shall be entitled to one vote, and the certificate of the secretary of such board, or of any officer acting in
his stead, shall be. sufficient primafacie evidence of an election.




PILOTS.                                  977
SEC. 4. Upon the expiration of the term  of office of any lectlo  I
commissioner or commissioners, or within thirty days prior cncy o
thereto, and upon any vacancy occurring by death, resignation, ers.
removal from the state, or other cause, another election for the
term of two years shall be made by the same class of persons
or authority as that which made the election to the office so
expiring or becoming vacant.
SEC. 5. Each commissioner, before entering upon the duties'co.f
of his office, shall take the usual oath of office before an officer
authorized to administer oaths, which oath or affirmation shall
be filed, without delay, in the office of the clerk of the city and
county of New York.
SEC. 6. The commissioners shall appoint a secretary, who Secrtary.
shall take, a like oath, to be filed in like manner as provided in
section five; and they may remove him at any time and appoint
another, and shall prescribe his duties and compensation.
SEC. 7. The board shall establish an office in some convenient sootabelibe
and proper place in the city of New York, where the commissioners shall meet on the first Tuesday of every month, and as
much oftener, by adjournment, or upon a notice given by any
one of them, or by the secretary, as circumstances may require.
SEc. 8. The commissioners shall require their secretary, in ruiofsec
person or by deputy, to be in daily attendance at their office on
all ordinary business days, during reasonable office hours, and
shall cause to be kept by him a proper book or books, in which
shall be written all the rules and regulations made by them, and
all their official transactions and proceedings, and whatever else
may be deemed by them  proper and useful, and immediately
pertaining to their duties or to the pilot service. They shall
also cause to be kept, by their secretary, a register of the names
and places of residence of all the pilots who may be licensed by
virtue of this act, with the dates of their licenses respectively,
and such books may be inspected by any person interested.
SEC. 9. [Amended by sec. 1, chap. 196, Laws of 1854, to read Comlise
as follows:] The commissioners, or a majority of them, shall, pilots.
with all convenient speed, proceed to license, for such term as
they may think proper, so many pilots as they may deem necessary for the port of New York; and such commissioners may
specify in such licenses different degrees of qualifications, appropriate to different parts or branches of duty, according to the
competency of the applicant. No license shall be granted to
any person holding any license or authority from or under the
authority or laws of any other state, and the said commissioners,
or a majority of them, shall have the power and authority to
revoke and annul the license of any person so licensed by them
62




978              ACTS RELATING TO THE CITY OF NEW  YORK.
to act as pilot, who shall not be attached to a boat approved of
by said board, or who shall be guilty of any intoxication or other
misconduct while on duty.
into abe   SEC. 10. It shall be the duty of the said commissioners, before
made before they shall grant a license to any person applying therefor to act
granting  li- J. &.               rJ
bceseO.    as a pilot in pursuance of this act, within one week thereafter to
call such applicant before them, and in presence of one or more
of the pilots of the said port, licensed to pilot vessels to and
from the said port bythe way of Sandy Hook, who shall be
notified to attend for the purpose, and who are hereby required
to attend andl assist in such examination; or, in case of the nonattendance of the pilot or pilots who shall be so notified to attend for that purpose, then, without the presence or assistance
of any licensed pilot, to examine, or cause to be examined, such.
applicant, touching his qualifications for the office of a pilot,
and in particular, touching his knowledge of the sailing and
management of a square-rigged vessel, and also touching his
knowledge of the tides, soundings, bearing, and distances of the
several shoals, rocks, bars, and points of land, and night lights,
in the navigation for which he applies for a license to act as a
pilot, and touching any other matter relating thereto, which the
said commissioners may think proper.  And if, upon examination, the person so applying shall be found to be of good moral
character and temperate habits, and to be possessed of sufficient
ability, skill, and experience to act as a pilot, and not otherwise,
the said commissioners may grant him  a license for piloting
vessels to and fiom the port of New York, by the way of Sandy
Hook.
Recogni-   SEC. 11. The commissioners, before granting licenses, shall
in.     require all pilots to enter into recognizance to the people of this
state, with two sureties, to be approved by such commissioners,
or a majority of them, each in a penalty not exceeding five
hundred dollars, conditioned that the pilot shall diligently and
faithfully perform his duties as pilot, and observe the rules and
regulations and decisions of the board; and every such recognizance shall be prosecuted in the name of the people of the.state of New York, by or in behalf of the commissioners, provided a majority of them shall so instruct, and if any amount be
collected in such suit, it shall be paid to the said commissioners,.alnd they may direct the same to be applied for purposes as expressed in section twenty-three.
Regulation    SEC. I2. [Amended by sec. 2, chap. 196, Laws of 1854, so as
of pilot boats
and piotage.O read as follows:] The said commissioners shall have the
power to regulate the stationing of pilot boats for the purpose
of receiving pilots from outward bound vessels, and may alter
or amend any existing regulations for pilots, and make and duly
promulgate and enforce new rules or regulations, not inconsist



PILOTS.                                 979
ent with the laws of this state or of the United States, which
shall be binding and effectual upon all pilots licensed by them,
and upon all parties employing such pilots. They may declare
and enforce forfeitures of pilotage upon any mismanagement or
neglect of duty by the pilots licensed by them; they may declare and impose and collect fines and penalties, not exceeding
two hundred and fifty dollars fbr each offense, to prevent any of
the pilots licensed by them  from combining injuriously with
each other or with other persons, and to prevent any person
licensed by them from acting as a pilot during his suspension or
after his license may be revoked; and the said commissioners
may establish and enforce all other needful rules and regulations
for the conduct and government of the pilots licensed by them,
and the parties employing them, and they may enforce and receive accounts of all moneys collected for pilotage by the pilots
licensed by them, and may impose and collect from such pilots
a sum not exceeding three per cent. on the amount thereof, to
defray their necessary expenses, including clerk hire and office
rent.
SEC. 13. [Amended by sec. 3, chap. 196, Laws of 1854, so as Fees on Into read as follows: The fees for piloting are hereby established vessels.
as follows.,
For every merchant vessel, inward bound, and not exempted
from pilotage by virtue of these regulations, drawing less than
fourteen feet of water, two dollars and forty-four cents per
foot.
For every vessel drawing fourteen feet, and less than eighteen
feet of water, three dollars and six and one-quarter cents per
foot.
For every vessel drawing eighteen feet, and under twenty-one
feet of water, three dollars and sixty-nine cents per foot.
For every vessel drawing twenty-one feet of water, and upward, four dollars and thirty-one and a quarter cents per foot.
If the masters or owners of any vessel shall request the pilot to
moor said vessel at any place within Sandy Hook, and not to be
taken to the wharf or harbor of New York, or the vessel to be detained at quarantine, the same pilotage shall be allowed, and the
pilot entitled to his discharge.
For piloting national armed vessels of the United States, and
also those of foreign nations, five dollars per foot.
When any ship or vessel, bound to the port of New York, and
boarded by any pilot appointed by this board at such distance to
the southward or eastward of Sandy Hook light-house as that said
light-house could not be seen from the deck of such ship or vessel
in the daytime and in fair weather, the addition of one-fourth to




980              ACTS RELATING TO THE CITY OF NEW YORK.
the rates of pilotage hereinbefore mentioned shall be allowed to
such pilot.
Fees on outward bound  SEC. 14. [Amended by sec. 4, chap. 196, Laws of 1854, so as to'vessels   read as follows:] The pilotage on merchant vessels outward
shall be as follows:
For every vessel drawing less than fourteen feet of water, one
dollar and eighty-one cents per foot.
For every vessel drawing fourteen feet, and less than eighteen
feet of water, two dollars and twelve and a half cents per foot.
For every vessel drawing eighteen feet, and less than twentyone feet of water, two dollars and seventy-five cents per foot.
For every vessel drawing twenty-one feet of water, and upwards, three dollars and eighteen and three-fourth cents per foot.
Rates of pi-  SE. 15. The rates of pilotage for any intermediate distance
shall be determined by the board of commissioners, and promulgated in their rules and regulations for the government of
pilots.
Addition to  SEC. 16. Between the first day of November and the first
ul piog. day of April, inclusive, four dollars shall be added to the full
pilotage of every vessel coming into, or going out of, the port of
New York.
Forfeiture    SEC. 17. For every day of detention in the harbor of an outward bound vessel after the services of a pilot have been required and given, except detention shall be caused by such
adverse winds and weather that the vessel cannot get to sea;
and for every day of detention of an inward bound vessel by
ice, longer than two days for passage from  sea to wharf, three
dollars shall be added to the pilotage. If any pilot shall be
detained at quarantine or elsewhere by the health officer for
being or having been on board a sickly vessel as pilot, the
master, owner, or agent, or consignee of such vessel, shall pay
to such pilot all necessary expenses of living, and three dollars
per day for each and every day of such detention. (As amended
1857, ch. 243.)
Pilotage,  SEC. 18. The pilotage shall be payable by the master, owner,
consignee, or agent entering or clearing the vessel at the port
of New York, who shall be jointly and severally liable therefor.
ay of ptilots,  SEC. 19. A pilot, who is carried to sea when a boat is attendto.ar.  Ing to receive him, shall receive at the rate of one hundred dollars per month during his necessary absence.
Masters of    SEC, 20. Masters of vessels shall give an account to the pilot
tt   when boarding, of the drught of such vessels  and in case the'ouut to pi. when boarding, of the draught of such vessels; and in case the
lots.




PILOTS.                                 981
draught given is less than the actual draught, he shall forfeit
the sum  of twenty-five dollars, which may be sued for and
recovered by the commissioners, as is hereinafter provided in
section twenty-eight, in respect to other fines and penalties.
Pilot's fees
SEC. 21. For services rendered by pilots in moving or trans-for removing
porting vessels in the harbor of New York the following shall be, ng tvse.
the fees: For moving from North to East river, or vice versa, if a
seventy-four gun ship, twenty dollars; if a sloop-of-war, ten dollars; if a merchant vessel, five dollars-except such vessel shall
have arrived from sea, or is ready for and bound to sea on the
day such services for transportation are rendered, but if the
services are rendered thereafter, such payment shall be made.
For moving any vessel from the quarantine to the city of New
York, one quarter of the sum that would be due for the inward
pilotage of such vessel.  For hauling any vessel fiom the river
to a wharf, or from a wharf into the river, three dollars, except
on the day of arrival or departure of such vessel. (As amended,
ch. 243, Laws of 1857.)
SEC. 22. It shall be the duty of the commissioners, out of any Rewards.
funds which may be obtained, to provide rewards, to encourage
the prompt relief of disabled vessels, and the speedy report of
the same, and generally to encourage not only the energetic performance of duty, but benevolent and praiseworthy efforts to
relieve vessels and passengers from distress or suffering.
SEC. 23. [Amended by sec. 6, chap. 196, Laws of 1854, so as Pilots may
to read as follows:] The commissioners shall have power and d.Sued
authority, at any time, to suspend any pilot so licensed, for any
period they may think proper, and also to revoke and annul any
license which shall have been granted, upon satisfactory proof
of negligence or carelessness on the part of such pilot, or of willful dereliction of duty, or of willful disobedience of any lawful
rule or regulation duly made and promulgated by said commissioners; but the pilot or pilots so suspended may, at any time,
upon due notice, appeal to the commissioners for a rehearing of
their case, and the commissioners shall have power to confirm
or reverse the previous act or decision of the said board.
SEC. 24. It shall be the duty of the commissioners to hear and Commissionexamine all complaints duly made in writing against any pilot eaLd eam
licensed by them, or against any person connected with a boat COmP'LUts.
of such pilot, for any misbehavior or neglect of duty, or breach
of their rules or regulations, that shall appear to them material
to be investigated; and also all complaints made in like manner
by any licensed pilot against any master, owner, or seaman of a
vessel, for any misbehavior towards such pilot in the performance of his duty, or any breach of such rules or regulations.




982               ACTS RELATING TO THE CITY OF, NEW  YORK.
Before com-  SEC. 25.  efofore any person shall be proceeded against on any
plaint or suspension, er- complaint, and before any pilot be suspended longer than for one
sons must be     
notified.   month, or be removed, such person or pilot shall be notified, in
writing, signed by the secretary, to appear before the commissioners, specifying the nature and substance of such complaint,
which notice shall be served, personally, at least five cays before
the time fixed for appearance, and the commissioners, for just
cause, shall postpone or adjourn the hearing, from time to time;
a certificate of such commissioners, or -of a majority of them,
with proof of such service of notice, shall be priima facie, but not
conclusive evidence that the party upon whom the notice was
served, and a fine or penalty thereupon imposed, is liable to pay
such fine or penalty.
Subpnas.  SEC. 26. The secretary, under the supervision of the commissioners, shall, at the instance either of the complaining or defenling party, issue subpoenas for compelling the attendance of witnesses to testify before the commissioners, in all cases in which
the power to hear and examine is conferred by this act; and it
shall be the duty of the commissioners to examine all such witnesses on oath, to be administered by them, as shall appear to
them to give material testimony; and each person subpoenaed
as a witness shall be entitled to the like compensation from the
party requiring his attendance, and be subject to the like penalties and punishments for disobedience, or for false swearing, as
in civil suit at law in a court of record.
Fines or pen-  SEC. 27. All pecuniary fines or penalties, imposed by the said
alties, howp
to be sued commissioners by virtue of this act, may be sued for in the name
of the " Board of Commissioners of Pilots," and the notice and
certificate, given as aforesaid, may be set forth in pleading,
without setting forth other facts or circumstances.  The decision of a majority of the commissioners shall be conclusive upon
all questions arising under this act, except as hereinbefore provided.  In case of an omission to fill any vacancy in the board
of commissioners for one month, the remaining two or three
commissioners (as the case may be) shall have authority to perform all the duties of the commissioners for the time being.
Secretary  SEC. 28. It shall be the duty of the secretary, and his clerks,
and clerks.
if any, when not employed under the foregoing provisions of
this act, to aid the licensed pilots in keeping their accounts of
pilotage, and in collecting the same, if desired, and in keeping
a register of calls for pilots.
Masters of  SEC. 29. No master of a vessel under three hundred tons
vessels.
burthen, belonging to a citizen of the United States, and licensed
and employed in the coasting trade, by the way of Sandy Hook,
shall be required to employ a licensed pilot; but in case the




PILOTS.                                  983
services of a pilot shall have been given, the pilot shall be entitled to the rates established by the act of June twenty-eighth,
eighteen hundred and fifty-three.  If the master of any vessel Masters may
above one hundred and fifty, and not exceeding three hundred, cense.
tons burthen, and owned by a citizen of the United States, and sailing under a coasting license to or from  the port of New York,
by the way of Sandy Hook, shall be desirous of piloting his own
vessel, he shall first obtain a license for such purpose from the
commissioners of pilots, who are hereby authorized and required
to grant the same, if such master shall, after an examination
had by said commissioners, be deemed competent; which said
license shall be and continue in force one year from the date
thereof, or until the determination of any voyage during which
the license may expire.  For such license, the master, to whom Fees for Mi.
it shall be granted, shall pay to the said commissioners four cents
perton.  Allmastersof foreign vessels, and vessels from a foreign
port, and all vessels sailing under register, bound to or from the
port of New York, bythe way of Sandy Hook, shalltake alicensed
~.~  ~  ~, 1~~..-.In caso of
pilot; or, in case of refusal to take such pilot, shall himself, refusal.
owners, or consignees, pay the said pilotage, as if one had been
employed; and such pilotage shall be paid to the pilot first
speaking or offering his services as pilot to such vessel.  Any Persons not
person not holding a license as pilot under this act, or under cense.
the laws of the state of New Jersey, who shall pilot, or offer to
pilot, any ship or vessel to or from the port of New York, by the
way of Sandy Hook, except such as are exempt by virtue of this
act; or any master or person on board a steam-tug or tow-boat,
who shall tow such vessel or vessels without such licensed pilot
on board such vessel or vessels, shall be deemed guilty of a mis- Penalty'
demeanor, and, on conviction, shall be punished by a fine not
exceeding one hundred dollars, or imprisonment not exceeding
sixty days; and all persons employing a person to act as pilot,
not holding a license under this act, or under the laws of the
state of New Jersey,. shall forfeit and pay to the board of commissioners of pilots the sum of one hundred dollars. (As amended
by chap. 243, Laws of 1857.)
SEc. 30. This act shall not repeal or in any way affect the pro- Act concerning Hell Gate
visions of the act entitled "An act concerning the pilots of the pilots ot to
channel of the East river, commonly called'Hell Gate,'"baffected
passed April 15, 1847.
SEC. 31. All laws now  in force, and which are inconsistent
with the provisions of this act, are hereby repealed.




984             ACTS RELATING TO THE CITY OF NEW YORK.
1857.-CHAPTER CCXLIII.
AN ACT to amend the Pilot Laws, passed June 28, 1853.-Passed
April 3, 1857.
The People of the State of New York, represented in Senate and
Assembly, do enact as fbllows:
SEC. 1. (Incorporated in act amended.)
SEC. 2. The provisions of this act shall not apply to vessels
propelled wholly or in part by steam, owned or belonging to
citizens of the United States, and licensed and engaged in the
coasting trade.




PORT WARDENS.
857.- CHAPTER  CCCCV.
AN  ACT to reorganize the TWarden's Office of the Port of New
York.-Passed April 14, 1857.
The People of the State of New York, represented in Senate and'Assembly, do enact asjbllows:
SEC. 1. There shall be and hereby is established a board of ^ards
wardens for the port of New York, which shall be called and
known by the name and title of "The Port Wardens of the
Port of New York," and shall be composed of nine members,
one of whom shall be a resident of the city of Brooklyn, three
of whom shall be nautical men, who shall be nominated and by
and with the advice and consent of the senate appointed by the
governor; and they shall annually elect one of their number
president and another vice-president, and the said board of
wardens first appointed under this act shall be divided into
three classes of three wardens each; the term of office of the
first class shall expire at the end of one year; the second class
at the end of two years, and the third class at the end of three
years; all subsequent appointments shall be for the term of
three years, except that any vacancy shall be filled for the residue of the unexpired term; said wardens shall hold their offices
until their successors shall be appointed and duly qualified.
Any warden may be removed for misconduct or neglect of duty, Removal.
at the discretion of the governor, and any warden neglecting or
refusing to perform the duties of his office, or violating the
regulations of the board, after due notice from the board, shall
be liable to suspension by the vote of a majority of the whole
board, and during such suspension said warden shall not be
entitled to participate in the pay and emoluments of said office
unless reinstated by the governor, by and before whom an appeal shall be heard and decided.
SEC. 2. The said board shall have power to appoint a secre- Secretary.
tary and fix his compensation, who shall hold his office during
the pleasure of the board, said compensation to be paid out of
the receipts of the office. It shall be the duty of the secretary
to keep, ia such books as shall be provided for the purpose, a
full, true, and complete record of all their acts, proceedings,
surveys, and reports, and such books shall be open to the public
inspection of any person interested therein; and the said board




986              ACTS RELATING TO THE CITY OF NEW YORK.
of wardens shall have and use a common seal, and each warden
shall have full power and authority to administer oaths, examine
witnesses, and take affidavits concerning the business of said
office, and all willful false swearing under such oaths shall be
deemed perjury and punished accordingly; and the said board
shall also have full power to make such rules and regulations
for their own government and the discharge of their duties
under this act as they may deem  necessary and proper.  They
shall keep an office in the city of New York, at which office a
majority of them and their secretary shall give attendance daily,
(Sundays and public holidays excepted), and shall have the
exclusive right to perform all the duties of port wardens of the
port of New York specified in this act.
Duties of  SEC. 3. It shall be the duty of said board or some one of
wardens.
them, on being notified and requested by any of the parties
in interest, to proceed in person on board of any vessel for
the purpose of examining the condition and stowage of cargo,
and if there be any goods damaged  on board said vessel,
they  shall inquire, examine, and  ascertain  the  cause  or
causes of such  damage and  make  a memorandum  thereof,
and enter the same in full upon the books of the office, and
if after, the  arrival in port of any vessel, the hatches shall
be first opened by any person not a port warden, and the
cargo or any part thereof shall come from  on ship board
in  a damaged  condition, these facts shall be presumptive
evidence that such  damage occurred in consequence of improper stowage.or. negligence on  the part of the persons
in charge  of the vessel, and such  default shall be chargeable to the owner, consignee, master, or other person in
interest (as part owner or master) of said vessel, each and
all of whom  shall be  primarily  liable for such  damage.
And  the said board shall be  exclusive  surveyors  of any
vessel which may have suffered wreck or damage, or which
shall be deemed unfit to proceed to: sea, and shall, examine
the condition of the hull, s, pa   sails, rigging, and all appurtenances thereof, and they shall call to their assistance one
or more carpenters, sail-makers, riggers, shipwrights, or other
person skilled in his profession, to aid them in their examination
and survey, provided such person shall not be interested therein,
and all parties so called shall be sworn and shall each be allowed
a fee of two dollars, to be paid by the persons requiring said
examination.  The said wardens shall specify what damage has
occurred, and record in the books of said office a full and particular account of all surveys held on said vessel; they shall
also be the judges of the. repairs necessary to render said vessel again seaworthy, or for the safety of said vessel and cargo
on the intended voyage.  They shall also have exclusive cognizance of all matters relating to the surveys of vessels and
their cargoes arriving at the port of New York, in distress, or




PORT WARDENS.                              987
damaged in said port of New York, and shall be the judges of
its fitness to be reshipped to its port of destination, or whether
it shall be sold for the benefit of whom it may concern; they
shall also, if called upon so to do, estimate the value or measurement of any vessel when the same is in dispute or libeled, and
record the same in the books' of said office.
SEC. 4. It shall be the duty of said board, or some one of
them, on being notified and requested so to do, by-any of the
parties in interest, to proceed in person to any warehouse,
store, or dwelling, or in the public streets, or on the wharf, and
examine any merchandise, vessels' materials, or other property
said to have been damaged on board of any vessel, and inquire,
examine, and ascertain the cause or causes of such damage, and
make a memorandum  thereof of such property, and record in
the books of said office a full and complete statement thereof;
and it shall be the duty of the said board, when so requested,
to furnish a certificate of any record in the books of said office,
to any party interested therein, upon their paying to the said
board the regular fee for said certificate; all certificates issued
shall be under the seal of said office, and signed by the president or vice-president and secretary, and said certificate shall
be evidence of the existence and contents of such record, in any
court of this state, in all cases of inquiries, examinations, and
surveys, relating to vessels and cargoes on board thereof, as specified in this act; the said board shall give notice to all persons
interested in or having charge of the subject-matter of such
inquiry, examination, or survey, by advertisement in at least
two daily newspapers printed and published in the city of New
York, of the pendency of such inquiry, examination, or survey,
and of the time and place of completing the same, the expense
whereof shall be added to, and paid with, the fee for making
such inquiry, examination, or survey.
SEC. 5. It shall be the duty of said board, or some one of
the members thereof, to attend personally all sales of vessels,
when condemned, vessels' materials, and goods in a damaged
state, which shall be sold at public auction in the port of
New York, by reason of such damage, for the benefit of owners
or underwriters, or for account of whom  it may concern; and
it shall be the duty of auctioneers making such sales to give
due notice thereof to said board before the sale; and all such
sales shall be made by auctioneers, under the direction and by
order of the wardens, for which service they shall be entitled to
receive a commission of one-half of one per cent. on the gross
amount of sales thereof, to be paid to said board of wardens on
demand, by the auctioneer making such sale; and such property shall be exempt from  the payment of auction duties to
the state, and it shall be the duty of auctioneers to make
monthly statements to said board, specifying the total amount of




988             ACTS RELATING TO THE CITY OF NEW YORK.
each day's sale made by them under this act, which statement
shall be filed in said wardens' office, and the wardens, when
required by the owner or consignee thereof, shall certify the
cause of such damage, the amount of such sale and the charges
on the same, all of which shall be recorded in the books of said
office; and the said board of wardens shall be allowed for
each and every survey held on board of any vessel on hatches,
stowage of cargo, or damaged goods, or at any warehouse, store,
or dwelling, or in the public street, or on the wharf, within the
limits of the port of New York, on goods said to be damaged,
the sum of two dollars, and for each and every certificate given
in consequence thereof, the sum of one dollar, and for each and
every survey on the hull, spars, sails, or rigging of any vessel
damaged or arriving at said port in distress, the sum of five dollars; and for each and every certificate given in consequence
thereof, the sum of two dollars and fifty cents; and for each
valuation or measurement of any vessel the sum of ten dollars,
and the compensation and emoluments of said office shall be
divided equally between the said nine wardens composing the
board under this act.
SEC. 6. It shall be unlawful for any person or persons, except
the port wardens duly appointed under this act, to assume to
act as port wardens, or to undertake the performance of any of
the duties prescribed in this act, or pertaining to the said office
of port warden; and it shall be unlawful for any person or persons to employ any other than the legally appointed wardens
for the performance of such duties; and it shall also be unlawful for any person or persons to issue certificates of surveys on
vessels, vessels' materials, or goods damaged, with the intent to
defeat or avoid the provisions of this act; and any person or
persons violating the provisions of this act shall be deemed
guilty of a misdemeanor, and shall forfeit and pay to the wardPenalty for ens a penalty of one hundred dollars for each offense committed, and the said board of wardens or their successors in office
may, in their proper name and title, sue for and recover in any
court in this state having cognizance thereof, their legal fees,
or the penalty of this act, for any violation of the laws appertaining to the duties of the port wardens of the port of New
York.
Special   SEC. 7. The governor shall nominate, and, by and with the
consent of the senate, appoint two special wardens, who shall
reside at quarantine, and whose duty it shall be to act as wardens only in regard to vessels and goods that are actually under
and subject to quarantine detention, and their duties shall not
apply to vessels stopping at quarantine for the purpose only of
visitation by a health officer and not detained.  One of the said
wardens shall be appointed for the term of two years, and the
other and all subsequent appointments for the term  of three




PORT WARDENS.                               989
years. Such special wardens shall make returns in detail, of all
surveys made by them, and of all other duties by them performed, to the wardens' office in the city of New York, within
forty-eight hours after such survey is made or such service performed; and all rules and regulations adopted by the board of
wardens shall apply to and govern said special wardens in discharge of their duties at quarantine.  The special wardens at
quarantine shall be allowed and entitled to receive for each and
every survey or examination made by them the sum of five dollars, and the compensation and emoluments of said office shall
be divided equally between the said special wardens, share and
share alike.
SEC. 8. The said board of port wardens shall keep a full and  Recept.
accurate account of all their receipts and expenditures, and
transmit to the comptroller a true copy thereof annually on the
first Monday of January in each year, and which copy shall be
verified by the oaths of the president and secretary of said board,
and each warden shall append to such account an affidavit. that
he has not taken or received any money or goods as presents,
directly or indirectly, for services as" warden, except the legal
fees.
SEC. 9. Sections one, two, three, four, five, and six, of chapter eighteen of the laws of eighteen hundred and nineteen, and
sections one, two, three, and four, of chapter ninety-three, of
the laws of eighteen hundred and thirty-one, and chapter eightynine of the laws of eighteen hundred and forty-four, and section
nine of chapter sixty-two of the laws of eighteen hundred and
forty-six, and all acts and parts of acts inconsistent with the
provisions of this act are hereby repealed.
SEc. 10. This act shall take effect immediately.




PREVENTION OF FIRES AND
UNSAFE BUILDINGS.
1813.-CHAPTER  LXXXVI.
AN ACT to Reduce several Laus relating particularly to the City
of New York into one Act.-Passed April 9, 1813.
iring gun,  SEC. 73. And be itfurther enacted, That if any person shall fire
etc.,in parts r discharge any gun, pistol, rocket, cracker, squib, or other fireof the city.           y gun, U
work, in any street, lane or alley, garden or other inclosure, or
from any house, or in any other place where persons frequently
walk, to the southward of the fresh water, every such person, for
every such offense, shall forfeit and pay two dollars and fifty cents,
ed adap to be sued for, recovered, and applied as is directed in and by the
pied.    last preceding section of this act, and in case any such offender
Mster an- be a slave, the owner or possessor of such slave shall be answerable
ewerable for
ofrences of in the sane manner as if the act had been done by such owner or
slave.
possessor.
In case of    SEC. 81. And be itfurther enacted, That when any building or
ire, the
Mayor, etc., buildings in the city of New York shall be on fire, it shall be
may order lawful for the mayor, or, in his absence, the recorder of the city,
buildings  to
be pulle   with the consent and concurrence of any two of the aldermen
thereof, or for any three of the aldermen, to direct and order the
same, or any other building which they may deem hazardous, and
likely to take fire, or to convey the fire to other buildings, to be
pulled down or destroyed; and, upon the application of any person interested in such building so pulled down or destroyed, to
the mayor or recorder, or any two aldermen, it shall be their
Damages  duty to issue a precept ibr a jury to inquire of and assess the
sustained
thereby,  damages which the owners of such building, and all persons havhow ascertaied.' ing any estate or interest therein, have respectively sustained by
the pulling down or destroying thereof; which precept shall be
issued, directed, executed, returned, and proceeded upon, and the
proceedings thereon shall take effect, as nearly as may be, in such
manner as by the two hundred and nineteenth section of this
act are directed, in relation to ground taken for purposes therein mentioned: and, the said inquiry and assessment having been
confirmed by the mayor's court, the sums assessed by the said
And to bejury shall be paid by the said mayor, aldermen, and commonalty,
poration toto the respective persons in whose favor the jury shall have asersns Is  sessed the same, in full satisfaction of all demands of such persons respectively, by reason of the pulling down or destroying
such building; and the mayor's court, before whom  any such




PREVENTION OF FIRES AND UNSAFE BUILDINGS.                   991
process shall be returnable, shall have power to compel the attendance of jurors and witnesses upon any such assessment of
damages.
SEC. 82. And be it further enacted, That during the actual Idlifo aundprevalence of any such fire, as aforesaid, it shall and may be law- ons may be
removed
fill for the mayor, recorder, and each of the aldermen of the said from fires.
city, to remove or cause to be removed and kept away from the
vicinity of such fire all idle and suspicious persons, and all persons not fit to be employed, or not actually and usefully employed, in the judgment of the said mayor, recorder, or aldermen, in
aiding the extinguishment of such fire, or in the preservation of
property in the vicinity thereof.
SEC. 83. And be it further enacted, That the sum assessed by Dapmages for
pulling down
such jury, as aforesaid, for any building so pulled down or destroy- buldings in
ed, as aforesaid (the same assessment and inquiry having been to be borne
confirmed by the court), shall, together with the expenses of the cunmilmo
proceedings for such assessment, be borne and defrayed by the
said mayor, aldermen, and commonalty.
ORDINANCES TO PREVENT FIRES.
SEC. 84. And be itjfrther enacted, That the mayor, aldermen, Comn anand commonalty of the city of New York, in common council thorized t
convened, shall, from time to time, and as often as they deem it ancest for
necessary, have power to pass and provide for the due execution guishment
of ordinances, as they may deem proper, for the more effectual tion of fires.
prevention and extinguishment of fires in the said city, and to
compel the attendance of all engineers and firemen, and such
other persons as they may deem  necessary to assist at the extinguishment of fires, and to prescribe the duties required of such
engineers, firemen, and other persons; and also to regulate the
keeping, carting, conveying, or transporting of gunpowder or any
other combustible or other dangerous material, within the bounds
of the said city, and to provide for the forfeiture thereof, if the
same shall be kept contrary to such law; and also to regulate the
use of lights and candles in livery and other stables within the same
city; and also to remove or prevent the construction of any fireplace, hearth, chimney, stove, oven, boiler, kettle, or apparatus
used in any manufactory or business, which may be dangerous
in causing or promoting fires; and also to direct the construction
of deposits for ashes in safe and suitable places, and of materials
secure against fire; and for that purpose to authorize such suitable
officer or officers as they may think proper, and at such reasonable
times as they shall appoint, to enter into and examine all dwelling-houses, lots, yards, inclosures, and buildings of every description within the said city, to examine and discover whether any
danger exists therein, and in order that proper measures may be
taken to provide for the safety of the inhabitants of the neighborhood.




992                ACTS RELATING TO THE CITY OF NEW  YORK.
1838.-CHAPTER CLXXVII.
AN ACT to authorize the Appointment of Commissioners to Investigate the Causes of Fircs in the City of New York.-Passed April
6, 1838.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
one or moro  SEC. 1. It shall be lawful for the common council of the city
commissionersto bep- of New York  to appoint one or more commissioners, not to
pointed.   exceed three in number, to investigate the causes of fires in the
city of New York, who shall hold their offices during the pleasure of said common council, and shall receive such compensation as the mayor, aldermen, and commonalty shall by ordinance
direct.
Theirduty.   SEC. 2. It shall be the duty of such commissioner or commissioners to inquire into and investigate  the causes of all
fires which may occur in the city of New York, as soon as may
be after they occur, and to keep a record of their proceedings
and of the evidence in each case, and to file the same, or a copy
thereof, in the office of the clerk of the common council of the
said city.
Persson may   SEC. 3. It shall be lawful for the mayor, aldermen, and comea to testify monalty of the city of New York to summon and compel the
on oath.
attendance of any person, being in the city of New York, before
the said commissioner or commissioners, to testify upon oath
concerning any fire in said city, under such penalty for non-attendance or refusal to testify as the said mayor, aldermen, and
commonalty shall by ordinance provide and direct; and the said
commissioner or commissioners are hereby authorized to administer such oath.
council,   SEC. 4. Nothing in this act contained shall be construed as
whe to act. compelling the said mayor, aldermen, and commonalty, or the
said common council, to exercise the powers conferred by this
act, except at such time, and for such period or periods, as they
in their discretion shall deem proper; and no such commissioners shall be appointed until one or more of the insurance companies in the said city shall agree to pay to the'said commissioners such sum  or sums as the said common council shall fix for
their compensation, and all expenses attendant and consequent
thereupon.
Proceedings SEC. 5. The proceedings of said commissioners shall at all
tobpubli times be public as those of the courts of justice of this state.




PREVENTION OF FIRES AND UNSAFE BUILDINGS.                      993
1846.- CHAPTER  CCXCI.
AN  ACT in relation to the Keeping of Gunpowder, Saltpetre, and
certain other Substances, in the City of NTew York.-Passed May
13, 1846.
The People of the State of New  York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. [This section amended by sec. 1, chap. 206, of Laws Provis-on
of 1849, to read as follows:] It shall not be lawful for any per- gopowder
son or persons, except as hereinafter provided, to have or keep
any quantity of gunpowder in any one house, store, buildings, or
other place in the city of New York, to the southward of a line
running through the centre of Sixty-second street from. the
North to the East river.
SEC. 2. It shall be lawful for the mayor of the city of New Mayor may
_. _.,   I,.,,7 ^..grant licenYork, under his official seal, to grant licenses to persons de-s  toi sll
sirous to sell powder at retail in the said city of New York. o^d'.
The persons so licensed may have on their premises, if actually
kept there for sale, a quantity of gunpowder not exceeding in all
twelve pounds at any one time, to be put up in tight copper or
tin canisters, containing or capable of containing only one pound
each.  The persons so licensed shall not be protected against
any of the penalties or consequences hereinafter provided for
violations of the first section of this act, except while they have,
on some conspicuous part of the front of each of the houses or
buildings in which they may be licensed to sell powder under
this section, a sign, on which shall be distinctly printed, in characters legible to persons passing such houses or buildings, the
words " licensed to sell gunpowder."
SEC. 3. It shall be lawful for persons actually dealing in gun- Quantity
powder in the city of New York to have five quarter-casks of li kpta in
gunpowder, but no more, at any one time, on the walk in front toreby
of their stores during the daytime, for the purpose of packing
the same, and sending the same either on board of a vessel, or
to some place without the district specified in the first section
of this act, but for no longer time than shall be actually necessary for the purposes aforesaid. The powder kept or had under
this section may, if covered completely and securely with a
leather or canvas bag or case, be carried through the street,
during the daytime, to a vessel as aforesaid, or other place without the district last mentioned.  If the same be put on board of
any vessel within such district, such vessel shall, before sundown, haul into the stream, to a distance not less than three
hundred yards from  any dock, wharf, pier, or bulkhead, and
shall not, at any time, until eight o'clock of the morning, while
such powder is on board, lie within three hundred yards of any
63




994              ACTS RELATING TO THE CITY OF NEW YORK.
dock, wharf, pier, or bulkhead of said city.  All powder had,
kept, prepared, or carried under the provisions of this section,
shall have distinctly and plainly printed upon the articles containing it the word " gunpowder."
Duty of commanders of  SEC. 4. The commander, owner, or owners, of every ship or
vesseloh  other vessel arriving in the harbor of New York, and having
abonard,  more than twenty-eight pounds of gunpowder on board, shall,
within forty-eight hours after the arrival, and before such ship
or vessel shall approach within three hundred yards of any
wharf, pier, or slip, to the southward of a line drawn through
the centre of Forty-second street, as aforesaid, cause the said
gunpowder to be landed by means of a boat or boats, or other
small craft, at any place without the said limits, which may be
most contiguous to any magazine for storing gunpowder, and
shall cause the said gunpowder to be stored in such magazine.
May proeed  SEC. 5. It shall be lawful either to proceed with any such
transip  ship or vessel to sea, within forty-eight hours after her arrival,
or to tranship such gunpowder from  one ship or vessel to
another, for the purpose of immediate exportation, without
landing such gunpowder, as in the last section is directed; but
in neither case shall it be lawful to keep such gunpowder for a
longer time than forty-eight hours in the harbor of New York,
or approach with the same within three hundred yards of any
wharf, pier, or slip in the said city, to the southward of the line
specified in the last section.
orfeiture.i   SEC. 6. In every case of a violation of any provision of this
lation.   act, where the penalty prescribed thereby for such violation is
the forfeiture of' ny gunpowder to the said fire department, it
shall be lawful for any fire warden of the said city to seize such
gunpowder in the daytime, and to cause the same to be conveyed to any magazine used for the purpose of storing gunpowder.
aor to bf  SEC. 7. It shall be the duty of every person, who shall have
seizure.   made any such seizure, forthwith to inform  the mayor or any
alderman of the said city thereof; and the said mayor or alderman shall thereupon inquire into the facts and circumstances of
such alleged violation and seizure, for which purpose he may
summon any person or persons to testify before him, and he
shall have power, in his discretion, to order any gunpowder so
seized to be restored.
Searcd mfr  SEC. 8. Whenever any inhabitant of the said city shall make
gupowder. oath before the mayor or any alderman, or any specialjustice
thereof, of any fact or circumstance which, in the opinion of
the said mayor, alderman, or special justice, shall afford a reasonable cause of suspicion that any gunpowder has been brought




PREVENTION OF FIRES AND UNSAFE BUILDINGS.                995
or is kept within the said city, or in the harbor thereof, contrary to any provision contained in this act, it shall be lawful
for the said mayor, alderman, or special justice, to issue his warrant or warrants, under his hand and seal, to any sheriff, marshal, constable, or other fit person or persons, commanding him
or them to search for such gunpowder in the daytime, wheresoever the same may be in violation of this act, and to seize and
take possession of the same if found; but no person having or
acting under any such search warrant shall take advantage
thereof to serve any civil process whatever.
SEC. 9. It shall be lawful for any person or persons, who, by  wder m
virtue of any such warrant, shall have seized any gunpowder, be conveyed
to cause the same, within twelve hours in the daytime after t ^gaz"i
such seizure, to be conveyed to any magazine used for storing
gunpowder; and unless the said mayor or any alderman of the
said city should, in the manner directed by the seventh section
of this act, order the same to be restored, such gunpowder shall
be detained in such magazine until it shall be determined, by
due course of law, whether the same may have become forfeited
by virtue of this act.
SEC. 10. All actions or suits for the recovery of any gunpow- Actions for
der which may have been seized and stored in any magazine dgait'
by virtue of this act, or for the value thereof, or for damages whom to be
sustained by the seizure or detention thereof, shall be brought
against the fire department of the city of New York, and shall
be commenced within three calendar months next after such
seizure shall have been actually made; and in case no such
action or suit shall have been commenced within such period,
such gunpowder shall be deemed absolutely forfeited to the said
fire department, and may be immediately delivered to the
proper officers thereof for its use. No penal damages shall be
recovered in any such action or suit; and such gunpowder may,
at any time during the pendency of any such action or suit, by
consent of the parties thereto, be removed from  any magazine
where the same may have been stored; or may be sold, and
the money arising from  such sale may be paid into the court
where such suit or action may be pending, to abide the event
thereof.
SEC. 11. Nothing contained in this act shall be construed to Shiys-of-war.
apply to any ship or vessel of war in the service of the United
States, or of any foreign government, while lying distant three
hundred yards or upwards from  the wharfs, piers, or slips of
the said city.
SEC. 12. If any gunpowder, exceeding the quantity men-Provision in
tioned in the second section of this act, shall be found in the ure of pow
possession or custody of any person, by any fireman of the said.during"




996               ACTS RELATING TO THE CITY OF NEW  YORK.
city, during any fire or alarm of fire therein, it shall be lawful
for such fireman to seize the same without any warrant, and to
report such seizure without delay to the mayor or any alderman of the said city; and it shall be determined by the said
mayor or alderman of the said city, in the manner directed by
the seventh section of this act, whether such gunpowder shall be
restored, or the same shall be conveyed to a magazine for storing
gunpowder, and there detained, until it be decided by due
course of law whether such gunpowder be forfeited by virtue
of this act.
Sulphur,   SEC. 13. No quantity  of sulphur more than  ten hundred
hemp, flax,
pitch, et-., weight, or of hemp or flax than twenty hundred weight, or of
Stolred.    pitch, tar, turpentine, rosin, spirits of turpentine, varnish, linseed oil, oil of vitriol, aquafortis, ether, or shingles, than shall
be allowed by the common council of the city of New York,
shall be put, kept, or stored in any one place in the said city to
the southward of a line drawn through the centre of Fourteenth
street, unless with the permission of the said common council.
Penlty for  SEC. 14. Every person, who shall violate either of the proviviolation.
sions of the last section, shall, for every such offense, forfeit and
pay the sum  of twenty-five dollars; and in case any such person or persons shall neglect or refuse to remove any of the articles prohibited by the said section within such time as may be
allowed for that purpose by the mayor or recorder, or any alderman of the said city, he, she, or they shall, for every such
neglect or refusal, forfeit and pay an additional sum  of twentyfive dollars.
Prliige of  SEC. 15. Nothing hereinbefore contained shall be construed
ship chandlers.    to prohibit any ship-chandler from keeping at any time, in any
inclosure in the said city, any quantity of pitch, tar, rosin, or
turpentine, not exceeding twenty barrels in the whole.
Restriction    SEC. 16. It shall not be lawful for any person or persons to
-is to saltpoct.e.    have or keep any quantity of saltpetre exceeding five hundred
pounds, offered for sale by any dealer, having the same in any
house, store, building, or other place in the city of New York to
the southward of the line mentioned in the first section of this
act, and all provisions of this act in relation to the having or
keeping of gunpowder shall apply to the having or keeping of
saltpetre within the limits aforesaid, except as to the provisions
of the seventeenth section of this act.
ayibe kept  SEC. 17. Notwithstanding the preceding section, saltpetre may
building.  be had or kept by any dealer, in any quantity, within any fireproof building within the city of New York, provided it be the
only merchandise stored or kept within such building.




PREVENTION OF FIRES AND UNSAFE BUILDINGS.                      997
SEc. 18. Any violation of the provisions of this act, except Fnes.
where otherwise expressly provided, shall subject the offender
to a fine of five hundred dollars for each offense, to be recovered
by, and for the use of, the fire department of the city of New
York, and such offender, on conviction before the general sessions of the peace for the city and county of New York of any
violations of the provisions aforesaid, or of either of them, may
be imprisoned in the county jail for a term  not exceeding one
year.  All gunpowder or saltpetre, found within the limits specified in the first section of this act, shall be forfeited to the use
of said fire department.
SEC. 19. If any person or persons shall hereafter be injured cao to per
at any fire occurring within the limits mentioned in the last "j edbei^ng
section, by means of any explosion resulting from the violation, are
by any other person or persons, of any of the provisions of this
act relating to saltpetre or gunpowder, the person or persons
guilty of such violations shall, on conviction before the general
sessions aforesaid, be punished by imprisonment in the state
prison for a term  not exceeding two years.  If such violation
occasions the death of any person or persons, the offender shall,
on conviction, be deemed guilty of' manslaughter in the third
degree, and punished as now  provided by law in relation to the
crime last named.
SEc. 20. The penalties and provisions of this act shall not P         rov esin,
extend to any vessel receiving gunpowder on freight, provided ~eiving
such vessel do not remain at any wharf of the said city, or within three hundred yards thereof, after sunset, or on any other day
whilst having gunpowder on board.
SEc. 21. All pecuniary penalties imposed by this act may be Penatl,o.
sued for and recovered, with costs of suit, in any court having
cognizance thereof, by the proper officers of the fire department
of the said city, for the use of the said fire department.
SEC. 22. All actions for any forfeiture or penalty incurred Timoe  le
under this act shall be commenced within one year next after
incurring such forfeiture or penalty.
SEC. 23. All laws or parts of laws heretofore passed, inconsist- epeal
ent with the provisions of this act, are hereby declared to be
repealed; but such repeal shall not affect any suit or prosecution already commenced, or any penalty, forfeiture, or offense
already incurred or committed under any such law or part of a
law.




998              ACTS RELATING TO THE CITY OF NEW YORK.
1S49.-CHAPTER LXXXIV.
AN ACT for the more effectual Prevention of Fires in the City of
New York, and to amend the Acts heretofore passed for that purpose.-Passed March 7, 1849.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Sections 1 to 14 superseded by subsequent acts.
Steeopsand  SEC. 15. All steeples, cupolas, and spires of churches, or
~pirCS.   other public buildings, may be covered with boards or shingles.
Sections 16 to 27 superseded by subsequent acts.
SEC. 28. [Amended by sec. 1, chap. 120, Laws of 1850, to
read as follows]: The duties and powers that were by law conferred upon the fire wardens in the city of New York, prior to
the passage of an act entitled " An Act for the establishment
and regulation of the police of the city of New York," passed
May 7, 1841, as well as the duties and powers of the fire wardens, conferred upon the police by the said act, and by the act
to amend the same, passed May 13, 1846, are hereby conferred
and imposed upon the officers to be appointed as hereinafter in
this section mentioned, who shall be known and designated by
tte name of fire wardens of the city of New York.
The remainder of this section abrogated by chap. 356, Laws
of 1862.
Dutyof    SEC. 29. [Amended by sec. 2, chap. 120, Laws of 1850, to
Warden,  read as follows]: It shall also be the duty of the said fire wardens, respectively, to inquire and examine into any and every violation of any of the provisions of the acts heretofore passed for
the prevention of fires in the city of New York, and of the several acts amending or modifying the same, or in addition thereto,
or extending the fire limits in said city, and of this act; and it
shall also be the duty of the said fire wardens, respectively, to
give, or cause to be given, a notice in writing, signed by at
least one of them, to the owner and builder, respectively, of any
such dwelling-house, store, store-house, building, ash-hole, ashhouse, wooden shed, wooden building, or frame building, in said
city, which shall, after the passage of this act, be erected, built,
raised, altered, enlarged, or built upon, removed from one lot to
another; or which shall, after the passage of this act, be in the
course of erection, building, raising, altering, enlarging, or being
built upon, or being removed from one lot to another, in violation of any of the provisions of the acts, or of any of them, mentioned or referred to in this section, or of this act; requiring




PREVENTION OF FIRES AND UNSAFE BUILDINGS.                    999
such cause of violation to be removed within ten days after service of such notice.  Such service shall be made by leaving such
notice with any person of suitable age, at such dwelling-house,
store, store-house, building, ash-house, ash-hole, wooden shed,
wooden building, or frame building, or by pasting the same in
a conspicuous place, on such dwelling-house, store, store-house,
building, ash-hole, ash-house, wooden shed, wooden building, or
frame building.
It shall also be the duty of the said fire wardens, respectively,
to report to the said chief engineer the location of, and particular circumstances attending, any building constructed, or in the
course of construction, deemed unsafe; and also to report, as
aforesaid, all cases where goods shall be improperly stored, in
any building, so as to hazard the lives of firemen, or where such
goods shall be too heavily ladened in a building, or where any
building shall, from any cause, have become unsafe.
It shall also be the duty of said fire wardens, respectively, to  Must atten
attend all fires in the fire districts respectively, to which they
may be allotted, and to report themselves to the engineer in
command, and to wear at such fires the usual fire-cap, with the
words "fire warden," and the number of such district, conspicuously painted thereon, in white on a black ground.
The remainder of this section abrogated by chap. 336, Laws
of 1862.
SEC. 30. If such cause of violation shall not be removed with- recae,, Ir
in the time limited in such notice, the supreme court of the sch b-iola
state of New York, and the court of common pleas for the city removed
and county of New York, shall respectively, in addition to the
power of enforcing the penalties, as now provided by law, and
as provided by this act, for such violation, have power and jurisdiction in  acin action to bebrought by the said fire department,
to restrain by injunction Tthe further erection, building, raising,
altering, enlarging, or building upon, such dwelling-house, store,
store-house, building, ash-hole, ash-house, wooden shed, wooden
building, or friame building, and also to adjudge and decree that
such dwelling-house, store, store-house, building, ash-hole, ashhouse, wooden shed, wooden building, or framee building,
whether erected, built, raised, altered, enlarged, removed, or
built upon, or in the course of erection, building, raising, altering, enlarging, removing, or of being built upon, shall be taken
down and removed.
SEc. 31. It shall be the duty of the sheriff of the city and Duty o
county of New York to execute such decree, upon receiving a
certified copy thereof.
Sections 32,33 and 34 abrogated by chap. 356, Laws of 1862.




1000              ACTS RELATING TO THE CITY OF NEW  YORK.
1852.-CHAPTER  CCCXXXII.
AN  ACT to provide for a speedy Investigation into the Origfin of
Fires in the City of New York.-Passed April 16, 1852.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Chief of poie, hispow-  SEC. 1. The chief of police of the city of New York is hereex'"     by authorized and required to make an investigation into the
origin of every fire occurring in said city; and for that purpose
lie is hereby invested with the same powers and jurisdiction as
are now possessed by the police justices of said city.
SEc. 2. This act shall take effect immediately.
1855.-CHAPTER  VI.
AN ACT respecting Eyxcavations in the Cities of New York and
Brooklyn.-Passed January 24, 1855,
The People of the State of ANew York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. That whenever excavations, hereafter commenced for
building or other purposes on any lot or piece of land in the
city and county of New York and the city of Brooklyn, shall
be intended to be carried to the depth of more than ten feet below the curb, and there shall be any party or other wall, wholly
or partly on adjoining land, and standing upon or near the
boundary lines of such lot, the person causing such excavatiolls
to be made, if afforded the necessary license to enter on the adjoining land, and not otherwise, shall, at all times, from  the
commencement until the completion of such excavations, at his
own expense, preserve such wall from  injury, and so support
the same by a proper foundation that it shall remain as stable
as before such excavations were commenced.
SEC. 2. This act shall take effect immediately.
1857. -CHAPTER  CCXXV.
AN  ACT in relation to Party Walls in the City of New York7.Passed April 1, 1857.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
inrea se of  SEC. 1. It shall be lawful to increase the thickness of any
partition wall or other wall between two adjoining buildings in




PREVENTION OF FIRES AND UNSAFE BUILDINGS.                    1001
the city of New York, erected before the passage of the act of
fourteenth April, eighteen hundred and fifty-six, in relation to
buildings in said city, provided that such additions be properly
and securely tied into the original wall by iron fastenings or
slabs of stone, so as to make a firm wall of not less than sixteen
inches in thickness; and such wall, when so altered, shall be
deemed and taken to be a sixteen-inch wall, in like manner as if
originally built of that thickness, anything in the before mentioned act to the contrary notwithstanding.
SEC. 2. If any owner or part owner of any wall heretofore efusal to
erected between two adjoining buildings in the city of New
York shall refuse to give his written consent to the reconstruction thereof, by the entire substitution of a new wall of the
thickness now required by law in buildings more than fifty feet
in height, it shall be lawful to increase the thickness of such
wall by additions thereto, to be firmly secured by sufficient and
proper iron anchors, or slabs of stone, making together a wall
of at least sixteen inches in thickness; and such wall so
strengthened and increased, shall be deemed and taken to be a
sixteen-inch wall, in like manner as if the same had been originally built of that thickness.
SEC. 3. This act shall take effect immediately.
1862.-CHAPTER  CCCLVI.
AN ACT to provide for the Regulation and Inspection of Buildings, the more effectual Prevention of Fires, and the better Preservation, ofLife and Property in the City of New York.-Passed
April 19, 1862, "three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. All that portion of the city of New York lying south  uilding
of a line drawn east and west, from  the East to the Hudson
river, one hundred feet north of the northerly line of Fiftysecond street, in the city of New  York, shall constitute the
building limits designated under this act, in which no building
shall hereafter be built, except in conformity to the provisions
of this act; and the several provisions of this act shall apply
to all stone, brick, or iron buildings north of said building
limits, and within the city of New York, except as hereinafter
provided.
SEc. 2. All buildings hereafter erected within the buildingBuildings.
limits of the city of New York shall have all outside or party




1002              ACTS RELATING TO THE CITY OF NEW  YORK.
Construction walls constructed of stone, brick, or iron, and all such walls
shall be built to a line, and be carried up plumb and straight,
with close joints; and the several component iarts of all such
buildings shall be built and constructed in such manner as herein provided.
bid.       SEC. 3. All foundation walls shall be built of stone or brick,
and shall be laid not less than four feet below the surface of the
earth, on a good solid bottom, and in case the nature of the
earth should require it, a bottom of driven piles, or laid timbers,
of sufficient size and thickness, shall be laid, to prevent the
walls from settling, the top of such pile or timber bottom to be
driven or laid below  the water line; and all piers, columns,
posts or pillars resting on the earth shall have a footing course,
and shall be set upon a bottom  in the same manner as the
foundation walls.
bid.    SEC. 4. The footing, or base course, under all foundation
walls, shall be of stone or concrete, and shall be at least twelve
inches wider than the bottom  width of the foundation walls.
And if the walls be built of isolated piers, then there must be"
inverted arches, at least twelve inches thick, turned under and
between the piers, or two footing courses of large stone, at least
ten inches thick, in each course.  All foundation walls, other
than those of dwellings, shall be at least four inches thicker than
the wall next above them, to a depth sixteen feet below the
curb level, and shall be increased four inches in thickness for
every additional five feet in depth below the said sixteen feet.
Foundation walls in dwelling-houses shall be, below the basement floor beams, four inches thicker than the walls next above
them.  All foundation walls shall be understood to mean that
portion of the wall below the level of the street curb, and depth
shall be computed from the curb level downward.
Did.       SEC. 5. In all dwelling-houses not above thirty feet in height,
and not more than twenty-five feet in width, the party and outside walls shall not be less than eight inches thick.  In all
dwelling-houses fiom  thirty to thirty-eight feet in height, and
not more than twenty-eight feet in width, the outside walls
shall not be less than eight inches thick, and the party walls
shall not be less than twelve inches thick.  In all dwellinghouses thirty-eight to fifty-five feet in height, and not more than
thirty feet in width, the outside and party walls shall not be
less than twelve inches thick; and, if above fifty-five feet, the
walls shall not be less than  sixteen inches thick, to the top
of the second story beams, provided the same is twenty feet
above the curb level, and if not, then to the under side of the
third story beams; and also provided that portion of the wall
twelve inches thick shall not exceed fifty-five feet in height fiom
the said sixteen-inch wall.




PREVENTION OF FIRES AND UNSAFE BUILDINGS.                  1003
SEC. 6. In all buildings other than  dwelling-houses, not Constructou
~)      ~     regulated.
above thirty-five feet in height, and not more than twenty-seven
feet in width, the outside walls shall not be less than eight
inches thick, and the party walls not less than twelve inches
thick; if above thirty-five feet and under fifty feet in height,
the walls shall not be less than twelve inches thick; if above
fifty feet and under sixty-five feet in height, the walls shall not
be less than sixteen inches thick, to the height of twenty feet,
and not less than twelve inches thick from thence to the top;
and if above sixty-five feet and under eighty feet in height, the
walls shall not be less than sixteen inches thick to the height of
thirty feet, and not less than twelve inches thick from thence
to the top. In all buildings over twenty-seven feet in width, and
not having either brick partition walls or girders, supported by
columns running from front to rear, the walls shall be increased
an additional four inches in thickness, to the same relative
thickness in height as required under this section, for every additional ten feet in width of said building, orany portion thereof.
It is understood that the amount of materials specified may be
used either in piers or buttresses, provided the walls between
the same shall in no case be less than eight inches in thickness,
to the height of forty feet, and, if over that height, then twelve
inches thick.
SEC. 7. In all buildings in which there are stone or brick Ibid.
partition walls, the said partition walls shall be subject to the
clause and provisions above set forth, with regard to foundations, thickness, and heights; and if there should be substituted iron or wooden girders, supported upon iron or wooden
columns, in place of the partition walls, they shall be made of
sufficient strength to bear safely the weight of two hundred
and fifty pounds for every square foot of the floor or floors that
rest upon them, exclusive of the weight of material employed
in their construction, and shall have footing courses and foundation wall equal to that of the party wall, with inverted arches
under and between the columns, or two footing courses of large
well-shaped stone, laid crosswise, edge to edge, and at least ten
inches thick in each course, the lower footing course to be
equal in area to that under a party wall; and under every
column, as above set forth, a cap of cut granite, at least twelve
inches thick, and of a diameter twelve inches greater than that
of the column, must be laid.
SEC. 8. No wall of any building now erected, or hereafter to bia.
be built or erected in the said city, shall be cut off or altered
below, to be supported in any manner, in whole or in part, by
wood, but shall be wholly supported by stone, brick, or iron;
and no wood or timber shall be used between such wall and
such supporters.  Every temporary support placed under any
wall, girder, or beam, during the erection, finishing, alteration,




1004:             ACTS RELAYING TO THE CITY OF NEW  YORK.
or repairing of any building, shall be equal in strength to the
permanent support required for such wall, girder, or beani.
And the walls of every building shall be strongly braced from
the beams of each story until the next tier of beams are on and
leveled up.
Sto wl    SEC.   S     9. All stone walls less than twenty-four inches thick
shall have at least one header, extending through the walls, in
every six square feet; and if over twenty-four inches in thickness, shall have one header for every six superficial feet on both
sides of the wall, and running into the wall at least two feet.
r'lik wall. In every brick wall, every fifth course of bricks shall be a
heading course, except where walls are faced with brick, in
which case every fifth course shall be bounded into the backing by cutting the courses of the faced brick, and putting in
diagonal headers behind the same, or by splitting face brick in
half; and backing the same by a continuous row of headers.  In.  all walls which are faced with thin ashlar, anchored to the
backing, or in which the ashlar has not either alternate headers
and stretchers in each course, or alternate heading and stretching courses, the backing of brick shall not be less than eight
inches thick, and all eight-inch backing shall be laid up in
cement mortar, and shall not be built to greater height than
prescribed for eight-inch walls.  All heading courses shall be
good, hard, perfect brick.
Wall.    SEC. 10. In all buildings where the walls are built hollow,
the same amount of stone or brick shall be used in their construction as if they were solid, as above set forth; and no hollow walls shall be built unless the two walls forming the same
shall be connected by continuous vertical ties of the'same materials as the walls, and not over twenty-four inches apart.  The
heights of all walls shall be computed from the curb level.  No
swelled or refuse brick shall be allowed in any wall or pier.
Mortar.    SEC. 11. The mortar used in the construction of any building
shall be composed of lime or cement, mixed with sand, in proper
proportions.  No inferior lime or cement shall be used; and all
sand shall be clean, sharp grit, free from loam, and all joints in
all walls must be filled with mortar.
Partition  SEC. 1. Any building, except a private dwelling, over thirty
valls.
feet in width, if built (or used) for the purpose of a hotel or
boarding-house, shall have one or more brick, stone, or fire- proof
partition walls running from front to rear.  These walls shall
be so located that the space between any two of the bearing
walls of the building shall not be over twenty-five feet.
ond stop.e   SEC. 13. Every isolated pier less than six superficial feet at
the base, and all piers supporting a wall built of rubble stone




PREVENTION OF FIRES AND UNSAFE BUILDINGS.                   1005
or brick, or under any iron beam or arch girder, or arch, on
which a wall rests, or lintel supporting a wall, shall, at intervals
of not more than thirty inches in height, have built into it a
bond-stone not less than four inches thick, of a diameter each
way equal to the diameter of the pier, except that in front piers
above the curb the bond-stone may be four inches less than the
pier in diameter; and all piers shall be built of good hard-burnt
brick and cement, and all the bricks in such piers shall be of the
hardest quality, and be well wet before laid; and the walls and
piers under all compound girders, iron or other columns, shall
have a bond-stone every thirty inches in height from the bottom,
whether said piers are in the walls or not, and a cap-stone at
least twelve inches in thickness by the whole size of the bearing.
SEC. 14. All walls shall be securely anchored, with iron an- Achors.
chors, to each tier of beams.  The fiont, rear, side, end, and
party walls shall, if not carried up together, be anchored to
each other, every six feet in their height, by tie anchors, made
of one and a quarter inch by three-eighths of an inch wroughtiron.  The said anchors shall be built into the front and rear
walls, at least one-half the thickness of the front and rear walls,
so Was to secure the front and rear walls to the side, end, or party
walls; and all stone used for the facing of any building except
where built with alternate headers and stretchers, as hereinbefbre set forth, shall be strongly anchored with iron anchors;
and all such anchors shall be let into the stone at least one inch.
The side, end, or party walls shall be anchored to each tier of
beams, at intervals of not more than eight feet apart, with good,
strong wrought-iron anchors, three-eighths of an inch by one
inch, well built into the side walls and well fastened to the side
of the beams; and where the beams are supported by girders,
the ends of the beams resting on the girder shall be strapped by
wrought-iron straps of the same size, and at the same distance
apart, and in the same beam as the wall anchors; all wall anchors used in any building, except dwellings, shall be threeeighths by one inch wrought-iron, and shall hook over a threequarter round bolt of wroughht-iron running through the beam.
SEC. 15. All side or party and front or rear walls not corniced, side wals,
and where no gutter is required on any building over fifteen feet etc.
high, shall be built up and extended at least twelve inches above
the roof, and shall be coped with stone or iron; provided, that
where partition walls are carried up, and where Mansard or
French roofs are built over a hotel or block of houses, the partition and division walls may be carried up above the rooing, Partition
nwalls.
and coped with some fire-proof material, or shall be carried up
to the under side of the roof-planking; and the roof-planking Roof planul
must in all such cases have a space of at least four inches left, l''
extending the entire length of the wall between the ends or sides
of said planking, filled up to the top of the planking with good




1006             ACTS RELATING TO THE CITY OF NEW YORK.
mortar, and the slating, or other roof material, may then be
carried over the same.
beamsu ec.   SEC. 16. Compound beams, with cast-iron arches and wroughtiron ties, used to span openings not more than ten feet in width,
shall have a bearing of at least twelve inches by the thickness
of the wall to be supported, and for every additional foot of
span over and above the said ten feet the bearing shall be increased one inch; provided the same are supported at the ends
on walls or piers of brick or stone, and on the front of any
building where the supports are of iron or solid cut stone they
shall be at least twelve inches on the face, and the width of the
thickness of the wall to be supported, and in all cases shall be
of sufficient strength to bear the weight to be imposed upon
them, and shall rest upon a cut granite base block at least
twelve inches thick, by the full size of the bearing, and all compound beams or girders used in any building shall be, throughout, of a thickness not less than the thickness of the wall to be
supported, and shall be made in the best manner. All compound beams shall have a cast-iron shoe on the upper side, to
answer for the skew-back of a brick or cut stone arch, which
said arch shall always be turned over the same, and the arch
shall in no case be less than eight inches in height by the
width of the wall to be supported, and the shoe shall be made
strong enough to resist the pressure of the arch in all cases.
Cut stone, or hard brick arches, with two wrought-iron tie-rods,
of sufficient strength, may be turned over any openings less
than forty feet, provided they have skew-backs of cut stone, or
cast or wrought-iron, into which the bars or tension rods shall
be properly secured by heavy wrought-iron washers, necks,
and heads of wrought-iron, properly secured to the skew-backs.
The above clause is intended to meet cases where the arch has
not abutments of sufficient size to resist its thrust.
Openings for  SEC. 17. All openings for doors and windows in all buildings,
doors and
windows, except as otherwise provided, shall have a good and sufficient
t   arch of stone or brick, well built and keyed, and with good and
sufficient abutments, or a lintel of stone or iron, as follows: For
an opening, not more than four feet, the lintel shall not be less
than eight inches in height; and for an opening not more than
five feet in breadth, the lintel shall be twelve inches in height;
and for an opening exceeding five feet.in breadth, the lintel
shall increase in height over and above the twelve inches before
provided, one inch for every additional foot in breadth of the
opening; and every such opening less than five feet in breadth,
in all walls over eight inches in thickness, shall have a lintel of
stone or iron not less than seven inches in breadth, and one-third
the thickness of the walls on which it rests;.and in all openings, as aforesaid, in any eight-inch wall, the lintel shall be onehalf the thickness of the wall; and on the inside of all openings




PREVENTION OF FIRES AND UNSAFE. BUILDINGS.                  1007
in which the lintels shall be less than the width of the wall,
there shall be a good timber lintel on the inside of the other
lintels, which shall rest, at each end, not more than four inches
on any wall, column, post, or pillar, and shall be chamfered at
each end, and shall have a double rolock arch over the said lintel; or the said arch may be turned on a centre, which may be
struck after the arch is turned, provided the piers or abutments
are of a sufficient strength to bear the thrust of the arch; and
all arches over openings or fireplaces shall be built of good Arces, tc.
hard brick, and well keyed; all lintels over openings re-turned
on a corner building, shall be of iron or stone, of the breadth
before provided for, and of the full thickness of the wall to be
supported; and where the second story window-sills rest upon
the said lintel course, the lintel shall be of iron or stone, and
shall be the full size of the wall to be supported.  Where hollow cast-iron lintels are placed over openings, they shall have a
brick arch of sufficient thickness, with skew-backs and tie-rods
of sufficient strength to support the superincumbent weight
independent of the cast-iron lintel.
SEc. 18. All stores or storehouses, or other buildings which Storesand
are more than two stories, or above twenty-five feet in height
above the curb level, except dwelling-houses, school-houses, or
churches, shall have doors, blinds, or shutters made of fire-proof
metal, on every window  and entrance above the first story,
where the same do not open upon a street.  Where, in any
such building, the shutters, blinds, or doors cannot be put on
the outside of such door or window, they shall be put on the inside; and every such door, blind, or shutter shall be closed on
the completion of the business of each day; and if fire-proof
shutters or blinds are put upon the front or sides of any building on the street fronts, they must be so constructed that they
can be opened from the outside, above the first story.
SEC. 19. All chimneys, and all flues in stone or brick walls, Chimneys.
in any buildings, without reference to the purpose for which
they may be used, shall be properly pargetted on the inside
with good parging mortar, or the joints shall be struck smooth
on the inside. And no tin or other metal flue or flues, pipe or
pipes of a single thickness of metal, to convey heated air in any
building hereafter to be built, altered, or erected in any part of
the said city, shall be allowed, unless the same be so constructed
as to have a thickness of not less than one inch of plaster of
Paris between the said metal pipe, flue or flues, and any of the
timber or wood-work adjoining the same.  Unless the plaster
of Paris is put on as above set forth, the pipes in all cases must
be double, that is, two pipes, one inside the other, at least one
inch apart, and filled with plaster of Paris.  Fire-brick pipes,
for conveying hot air, may also be put in wooden partitions,
provided they have a spigot and faucet joint filled with plaster.




1008              ACTS RELATING TO THE CITY OF NEW  YORK.
No steam-pipe shall be placed within two inches of any timber
or wood-work, as aforesaid; where the said space of two inches
around the steam-pipe is objectionable, it shall be protected by
a soapstone or an earthen ring or tube.  No base, or flooring,
or roofing, or any other wood-work shall be placed against any
brick or other flue, until the same shall be well plasteredt witl
plaster of Paris behind such wood-work. All flues in any building shall be properly cleaned, and all rubbish removed, and the
flues left smooth on the inside, upon the completion of all such
buildings, as aforesaid.  No chimney shall be started or built
upon any floor or beam, and in no case where the breast of a
chimney shall project more than four inches in any eight-inch
wall, or eight inches in a twelve-inch wall, shall it be commenced in any wall, but shall be started and built on the same
line from  the foundation; and if supported by piers, the said
piers shall start from the foundation and on the same line with
the chimney breast, and shall not be less than sixteen inches on
the face; and all such piers shall be well built into the wall.
All hearths shall be supported by arches of stone or brick, and
no chimneys projecting over the distance above specified shall
be cut off below, in whole or in part, and supported by wood,
but shall be wholly supported by stone, brick, or iron, and all
chimneys in any building or buildings, as aforesaid, already
erected, or hereafter to be erected, or built, or any other chimney or chimneys, in any part of the said city, which shall be
dangerous in any manner whatsoever, shall be repaired or taken
down.  In all chimneys which are corbeled out from  the walls
as above described, they shall be supported by five courses of
brick.
s Poko pipe,   SEC. 20. No smoke-pipe, in any building with wooden or
combustible floors and ceilings, shall enter any flue, unless the
said pipe shall be at least eighteen inches from either the floors
or ceilings; and in all cases where smoke-pipes pass through
stud or wooden partitions of any kind, whether the same be
plastered or not, they shall be guarded by either a double collar
of metal, with at least four inches air space, and holes for ventilation; or by a soapstone ring, not less than three inches in
thickness, and extending through the partition, or by a solid
coating of plaster of Paris, three inches thick, or by an earthenware ring, three inches from the pipe.  In all cases where hot
water, steam, hot air, or other furnaces are used, the furnacesmoke-pipe must be kept at least two feet below the beams or
ceiling above the same, unless said beams or ceiling shall be
properly protected by a shield of tin plate suspended above said
smoke-pipe, with sufficient space for the free circulation of air
above and below said shield; and the smoke-pipe shall in all
cases be kept at least eight inches from the beamns or ceilings,
as aforesaid; and the top of all furnaces set in brick must be
covered with brick, slate, or tin plate, supported by iron bars,




PREVENTION OF FIRES AND UN SAFE BUILDINGS.                 1009
and so constructed as to be perfectly tight; said covering to be
in addition to, and not less than six inches fiom, the ordinary
covering to the hot-air chamber. If, however, there is not
height enough to build the furnace top at least four inches below the floor beams, or ceiling, then the floor beams must be
trimmed around the furnace, and said covering and the trimmers
and headers must be at least four inches from the same.  The
top of portable furnace or furnaces, not set in brick, shall be
kept at least one foot below the beams, or ceiling, with a shield
of tin plate, made tight, and suspended below the said beams, or
ceiling, and extend one foot beyond the top of the furnace on all
sides.  All hot-air registers, hereafter placed in the floor of any Registers.
building, shall be set in soapstone borders, not less than two
inches in width. All soapstone borders to be firmly set in plaster of Paris, or gauged mortar; all floor register boxes to be
made of tin plate, with a flange on the top, to fit the groove on
the soapstone, the register to rest upon the same.  There shall
also be an open space of two inches on all sides of the register
box, extending from  the under side of the ceiling below the
register, to the soapstone in the floor; the outside of said space
to be covered with a casing of tin plate, made tight on all sides,
to extend from the under side of the aforesaid ceiling up to and
turn under the said soapstone.  Registers twelve by nineteen
inches, or less than fifteen by twenty-five inches, shall have a
space of three inches between the register box and casing:
registers of fifteen by twenty-five, and more, shall have a space
of three and a half inches.
SEC. 21. In no building, whether the same be a frame build- Beams.
ing or otherwise, shall any wooden beams or timbers be placed
within eight inches of any flue, whether the same be a smoke,
air, or any other flue.  All wooden beams and other timbers, in
the party wall of every building hereafter to be erected or built
of stone, brick, or iron, shall be separated from  the beam  or
timber entering into the opposite side of the wall by at least
four inches of solid mason-work.  No floor beam  shall be supported wholly upon any wooden partition, but every beam, except headers and tail beams, shall rest at each end, not less than
four inches in the wall, or upon girders, as authorized by this
act.  And every trimmer or header more than four feet long,
used in any building, except a dwelling, shall be hung in stirrup
irons of suitable thickness for the size of the timbers.  No timber shall be used in any wall of any building, where stone,
brick, or iron is commonly used, except bond timbers and lintels,
as hereinbefore provided for, and no bond timber in any wall shall
in width and-thickness exceed that of a course of brick.  No bond
timber shall be more than three feet in length, and such bond
timbers shall be laid eighteen inches apart, parallel to each
other, and there shall be eight inches of brick or mason-work
between the ends of the same.  In all buildings, where the
64




1010             ACTS RELATING TO THE CITY OF NEW YORK.
Floors   floor beams are of wood, the end of the beams resting on the
wall shall be cut to the bevel of three inches. In every building already erected, or hereafter to be built, the floors shall be
of sufficient strength to bear the weight to be imposed upon
them, exclusive of the weight of the material used in their construction.  And all timbers or beams used in any building,
whether the same be a frame building or otherwise, shall be of
a good sound material, free from  rot, sap, shakes, or rotton
knots, and of such size and dimensions as the purpose for which
the building is intended requires.
Cornices.    SEC. 22. Wooden cornices may be placed on buildings not
over forty feet in height, or on three-story and basement dwelling-houses, provided that the said cornices, whether used for a
gutter or not, shall have the brackets well built into the walls,
and well fastened to wall strips built into the wall for the purpose; and in all cases, the walls shall be carried up to the
planking of the roof, and when the cornice projects above the
roof, the walls shall be carried up to the top of the cornices,
and no wooden cornice shall extend across two or more, buildings, but the same shall return against the building on which it
is placed, and the party walls shall in all cases extend up above
the planking of the cornice and be coped; and all exterior cornices and gutters of all other buildings, hereafter to be erected
or built, shall be of some fire-proof material; and in every case
the greatest weight of stone, iron, or other material of which the
cornice shall be constructed shall be on the inside of the outer
line of the wall on which the cornice shall rest, in the proportion of three of wall to two of cornice in weight, allowance being
made for the excess of leverage produced by the projection of
the cornice beyond the face of the wall; and all fire-proof cornices shall be well secured to the walls with iron anchors, independent of any wood-work, and all exterior wooden cornices
or gutters that may be unsafe or rotten, shall be made safe or
be taken down.
Ioof.      SEC. 23. The planking and sheeting of the roof of everybuilding erected or built as aforesaid, shall in no case be extended
across the front, rear, side, end, or party wall thereof, and every
such building, and the top and sides of every dormer window
thereon, shall be covered and roofed with slate, tin, zinc, copper,
or iron, or such other equally fire-proof roofing as a majority of
the insurance companies of the city of New York, which are incorporated under the laws of thi, state, will insure at the same rate
of premium as other articles in this section mentioned, or which
shall be approved by the board of inspection appointed under
this act.  And no wooden building hereafter erected or built, or
already erected in any part of the said city, more than two
stories, or above thirty feet, in height above the curb level, to
the highest part thereof, which shall require roofing, shall be




PREVENTION OF FIRES AND UNSAFE BUILDINGS.                 1011
roofed with any other roofing or covering except as aforesaid.
Nothing in this section shall be construed to prohibit the repairing of any shingle roof, provided the building is not altered in
height.  All buildings in the city of New York, whether already
erected or hereafter to be built, shall have scuttle frames and
doors, or bulkheads leading to the roof, made of or covered
with some fire-proof material, and shall have ladders or stairways leading to the same, and all such scuttles and stairways, or
ladders leading to the roof, shall be kept so as to be ready for
use at all times, and all scuttles shall not be less in size than
two by three feet.
SEC. 24. All gas, water, steam, or other pipes, which may be
introduced into any building other than a dwelling-house, shall
not be let into the beams, unless the same be placed within
thirty-six inches of the end of the beams; and in no case shall
be let into the beams more than two inches in depth.
SEC. 25. In all buildings every floor shall be of sufficient loors.
strength, in all its parts, to bear safely upon every superficial
foot of its surface seventy-five pounds; and if used as a place of
public assembly, one hundred and twenty pounds; and if used
as a store, factory, warehouse, or for any other manufacturing
or commercial purpose, from one hundred and fifty to five hundred pounds and upwards; the weight in each class of these
buildings being determined by the department for the survey
and inspection of buildings created by this act, who shall form
a schedule of the weights required to be supported safely on the
floors of each class, and furnish a printed copy of this schedule
to any person applying for it.  Every floor shall be of sufficient
strength to bear safely the weights aforesaid, in addition to the
weight of the materials of which the floor is composed; and
every column, post, or other vertical support, shall be of sufficient strength to bear safely the weight of the portion of each
and every floor depending upon it for support, in addition to the
weight required, as above, to be supported safely upon said
portions of said floors. In all calculations for the strength of
materials to be used in every building, the proportion between
the safe weight and the breaking weight shall be as one to three,
for all beams, girders, andother pieces subjected to a cross strain;
and shall be as one to six for all posts, columns, and other vertical supports, and for all tie rods, tie beams, and other pieces
subjected to a tensile strain.  And the requisite dimensions of
each piece of material is to be ascertained by computation, by
applicable rules given by Tredgold, Hodgkinson, Barlow, and
other reliable writers on the strength of materials, using for
constants in the rules only such numbers as have been deduced
from experiments on materials of like kind with that proposed
to be used.




1012             ACTS RELATING TO THE CITY OF NEW YORK.
SEC. 62. In all fire-proof buildings, either brick walls with
wrought-iron beams, or cast or wrought-iron columns with
wrought-iron beams, must be used in the interior; and the following rules shall be observed:
Columns.    1st. All metal columns shall be planed true and smooth at
both ends, and shall rest on cast-iron bed-plates and have castiron caps, which shall also be planed true. If brick arches are
used between the beams, the arches shall have a rise of at least
an inch and a quarter to each foot of span between the beams.
Archee.    2d. And all arches shall be at least four inches thick.
Arches over four feet span  shall be increased in thickness
toward the haunches, by additions of four inches in  thickness of brick; the first additional thickness shall commence
at two and a half feet from  the centre of the span; the second addition, at six and a half feet from the centre of the span;
and the thickness shall be increased thence four inches for every
additional four feet of span toward the haunches.
Ibid.      3d. The said brick arches shall be laid to a line on the centres with a close joint, and the bricks shall be hard burnt, and
shall be well wet and the joints well filled with cement mortar, in proportions of not more than two of sand to one of
cement, by measure.  The arches shall be well grouted, and
pinned with slate, and keyed.
Ties.      4th. All iron  beams in  stores or storehouses shall have
wrought-iron ties, which shall be at least one inch in diameter, placed not more than six feet from  the centres, and the
said ties shall be well secured in the lower half of each beam,
and into a beam or continuous piece of angle iron at both walls
against which the arches abut.
renplates.   5th. Under the ends of all the iron beams, where they rest
on the walls, a stone template must be built into the walls;
said templates to be eight inches wide in twelve-incll walls,
and in all walls of greater thickness to be in width not less than
four inches less than the width of said walls, and not to be in
any case less than four inches in thickness and eighteen inches
long.
Stairway.    SEC. 27. All dwelling-houses, in any part of the city of New
York, already erected, or that may hereafter be built, that now
are, or may be, more than forty feet high, that shall be occupied
by, or built to contain, six or more families above the first story,
and all dwelling-houses that shall be occupied by, or built to
contain, eight or more families above the first story, shall have a
stairway connected with a proper scuttle or otheropening, leading
to the roof, and all the rooms on each floor shall connect by doors
from front to rear, and every such dwelling-house shall have
placed thereon a practical fire-proof fire-escape, that shall be
approved of by the department for the survey and inspection of




PREVENTION OF FIRES AND UNSAFE BUILDINGS.                1013
buildings in the city of New York; and all front and rear tenement-houses on the same lot shall be connected by an iron
bridge, provided, that where any such building shall be built Proviso.
fire-proof throughout, or where there are two or more dwelling-houses adjoining, and of equal height and with flat roofs, the
same may be exempt from the requirements of this section; and
no dwelling-houses, such as are mentioned in this section, now
built, or which may hereafter be built, shall have any hay,
straw, hemp, flax, wood, shavings, burning fluid, turpentine,
camphene, or any other combustible material, stored therein, or
kept on sale, except in such quantities as shall be provided for
by ordinances of the common council in said city.
SEC. 28. It shall not be lawful for the owner or owners of b~iregf
any brick-front or wooden building already erected in said city, ulated.
that has a peak roof, to raise the same for the purpose of making a flat roof thereon, unless the same be raised with the same
kind of material as the building, and except that such new roof
be covered with any of the articles of roofing mentioned in the
twenty-third section of this act; and unless all such buildings,
when so raised, shall not exceed forty feet in height to the
highest part thereof; and all such brick dwelling-houses, that
have eight-inch walls, the said walls shall not exceed forty feet in
height; and, also, provided that all such dwelling-houses exceed
twenty-five feet in height to the peak, before the said alteration.
If any such building shall have been built before the street,
upon which it is located, is graded, or if the grade is altered, all
such buildings may be raised or lowered, to meet the requirements of said grade. And no brick-front or wooden building
whatsoever, in said city, southward of said line, shall be enlarged or built upon, unless the exterior walls of such addition
or enlargement be of fire-proof materials; provided, however,
that such brick-front or wooden building only may be raised,
lowered, or altered, under the circumstances and in the same
manner especially provided for in this section; and no wooden
building shall be removed from one lot to another, southward of
said line.
SEC. 29. No wooden shed shall be erected southward of said woode
line, unless one whole side of the same shall be left entirely
and constantly open. And, also, provided the same does not
exceed twelve feet in height to the peak or highest part thereof, from the level on which it is placed, and shall not contain
any straw, hay, hemp, flax, or any combustible materials (fuel
excepted). Nothing in this section shall be construed to prohibit the erection of any wooden building, provided the same Proviso.
does not exceed twelve feet in height to the peak or highest
part thereof, above the level of the earth on which it is placed;
and, also, provided the same be wholly covered on the outside
with any fire-proof material.  No outside wooden stairs shall Wrden




1014             ACTS RELATING TO THE CITY OF NEW YORK.
be erected southward of said line, which shall extend above the
second-story floor of any such building to which the same shall
be attached; and, if any such stairway shall be inclosed, the
same shall be wholly covered with some fire-proof material.
Pbalcony.  SEC. 30. Any piazza, platform, or balcony, that does not exceed ten feet in width, and that does not extend more than three
feet above the second-story floor of any building to which the
same may be attached, or the roof of which does not exceed the
same height, may be built of wood, provided the same is open
on the side; and such piazza, platform, or balcony may be built
higher, or may be inclosed, provided the same shall have end or
party walls of stone or brick not less than eight inches thick,
which shall be started and built from the foundation and carried
up above the roof, and coped with stone or iron; and the roofs
of all piazzas shall be covered with some fire-proof material.
Any bay or oriel window, that does not extend more than three
feet above the third-story floor of any dwelling-house to which
the same shall be attached, may be built of wood.
Privies, fer.  SEC. 31. All privies not exceeding ten feet square and ten
etc'feet high, and all ferry-houses which shall be erected with the
express permission of the corporation of the city of New York,
may be built and covered with wood, boards, or shingles. All
ash-holes or ash-houses within the said city shall be built of
stone, brick, or iron, without the use of wood in any part
thereof.
Repairing    SEC. 32. Every wooden building or frame building with a
buildings. brick front, or any other front, situated in the said city, south
of the said line, which may hereafter be damaged by fire or
otherwise to any amount not greater than one-half the value
thereof, at the time of such damage, may be repaired or rebuilt;
but if such damage shall amount to more than one-half of such
value thereof, exclusive of the value of the foundation, then
such building shall not be repaired or rebuilt, but shall be taken
down.
Damage by  SEC. 33. The amount and extent of such damage by fire, or
otherwise, shall be determined by the deputy superintendent
created under this act, and one surveyor appointed by the fire
insurance company or companies, if such building or buildings
are insured, and one surveyor appointed by the owner or owners. But if such building or buildings be not insured, then the
damage shall be determined by the deputy superintendent and
a surveyor appointed by the owner or owners; and, in case
these two do not agree, they shall appoint a third party, and a
decision of a majority of them, reduced to writing, and sworn
to, shall be conclusive in the premises; and such building shall
in no manner be repaired or rebuilt, until after such decision
shall have been rendered.




PREVENTION OF FIRES AND UNSAFE BUILDINGS.                  1015
SEC. 34. No building already erected or hereafter to be built Prohibition
in said city shall be enlarged, raised, altered, or built upon in building.
such manner that were such building wholly built or constructed
after the passage of this act, it would be in violation of any of
the provisions of this act, except as herein provided.  And all
buildings built of stone, brick, or iron, and all wooden buildings, with or without brick fronts, in any part of said city, before the same shall be enlarged, raised, or built upon, shall be
first examined by said department, to ascertain if the building
or buildings, or either of them, are in a good and safe condition
to be enlarged, raised, or built upon.  And no such buildings
as aforesaid shall be enlarged, raised, or built upon, until after
such examination and decision; and the decision of said department, under such examination, shall be final and conclusive
in the premises, and shall be made without delay.
SEC. 35. All plans and specifications for the erection, con- Plan and
specifications
struction, alteration, or repair of any building or part of a build- to be made.
ing in the city of New York, may, at the option of the owner,
before execution thereof, be submitted for examination and
approval to the department for the survey and inspection of
buildings in the city of New York;,ad it shall be the duty of
the superintendent of buildings, under said department, to
examine the same without delay, and when found or made
to conform to the requirements of the several provisions of this
act, to certify the approval of said department to the same, and
where such approved plans and specifications shall be strictly
followed in the construction, alteration, or repair of any such
building or part of a building, then the owner of such building,
and all persons executing the work under such approved plans
and specifications, shall be exonerated from  all liability under
the several provisions of this act.
SEc. 36. The department created under this act shall have Pero  of dofull power, in passing upon any question relative to the mode,
manner of construction, or materials to be used in the erection,
alteration, or repair of any building in the city of New York,
where the same is not specially provided for herein, to make the
same conform  to the true intent, meaning, and spirit of the
several provisions hereof; and shall also have discretionary
power, upon application therefor, to modify or vary any of the
several provisions of this act to meet the requirements of special cases, where the same do not conflict with public safety and
the public good, so that substantial justice may be done; but
no such deviation shall be permitted, except a record of the
same shall be kept by said department, and a certificate be first
issued to the party applying for the same.  Such certificate
shall be issued only upon an order first being obtained therefor,
upon a sworn petition setting forth the facts upon application
to a special term of the supreme court of the city of New




1016             ACTS RELATING TO THE CITY OF NEW  YORK.
York, said supreme court hereby being authorized to grant
such order in its discretion.
Punishment   SEC. 37. The owner or owners of any dwelling-house, store,
of this act storehouse, or other building, or of any frame building, with or
without a brick front, or any wooden building, or of any ashhouse, ash-hole, or wooden shed upon which any violation of
this act may be placed, or shall exist, whether he or they be the
owner or owners of the land in fee, or not, or be the lessee or
lessees thereof, or has or have a qualified or contingent interest
therein, by virtue of some agreement or contract in writing, or
in any other manner, and any master, architect, or architects,
who may be employed or assist therein, or any and all other
persons who shall violate any provision of this act, or fail to comply therewith, shall, for each and every such violation, or noncompliance, respectively forfeit and pay the sum of fifty dollars,
and any master builder or builders, master carpenter or carpenters, master mason or masons, master roofer or roofers, furnace maker or makers, or other persons, who shall violate any
provision of this act, or who may be employed or assist therein,
shall, for every such violation, not removed within ten days
after notice of the violation shall be given to him  or them,
respectively forfeit and pay the additional sum of fifty dollars,
provided, however, in all cases of violation that shall be in
existence at the time this act takes effect, that no penalty shall
attach until after a notice of ten days shall be given, requiring
the removal of such violation or violations.
Jurisdiction   SEC. 3S. All courts of civil jurisdiction in the city of New
of courts in
relation to York shall have cognizance and jurisdiction over all suits or
this act   proceedings herein authorized to be brought for the recovery of
any penalty, and the enforcement of any of the several provisions
of this act; and any court of record in said city shall have power,
at any time after the service of notice of violation, to enjoin and
restrain, by injunction order, the further progress of any violation named in this act; and all courts in which such suits of
proceedings are instituted, upon the rendition of a'verdict for
any penalty or penalties, shall give judgment for the amount of
such penalty or penalties and costs, and for the removal of such
violation or violations, and may enforce the removal of all such
violations and the collection of such penalties, by first issuing a
precept before the entry of said judgment to the superintendent
and inspectors of buildings, commanding the removal of said
violations; said violations to be removed and a return of said
precept, with the expense of such removal indorsed thereon, to
be' made in the same manner as provided for the removal of unsafe buildings, under section forty-three of this act, such expenses
thus returned to be adjusted and inserted in the entry of judgment, and said judgment collected upon execution.  But nothing in this section contained shall confer equity powers upon
any but courts of equity jurisdiction.




PREVENTION OF FIRES AND UNSAFE BUILDINGS.                    1017
SEC. 39. The notice of violation named under this act shall Noticts of
be signed by the superintendent of buildings or his deputy, and this actto b
may be served by any of the inspectors or messengers, by leaving a copy of the same with any person or persons violating, or
who may be liable under any of the several provisions of this
act, and shall contain a description of the building, premises, or
property upon which such violation shall have been put or may
exist, a duplicate copy of which, together with a notice of commencement of suit for the recovery of any or all of the penalties
herein prescribed, may be at any time thereafter filed in the
county clerk's office in the city of New York, in the same
manner as now by law provided for the filing of lis pendens, and
thereupon shall have the like effect; and any judgment recovered
upon the suit named in the notice so filed, shall be a lien upon
said property therein described, from the time of such filing, and
may be enforced against said property in every respect, notwithstanding the same may be transferred subsequent to the filing of
said notice.
SEC. 40. Any and all persons who, after having been person- Pulshment.
ally served with the notice of violationl  as hereinbefore prescribed, shall fail to comply therewith, and shall continue to
violate any of the several provisions of this act, or who shall be
accessory thereto, shall be guilty of a misdemeanor, punishable
by fine or ilprisonment; and upon complaint made before any
police justice, or any court of criminal jurisdiction within the
city of New York, shall be arrested and held to bail by said j ustice or said court; and, upon conviction of such offense, shall
pay all costs of such arrest, and shall be fined in a sum not to
exceed two hundred and fifty dollars, or may be imprisoned for
a term not to exceed six months; said fine and imprisonment to
be imposed in the discretion of the court by whom said person
so arrested and held to bail shall be tried; and said criminal
courts, and the judges thereof, respectively, are hereby authorized to act and do as aforesaid.
SEC. 41. Any building or buildings, part or parts of a build- Buldngs,
zn rY~,,. ssri NMLI~~I~llt ~   bwalls, etc.,
ing, wall, walls, parts of walls, or party walls, shed, chimney, becoming
staging, or other structure, in the city of New York, that from
fire, excavation, improper erection or construction, or from any
other cause, shall at any time become dangerous or unsafe, and
endanger life or limb, may be taken down and removed or made
secure, in manner following: Immediately upon such unsafe or
dangerous             r buildig or   uildings, part or parts of a building,
wall, walls, parts of walls, or party walls, shed, chimney, staging, or structure, being so reported to any of the officers of said
department, the same shall be immediately entered upon the
docket of unsafe buildings, and the owner, or any one of the
owners, agents, lessees, or other parties having a vested or contingent interest in the same, shall be served with a notice in Notice to be
given.




1018              ACTS RELATING TO THE CITY OF NEW YORK.
writing, containing a description of the premises deemed unsafe
or dangerous, requiring the same to be made safe and secure, or
removed, as the same may be necessary, which said notice shall
require the person thus served to imlmediately certify to the
office of said department his or their assent or refusal to secure
or remove the same; and that in case of refusal or neglect so to
do, or his or their refusal or neglect to secure or remove the
same, a survey thereof will be made, at a time and place therein
named, and that in case the same shall again be reported unsafe
or dangerous, after such survey, said report will be placed before a court therein named, and a jury trial upon the allegations
and statements contained in said report will be had before said
court at a time and place therein named, to determine whether
said unsafe or dangerous building or premises shall be repaired
and secured, or taken down and removed.
Duty of per-  SEC. 42. If the person so served with notice shall certify his
sons receivmg notice. or their assent to the securing or removal of said unsafe or dangerous premises, he or they shall be allowed until twelve o'clock,
M., of the day following the service of such notice, in which to
commence the securing or removal of the same; and he or they
shall employ sufficient labor to secure or remove the same as
expeditiously as the same can be done; but upon his or their
In case of  refusal or neglect to comply with any of the requirements of
neglect.  said notice so served, then a survey of the premises named in
said notice shall be had at the time and place therein named, by
three competent persons, either practical builders or architects,
to be composed of the superintendent or deputy superintendent
of buildings, one person who shall be appointed by the American
Institute of Architects of the city of New York, and one person
to be appointed by the owner, agent, lessee, or other interested
person thus notified, upon whose refusal to appoint such surveyor, however, the said other two surveyors may make such
survey; and, in case of a disagreement, shall appoint a third person to take part in such survey, whose decision shall be final;
and a report of such survey, reduced to writing, shall constitute
the issue to be placed before the court for trial.
Report of    SEC. 43. Whenever the report of any such survey, had as
surveyor and
proceedings aforesaid, shall cite that the buildings or premises; thus surveyed,
th  are unsafe and dangerous, or in a condition endangering life and
limb, the attorney of the fire department of the city of New
York shall immediately file a note of issue with the clerk of any
court of equity jurisdiction in the city of New York, and said
clerk shall thereupon place said issue before said court, or, if in
case said court is not in session, then before a judge or justice
thereof, and said court or said judge or justice shall, at the time
designated in said notice,.proceed to the trial of said issue before
a jury, whose verdict shall be conclusive and final, and shall try
said issue without delay, giving precedence to the trial of such




PREVENTION OF FIRES AND UNSAFE BUILDINGS.                1019
issue over all others; and said court, judge, or justice shall have
power to empannel a jury for that purpose, and upon the rendition of a verdict against said party so served with notice, and
before entry of judgment, the judge or justice trying said cause
shall issue a precept out of said court, directed to the superintendent of buildings and inspectors appointed under this act,
citing said verdict, and commanding them  to forthwith repair
and secure, or cause to be repaired and secured, or take down
and remove, or cause to be taken down and removed, as the
same may be, in accordance with said verdict, said unsafe or
dangerous building, buildings, part or parts of a building, wall,
walls, parts of walls, party walls, shed, chimney, staging, or
structure, or other premises that shall have been named in said
notice; and shall immediately thereupon proceed to execute and
enforce the commands of said precept, and may employ such
labor, and furnish such materials, as may be necessary for that
purpose, the expense of which, together with the costs of such
survey, and an allowance of twenty dollars costs of said trial
added thereto, to be indorsed upon said precept, shall be a
charge against the owner or owners of said premises, and a lien
against the same, and shall be collected as hereinafter provided;
and after having so done, said officers shall make return of said
precept, with an indorsement of their action thereunder, and
the costs and expenses thereby incurred, to said court; and
thereupon, said court or a judge or justice thereof shall tax and
adjust the amount indorsed upon said precept and insert the
same in the judgment roll in said action or proceeding, and the
amount of said judgment shall be a lien upon said property, and
shall be collected upon execution, by the sheriff of the city and
county of New York.
SEC. 44. Provided, nevertheless, that immediately upon the Proviso.
issuing of said precept, the owner or owners of said building
or premises, or any party interested therein, upon application
to said superintendent of buildings, shall be allowed to execute
and enforce the commands of said precept, at his or their own
proper costs and expenses, provided the same shall be done immediately, and in accordance with the requirements of said precept, upn the payment of all costs incurred up to that time.
And it is further provided, that in case no person having an
interest in said unsafe or dangerous buildings, walls, or premises
can be found, after diligent search, within twenty-four hours
after said premises shall have been entered upon the docket of
unsafe buildings, upon whom  to serve said notice, then said
notice may be served by posting the same in some conspicuous
place upon the said premises, which shall be deemed a personal
notice to all parties having any interest therein.
SEC. 45. There is hereby created in the city of New York, Department
under and subject to the charter of said city, an executive de- etc.,createc.




1.020            ACTS RELATING TO THE CITY OF NEW  TORK.
partment, to be known and designated as the " Department for
the survey and inspection of buildings in the city  of New
York," which shall have charge of enforcing the several provisions of this act, and this department shall also perform  all
the duties and possess all the powers heretofore performed
and possessed by the fire wardens of the city of New York.
And said department shall be provided with office room and all
the necessary supplies for the proper transaction of its business,
in the same manner as now  provided for other executive departments in said city.
Superintend-  SEC. 46. The chief officer of said department shall be called
ings.    the " superintendent of buildings," who shall be qualified for
such position as hereinafter provided, and who shall be appointed
by the mayor of said city, by and with the advice and consent
of the board of supervisors in said city, onor before the first
day of MBay, eighteen hundred and sixty-two, and he shall hold
office for the term of four years, or until his successors shall take
office, but may be sooner removed, for malfeasance, incapacity,
or neglect of duty by the mayor, with the concurrence of
said board of supervisors.   He shall be ex-oficio a member of
the board of trustees of the New York fire department, but
shall hold no other office in said board of trustees.  And the
superintendent of buildings shall appoint, as subordinate officers
under said department, a deputy superintendent of buildings,
eight inspectors of buildings, a clerk, and a messenger, all of
whom shall hold office for the term  of four years, but may be
sooner removed by said superintendent, for malfeasance, incapacity, or neglect of duty; and any position held under this act,
upon becoming vacant flom  any cause, shall be filled in the
same manner as herein provided.
Qualificatin   SEC. 47. All the officers under said department, except the
clerk and messenger, shall be either practical architects, house
carpenters, or masons, and before their appointment shall each
pass an examination before a committee on examination appointed by the American Institute of Architects in said city,
and shall furnish a certificate of such examination, signed by
said committee, certifying to their knowledge and competency
to perform all the duties of such office; and in addition to such
qualifications, the superintendent, deputy superintendent, and
one half in number of the inspectors shall be exempt firemen
of the fire department of the city of New  York.  And the
superintendent, in addition to such qualifications, shall also have
been engaged in conducting or carrying on business as an architect, house carpenter, or mason, at least seven years, of which
he shall make oath before said mayor.
Dty of Su   SEC. 48. It shall be the duty of the superintendent of buildings to sign all " certificates" and " notices," required to be




PREVENTION OF FIRES AND UNSAFE BUILDINGS.                    1021
issued under this act; to m]ake return of violations to the attorney of the New York fire department for prosecution; to
have kept, in proper books for that purpose, a register of all
transactions in said department; to submit to the mayor and
common council, once in every six months, a detailed statement
of said transactions; to return quarter-yearly, to the board of
trustees of the New  York fire department, a statement under
oath of all the transactions of said department in detail, and
perform such other duties as are herein required of him, and he
shall have a general supervision and direction over the officers of
said department.
SEc. 49. It shall be the duty of the deputy superintendent of Duty of de.
puty super,
buildings to examine all buildings whereon violations are re- intendet.
ported, and all buildings reported dangerous or damaged by fire,
and make a written report of such examinations to the superintendent, with his opinion relative thereto; to examine all
buildingss under application  to raise, enlarge, alter, or build
upon, and report to the superintendent the condition of the
same, with his opinion relative thereto, and in the absence of the
superintendent he shall be empowered to act, with all the powers
enjoyed and possessed by said superintendent.
SEC. 50. The inspectors of buildings shall be under the Inspector ot
direction of the superintendent and deputy, and shall attend all
fires occurring in their respective districts, and report to the
chief engineer, or assistant engineers present, all information
they may have relative to the construction and condition of the
buildings or premises on fire, and the adjoining buildings,
whether the same be dangerous or otherwise, and report in
writing, to said department, all such buildings danaged by fire
or otherwise, with a statement of the nature and amount of such
damages, as near as they can ascertain, together with the street
and number of such building, the name of the owners, lessees,
and occupants, and for what purpose occupied; and said inspectors shall examine all buildings in course of erection, alteration,
and repair, throughout their respective districts, at least once
every day (Sundays and holidays excepted), and shall report in
writing, forthwith to the deputy superintendent, all violations of
any of the several provisions of this act, together with the street
and number of the building or premises upon which violations
are found, and the names of the owners, agents, lessees, occupants, builders, masons, carpenters, roofers, furnace builders,
and architects, and all other matters relative thereto, and shall
report, in the same manner, all new buildings in their respective
districts, and the clerk and messenger shall each perform such
duties as may be assigned them by the superintendent or deputy.
All the officers appointed under this act shall, so far as may be
necessary for the performance of their respective duties, have the
right to enter any building or premises in said city.




1022             ACTS RELATING TO THE CITY OF NEW YORK.
Salary     SEC. 51. The officers under said department shall receive an
annual salary, payable in equal monthly parts, as follows: the
superintendent of buildings in the sum  of two thousand five
hundred dollars; the deputy superintendent of buildings in the
sum of two thousand dollars; the inspectors of buildings in the
sum of one thousand dollars each; the clerk in the sum  of nine
hundred dollars; the messenger in the sum  of eight hundred
dollars; and shall each (except the clerk and messenger), before
entering upon the discharge of their respective duties, execute
to the corporation, a bond conditioned for the faithful performance of their respective duties, in the penal sum in amount
twice that of their respective salaries, with such sureties as shall
be approved of by the comptroller of said city.
Procceding   SEC. 52. All suits or proceedings instituted for the enforcein suits regulated.   ment of any of the several provisions of this act, or for the
recovery of any penalty thereunder, shall be brought in the
name of the fire department of the city of New York, by the
said attorney, under the direction of the board of trustees of said
fire department, and it shall be the duty of said attorney to take
charge of the prosecution of all such suits or proceedings, in the
same manner as now provided for the prosecution of violations
of corporation ordinances, and for that purpose shall have the
same power as the corporation attorney, collect and receive all
moneys upon judgment, suit, or proceedings so instituted, pay
all necessary costs and disbursements thereon, and, upon payment of judgment and removal of violations thereunder, execute
satisfaction thereof; he shall keep a correct and accurate register
of all such suits and proceedings, and an account of all moneys
received and paid out thereon, and shall quarter-yearly render
an account of such suits, proceedings, and moneys, to the board
of trustees of the fire department of the said city, and shall
thereupon pay over the amount of all such penalties, when
collected, to the treasurer of the fire department of the city of
New York, for the use and benefit of said fire department.
Ibid.     SEC. 53. No suit or proceedings commenced, or penalty incurred, for any violation under this act, or fine or penalty recovered upon judgment, shall be discontinued, compromised, or
remitted, except by an order of the court, or judge or justice
thereof, having jurisdiction over the same; and said court,
judge, or justice shall have discretionary power so to do, in
whole or in part, upon the joint application of the party aggrieved, said attorney and the trustees of said fire department,
upon a sworn petition of the party aggrieved, setting forth the
grounds of such application.
Tax to pay  SEC. 54. The board of supervisors in the county of New York
salaries.
shall, for the year eighteen hundred and sixty-two, and annually
thereafter, raise and collect, by tax upon the real and personal




PREVENTION OF FIRES AND UNSAFE BUILDINGS.                  1023
property taxable within the city of New York, such sum  of
money as shall be requisite and necessary to pay salaries provided for under this act; such sum  of money, when collected,
shall be paid into the treasury of the city of New York, and
shall be disbursed to the several officers under this act, as they
shall be entitled thereto.
SEC. 55. Chapter four hundred and seventy of the laws of epeal.
the state of New York, for the year eighteen hundred and sixty,
entitled "An act to provide against unsafe buildings in the city
of New York," and all other acts or parts of acts inconsistent
with the several provisions of this act, are hereby repealed; but saving
such repeal shall not affect any suit, prosecution, or proceeding clause
commenced, or penalty or forfeiture incurred, or oftense committed, previous to the time when this act shall take effect; but
every such suit, prosecution, or proceeding may lawfully proceed, and every such offense be prosecuted and punished, as if
the said laws and parts of laws hereby repealed had remained
in full force.
SEC. 56. This act shall take effect on the first day of May
next, and the common council of the city of New York shall
publish this act once a week in every paper employed by said
common council, from the time of its passage until said first
day of May.




PUBLIC ADMINISTRATOR.
REVISED STATUTES, PART II, CHAPTER VI, TITLE VI.
ART. I.-Of the Public Administrator in the City of New  Yorc.
SEC. 1. How appointed, and the tenure of his office.
2. Oath of office to be taken, and bond to be executed by him.
3. His commission, how accounted for and paid: his salary.
4. Cases in which he is authorized to act.
5. Authority not to extend to certain cases.
G. In certain cases, not to interfere without order of surrogate.
7. Upon what proof, order to be granted.
8. When subpoena to be issued by surrogate, to discover concealed effects.
9. If surrogate be absent, certain other officers may issue subpoena.
10. Subpoena, how served and enforced.
11. Witness appearing, to be sworn and examined.
12. When warrant to issue, to seize effects concealed or withheld.
13. Warrant may be stayed by giving a bond: its conditions.
14. Duty of health officer respecting effects at the quarantine.
15. When perishable property taken by public administrator may be sold.
18. When to give notice of application for letters of administration.
17. Notice, how to be served and published.
13. Persons interested may appear and contest the granting of letters.
19. When letters to be granted to executor, or widow, or relative.
20. Upon granting such letters, authority of public administrator to cease.
21. Previous expenses to be deducted from assets, and balance to be paid to executor.
22. If there be not sufficient assets to pay expenses, to be paid by executor, &c.
23. When letters of administration to be granted to public administrator.
21. In what cases public administrator to give notice that he will administer.
25. How such notice is to be served and published.
20. Affidavit of having undertaken administration, &c., to be filed.
27. Public administrator from thenceforth to administer on the estate.
28. Powers of public administrator before letters granted or affidavit filed.
29. In certain cases notices to be served on foreign consuls.
30. If lawful executor, &c., appear, assets to be delivered to him, after deducting
expenses.
31 and 32. Cases in which powers of public administrator shall be superseded.
33. When so superseded, to deliver over assets, after making certain deductions.
34. Suits commenced by public administrator, may be continued by his successor.
35. The rights and powers of public administrator on any estate enumerated.
36. To deposit moneys received by him in certain bank.
37. Moneys deposited, how to be drawn out.
33. Advances, not exceeding fifty dollars, may be made to relatives.
39. Account of public administrator to be annually exhibited on oath.
40. Account to be published in New York and in state paper.
41. Penalty for not accounting or not publishing account.
42. Corporation of New York to be responsible for conduct of public administrator.
43. And for moneys received and stock transferred; remedy of persons aggrieved;
corporations may make regulations, &c.
44. On resignation, &c., of public administrator, papers, &c., to be delivered to his
successor.
45. Keepers of boarding-houses, &c., to report death of transient persons; penalty
for neglect.
43. Penalty not to be recovered without proof of notice of last section.




PUBLIC ADMINISTRATOR.                           1025
SEC. 1. The mayor, aldermen, and commonalty of the city of oew apI                                           pointed, etc.
New York, in common council convened, from  time to time,
and as often as a vacancy in the office shall occur, may appoint
a competent person to be the public administrator in the city
of New York, who shall hold his office during the pleasure of
the said common council. (1)
SEC. 2. Before entering upon the duties of his office, the per- Oath and
son so appointed shall take the oath prescribed by the constitution, and shall execute a bond, with such sureties as shall be
approved by the mayor or recorder of the said city, to the
mayor, aldermen, and commonalty thereof, in the penal sum of
ten thousand dollars, conditioned for the faithful discharge of all
duties enjoined on him  by law, and particularly, that he will
account for, and pay over all moneys and property that may
come to his hands as such administrator, according to law.
SEC. 3. The public administrator shall retain a commission, Commissions
over and above all expenses, upon all moneys that shall come ad sala
into his hands, at the rate of five dollars upon the hundred dollars, upon all sums received from any one estate, not exceeding
two thousand five hundred dollars; and upon all sums so received, exceeding that sum, at the rate of two dollars and fifty
cents upon every hundred dollars; which  sums may be so
retained in preference to any debts or claims, excepting funeral
charges.  The moneys so retained shall be accounted for, and
paid by him, into the treasury of the city of New York.  He
shall be allowed and paid, quarterly, such salary for his services
as the common council of the city shall prescribe, not less than
one thousand two hundred and fifty dollars annually.
SEC. 4. In the right of his office, he shall have authority to Ii authori
collect and take charge of the goods, chattels, personal estate,
and debts of persons dying intestate, and for that purpose, to
maintain suits as public administrator, as any executor might
by law, in the following cases:
1. Whenever any person shall die intestate, either \vithin this
state, or out of it, leaving any goods, chattels, or effects within
the city and county of New York.
2. Whenever any goods, chattels, or effects of any person, who
shall have died intestate, shall arrive within the said city and
county after his death.
3. Whenever any person, coming from any place out of this
state, in a vessel bound to the port of New York, and arriving
at the quarantine, near the city of New York, shall there die
(1) By the amended charter of 1857, the public administrator is made the head of a
bureau in the law department, and is to be appointed by the counsel to the corporation.
65




1026             ACTS RELATING TO THE CITY OF NEW  YORK.
intestate, and shall leave any effects either at the said quarantine, or in the city of New York, or elsewhere.
4. Whenever any effects of any such person so arriving and
dying intestate at the said quarantine, shall, after his death,
arrive either at the said quarantine or within the city of New
York.
5. Whenever any person, coming from  any place out of this
state, in a vessel bound to the port of New York, shall die intestate on his passage, and any of his effects shall arrive at the
said quarantine.
In all the preceding cases, intestacy  shall be presumed,
until a will shall be proved, and letters testamentary be granted
thereon.
Suth  riEC. S.  But the last section shall not confer on the public
administrator any authority in respect to the estate of any person not a citizen of this state, dying out of this state, or on
board any foreign vessel within the harbor of New York,
unless,
1. Such person shall have landed within the city and county
of New York, or at the quarantine near the said city: or,
2. Unless the effects of such person, or some part of them,
shall have been so landed; and when any effects of such person
shall have been so landed, the authority of the public administrator shall extend to such effects only.(l)
Order of sur-  SEC. 6. Whenever there shall be any widow, or next of kin
necesary. of any such intestate, entitled to a distributive share in his
estate, residing in the city of New York at the time of his,death, the public administrator, upon receiving notice of such
fact, shall not have any authority to interfere with the effects
of the deceased, until he shall have obtained an order from  the
surrogate of the city and county of New York to take charge
thereof
When order  SEC. 7. S.ch order may be granted by the surrogate, upon the
to be grant-'ed.     application of the public administrator, and upon due proof
being made to him, by affidavit, that the effects of the deceased
are in danger of waste or embezzlement, or that for any other
reason it would be for the benefit of the estate to have the
same, or any part thereof, seized and secured.
ubpoena to  SEC. 8. Whenever, in any of the cases in which the public
discover
concealed  administrator is authorized to take charge of the effects of any
efects.   intestate, any goods, chattels, credits, or effects of the deceased,
or of which he had possession at the time of his death, or with(1) Act of April 21, 1828, p. 415.




PUBLIC ADMINISTRATOR.                            1027
in twenty days previous thereto, shall not have been delivered
to the public administrator, nor accounted for, satisfactorily, by
the persons who were about the deceased in his last sickness, or
in whose hands the effects of the deceased, or any of them, may
be supposed at any time to have fallen, the public administrator
may institute an inquiry concerning the same; and upon satisfying the surrogate of the city and county of New  York, by
affidavit, that there are reasonable grounds for suspecting that
any such effects are concealed or withheld, he shall be entitled
to a subpoena to be issued by the surrogate under his seal of
office, to such persons as the said public administrator shall
designate, requiring them to appear before such surrogate, at
the time and place therein to be specified, for the purpose of
being examined touching the estate and effects of the deceased.
SEC. 9. If the surrogate be absent from the city of New York, iscver t
such application for a subpoena, may be made to any justice of oncsaled
the supreme court, elected for the district, to the first judge
of the court of common pleas of the said city and county, or
to the mayor or recorder of the said city, either of whom is
hereby authorized to issue such subpoena, under his hand and
private seal, in the same manner as the surrogate.  [As modified
1849, c/. 30.]
SEC. 10. Such subpoena shall be served in the same manner as How served
in civil causes, and if any person shall refuse or neglect to obey 
the same, or shall refuse to answer touching the matters hereinafter specified, he shall be attached and committed to prison, by
the said surrogate or other officer so issuing such subpoena, in
the same manner as for disobedience of any citation or subpoena
issued by a surrogate in any case within his jurisdiction.
SEC. 11. Upon the appearance of any person so subpoenaed Examination
before such surrogate or other officer, he shall be sworn truly of witnes
to answer all questions concerning the estate and effects of the
deceased, and shall be examined fully and at large, by the public
administrator, in relation to the said effects.
SEc. 12. If, upon any inquiry, it shall appear to the officer warrant,
when to is.
conducting the same that any effects of the deceased are con-  t 
cealed or withheld, and the person having the possession of such
property shall not give the security in the next section specified,
for the delivery of the sale, such officer shall issue his warrant,
directed to the sheriff, marshals, and constables of the city or
county where such effects may be, commanding them to search
for and seize the said effects, and for that purpose, if necessary,
to break open any house in the'daytime, and to deliver the
said property so seized to the public administrator, which warrant shall be obeyed by the officers to whom the same shall be
directed and delivered, in the same manner as the process of a
court of record.




1028             ACTS RELATING TO THE CITY OF NEW YORK.
Bond to stay   SEC. 13. But such warrant shall not be issued to seize any
wvarrant. 
property if the person in whose possession such property may
be, or any one in his behalf, shall execute a bond, with such
sureties, and inl such penalty as shall be approved by the surrogate, or other officer acting in his place, to the public administrator in the city of New  York, conditioned that such
obligors will account for and pay to the said public administrator the full value of the property so claimed and withheld (and
which shall be enumerated in the said condition) whenever it
shall be determined in any suit, to be brought by the public administrator, that the said property belongs to the estate of any
deceased person, which the administrator has, by law, authority
to collect and preserve.
Duty of    SEC. 14. Whenever any effects of a deceased person, of which
health officer
in certain  the public administrator is authorized to take charge, shall be at
"ase'    the quarantine at the time of the death of such person, or shall
arrive there afterwards, it shall be the duty of the health officer,
or his deputy, whichever shall be present, to secure the said
effects from waste and embezzlement, and immediately to give
information of such e-fects to the public administrator, to cause
an inventory or account thereof to be taken, and to deliver the
same to the said public administrator, unless the said property
be of such a description as ought not to be removed, or may
be ordered to be destroyed under the laws concerning the public health.
Perishable    SEC. 15. If any property taken into the charge of the public
property.  administrator shall be in a perishing condition, he may immediately sell the same at public auction, on obtaining an order
for that purpose from the surrogate of New York, which shall
be granted on due proof of the fact.
Notice,when  SEC. 16. If the property of any intestate, of which the public
to be given.
1 Barb., Ch. administrator is authorized to take charge, shall exceed in value
304.    the sum of one hundred dollars, he shall immediately give notice
of his intention to apply to the surrogate of New  York for
letters of administration upon the estate  of such intestate,
specifying the time and place when such application will be
made.
How served  SEC. 17. Such notice shall be served personally on the widow
nd publish- and the relatives of the intestate entitled to any share in his
estate, if there be any to be found in the city of New York, at
least thirty days before the time therein specified. If there be
none to be found in the said city, and in all cases where the
notice shall not have been personally served, it shall be published at least twice in eachweek, for four weeks, in some newspaper printed in the city of New York.
SEc. 18. At the time specified in such notice, any person




PUBLIC ADMINISTRATOR.                        1029
interested in the estate of the deceased, may appear and con- Granting of
letters may
test the granting of letters of administration to the public bocontested.
administrator, and shall be entitled to subpoenas to compel the
attendance of witnesses, on such hearing.
SEC. 19. If it shall appear that the deceased has left any will when wideo
of his personal property, by which any executor is appointed o relative
entitled to
who is competent, and qualified according to law to take upon letters.
him the execution of such will; or if it shall appear that there
is a widow, or any relative of the deceased entitled to a share in
his estate, willing, competent, and qualified according to law to
take letters of administration, with the will annexed, if there
be one, or to take letters of administration, if there be no will,
then letters testamentary shall be granted to such executor, or
letters of administration shall be granted to such widow  or
relative, as in other cases.
SEC. 20. Upon such letters testamentary or letters of admin- Effectofsuch
istration being granted, all control and authority of the public letters
administrator over the estate of the deceased shall cease, and
every order that may have been previously granted to him, in
relation to the estate, shall be revoked.
SEC. 21. The expenses incurred by the public administrator, Previous exin all necessary measures for securing and guarding the effectss pd.
of the deceased from  waste and embezzlement, of serving and
publishing the notice aforesaid, and of obtaining any necessary
order from the surrogate, and of executing such order, shall be
taxed and allowed by the surrogate, and may be retained by
the public administrator out of any moneys or effects of the
deceased in his hands, and the residue thereof, shall be delivered
by him to the executor or administrator so allowed or appointed, without any abatement or deduction for commissions, or for
any other charges than such as shall have been so allowed and
taxed.
SEC. 22. If there shall be no moneys or effects of the deceased bid.
in the hands of the public administrator, to pay such expenses,
the same, after being allowed and taxed, shall be paid by the
executor or administrator so appointed, in preference to all
other debts or claims, except funeral charges, and the public
administrator may maintain an action therefor in his own name.
SEC. 23. If no executor be allowed, and no letters testament- Letters,
when to be
ary, or of administration, be granted by the surrogate, to any granted to
other person, at the time specified for hearing the application, miistrator.
or at such other times as shall have been appointed, then, unless
it appear that letters testamentary or of administration, have
already been granted on such estate, the surrogate shall grant
letters of administration thereon, with the will annexed, or
otherwise as the case may require, to the public administrator;




1030              ACTS RELATING TO THE CITY OF NEW YORK.
briefly stating that administration of the goods, chattels, credits,
and effects of the deceased, has been granted to him according
to law; which letters, the record thereof, and a transcript of
such record, duly certified, shall be conclusive evidence of the
authority of the said public administrator, in all cases in which
he is authorized by law to act.
Xotice of ad-  SEC. 24. If the property of any intestate of which the public
when to be administrator is authorized to take charge be worth a sum  not'given    exceeding one hundred dollars, he may immediately give notice,
briefly stating that the effects of the deceased, naming him,
with his addition, in the hands of the public administrator, will
be administered and disposed of by him according to law, unless
the same be claimed by some lawful executor or administrator
of the deceased, by a certain day, to be specified in such notice,
not less than thirty days from the service, or first publication
thereof, as herein directed.
Row eerved.  SEC. 25. Such notice shall be personally served on the widow,
and every relative of the deceased who shall be residing in the
city of New York, if any can be found; and if none be found,
and in all cases where such personal service shall not have been
made, the notice shall be published once in each week, for four
weeks, in a newspaper printed in the city of New York.
ffidavit,    SEC. 26. If, at the time appointed in such notice, no claim to
tc  the effects of the deceased shall have been made by any lawful
executor or administrator, the public administrator shall make
and file in the office of the surrogate of the city and county of
New York, an affidavit, stating the value of the property and
effects of the deceased, the service and publication of the notice
by him, as above directed, and that no claim  has been made
according to law, and that he has taken upon himself the
administration of the estate of the deceased.
Effet ffid   SEC. 27. Upon filing such affidavit, the public administrator
vit.    shall be vested with all the rights and powers, and subject to
all the duties of an administrator of the estate of the deceased,
in the same manner as if letters of administration had been
granted. Such affidavit, and a duly certified copy thereof, shall
be presumptive: evidence of the facts therein contained, and that
administration of the estate of the deceased has been committed
to the public administrator, according to law.
Powerst of    SEC. 28. Until letters of administration shall be granted to
tor before  the public administrator, or until an affidavit shall be filed by
ltte, t. him as above directed, he shall not proceed in the administration of any estate, further than to pay funeral charges of the
deceased, to take possession of and secure his effects, as herein
before authorized, to sell such of them  as shall be perishable,
and to defray the expenses of such proceedings, and of serving
c  ",   J'''   3~~~




PUBLIC ADMINISTRATOR.                            1031
and publishing notices, and of taking out letters of administration.
SEC. 29. Whenever the deceased, of whose estate the public Noticos to be
given to for.
administrator is authorized to take charge, shall be a foreigner, eign consuls.
and shall not have become naturalized, or taken any steps for
that purpose, it shall be the duty of the public administrator to
serve upon the consul of the nation to which the deceased
belonged, if any there be in the city of New York, the notice
of his intention to apply for letters of administration, and of his
intention to administer, hereinbefore specified, in the same manner as they are herein directed to be served upon the widow or
relative of the deceased.
SEc. 30. If any lawful executor or administrator shall appear Assets to be
to claim  the effects of the deceased, at any time before the le,,,l tele,,
lawful exetpublic administrator becomes vested with the power of admin- cutor, etc
istering such effects, he shall, on producing the letters testamentary, or of administration, be entitled to receive the goods
and effects of the deceased in the hands of the public administrator, after deducting the charges specified in the preceding
twenty-first section, to be allowed and taxed by the surrogate,
as therein directed.
SEC. 31. The powers and authority of the public adminis-rowers. or
trator, in relation to the estate of any deceased person, shall be   istrator,'
superseded in the three following cases:.suer
1. Where letters testamentary shall be granted to any executor of a will of any deceased person, either before or after the
public administrator shall have taken letters, or become vested
with the powers of an administrator upon such estate.
2. Where letters of administration of such estate shall have
been granted to any other person, before the public administrator became vested with the powers of an administrator, upon
the same estate.
3. Where letters of administration shall be granted upon such
estate, by any surrogate having jurisdiction, at any time within
six months after the public administrator became vested with
the powers of an admninistrator upon such estate.
SEC. 32. If any relative of the deceased, entitled to adminis- Ibid.
tration on his estate, being competent and qualified according to
law, shall, within three months after the public administrator
has become vested with the powers of an administrator on such
estate, apply to the surrogate of New York for letters of administration, the same shall be granted to him, upon proof to the
surrogate that the applicant did not reside in the city of New
York, at the time of the death of the intestate; or that, residing
in the said city, no notice was served on him as herein required.




1032             ACTS RELATING TO THE CITY OF NEW YOIRK.
Assets to bo  SEC. 33. Upon notice being given, to the public administrator,
delivered.
of the granting such letters testamentary, or letters of administration, in either of the cases aforesaid, by producing to him
duly attested copies thereof, his powers and authority in relation
to such estate shall cease; and he shall deliver over to the
executor or administrator so appointed, the property, moneys,
and effects in his hands, belonging to the said estate, after
deducting his commissions on the moneys received by him, at
the rate hereinbefore allowed, and the expenses incurred by him
in the preceding twenty-first section specified, to be allowed and
taxed as therein directed.
Suits not to  SEC. 34. No suit that shall have been commenced by the
abate public administrator shall abate on account of his authority
having ceased for any cause; but the same may be continued
by his successor, or the executor or administrator of the deceased,
who shall succeed him  in the administration of the estate, in
relation to which such suit shall have been brought.
Rights, pow-  SEC. 35. Whenever the public administrator shall become
e's, aud  duties opubic vested with the right of administering upon any estate as
aodni'tr.- herein provided, he shall possess the following rights and
powers, and be subject to the following obligations:
1. He shall have all the rights, powers, and authority given
by law to any administrator, except so far as the same may be
qualified by the succeeding provisions.
2. He may, like any other administrator, sue and be sued;
and he may plead the general issue in any action against him,
and give the special matter of his defense, in evidence under that
plea.
3. He shall make and return an inventory in all cases, in the
same manner and within the same time as is required by law of
other administrators; and the same proceedings may be had to
compel such return:
4. He may sell the personal property of the deceased at public auction, after publishing notice thereof three days, daily, in
a newspaper in the city of New York; but he shall not sell any
property exceeding five hundred dollars in value, without having
given such notice daily for fourteen days.
5. He shall not sell any public stock, or stock in any incorporated company, unless for the payment of debts, and on the
order of the surrogate, to be duly entered in his records.
G. In all cases where the estate of any deceased person in his
hands shall exceed the value of two hundred and fifty dollars,
he shall give notice to the creditors of the deceased, to exhibit
their claims, by a publication once in each week for eight weeks,
in a newspaper printed in the said city, and in the state paper.




PUBLIC ADMINISTRATOR.                            1033
7. I-He may, in his discretion, proceed, as other administrators
are allowed by law, to compel creditors to exhibit their claims,
and with the like effect in all respects.
8. He shall adjust and pay all demands against the estate of
the deceased in the same manner as other administrators; and,
like them, may refer all disputes respecting such demands.
9. One year after he shall have become vested with the right
of administering upon any estate, he shall account on oath to
the surrogate of New York for all assets of such estate received
by him, and for the application thereof; and the same proceedings may be had to compel such account as are provided by
law in the case of administrators.
10. He may, in his discretion, proceed, as other administrators
are allowed by law, after the expiration of twelve months, from
the time he became vested with the powers of an administrator on any estate, to have a final settlement of his accounts in
relation to such estate, and with the like effect.
11. In the settlement of his accounts he shall not be allowed for any payments made by him, unless, in addition to the
other vouchers therefor, it shall appear that the same were made
on a joint check, signed by himself and the comptroller of the
city of New York, upon the bank in which his deposits are required to be made; excepting that he may be allowed for current expenses authorized by law, not to exceed twenty dollars
in any one case.
12. In the settlement of his accounts he shall not be allowed for any demand which he may have against the estate of
the deceased, unless such demand was specified in writing to the
surrogate at the time of applying for letters of administration,
or at the time of filing the affidavit herein required to vest him
with the rights of an administrator, nor unless it shall appear
that he had such demand, or that his responsibility, on which it
may be founded, existed previous to the death of the person
against whose estate it may be exhibited.
13. He shall pay all legacies and shares of the estate of the
deceased, according to the decrees of the surrogate.
14. The balance of any moneys remaining in his hands on the
adjustment of his accounts shall be paid into the treasury of the
city of New York; and he shall transfer and deliver to the corporation of the said city, all public stocks, and all stock in any
incorporated company, belonging to the estate of the deceased.
SEC. 36. The public administrator shall deposit all moneys by Depositof
him  collected and received, within two days after the receipt moy
thereof, in such bank as the common council of the said city
shall designate, to the joint credit of himself and the comptroller of the city of New  York, excepting so much as may be ne



1034             ACTS RELATING TO THE CITY OF NEW YORK.
cessary to pay the current expenses of any proceedings author-'
ized by law, which shall be allowed by the surrogate of New
York, and shall not exceed twenty dollars in any one case.
oUt drawn  SEC. 37. The moneys so deposited shall be drawn out only on
the joint check of the public administrator and the said comptroller, in the cases where by law the public administrator is required to pay out moneys.  The comptroller shall preserve a
register of all checks signed by him, as a part of the documents
of his office.
Advances to  SEC. 3S. The public administrator may, at any time, advance
relatives.
to any relative of the deceased, such portion of the share of any
estate to which he may be entitled, not exceeding fifty dollars,
as in the opinion of the surrogate may be necessary for the support of such relative.
^Anua. ac-   SEC. 39. The public administrator shall exhibit to the comcount of pubic adminis- mon council of the city of New York, on the first day of January in each year, or within fourteen days after that day, a
statement, on oath, of the moneys received by him for commissions and expenses, and of the total amount of his receipts and
expenditures, in each case in which he shall have taken charge
of and collected any effects or in which he shall have administered on any estate, during the preceding year, with the name
of the deceased, his addition, the place of his residence at the
time of his death, if the same be known, and the country or
place from which he came, if he was not a resident of this state
at the time of his death.
To be pub-  SEC. 40. The public administrator shall cause the said stateished ment to be published for three weeks, daily, in a newspaper in
the city of New  York, and twice in each week in the state
paper; the expense of which shall be deducted by him from
the balance in his hands, payable to the city treasury.
Penay for  SEC. 41. If any public administrator in the city of New
omissions.
York shall neglect to render or to publish such statement, as
herein before required, he shall forfeit five hundred dollars, to be
recovered by the attorney-general, for the use of this state; and
on such recovery being had, he shall forfeit his office, and be
thereafter incapable of being appointed to the same.
Responsibili-  SEC. 42. The mayor, aldermen, and commonalty of the city
rttiofns   of New York, shall, in all cases, be responsible for the application of all moneys received by the public administrator, according to law, and for the due and faithful execution of all the
duties of his office.
Ibid.     SEC. 43. The said corporation shall also be answerable for all
stock transferred by the public administrator, and the dividends




PUBLIC ADMINISTRATOR.                            1035
received thereon, and for all moneys paid into the city treasury
by him, or which ought to be so transferred or paid in according
to law, after deducting therefrom the commissions allowed by
law; but not for any interest on such moneys, or dividends on
stock. All persons who shall be entitled to receive such moneys
and stock, as creditors, legatees, or relatives of the deceased,
and all persons aggrieved by any unauthorized acts or omissions of the public administrator, shall have the same remedies
against the said corporation for the same as they would have
against any executor. [It shall and may be lawful for the common council of the said city to  give such directions, and to
make such rules and regulations for the government of the said
public administrator, as they may from time to time deem necessary and proper to carry into effect the provisions of said article;
and it shall be his duty faithfully in all things to conform to the
same.  1829, ch. 148, sec. 2.]
SEC. 44. Whenever the public administrator shall resign, or Papers, etc.,
be removed from his office, he shall immediately deliver over all ered to suc
papers, money, and effects in his hands to his successor; and in cesor'
case of the death of such officer, the persons into whose custody
or possession any such papers, money, or effects may come shall,
on demand, deliver the same to the successor duly appointed.
Such delivery may, in either case, be enforced in the manner
provided in chapter fifth of the first part of the Revised Statutes,
in relation to public officers.
SEC. 45. Every person keeping a boarding or lodging-house Death of
transient
the city of New  York, shall report in writing to the public persns to
administrator, the name of every transient person who shall die be repoted.
in his house, within twelve hours after such death.  Whoever
shall neglect to comply with this provision, shall forfeit one
hundred dollars, to be sued for, and recovered by, and in the
name of the public administrator, the one moiety thereof to Ilis
-.own use, and the other moiety to the use of the corporation of
the said city.
SEC. 46. The public administrator in New York shall cause a Penalty for
neglect,
copy of the last section to be left at every boarding and lodging- wihen to be
Zn    recovered.
house in the city of New York, at least once in each year; and
he shall not be entitled to recover of any person the penalty
given by the last section, without due proof of the service of a
copy of that section, personally, on the defendant, previous to
the neglect for which such suit may be brought, and within one
year before the commencement of such suit. (1)
(1) The provisions of this article are compiled from the Laws of 1815, p. 161, and
Laws of 1821, p. 187, with additions and variations.




1036              ACTS RELATING TO THE CITY OF NEW  YORK.
PUBLIC CHARITIES AND CORRECTION.
1S60.  CHAPTER  DX.
AN  ACT to create in the City and County of New York the Department of Public Charitics and Correction, and to abolish the
Alms-House  Department therein.-Passed April 17, 1860,
" three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows
Chief ofricers SEC. 1. There is hereby created in the city and county of,to cou   Nefw York the department of public charities and correction.
The chief officers thereof shall be four in number, and shall be
denominated commissioners of public charities and correction.
Comptroller   SEC. 2. Immediately upon the passage of this act, the comppointYcoin  troller of the city and county of New York shall appoint the
term of of. said four commissioners, who shall hold their offices for five
cancies   years.  Whenever a vacancy shall occur in said office of commissioner the board shall fill it for the unexpired termn  by appointment.  Iowever, in case of disagreement on the part of
said commissioners, such vacancy or vacancies shall be filled by
a majority of the judges of the superior court of the county of
New York, within thirty days from  the time of said vacancy;
and in case of the failure of said judges to perform  said duty,
the board of commissioners shall have the right to appeal to the'
judges of the court of appeals, to forthwith perform  said service, and all' appointments and removals from  office shall be
deferred until such appointment is made, and the vacancy or
Appointment vacancies filled.  Three months preceding the expiration of the
oad term of five years aforesaid, the said comptroller shall proceed to appoint
("Mice    of, successors.  four commissioners for the term of six years.  The commissionTo take oath eirs fiist appointed under this act shall immediately take oaths
of office, and file them  with the clerk of the county of New
York, and shall then commence their respective terms.
Commission   SEC. 3. The said four commissioners shall, together, constitute
ores to constitute a board a board of' control over the department hereby created.  Three
of them  shall form a quorum.  The board shall appoint o o       f
Compensa- the commissioners to be president thereof for five years.  Each
tions shall eceive an   nual                                of tree thouof the commissioners shall receive an annual salary of three thou



PUBLIC CHARITIES AND CORRECTION.                       1037
sand dollars.  From and after the twentieth day of April, one lmarhoust
thousand eight hundred and sixty, the alms-house department of abolished.
the city and county of New York, and the office of governor of
the alms-house shall be abolished, and thereupon the books, accounts, vouchers, records, and all property of whatsoever nature
then or theretofore under management or control of, or in the
keeping of the said alms-house department, or any governor or
subordinate thereof, shall be transferred to the keeping and custody of the board of control of the department of public charities
and correction hereby created, and for the use thereafter of said
department; but the said property shall forever remain and continue the property of the mayor, aldermen, and comonalty of the
city of New York, subject to the public uses of said board of
control, as aforesaid, and for the purposes provided by this act.
SEC. 4. The department hereby created, is hereby empowered o have ex~-,.' -i^   -   -J   ^ ^ n   J   i -        r  elusive    colland directed to possess and exercise full and exclusive powers for trol o all institutions
the government, management, maintenance, and direction of the nd  buildseveral institutions, and buildings, and premises, and property, ngsn fer —
and appurtenances thereto, which, immediately preceding the tro ofr,ovappointment of the four commissioners aforesaid, were under alms-house.
control of the board of governors of the alms-house, and especially of the alms-house and work-house, of the nurseries for
poor and destitute children, and of the county lunatic asylum, and
of the Potter's field, or other public burial place, of the poor and
strangers in the city and county of New York, and especially also
of the penitentiary and city prison, and various prisons, and houses
of detention in said city, which are hereby particularly designated as the institutions of the public correction and charities
provided for by this act.  But the foregoing shall not relate to
the house of refuge, nor the juvenile delinquent asylum, nor
the house of detention of witnesses, nor the county or sheriff's
jail.
SEC. 5. The department hereby created is hereby empowered iay appoint
all'  remove
by its board of commissioners and of control, as aforesaid, to and deflu
duties of subappoint and remove, or by rules provide for appointment or orinates.
removal of, such. subordinate officers as it shall see fit, for the
purpose of distributing its said powers of government, management, and direction, as aforesaid, or as hereinafter provided.  The said board may define the respective duties and
authority of said subordinates, and fix their respective designations of office, and fix their respective compensation.  And
until otherwise provided for by said board of commissioners,
under the exercise of the power of appointment and removal
aforesaid, but no longer.  The superintendents, wardens, chaplains, physicians, clerks, and other subordinates who may be in
office or place over or within the institutions aforesaid, shall
remain in office or place, and legally discharge all the duties and
fulfill all the powers necessary thereto.  And the said commis



1038              ACTS RELATING TO THE CITY OF NEW  YORK.
Tobosubject sioners respectively, and subordinate officers of the said departto the duties
and possess nment, shall generally possess every power and authority now
the authori- conferred upon, and be subject to every duty imposed upon, the
ty of governors of aims- former alms-house commissioners, or the board of ten governors.
or the individual governors of the alms-house, by any law of the
state, or by any ordinance, or by any resolution of the mayor,
aldermen, and commonalty of the city of New  York, or board
of supervisors of the county of New  York, which power, authority, and duty may affect or relate to the institutions aforesaid; or their inmates, or their officers, or the late alms-house
department of the city and county of New  York, and is not
inconsistent with the provisions of this act.
No moneys  SEC. 6. No moneys, for the purposes of the department hereby
ed by com- created, shall be expended by the board of commissioners or
missioners
unless by  under their direction or that of any individual commissioner,
aipp'pria- unless a proper appropriation therefor has been made, in the
manner now provided by law.  And no commissioner nor subordinate of the department hereby created shall ever be directly
or indirectly interested in any contract for supplies, or for any
other purpose connected with any of the institutions, or property
under control of the board of commissioners, or subordinates,
nor interested, directly or indirectly, in any arrangement by
which any pecuniary benefit shall result to him.
ersonscom-  SEC. 7. It shall be lawful to detain in the work-house, for the
mitted to
city prison purpose of employment therein, any person who shall have
may be de. IP 
tained in  been duly committed to the city prison, the penitentiary, or the
woho. * alms-house; but it shall not be lawful for vagrants, or paupers,
or the recipients of the public charities of the department
hereby created, unless they have been before convicted of crime,
to be employed in company or in association with persons committed, as aforesaid, for offenses other than intoxication, or assault and battery, not felonious.  The board of commissioners
aforesaid may transfer and commit, or cause to be transferred
and committed, from the said city prison, penitentiary, or almshouse, to the said work-house, or to any parts of Blackwell's
island as are set apart for purposes of public criminal correction
(subject to the prohibition of company and association aforesaid), the following classes of persons: persons committed for
crime; persons in the alms-house; persons applying for relief
to the department hereby created, providing their own consent
to such transfer or committal be obtained; persons committed
by magistrates as vagrants or disorderly persons.
Persons con-  SEC. 8. Every person, whose age and health will permit, shall
fined in
work-house, be employed; in getting out stone or in cultivating the grounds
phow em    under use of the department hereby created, or in manufacturing
such articles as may be required for the ordinary use of all the
institutions under the control of the said board of commissioners,




PUBLIC CHARITIES AND CORRECTION.                    1039
preparing and building sea walls around the islands or other
places upon which the said public institutions now are or may
hereafter be located, or at such mechanical or other labor as on
trial shall be found to suit the capacity of the individual.  It
shall be the duty of the department to use every proper means
to furnish convicts and paupers with suitable employment
by contract; such employment, however, not to conflict or come
into competition with any mechanical or other employment pursued by the people of this state.  And in case any convict or
pauper shall neglect or refuse to perform the work allotted to
him or her, by the person in charge, it shall be the duty of the
proper subordinate to punish such convict or pauper by confinement, by being fed on bread and water only, for such length of
time as may be considered necessary; which refusal and punishment shall forthwith be reported.to said board of commissioners.
And in case any pauper shall refuse or neglect to perform  the
work assigned to him or her on three several occasions, the
said board may expel such pauper from the alms-house.
SEc. 9. The hours of labor shall not exceed ten per day to ours of la.
each person subject to the discipline of the department, and
shall be fixed by the said board of commissioners; and the articles
raised or manufactured shall be subject to the order and placed
under the control of said commissioners.  All the grounds occupied by the department hereby created, or under the jurisdiction
of the said board of commissioners, not otherwise occupied, and
which are capable of cultivation, shall be used for agricultural
purposes, and improved in such manner as will yield the greatest revenue to the department; and the proceeds arising from
the sale of articles thus raised, shall be paid monthly into the
hands of the board of commissioners, and be by them paid over
to the city chamberlain and a memorandum thereof filed with
the department of finance of the city and county of New York.
SEc. 10. The said board of commissioners may open, in its sy opnidiscretion, an account with all paupers, committed to the said paupers.
work-house, charging them with all the expenses incurred by
the city for their board and maintenance, and crediting him or
her with a fair and reasonable compensation for the labor performed by such pauper; and at the expiration of the term of
sentence, if any balance shall be found to be due to them, may
pay the same to such pauper in cash at the time of their discharge in the discretion of the board.
SEC. 11. It shall be the duty of the said board of commis- aupers and
criminals  to
sioners to cause to be kept and employed, separate and apart be keptsepafrom each other, the paupers and criminals, and, as far as possible, rate
to cause the latter to be classified, so that the novice in crime
may not become contaminated by the evil example of, or by
association and contact with, the more hardened and confirmed.




1040              ACTS RELATING TO THE CITY OF NEW  YORK.
Requisition    SEC. 12. Each superintendent, each warden of chief officer
of subordiates to be of the several institutions under charge of the departments
i writing. hereby created, shall make his requisitions in writing, on the
said board of commissioners, for all articles deemed necessary by
the said board, to be used ifn the respective  institutions under
his charge, and shall keep an accurate account of the same.
To report  SIc. 13. Each said superintendent, warden, or chief officer,
shall, once in each week, report to the said board of commissioners, the number of persons received, transferred, sick, died, and
remaining in the respective institutions under their charge; also
the quantity and kind of labor performed; and the said board
of commissioners shall make a quarterly report thereof to the
board of supervisors of the county of New York.
Certain pau-  SEC. 14. The officer having charge of the alms-house, shall
house to bo daily send all paupers residing in the alms-house, capable of
transferred
to work-   performing any work, and not otherwise employed, to the workhouse.    house, or such other of the institutions, the city prisons and penitentiary exempted, where they shall be put at such labor as the
chief officer thereof may be authorized by the board of commissioners to direct.
Children to  SEC. 15. It shall be the duty of the officer in charge of the
ba employed nurseries to provide suitable employment for all the children
under his care, under such regulations and provisions as are
hereinbefore provided for, in reference to paupers committed, as
aforesaid.
May  mako   SEC. 16. The said board of commissioners shall be authorized
hl andbyto make, from time to time, such rules and by-laws for the
management and government of the department hereby created,
and especially of each institution, as may seem to them necessary, and which shall not be inconsistent with the provisions of
this act, nor contrary to law.
MIay add to  SEC. 17. The said board of commissioners shall, whenever the
or improve
buildings.  increase of inmates in, or the proper care and government of,
the institutions or establishments on Randall's island, or Blackwell's island, or the Bellevue hospital, under their charge, or
any other of them, shall, in their judgment, render it necessary
or expedient, have power to enlarge, add to, or alter the buildings belonging to such institutions, or any of them, and to erect
other buildings on said islands, or within the inclosure of Bellevue hospital, for the uses and purposes of said institutions, or
any one of them.  The said board of commissioners shall also
have power to lay out Potter's field, to make inclosures therein,
to build vaults therein, and to provide all necessary labor therefor, and for interments therein.  The said board of commissioners shall also have power to make all needful repairs to buildings or property under its control.




PUBLIC CHARITIES AND CORRECTION.                       1041
SEC. 18. The said board of commissioners, or any one corn- Bay apprenmissioner, shall have power to indenture and bind out, as ap-out childr
prentices, during their minority, any minor children who may be
under their care and control, by reasons of the provisions of this
act, or of any other act of this state, in the forms, and with the
provisions now prescribed by law; and the board, or any commissioner, shall have power, in their discretion, to cancel such
indentures; and they may bind out such children for the employment of farming, or any useful art or trade, to citizens of
the adjoining states.
SEC. 19. The board of commissioners aforesaid shall, annually, To make anin the month of January, in each year, make to the board of su- nual r
pervisors of the county of New York, and the legislature of the
state, a full report of their proceedings and of the condition of
the department of public charities and correction, hereby created, and of all its receipts and expenditures of the preceding
year.
SEC. 20. The board of supervisors of the county of New York Moneys reshall, and are hereby empowered to annually raise and col- ppoLses 
lect, by tax, upon the real and personal property taxable in said spthiscto e
city and county, such sum  of money as said board of commis- raisedby ta
sioners shall, from time to time, require for the purposes of this
act, to be applied by said board of commissioners exclusively to
said purposes, and to be accounted for by the said board of commissioners; which sum shall be in lieu of all taxes in said- county,
for the relief and support of the poor thereof, and for the support and expenses of the county criminals.
SEC. 21. The board of supervisors of the county of New York, Power of sushall have power, by committee, to visit and inspect the de- pervisors
partment hereby created, and the institution under its control,
and report the same to the governor of the state, who shall have
power to remove any commissioner of the said department,
against whom charges of misconduct in office may be established, under the provisions of law relating to sheriffs.
SEC. 22. The board of commissioners hereby appointed shall Attorney to
be, appointed
annually appoint an attorney to the department hereby created, annually.
who shall perform such duties of a legal nature as the said department may require, and whose compensation shall be fixed
by said board of commissioners.
SEC. 23. So much of section twenty-five of an act entitled, Act of April
" An act to amend the charter of the city of New York," passed, 1e857, reApril fourteenth, eighteen hundred and fifty-seven, as relates to
or affects the alms-house department of said city is hereby
repealed.
SEC. 24. Wihenever, in any act or ordinance not inconsistent
66




1042             ACTS RELATING TO THE CITY OF NEW  YORK.
with the provisions of this act, but applicable thereto, the words
alms-house department of the city of New York shall occur, it
shall be taken to mean and refer to the department hereby
created, and inlike manner the words governor or governors of
the alms-house shall be taken to mean the commissioner or
commissioners provided for by this act; and all provisions of law
or of ordinances which are inconsistent with this act are hereby
repealed.
SEC. 25. This act shall take effect immediately.
1813.-CHAPTER LXXXVI.
AN A CT to reduce several Laws, relating particularly to the City of
New York, to one act.-Passed April 9, 1813.
common     CCXLVI. Anzd be it frther enacted, That it shall be lawful for
appoint   the mayor, aldermen, and colllonalty of the city of New York,
cs of tm   in common council convened, to nominate and appoint, under
alms-house. the common seal of'the said city, not more than five of the freeholders and inhabitants of the said city, to be the overseers of
the poor thereof, by the name and style of " the commissioners
of the alms-house and bridewell of the city of New  York,"
which said persons being so appointed, or the major part of
them, shall have the same power and authority of overseeing
Their duties. and providing for the poor of the said city, and they, or any two
of them, shall have the same power and authority for putting
or binding out apprentices and servants in the said city, and be
subject to the same duties and penalties, which the overseers of
the respective towns in this state have or are subject to.
CCXLVIII. And be it further enacted, That the commissioners
of the alms-house and bridewell of the city of New York, or any
one, two, or more of them, shall have and exercise the same
powers and authority, and do every act and thing in pursuance
of the " act for the settlement and relief of the poor," and the
act concerning apprentices and servants," in the same manner
as if they were justices of the peace for the city and county of
New York, or aldermen of the said city: Provided, always, that
nothing herein contained shall be construed to authorize them
to sit as judges in the court of general sessions of the peace, in
and for the said city.




PUBLIC CHARITIES AND CORRECTION.                        1043
1822.-CHAPTER  XIII.
AN  ACT for the better Government of the Alms-House in the City
of New York.-Passed February 4, 1822.
Be it enacted by the People of the State of New York, represented Parue to
in Senate and Assembly, That it shall be lawful for the superin- wor.
tendent of the alms-house, in the city of New York, to require
and compel all paupers, actually chargeable upon or receiving
support from  the said city, to perform  such reasonable work,
labor, and service, as they shall respectively be able to perform
without injury or hazard to the health of the said paupers, and said
superintendent shall from time to time direct; and in case any
such pauper shall refuse or neglect to perform the work, labor,
and service so required of him or her, or shall not comply with
and conform to such by-laws, rules, or regulations, as now are or
hereafter may be made and established, by the mayor, aldermen, and commonalty of the city of New York, for the well
ordering and government of such paupers, or shall at any time
depart from such alms-house until he or she shall be regularly
and duly dismissed and discharged therefrom; in each and every Pownr o
such case it shall and maybe lawful for the said superintendent, ent.
by and with the consent of the commissioners of the alms-house
and bridewell of the said city, or any one of them, to inflict such
reasonable and moderate punishment, upon such disorderly, disobedient, or refractory pauper, as he shall deem  proper: provided such punishment shall not be by personal chastisement,
nor" shall extend beyond solitary confinement, in some part of
the said alms-house, and feeding on bread and water only, until
he or she shall submit to perform  the labor, work, and service
required of him, or her, and obey, conform to, and observe the
rules and regulations aforesaid, or for such term  as the said
superintendent and commissioners shall judge proportioned to
his or her offense: Provided, however, That every such pauper, Proviso.
who shall think himself or herself aggrieved by the conduct of
such superintendent towards him or her, shall be permitted to
appeal to the board of commissioners, a majority of whom shall
be authorized to make such order in the case as to them  shall
appear just and proper.
1849.-CHAPTER  CCXLVTI
AN AdCT to provide for the Government of the Department of Alms
and Penitentiary in the City and C ounty  of' New York.-Passed
April 6, 1849, " three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact asfollows:
Sections 1, 2, and 3 abrogated by chap. 510, Lawsof 1860.




1044              ACTS RELATING TO THE CITY OF NEW  YORK.
Power of the  SEC. 4. Said board of governors shall generally possess all the
board of
govenors to power and authority now by law conferred, and be subject to
manage the
institutions the duties imposed on the commissioner of the alms-house in
nasorecti  said city, the common council of said city, and the board of
by clo. f5  supervisors  f said county, in respect to the said department and
Laws of 1860 sup   o          ut
the said institutions.
Restriction. SEC. 5. No governor shall, directly or indirectly, be in any
way interested in any contract for supplies, or for any other purpose, connected with any of the institutions under the control
of the board, or in any arrangement by which any pecuniary
benefit shall result to himself.  It shall be the duty of any governor,- who may have any knowledge or information of the violation of this provision, forthwith to report the same to the board.
Every governor shall, before entering upon the duties of his
office, take and subscribe the oath prescribed in article twelve
of the constitution, which  oath, when  subscribed, shall be
-filed in the office of the county clerk of the city and county
of New York.
Sections 6, 7, 8, 9, 10, 11, and 12  abrogated, chap. 510,
Laws of 1860.
Ate ewecto   SEC. 13. This act shall take effect on the eighth day of May
next, and so much of the act, entitled " An act for the better
regulation of'the county and state prisons of the state, and consolidating and amending the existing laws in relation thereto,"
passed December 14, 1847, as confers upon the sheriff of the
city and county of New York any power or control over any
of the prisons named in this act, is hereby repealed: and on
and after the first Tuesday of May next the office of commissioner of alms-house shall be abolished.
1849.-CHAPTER  CCCCXIII.
AN ACT for the Establishment of a Work-house,for the Employment of Persons committed to the City Prisons and Alms-house,
in the City of New  York.-Passed April 11, 1849, " threefifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Aworkhouse  SEC. 1. There shall be established a work-house for the emto be established. ployment of persons committed to the city prisons, penitentiary,
and alms-house, in the city of New York.
The remaining sections of this act were abrogated by chap.
510, of Laws of 1860.'




PUBLIC CHARITIES AND CORRECTION.                    1045
1850.-CHAPTER  CCCXXIX.
AN ACT to explain and extend the Powers and Duties of the
Governors of the Alms-house of the City and County of New
York. —Passed April 10, 1850.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Sections 1 to 7 are abrogated by chap. 510, Laws of 1860.
SEC. 8. The said governors shall have power to transfer from
any one institution under their charge, to any other institution
under their charge, for the whole or any shorter period of their
committal, all such persons as shall have been, or shall hereafter be, committed to any of such institutions, by said governors, or by any court or magistrate under any law of this state,
as vagrants or disorderly persons; and said governors shall also
have power to remit any part of the unexpired term of the
committal of any persons, so committed, as aforesaid, and to
discharge them  from  their said commitment in such special
cases as justice may to them seem to require.
SEC. 9. It shall be lawful for the said governors, and the said
governors shall have power, in relation to all persons who shall
hereafter be committed to any institution under their charge as
vagrants, by reason of their being "persons who shall have
contracted an infectious or other disease in the practice of
drunkenness or debauchery, requiring charitable aid to restore
them to health," after the same shall have been, under medical
treatment, sufficiently cured to be discharged, or to work or
labor, in their discretion, to detain such person or persons, and
transfer or commit them to the work-house, until, from the proceeds of their work and labor, there shall have been received by
said governors, beyond the charge of their support while in said
work-house, a sum  sufficient to reimburse all the expenses of
their charge and cure while under medical treatment as aforesaid: Provided, that under this section no such person shall, by
said governors, be detained or committed to said work-house for
a longer period than six months.
SEC. 10. This act shall take effect immediately.




PUBLIC HEALTH AND E3 IG[  A
TION.
REVISED  STATUTES, FIFTH  EDITION, PART  I,
CHAPTER XIVo
OF THE PUBLIC. HEALTH.
TITLE    I.-OF  THE  OFFICERS  OF  HEALTII IN  THE  CITY  OF
NEW YORK.
TITLE   II.-OF    QUARANTINE,  AND   REGULATIONS  IN   THE
NATURE OF QUARANTINE, AT THE PORT OF NEW
YORK.
TITLE III.-INTERNAL REGULATIONS FOR THE PRESERVATION OF
THE PUBLIC HEALTH IN THE CITY OF NEW YORKo
TITLE IV.-[OF  THE  COMMISSIONERS   OF  EMIGRATION   AND
THEIR DUTIES.]
TITLE I.
OF THE OFFICERS OF HEALTH IN THE CITY OF NEW  YORKI.(])
SEc. 1. The mayor and common council to constitute the board of health.
2. Ten members a quorum.
3. Its sessions to be held with closed doorso
4. Commissioners of health.
6. To advise the board of health in relation to the public heaIth.
6. Duties of health officer.
7. He may appoint an assistant, &c.
S. Duties of the resident physician.
9, 10, 11, and 12. Duties of the health commissioner.
13. Mayor and commissioners of health to meet daily, &c.
14. Salaries of resident physician and health commissioner.
15. Board of health may appoint physicians, and fix their duties and compensation.
16. Mayor, with the consent of the board of aldermen, may appoint an inspector
of vessels; his duties and fees.
17. To report his proceedings.
Board   of   *SEC. 1. Thelegislative powers heretofore vested, by any existhealth.    ing law  of this state, in the board of health of the city of New
York, other than as the same are hereinafter modified or altered,
shall be vested in the mayor and common council of the said city
of New  York.   [1850, ch. 275, ~ 1.]
(1) The whole of the original title, excepting sections 8, 9, and 10 [10, 11, and 12 of
this edition], has been superseded by chapter 275 of the Laws of 1850, entitled " An act
relative to the public health in the city of New York."




PUBLIC HEALTH AND EMIGRATION.                           1047
*SEc. 2. The said mayor and common council, when acting in,Boardof
relation to the public health of said city, or in the execution of
the said powers, or of those hereinafter conferred, shall be known
as the board of health of the city of New York, of which ten
members shall be necessary to constitute a quorum.  The mayor Presdent.
shall be the president of such board, and shall have power at
any time to convene the same.  [Same ch., ~ 2.]
WSEc. 3. The sessions of the common council, when acting as a Seions.
board of health, shall be with closed doors, except when otherwise ordered by said board.  [Same ch., ~ 3.]
*SEC. 40 The president of the board of aldermen, the president sCommso
of the board of assistant aldermen, health officer, the resident
physician, the health commissioner, and city inspector, shall be
the commissioners of health.  [Same ch., ~ 4.]
To advise the
*SEC. 5. It shall be the duty of the mayor and the commission-l board
ers of health to render their advice to the board of health, and
to the city inspector of said city, in regard to all matters connected
with the public health thereof.  [Same ch., ~ 5.]
*SEC. 6. The health officer shall perform all the duties herein- Health o0after specified, and such other duties as the board of health, or
the mayor and the commissioners of health, shall lawfully require.  [Same ch., ~ 6,]
*SECo 7. The health  officer may appoint an  assistant, for Asstantt
whose conduct he shall be responsible, and who may perform cer.
all the duties required of the health officer.  Such assistant
shall, before entering on the duties of his office, take the oath
prescribed in the constitution of this state.  [Same ch., ~ 7.]
*SEC. 8. The resident physician shall visit all sick persons re- Resident
ported to the board, or to the mayor and the commissioners of
health, and shall perform such other professional duties as the
board of health shall enjoin.  [Same ch., ~ 8.]
*SEC. 9. The health commissioner, under the direction of the fl~th Colnmissioners.
board of health, shall assist the resident physician in the discharge of his official duties.  [Same ch., ~ 9.]
*SEC. 10. [SEC. S.] He shall also receive all moneys appro- I,, dt give
priated to the use of the Marine hospital, and shall pay all demands against the hospital that shall be approved by a majority
of the commissioners of health; and, before he shall enter on
the duties of his office, shall execute a bond in the penal sum
of twenty thousand dollars, conditioned for the faithful performance of his trust, and with such sureties as the mayor or




1048              ACTS RELATING TO THE CITY OF NEW  YORK.
recorder of the city shall approve. The bond shall be given to
the people of this state, and be filed, by the officer taking it, in
the office of the clerk of the city and county.  [As aimended
1840, ch. 19.]
To account
and deposit  *SEC. 11. [SEC. 9.] He shall render to the board of health a
moneys.  monthly account of his receipts and disbursements on account
of the Marine hospital, and shall deposit the balance, that shall
appear to be in his hands, in such bank in the city of New York
as the board shall designate, to the credit of the commissioners
of health.
rawn. h     SEC. 12. [SEC. 10.] The moneys so deposited shall not be
drawn out, except on the check of the health commissioner,
countersigned by the president of the board of health.
Meetings.    *SEC. 13. In the discharge of their duties, the mayor and
the commissioners of health shall meet daily at the office of the
board of health, during such part of the year and at such hours
of the day as the said board shall designate. [1850, ch. 275,
~ 10.]
Salaries.  *SEC. 14. The resident physician  shall receive an  annual
1851,ch.523, salary of twelve hundred and fifty dollars, to be paid by the
~7.  See
post, title 4, corporation of said city, and the health commissioner an annual
~f23he. s$y salary of three thousand five hundred dollars in lieu of fees and
of the salary.I
payable by percentage, which shall be paid by the commissioners of emithe commissioners  ofgration; and after the expiration of the term of office of the
and the re- present health commissioner and resident physician, the said
tha city oofficers shall hereafter be appointed by the mayor of the city of
NewYork.] New York, by and with the advice and consent of the board of
aldermen of said city.  [Same ch., ~ 1.]
Othe physi-  *SEC. 15. The board of health may, from  time to time, appoint so'many visiting, hospital, and consulting physicians as
they may deem necessary; designate their duties, and fix their
compensation. [Same ch., ~ 12.]
Inspecto of   SEC. 16. The mayor, by and with the advice and consent of
the board of aldermen, may appoint an inspector of vessels,
who shall, under the direction of the mayor and the commissioners of health, or of the board of health, perform the duties'
required of him in this act, and shall be entitled to receive the
following fees:
Fees.      For each cargo inspected by him under such direction, three
dollars.
For each vessel cleansed and purified by him, under the like
direction, five dollars.
Which fees shall be paid by the owner or consignee of the
cargo inspected, or vessel cleansed and purified.  [Saimize ch.,
~ 13.]




PUBLIC  HEALTH  AND  EMIGRATION.                                   1049
*SEC. 17. It shall be the duty of such inspector, after he To report.
shall have performed  any service required  of him, to  make an
immediate  report of his'proceedings and  their result, to  the
board  of health, or to  the  mayor and  the  commissioners of
health.   [Same ch., ~ 14.]
TITLE II.
OF QUARANTINE AND REGULATIONS IN THE NATURE OF QUARANTINE  AT  THE  PORT  OF NEW  YORK.(1)
ART.   I.-Of the place of Quarantine, and the Vessels and Persons
subject thereto.
ART.  II. —Of the Duties of Pilots in  relation to Vessels subject to
Quarantine.
ART. III.-Regulations  concerning  the  Treatment,  Conduct, and
Duties of Vessels, Articles, and Persons under Quarantine.
ART. IV.-Of the Regulation of Intercourse with Ifected Places.
ART.  V.-Penalties for Violating the Provisions of this Title.
ARTICLE.FIRST.(2)
Of the Place of  Quarantine, and the  Vessels and  Persons  subject
thereto.
SEC. 1. Quarantine ground.
2. Vessels subject to quarantine.
3 & 4. Restrictions.upon vessels and persons at quarantine.
6. Vessels may be permitted to pass through the sound.
6. Infected vessels not to approach within300 yards of the city.
7. Vessels, having had cases of disease on board, subject to visitation, &c.
8. Master released from quarantine:.to deliver his permit at the mayor's office.
9. Vessels at quarantine may again proceed to sea.
*SEC. 1. The anchorage ground for vessels at quarantine shall Anchorage
be near the place where the Marine hospital now is, and shallbe ground
designated by buoys to be anchored under the  direction  of the
health officer, and every vessel subject to quarantine shall immediately on her arrival anchor within them, and there remain with
all persons arriving  on  her, subject to  the  examinations  and
regulations imposed by law.
(1) By chapter 300, of the Laws of 1846, entitled "An act concerning quarantine, and
regulations in the nature of quarantine, at the port of New York," articles 1, 3,4, and 6 of
this title, were repealed. That act was repealed without reviving the original articles,
by chapter 275 of 1850. The second title of the latter act was substituted for the whole
title, in the fourth edition of the Revised Statutes. Portions of chapter 147 of the Laws
of 1856 are here substituted for the whole title, the same being, with some modifications,
identical with title two of chapter 273 of Laws of i860. Article three of this title'also
consists of chapter 312 of the Laws of 1857, entitled "An act for more effectually guarding against the spread of pestilential diseases.' "
(2) The original numbering of the sections of chapter 147 of the Laws of 1856 is
retained within brackets in the fourth and fifth articles of this title.




1050               ACTS RELATING TO THE CITY OF NEW  YORK.
Quarantins e  SEC. 2. Vessels arriving at the port of New York shall be
subject to quarantine as follows: 1st. All vessels from any place
where pestilential, contagious, or infectious disease existed at
the time of their departure, or which shall have arrived at any
such place and proceeded thence to New York, or on board of
which, during the voyage, any case of such disease shall have
occurred, arriving between the first day of April and the first
day ofNovemberg shall remain at quarantine for at least thirty
days. after itheir arrival, and at least twenty days after their cargo
shall have been discharged, and shall perform such further quarantine as the mayor and commissioners of health may prescribe,
unless the health officer, with the approval of the mayor or commissiolers of health, shall sooner g'rantt a permlit for said vessel
or cargo, or both, to proceed.  2d. All vessels from  any place
(including islands) in Asia, Africa, or:the Mediterranean, or from
an.y of the West Indies, Bahama, Bermud'a,' or Western islands,
or- fom  any place in Amerlica," in the ordinary passage from which
they pass. south.of Cape Henlopen, and all vessels on board of
whici;, during the voyage or while: at the port of their departure,. any person shall have been sick, arriving between the first
dayy of April and the first day of November, and all vessels fiom
a foreign port, not embraced in the first sub-division of this section, shall, on their arrival at the quarantine ground, be subject
to visitation by the health officer, but shall not be detained beyond the time requisite for due examination and observation,
unless they shall have had on board, during the voyage, some
case of infectious, contagious, or pestilential disease, in which
case they shall be subject:to such quarantine and regulations as
the health officer and the mayor or commissioners of health may
prescribe.  3d. All vessels embraced in the foregoing provisions,
which are navigated by steam, shall be subject: o.nlyto such
length of quarantine and regulations as'   t he  alth officer shall
enjoin, unless they shall have had on board during the voyage
some case of infectious,..contagious,. or pestilential disease, in
which  case  they shall be subj'e't to".such'quarantine as the
health officer and: the mayor:or:ommissioners of health shall
prescribbe.
*SEC. 3. All vessels and persons remaining at quaiantine on the
first dayv of November s!ihall th:ereafter be subject to such quarantine and restrictions as vessels and persons arriving o1n and
after:that day.
vessels  at   SEC. 4. The board of health, or the health officer, or the
the wharves
of the city mayor and commlissioners:of health, whenever in their judgment
eay be t   theior puiublic health shall'require, may order any. vessel at the
qurantine wharives of the city  or ini their vicinity, to the  quarantine
grouind or other place.of safety, and may require all persons,
articles, or things, introduced into the city from such vessels, to
be' seized, returned on' board,:or removed to the  quarantine
ground or other place.  If the master, owner, or consignee of




PUBLIC HEALTH AND ]MIGRATION.                           1051
the vessel cannot be found, or shall refuse or neglect to obey the
order of removal, the board of health, or the health officer, or
the mayor and commissioners of health, shall have power to cause
such removal at the expense of such master, owner, or consignee, and such vessel or person shall not return to the city
without the written permission of the board of health, health
officer, or mayor, and commissioners of health.
*SEC. 5. If any vessel, arriving at the quarantine ground, sub-  sselsto
ject to quarantine, shall be bound to some port east of the city easternpors
of New York, the health officer, after having duly visited and
examined her, may permit her to pass on her voyage through
the sound; but no such vessel shall be brought to anchor off
the city, nor shall any of her crew or passengers land in, or hold
any communication with, the city, or any person therefrom.
*SEc. 6. The master of every vessel, released from quarantine Permit to be
delivered at
and arriving at the city of New York, shall, within twenty-four mayors
hours after such release, deliver the permit of the health officer
at the office of the mayor.
*SEC. 7. Nothing in this act contained shall prevent any vessel arriving at quarantine from again going to sea before breaking bulk.
ARTICLE SECOND.
Of the Duties of Pilots in relation to Vessels subject to Quarantine.
SEC. 8. To hail vessels.
9. When to direct them to proceed to quarantine.
10. Duties in conducting vessels into port.
*SEC. S. It shall be the duty of each branch arad deputy pilot, Dty of
belonging to the port, to:.se.is uitmost endeavors to hail every deputypilots
vessel he shall discover entermg ithe:port, and to-interrogate the
master of such vessel in referefie to:all matters.: aecessary to
enable such pilot to determine whether, according'to-the provisions of the preceding sections, such vessel is ~subject to
quarantine or examina-tioniby the health officer.
*SEC 9. If, from the answers obtained from such inquiries, it Notice to'..           -' "~. ~;::;'-:' ".':'~  master of
shall appear that such vessel is subject to quarantpine or exam-vessel.
ination by the health officer, according to the preceding provisions, the pilot shall immediately give notice to the  master of
the vessel, that he, his vessel, his cargo, crew, and passengers,
are subject to such examination, and that he must proceed and
anchor such vessel at the quarantine anchorage, there to  await
the:further directions of the health officer.
*SEG. 10. It shall be the duty of every pilot, who shall con- Duty of piduct into port a vessel subject to quarantine or examination by chtarg of
the health officer                                                  vessels.




1052                  ACTS RELATING TO THE CITY OF NEW YORK.
1st. To bring such vessel to anchor within the buoys marking
the quarantine anchorage.
2d. To prevent any vessel or boat coming  along-side of the
vessel under his charge, and to prevent anything on board from
being thrown into any other vessel or boat.
3d. To present to the  master of the vessel a printed copy of
this title, when such copy shall have been delivered to him for
that purpose.
4th. To take care that no violation of this title be committed
by any person, and to report such as shallbe committed, as soon
as may be, to the health officer.
ARTICLE THIRD.
Regulations  concerning  the  Treatment,  Conduct, and  Duties  of
Vessels, Articles, and  Persons under Quarantine.
SEC. 11. Health officer to visit vessels: to examine on oath as to disease, &c.
12. To reside at the quarantine grounds; his powers.
13. May cause the arrest of persons escaping from the Marine hospital.
14. Sick persons not to leave the hospital until discharged.
15. Commissioners of emigration to take charge of emigrants whose quarantine
has expired.
16. Health officer: the board of health or the mayor may permit cargo of vessel at
quarantine to be reshipped.
17. Vessels at quarantine to be designated by colors.
18o No vessel or boat to pass vessels at quarantine without permission.
19. Lighters not to unload vessels at quarantine without permission.
20. Indigent passengers to be provided for by the masters of vessels.
21. Criminals in vessels at quarantine may be confined on shore.
22. Board of appeal from decisions. of the health officer.
23. Appeals from his decisions, how conducted.
24. When public health requires, vessels to be removed from New York and vicinity to quarantine ground; board of health empowered to employ assistance to
effect removal; persons effecting removal to have a lien on vessel.
25. When master, owner, or consignee, neglects to comply with order of health
officers, health officers empowered to employ assistants; persons employed
to have a lien on vessels.
26. Lien to be enforced in manner prescribed by title eight of chapter eight of
third part of R. S.
27. Persons obstructing health officer, and persons having intercourse with vessels
without permission, &c., deemed guilty of misdemeanor.
28. Courts of general and special sessions of New York to have exclusive jurisdiction; duty of district attorney.
29. Inconsistent acts repealed.
melth  offi-   SEc. 11. It shall be the duty of the  health officer to  board
eeryvese. every vessel subject to  quarantine or visitation  by him, imlmediately on  her arrival, between  sunrise and sunset; to  inquire
as to the health  of all persons  on  board, and the condition of
the vessel and cargo, by inspection of the bill of health, manifest, log-book, or otherwise; to  examine on oath as rlany'and
such  persons  on  board  as he may judge expedient, to  enable




PUBLIC HEALTH AND EMIGRATION.                           1053
him to determine the period of quarantine, and the regulations
to which such vessel shall be made subject, and to report the
facts, and his conclusions, and especially to report the number
of persons sick, and the nature of the disease with which they
are afflicted, to the mayor or commissioners of health, in writing.
*SEC. 12. It shall be the duty of the health officer to resesidence ofc
health officer
within the quarantine inclosure, and he shall have power:
1. To remove from the quarantine anchorage ground any ves- dT erous
sel he may deem  dangerous to the public health, to any place vessels
south of the quarantine buoys and inside of Sandy Hook.
2. To cause any vessel under quarantine, when he shall Casengs
judge it necessary for the purification of the vessel, or her cargo, tobe lande.
passengers, or crew, or either of them, to discharge or land the
same at the quarantine ground, or some other place out of the
city.
3. To cause any such vessel, or her cargo, bedding, and the Ventilation
clothing of persons on board, to be ventilated, cleansed, and ingof vessel
purified in such manner, and during such time, as he shall
direct; and, if he shall judge it necessary, to prevent infection
or contagion, to destroy any portion of such bedding or clothing, Cary bed
and, with the authority of the mayor or commissioners of health, stroyed.
any portion of such cargo which he may deem  incapable of
purification.
4. To prohibit and prevent all persons, arriving in vessels rersons, etc.
- not to leav6
subject to quarantine, from leaving quarantine, or removing their quaantine'     i  ^      11   p        J-i ^      i     ^   Ji  i   J     until afteri1
goods or baggage therefrom, until fifteen days after the last case days.
of pestilential, contagious, or infectious disease shall have occurred on board, and ten days after her arrival at quarantine,
unless sooner discharged by him, with the consent of the mayor
or the commissioners of health.
5. To permit the cargo of any vessel under quarantine, or Permit to
i- ^-l  ^ -i   i   i    11   ~    i   ^i   f   r   proceed to
any portion thereof, when he shall judge the same free from New York.
infection and contagion, to be conveyed to the city of New
York, or elsewhere; such permission, however, to be inoperative
without the written approval of the mayor or commissioners of
health.
6. To cause all persons under quarantine to be vaccinated, Vaccination
when he deems it necessary for the preservation of the public
health.
7. To administer oaths, and take affidavits, in all examinations To adminisprescribed by this act, and in relation to any alleged violation
of quarantine law  or regulation; such oaths to have the like
validity and effect as oaths administered by a commissioner of
deeds.




1054              ACTS RELATING TO THE CITY OF NEW  YORK.
persons who    SEC 13. The health officer, or the physician of the Marine
elope from  hospital, may direct, in writing, any constable, or other citizen,
nto pursue and apprehend any person, not discharged, who shall
elope from quarantine, or who shall violate any quarantine law
or regulation, or who shall obstruct the health officer, or the
physician of the Marine hospital, in the performance of their
duty, and to deliver him to said officer or officers, to be detained
at quarantine until discharged by said officer or officers: but
such confinement shall in no case exceed ten days.  It shall be
the duty of the constable, or other citizen, so directed, to obey
such directions; and every such. person so eloping or violating
quarantine laws and regulations, or obstructing the health officer,
shall be considered guilty of a misdemeanor, punishable with or
by fine and imprisonment.
Car of the   *SEC. 14. Every sick person sent to the Marine hospital by
sick.
the health officer shall be there kept and attended to with all
necessary and proper care, and no such person shall leave the
hospital until the health  officer shall grant a discharge in
writing.
Com mission-   SEC. 15. The  commissioners of emigration shall remove
gration to  from  the Marine  hospital and take charge of all indigent
take charge
of indigent emigrants whose quarantine has expired, and who shall have
emigrats. sufficiently recovered from  the diseases with which they were
admitted, on the notification in writing, of the health officer,
that such removal will not, with ordinary care, endanger the
safety of the individual, or the health of the community.
May permit  *SEC. 16. The health officer, the board of health, or the
cargo to be
shipped for mayor and commissioners of health may, if in their opinion it
will not be dangerous to the public health, permit the cargo of
any vessel under quarantine, or any portion thereof, to be
shipped for exportation by sea, or transportation up the North
or East river; and if the vessel receiving the same shall approach
nearer than two hundred yards to the wharves of the city, said
cargo may be seized and sold by the mayor and commissioners
of health for the use and benefit of the lMarine hospital.
Designation   *SEc. 17. Every  vessel during  her quarantine  shall be
designated by colors, to be fixed in a conspicuous part of her
main shrouds,
*SECo 18. No vessel or boat shall pass through the range of
vessels lying at quarantine, or land at the quarantine grounds or
wharves, without the permission of the health officer.
Lighters not   SEC. 19. No lighter shall be employed to load or unload
to be eamployed with- vessels at quarantine without the permission  of the health
nermis' officer, and subject to such restrictions and regulations as he
shall impose.




PUBLIC HEALTH AND EMIGRATION.                         1055
*SEc. 20. All passengers, being on board of vessels underrassengers
to be providquarantine, shall be provided for by the master of the vessel in ed for by
master of
which they shall have arrived; and if the master shall omit or vessel.
refuse to provide for them, or they shall have been sent on shore,
by the health officer, they shall be maintained by the commissioners of emigration at the expense of such vessel, her owners,
consignees, and each and every one of them; and the health
officer shall not permit such vessel to leave quarantine until
such expense shall have been repaid or secured; and the said
commissioners shall have an action against such vessel, her
owners and consignees, and each and every one of them, for
such expenses, which shall be a lien on such vessel, and may
be enforced as other liens on vessels are enforced by said
commissioners.
*SEc. 21. The health  officer, upon the application of thePersons
charged
master of any vessel under quarantine, may confine, in any su it othoenses
able place on shore, any person on board of such vessel charged nidY o 
with having committed an offense punishable by the laws ofs~'e
this state or the United States, and who cannot be secured on
board of such vessel; and such confinement may continue during
the quarantine of such person, or until he shall be proceeded
against in due course of law; and the expense thereof shall be
charged and collected as in the last preceding section.
*SEC. 22. Any person, aggrieved by any decision, order, or Appealto
the mayor
direction of the health officer, may appeal therefrom  to the and commayor and commissioners of health of the city of New York, oriealth.
who shall constitute a board of appeal; the said board shall
have power to affirm, reverse, or modify the decision, order, or
direction appealed from, and the decision of said board thereon
shall be final.
*SEc. 23. An appeal to the board of appeal must be made by Ap,  how
serving upon the health officer a written notice of such appeal,
within twelve hours (Sundays excepted) after the  appellant
receives notice of the order, decision, or direction complained of.
Within twelve hours after the health officer receives such notice
(Sundays excepted), he shall make a return in writing, including Return of,,^~~~,r.i~ -~ ^~.i~.~~' a~'.~,    ^ 1facts, when
the facts on which his order, decision, or direction, was founded, matho.
to the mayor, who shall immediately call a meeting of the board
of appeal, and shall be president of said board; and said appeal
shall be heard and decided within twenty-four hours thereafter
(Sundays excepted); and, until such decision is made, the order, Docision.
decision, or direction, complained of, except it refer to the detention of a vessel, her cargo, or passengers, at quarantine, shall be
suspended.
* SEc. 24. The board of health, or the mayor and commis- emoval of
sioners of health of the city of New  York, or the board of v'sse'




1056              ACTS RELATING TO THE CITY OF NEW YORK.
health of Brooklyn, or the health officer of the port of New
York, whenever in their or his judgment the public health
shall require, may order any vessel at the wharves of the
city, or in their vicinity, to the quarantine ground, or some
other place of safety, and may require all persons, articles, or
things, introduced into the city fiom  such vessel to be seized,
returned on board thereof, or removed to the quarantine, or
other place of safety.  If the master, owner, or consignee, of
the vessel cannot be found, or shall neglect or refuse to obey
the order of removal, the said board of health, or mayor and
commissioners of health, or health officer, shall have power to
employ such assistance as may be necessary to  effect such
removal, at the expense of such master, owner, or consignee;
and such vessel or person shall not return to the city without the written permission of the said board of health, or
mayor and commissioners of health, or health officer. Whenever any person shall have been employed as above provided
to remove any vessel, or to remove any article or thing introduced into the city from  such vessel, and shall in pursuance of such employment effect such removal, he shall have
a lien on said vessel, her tackle, apparel, and furniture, for his
services and expenses in effecting such removal.  [1857, ch. 412,
~1.]
*SEC. 25. Whenever the said health officer, in the performance of the duties and in the execution of the powers imposed
and conferred upon him  by law, or by any regulation or ordinance made in pursuance of any statute of this state, shall order
or direct the master, owner, or consignee, of any vessel under
quarantine to remove such vessel from her anchorage, or to do
any act or thing, or comply with any regulation relative to said
vessel, or to any person or thing on board thereof, or which
shall have been brought to said port therein, and said master,
owner, or consignee, shall neglect or refuse to comply with
such order or direction, the said health officer shall have power to
employ such persons and assistance as may be necessary to
carry out and enforce such order or direction, and the persons so
Liens    employed shall have a lien on such vessel, her tackle, apparel,
and furniture, for their services and expenses.  [1857, ch. 412,
~2.]
*SEC. 26. The liens specified in the preceding sections may
be enforced in the same manner as other liens on vessels
are enforced, by warrant of attachment, in the mode prescribed in title eight of chapter eight of the third part of the
Revised Statutes, all the provisions of which title shall apply to
the services and expenses specified in this act; and the person
or persons so rendering such services and incurring such expenses shall be deemed creditors of such vessel, and of her
master, owner, or consignee, respectively; or such person or per



PUBLIC HEALTI-I AND EMIGRATION.                         1057
sons may have and maintain an action against the master, owner,
or consignee, or either of them, of such vessel, to recover the
value of such services and expenses.  [Same ch., ~ 3.]
*SEc. 27. Every person who shall oppose or obstruct the Penalty.
said health officer in performing the duties required of him by
law, and every person who shall go on board of, or have any
communication, intercourse, or dealing with, any vessel under
quarantine, or with any of her crew or passengers, without the
permission of the health officer, or who shall without such permission invade the quarantine grounds or anchorage, shall be
guilty of a misdemeanor, and shall be punished by a fine of
not less than one hundred, nor more than five hundred, dollars, or by imprisonment not less than three, nor more than six,
months in the penitentiary. [1857, ch. 412, ~ 4.]
*SEC. 28. Exclusive jurisdiction of the offenses specified in Jurisdiction
the preceding section is hereby given to the courts of general
and special sessions of the peace of the city of New York; and
it shall be the duty of the district attorney of the city and
county of New  York to prosecute all persons guilty of such
offenses in  preference  to any indictment then in his office;
and it shall be the duty of either of the said courts to hear
and try the offenses against this act in preference to all other
cases pending before it; and whenever any person shall be convicted on a trial for such offense, the court shall forthwith proceed to pronounce judgment upon him, according to the terms
prescribed in this act. [Same ch., ~ 5.]
*SEC. 29. Such provisions of existing laws, as are inconsistent herewith, are hereby repealed; but such repeal shall
not be construed to revive any act or part of an act repealed by
the laws hereby repealed.  [Same ch., ~ 6.]
ARTICLE FOURTH.
Of the Regiulation of Intercourse with Infected Places.
SEC. 30. The mayor may, by proclamation, declare any place " an infected place.
31. His proclamation shall fix the period during which it shall have effect.
32. Vessels from an infected place subject to 30 days quarantine.
33. Board of health may prohibit or regulate intercourse with an infected place
*SEC. 30. [SEC. 24.] The mayor of the city of New York may Mayor to
issue his proclamation, declaring any place, where there shall makeo tclabe reason to believe a pestilential, contagious, or infectious dis- fected pes
ease exists, or may exist, to be an infected place, within the
meaning of the health laws of this state.
*SEC. 31. [SEC. 25.] Such proclamation shall fix the period when How long to
~it ^ Ihall  nr>se  ~ iave  ifft  i;'bt  t~'f~ Jif~ illh~' have effect.
it shall cease to have effect; but such period, if they shall judge
67




1058               ACTS RELATING TO THE CITY OF NEW  YORK.
the public health to require it, may from time to time be extended
by the board of health of said city, and notice of such extension
shall be published in five or more of the newspapers of the city.
rivig after   SEC. 32. [SEC. 26.] After such proclamation shall have been
tpoclam-b issued, all vessels arriving in the port of New York from  such
to quaran- infected place, shall be subject to the same quarantine laws and
regulations as the vessels embraced in the first sub-division of
the second section of this act, and shall, together with their
officers, crews, passengers, and cargoes, be subject to all the
provisions, regulations, and penalties of this act, in relation to
vessels subject to quarantine; but such quarantine shall not
extend beyond the period when such proclamation shall cease
to have effect as provided by the last preceding section.
Board ofo     SEC  33. [SEC. 27.] The board of health may, in their disregulate the cretion, prohibit or regulate the internal intercourse, by land or
intercourseo
with infect. water, between the city of New York and such infected place;
ed places.  and may direct that all persons who shall come into the city of
New York, contrary to their prohibitions and regulations, shall
be apprehended and conveyed to the vessel or place from whence
they last came; or, if sick, they shall be conveyed to the Marine
hospital, or such other place as the board of health shall direct.
*ARTICLE FIFTH.
Penalties for Violating the Provisions of this Title.
SEcs. 34 & 35. Penalties for masters refusing obedience to quarantine laws.
36. Penalties on other persons.
37. Penalty for obstructing health officer in discharge of his duties.
33. Penalty for holding intercourse with vessels at quarantine and trespassing on
quarantine grounds.
39. Penalty for violating provisions of this act.
40. Jurisdiction of courts in New York city; duty of district attorney.
*SEC. 34. [SEC. 28.] Every master of a vessel, subject to
quarantine, or visitation by the health officer, arriving in the
port of New York, who shall refuse or neglect either:
Penalties by   1st. To proceed with and  anchor his vessel at the place
vessels.   assigned for quarantine, at the time of his arrival;
2. To submit his vessel, cargo, and passengers to the examination of the health officer, and to furnish  all necessary
information to enable that officer to determine to what length
of quarantine and other regulations they ought respectively to
be subject; or,
3. To remain with his vessel at quarantine during the period
assigned for her quarantine, and while at quarantine to comply
with the directions and regulations prescribed by law, and with




PUBLIC HEALTH AND EMIGRATION.                       1059
such as any of the officers of health, by virtue of the authority
given to them by law, shall prescribe in relation to his vessel,
his cargo, himself, his passengers, or crew, shall be guilty of a
misdemeanor, and be punished by a fine not exceeding two
thousand dollars, or by imprisonment not exceeding twelve
months, or by both such fine and imprisonment.
*SEC. 35. [SEC. 29.] Every master of a vessel, hailed by a
a pilot, who shall either:
1. Give false information to such pilot, relative to the condition of his vessel, crew, or passengers, or the health of the
place or places from whence he came, or refuse to give such
information as shall be lawfully required;
2. Or land any person from his vessel, or permit any person,
except a pilot, to come on board of his vessel, or unlade, or
tranship any portion of his cargo before his vessel shall have
been visited and examined by the health officers;
3. Or, shall approach with his vessel nearer the city of New
York than the place of quarantine, to which he may be directed,
shall be guilty of the like offense, and be subject to the like
punishment: and any person who shall land from any vessel, or
unlade, or tranship, any portion of her cargo, under like circumstances, shall be guilty of the like offense, and be subject to
the like punishment.
*SEC. 36. [SEC. 30.] Any person who shall violate any pro- Byother
vision of this act, or neglect or refuse to comply with  the 
directions and regulations which any of the officers of health
may prescribe, shall be guilty of the like offense, and be subject
for each offense to the like punishment.
*SEC. 37. [SEC. 31.] Every person, who shall oppose or ob- rslined
struct the health officer in performing the duties required of 
him, shall be guilty of the like offense, and be punished by a
fine not exceeding five hundred dollars, or by imprisonment not
exceeding three months, or by both such fine and imprisonment.
*SEC. 38. [SEC. 32.] Every person who shall go on board of, co~mltc.
tion with
or have any communication, intercourse, or dealing with, any veselplrohibited with~
vessel at quarantine, or with any of her crew or passengers, out permiswithout the permission of the health officer, or who shall, with- healhofficor
out such authority, invade the quarantine grounds or anchorage,
shall be guilty of the like offense, and be subject to the like
punishment; and such offender shall be detained at quarantine
so long as the health officer shall direct, not exceeding twenty
days. In case such person shall be taken sick of anyinfectious,
contagious, or pestilential disease, during such twenty days, he
shall be detained for such further time, at the Marine hospital, as
the health officer shall direct.




1060               ACTS RELATING TO THE CITY OF NEW  YORK.
Pealty.    H*SEC. 39. [SEC. 33.] Every person who shall violate  the
provisions of this act, by refusing or neglecting to obey or comply with any order, prohibition, or regulation, made by the
board of health, in the exercise of the powers herein conferred,
shall be guilty of a misdemeanor, punishable by fine and imprisonment, in the discretion of the court by which the offender
shall be tried.
Jurisdiction
of courts    SEC. 40. [SEC. 34.] The courts of general and special sessions of the peace of the city and county of New York shall have
exclusive jurisdiction of all offenses against the provisions of this
act; and it shall be the duty of the district attorney of the city
and county of New York to prosecute all persons guilty of such
offenses without delay.
TITLE III.
INTERNAL REGULATIONS FOR THE PRESERVATION OF THE PUBLIC
HEALTH OF THE CITY OF NEW  YORK. (1)
ART.  I.-Of certain Duties and Powers of the City Inspector, the
Board of Health, as the Mayor and Commissioners of
Health.
ART. II. —Of the Duties of Physicians and other Persons
ART. III.-Prohibitions and Penalties.
ART. IV.-General Provisions.
ARTICLE FIRST.
Of certain Duties and Powers of the  City Inspector, the Board
of Health, and the Mayor and Commissioners of Ilealth.
SEc. 1. Powers of the city inspector.
2. Corporation of New York to make ordinances for preservation of public
health, &c.
3. Speedy abatement of nuisances.
4. Expense of their abatement; how recovered.
6. Duty of the board of health.
6. Power to abate certain nuisances dangerous to the public health.
7. To send to Marine hospital non-residents sick with infectious disease.
8. Commissioners of health to report, &c.
city inspect-  *SEc. 1. The city inspector of the city of New  York shall
0.'      have power:
delah war-  1. To appoint, with and by the advice and consent of the
board of aldermen of said city, from  time to time, all and
(1) Title 3, of chapter 275, of 1850, substituted for title 3, R. S.




PUBLIC HEALTH AND EMIGRATION.                     1061
so many health wardens and other officers as the common
council or the board of health shall direct, to carry into effect
the provisions of this title, and the rules and regulations of the
board of health, the laws and ordinances of the common council of said city, and the laws of this state, relating to the public health. Such health wardens and officers shall be subject
to the supervision and control of the city inspector.
2. To authorize such officers, at such times as he shall think entWr Sa
fit, to enter into and examine, in the daytime, all buildings, xmn.....ag     buildings.
lots, and places of, description within the city, and to ascertain
and report to the mayor and the commissioners of health, the
condition thereof, so far as the public may be affected thereby.
3. It shall be the duty of the city inspector, on complaint
being made to him, or whenever he shall deem  any business,
trade, or profession, carried on by any person or persons in the
city of New York, detrimental to the public health, to notify
such person or persons to show cause before the board of health,
at a time and place to be specified in such notice, why the same
should not be discontinued or removed, which notice shall be a
notice of not less than three days (except in case of epidemic
or pestilence, the board of health may, by general order, direct
a shorter time, not less than twenty-four hours), and may be
served by leaving the same at the place of business or residence
of the parties to be affected thereby. Cause may be shown by
affidavit, and the order of the board of health shall be final and
conclusive thereon.
4. The said city inspector to give all such directions and
adopt all such measures, for cleansing and purifying all such
buildings, lots, and other places, and to do, or cause to be done,
everything in relation thereto, which, -in the opinion of the
mayor and the commissioners of health of the city, shall be
deemed necessary. Every person who shall disobey any order
of the city inspector, or of the board of health, which shall
have been personally served upon them, to abate or remove any
nuisance in the manner and at the time described in such order,
shall, on complaint of the city inspector, or of the person serving such order, before the mayor or any police justice of said
city, be liable to arrest and summary punishment by fine, not
exceeding one thousand dollars, or imprisonment not exceeding
one year, or by both such fine and imprisonment.
5. To adopt such prompt measures, to prevent the spreading
of any contagious, infectious, or pestilential diseases, as shall be
directed by the mayor and the commissioners of health, when it
shall appear to the mayor and commissioners of health that any
person within the city is afflicted with any disease of that
character.
*SEC. 2. The mayor, aldermen, and commonalty of the city By-laws.
of New York shall have full power and authority to make and




].062            ACTS RELATING TO THE CITY OF NEW YORK.
pass all such by-laws and ordinances as they shall, from time to
time, think necessary and proper for the preservation of the
public health of said city, and also for the abatement and removal
of all and every nuisance in said city, and for compelling the
proprietors or owners of the lot or lots, upon which the same
may be, to abate and remove the same.
"Nisaiuces    *SEC. 3. It shall be lawful for the said mayor, aldermen, and
commonalty, in all cases where they may deem it necessary for
the more speedy execution of said by-laws or ordinances, or any
of them, to cause any such nuisance or nuisances to be abated
or removed at their own expense, and they are hereby authorized to levy and collect the sum or sums so expended, with lawful interest, and all reasonable costs and expenses attending such
proceedings, by distress and sale of the goods and chattelsof
the proprietors or owners of the lots and premises from which
such nuisance or nuisances shall have been abated or removed,
or to recover the amount of every such expense, by action in
any court of record, from such owner or owners respectively,
on whose account the same shall have been expended, their
respective heirs, executors, or administrators; in all which
actions they shall also recover lawful interest upon the amount
of said expense, from  the time of payment thereof, with full
costs of suit.
ix:s)os of
ux:i::v:ag.   *SEC. 4. That the amount of every such expense, which the
said mayor, aldermen, and commonalty shall incur or pay as
aforesaid, on account of the owner or owners of such lots or
premises, for the abatement or removal of any such nuisance
or nuisances, shall be a real incumbrance upon the lots and
premises from orupon which such nuisance or nuisances shall
be abated or be removed, and shall bear lawful interest until
paid, and that the same may be recovered, or the payment thereof,
with costs, enforced in like manner as if the said lots and
premises were mortgaged to the said mayor, aldermen, and commonalty for the payment thereof.
Duties of    *SEC. 5. It shall be the duty of the board of health 
board of
health.
1. To cause any avenue, street, alley, or other passage
whatever, to be fenced up or otherwise inclosed, if they shall
think the public safety requires it, and to adopt suitable measures for preventing all persons from going to any part of the city
so inclosed.
2. To forbid and prevent all communication with the house
or family infected with any contagious, infectious, or pestilential
disease, except by means of physicians, nurses, or messengers,
to carry the necessary advice, medicines, and provisions to the
afflicted.




PUBLIC HEALTH AND EMIGRATION.                       1063
3. To adopt such measures for preventing all communication
between any part of the city infected with a disease of a pestilential, infectious, or contagious character, and all other parts of
the city, as shall be prompt and effectual.
4. To procure suitable places for the reception of persons sick
of any pestilential, infectious, or contagious disease; and, in all
cases where sick persons cannot otherwise be provided for, to
procure for them proper medical and other attendance and provision.
5. To publish, from time to time, all such regulations as they
shall have made, in such manner as to secure early and full
publicity thereto.
6. To issue warrants to any constable or police officer in said
city, to apprehend and to remove such person or persons as cannot otherwise be subjected to the regulations by them adopted;
and, whenever it shall be necessary so to do, to issue their
warrant to the sheriff of the city and county of New York, to
bring to their aid the power of the county; all which warrants
shall be forthwith executed by the officers to whom the same
shall be directed, who shall possess the like powers, and be subject to the like duties in the execution thereof, as if the same
had been duly issued out of any court of record in this state.
*SEC. 6. The board of health, or the mayor and the com- Board of
missioners of health, when they shall judge it necessary, may remove carcause any cargo, or part of a cargo, or any matter or any- go, t
thing  within  the city, that may  be putrid  or otherwise
dangerous to the public health, to be destroyed or removed;
such removal, when ordered, shall be to the quarantine ground,
or such other place as the board of health shall direct; such removal or destruction shall be made at the expense of the owner
or owners of the property so removed or destroyed, and the same
may be recovered from such owner or owners in an action of law,
by the mayor, aldermen, and commonalty of said city.
*SEC. 7. The board of health may send to the Marine hospit- Non-resial, or such other place as the board of health may direct, all dents
aliens and other persons in the city, not residents thereof; who
shall be sick of any infectious, pestilential, or contagious disease.
The expense of the support of such aliens or other persons shall
be defrayed by the corporation of the city of New York, unless
such aliens or other persons shall be entitled to be supported by
the commissioners of emigration.
*SEc. 8. The board of health shall have power to take pos- Hospital.
session of, and occupy for temporary hospitals, any building or
buildings in the said city, during the prevalence of an epidemic,
if in their judgment the same may be required, and shall pay,
for private property so taken, a just compensation for the same




1064              ACTS RELATING TO THE CITY OF NEW  YORK.
Commissio-  *SEC. 9. It shall be the duty of the mayor and the commistoreport.  sioners of health, from  time to time, to communicate to the
board of health all reports that shall be made to them  or either
of them, under the provisions of this law; and it shall be the
further duty of the mayor and the commissioners of health, and
each of them, so to communicate all information in their power,
that may better enable the board of health to preserve the
health of the city.
ARTICLE SECOND.
Of the Duties of Physicians and other Persons.
SEc. 10. Practicing physicians to make reports of patients with infectious diseases.
11. Boarding-house keepers to report sick persons in their houses.
12. Masters, &c., of vessels to report sick persons on board.
13. Commissioner of health to report the names of physicians violating the tenth
section.
*SEC. 10. It shall be the duty of each and every practicing
physician in the city of New York:
Duties of  I. Whenever required by the board of health, or the mayor
pyscians. and the commissioners of health of said city, to report to the
city inspector of such city, at such times, in such forms as said
board may prescribe, the number of persons attacked with any
pestilential, contagious, or infectious disease attended by such
physician for the twenty-four hours next preceding, and the
number of persons attended by such physician, who shall have
died in said city during the twenty-four hours next preceding
such report, of any such pestilential, contagious, or infectious
disease.
2. To report in writing to the city inspector, the board of
health, or to the mayor and the commissioners of health, every
patient he shall have laboring under any pestilential, contagious, or infectious disease, and within twenty-four hours after
he shall ascertain or suspect the nature of the disease.
3. To report to the city inspector, when required by the
board of health, the death of any of his patients who shall have
died of disease within twenty-four hours thereafter, and to state
in such report the specific name and type of such disease.
Boarding-    *SEC. 11. Every person, keeping a boarding or lodgingers.    house in the city of New York, shall, whenever required by the
mayor and the commissioners of health, report in writing to the
city inspector, the board of health, or the mayor and the commissioners of health, the name of every person who shall be
sick in his house, within twelve hours after each case of sickness
shall have occurred.




PUBLIC  HEALTH  AND  iEMIGRATION.                             1065
*SEc. 12. Every  master, owner, or consignee  of a vessel, Mtrndd
lying at a wharf, or in a harbor of the city of New York, shall vessels.
make a like report, and within the same period, of the name of
every sick person on board such vessel; and no person shall be
removed  therefrom  without a written permit for that purpose
fromn the board of health, or the mayor, or one of the commissioners of health.
*SEC. 13. It shall be the duty of each commissioner of health, Physician
and of each visiting, hospital, and consulting physician, to make act.
an immediate report to the board of health of the name of every
practicing physician  by whom  he shall have reason to believe
the  provisions  of the  tenth  section of this title have been
violated;  and, if such  physician  shall neglect or refuse to
perform  his duty, the board shall suspend him  from  his office,
and  he  shall moreover be  liable to  such further penalty  as
the said board shall prescribe.
ARTICLE THIRD.
Prohibitions and Penalties.
SEc. 14. Board of health may prohibit packing and repacking of salted provisions.
15. During the times of prohibition, such articles shall not be deposited in the city.
16. Proviso as to small dealers.
17. Deposits of prohibited articles to be reported to the board.
18. May be removed by the city inspector.
19. Expense of removal to be borne by the owner.
20. Exceptions as to butchers and heads of families.
21. Penalty for violation of this article.
22. Rags, skins, &c., not to be deposited in certain places, &c.
23. Exception.
24. Damaged cotton to be reported by master of vessel.
25. Penalty for neglect.
26. Penalty for violation of this title.
27. Penalty for physicians refusing to comply with tenth section.
23. Penalty for keeper of boarding-house.
*SEC. 14. The board of health shall have power to prohibit at Mayprohlit
packing ss.t~
such  times, and  for such  period  and periods of time as they  dprovishall see cause, the packing  or repacking of any salted provisions in any and all parts of the city.
*SEc. 15. No  salted  or pickled  beef, pork, or fish  (except i.
smoked beef and fish), shall be deposited in such part or parts of
the city, during the period or periods of time so prohibited by
the board of health under the last preceding section.
*SEC. 16. The last preceding section shall not be construed to Exceptions.
prevent retail grocers, or other small dealers, from  keeping on
hand, for the  use of their customers, small quantities, not
exceeding five barrels, of each kind of provisions therein mentioned, if the provisions so kept be sound and in good order.




1066             ACTS RELATING TO THE CITY OF NEW  YORK.
1rthibited    *SEC. 17. All salted or pickled provisions, and all hides, skins,
when dpos- and cotton that may be deposited in those parts of the city
ited, to bereported    wherein the board of health shall prohibit the packing or repacking of salted provisions, at the time or times when such prohibition may be made, shall be reported forthwith, by the
owner or person having charge thereof, to the office of the city
inspector, that the same may be examined, and, if necessary,
destroyed or removed.
To be re-    *SEC. 18. If such articles, when ordered to be removed by
the city inspector, shall not forthwith be removed by the owner
or person having charge thereof, the city inspector shall cause
them to be removed to some safe place, there to remain at the
risk of the owner.
Expense to   *SEC. 19. The expense of the removal and subsequent storage
owner.   of such articles shall be borne by the owner or person having
charge thereof when removed, and, if paid in the first instance
by the city inspector, may be recovered by the city inspector in
an action against such owner or bailee, or, if payment of such
expenses be refused by the owner or bailee, the city inspector
may cause such articles to be sold, and shall account for the
proceeds, deducting such expenses and the costs of sale.
Exception    *SEC. 20. Nothing contained in this article shall be construed to extend to provisions exposed for sale by butchers in
the public markets, or kept by heads of families for family use.
Penalty.    SEC. 21. Every person  who shall refuse  or neglect to
obey the directions of this article, or of the board of health or
city inspector, pursuant thereto, in relation to the provisions and
other articles above mentioned, shall be considered guilty of a
misdemeanor, and, on conviction, shall be subject to fine or
imprisonment, or both, at the discretion of the court. Such fine
shall not exceed one thousand dollars, and such imprisonment
shall not exceed two years.
Rags, hides,  *SEC. 22. No rags, hides, or skins, arriving in the port of New
and skins
prohibited. York, shall be deposited in any part of the city within which
the board of health shall have prohibited the packing or repacking of salted provisions, and all such articles, brought into the
city contrary to the above provisions, may be seized and sold by
the mayor, and the commissioners of health, for the use of the
Marine hospital.
Exception.   *SEC. 23. The board of health, or the mayor and the commissioners of health, may, however, permit sound hides and skins
to be brought into any part of the city, in small quantities, and
for the purpose of immediate manufacture, but not otherwise.
Damaged    *SEC. 24. It shall be the duty of the master and owner of every
reported. vessel that shall have brought cotton into the city, between the




PUBLIC HEALTH AND  EMIGRATION                              1067
first day of May and the first day of November, in  any year,
and of the owner and consignee of such cotton, if upon examination it shall appear damaged or otherwise unsound, to make
an immediate report thereof to the mayor and the commissioners
of health.
*SEC. 25. Every master, or owner, or consignee, refusing or not reportneglecting to perform  the  duties  so enjoined, shall, for each ing
offense, forfeit to the commissioners of health the sum  of five
hundred dollars.
*SEc. 26. Every person, who  shall violate  any  regulation, Vating
order, or direction, of the  city  inspector or of the board  fof thistitle.
health, made or given in  the exercise of any  of the powers
vested in  them  by any  section  of this title, shall be considered guilty of a misdemeanor, and on conviction thereof be
subject to fine or imprisonment, or both, at the discretion of
the court.  Such fine shall not exceed one thousand dollars, and
such imprisonment shall not exceed two years.
*SEC. 27. Every practicing  physician, who  shall refuse or Physicians
subject to
neglect to perform  the duties enjoined on him  by the tenth sec- fine and imtion of this title, shall be considered guilty of a misdemeanor, prionnt
and shall also forfeit for each offense the sum of two hundred
and fifty dollars, to be sued for and recovered by the board of
health.
*SEC. 28. Every keeper of a boarding or lodging-house, and Penalties
every master, owner, or consignee of a vessel, who shall refuse or
neglect to obey the orders and directions of the mayor and the
commissioners of health, as provided in the eleventh and twelfth
sections of this title, shall be considered guilty of a misdemeanor, and on conviction shall be fined for each offense in a sum
not exceeding two hundred and fifty dollars, or be imprisoned
for a term  not exceeding six months
ARTICLE FOURTH.
General Provisions.
SEC. 29. The mayor, by proclamation, may extend the operation of this act, if the board
of health so determine.
30. Proclamation may be revoked on the necessity ceasing.
31. Penalties to be sued for by the commissioners of health.
32. Mayor and commissioners to give information of offenders to district attorney.
33. Suits not to abate by reason of the death of officer.
34. This title relates to all diseases dangerous to the public heal
35. The act to be printed and distributed.
36. Magistrates to aid the officers of health.
37. Bills of health to be granted by the mayor
38. Repeal of former statutes.




1068              ACTS RELATING TO THE CITY OFi NEW  YORK.
Power to   *SEC. 29. Whenever it shall appear to the board of health that
visions of  any of the provisions of this act, limited in their operations to a
certain period of the year, ought to be extended, the mayor of
the city shall issue his proclamation, extending such provisions
to such time as shall be determined on by said board, and such
provisions shall thereupon be extended accordingly, and with
the like effect as if the periods mentioned in the proclamation
had been herein enacted.
Mayor may    SEC. 30. If it shall appear to the board of health, while such
clamation. proclamation is still in force, that the necessity of extending the
period therein named has ceased, the mayor, by a new proclamation declaring the fact, shall revoke the proclamation issued
pursuant to the preceding section, which shall then -cease to
have effect.
Fines and  *SEC. 31. All fines, forfeitures,,and penalties imposed in this
palties.  act, or under the powers delegated therein, shall be paid to the
health commissioners to and for the use of the city of New York,
and such as are recoverable by suit shall be sued for by the
commissioners of health, in their name of office, unless otherwise
herein provided.
To giv in-   *SEC. 32. It shall be the duty of the mayor and the commisformation to
tho district sioners of health, and of each of them, to give information to the
attorney. district attorney of the city and county of New York of all offenses against the provisions of this act, that shall come to their
knowledge, that he may prosecute the offenders without delay
in the court of sessions of the city.
suits not to   *SEC. 33. No suit that shall be brought by the board of commissioners of health, or the health officer, or city inspector, in
their respective names of office, in pursuance of the authority
given in this act, shall abate on account of the death of the
officer or officers by whom the same shall be commenced.
Declaratory. *SEC. 34. The provisions of the foregoing titles of this act
shall extend to all diseases which, in the opinion of the board of
health, or of the mayor and commissioners of health, shall be
deemed dangerous to the public health, and nothing in this act
shall be construed to interfere with the remedies against nuisances, provided by the common law,
Act to be  *SEC. 35. The mayor and the commissioners of health shall,
printed and
istributed. from time to time, cause such parts as they shall deem necessary
of this act to be printed, and shall deliver the same to the respective pilots of the port, for distribution to masters of vessels
subject to quarantine.
Duties of   SEc. 36. It shall be the special duty of all magistrates and
magistrates. ivil officers, and of all citizens of the state, to aid to the utmost




PUBLIC  HEALTH  AND  EMIGRATION.                                   1069
of their power the board of health, and all the health officers
mentioned in this act, in the performance of their respective
duties.
*SEC. 37. Bills of health to masters of vessels shall be granted Bills of
by the mayor.
*SEC. 38. The act entitled  " An  act concerning  quarantine,  peal.
and regulations in the nature of quarantine, at the port of New
York," passed  May 13, 1846, is hereby repealed, but such repeal
shall be in no wise  construed or deemed  to  revive  any act or
part of an act repealed thereby.   And all other laws inconsistent with this act are hereby repealed.
But nothing contained in this act shall be construed as repealing any part of the act entitled  " An act to amend  the  charter
of the city of New York," passed April 2, 1849.
TITLE IV.
OF THE  COMMISSIONERS  OF EMIGRATION  AND  THEIR  DUTIES.(1)
ART. I. —Of the Marine Hospital, and Passengers arriving  at the
Port of New York.
ART. II.-Of the Protection of Emigrants.(2)
ARTICLE FIRST.
Of the Marine Hospital, and  Passengers arriving  at the Port of
New  York.
SEC. 1. Within twenty-four hours after arriving in port, masters of vessels must
report passengers, &c.
2. Mayor to require from the owner or consignee a bond for every passenger,
conditioned to indemnify, &c.
3. Amount of commutation; moneys to be deposited, and distributed to counties, except the county of New York, every three months.
4. Time allowed for giving bond modified.
5. Commissioners to examine into the condition of passengers; provision in case
of blind, lunatic, &c.
6. Persons chargeable upon the cities, towns, or counties, to be deemed as including all persons being, or to become, inmates of alms-houses, lunatic asylums, &c.
(1) The original fourth title was "Of the Marine Hospital andits Fiends." TheMarine
hospital was placed in charge of the commissioners of health, and provision was made
for its support by the collection of "hospital moneys" from the officers, crews, and passengers of vessels arriving at New York. By chapter 483 of the laws of 1847, it was
transferred to the commissioners of emigration, whose offices had been created by chapter 195 of the Laws of that year. The editors have placed under this title the existing
provisions of law relating to their powers and duties.
(2) The provisions of this article strictly do not relate to the public health; but, as
they prescribe important duties of the commissioners of emigration, the editors have
inserted the article in immediate connection with the laws relating to their other duties.




1070                   ACTS RELATING TO THE CITY OF NEW YORK.
7. Owner or consignee, refusing to give bond or pay money, subject to penalty.
8. Penalty for owner or consignee refusing to give bond or commute, &c.
9. Moneys paid commissioner of health under protest.
10. Duty of comptroller, in case it is determined they were illegally collected.
11. The health commissioner to be saved harmless, provided, &c.
12. In case of forfeiture of bond, the commissioners may bring an action upon it.
13. Suit may be brought in any court; commissioners may compromise it.
14. Personal property of certain emigrants, dying on their passage, to be disposed
of by the commissioners.
15. Office of commissioners of emigration created; certain duties.
16. Duty of commissioners, in case emigrants, for whom bonds have been given,
become chargeable to cities or towns.
17. Commissioners to employ agents, clerks, and servants.
18. Chamberlain to report to commissioners amount of commutation money
received by him.
19. Commissioners to report annually to the legislature.
20. Vacancies in the board filled by the governor and senate.
21. Commissioners to have the same power over poor children in their charge as
the governors of the alms-house.
22. Commissioners empowered to administer oaths; to bind out children, &c.
23. Commissioners t3 make an annual report to the legislature of moneys received, &c.
24. To make regulations for the government of any institution in which they may
support persons.
25. Marine hospital vested in the commissioners.
26. To employ superintendent, physicians, &c., for the Marine hospital.
27. The health officer to have no authority over the Marine hospital.
28. The commissioners may require the health officer to act as physician of the
Marine hospital; his duties in such case.
29. Salary of physician, assistant physicians, &c., of Marine hospital.
30. Powers and duties of physician of Marine hospital.
31. Officers of Marine hospital and their residence.
32. Physician to make annual report to legislature.
33. Commissioners to remove certain emigrants from hospital.
34. Physician to discharge duties of superintendent.
35. Repeal of inconsistent acts.
36. Penalties under this article to be sued for by commissioners.
37. Penalties may be enforced by attachment against vessels, &c.
38. Board of health may appoint agent, &c.
39. Superintendent of quarantine hospital to furnish board of health reports of
persons ill with infectious diseases.
40. Alien passengers for whom bonds have been given, or commutation paid, to
be received into the hospital.
41 and 42. Commissioners to examine and negotiate for purchase of a site for
hospitals at Sandy Hook.
43. If a cession is obtained, hospitals to be. erected, and the quarantine hospital
removed.
44. On completion of such hospitals, patients to be removed to them.
45. Place of burial for patients to be obtained.
46. Moneys drawn from the treasury by the commissioners to be reimbursed.
47. Commissioners authorized to borrow money in certain cases.
48. Before executing mortgage, certificate of approval to be obtained.
49. Moneys so borrowed not to be a claim against the state.
50. Commissioners may, with the approval of the governor, comptroller, and
attorney-general, sell or exchange lands purchased, &c.
51. Compensation of chaplains of Marine hospital.
52. Certain payments by commissioners of emigration to be made within three
years; interest to be paid on claims; proviso.
53. Sum of $30,000 to be loaned to commissioners.




PUBLIC HEALTH AND EMIGRATION.                       1071
*SEC. 1. Within twenty-four hours after the landing of any Mastr of
passenger from  any ship or vessel arriving at the port of New make" arYork, from  any of the United States other than this state, or sengers.
from any country out of the United States, the master or commander of the ship or vessel, from which such passenger or passengers shall have been landed, shall make a report, in writing,
on oath or affirmation, to the mayor of the city of New York,
or, in case of his absence, or other inability to serve, to the person
discharging the duties of his office, which report shall state the
name, place of birth, last legal residence, age, and occupation of
every person or passenger who shall have landed from such ship
or vessel on her last voyage to said port, not being a citizen
of the United States, and who  shall have, within the last
twelve months, arrived from  any country out of the United
States, and any place within the United States, and who
shall not  have  paid the  commutation  money, or  been
bonded'according to the provisions of this act, or of the act
hereby amended, or of the act of February eleventh, eighteen
hundred  and twenty-four, concerning  passengers in vessels
coming to the port of New York, nor paid commutation money
under the provisions of this or any former act. The same report
shall contain a like statement of all such persons or passengers
aforesaid as shall have been landed, or been suffered to land, from
any such ship or vessel at any place during such last voyage, or
who shall have been put on board, or suffered to go on board,
of any other ship, vessel, or boat, with the intention of proceeding to and landing at the said city of New York, or elsewhere,
within the limits of this state.  The said report shall further
specify whether any of the said passengers, so reported, are
lunatic, idiot, deaf, dumb, blind, infirm, maimed, or above the
age of sixty years; also, designating all such passengers as shall
be under the age of thirteen, or widows having families, or
women without husbands having families, with the names and
ages of their families, and shall further specify particularly the
names, last place of residences, and ages of all passengers who
may have died during the said last voyage of such vessel, also
the names and residences of the owner or owners of such vessel.
In case any such master or commander shall omit or neglect to
report, as aforesaid, any such person or passenger, with the particulars aforesaid, or shall make any false report or statement
in respect to any such person or passenger, or in respect to the
owner or owners of any such vessel, or in respect to any of the
particulars hereinbefore specified, such master or commander
shall forfeit the sum of seventy-five dollars for every such passenger, in regard to whom any such omission or neglect shall
have occurred, or any such false report or statement shall be
made, for which the owner or owners, consignee or consignees,
of every such ship or vessel shall also be liable, jointly and
severally, and which may be sued for and recovered as hereinafter provided.  [1847, ch. 195, ~ 1, as amended 1849, ch. 350,
~ 1, anid 1851, ch. 523, ~ 3.]




1072             ACTS RELATING TO THE CITY OF NEW YORK.
rMayuirbo   SEC. 2. It shall be the duty of the said mayor, or other person
from owner discharging the duties of his office, aforesaid, by an indorseor consignee                            pr      r
foreach pas-ment to be made on the said report, to require the owner or
senger.
g   consignee of the ship or vessel, from which such persons were
landed, to give a several bond to the people of the state, in a
penalty of three hundred dollars for each and every person or
passenger included in such report, such bond being secured as
hereinafter provided, and conditioned to indemnify and save
harmless the commissioners of emigration, and each and every
city, town, or county in this state, from  any cost which said
commissioners, or such city, town, or county, shall incur for the
relief or support of the person named in the bond, within five
years from the date of such bond, and also to indemnify and
refund to the said commissioners of emigration any expense or
charge they may necessarily incur for the support or medical
care of the persons named therein, if received into the Marine
hospital or any other institution under their charge. Each and
every bond shall be secured by two or more sufficient securities,
being residents of the state of New York, each of whom shall
prove, by oath or otherwise, that he is owner of a freehold in
the state, of the value of three hundred dollars over and above
all or any claim or lien thereon, or against him, including therein
any contingent claim which may accrue from or upon any former bond given under the provisions of this act, or such bond
may, at the option of the party, be secured by mortgage of real
estate, or by the pledge and transfer of public stock of the
United States or of the state of New  York, or of the city
of New  York, or by deposit of the amount of penalty
in some bank or trust company; such security, real or personal, having been first approved by the said mayor.  It
shall be lawful for any owner or consignee, at any time within
twenty-four hours after the landing of such persons or passengers from any ship or vessel in the port of New York, except
as in the section hereinafter provided, to commute for the bond
or bonds so required, by paying to the health commissioner of the
city of New York the sum of one dollar and fifty cents(1) for each
and every passenger reported by him, as by law required; the
receipt of such sum by said health commissioner shall be deemed
a full and sufficient discharge from the requirements of giving
bonds as above provided. The said health commissioner is
hereby required to pay over, daily, the said money, with an
account thereof, to the chamberlain of the city of New York.
But no owner or consignee shall be authorized to commute for
the bond so required for any passenger arriving in the port of
New York between the first day of December and the fifteenth
day of April, who may be sent to the Marine hospital from shipboard by the health officer, or by the authority of the board of
health of the city of New York, on account of illness from ship
(1) Made two dollars by chapter 224, section 13, of Laws of 1853.




PUBLIC HEALTH AND EMIGRATION.                        1073
fever. The commissioners of emigration shall have authority
to commute specially for any bond in such cases, at such rates
and in such manner as shall appear to them  equitable and
proper.  It shall be the duty of the health officer to report,
without delay, to the commissioners of emigration, the names
of all passengers sent, by his order, during the above-mentioned
period, from  shipboard to the Marine hospital, on account of
illness from ship fever.  For the duties performed by the health
commissioner, and named in this section, he shall be paid by
the commissioners of emigration at the rate of seventeen hundred and fifty dollars per annum, and he shall be paid the
remainder of his salary by the mayor, aldermen, and commonalty of the city of New York. And at and after the expiration
of the term of the present health commissioner, it shall be lawful for the commissioners of emigration to select, for the performance of the duties named in this section, and now performed
by the commissioner of health, either the mayor of the city of
New York, or the chamberlain of said city, or the health commissioner, and the compensation for the performance of said
duties shall be so much as such officer, so selected, and the commissioners of emigration may agree upon, and thereafter the
salary of the health commissioner shall be fixed by the mayor,
aldermen, and commonalty of the city of New York, and paid
from the treasury of said city.  [Same cz., ~ 2, as amended 1849,
ch. 350, ~2, and 1851, ch. 523, ~ 7.]
SEC. 3. The amount for which the master, owner or owners, Commutation.
consignee or consignees, of any such ship or vessel, may commute for any bond or bonds, authorized or required, by or pursuant to the seventh section of chapter five hundred and twenty-three of the laws of eighteen hundred and fifty-one, shall,
from and after the passage of this act, be two dollars for each
and every such passenger, instead of one dollar and fifty cents,
as now provided by law; and fifty cents of the amount commuted for any passenger or passengers shall be set aside as a
separate fund, for the benefit of each and every county in this
state, except the county of New York.  The commissioners of
emigration shall deposit the moneys of said fund, so set apart,
in any bank that the said commissioners may select, and the
same, or as much of it as may be necessary, shall be distributed
to the several counties, except the county of New York, once
in every three months, and the balance that may be left after
such three months' payment shall be paid over to the commissioners of emigration for general purposes.  [1853, ch. 224,
~ 13.]
*SEC. 4. The time allowed by the second section of chapter Bonds.
three hundred and thirty-nine of the Laws of eighteen hundred
and fifty, to any owner or owners, consignee or consignees, of
any ship or vessel bringing emigrants or passengers to the city
of New York, for giving the bond or bonds first mentioned in
68




1074             ACTS RELATING TO THE CITY OF NEW YORK.
said section, or paying the money, also therein mentioned, shall
henceforth be twenty-four hours, instead of three days, from
the landing of said passengers; and the time allowed by the
said section to the said owner or owners, consignee or consignees, of any such ship or vessel, for giving other bond or bonds
mentioned in said section, shall be twenty-four hours, instead of
six days, from the making of the requirement for such last mentioned bond or bonds.  [1853, ch. 224, ~ 1.]
Commissioners to exam'  *SEC. 5. It shall be the duty of the commissioners of emigrane into th tion, hereafter named, to examine into the condition of passenpassepgers. gers arriving at the port of New York in any ship or vessel, and
for that purpose all or any of the said commissioners, or such
other person or persons as they shall appoint, shall be authorized to go on board and through any such ship or vessel, and if;
on such examination, there shall be found among such passengers any lunatic, idiot, deaf; dumb, blind, maimed, or infirm
persons, or persons above the age of sixty years, or widow with
a child or children, or any woman without a husband, and with
a child or children, or any person unable to take care of himself
or herself without becoming a public charge, or who, from any
attending circumstances, are likely to become a public charge,
or who, from sickness or disease existing at the time of departure from the foreign port, are or are likely soon to become a
public charge, they shall report the same to the said mayor particularly, and thereupon, and unless a bond, as required in the
second section of this act, shall have been given, the said mayor,
or the person discharging the duties of his office, shall require,
in the indorsement to be made as aforesaid, or in any subsequent
indorsement or indorsements thereon, and in addition to the
commutation money, that the owner or consignee of such ship
or vessel, with one or more sufficient sureties, shall execute a
joint and several bond to the people of the state, in a penalty
of five hundred dollars for every such passenger, conditioned to
indemnify and save harmless the commissioners of emigration,
and each and every city, town, or county, within the state, fiom
any further cost or charge, which said commissioners, or any
such city, town, or county, shall incur for the maintenance or
support of the person or persons named in such bond, or any of
them, within five years from the date of such bond. The sureties to the said bonds shall be required to justify before and to
the satisfaction of the officer making such indorsement, and by
their oath or affirmation shall satisfy such officer that they are
respectively residents of the state of New York, and worth
double the amount of the penalty of such bond, over and above
all debts, liabilities, and all property exempt from  execution.
The subsequent indorsement authorized in this section may be
made at any time within thirty days after such examination, or
of the landing of any such person or passenger.  [1847, ch. 195,
3, as amended 1851, ch. 523, ~ 4.]




PUBLIC HEALTH AND EMIGRATION.                       1075
*SEC. 6. The persons hereafter becoming chargeable upon any
city, town, or county, within this state, for the payment of any
expense, of whose maintenance and support, incurred by any
such city, town, or county, it is made the duty of the commissioners of emigration' to provide, by the "Act concerning
passengers in vessels coming to the city of New York," passed
May fifth, eighteen hundred and forty-seven, or any act amendatory thereof, shall be deemed and taken to include all persons
otherwise within the description and provisions of such act or
acts, who shall be or become the inmates of any alms-house,
lunatic asylum, work-house, house of correction, penitentiary,
jail, bridewell, or prison, under commitment, sentence, or conviction, by an officer or officers, court, or magistrate, under any law
of this state, as vagrants or disorderly persons. [1855, ch.
426, ~ 1.]
*SEC. 7. Any owner or consignee, as aforesaid, who shall neglect of:eoal by
or refuse to give any such bond or bonds or security therefor, as g"igboe. t
hereinbefore required for each person or passenger landing from
his ship or vessel, within twenty-four hours after the landing of
such persons or passengers, in respect to bonds required by the
second section of this act, or shall not within that time have
paid the moneys authorized by said second section to be received
in cases where such bonds are herein authorized to be commuted
for, every such owner or consignee of such ship or vessel,
severally and respectively, shall be subject to a penalty of five
hundred dollars for each and every person or passenger on whose
account such bond may have been required, or for whom such
commutation money might have been paid under this act; such
penalty to be sued for as provided for in the twelfth section of
the said act hereby amended.  [1849, ch. 350, ~ 5, as amended
1856, ch. 147, ~ 36.]
*SEC. 8. If any owner or consignee, as aforesaid, shall refuse RiLsing to
or neglect to give any such bond or bonds, as hereinbefore [This section
required, according to the second section of this act, for each 4 or'fit~Y
person or passenger landing from  his ship or vessel, within title.
three days after the landing of such persons' or passengers,
or shall not within that time have paid the moneys authorized by said second section to be received in cases where
such bonds are herein authorized to be commuted for, or shall
refuse or neglect to give the bonds required by the third section
of this act to be given in certain cases, on the requirement of
the mayor of the city of New York, or other person discharging
the duties of his office, made according to the provisions of said
section, within six days after such requirelment being so made,
every such owner or consignee of such ship or vessel, severally
and respectively, shall be subject to a penalty of five hundred
dollars for each and every person or passenger on whose account
such bond may have been required, or for whom such commu



1076               ACTS RELATING TO THE CITY OF NEW  YORK.
tation money might have been paid under this act; such penalty
to be sued for as provided for in the twelfth section of the said
act'hereby amended. In every case where any fine, penalty, or
forfeiture, shall be incurred by the owner or owners, consignee
or consignees, master or commander, of any vessel arriving at
the port of New York, under any of the provisions of the acts
concerning passengers coming to the city of New York, passed
5th May, 1847, and of this act, by reason of their neglect or
refusal to give the bonds of any of them, required by law, the
consignee of such passengers, in relation to whom such neglect
or refusal shall have occurred, shall be liable in the same penalties, and may be sued and recovered against in the same manner,
as is by law provided in relation to the owner or owners,
consignee or consignees, of the vessel. [1849, ch. 350, ~ 5, as
amended 1850, ch. 339, ~ 2.]
hYtyof the   *SEC. 9. Whenever the health commissioner shall collect and
missioner  receive any money, under protest and notice, on the part of the
payer, of an intention to contest the right of the state to such
moneys, it shall be his duty to pay the moneys so received into
the treasury of this state, making at the same time, and delivering to the treasurer, a written statement of the circumstances
under which the same was received, and the objections made by
the payer.  [1844, ch. 316, ~ 2.] (1),Dutytof   * SEC. 10. It shall be the duty of the comptroller, whenever it
comptroller.
is ascertained and established by the judgment and decree of a
competent court that the moneys so received into the treasury
under protest have been illegally collected, and do not belong
to the state, to draw  his warrant on the treasurer for such
moneys in favor of the party entitled thereto. [Same ch., ~ 3.]
(1)
Saving     *SEC. 11. The health commissioner, who shall pay into the
treasury of this state public moneys collected by him  under
protest, shall be saved harmless against the consequences of any
action brought against him  for the recovery of moneys so reProviso    ceived and paid: provided that such health commissioner shall,
within five days, give notice to the comptroller and attorneygeneral of the commencement of any suit against him for the recovery of the moneys paid under protest, and shall submit the
management of the suit to the attorney-general; and all costs
and charges connected with the defense of said suit shall be paid
from the treasury in the same manner as if the suit was against
the people of the state.  [Same ch., ~4.](1)
(1) These sections are taken from " An act to amend the Revised Statutes in relation
to the Marine hospital and its funds." Their provisions were intended to meet the case
of " hospital moneys" paid under protest. The repeal of the laws authorizing the collection of those moneys may have abrogated the provisions of these sections, yet, as it
is possible that moneys may still be paid to the health commissioner under protest, they
are retained.




PUBLIC HEALTH AND EMIGRATION                          1077
*SEC. 12. If any person, for whom  a bond shall have been Provision in
case  a  pergiven, as aforesaid, shall, within the time specified in such bond, son becomes
become chargeable upon any city, town, or county, of this state, thiagtyleor
or upon the moneys under the control of the said commissioners, town.
as aforesaid, the said commissioners may bring an action on such
bond in the name of the people of this state, and shall be entitled
to recover on such bond, from time to time, so much money, not
in the whole exceeding the penalty of such bond exclusive of
costs, as shall be sufficient to defray the expenses incurred by
any such city, town, or county, or the said commissioners, for
the maintenance and support of the person for whom such bond
was given, as aforesaid, and shall be authorized to collect and apply such money, from any of the real or other security mortgaged,
pledged, or deposited therefor, in conformity to this act. [1849
ch/. 350, ~ 4.]
*SEc. 13. The penalties and forfeitures prescribed by this act, Penalties.
may be sued for and recovered, with costs of suit, by and in the
name of said commissioners of emigration, in any court having
cognizance thereof, and when recovered shall be applied to the
purposes specified in this act.  It shall be lawful for the said
commissioners, before or after suit brought, to compound for
any of the said penalties or forfeitures, upon such terms as they
shall think proper.  [1847, ch. 195, ~ 12.]
SEc. 14. Whenever any alien emigrant, whose personal pro- Efects of
perty shall not exceed the value of twenty-five dollars, shall die dying.
on the passage to the port of New York, or in the Marine hospital, or in any other establishment under the charge of the cor
missioners, and in all cases in which minor children of alien passengers shall become orphans by their parents or last surviving
parent dying, as aforesaid, the personal property which such
alien emigrant, or such parent or parents, may have had with
them shall be taken in charge by the commissioners of emigration, to be by them appropriated for the sole benefit of the next
of kin of such alien emigrant or of said orphan children; and
said commissioners shall give, in their annual report to the
legislature, a minute description of all cases in which property
shall come into their possession by virtue of this section, and the
disposition made of the same, unless it shall appear that there
are other persons entitled by will or otherwise to such property
or distributive share thereof. Whenever it shall so appear, the
portion only to which the next of kin or said minor or orphans
would be legally entitled shall be transferred to them, or applied to their use, and the remainder shall be received, held, and
distributed to the parties severally entitled thereto, in the same
manner and with the same authority as by law provided in respect to the public administrator of the city of New York, except that the said commissioners are hereby authorized to distribute the same, after a notice for creditors to appear and put




1078             ACTS RELATING TO THE CITY OF NEW YORK.
in their claims, within one week from the publication of the said
notice. The said notice shall be published once in one of the
daily papers of the city of New York.  [1847, ch. 483, ~ 5, as
amended 1850, ch. 339, ~ 3, and 1S51, ch. 523, ~ 1.]
Commission
ersof emi-    SEC. 15. Gulian C. Verplauck, James Boorman, Jacob Hargation.   vey, Robert B. Minturn, William F. Havermeyer, and David C.
Golden are hereby appointed commisioners, for the purpose of
carrying into effect the intent and provisions of this act, of whom
the said Gulian C. Verplanck and James Boorman shall constitute the first class, and shall hold their office two years; the said
Jacob Harvey and Robert B. Minturn shall constitute the second
class, and hold their office four years; and the said William F.
Havermeyer and David C. Colden shall constitute the third class,
and hold their office for six years; and, upon the expiration of
their several terms of office, their places shall be filled by appointments, to be made by the governor, by and with the advice and consent of the senate, and the persons so appointed
shall respectively hold their offices for the term of six years.
The mayor of the city of New York, the mayor of the city of
Brooklyn, the president of the German society, and the president of the Irish emigrant society of New York, shall also severally, by virtue of their respective offices, be commissioners as
aforesaid.  The said commissioners shall be known as the
"Commissioners of Emigration," and by that title shall be
Their ow- capable of suing and being sued.  The money so as aforesaid to
be paid to the chamberlain of the city of New York shall be
paid out on the warrant of the said commissioners, or a majority
of them. It shall be the duty of the said commissioners to provide for the maintenance and support of such of the persons for
whom commutation money shall have been paid, as aforesaid, or
on whose account bonds shall have been taken, as aforesaid, as
would otherwise become a charge upon any city, town, or county, of this state; and the said commissioners shall appropriate
the moneys aforesaid, for that purpose, in such manner as to indemnify, so far as may be, the several cities, towns, and counties, of the state, for any expense or charge which may be incurred for the maintenance and support of the persons aforesaid,
such appropriation shall be in proportion to the expenses incurred by said cities, towns, and counties, severally, for such maintenance and support.  And, the more fully to effect the object
contemplated by this act, the said commissioners are authorized
to apply, in their discretion, any part of the said money to aid
in removing any of said persons from any part of this state to
another part of this, or any other state, or from this state, or in
assisting them to procure employment, and thus prevent them
from becoming a public charge: The said commissioners are
also authorized, in their discretion, to apply any part of the said
moneys to the purchase or lease of any property, or the erection
of any building, which they may deem necessary for the pur



PUBLIC HEALTH AND EMIGRATION.                      1079
pose aforesaid. But any expense so incurred by the commissioners, in any city, town, or county, shall be charged to the
share of such moneys which any city, town, or county shall be
entitled to receive thereof, for expense incurred in the support
or maintenance of the persons for whom commutation money
shall have been paid, as aforesaid, or on whose account bonds
shall have been taken, as aforesaid. [1847, ch. 195, ~ 4.]
*SEC. 16. In case any of the persons for whom  commuta- Commissiontion money has been paid, as aforesaid, or for whom  a bond theexpeses
1 1  of towns and
has been given, as aforesaid, shall, at any time within five cities  for
years from the payment of such money, or the execution ofchargeable,
such bond, become chargeable upon any city, town, or county, etc'
within this state, it shall be the duty of the said commissioners
to provide for the payment of any expense incurred by any
such city, town, or county for the maintenance and support of
any such person, out of the commutation money to be paid as
aforesaid, and the moneys collected on such bonds, so far as the
same will enable them to do so. The said commissioners shall
prescribe such rules and regulations as they shall deem proper,
for the purpose of ascertaining the right and the amounts
of the claim  of any city, town, or county to indemnity under
the provisions of this and the preceding section.  The said
commissioners shall have power to provide for the support and
maintenance of any persons for whom  commutation  money
shall have been paid, or on whose account a bond shall have
been given, as hereinbefore provided, and who shall become
chargeable upon any city, town, or county, in such manner as
they shall deem proper; and after such provision shall have
been made by such commissioners, such city, town, or county
shall not be entitled to claim  any further indemnity, for the
support and maintenance of such person. [1847, ch. 195. ~ 5.]
*SEc. 17. The said commissioners are authorized to employ Agetto be
such agents, clerks, and servants as they shall deem  necessary for the purposes aforesaid, and to pay a reasonable compensation for their services out of the moneys aforesaid. [Same
ch., ~ 6.]
*SEC. 18. The chamberlain of the city of New York shall, Chamberlain to reon the first Monday of January  in. every year, and at such portannuother times as he shall be thereunto required by the said com- aly
missioners, report to them  the amount of money received by
him since his last previous report, for commutation money as
aforesaid, and the amount of such  moneys remaining in his
hands. [Same ch., ~ 7.]
*SEC. 19. The said commissioners shall annually, on or be- Commissionfore the first day of February in each year, report to the legis- tolegislalature the amount of moneys received under the provisions of tar'




1080               ACTS RELATING TO THE CITY OF NEW  YORK.
this act during the preceding year, and the manner in which
the same has been appropriated particularly.  [Same ch., ~ S.]
Vacancies    *SEC. 20. In case of a vacancy in the said board of commishow to be
slpplied.  sioners, the same shall be filled by an appointment to be made
by the governor, by and with the advice and consent of the
senate.  The person so appointed shall hold his office for the
remainder of the term of the person in whose place he shall be
appointed. The said commissioners shall in all cases be residents of the city of New York, or city of Brooklyn.  [Same ch.,
9.]
*SEC, 21. The commissioners of emigration, or any one or
more of them, shall have and exercise the same powers and
authority in relation to poor children, actually chargeable upon
or receiving support from said commissioners, as are now by law
conferred upon the governors of the alms-house, by section
seven, of chapter three hundred and twenty-four of Laws of
eighteen hundred and fifty.(l)  [1847, ch. 483, ~ 3, as amended
1851, ch. 523, ~ 2.]
Pomerssin-  *SEC. 22. The said commissioners of emigration are, and each of
Oefs     them is, hereby vested with the same powers in regard to the administering oaths of office to employees, and to the binding out
of children, with consent of parents or next of kin, actually
chargeable upon them, and also in regard to persons in the institution, or any of them, under the charge of said commissioners, for the prevention or punishment of an infraction or violation of the rules or orders and regulation of such commissioners
or their officers, in regard to such institutions, as are possessed
by the governors of the alms-house in the city of New York, or
any of them, for the same purposes.  [1853, ch. 224, ~ 2.]
Annual re-  SEC. 23. The commissioners of emigration shall annually, on
or before the first day of February in each year, report to the
legislature the amount of moneys received, under the provisions of this act, during the preceding year, and the manner
in which the same have been appropriated; stating particularly
in detail the sum of each appropriation, and the purposes for
which the same have been made.  [Same ch., ~ 3.]
To make the   *SEC. 24. The commissioners of emigration are authorized to
necessary
regulations make such regulations as they may deem necessary for the govtutiolne     ernment of any institution in which they may support such persons as become chargeable to them, and for the employment of
the inmates thereof.  [1847, ch. 483, ~ 4, as amended 1849, ch.
350, ~ 9.]
arine ho-   *SEC. 25. The institution belonging to this state now known
pital, etc.,
vested in  as the Marine hospital, and all the lands and buildings thereon,
commissioners of emigration.    (1) Section 7 of chapter 329 was probably intended. That gave the governors of the
alms-house power to bind out children under their care as apprentices.




PUBLIC HEALTH AND EMIGrIATION.                        1081
and all lands and buildings which may hereafter be purchased
or erected and designated for such Marine hospital, or lands and
buildings used for quarantine purposes, are hereby vested in the
commissioners of emigration, to be by them held in trust for the
people of this state; and the sole and exclusive control of the
same, except in regard to the sanitary treatment of the inmates
thereof, is hereby given to the"said commissioners of emigration,
for the purpose of receiving therein all persons for whom bonds
may be required, or for whom any bond or bonds may have been
given, required, or commuted for, under the provisions of this
act, or the acts hereby amended, suffering under or afflicted with
any contagious or infectious disease, or other disease preventing
their immediate removal to any more distant hospital, and who
shall be sent to such hospital by the direction of the health officer, or under his authority.  F1847, ch. 483, ~ 1, as amended
1849, ch. 350, ~ 6.]
*SEC. 26. The commissioners of emigration are authorized to Commissio
elgiul                    ers to em1employ and appoint and dismiss at pleasure a superintendent (1), ploy Phyiphysicians, and such other officers, nurses, and orderlies, and,t.
such servants as they shall deem necessary for the management
and care of the Marine and other hospitals used for quarantine
purposes, and to pay all needful expenses therefor out of the
moneys under their control; but the moneys received under
any of the provisions of this act, as commutation money, or
upon bonds given for or on account of any persons or passengers
landing fromn  vessels at the port of New York, or elsewhere,
shall not be applied or appropriated to any other purpose or
use than to defray the expenses incurred for the care, support,
or maintenance of such persons or passengers, nor shall such
passengers be  entitled  to  any aid from  the commissioners
of emigration after they shall have left the state of New York,
and' been absent therefrom for more than one year.  Nothing in
this act contained shall be deemed to affect the authority of the
board of health, nor the mode of appointment of the health officer, resident physician, or commissioner of health of the city of
New York, or to prevent the health officer from  selecting his
own medical assistants, other than those of the Marine hospital,
for any duties required by law to be discharged by him, or under his authority.  [1849, ch. 350, ~ 8, as amended 1851, ch
523,  5.]
*SEc. 27. The health officer shall not, by right of office, have HeeIth offany other authority over the Marine hospital, or medical charge
as physician thereof, than as in this act provided.  [1851, ch.
523, ~ 14.]
(1) By section 12, Laws of 1853, the physician of Marine hospital is authorized to discharge duties of superintendent.




1082             ACTS RELATING TO THE CITY OF NEW  YORK.
Herath. of    *SEC. 28. The commissioners of emigration are authorized to
require the health officer to perform the duties of physician to
the Marine hospital; in which case he shall reside within the
quarantine inclosure, and perform  the duties of physician of
Marine hospital and all other duties appertaining to that office,
and discharge the patients from the hospital without compensation therefor, other than is now  by law  allowed him as health
officer, and he shall not be entitled to demand or receive from
the commissioners of emigration any pay or compensation whatever for services performed by him, except where a written
contract to that effect shall have been entered into by them.
He shall also perform the duties of superintendent without compensation, if so required by the commissioners of emigration,
and (at and after the expiration of the term of the present health
officer) he shall pay the wages of the boatmen whom  they shall
respectively employ, and the commissioners of emigration shall
in no respect be liable therefor.  [1849, ch. 350, ~. 17, as
amended 1851, ch. 523, ~ 6.]
Salaries of    *SEC. 29. The "physician of Marine hospital" shall have and
phnassi   receive an annual salary of five thousand dollars, to be paid
ants.    quarterly; and each of the assistant physicians shall have and
receive a salary of one thousand two hundred dollars per annum,
to be paid quarterly or monthly, as the commissioners of emigration may determine; and in that ratio for any period of service of such physician or assistant, and all salaries and other
compensation of such physician and assistant physicians, and of
all nurses, orderlies, and servants, or others necessarily employed in and about the business, care, and proper management of
such Marine or other hospital for quarantine purposes, shall be
paid by the commissioners of emigration, from  and out of
moneys collected upon the bonds hereinbefore required to be
given by the owners or consignees of vessels arriving with and
landing passengers at the port of New York, or from the commutation moneys paid upon or in lieu of such bonds, in accordance with the provisions of this act, and all the expenses of
such Marine or other hospital for quarantine purposes shall,
as far as practicable, be defrayed by said  commissioners out
of and from the moneys and securities in this act specified;
but nothing in this act contained shall be so construed as to
authorize the payment of any salary or compensation for services rendered by said commissioners of emigration or any of
them.(1)  [1849, ch. 350, ~ 20.]
Powers and  *SEC. 30. The powers and duties of the physician of Marine
physician of hospital shall be as follows:
Marine hospital.     1. To select and appoint, subject to the approval of the commissioners of emigration, such and so many assistant physicians,
(1) This section may have been abrogated by the preceding sections.




PUBLIC HEALTH AND EMIGRATION.                       1083
nurses, orderlies, and other employees of the " Marine hospital"
as may be found necessary for the care and management of the
said hospital, and the proper treatment of the inmates thereof,
and to suspend or remove the same; but the rate of pay of said
assistant physicians, nurses, orderlies, and other employees, shall
be regulated and determined by the commissioners of emigration.
2. To have the general charge and control of the "Marine
hospital," and to make and enforce such rules and regulations for
the government of the same, and the treatment of the sick inmates thereof as shall seem  to him  necessary and expedient,
to maintain the said " Marine hospital" as a quarantine establishment.
3. To report the health officer in writing, from time to time,
and as often as may be, the persons sufficiently recovered from
sickness to be discharged from said hospitals, or any of them.
4. To receive into the Marine hospitals all persons of contagious, infectious, or pestilential disease, which may be sent thither
by the health officer, or under his authority, or under the authority of the board of health of the city of New York, except itch
and syphilis, which shall not be construed as diseases entitling
those suffering from them  to be admitted as patients into the
Marine hospital.
5. And to allow or permit the health officer at all times to have
free access to the several wards of the Marine hospitals, for the
purpose of examining the sick inmates thereof, in order to enable
the said officer to judge as to the necessity for detaining the vessels fiom  which said sick may have been landed.  [1856, ch.
147, ~ 35.]
*SEc. 31. All officers and employees of the Marine hospital,
except chaplains, shall be required to reside within the quarantine inclosure, and the commissioners of emigration are hereby
directed to  provide  suitable accommodations for the same.
[1853, ch. 224, ~ 7.]
*SEC. 32. The physician of Marine hospital shall present to Annual'r
the legislature annually, on or before the first of March, aort'
report of the general condition of the hospital under his charge,
with the statistics of the institution in detail, and such other
information and suggestions in regard to the same as he may
deem advisable, and testify the same by his affidavit; he shall
also furnish to the board of health of the city of New York,
and to the commissioners of emigration, whenever required
by them so to do, an official return of the numbers and diseases of the patients in the Marine hospital. [Same ch., ~ 9.]
*SEC. 33. The commissioners of emigration shall remove Removal of
from  the Marine hospital, and take charge of, all emigrants   hooiwhose quarantine has expired, and who shall have sufficiently ta1.




1084             ACTS RELATING TO THE CITY OF NEW YORK.
recovered from  the diseases with which they were admitted,
on  the notification, in  writing, of the physician of Marine
hospital, that such  removal will not, with  ordinary  care,
endanger the safety of the individual, or the health of the
community.  [Same ch., 5 11.]
aPhysics to  *EC. 34. The physician of Marine hospital shall discharge
i tendent. the duties of superintendent of Marine hospital, under the
commissioners of emigration, and without further pecuniary
compensation than that allowed him  as physician.  [Same ch.,
*SEc. 35. All acts and parts of acts, inconsistent with or
repugnant to the provisions of this act, are hereby repealed.
[Same ch., ~ 14.]
Penalties    *SEC. 36. The penalties and forfeitures prescribed in and by
an d forfeitnres,how  this act may be sued for and recovered with costs of suit, by
smed for an ad in the name of the said commissioners of emigration, in
recovered.                                               en
any court having cognizance thereof, and, when recovered, shall
be applied to the support of such Marine or other hospital for
quarantine purposes, as specified in this act.  It shall be lawful
for the said commissioners,. before or after suit brought, to
compound or commute for any of the said penalties or forfeitures upon such terms as they shall think proper, also to commute and compound, with the owner or consignee of any ship
or vessel, for any such bond or bonds as are required, in section
three of this act, to be given by such owner or consignee, for
such person or persons, passenger or passengers, as have been
paupers in any other country, or who, from sickness or disease
existing at the time of departure from the foreign port, are,
or are likely soon to becomee a public charge, or who shall be
sent to the Marine or other hospital for quarantine purposes, in
accordance with the provisions of this act, in consequence of sickness or disease existing at the time of departure from the foreign
port, the commutation for said last-mentioned bond or bonds to
be fixed by said commissioners at such sum as they shall deem
justa ld equitable, and sufficient to defray the necessary expenses
consequent upon the care, support, and maintenance of the
persons for whom  such commutation shall be paid, during the
existence and continuance of their then sick or diseased state.
[1849, ch. 250, ~ 21.]
Penalty or'SEC. 37. Any ship or vessel, whose master or commander,
Ifrfeiture.
owner or owners, shall have incurred any penalty or forfeiture
under this act, or under the act of April 11, 1849, amending
the same, entitled " An act to amend certain acts concerning
passengers coming to the city of New York," shall be liable
for such penalties or forfeitures, which may be a lien upon such
ship or vessel, and may be enforced and collected by warrant of
attachment, in the same manner as is provided in title eight, of




PUBLIC HEALTH AND EMIGRATION.                       1085
chapter eight, of the third part of the Revised Statutes, all the
provisions of which title shall apply to the forfeitures and penalties imposed by this act; and the said commissioners of emigration shall, for the purposes of such attachment, be deemed
creditors of such ship or vessel, and of her master or commander, and owner or owners, respectively. [1847, ch. 195, ~ 13, as
amended 1850, ch. 339, ~ 1.]
*SEC. 38. The board of health of the city of New York may Board of
appoint any physician in their employ, or in that of the cor- appoint a1
missioners of emigration, to act as the agent of the board of agent
health in all matters concerning the protection of the city
against the introduction of contagious or infectious diseases.
[1849, ch. 350, ~ 1.]
*SEC. 39. It shall be the duty of the superintendent ofthe superintendent to report
Marine or other hospital, used for quarantine purposes,    to fu  toard of
nish to the board of health, as often as may be required, a full healt
and correct report of all persons in the said hospital affected
with any contagious or infectious disease, and of all such patients
as may die or be discharged as cured; such report shall be countersigned by the agent of the board of health, and no persons
who may be, or who have been, received as patients affected
with contagious or infectious diseases, or under treatment as
such, shall be discharged or removed from the Marine or other
hospital used for quarantine purposes, without a permit in
writing from the health officer. [Same ch., ~ 12.]
*SEc. 40. The  commissioners of emigration  shall receive  hat alien
into the Marine or other hospital, for quarantine purposes, all PSsteo ere.
alien passengers for whom  bonds shall have been given or corn- hospital.
mutation paid, under the several acts of this state relating to alien
passengers arriving at the port of New York, who shall be affected with any contagious or infectious disease, and sent to
such hospital by the authority of the health officer. They shall
defray the expenses of such patients out of the moneys by them
received on account of bonds or commutation.  They shall also
receive and provide for all other patients or passengers who shall
have landed from any vessel at the port of New York, affected
with any contagious or infectious disorder, who shall be directed to be so received by the health officer or the board of health;
they shall be entitled to receive for each person so admitted
(other than aliens as above mentioned) at the rate of three dollars per week for their support and medical care, which shall
be at the expense of the owner or consignee of any vessel in
which such person shall have arrived and from which they shall
have landed, and no vessel shall be permitted to leave quarantine until such expense shall have been paid, or secured to be
paid, to the satisfaction of the commissioners of emigration, or




1086             ACTS RELATING TO THE CITY OF NEW YORK.
the officer duly authorized by them for such purpose. [1849,
ch. 350, ~ 13.]
Duty of com-  *SEC. 41. The commissioners of the land office, with the
missioners of
the land of- health officer of the port of New York, are hereby directed,
fice  and
halth offi- personally, to examine and determine whether, in their opinion,'   the promontory known as Sandy Hook, in the state of New
Jersey, will be a proper and convenient site for the establishment of a marine hospital; and they shall be paid such reasonable sum for traveling expenses, out of the moneys appropriated
by this act, as the comptroller may deem  proper.  [1849, ch.
309, ~ 1.]
When to ne-  *SEC. 42. If the commissioners and health officers named in
gotiate with
the U.S. and the preceding section, or a majority of them, shall deem Sandy
N. Jersey for
land.     Hook a proper and convenient site for such hospital, it shall be
the duty of the commissioners of the land office to enter into
a negotiation with the government of the United States, and,
if necessary, with the state of New Jersey, for such cession of
so much and such parts of the promontory known as Sandy
Hook as may be selected by the said commissioners for the
erection of hospitals for the purposes hereinafter mentioned.
[Same ch., ~ 2.]
Hospitals,   *SEC. 43. The commissioners, immediately after such cession
when to be
erected.  is made, shall transfer the same to the commissioners of emigration, who shall proceed to erect a hospital for infectious and
contagious diseases, and such other buildings and improvements
thereon, and on the land under water adjoining the same,
as may be necessary for the comfort and accommodation of
patients sick of infectious or contagious diseases, and who now
are, by law, received into the quarantine hospitals on Staten
Island: Provided, however, that the whole cost of the said hospital, other buildings and improvements so to be erected, shall
not exceed the sum of fifty thousand dollars. [Same ch., ~ 3.]
Patients,    *SEC. 44. Immediately after such hospitals are erected and
when to bo
removedto ready for use, the commissioners of health shall, forthwith, but
the new
hospitals.  with due regard to the condition of the sick, cause all patients
afflicted with contagious or infectious diseases in the Marine
hospital to be removed to the said hospitals at Sandy Hook, the
expense thereof to be paid out of the moneys appropriated by the
eighth section of this act; and persons afflicted with such diseases,
and diseases suspected to be infectious or contagious, and who, by
the existing laws, are entitled to be received into the Marine
hospital, shall, in future, be sent to such hospital at Sandy Hook,
and shall not be received into the Marine hospital; and all the
police regulations of the hospitals at Staten Island shall be
held to apply to the hospitals at Sandy Hook.  [Same ch., ~ 4.]
*SEC. 45. The commissioners of emigration shall, as soon as




PUBLIC HEALTH AND EMIGRATION.                       1087
practicable after the passage of this act, procure a suitable place Brial places
on Staten Island or elsewhere, remote from the premises of the curedro
Marine hospital, for the burial of patients who may die in said
hospital. [Same ch., ~ 5.]
*SEc. 46. All sums of money drawn pursuant to the provisions Moneysh
drawn, how
of this act shall be reimbursed to the treasury out of any sur- reimbursed.
plus moneys which, by the laws of this state, the commissioners of health, or the commissioners of emigration, are or may
be entitled to receive, and which, in the opinion of said commissioners of emigration, will not be required for other necessary
disbursements. [Same ch., ~ 6.]
*SEC. 47. The commissioners of emigration are authorized to May borro
borrow, from  time to time, such sums of money as may be
needed for the support of the Marine hospital, or for the reimbursement of the several cities or counties of this state their
expenses incurred for the support of emigrant paupers, or for
any other expenditures as may be authorized by law to be made
by the said commissioners; and to mortgage, for the securing MIortgasge
the payment of the moneys so borrowed, any of the real estate
held or purchased by the said commissioners for the people of
this state, or which may hereafter be purchased by the commissioners. [1850, ch. 2S, ~ 1.]
*SEC. 48. Before executing any such mortgage, the commis- Proviso
sioners of emigration shall present to the governor, comptroller,
and attorney-general a statement, showing the reason of such
loan and the intended application thereof, and a description of
the real estate intended to be mortgaged; and no such mortgage
shall be lawful unless a certificate of approval thereof shall be
first given, signed by the governor, comptroller, and attorneygeneral. Such certificate may be acknowledged, or framed, or
worded, in the manner by law provided in respect to conveyances of real estate. Every such mortgage shall be executed
by a majority of the commissioners. [Same chl., ~ 2.]
*SEC. 49. The moneys so borrowed shall in no case be a claim  Ioneys,
against the state, but shall be repaid out of the surplus funds
received by the commissioners, or from the proceeds of the lands
mortgaged.  [Same ch., ~ 3.]
*SEC. 50. The commissioners of emigration are hereby author- Commoissio
ized and empowered, by and with the consent and approval of
the governor, comptroller, and attorney-general, to sell or exchange, and give conveyances for, any lands, or any portion
thereof, which have been or may hereafter be purchased by
them as such commissioners.  [1851, ch. 523, ~ 8.]
* SEC. 51. The annual compensation of the chaplains of the
Marine hospital, now located on Staten Island, shall hereafter




1088             ACTS RELATING TO THE CITY OF NEW YORK.
be six hundred dollars each, in lieu of all other compensation to
said chaplains now provided by law.  [1857, cA. 515.]
upport of   *SEC. 52. The payment by the commissioners of emigration
of the amounts payable or coming to any of the cities, towns,
or counties, of this state, for any moneys paid out or expenses incurred previously to the first day of May next, by any
of them, for the support or maintenance of any emigrant passengers who may have arrived at the port of New York, and who,
or on whose account a bond may have been given, or commutation, under and pursuant to chapter one hundred and ninety-five
of the Laws of eighteen hundred and forty-seven, or of any laws
amendatory thereof, or in addition thereto, may be made by said
commissioners at any time within three years from the said first
day of May, and not before, unless the said commissioners shall
be in funds applicable thereto. In the payment of said claims,
the said commissioners shall allow and pay to the said cities,
towns, and counties, interest upon the amounts severally due
them: provided, always, that nothing herein contained shall
postpone the payment to such cities, towns, and counties respectively of the moneys which may have been appropriated for the
reimbursement of said cities, towns, and counties respectively
by an act entitled "An act for the removal of the quarantine
station," passed MIarch sixth, eighteen hundred and fifty-seven,
whenever such moneys may be realized; and provided, also,
that the said sum  of fifty cents, mentioned in the thirteenth
section of chapter two hundred and twenty-four of the Laws of
eighteen hundred and fifty-three, shall be paid and distributed
as provided in said act.  [1857, ch. 673, ~1.]
Loan to   *SEC. 53. There shall be loaned to the commissioners of emigraoemission- tion, out of any money in the treasury not otherwise appropriated,
gration.  the sum of thirty thousand dollars, or so much thereof as may be
necessary to repay and make up any overdraft made by the
said commissioners for the support of the institution at Ward's
Island, and Marine hospital, on the presentation of satisfactory
vouchers thereof to the comptroller; provided that the said
commissioners of emigration shall enter into a contract in
writing, with the comptroller, to repay the state, out of their
commutation fund, the sum  so to be loaned within one year
from the time when such loan shall be made; whereupon the
treasurer shall pay the sum aforesaid to the commissioners of
emigration on the warrant of the comptroller, and the comptroller is hereby directed to draw  his warrant therefor.  [Same
ch., ~ 2.




PUBLIC HEALTH AND EMIGRATION.                                          1089
ARTICLE SECOND.(1)
Of the Protection of Emigrants.
SEC. 64. The commissioners of emigration to procure docks and piers for the exclusive
use of landing emigrants.
55. Ship masters, owners, and consignees to cause alien passengers and their
baggage to be landed on such piers, &c.; commissioners to make regulations, &c.
56. Where emigrant passengers to be landed.
57. Passengers notto be removed from vessels at quarantine except for quarantine
regulations as to health.
68. Explanatory of first and second sections.
69. Penalty for violating provisions of act.
60. Penalties to be lien on ship or vessel.
61. Landing from steamboats.
62. Certain acts repealed.
63. Keepers of boarding-houses for emigrants to be licensed; rates of prices to be
kept posted in their public rooms.
64. No lien on effects of emigrant boarder except for such prices; complaints for
violation of this section..65. Persons without license restrained from soliciting emigrants; license to be
granted and revoked; bond to be given; badge to be worn by person licensed;
penalty for violating provisions of act; how bonds are to be sued.
66. Agents to be appointed to advise and caution emigrants.
67. Agents for booking emigrant passengers to be licensed; lists of prices and fares
to be posted in their offices; penalties for frauds.
68. Public officers restricted from soliciting business for transportation lines, and
from being concerned in forwarding emigrants.
69. Penalties to be sued for by commissioners of emigration.
70. Commissioners to make annual report to the legislature on oath.
71. Provision in case of a deficiency of funds.
72. Penalty for selling tickets to emigrant passengers beyond a certain fixed rate.
73. Penalty for fraudulently obtaining passage tickets from passengers, &c.
74. Penalty for selling tickets over regular price advertised by company.
75. Runners not to enter emigrant ship before landing of passengers; penalty;
misdemeanor.
76. Penalty may be remitted; when.
77. Saving clause.
78. Inconsistent acts repealed.
79. Companies, associations, and persons, undertaking to transport by railroad, &c.,
emigrant second-class passengers, from certain places, to deliver to mayors
of certain cities, statements of rates of fare and price per hundred pounds for
carriage of baggage; statement to contain description of routes, &c.; statement of changes in rates to be delivered to mayors.
80. What the tickets, receipts, or certificates are to contain.
81. Unlawful to bargain for or receive greater price than that contained in state.
ments delivered to mayors, or rates fixed by proprietors of lines; emigrants
over four years of age to be furnished with certain seats.
(1) This article consists of chapter 219 of the Laws of 1848,.entitled "An act for
the protection of emigrants arriving in the state of New York," with the amendments
made by subsequent legislation. It also consists of chapter 218 of the Laws of 1853, entitled " An act for the protection of emigrant passengers arriving at the city of New
York;" chapter 619 of the Laws~of 1853, entitled " An act to amend the act for'the protection of emigrant passengers arriving at the city of New York," passed April 13, 1853;
chapter 474 of the Laws of 1855, entitled " An act for the protection of emigrants, secondclass, steerage, and deck passengers;" and chapter 679 of the Laws of 1857, entitled
" An act for the protection of emigrants, and to amend chapter two hundred and nineteen of the Laws of eighteen hundred and forty-eight, and chapter four hundred and
and seventy-four of the Laws of eighteen hundred and fifty-five." The numbers within
brackets are those of the original act.
69




1090                 ACTS RELATING  TO THE CITY  OF NEW  YORK.
82. Penalty for violating provisions of first and second sections of this act.
83. Duty of magistrate issuing warrant for apprehension of person violating provisions of third section; proceedings to be had.
84. Commissioners of emigration to designate place for landing emigrant passengers.
85. To purchase lease and construct wharves for accommodation of emigrant
passengers.
83. Duty of health officer; penalty for violating provisions of this section; penalty
a lien on ship, &c.
87. Inconsistent acts repealed.
88. Commissioners of emigration authorized to grant andrevoke licenses to persons
conveying to any dock, &c., in the city of New York, emigrant passengers
from ships in which they arrive.
89. Unlawful to remove passengers, unless license granted and not revoked.
90. Penalties for violating provisions of this act; penalties declared a lien on vessel;
proceedings to be had.
91. Personal baggage, where to be landed; penalty for violating provisions of this
section; penalty a lien, and how enforced.
92. Existing laws concerning quarantine, not impaired or modified.
Docks or     *SEC. 54. [SEC. 1.] The commissioners of emigration are herepiers may
baleased   by  authorized  and  empowered to  lease or purchase suitable
or purchased docks or piers in the city of New  York, and to erect necessary
for the use of
emigrants  inclosures thereon, and such docks and piers to be appropriated
and set apart for the exclusive use of landing emigrants, alien
passengelrs; but no docks or piers shall be purchased or leased
without the approval and consent of the common council of said
city, and the expense thereof, not to exceed fifteen thousand
dollars, shall be paid out of the moneys paid in pursuance of the
provisions of an act entitled " An  act concerning passengers in
vessels coming to the city of New York, passed May  5, 1847,"
and be considered and charged as applied to the general purposes
of said act.  On application being made to them  by any steamboat or lighter proprietor, who is a citizen of good moral character, and shall give good security in a sum  not exceeding five
hundred dollars, to comply with the provisions of this act, the
said commissioners are hereby authorized and directed to grant
licenses to  receive  alien  passengers  and  their baggage fiom
vessels arriving at the port of New York, subject to quarantine,
or from  the passengers' docks at quarantine, to be landed at the
emigrant piers or docks aforesaid; and the said conmmissioners
shall have power to revoke the license of any person violating
the provisions of this act.  And every captain of a steamboat,
or lighter, not properly licensed for such purpose pursuant to
this section, who shall convey any emigrant passengers from
any such vessels, shall be liable to a penalty of one hundred
dollars for each and every offense, to be recovered by the said
commissioners of emigration.
Passengerse    *SEC. 55. [SEC. 2.] It shall be the duty of every ship master,
on theemi- owner, or consignee, bringing to the port of New  York any
granters  alien emigrants, steerage, or second-cabin passengers, in vessels
not subject to quarantine, to cause the same, with their baggage,




PUBLIC HEALTH AND EMIGRATION.                       1091
to be landed on the emigrant piers aforesaid, either directly from
the vessel, or by means of some steamboats, or lighters, licensed
as aforesaid; and the landing of them  upon any other pier or
wharf shall be punished by a fine not less than one hundred
dollars, which fine may be recovered of the master, owner, or
consignee of such ship or vessel. The commissioners of emigration are hereby empowered to make all necessary regulations
for the preservation of order, and the admission to, or exclusion
from, said dock, of any person or persons excepting such as are
duly licensed, and any person violating any of such regulations
shall be liable to a penalty of one hundred dollars for each and
every offense, to be recovered by the said commissioners of
emigration.
*SEC. 56. The owner or owners, consignee or consignees, ^dnge.
master, commander, or person having charge of any ship or vessel
arriving at the port of New York with passengers emigrating to
the United States, shall.land all such passengers on some one of
the public wharfs of the city of New York, excepting, however,
such wharfs as are owned or rented by, or are under the control
of any steamboat, or railroad, or forwarding company, or line.
[1853, ch. 218, ~ 1.]
*SEC. 57. No owner or owners, consignee or consignees, master, commander, or person having charge of any such ship or
vessel, shall order any such passengers to be taken or removed
from such ship or vessel, at quarantine or elsewhere, excepting
for the purpose of quarantine regulations as to health, or shall
give orders, or permit, or allow any runner, or person on behalf
of, or connected with, any steamboat, railroad, or forwarding
company or line, or emigrant boarding-house, to solicit or book
any such passengers, or to enter or go on board such ship or
vessel prior to the landing of such passenger, as is provided for
in the first section of this act.  [Same ch., ~ 2, as amended 1853,
ch. 619, ~ 3.]
*SEc. 58. The first and second sections of this act shall apply Explanatory
of Ist and 2S
to the owner or owners, consignee or consignees, master, com- sections.
mander, or persons having charge of any steamboat or other
vessel employed for the purpose of conveying any passengers
from quarantine.  [Same ch., ~ 3.]
*SEC. 59. Any consignee or consignees, master, commander, Penaltyfor
violating
or person having charge of any ship, steamboat, or vessel, who provision of
act.
shall violate any of the provisions of this act, and the owner'
or owners of such ship, steamboat, or vessel, severally and
respectively, shall be subject to a penalty of five hundred dollars for each and every violation of any of the provisions of this
act, to be sued for and recovered, with costs of suit, by and in
the name of the commissioners of emigration, in any court hav



1092             ACTS RELATING TO THE CITY OF NEW YORK.
ing cognizance thereof, and, when recovered, one-half of said
recovery shall be paid to the person furnishing information and
evidence of such violation, and the remainder of such recovery
shall be applied and used by said commissioners of emigration
for the purposes for which said commissioners are constituted.
[Same ch., ~ 4.]
Penalties to    SEC. 60. Any ship, steamboat, or vessel, whose master, combo liens on
ship or ves- mander, owner, or owners, shall have incurred any penalty or'se.    forfeiture, under the provisions of this act, shall be liable for
such penalties or forfeitures, which shall be a lien upon such
ship or vessel, and may be enforced or collected by warrant or
attachment, in the same manner as is provided in title eight of
the third part of the Revised Statutes, all the provisionsof which
title shall apply to the forfeitures and penalties imposed by this
act; and the said commissioners of emigration shall, for the
purpose of such attachment, be deemed creditors of such ship,
steamboat, or vessel, and of her master or commander and owner
or owners, respectively. [Same ch., ~ 5.]
Landing    *SEC. 61. Nothing in this act contained shall be construed to
from steamboats.    prevent the landing of such emigrant passengers, from steamboats or other vessels, in the manner provided in the first section
of this act, in any case where the ship or vessel from which such
passengers are taken shall be unable to come to any such public
wharf, provided such steamboat or other vessel shall be employed
at their own expense by the owner, consignee, master, or person
having charge of the ship or vessel from which such passengers
are taken, for the purpose of landing the same, in consequence
of their inability to bring such ship or vessel to said public
wharf; and the provisions of the second section of this act
shall apply to such steamboat or other vessel so employed. [Same
ch., ~ 6.]
*SEC. 62. All acts and part of acts, inconsistent with this
act, are hereby repealed. [Same ch., ~ 10.]
Persons    *SEC. 63. [SEC. 3.] All persons keeping houses in any of the
boarding  cities of this state, for the purpose of boarding emigrant passenhouses to
take out  gers, shall be required to have a license for said purpose from
license   the mayor of the city in which such houses are located, and such
persons so licensed shall pay to the said city the sum  of ten
dollars per annum, and shall give bonds satisfactory to said
mayor, with one or more sureties, in the penal sum  of five
hundred dollars, for their good behavior, and the proper conduct of all agents and runners in their employ, and said mayor
is hereby authorized to revoke such license for cause. Every
keeper of such boarding-house shall, under a penalty of fifty
dollars, cause to be kept conspicuously posted in the public
rooms.of such house, in the English, German, Dutch, French,




PUBLIC HEALTH AND EMIGRATION.                       1093
and Welsh languages, and printed upon business cards, to be Notices in
kept for distribution as hereinafter provided, a list of the rates langages to
of prices which will be charged emigrants per day and week beput up in
each house.
for board and lodging, and also the rates for separate meals,
which card shall contain the name of the keeper of such house,
together with its number and the name of the street in which
such house is situated. The keeper of such house shall also file CoPy thereof
to be filed
a copy of said list, in the city of New York, in the office of the with corncommissioners of emigration, and in each of the other cities of lemigrathis state, with the mayor of said city, and with the agent of the tio.
commissioners of emigration, and the keeper of any emigrant
boarding-house who shall neglect or refuse to post a list of rates,
or to keep business cards so as above provided, or who shall charge
or receive, or permit or suffer to be charged or received, for the
use of such keeper or for any other person, any greater sum
than according to the rates of prices so posted and printed on
business cards, and if any runner employed by any emigrant
boarding-house keeper, or any emigrant boarding-house keeper
himself, shall engage any emigrants as guests for such boardinghouse, without delivering to every such emigrant a printed
business card as above provided, he shall, upon conviction
thereof, be deprived of his or her license, and be punished by a
fine not less than fifty, nor more than one hundred dollars, to be
recovered in the city of New  York by the commissioners of
emigration, and in the other cities of this state by the mayorg
thereof, and any person who shall keep a boarding or lodginho
house for emigrants within any of the cities of this state, wheshall refuse or neglect to obtain a license in pursuance of the
provisions of this section, shall, upon the first conviction, forfeit
the penalty of one hundred dollars, and upon a subsequent conviction shall forfeit the penalty of two hundred dollars, to be
recovered by the persons and in the manner above set forth.
[As amended 1849, ch. 432.]
*SEC. 64. [SEC. 4.] No keeper of any emigrant boarding- Restrictlon..              as to lien on
house shall have any lien upon the baggage or effects of any effects of
emigrant, for boarding, lodging, storage, or any other account boarders.
whatever, for any greater sum than shall be due from such emigrant for boarding and lodging, according to the rates or prices
so posted as above provided; and, upon complaint being made
upon oath before the mayor, or any police magistrate, of the city
in  which such boarding-house is located, that the luggage
or effects of any emigrant are detained by the keeper of any
emigrant boarding-house, under pretense of any lien upon such
luggage or effects, or on any claim or demand against the owner
or owners thereof, for any other or greater sum than in accordance with such rates, it shall be the duty of the officer, before whom  such complaint is made, immediately to issue his
warrant, directed to any constable or policeman of said city,
commanding him or them to bring before him the party against




1094            ACTS RELATING TO THE CITY OF NEW  YORK.
whom  such complaint has been made, and, upon conviction
thereof, the officer, before whom such conviction shall be had,
shall cause said goods to be forthwith restored to the owner
thereof, and the party so convicted shall be punished by a fine
not less than fifty dollars, and not exceeding one hundred dollars, and shall be committed to the city prison until the said
fine shall be paid, and until such luggage or effects shall be
Rightofap- delivered to such emigrants.  Any person so convicted shall
peal.    have the right of appealing from the decision of such mayor or
magistrate, to the same tribunals and in the same manner as is
provided by law from appeals from the decisions of justices in
civil cases, and all the provisions of law  relating to appeals
from justices shall apply, so far as applicable, to appeals from
such mayor or other magistrate.  But such appeal shall not
authorize the detention of such luggage or effects after the
payment of the sum  which such mayor or magistrate shall
adjudge to be justly due from such emigrant. [As amended 1849,
ch. 321.]
persons    *SEC. 65. [SEC. 5.] No person shall in any city of this state
license   solicit emigrant passengers, or their luggage, for emigrant boardrestraicedit ing-houses, passenger offices, forwarding transportation lines, or
ing emi-  for steamers, ships, or vessels, bound or about to proceed to any
grants for
boarding  port not within this state; or for any person or for any company selling or offering for sale passage tickets, or contracting
or offering to contract for passage in any such steamer, ship, or
vessel, without a license for that purpose, which shall expire at
the end of one year from its date; such license may be issued
and revoked in the discretion of the mayor of the city where
such license may have been granted, except in the city of New
York, in which such license may be issued or revoked only by
and in the discretion of the commissioners of emigration, for
cause, as hereinbefore provided. Such person receiving such
license shall pay the sum of twenty dollars, and give a bond,
with two sufficient sureties, in the penalty of five hundred
dollars, conditioned for the good behavior and the observance by him of the provisions of this act, to the mayor of the
city issuing the same, or to the commissioners of emigration, as the case may be. The money thus received or collected
on said bonds shall be for the benefit of said city, or of the emigrant fund. Every person so licensed shall wear, in a conspicuous place about his person, a badge or plate, of such character, and in such time and manner as said mayor, or, in the city
of New York, as such commissioners shall prescribe, with the
words "LicensedEmigrant Runner " inscribed thereon, with his
name and the number of his license. No person who is not of
approved good moral character shall be licensed as such runner.
Every person who shall solicit alien emigrant passengers, or
other's, for the benefit of boarding-houses, passenger offices, or
forwarding or transportation lines, or for any steamer, ship, or




PUBLIC HEALTH AND EMIGRATION.                       1095
vessel bound or about to proceed to any port not within the
state of New York, or for any person or company selling or
offering for sale passage tickets, or contracting or offering to
contract for passage in any such steamship or vessel, upon
any street, lane, alley, or upon any dock, pier, or public highway, or in any other place within the corporate bounds of any
city in this state, or upon any waters adjacent thereto, over
which any of said cities may have jurisdiction, without such
license, shall be deemed guilty of a misdemeanor, and shall be
punished by imprisonment in the county prison or jail not less
than three months, nor exceeding one year.
The bonds mentioned in the foregoing sections may be sued Bonds
by and in the name of the mayor of the city in which such
license may have been issued, and in the city of New York by
and in the name of the commissioners of emigration, in any
court having cognizance thereof; and in case of a breach, the
said mayor, or the said commissioners, shall recover the full
penalty of said bond.  [As amended 1857, ch. 579, ~ 4.]
*SEC. 66. [SEC. 6.] The commissioners of emigration may, Persons may
- *..-.                                       b'  -.  be appointed
when in their opinion it shall seem necessary, appoint a proper to boardvea.
person or persons to board vessels fiom foreign ports at the,iioe
quarantine ground or elsewhere, in the port of New York, having emigrants
on board emigrant passengers, for the purpose of advising such
emigrants, and putting tlhem  on their guard against fraud and
imposition; and the health officer is hereby required to prevent
any person or persons from going on board such vessels, which
may be subject to examination by him, until after the said person
or persons, appointed by the commissioners of emigration, shall
have had sufficient opportunity to perform their duty.
*SEc. 67. [SEC. 7.] No person or persons shall exercise the Agentsor
vocation of booking emigrant passengers, or taking money for bookingemigrant pastheir inland fare, or for the transportation of the luggage of such SgElrs to
passengers, without keeping a public office for the transaction of ihavoc
such business, nor without the license of the mayor of the city licese.
in which such office shall be located, for which he shall be paid
the sum of twenty-five dollars per annum. Every such office and
place for weighing luggage shall be at all times, when business
is being transacted  therein, open to  the commissioners of
emigration, or their agent, duly appointed, and no scales or
weights shall be used for such purpose, but such as have been
inspected and sealed by the city inspector of weights; and every stablishmerts to
such establishment shall have posted in a conspicuous place and,,ve notices
manner, at its place of business, in the English, German, Dutch, posted, etc.
French, and Welsh languages, a list of prices, or rates of fare for
the passage of emigrant passengers, and the price per hundred
pounds for transportation of their luggage to the principal
places to which the proprietors thereof undertake to convey
such passengers; and shall also deliver a copy of such list to the




1096             ACTS RELATING TO THE CITY OF NEW YORK.
commissioners of emigration, or to their agent, in any city where
such agency shall be established; and any person or company who
shall charge or receive, or allow to be charged or received, by
any person in his or their employment, a greater amount than
is specified in said list of prices, or who shall defraud any emigrant in  the weight of his or her luggage, or who  shall
receive money from an emigrant or emigrants, for their passage,
or for the transportation of their luggage, and shall refuse or
neglect to issue to the person or persons so paying their fare, or
Tickets to for the transportation of their luggage, a ticket which shall state
beissed  the time and place of such issue, the number of persons so
paying, the distance in miles to the place to which fare is
received, the amount so received, the number of pounds of baggage, and the price per hundred pounds for its transportation;
which said ticket shall be signed by the person or persons
in whose names the establishment is conducted, and if more than
one person is interested in the concern as a partner, then the full
name of all the persons so interested in said concern shall
be printed or written on the ticket; or who shall issue any such
ticket directed to an agent, without first having made arrangements with some responsible person or persons to act as his, her,
or their agent, or who shall issue a ticket so as aforesaid for
the passage of any emigrant, or his or her luggage, which shall
not be promptly redeemed by the agent or consignee, according
to the terms of the agreement, as set forth in the ticket, or who
shall in any way fail or neglect to fulfill any contract for the
passage of any emigrant, or for the transportation of any
luggage,, made with an emigrant, or who shall issue to any
person blank receipts signed by him  or them, or who shall
permit his, her, or their name or names to be used by any other
person or persons, in said business of booking emigrant passengers and their luggage, or taking money for their fare or transportation of their luggage, shall, together with all other persons
concerned in the violation of these provisions, be deemed guilty
Punishment. of a misdemeanor, and shall, upon conviction, be punished by
confinement in the city or county prison, not less than six
nor more than twelve months; and any person or company
receiving money, as aforesaid, for the passage of emigrants, or for
the transportation of their luggage, without such office and
license, or who shall refuse admission, as aforesaid, to such office
or place of weighing luggage, during the time of transacting
business therein, or who shall neglect to post the said list
of rates, as aforesaid, or who shall neglect or refuse to furnish a
copy thereof, as aforesaid, or who shall make any arrangement or
engagement with any emigrant for his passage or transportation,
or any runner or agent connected with or employed by such
forwarding establishment, make such engagement or arrangement without delivering to every such emigrant a printed card
(in the language of the country to which said emigrant may
belong) of prices or rates of fare, which will be charged every




PUBLIC I-EALTI AND EMIGRATION.                      1097
emigrant for his passage or for transportation of his baggage or
effects to the principal places on the route which he, the said
emigrant, is about to travel, or every such keeper, or owner or
owners, or runner or runners, connected therewith, or any
licensed emigrant runner or runners, shall be deemed guilty of
a misdemeanor, and shall, upon conviction, be punished by imprisonment in the county prison for a period not less than three
nor more than six months.  Licenses under this section may be
revoked for cause; and no person shall be licensed under this
section, who is not of good moral character, and a citizen of the
United States.  The commissioners of emigration are hereby Commissionauthorized to employ such agents, clerks, and servants, as they ploy agents,
shall deem necessary for the purposes aforesaid; and they shall
appoint at least one agent in each of the cities of Albany,
Rochester, and Buffalo, and pay a'reasonable compensation to
such agents, clerks, and servants, for their services, out of the
moneys aforesaid. [As amended 1849, ch. 432.]
*SEC. 6S. [SEC. 8.] No person holding office under the gov- Restrictions
ernment of the United States, or of this state, or of any of its ing custom
cities, or who shall be in the employment of the commissioners portatio
of emigration, shall solicit custom for any transportation line, or lines
shall be interested in any way, directly or indirectly, in the
forwarding of emigrants, under a penalty of not less than one
hundred dollars, and not exceeding three hundred dollars, to be
sued for in the name of the people of this state, and which
money, when collected, shall be paid into the county treasury,
for the use of the poor of said county.
*SEC. 69. [SEC. 9.] The penalties and forfeitures prescribed Penalties,
how to be
by this act, except as is hereinbefore otherwise provided, shall sued for and
be sued for and collected in the name of the people of this collected
state, and applied in the same manner specified in the foregoing
section, except so far as this act applies to the city of New
York, where the same may be sued for and recovered with costs
of suit, before any court having cognizance thereof, by and in
the name of the commissioners of emigration: and, when so
recovered, shall constitute a part of the fund, and be disposed
of in the same manner as commutation moneys now derived
from emigrant passengers.
*SEC. 70. [SEC. 10.] The commissioners of emigration shall commission
ers, to make
annually make and return to the legislature, with their annual an annual
report, an affidavit, in and by which they shall respectively Pratdavt.
swear or affirm, each for himself, to the correctness of such
report, and that he hath not, directly or indirectly, been interested in the business of boarding emigrants, in the transportation of any emigrant passengers through any portion of the
interior of this country, or had, made, or received, directly or
indirectly, any gain, profit, or advantage, by or through the




1098               ACTS RELATING TO THE CITY OF NEW  YORK.
purchase of supplies, the granting of any contract or contracts
herein, or licenses, privilege or privileges, or the employment of
any officer, servant, or agent, mechanic, laborer, or other person,
in the business under the control of said commissioners.
Provision in    SEC. 71. [SEC. 11.] In case the moneys now appropriated
case of deftciency of  by law for the support of the fever and small-pox hospitals at
nds',    quarantine shall be exhausted during the recess of the legislature, the commissioners of emigration may use such portions
of the commutation money, collected pursuant to act of May
5, 1847, for the support of said hospitals, as the governor,
attorney-general, and comptroller may certify to be necessary
for such purpose.
selling    *SEC. 72. Any person who shall sell, or cause to be sold, a
passage ticket, or order for such ticket, to any emigrant passenger, at a higher rate than one and a quarter cent per mile;
or shall take pay for any ticket, or order for a ticket, under any
false representation as to the class of said ticket, whether emigrant or first class, shall, upon conviction, be deemed guilty of a
misdemeanor, and be punished by a fine of two hundred and
fifty dollars, and imprisonment in the county jail for not less
than sixty days. [1853, ch. 215, ~ 7.]
Fraudulently  *SEC. 73. Any person who shall, directly or indirectly, by
obtaining
passage   means of false representations, purchase or receive fiom  any
tickets from
passengers. emigrant passenger any passage ticket, or who shall procure or
solicit any such passenger, having a passage ticket, to exchange
the same for any other passage ticket, or to sell the same and
purchase some other passenger ticket, shall be deemed guilty of
a misdemeanor; and upon conviction shall be punished by fine
and imprisonment. [Same ch., ~ 8.]
Penalty for   *SEC. 74. Any person who shall sell or dispose of any ticket,
selling
ticketgsover or order for ticket or tickets, at a price or for a consideration
regurisce beyond the highest price advertised for tickets by the company
bycompany. advertising at the highest price, published according to the
provisions of this act or any other law, shall be, upon conviction thereof in any of the courts of this state, deemed guilty of
a misdemeanor, and imprisoned therefor in one of the prisons of
this state for a term of not exceeding two years. [Same ch.,
~9.]
*SEC. 75. Any runner or person acting for himself, or for and
on behalf of, or connected with, any steamboat, railroad, or forwarding company, or emigrant boarding-house, who shall solicit or book any passengers emigrating to the United States,
and arriving at the port of New York, before such passenger
shall have left the vessel in which he has so arrived, or who
shall enter or go on board any ship or vessel so arriving with




PUBLIC HEALTH AND EMIGRATION.                      1099
emigrant passengers, prior to the landing of such passengers
therefrom, and also any person, company, or corporation having
employed such person for the purpose of soliciting and booking
such passengers, prior to their leaving the vessel in which they
may arrive, shall be severally subject to a penalty of one hun- Penalty.
dred dollars for each offense, to be sued for and recovered in the
same manner, and subject to the same provisions of law, as
enacted in respect to other penalties imposed by the several
acts regulating the powers and duties of the commissioners of
emigration.  Any person violating the provisions of this section
may also be indicted for a misdemeanor, which violation shall
be held and taken to be a misdemeanor, and he shall, on convic- Misdemean.
tion, be punished by fine not exceeding one hundred dollars, or o
imprisonment for sixty days.  [1853, ch. 619, ~ 1.]
*SEC. 76. In any case of violation of the provisions of this act, Penraltyte
or of the act hereby amended, whenever it shall be made to when.
appear to any court having jurisdiction thereof, upon satisfactory evidence, that such violation was not intentionally committed, or with a view to the profit of the person committing
the same, or for or on behalf of some owner, consignee, or other
person, nor by any culpable negligence, it shall then be lawful
for the said court to remit or compound the penalty for such
violation, on such terms as may, in their judgment, be just and
equitable to  all persons  interested in the matter.  [Same
ch., ~ 2.]
*SEC. 77. Nothing in this act, or the act hereby amended, sa
shall be taken or construed to prevent any passenger arriving
at the port of New York, and not detained under the authority
of the laws for the preservation of public health, from leaving
the vessel in which he so arrives, whenever and in any way he
shall prefer, upon his personal request or demand so to do, to
the commander of such vessel.  [Same ch., ~ 4.]
*SEC. 78. All acts and parts of acts, inconsistent with the Repal.
provisions of this act, are hereby repealed.  [Same ch., ~ 5.]
*SEC. 79. It shall be the duty of all companies, associations,
and persons hereafter undertaking to transport or convey, or
engaged in transporting or conveying, by railroad, steamboat,
canal boat, or propeller, any immigrant, second-class, steerage,
or deck passenger, from  the city, bay, or harbor of New York,
to any point or place distant more than ten miles therefrom, or
fiom the cities of Albany, Troy, and Buffalo, the town or harbor
of Dunkirk, or the suspension bridge, to aahy other place or
places, to deliver to the mayors of the cities of New York, Albany, Troy, and Buffalo, on or before the first day of April, in
each and every year, a written or printed statement of the price
or rates of fare to be charged by such company, association, or




1100             ACTS RELATING TO THE CITY OF NEW YORK.
person, for the conveyance of such immigrant, second-class,
steerage, and deck passengers respectively, and the price per
hundred pounds for the carriage of the luggage, and the weight
of luggage to be carried free of such passengers, from  and to
each and every place from  and to which any such company,
association, or person, shall undertake to transport and convey
such passengers; and such prices or rates shall not exceed the
prices and rates charged by the company, association, or person,
after the time of delivering such statement to the said mayors,
and such statement shall also contain a particular description of
the mode and route by which such passengers are to be transported and conveyed, specifying whether it is to be by railroad,
steamboat, canal boat, or propeller, and what part of the route
is by each, and also the class of passage, whether by immigrant
trains, second-class, steerage, or deck passage.
In case such companies, associations, or persons shall desire
thereafter to make any change or alteration in the rates or
prices of such transportation and conveyance, they shall deliver to
the said mayors, respectively, a similar statement of the prices
and rates as altered and changed by them, but the rates and
prices as so changed and altered shall not be charged or received
until five days after the delivery of the statement thereof to the
said mayors, respectively. [1855, ch. 474, ~1.]
*SEC. 80. Every ticket, receipt, or certificate, which shall be
made or issued by any company, association, or person, for the
conveyance of any immigrant, second-class, steerage, or deck
passengers, or as evidence of their having paid for a passage, or
being entitled to be conveyed from either or any of the points
or places in the first section of this act mentioned, to any other
place or places, shall contain, or have indorsed thereon, a printed
statement of the names of the particular railroad or railroads,
and of the line or lines of steamboats, canal boats, and propellers, or of the particular boats or propellers, as the case may
be, which are to be used in the transportation and conveyance
of such passengers, and also the price or rate of fare charged or
received for the transportation and conveyance of any such
passenger or passengers, with his or their luggage.  [Same
ch., ~2.]
*SEC. 81. It shall not be lawful for any person or persons to
demand or receive, or bargain for the receipt of, any greater or
higher price or rate of fare for the transportation and conveyance of any such immigrant, second-class, steerage, or deck
passengers, with their luggage, or either, from either or any of
the points or places in the first section of this act mentioned, to
any other point or place, than the prices or rates contained in
the statements which shall be delivered to the mayors of the
cities of New York, Albany, Troy, and Buffalo, and said commissioners, respectively, as in the said first section provided for,




PUBLIC HEALTH AND EMIGRATION.                      1101
or the price or rates which shall be established and fixed for the
transportation and conveyance of such passengers and their
luggage, or either, by the proprietors or agents of the line or
lines, or means of conveyance, by which such passenger or passengers, and their luggage, are to be transported or conveyed.
In all cases each immigrant over four years of age, conveyed by
railroad, shall be furnished with a seat, with permanent back
to the same, and when conveyed by steamboat, propeller, or
canal boat, shall be allowed at least two and one-half feet square
in the clear on deck.  Such deck shall be covered, and made
water-tight overhead, and shall be properly protected at the
outsides, either by curtains or partitions, and shall be properly
ventilated. [Same ch., ~3.]
*SEc. 82. Any company, association, person, or persons, violating or neglecting to comply with any of the provisions of the
first or second sections of this act, shall be liable to a penalty
of two hundred and fifty dollars for each and every offense, to
be sued for and recovered in the name of the people of this
state; and every person violating any of the provisions of the
third section of this act, shall be deemed guilty of a misdemeanor, and, on conviction thereof, the person offending may
be punished by a fine not exceeding two hundred and fifty dollars, or by imprisonment not exceeding one year, or by both
fine and imprisonment, in the discretion of the court; one-half
of which fines, when recovered, shall be paid to the informer,
and the other half into the county treasury, where the action
shall be tried, or the conviction had. [Same ch., ~4.]
*SEc. 83. It shall be the duty of every magistrate, who shall
issue a warrant for the apprehension of any person or persons,
for violating the provisions of the third section of this act,
within twenty-four hours after such person or persons shall
have been taken and brought before him, to take the testimony
of any witness who may be offered to prove the offense charged,
in the presence of the accused, who may, in person or by counsel, cross-examine such witness.  The testimony so taken shall
be signed by the witness, and be certified by the magistrate,
and in case such magistrate shall commit the accused to answer
the charge, he shall, immediately thereafter, file the testimony
so taken with the district attorney of the county in which the
offense was committed, to be used on the trial of or any further
proceedings against the accused; and the testimony so taken
shall be deemed valid and competent for that purpose, and be
read and used with the like effect as if such witness were orally
examined on such trial or proceedings.  After the testimony of
any witness shall be so taken, he shall not be detained, nor be
imprisoned, or compelled to give any recognizance for his future
appearance as a witness on any trial or proceeding thereafter to
be had in the premises. [Same ch., ~ 5.]




1102             ACTS RELATING TO THE CITY OF NEW YORK.
*SEC. 84. The commissioners of emigration shall, from time
to time, designate some one place in the city of New York, as
they shall deem proper, for the landing of emigrant passengers,
and it shall be lawful for such passengers to be landed at such
place so designated by the commissioners of emigration.  [Same
ch., ~ 6.]
*SEC. 85. The commissioners of emigration shall have authority to purchase, lease, construct, and occupy such wharfs, piers,
and other accommodations, in the city of New York, as may
be necessary for the accommodation of emigrant passengers for
the purposes mentioned in the last preceding section.  [Same
ch., ~ 7.]
Duty of   *SEC. 86. The health officer shall give notice, in writing, to
health officor.       the owner or owners, consignee or consignees, master, commander, or person having charge of every vessel, having emigrant passengers on board of such vessel, destined for the city
of New York, to land such passengers and their personal baggage at such pier or place in the said city of New York as has
been, or may at any time be, designated specially by the commissioners of emigration for the landing of emigrant passengers and
their personal baggage; and it shall not be lawful to land such
passengers or their personal baggage at any other pier or place;
and the owner or master of any vessel, from which passengers
or their personal baggage shall be landed in violation of the
provisions of this section, shall be subject to a penalty of fifty
dollars fbr each and every person, or his baggage, so landed in
violation thereof; which penalty shall be forthwith a lien on
such ship or vessel, and may be, immediately upon such violation, sued for, enforced, and recovered, with costs of suit, in the
name of and by the commissioners of emigration, either by an
action in any court having cognizance thereof, or by attachment,
under and pursuant to article first of title eighth, chapter eighth
of the first part of the Revised Statutes, for which purpose the
said commissioners of emigration shall forthwith be creditors of
such ship or vessel, and have a direct lien on such ship or vessel, for said penalty; the said penalty, when recovered, to be
applied and used by the said commissioners for the purposes for
which said commissioners are constituted. [1855, ch. 474, ~ 8,
as amended 1857, ch. 579, ~ 6.]
*SEC. 87., All acts or parts of acts, inconsistent with the provisions of this act, are hereby repealed. [Same ch., ~ 9.]
Licenses.    *SEC. 88. The commissioners of emigration are hereby authorized and required to grant and issue licenses, and the same
from time to time, in their discretion, to suspend, revoke, or
annul, to the owner or captain of any steamboat, steamtug,
propeller, or barge, used or engaged, or to be used or engaged,




PUBLIC HEALTH AND EMIGRATION.                       1103
for the purpose, in whole or in part, of the removing, taking
off, or conveying, or transporting to any dock or pier in the
city of New York, emigrant passengers, or their baggage, arriving at and being in any part of the port of New York, within this
state, from the ship or vessel in which such emigrant passengers
or their luggage shall have arrived at such part of said port, provided always that such licenses shall not be suspended, revoked,
or annulled, except for cause, after opportunity for the party
complained of to be heard. [1857, ch. 579, ~ 1.]
*SEc. 89. It shall not be lawful for any steamboat, steamtug, Removing of
passengers,
propeller, barge, or other boat or vessel, or the owner or cap- etc.
tain, or person having charge of the same, to go or be taken
alongside  of any ship or vessel having such passengers on
board, being within this state, with the intent, or for the purpose of removing, taking off, conveying or transporting, or to
remove, take off, convey or transport any of such passengers,
or the baggage of any such passengers, from such ship or vessel, being in this state, to any dock in the city of New York or
Brooklyn, unless the license mentioned in the first section of
this act shall have been granted, and issued to the then owner
or then captain of such steamboat, steamtug, propeller, barge,
or other boat or vessel, and be then existing and not suspended,
revoked, or annulled.  [Same ch., ~ 2.]
*SEC. 90. The owner and owners, jointly and severally, and Penalties for
the captain or person having charge of any steamboat, steam- proviions of
tug, propeller, barge, or other boat or vessel, violating the pro- tLisct
visions of the second section of this act, or any of them, shall
be liable to a penalty of five hundred dollars, for each and
every violation thereof'; and in case any of such passengers, or
the baggage of any of them, shall be taken off or removed
from such ship or vessel, so being within this state, in or by
any steamboat, steamtug, propeller, barge, boat, or other vessel,
without the license aforesaid, with the intent or for the purpose
mentioned in said second section of this act, or in violation of
any of its provisions, except in case of shipwreck or imminent
danger thereof, the owner or owners, jointly and severally, and
the captain or person having charge thereof, shall, in addition
to the above penalty, be also liable to a further penalty of fifty
dollars for each and every passenger, and for the baggage of
each and every passenger so taken off or conveyed from  such
ship or vessel; which penalties shall be deemed and be forth- deemed 
with a lien on such steamboat, steamtug, propeller, barge, boat, lie.
or other vessel, and may be, immediately upon such violation,
sued for, enforced, and recovered by and in the name of the
commissioners of emigration, either by an action in any court Prooeehdgs
having jurisdiction thereof, or by an attachment under and pursuant to article first of title eighth, of chapter eight, of first
part of the Revised Statutes, for which purpose the said com



1104:              ACTS RELATING TO THE CITY OF NEW YORK.
missioners shall forthwith be deemed to be, and be, creditors of
such steamboat, steamtug, propeller, barge, boat, or vessel, and
have a direct lien thereon. [1857, ch. 579, ~ 3.]
Personal   *SEC. 91. All personal baggage of emigrant passengers, arrivwereto b ing at the port of and destined for the city of New York, shall
be landed at the place or pier designated as the landing place
in said city for emigrant passengers; and the captain, owner,
and consignees of every ship or vessel arriving at said port,
with emigrant passengers destined for said city, shall be jointly
Penalty for and severally subject and liable to a penalty of fifty dollars for
violating
provisions of each and every emigrant passenger, or his personal baggage,
o  landed at any place or pier other than the place or pier aforePenalty a  said; which penalty shall be a lien upon such ship or vessel,
ienorch.   and may be enforced and recovered by and in the name of the
commissioners of emigration, either by an action or by and in
the name of the commissioners of emigration, either by an
action or by warrant of attachment, under and pursuant to
article first of title eighth, of chapter eight, of. the first part of
the Revised Statutes.  [Same ch., ~ 5.]
Existing   *SEC. 92. Nothing in this act contained  shall be so conlaws concerning   strued as to alter, impair, or modify the existing laws and regudrpnt  lations regarding quarantine, or concerning the powers given to
and                       qutnintoew                            ien
f hedalthf and duties imposed upon the health officer of the port of New
oerof New  York, for the protection of the public health.  [Same ch.,
York not to                                                  L
bomodified. ~ 7.]
REVISED STATUTES, FIFTH EDITION, PART I, CHAPTER V, TITLE V.
SEC. 22. [SEC. 18.] The board of health may supply any
vacancy that may occur in the office of either of the commissioners of health of the city of New York, whether arising from
the temporary inability of the officer to discharge his duties, or
otherwise; but the person so appointed shall hold his office only
until such inability be removed, or the sense of the governor, or
of the governor and senate, be declared.
1849.-CHAPTER XXXVII.
AN ACT to provide for the Support of the Marine Hospital, by
transferring a portion of the Commutation Fund to that object.Passed February 10, 1849.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The commissioners of emigration are hereby authorized to transfer such portion of the commutation money, collected




PUBLIC HEALTH AND EMIGRATION.                      1105
pursuant to chapter one hundred and ninety-five of the laws ofTransfer of
1847, as may be necessary to supply any deficiency already ex- mutation
isting in the fund appropriated to the support of the Mlarine hos- beo mdaY
pital, or as may hereafter be necessary to the support of said
hospital, which moneys so transferred shall be repaid to said
commutation fund from. the funds belonging to said hospital, as
soon as its means will permit; but nothing herein contained
shall authorize the transfer of any moneys paid under protest,
nor to an amount exceeding twenty thousand dollars, unless the
governor, attorney-general, and comptroller shall certify that, in
their opinion, more is necessary for the object aforesaid, and in
such certificate certify the amount; nor shall the whole amount
so to be transferred, with or without such certificate, exceed
thirty thousand dollars.
SEc. 2. This act shall take effect immediately.
1852.-CHAPTER LXXVIII.
AN ACT exempting Vessels and Persons, engaged in the Coasting
Trade between the Port of New York and the Capes of Virginia,
from Quarantine.-Passed March 20, 1852.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. Article first, title second, chapter fourteen, of the first Yess s and
part of the Revised Statutes, entitled " Of the Place of Quaran- exempt from
tine, and the Vessels and Persons subject thereto," shall not apply quarantine.
to vessels and persons engaged in the coasting trade between the
port of New  York and any of the capes of Virginia; and all
such vessels and persons may, at all times, enter the port of
New York, without being subject to quarantine, the same as if
they did not pass to the south of Cape Henlopen, except in case
there may be sickness on board, when they shall be subject to
the existing provisions of law.
1803.-CHAPTER  CCXXIV.
AN ACT to amend the several Acts relating to the Powers and
Duties of the Commissioners of Emigration, and for the Regulation
of the Marine Hospital.-Passed April 13, 1853, " three-fifths
being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEcs. 1, 2, 3, 7, 9, 11, 12, 13, and 14 are incorporated in the
Revised Statutes, 5th edition (ante).
70




1106             ACTS RELATING TO THE CITY OF NEW YORK.
SECS. 5, 6, and 8 relate to the duties of the physician of the
Marine hospital, which are provided for by ~35, ch. 147, Laws of
1856, which is incorporated as above.
SECS. 4, 10, and 15 are as follows:
Physician.    SEC. 4. The office of physician of Marine hospital, as constituted by section seventeen of chapter three hundred and
fifty of the Laws of eighteen hundred and forty-nine, is hereby
restored, together with the duties and compensation of the same,
as specified in sections eighteen and twenty of said chapter
three hundred and fifty of the Laws of eighteen hundred and
forty-nine.
Health    SEC. 10. The health officer shall have no authority or control
over the Mlarine hospital, nor any charge or care of the sick inmates or employees of the institutions; he shall at all times,
however, have free access to the several wards, with the privilege of examining the condition of the sick inmates or employees of the institution; he shall at all times, however, have
free access to the several wards, with the privilege of examining
the condition of the sick sent to the hospital under his authority,
for the purpose of enabling him to judge as to the necessity for
detaining the vessels from which said sick may have been landed; but nothing in this act shall be construed so as to interfere
with the rights, duties, and powers of the health officer in regard
to existing provisions of law, in so far as his control and authority over vessels and quarantine regulations upon the water may
be concerned.
SEC. 15. This act shall take effect immediately.
1857.-CHAPTER LXVIII.
AN  ACT for the Removal of the Quarantine Station.-Passed
March 6, 1857, " three-fifths being present."
The People of the State of New  York, /represented in Senate and
Assembly, do enact as follows:
Governor    SEC. 1. The governor of the state shall nominate, and with the
shall appoint advice and consent of the senate shall appoint, three citizens of
siomrs-  the state, who shall form a board of commissioners, to perform the
duties imposed by this act, and, in case of removal, death, or resignation of one or more of them, the governor shall fill the
vacancy.
Duty ofcom-  SEC. 2. Said commissioners shall procure, by purchase or othmissioners. erwise, a suitable site for a new quarantine station, and shall
there, without unnecessary delay, erect the wharves, buildings,




PUBLIC HEALTH AND EMIGRATION.                      1107
offices, hospitals, and warehouses, for infectious cargoes, and
shall procure and construct the fixtures, furniture, and other facilities necessary for the prompt and efficient discharge of the
duties of health officer of the port of New York, and the enforcement of the laws respecting quarantine, all which, when completed and furnished, and that fact certified by the said board of
commissioners, and approved by the governor, lieutenant-governor, and comptroller, or a majority of them, and the certificate
filed in the office of the secretary of state, shall be occupied, used,
and maintained in the same manner as the property on Staten
Island, now constituting the quarantine establishment, and in
the place thereof.
SEC. 3. Such purchase shall not be made nor site be obtained urchase to
be examined
until the same shall first be personally examined by the govern- byGovernor,
or, lieutenant-governor, and comptroller, and approved by them, approed.
or a majority of them, as to the suitableness of its location, the
quantity of land proposed to be obtained, and the price to be
paid, and the terms of payment; also, as to the safety of the
waters adjoining thereto, as anchorage ground for vessels for the
legitimate purposes of the quarantine, such approval to be in
writing, and filed in the office of the secretary of state;nor until
the attorney-general shall have examined and approved of the
title to the premises proposed to be obtained, and shall have
filed the search and deduction of title in the office of the secretary of state, with his approval indorsed thereon.  The title to Title to be
vested in
said premises, when conveyed, shall be vested in the people of state.
the state of New York, and the governor, lieutenant-governor,
comptroller, and attorney-general are hereby required to discharge the duties prescribed by this section, within a reasonable
time after being requested so to do by the commissioners appointed under and in pursuance of this act.
SEC. 4. Before proceeding to the erection of the wharves, Mf to be
buildings, offices, hospitals, and warehouses, contemplated in the
second section of this act, the said commissioners shall have
made a map of the land obtained for such site, upon which shall
be indicated the position of each and every erection proposed to
be made.  They shall. also procure to be made, careful drawings,
plans, and specifications, by competent architects, builders, or Drawings,
plans, and
other persons, together with accurate estimates of the expense specifcaof each and all of the said erections, with their various fixtures, tions.
furniture, and facilities, in minute detail, and the said map, drawings, plans, specifications, and estimates shall be submitted to
the governor, lieutenant-governor, and comptroller, for their
examination, and before any contract shall be made for any of
said erections, or money expended in and upon them, they shall
be in all things approved by the said governor, lieutelant-gov- Approval by
ernor, and comptroller, or a majority of them, and such ap- g~ohrs.
proval shall be filed by them, in the office of the secretary of
state.




1108              ACTS RELATING TO THE CITY OF NEW  YORK.
Apmount ap    SEC. 5. The sum of one hundred and fifty thousand dollars is
andlimited. hereby fixed and limited as the amount which shall not be exceeded by the expenditures under this act; and the said board
and the governor, lieutenant-governor, and comptroller are hereby directed and required to keep that amount distinctly in view
in making and in approving of any purchase, and in entering
upon and approving of the erection of all buildings and other
improvements on said land, under this act.
Contracts to SEC. 6. The contracts for the erection of each and all the
be let    wharves, buildings, offices, hospitals, and warehouses, and the
furnishing of the materials for the same, contemplated by this
act, and also of the fixtures to the same, so far as it can safely
and properly be done, shall be let at public auction to the
lowest bidder, after having been duly advertised for one month
in three daily papers in the city of New  York, in one daily
paper in the county of Kings, and one weekly paper in the
county of Richmond.
Contractors. SEC. 7. The contractors shall each give good, satisfactory
security for the performance of his contract.   The said commissioners shall retain in their hands, till the contracts are
completed, not less than ten, nor more than fifteen, per cent. of
the monthly or other estimates, as additional security.
Further duty  SEC. 8. If the commissioners appointed by this act shall deem
of commissioCners   it expedient to establish the quarantine station at a place within the territorial limits of the state of New Jersey, they are
hereby authorized to make application to the legislature of that
state for the passage of such an act as shall confer the necessary
jurisdiction, and to negotiate with the authorities of that state
for the same.
Expenses,    SEC. 9. The sum of one hundred and fifty thousand dollars is
tpaid.    hereby appropriated to pay the expenses incurred under the
provisions of this act, to be paid out of any moneys in the
treasury not otherwise appropriated, which sum shall be repaid
from the proceeds of the sale of the lands in the town of Castleton, Staten Island, as hereinafter directed to be made.
Dutyof com-  SEC. 10. As soon as the said quarantine establishment shall
emgration. be removed from  its present location to that to be selected
under this act, the commissioners of emigration shall execute
Conveyance and acknowledge a suitable and proper conveyance, to be approved by  proved by the attorney-general, of all the right, title, and interest
general   which they have or may then have in the said real estate, now
occupied in whole or in part by the said quarantine establishment in the said town of Castleton, and shall cause the same to
be first recorded in the clerk's office of the county of Richmond,
and then to be filed in the office of the secretary of state.




PUBLIC HEALTH AND EMIGRATION.                          1109
SEC. 11. As soon as the removal of the present quarantine Diuty of comestablishment on Staten Island is effected, the commissioners landofflce.
of the land office shall cause the real estate in the town of
Castleton, now  owned by the state, or held in trust for the
state, and on which the quarantine buildings are now located,
to be surveyed out into lots and blocks, and four accurate maps Iaps.
made of the same; one of which maps sh all be filed by them in
the clerk's office of the county of Richmond, one in the clerk's
office of the city and county of New York, and one in the office
of the state engineer and surveyor, and one in the office of the
secretary of state.
SEC. 12. In making the sub-divisions of said real estate into Lots.
lots, the said commissioners shall, as far as may be, cause the
same to be sub-divided into lots of suitable size for single stores
or dwellings, and shall have reference therein to the convenience
of the actual occupant, and the pecuniary interest of the state.
SEC. 13. As soon as such surveys and maps are completed, Lotstobe
the said commissioners shall cause each of the lots on said tract appraisd.
to be appraised by three competent and sworn appraisers, whose
appraisal, duly verified by affidavit, shall be filed in the office of
the secretary of state.  And any building or other improvement
on any lot, shall be separately appraised and filed, as aforesaid.
SEC. 14. The said commissioners shall thereupon cause the Saleto be
sale of said real estate to be advertised for one month, in three
daily newspapers published in the city of New York, in one daily
newspaper published in the city of Brooklyn, and in at least one
weekly paper published in the county of Richmond. Such sale Public
shall be at public auction, at the Merchants' Exchange, in the auction.
city of New York; and no lot shall be sold for less than the
appraised value of the lot and of any building or other improvement, if any, thereon..
SEC. 15. On such sale, the payment of one-fourth part of the Payments.
purchase money shall be required, on the delivery of the state
engineer's certificate; and the remaining three-fourths shall be
payable in three equal annual payments, with annual interest at
six per cent.
SEC. 16. The provisions of the third article of the fifth title Provisions
of the ninth chapter of the first part of the Revised Statutes, so Statutes.
far as they may properly be applied, are hereby made applicable
to the said lands on Staten Island, to the sale of the same, and
all subsequent proceedings in relation thereto, except as otherwise provided herein.
SEC. 17. The proceeds of such sale shall be applied as fol- Proceeds,
how to be
lows:                                                             applied.
1. To the payment of such sum as shall be necessary to




1110              ACTS RELATING TO THE CITY OF NEW  YORK.
release the quarantine property from the mortgages existing
thereon.
2. To reimburse to the treasury such sum  as shall be advanced therefrom, in pursuance of the provisions of this act.
3. To pay to the several counties of this state such sums as
shall have been advanced by them on account of the support of
emigrant paupers.
4. The balance, if any, arising from such sale, shall be paid
into the treasury.
Commission-  SEC. 18. The said commissioners shall, within thirty days
ers to giver           o
bonds.   after their appointment, give bonds, each in the sum  of thirty
thousand dollars, to the people of the state of New York, with
sureties, to be approved by the comptroller, conditioned for the
faithful discharge of their duties and the satisfactory accounting
for of all moneys received by them as such commissioners, and
they shall be paid five dollars for each day's actual service, and
their necessary official expenses, to be paid out of the moneys
hereby appropriated; and, within three months after the erections contemplated by this act shall be completed, they shall
render the comptroller a full and final account of the disbursement of all moneys received by them under this act.
Shall not  SEC. 19. Nothing in this act contained shall be construed as
affect powers   ngl
and duttis o affecting the powers or duties of the health officer of the port
healt offmis. of New York, or of the commissioners of emigration, or of the
ioners of  officers connected with either of them, except only that such
emigration,
etc.    powers and duties are to be exercised and performed at the new
quarantine station, so far as they relate to the same; and all
laws and regulations relating to the subject of quarantine at the
present establishment are hereby declared applicable to the new
establishment, when removed from  the present to the future
location to be selected under this act.
comptroller   SEC. 20. The comptroller is hereby directed to draw his warto raw.  rant on the treasurer, in favor of the commissioners hereby
provided to be appointed, for the money hereby appropriated,
in such sums and at such times as the same may be required by
Commission- the said commissioners for the purposes of this act.  But no
ers to preenst a rit. money shall at any time be drawn from the treasury under this
ntentat   act, until the said commissioners shall have presented to the
comptroller a written statement signed by them, setting forth
in detail the various purposes to which such money is to be
applied, nor until the comptroller shall be satisfied that the said
statement is correct; nor shall any money be drawn from the
treasury under this act, after the first draft made by the said
commissioners, until they shall have fully accounted to the
satisfaction of the comptroller, and shall have produced satisfacVouchers. tory vouchers for the amount last previously drawn.




PUBLIC HEALTH AND EMIGRATION.                       1111
SEc. 21. The board of commissioners named in the first sec- Commissioners to protion of this act, if in their judgment the public health shall videtemrequire it, shall provide temporary accommodations upon or commod
near Sandy Hook, on land or water, for persons arriving in the tio'n
port of New York, sick with the yellow fever or other pestilential
disease, until the present quarantine shall be removed, under
this act, to some other place, and may designate a suitable Maydesigplace in Sandy Hook Bay for the detention of vessels having fo detentio
on board any person or persons sick with yellow fever or other ofvess.
pestilential disease, or coming from ports or places where the
yellow fever or other pestilential disease prevails, until the
present quarantine shall be removed under this act; provided, xpense of
temporary
however, that the expense of such temporary accommodations accommodashall not exceed the sum of fifty thousand dollars, and shall be tiv
approved by the governor, lieutenant-governor, and comptroller,
or a majority of them, and provided further, that said temporay
accommodations and place for the detention of vessels shall be
subject to the present laws and regulations of the quarantine
station in the port of New York.
SEC. 22. All existing laws, inconsistent with the provisions
of this act, are hereby repealed.
SEC. 23. This act shall take effect immediately.




PUBLIC OFFICERS.
1813.-CHAPTER LXXXVI.
AN ACT to Reduce several Laws relating particularly to the City
of New York into one Act.-Passed April 9, 1813.
REGISTER IN AND FOR THE CITY OF NEW YORK.
Register's    CLIX. And be it further enacted, That all that part of the
lish ed    former duty of the clerk of the city and county of New York
which appertains and relates to the registering of mortgages,
and to the recording of deeds, conveyances, and other writings,
which by law are directed, or hereafter may be directed, to be
registered or recorded, shall continue to be held, exercised, and
enjoyed by a person to be appointed as is hereinafter mentioned,
and be called the register in and for the city and county of New
York, and shall have and enjoy all the rights and powers, and
perform  all the duties, which were formerly performed by the
clerk of the city and county of New York, in relation to the
recording and registering of deeds, conveyances, mortgages, and
other writings. [As modified by subsequent acts.]
Clerk of New
Yted from  CLX. And be itfurther enacted, That the clerk of the city
erforning and county of New York shall forever hereafter be relieved,
restrained, and precluded from doing and performing any duties
or services, or any act, matter, or thing whatsoever, as clerk of
the city and county, so far as the same relates to the registering
of mortgages, and recording of deeds, conveyances, and other
writings, which by law are, or hereafter may be, directed and
required to be recorded or registered.
egisters    CLXI. And be it further enacted, That the said register may
demand and receive, for his emoluments, the like fees and compensation as are now allowed by law, in similar cases, to clerks
Transcripts of counties; and the transcript of all records certified by the
of records,
certified by said register may be read in evidence in any court of this state,
dclred ga without further proof of such deed, conveyance, or other writvidence. ing, so recorded in the said office.
[Sections 162 and 163 repealed by ~ 1, chap. 149, Laws of
1815.]




PUBLIC OFFICERS.                           111
CLXIV. And be it further enacted, That the said reir   l Register shall    to
1 cVyryhllUI~LcVL Jl~Imake index
make an index to each book of registry of mortgages and in- to each book
cumbrances, and also a general index to all the said books ofandaggeeral
registry of mortgages and incumbrances, and shall, from  day inde toall
ni'-j  y of them.
to day, and time to time, as the said mortgages and incumbrances shall be registered or entered, as aforesaid, make an
entry, in the index of the books wherein the same shall be
registered or entered, and also in the said general index, of the
name and names of each and every mortgagor, debtor, and
owner or proprietor of land, mortgagee, incumbrancer, and
party named in such mortgage, or in such note or memorandum of assessment, rate, tax, charge, debt, duty, or demand, so
to be registered or entered, as aforesaid, arranged alphabetically
under the initial letters of the name of each and every mortgagor,
debtor, owner, or proprietor of land, mortgagee, incumbrancer,
and party named therein, with proper references in the said general index to the book of registry wherein the said mortgages and
incumbrances shall be entered or registered, to which books of
registry and indexes all persons shall have free access for search
at all reasonable times during the daytime, and which the said
register shall be bound to exhibit to those who wish to search.
CLXV. And be it further enacted, That the fees of the said PRegistel's
register, for searches for deeds and conveyances, or for mort- searches.
gages and incumbrances, shall be the same as are now, or as
may hereafter be, allowed and provided for by law for the
like services, but that no additional charge shall be made for
such indexes as are herein directed to be made by the said
register.
RECORDING OF DEEDS.
CLXX. And be it further enacted, That no deed or convey-Certain
deeds to be
ance in fee simple absolute of any lands, tenements, heredita- recorded.
ments, or real estate, within the city and county of New York,
which hath been made and executed since the first day of April,
in the year of our Lord one thousand eight hundred and eleven,
shall be deemed or taken to be good and effectual in the law,
as against any subsequent purchaser or mortgagee bonafide, and
for valuable consideration, and without notice of such prior
deed or conveyance, unless such deed or conveyance was recorded at length in the office of the clerk of the said city and
county, on or before the first day of May, in the year of our
Lord one thousand eight hundred and twelve, or hath been or
shall be so recorded in the office of the register in and for the
said city and county, previous to a subsequent purchase or
mortgage as aforesaid.
CLXXI. And be it further enacted, That every such deed o Certa"in
conveyance which shall hereafter be made and executed, in or-.after made,
also to be
recorded.




1114             ACTS RELATING TO THE CITY OF NEW YORK.
der to be good and effectual in the law, as against any subsequent purchaser or mortgagee bona fide, and for valuable consideration, and without notice of such prior deed or conveyance,
shall be recorded at length in the office of the said register, in
the books now used, or hereafter to be provided by him, for
that purpose.
Register to       I  A    e
noteon deed  CLXXII. And be it further enacted, That the said register
the tme   shall make a note or memorandum  on any deed or conveyance
when left
with him  hereby directed to be iecorded, and which shall be left with him,
or in the said office, to be recorded, of the day, month, and year,
and the hour of the day, when the same shall so be left with him,
Rbeord to  or in his office, to be recorded as aforesaid; and that the record
bear correspondig  thereof shall bear date corresponding with the time mentioned
date.
in such note or memorandum.
And to the end that accurate information may be obtained
by all persons respecting the deeds or conveyances so to be recorded:
Registr to    CLXXIII. Be it further enacted, That the said register shall
make an index to each make an index to each book of such records, and from day to
cord.    day, and time to time, as the same deeds or conveyances shall
be recorded, make an entry therein of the name and names of
each and every grantor and grantors, and grantee and grantees,
and parties named in such deed or deeds, or conveyances, respectively, arranged alphabetically, under the initial letters of
the name of each and every grantor and grantors, grantee and
grantees, or party or parties named therein, either as conveying
or receiving title thereby, to which records and indexes all persons shall have free access for search, at all reasonable times
during the daytime, and which the said register shall be bound
to exhibit to those who wish to search.
Register's    CLXXIV. And be it further enacted, That the fees for recordfees for
recording. ing such deeds and conveyances, and making searches therefor,
shall be the same as is now, or as may hereafter be, provided for
by law for the like services, but that no additional charge shall
be made for such index as is before directed to be made.
1833.- CHAPTER CCLXXIX.
AN ACT requiring Mortgages of Personal Property to befiled in
the Town Clerk's and other Offces.-Passed April 29, 1833.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Mortgage   SEC. 1. Every mortgage, or conveyance intended to operate as
void, unlessof goods and chattels, hereafter, which shall
iea.d   a mortgage, of goods and chattels, hereafter made, which shall




PUBLIC OFFICERS.                             1115
not be accompanied by an immediate delivery, and be followed
by an actual and continued change of possession of the things
mortgaged, shall be absolutely void as against the creditors of
the mortgagor, and as against subsequent purchasers and mortgagees in good faith, unless the mortgage, or a true copy thereof,
shall be filed as directed in the succeeding section of this act.
SEC. 2. The instruments mentioned in the preceding section Hwnd be
shall be filed in the several towns and cities of this state where iled.
the mortgagor therein, if a resident of this state, shall reside at
the time of the execution thereof; and if not a resident, then in
the city or town where the property so mortgaged shall be at
the time of the execution of such instrument.  In the city of
New York, such instrument shall be filed in the office of the
register of said city.  In the several cities of this state, other
than the city of New York, and in the several towns in this
state, in which a county clerk's office is kept, in such office; and
in each of the other towns in this state, in the office of the town
clerk thereof; and such register and clerks are hereby required
to file all such instruments aforesaid presented to them respectively for that purpose, and to indorse thereon the time of
receiving the salme, and shall deposit the same in their respective offices, to be kept there for the inspection of all persons
interested.
SEC. 3. Every mortgage filed in pursuance of this act shall VBy y'
cease to be valid as against the creditors of the person making
the same, or against subsequent purchasers or mortgagees in
good faith, after the expiration of one year from the filing
thereof; unless, within thirty days next preceding the expiration of the said term of one year, a true copy of such mortgage,
together with a statement exhibiting the interest of the mortgagee in the property thereby claimed by him by virtue thereof,
shall be again filed in the office of the clerk or register aforesaid, of the town or city where the mortgagor shall then reside.
SEC. 4. A  copy of any such original instrument, or of any A copye tob
copy thereof, so filed as aforesaid, including any statement made evidence.
in pursuance of this act, certified by the clerk or register in
whose office the same shall be filed, shall be received in evidence, but only of the fact that such instrument, or copy, and
statement was received and filed according to the indorsement
of the clerk or register thereon, and of no other fact; and in all
cases the original indorsement by the clerk or register, made in
pursuance of this act, upon such instrument or copy, shall be
received in evidence only of the facts stated in such indorsemeant.
SEC. 5. The register of the city and county of New York, and Mortgages to
the clerk of the city and county of Albany, shall respectively bnumbered




1116             ACTS RELATING TO THE CITY OF NEW YORK.
number every such instrument or copy which shall be filed in
their offices, and shall enter, in books to be provided by them,
alphabetically, the names of all the parties to such instrument,
with the number indorsed thereon opposite to each name;
which entry shall be repeated alphabetically under the name of
every party thereto.
Fees,     SEC. 6. For services under this act, the clerks and registers
shall be entitled to receive the following fees: For filing each
instrument or copy, six cents; for entering the same in a book,
as aforesaid, in the said cities of Albany and New York, six cents
for every party to such instrument; for searching for each
paper, six cents; and the like fees, for certified copies of such
instruments or copies, as are allowed by law to clerks of counties for copies and certificates of records kept by them.
1843.-CHAPTER  CXCIX.
AN ACT requiring County Clerks to make and keep Books of General Indices.-Passed April 18, 1843.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
dices to be  SEC. 1. The clerks of the several counties in this state, and
made  to
deeds and the register of the city and county of New York, in those counties
mortgages. in which general indices of deeds and mortgages have not been
made and preserved, according to the act passed April 18, 1826,
shall provide proper books for making such general indices, and
shall form  indices therein in such manner as to afford correct
and easy reference to the several books of record in their offices
respectively.  There shall be one book for deeds and another
for mortgages. In each book there shall be made double entries, or two lists of names, in alphabetical order. In one shall
be set the names of the grantors or mortgagors, followed by the
names of their grantees or mortgagees; and, in the other, the
names of the grantees or mortgagees, followed by the names of
the grantors or mortgagors, leaving proper blanks between each
class of names for subsequent entries; and in those counties in
which indices were made, under the said act of April 18, 1826,
and have been preserved, the several clerks shall complete the
same by bringing them down to the present time, and in either
case, the said clerks shall keep the said indices complete by adding to the lists, as deeds and mortgages shall be sent in to be
recorded.
Expenses to  SEC. 2. Each county clerk is hereby authorized to charge in
his account against his county all necessary expenses which 
his account against his county all necessary expenses which he




PUBLIC OFFICERS.                           1117
may incur in the purchase of books for such indices, and at and
after the rate of fifty cents for every hundred names which he
may enter in such book.
SEC. 3. The provisions of this act shall not apply to such Exception.
counties in this state as now have a general numerical index of
deeds and mortgages in the office of the clerk of said counties.
1844.-CHAPTER  CXXV.
AN ACT requiring the Register of the City and County of New
York and County Clerks to keep and return Accounts of their Fees,
and for other purposes.-Passed April 6, 1844.
The People of the State of New York, represented in Senate and
Assembly, do enact asfollows:
SEC. 1. The register of the city and county of New York, Accounts of
9fees  to   be
and every county clerk, shall keep in his office a book, in which kept in a
shall be entered all fees charged or received by him  for official
services, the time of rendering the same, the persons, if known
to him, for whom the same were rendered, and a brief statement
of the nature of the service for which any fee is charged or
received.
SEC. 2. Such books shall be open for inspection without fee o bei ope
for inspec.
or reward, at all times when the office in which they are kept tion.
shall be open for the transaction of business.
SEC. 3. The said register and every county clerk shall, be- egister of
New York
tween the first and tenth day of January in every year hereafter, and county
make and transmit, free of expense, to the secretary of state, send stateastatement which shall exhibit *ment to se
state.
1. The amount of all fees charged or received by the person
making the same, for recording deeds, mortgages, and other
papers, and for certificates of such recording;
2. The amount of all fees charged or received by him for
searching the files and records of his office, and for certificates
of such searches;
3. The amount of all sums charged or received by him  for
services rendered for the county;
4. The amount of all sums charged or received by him for
all other official services;
5. The sums paid by him for assistance in the performance of
his official duties, and the names of the persons to whom the




1118             ACTS RELATING TO THE CITY OF NEW YORK.
same were paid, and also the sums paid for fuel, lights, and stationery, and other expenses incident to his office, with the particular items thereof.
Statements   SEC. 4. To every such statement the affidavit of the person
to be sworn
to.     making the same, that the facts therein set forth are true, shall
be annexed or subjoined; which affidavit shall be sworn to
before some officer authorized to take affidavits to be read in the
supreme court.
Sttements,  SEC. 5. The statements made in January next, in pursuance
commence, of this act, shall be the period commencing on the day on which
this act shall take effect as a law, and ending on the thirty-first
day of December next; and such statements made after January
next shall be for the year ending on the thirty-first day of December next preceding the time of making the same.
Clerks not to  SEC. 6. No county clerk,shall make any charge against the
charge county fo fuel, county for fuel or lights for his office, or for stationery, except
etc.    record books and stationery furnished by him for courts held in
the county.  [As modified by the Code.]
1846.-CHAPTER CXXII.
AN ACT relating to the Dockets of Judgments in the Office of the
Clerk of the City and County of New York.-Passed April 30,
1846.
The People of the State of New York, represented in Senate and
Assembly, do enact asfollows:
Dockets,    SEC. 1. Whenever any of the dockets of judgments or trancopied.   scripts of the judgments, or any other books of record in the
office of the clerk of the city and county of New York, become
mutilated or injured by use, so that they cannot be conveniently
examined, and the supervisors of the said city and county shall
have authorized them to be copied, the said copies, when certified by the said clerk to be correct copies of the originals, shall
have the validity of the said originals.
SEC. 2. This act shall take effect immediately.




PUBLIC OFFICERS.                              1119
1847.-CHAPTER  CCCCXXXII.
AN  ACT  in relation to the Fees and Compensation of certain
Officers in the City and County of New York.-Passed December 10, 1847, " three-fifths being present."(l)
The People of the State of New York, represented in Senate and
Assembly, do enact asfollows:
SEC. 1. All the fees, perquisites, and emoluments of the surro- Femes entd
gate of the city and county of New York, of the clerk(2) of the hall belong
to the city of
city and county of New York, and of the clerk of the superior NewYork.
court of the city of New York, or which such surrogate and clerks
may now or hereafter by law be permitted or entitled to take
by virtue of their said offices, for all official services whatsoever
rendered by them respectively, shall belong to and be for the
benefit of the city and county of New York, and shall be collected by them respectively, and accounted for and paid over
into the treasury of said city and county, as hereinafter provided;
and in lieu of such fees, perquisites, and emoluments, there shall
be paid to the said surrogate and clerks respectively the salaries or compensations allowed by this act, and no other salaries
or compensations whatever.
SEC. 2. There shall be allowed to the surrogate of the city Salary of
and county of New York a salary at and after the rate of three [Note, see
thousand dollars a year, as his compensation for all services of 8576^w
whatever which he may perform as such surrogate or by virtue
of his office.
SEC. 3. There shall be allowed to the clerk of the city and salaryof the
county of New York a salary at and after the rate of two thou- countyclerk.
[Note,   see
sand and five hundred dollars a year, as his compensation, whicch. 142 Laws
shall be in lieu of all fees, perquisites, and emoluments, to which 1853.]
he is now by law entitled, for discharging the duties of county
clerk, clerk of the court of common pleas, clerk of the county
court, clerk of the supreme court in law and equity, and for the
performance of any other duty prescribed, or to be prescribed,
by law, directly or indirectly, to the said clerk of the city and
county of New  York, or which he may perform  by virtue of
that office.
SEC. 4. There shall be allowed to the clerk of the superior Salry  ocourt of the city and county of New York a salary at and after perior court
the rate of two thousand and five hundred dollars a year, for his
compensation for all services whatsoever which he may perform
as such clerk, or by virtue of his office.
SEC. 5. [Abrogated by Laws of 1853, ch. 610.]
(1) So much of this act as relates to the register was repealed by ~ 4, chap. 610,
Laws of 1853.
(2) So much of this act as relates to the county clerk was modified by chap. 142,
Laws of 1853.




1120             ACTS RELATING TO THE CITY OF NEW YORK.
sors may in-  SEC. 6. The supervisors of the said city and county of New
crease or di-York may at any time in the year one thousand eight hundred
ries.    and forty-seven, and in every second year after the year one
thousand eight hundred and forty-seven, increase or diminish the
salaries of the said surrogate,(1) county clerk, and clerk of the
superior court, as fixed by this act, or of either of them; but no
such increase or diminution shall vary any of said salaries more
than five hundred dollars from the sums at which they are respectively fixed by this act, and any such increase or diminution
shall take effect on the first day of January next after the same
shall be so made by the said board.
Assistants
mray Tbe ap    SEC. 7. The said surrogate and clerks shall severally have the
pointed.   power to appoint so many assistants, to aid them in the performance of the duties of their respective offices, as they shall
deem necessary for that purpose, not exceeding the number
which they shall, from time to time, be authorized to appoint by
the board of supervisors of the said city and county, whose duty
it shall be, from time to time, to prescribe the number of assistants that may be so appointed, which number may at any time
be increased or diminished by the said board; and the said
board shall also fix, and may from time to time change the salaries to be paid to the assistants so appointed, but no such salary
shall exceed the rate of twelve hundred dollars a year, except
for the assistant who shall be the deputy in the register's office,
and the assistant who shall be the deputy in the county clerk's
office, to which assistants, being such deputies, such board may
provide for paying a salary not exceeding the rate of fifteen
hundred dollars a year [as amended, Laws of 1860, ch. 406].
The salary of the chief clerk in the office of the surrogate of the
city and county of New York shall be twenty-five hundred dollars per year, to take effect on the first day of January, eighteen
chlaery      hundred and sixty.  The salary of the assistant, who shall be
in srro-e the deputy in the county clerk's office, as the deputy clerk of
the city and county of New York, shall be twenty-five hundred
dollars a year.  [As amended 1861, ch. 15.]
Aets to be  SEC. 8. The appointment of every assistant under and by
m de  in virtue of this act shall be made in writing and filed in the office
of the clerk of the city and county of New York, before such
assistant shall enter upon the discharge of his duties, and the
officer who shall appoint any such assistant shall be responsible
for the acts of such assistant.
xact afcfs  SEC. 9. It shall be the duty of said surrogate and clerks, reto be kept. spectively, to keep an exact account in a book, or books, to be
provided for that purpose, at the expense of the people of the
city of New  York, of all fees, perquisites, and emoluments
(1) So much of this section'as relates to surrogate was modified by Laws of 1855, ch.
575.




PUBLIC OFFICERS.                           1121
actually received by such officers, respectively, for any service
done by them or their assistants in his or their official capacity,
by virtue of any law of this state; and of all fees, perquisites,
and emoluments which such surrogate, clerk, and register shall
be entitled to demand and receive from  any person, for any
service rendered by them, or either of them, in their official
capacity, pursuant to law.  Such books shall show when and
for whom  every such service shall have been performed, its
nature, and the fees chargeable therefor; and shall, at all times
during office hours, be open to the inspection, without any fee
or charge therefor, of all persons desiring to examine the same;
and they shall be deemed a part of the records of the office in
which they shall be kept, and shall be preserved therein as other
books of records are.
SEC. 10. A transcript of such accounts, to be made in such Tfanscruts
form as shall be prescribed by the comptroller of the city and to be made
to city compcounty of New York, shall be transmitted by such officers fortroller
each calendar month, and within ten days from the expiration monthlY.
thereof, to the comptroller of said city and county, which shall
be verified by the oaths of such officers respectively, or by their
assistants respectively, which transcript shall contain a statement of all moneys received by such officers for fees, perquisites,
and emoluments, for services done by them, or their assistants,
respectively, in their official capacity, by virtue of any law of
this state, since making.the last preceding transcript and return,
specifying the total amount received from each person and the
name of each person; and also a statement of the fees, perquisites, and emoluments which such officers or their assistants shall
be entitled to demand from any person for services rendered in
his or their official capacity, by virtue of any law of this state
since making the last preceding return, which shall have been
made by such officers, specifying the amounts chargeable to
such person, the names of such persons, and the character of the
service rendered.  And the verification of every account so
transmitted to such comptroller shall be positive, and not upon
information or belief.
SEC. 11. No account for the compensation for services of any ompensa
assistant, to be appointed under and by virtue of this act, shall sistants,
be allowed until such assistant shall have certified, on oath or ed.
affirmation, that the services have been performed for which
such account may be rendered, and that he has not in any way,
directly or indirectly, paid or given, nor contracted to pay or
give, any reward or compensation for his office or employment,
or the emoluments thereof.
SEC. 12. Any officer referred to in this act, who shall receive renalty for
to his own use, or neglect to account for in such mode as the
board of supervisors of the city and county of New York may
71




1122              ACTS RELATING TO THE CITY OF NEW  YORK.
direct, any fees, perquisites, or emoluments by this act declared
to belong to and be for the benefit of the city and county of
New York, or shall neglect to render to the said comptroller an
account of the fees accruing at his office, or to pay over the
same, as herein required, shall be deemed guilty of a misdemeanor, and punishable with a fine of not less than five hundred
dollars, nor exceeding five thousand dollars, or imprisonment in
the penitentiary for a period not less than three months, nor
exceeding one year, or both, at the discretion of the court before
whom said officer may be convicted, and in addition shall forfeit
any sum that may be due to him  on account of his salary, and
shall be liable to the said city and county in a civil action, for
all moneys so received and not accounted for and paid over into
the treasury of said city and county, pursuant to the requirements
of this act.
Officers and
assistants to SEC. 13. The board of supervisors of said city and county are
give security hereby authorized and empowered to require from the surrogate
of the city and county of New York, the clerk of the city and
county of New York, and the clerk of the superior court of the
city of New York, and from any of their assistants, such security for the faithful performance of their duty as to the said
board of supervisors may seem  necessary and proper.
Salaries to    SEC. 14. The salaries of the several officers and their assistants
be paid out of
fees received hereinbefore provided for, and which may hereafter be provided
for by the board of supervisors of the said city and county, under
and by virtue of this act, shall be paid out of the fees, perquisites, and emoluments received from the said officers into the
treasury of said city and county, subject to the limitation hereinafter prescribed, upon the warrant of the comptroller of said
city and county, in quarter-yearly payments, unless a different
period for such payments, or some of them  shall be fixed by the
said board of supervisors.
Contingent   SEC. 15. Any contingent expenses necessarily incurred by the
expenses.  said officers respectively, and for which the common council of
the city of New York shall make appropriation, shall be paid
out of the fees, perquisites, and emoluments received from the
said officers into the treasury of the city and county of New
York, on the warrant of the comptroller of said city and county.
comptroller   SEC. 16. The comptroller of the said city and county shall
tteap outs keep a separate and distinct account of all fees, perquisites, and
of  fees  recivedfrom emoluments received from  each of the said officers, and of all
offcers    disbursements on account of each of the said officers, for the
salary of the principal officer and assistants therein, and for the
aforesaid contingent expenses thereof; and no greater sum shall
be paid in any one year for such disbursements, for any one of




PUBLIC OFFICERS.                            1123
the said offces, than shall be received into the treasury of the
said city apd county, on account of the fees, perquisites, and
emoluments accruing at such office during such year, which year
shall be taken to mean the period from the first day of January to the thirty-first day of December next following, both
inclusive.
SEC. 17. This act shall take effect on the first day of January Act, when to
next, except such parts thereof as authorize the fixing of the
number of assistants to be appointed for the said offices, the
salaries thereof, and the security which the said officers and
their assistants shall give, which parts shall take effect immediately.
1851.-CHAPTER  CCLXXXVI.
AN  ACT in relation to Mortgages on Premises in the City and
County of New York, taken by the Commissioners for Loaning
certain Moneys of the United States.-Passed June 25, 1851.
The People of the State of New York, represented in Senate and
Assembly, do enact asfollows:
SEC. 1. All mortgages heretofore executed on premises in the Mortgages
city and county of New York, to the commissioners for loaning poretdecertain moneys of the United States, pursuant to the provisions
of the act authorizing a loan of certain moneys belonging to the
United States, deposited with the people of the state of New
York for safe keeping, passed April fourth, one thousand eight
hundred and thirty-seven, together with the indexes relating
thereto, and all mortgages hereafter executed on premises in said
city and county, and shall be deposited in the office of the
register of the city and county of New York, and shall not, at
any time, be removed therefrom, unless the same shall have
been paid and fully satisfied.
SEC. 2. The office of the said commissioners, mentioned in the offceofecom
forty-first section of said act, shall, in the city and county of'issioer
New York, be kept at the office of the register of the city and
county of New York.
SEC. 3. So much of sections forty-one and fifty-five of said act,
as are inconsistent with this act, are hereby repealed.




1124              ACTS RELATING TO THE CITY OF NEW  YORK.
1853.-CHAPTER  CXLII.
AN ACT to regulate the Fees for Searches in the Ofice of the Clerk
of the City and County of New York.-Passed April 11, 1853.
The People of the State of New York, represented in Senate and
Assembly, do enact asfollows:
Culerk'zfee   SEC. 1. The clerk of the city and county of New York shall
be entitled to charge and receive for his services, in addition to
his salary, in making searches in his office, as follows:
For searching the dockets of judgments and decrees, and
transcripts ofjudgments and decrees, fifteen cents per year.
For searching all other matters of record he may be required
to search for, five cents per year, respectively.
For returning in his search any judgment or other matter of
lien, five cents each.
SEC. 2. It shall be lawful for the clerk of the city and county
of New  York to retain to his own use the fees specified in
this act.
Competent    SEC. 3. It shall be the duty of the clerk of the city and county
bo employed of New York: to provide a sufficient number of competent
searchers, for the prompt and correct dispatch of the business of
that department, at such compensation as he may consider their
services reasonably worth; and, from the time this act shall take
effect, the searchers in the office of the clerk of the city and
county of New York shall cease to draw their salaries from the
city treasury.
clerk toa  SEC. 4. It shall be the duty of said clerk, on the receipt of any
es withoutorder directing searches in his office, to cause the same to
be made without delay, and to certify the correctness of his
return within ten days from the receipt of the requisition therelrk liabl for, and he shall be held legally liable for all damages resulting
for damages              b   h           l e         l        e
for errors  from errors, inaccuracies, or mistakes, in his return, so certified
by him; and in case he shall not have completed and certified
such requisition for search at the expiration of the ten days
aforesaid, then he shall forthwith complete and certify such
return, with like liability, and forfeit all fees above allowed
therefor.
SEC. 5. This act shall take effect immediately.




PUBLIC OFFICERS.                            1125
1S53.- CHAPTER  DCX.
AN  ACT in relation to the Office of the Register of Deeds of the
City and County of New York.-Passed July 21, 1853.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The register of deeds of the city and county of New Deputy and
~V~LI-~VJ'4 ~-1V~~    assistant
York is hereby authorized to appoint a deputy register, and also register may
an assistant deputy register, each of whom  shall, within thebe nte
office of the said register, possess the same powers and be subject to the same duties and responsibilities as the deputy county
clerks in the various counties of this state are possessed of, and
subject to their respective offices.  The compensation of each
of said officers shall be fixed and paid by the said register.
SEC. 2. It shall be the duty of said register to cause any and Register'
every written order or written requisition for search to be made
without delay, and to be certified and ready for delivery within
twenty days from the receipt of such written order or requisition
by him, and he shall be liable for all damages and injury resulting from errors, inaccuracies, or mistakes in his return so certified by him, and from  delays in completing such orders or
requisitions; and, in case any such order or requisition shall not
be completed and certified within said twenty days, the said
register shall forthwith complete and certify the same, and shall
forfeit all fees therefor.
SEC. 3. The said register is hereby authorized and required to Searchers
appoint, forthwith, so many searchers as shall be necessary to poiyted.'
complete all the orders or requisitions for search now unfinished
in his said office; also., to appoint so many copyists as shall be Alsocopyists
necessary to complete the copying in the books of record of all
deeds, mortgages, and instruments of every kind for recoid now
in his office and not copied into said books; and shall cause the
said orders or requisitions to be completed, and the said deeds,
mortgages, and other instruments to be copied into said books
within one month from the passage of this act.  The compen- Their comsation to the searchers and copyists, mentioned in this section, pntn.
shall be the same as that now allowed to persons performing
like service in said office, and shall be paid out of the fees paid
into the city treasury of the city of New York, pursuant to said
chapter 432 of the Laws of 1847.
SEC. 4. So much of said chapter 432 of the Laws of 1847, as Repeal.
relates to the said register, is hereby repealed.
SEC. 5. This act shall take effect immediately.




1126             ACTS RELATING TO THE CITY OF NEW YORK.
1S55.-CHAPTER  CCCCVII.
AN  ACT for the Appointment of Commissioners of Records for
the City and County of New  York.-Passed April 13, 1855,
" three-fifths being present."
The People of the State of New  York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. William C. Wetmore, Jonathan Nathan, Richard Busteed, and George P. Nelson, are hereby appointed commissioners of records for the city and county of New York, with full
powers to examine into the condition of the records, documents,
maps, and indices in the offices of the clerk, register, and surrogate of said city and county, and to have the same copied and
printed in such form and to such an extent as they may deem
proper, and to do such further acts, for the preservation and
convenient examination of the same, as the public interest may
require.  Said clerk, register, and surrogate shall be ex-officio
commissioners in reference to their respective offices.
SEC. 2. The said commissioners shall receive no compensation
for their services.  The necessary expenses incurred by them
shall be paid by the county treasurer upon the certificate of said
commissioners, and the supervisors of said city and county are
hereby authorized to raise by tax the amount required to defray
the same.
SEC. 3. This act shall take effect immediately.
1860.-CHAPTER CCLXXVI.
AN  A CT to amend the Revised Statutes in respect to County Clerks
and Clerks of Courts of Record.-Passed April 11, 1860.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows;
SEC. 1. Section fifty-four, of title two, chapter three, of part
three, of the Revised Statutes, is hereby amended so as to read
as follows, viz.:
Certain offi.   SEC. 54. Clerks of counties and of courts of record in this
e to be state, and the register, of deeds in the city and county of New
daily, except York, shall respectively keep open their several offices, for the
Sundays and
holidays.  transaction of business, every day in the year, except Sundays
and such other days as are or shall be declared by law to be
holidays, in the county of New York, from  nine o'clock in the
forenoon to four o'clock in the afternoon, and in each of the




PUBLIC OFFICERS.                           1127
other counties of this state, between the thirty-first day of
March and the first day of October, from  eight o'clock in the
forenoon to six o'clockin the afternoon, and between the thirtieth
day of September and the first day of April, from nine o'clock in
the forenoon to five o'clock in the afternoon.
SEC. 2. This act shall take effect immediately.
1861. —CHAPTER  CLXXII.
AN ACT  to provide against Mutilation of the Records in the
City of New York.-Passed April.12, 1861, "three-fifths being
present."
The People o' the State of New  York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. It shall be the duty of the clerk of the city and
county of New  York, and of the register of said county, to
assign one or more suitable persons in their respective offices,
to have the custody of the records in said offices during office
hours, by whom, or in whose presence, under the direction of
said clerk and register, respectively, all examinations of such
records shall be made; such persons, however, shall be paid
by such clerk and register, respectively, and not by the city and
county of New York.
SEC. 2. All acts and parts of acts, inconsistent with this act,
are hereby repealed.
SEC. 3. This act shall take effect immediately.
1846. —CHAPTER XXXV.
AN ACT to provide for the Appointment of an Additional Number of Commissioners of Deeds in and for the City and County
of New York.-Passed March 26, 1846.
The People of the State of New York, represented in Senate and
Assembly, do enact as Jbllows:
SEc. 1. There may be appointed fifty commissioners of deeds Fifty addifor the city and county of New York, in addition to the num- missionersto
ber now limited by law, to be appointed in the same man- be appoted
ner, possess the same powers, hold their offices for the same
time, and be subject to all the provisions, as are now provided
by law in relation to commissioners of deeds for said city and
county.
SEC. 2. This act shall take effect immediately.




1128            ACTS RELATING TO THE CITY OF NEW YORK.
1851.-CHAPTER  CCCXC.
AN  AC Tproviding for the Appointment of an Additional Number of Notaries Public in the City and County of New York.Passed July 3, 1851.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The governor is hereby authorized and empowered,
by and with the advice and consent of the senate, to appoint
in and for the city and county of New York, in addition to the
number now prescribed by law, twenty-five additional notaries
public.
SEC. 2. This act shall take effect immediately.
1851.-CHAPTER DXVI.
AN ACT to provide for the Appointment of an Additional Number of Commissioners of Deeds in and for the City and County
of New York.-Passed July 11, 1851.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The common council of the city of New York are
hereby authorized to appoint seventy-five commissioners of
deeds in and for the said city, in addition to the number now
authorized by law, so that the number of said commissioners for
said city shall be two hundred and twenty-five.
SEC. 2. The first appointments made under this act shall be
made on or before the first day of August next, and the persons
so appointed shall hold their offices for two years from the date
of such appointment, and until others shall be appointed in
their places.
SEC. 3. This act shall take effect immediately.




PUBLIC OFFICERS.                          1129
1854.-CHAPTER XCII.
AN ACT. providing for the Appointment of an additional number
of Notaries Public and Commissioners of Deeds in the City of
NVew York.-Passed March 28, 1854.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
[SEC. 1. Abrogated by chap. 44, Laws of 1858.]
SEC. 2. The common council of the city of New York are
hereby authorized and empowered to appoint, in addition to
the number now prescribed by law, seventy-five additional commissioners of deeds in and for said city.
SEC. 3. This act shall take effect immediately.
1858.-CHAPTER XLIV.
AN  ACT relative to Notaries Public, in the City and County of
New York.-Passed March 25, 185S.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The notaries public in and for the city and county of
New York, whose commissions have not expired, and who have
qualified according to law, are hereby authorized to continue in
the discharge of the duties of their respective offices until the
expiration of their commissions; and the official acts of the
several notaries shall have the same force and effect as if no
irregularity had existed in their several appointments.
SEC. 2. The governor may appoint, by and with the advice
and consent of the senate as many notaries public in and for
the city and county of New York, as he may deem necessary,
provided the number in commission at any one time shall not
exceed four hundred.
SEC. 3. All acts or parts of acts, inconsistent with this act, are
hereby repealed.
SEC. 4. This act shall take effect immediately.




1130            ACTS RELATING TO THE CITY OF NEW YORK.
1859.-CHAPTER  CCCCLXXXV.
AN ACTproviding for the Appointment of an additional number of
Notaries Public in the City and County of New York.-Passed
April 19, 1859.
The People of the State of New York, represented in Senate and
Assembly, do enact as jbllows:
notariesopu-  SEC. 1. The governor is hereby authorized and empowered,
ie to be ap- and with the advice and consent of the senate, to appoint, in
and for the city and county of New York, in addition to the
number now prescribed by law, one hundred additional notaries
public.
SEC. 2. This act shall take effect immediately.
1861.-CHAPTER CCXXIX.
AN ACT providingfor the Appointment of an additional number of
Notaries Public in the City and County of New York.-Passed
April 13, 1861.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The governor is hereby authorized and empowered,
and with the advice and consent of the senate, to appoint, in
and for the city and county of New York, in addition to the
number now prescribed by law, one hundred additional notaries
public.
SEC. 2. This act shall take effect immediately.
1862.-CHAPTER  CCCLXXXVII.
AN ACT providing for the appointment of an additional number
of Notaries Public in the City and County of New York.-Passed
April 21, 1862.
The People of the State of New York, represented in Senate and
Assembly, do enact as jbllows 
SEC. 1. The governor is hereby authorized and empowered,
and with the advice and consent of the senate, to appoint, in and
for the city and county of New York, in addition to the number now prescribed by law, two hundred additional notaries
public.
SEC. 2. This act shall take effect immediately.




PUBLIC OFFICERS.                           1131
REVISED STATUTES, PART I, CHAP. XII, ARTICLE V.
SEC. 125. [SEC. 68.] The bond to be executed by the sheriff Amnnyt of
of the city and county of New York shall be in the penal sum
of twenty thousand dollars, with two sureties; and the bond
to be executed by the sheriff of every other county in this state
shall be in the penal sum of ten thousand dollars, with two or
more sureties
SEC. 132. [SEC. 75.] The sheriff of the city and county ofCustody of
New York shall have the custody of the jail in that city used
for the confinement of persons committed on civil process only,
and of the prisoners in the same.
PART IV, CHAP. II, TITLE VII, ARTICLE I.
SEC. 9. In case of the absence of the coroner of the city and Certain ocounty of New York, or of'his inability to attend, from sickness York, when
or any other cause, at any time, any alderman or special justice coroners.
[police] of the city may perform, during such absence or inability, any duty appertaining to the office of coroner of the said
city, under this article; and such aldermen or justice shall
possess the like authority, and be subject to the like obligations
and penalties, as the said coroner.
1819.-CHAPTER  VIII.
AN ACT regulating the Fees of the Coroner in the City of New
York.-Passed January 29, 1819.
Be it enacted by the People of the State of New York, represented
in Senate and Assembly, That the coroner for the city and county
of New York shall not be entitled to receive more than five
dollars for viewing a body, and taking and returning an inquisition.
1826.-CHAPTER LXII.
AN ACT regulating the Fees of Coroners in the several Cities and
Counties of this State, so far as relates to the taking of Inquisitions.-Passed M5arch 2, 1826.
I. Be it enacted by the People of the State of New York, repre- Supervisor
sented in Senate and Assembly, That, from and after the passing of
this act, the compensation to be paid to the coroners of the
several cities and counties of this state, for taking a view of
dead bodies, and all incidental expenses, shall be fixed, and their
accounts audited and allowed, by the board of supervisors of the




1132              ACTS RELATING TO THE CITY OF NEW  YORK.
several cities and counties, in the same manner as other contingent expenses in said cities and counties are audited and allowed.
Former act   II. And be it further enacted, That so much of the act, entitled
" An act regulating the fees df the several officers and ministers
of justice within this state," passed April 9, 1813, as relates to
the taking of inquisitions, be, and the same is hereby, repealed.
1S52.-CHAPTER CCLXXXIX.
AN ACTfor the Appointment of an additional number of Coroners
in the City and County of New York.-Passed April 14, 1852.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Four coroers to be    SEC. 1. Four coroners in the city and county of New  York,
sieadf  e. instead of one, as heretofore provided by law, shall hereafter be
elected in the same manner and at the same general election as
sheriffs, hold their offices for the same term, and be removable in
the same manner.
One assigned
to each sen.  SEC. 2. The mayor of said city shall, before the coroners
atedistrictelected underthis act shall enter upon the duties of their office,
assign one of said coroners to each of the senate districts of the
city of New  York, and they shall respectively exercise their
powers during the term  for which they are so elected, within
the district to which they shall be respectively assigned.
Prwovisions f  SEC. 3. All the provisions of law applicable to the coroner of
ble.    the city and county of New  York shall apply to the officers
elected under this act, except as to the number so to be elected.
SEC. 4. This act shall take effect immediately.
1813.-CIHAPTER  LXXXVI.
AN ACT to reduce several Laws relating particularly to the City
of New York into one Act.-Passed April 9, 1813.
Chamberlain   CLI. And be it further enacted, That the chamberlain of the
to be treasurer of city, said city shall, in respect to all moneys so to be levied and coland sbject lected, and also in respect to all moneys to be levied and collected
to like regutions o s in the said city for the use of this state, perform the like duties
treasurers. as the treasurers of the several counties of this state are, by the
said act, required to do and perform, and be accountable, in like
manner, to the said mayor, recorder, and aldermen, as the super



PUBLIC OFFICERS.                            11.33
visors of the said city, and once in every year, between the
third Tuesday of November and the first Tuesday of December,
and at such other times and at such places as the said mayor,
recorder, and aldermen shall direct, exhibit to them his books
and accounts, and all vouchers relating to the same, to be examined and audited; and shall, also, before entering upon the
execution of his office, give the like security by bond, to the
mayor, aldermen, and commonalty of the said city; and the
obligors in such bond, their heirs, executors, or administrators,
shall jointly and severally be liable to be prosecuted on such
bond, and such chamberlain shall also be liable to such other
actions, and in the like cases, as the said treasurers of the other
counties of this state and their sureties are respectively liable
to by the said act, and the moneys recovered in any such action
shall be paid and applied in the like manner; and in case of the
death, resignation, or removal from office, of.such chamberlain,
all the books and papers belonging to his office shall be delivered to his successor in office, upon oath, in like manner as in
the case of the death, resignation, or removal from office, of the
treasurer of any other county; and, upon refusal or neglect so
to do, when lawfully demanded, every person so refusing or
neglecting shall forfeit the like penalties to the mayor, aldermen,
and commonalty of the said city, to be recovered and applied
in like manner as in the case of such refusal or neglect, on the
death, resignation, or removal from office, of the treasurer of any
other county.
REVISED  STATUTES, PART I, CHAP. XII, TITLE II,
ARTICLE II.
SEC. 70. [SEC. 29.] The chamberlain of the city and county of NewYork
New York shall be considered the county treasurer thereof; and
all the provisions of this article shall be construed to apply to
him, except where special provisions, inconsistent therewith,
are or shall be made by law, in relation to the city and county
of New York.( )
1860.-CHAPTER CCCCLXXVII.
AN  ACT in relation to the Bank Deposit and Custodian of Public
Moneys in New York. —Passed April 17, 1860, "three-fifths
being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. All moneys belonging to the city or county of New Moneystobe
York shall be deposited by the legal custodian thereof, forth- in banlwith.
out delay.
(1) 2 R. L. 399, sec. 151.




1134            ACTS RELATING TO THE CITY OF NEW YORK.
with, without delay, from time to time, as received by him, in
any bank which he shall under his official bonds select for that
purpose, and they shall not be withdrawn therefrom except as
Tfm of  provided specifically by law or ordinance. And the said custocustodian. dian of said moneys, who is both chamberlain of said city and
treasurer of the county, by virtue of special laws to that effect,
shall continue in the office which he now fills only until the
expiration of the term of office for which the comptroller of the
city of New York, now in office, was elected, but no longer.
SEC. 2. This act shall take effect immediately.
1861.- CHAPTER CLXXXVI.
AN ACT relative to the Chamberlain of the City of New York.Passed April 12, 1861, "three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact asfollows:
SEC. 1. The chamberlain of the city of New York shall hold
his office for the term of four years from the time of his appointment, and until his successor shall be duly appointed and qualified, and shall be subject to removal from office only for the
causes and in the manner, by the same authority and by the
proceedings, now provided by law for the removal of the mayor,
comptroller, and corporation counsel of said city, and not otherwise. The chamberlain of said city, appointed on the twentyfourth day of December, eighteen hundred and sixty, shall hold
his office for the term above provided, and shall not be subject
to removal therefrom except as above specified.
SEC. 2. This act shall take effect immediately.
1847.-CHAPTER CCCCLXXXVIII.
A..N ACT to provide for. the Election of Recorder and Surrogate
for the City and County of New  York.-Passed December 15,
1847.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Recorderand SEC. 1. There shall be elected, at the general annual election
surrogate,
when and in and for the city and county of New York, held in the month
how elected of November, in the same manner that other county officers of
said city and county are elected, a recorder and surrogate for




PUBLIC OFFICERS.                             1135
said city and county, who shall hold their respective offices for
the term of three years from the first day of January next after
said election; on which day they shall enter upon the discharge of the duties of their respective offices. All laws relating
to general elections shall be deemed to apply to the elections
authorized by this act, so far as the same are applicable thereto.
The first election of said officers shall take place at the general
election to be held in November, in the year eighteen hundred
and forty-eight, and said officers shall enter upon the discharge
of their official duties on the first day of January, eighteen hundred and forty-nine.
SEC. 2. [Abrogated by Election Laws.]
SEC. 3. In case a vacancy shall occur in either of said offices, Provision in
by death, resignation, or otherwise, the board of supervisors ofcancy.
said city and county are authorized to fill such vacancy until the
general election next ensuing the happening of such vacancy,
when an election shall be had to fill the unexpired term of the
officer whose term had so become vacant.
SEC. 4, The salary of said recorder shall be fixed by the board alary of r.
corder to be
of supervisors of said city and county, by resolution to be enter- fixed by sued in the minutes of proceedings of such board, on or before the pervisor.
first Monday in April next.  The salary so fixed shall be the
annual salary of said recorder during the term for which he, or
the person who may be appointed to supply his place, in case of
a vacancy, shall serve; and the board of supervisors shall in like
manner, during the month of September, preceding every general election thereafter, at which a recorder is to be elected, fix
the salary of said recorder for the three years, commencing on
the first day of January next ensuing, which salary, when so
fixed, shall not be increased or diminished during said term.
1850.- CHAPTER CCV.
AN ACT to create the ofice of City Judge in the City and County
of New  York.-Passed April 8, 1850, "three-fifths being
present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. There shall be elected in the  city and county of city judgeto
New York, at the general election held in the month of No- eelected.
vember, in the same manner that the recorder of said city is
now elected, a judicial officer to be designated as the city
judge, who shall enter upon the duties of his office on the first




1136             ACTS RELATING TO THE CITY OF NEW  YORK.
Te of   day of January next after his election, and hold his office for
the term of four years thereafter. All laws relating to general
elections shall be deemed to apply to the elections authorized
by that act, so far as the same are applicable thereto.
Maner of   SEC. 2. The first election under this act shall take place at
the general election to be held in November, in the year one
thousand eight hundred and fifty, and thereafter such election
shall take place at the general election next preceding the expiration of the term of office of the person holding the same
for the time being.  If a vacancy occur by death, resignation,
or otherwise, it shall be filled at the general election held next
after the happening thereof, and the person chosen shall enter
upon the duties of his office on the first day of January next
succeeding his election, and hold his office for the full term of
four years thereafter, but no election shall be held to fill any
vacancy which shall happen between any election at which a
city judge shall have been chosen and the first day of January
next thereafter.
Powers.    SEC. 3. All judicial powers vested by law in the recorder of
the city of New  York are hereby conferred upon such city
judge, and said city judge shall, concurrently with said recorder, perform and discharge all judicial duties imposed upon
such recorder.
Office.
SEC. 4. The city judge shall have an office, to be provided
and properly furnished by the board of supervisors of the city
and county of New York, and shall attend there at all reasonable hours, for the transaction of business, except when engaged in holding court.
Salary.    SEC. 5. The city judge shall receive a salary of not less than
two thousand dollars yearly, the amount of which shall be
fixed by the board of supervisors, on or before the first day of
November, 1850, and shall not afterwards be increased or diminished during his continuance in office; such salary shall be
paid out of the treasury of the city and county of New York,
in equal quarter-yearly payments.
Judges of    SEC. 6. The powers herein conferred on the city judge may
pleas.    be exercised until the first day of January, 1851 (and thereafter, in case of a vacancy) by any of the judges of the court
of common pleas, in and for the city and county of New
York.




PUBLIC OFFICERS.                           1137
1850.- CHAPTER  CCI.
AN ACT in relation to the Assistants appointed by the Surrogate
of the City and County of New  York.-Passed April 8, 1850.
The People of the State of New  York, represented in Senate and
Assembly, do enact as fllows:
SEC. 1. The assistants appointed by the surrogate of the city Assistants to
and county of New York, pursuant to the seventh and eighth administer
sections of the act entitled  " An act in relation to the fees
and compensation of certain officers in the city and county of
New  York," passed December 10, 1847, shall have power,
during the term of their appointment, to administer and certify
oaths and affirmations in all cases in which said surrogate is
authorized to administer the same.
SEC. 2. The same fees shall be collected for services per- Fee.
formed under this act as the said surrogate is authorized to
collect for such services when performed by him, and shall be
in the same manner accounted for by him, and paid over into
the treasury of said city and county.
SEC. 3. No such assistant shall perform  any service under To take con
this act, until he shall have taken an oath of office before the tithtional
clerk of the city and county of New  York, in the form prescribed by law  in cases of other public officers, which oath
shall be thereupon subscribed and filed in said clerk's office.
1832.-CHAPTER  XII.
ANX ACT respecting the Loan Officers of the City and County of
New  York.-Passed January 30, 1832.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. It shall be lawful for the loan officers of the city and
county of New York to assign and set over to any person or
corporate body, their heirs and assigns, on their paying the
principal and interest due thereon, all mortgages on lands,
which may have been mortgaged to  said loan officers, and
their predecessors in office, which have not been canceled and
paid; and thereupon the assignees of such mortgages, their
heirs and assigns, shall be possessed of all the right, title, and
interest which the people of the state of New York and the said
loan officers have in and to the same, and shall be entitled to
take all lawful means, in their own name, for the collecting of
72




1138             ACTS RELATING TO TIIE CITY OF NEW YORK.
the money due, or to become due thereon, which the said people and the said loan officers now have, or may have, for the
collection of the same, but the people of this state are in no
event to be made liable, by such assignment, for the repayment of the principal and interest, or any part thereof, in case
the same shall not be recovered of the mortgagor or mortgagors, their heirs or assigns, or from the sale of the premises
thus mortgaged.
SEC. 2. It shall be the duty of the said loan officers to account with the comptroller of this state for their doings in
the premises, and to pay to the treasurer of the state the
moneys so received, on transfer of the said mortgages.




RAILROADS.
1832.-CHAPTER XCIII.
AN  ACT to amend an act, entitled " An act to incorporate the New
York and Harlaem Railroad Company," passed April 25, 1831.Passed April 6, 1832.
The People of the State of Netw York, represented in Senate and
Assembly, do enact asfollows:
SEC. 1. The president and directors of the New York and Har- Rod to bo
laem  railroad company are hereby authorized and empowered,
with the permission of the mayor, aldermen, and commonalty othe city of New York, to extend their railroad along the Fourth
avenue to Fourteenth street, in the said city, and through such
other streets in the said city as the mayor, aldermen, and commonalty of said city may from time to time permit, subject to
such prudential rules as are prescribed by this act, and as the
said mayor, aldermen, and commonalty, in common council convenec, may prescribe.
SEC. 2. The president and directors of said company are Capitalstoc,
hereby authorized to increase their capital stock to such sum as
may be necessary for the purpose aforesaid, and to issue scrip
therefor; but their capital stock shall not, in the whole, exceed
the sum of five hundred thousand dollars.
SEc. 3. After obtaining the consent of the said mayor, alder- Railway.
men, and commonalty, the said company shall not construct
any railway in any street of the city of New York below Prince
street, until they shall have completed four miles of their road
above said street.
SEC. 4. No carriage or vehicle shall be drawn or propelled arriages,
by any other than horse power through any street of said city ho.
south of Fourteenth street.
SEC. 5. Every carriage or vehicle, drawn or propelled on the safeguards.
said railroad, shall be provided with suitable safeguards, projecting in a descending direction to near the surface of the rails in
front of each forward wheel, in such manner as to insure the
greatest safety against accidents.
SEC. 6. No such carriage or vehicle shall be drawn or pro- Rat ofspoP
pelled at a greater speed than at the rate of five miles an hour
in any street of said city below Fourteenth street.




1140             ACTS RELATING TO THE CITY OF NEW YORK.
1857.-CHAPTER DLI.
AN ACT to authorize the Second Avenue Railroad Company of
the City of New York to discontinue a portion of their Track, and
to construct new tracks.-Passed April -15, 1S57.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Discontinuance of part SEC. 1. The Second Avenue Railroad Company of the city of
of road   New York are hereby authorized to discontinue the use of that
portion of the tracks of their railroad commencing in Chatham
square and running through Oliver street and South street to
Peck slip.
xtension.   SEC. 2. The said company are hereby authorized to extend
and construct their said road, with a single or double track,
through that part of the Bowery extending from  Chatham
square to Pearl street, and thence through Pearl street to Peck
slip, and thence through Peck slip to South street, together
with the necessary turn-outs or switches in Peck slip, for the
convenient operation and working of said railroad.
SEC. 3. This act shall take effect immediately.
1859.-CHAPTER  CCCLXXXVII.
AN ACT to extend the Charter of the New York and Iiarlem Railroad Company, and to determine the mode of using the same in the
streets of New York.-Passed April 16, 1859.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
May lay   SEC. 1. The New  York and Harlem Railroad Company are
doubltrack. hereby authorized, pursuant to the ordinance of the mayor,
aldermen, and commonalty of the city of New  York, passed
December -twenty-seventh, eighteen hundred and fifty-eight,
and approved December thirty-first, eighteen hundred and fiftyeight, to lay down a double track or railway from their track in
the Fourth avenue, at Forty-second street, up said street to
Madison avenue, and up Madison avenue to Seventy-ninth street,
for the use of their small cars only.
May use   SEC. 2. The New York and Harlem  Railroad Company is
certain   hereby authorized, empowered, and permitted to use steam in the
places    drawing of their passenger and freight cars, upon their railroad
on the Fourth avenue, to and from the northern extremity of
Manhattan or New  York island, to the south side of Fortysecond street, in said city, with turnouts to their engine-houses,
respectively, for a period of thirty years from the thirty-first day
of December, eighteen hundred and fifty-eight.




RAILROADS.                              1141
SEC. 3. All the rights, privileges, and franchises given and Rights nd
granted to the New York and Harlem Railroad Company, in and extended.
by their act of incorporation, passed April twenty-fifth, eighteen
hundred and thirty-one, and the several acts amending the same,
subject to all the restrictions imposed by said several acts,
except as herein modified, are hereby extended for the term of
thirty years from the passage of this act.  Nothing in this act
shall be construed to prevent the legislature, at any future time,
from rescinding, altering, or amending this act, or the privileges
hereby granted.
SEC. 4. This act shall take effect immediately.
1860.-CHAPTER X.
AN ACT relative to Railroads in the City of New York.-Passed
January 30, 1860.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. It shall not be lawful hereafter to lay, construct, or ilrod ine
operate any railroad in, upon, or along any or either of the streets York.
or avenues of the city of New York, wherever such railroad may
commence or end, except under the authority and subject to the
regulations and restrictions which the legislature may hereafter
grant and provide.  This section shall not be deemed to affect
the operation, as far as laid, of any railroad now constructed and
duly authorized. Nor shall it be held to impair, in any manner,
any valid grant for or relating to any railroad, in said city, existing on the first day of January, eighteen hundred and sixty.
SEC. 2. All acts and parts of acts, inconsistent with this act,
are hereby repealed.
SEC. 3. This act shall take effect immediately.
CHAPTER CCCCXI.
AN ACT to confirm a Grant or Resolution of the Common Council
of the City of New York, authorizing the construction of a Railroad
in certain Streets and Avenues in said City, and to authorize the
construction of said Railroad.-Passed April 14, 1860, " threefifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact asfollows:
SEc. 1. The grant or permission given or intended to be given Grant of
by the common council of the city of New York, by resolution council
confirmed.




1142               ACTS RELATING TO THE CITY OF NEW  YORK.
passed in the year eighteen hundred and fifty-three, to William
Radford, James Murphy, and Minor C. Story, and their assigns,
to lay and construct and operate a railroad in said city, through
the Ninth avenue, Gansevoort street, Washington street, Battery
place, and Greenwich street, in said city, and such other streets
and avenues as are mentioned in said resolution, and all powers,
privileges, liberties, and rights granted or conferred, or intended
to be, by such grant or resolution, are, notwithstanding any
irregularities, hereby confirmed and made valid and effectual in
the aforementioned persons, or in their assigns, now owning, or,
by virtue of an assignment from them or any of them, claiming
to own, have, or be entitled to such grant, permission, right,
powers, privileges, and liberties, they having already constructed
said railroad in part; and the said persons, or their assigns, as
aforesaid, are hereby authorized and empowered to lay, construct and operate and run a railroad over, upon and through
the avenues, streets, and places in said resolution mentioned,
together with the necessary turnouts and switches for the proper
working of said road.
Track may   SEC. 2. The persons aforementioned, or their assigns as aforebe laid and
railroad   said, are hereby authorized forthwith to lay the track, necessary
operated
forthwit. turnouts, and switches, and use and operate the railroad upon
and over the-route, and in the manner in said resolution mentioned and provided, with the like power and subject to like
regulations as those specified in the said resolution; and the
assigns of the aforementioned persons, or of any of them, or of
the present assigns, as aforesaid, of the aforementioned persons,
or of any of them, shall, with their legal representatives and
assigns, have, possess, and enjoy all the powers, privileges, rights,
or authority, by this action given or conferred upon the aforementioned persons, or their present assigns, as aforesaid, or any
or either of them.  And they are hereby authorized to make
connections at Canal street, between the said railroad and the
Hudson River railroad, and between the said railroad and the
Eighth Avenue railroad; said connections to be made on such
terms and conditions as may be agreed on between said grantees,
or their assigns, and the respective companies owning said railroads.
Rights touse  SEC. 3. In case any other person or persons than the mayor,
tvenues, r aldermen, and commonalty of the city of New York shall own
ho acquir- any private right or interest in any of said streets or avenues,
ed.
over or upon which such railroad is authorized to be laid, and
the said associates, or their assigns, shall be unable to agree for
the use of such right or interest, for the purposes aforesaid, it
shall be lawful for them  to acquire the right to use the same
for such purpose for the term of' the aforesaid grant, as against
such other persons(l) or persons, in the manner provided in the
(1) So in original.




RAILROADS.                             1143
fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, nineteenth, twentieth, and twenty-first sections of the act entitled
"An act to authorize the formation of railroad corporations,
and to regulate the same," passed April second, eighteen hundred and fifty, except that the petition to the supreme court
need not make any mention of the matters contained in the
said fourteenth section, from the words "which the company
seek to acquire," down to and including the words "the said
road is to be constructed."
SEC. 4. No act or part of any act, inconsistent with any of
the provisions of this act, shall apply to any of the matters
aforesaid.
SEC. 5. This act shall take effect immediately.
1860. —CHAPTER DXI.
AN ACT to authorzze the construction of a Railroad Track on
Southwest, and certain other Streets in the City of New York.Passed April 17, 1860, notwithstanding the objections of the
Governor.
The People of the State of New York, represented in Senate and
Assembly, do enact asJbllows:
SEC. 1. Charles W. Durant, Myron S. Clark, John Butler, Jr., Persons
Henry Rigley, Orson H. Sheldon, Warren E. Russel, Robert B. named may
Van Valkenturgh, John Myers, John de la Montagnie, William andT use
R. Stewart, James S. Leach, James S. Sluyter, John A. Cooke, railroad.
James C. Kennedy, Thomas C. Durant, Benjamin F. Bruce,
Edward R. Phelps, Augustus L. Brown, and their assigns, are
hereby authorized to, lay, construct, operate, and use a railroad
with a double or single track, as hereinafter provided, and to
convey passengers and freight thereon for compensation, through,
upon, and along the following streets and avenues, route or
routes, in the city of New York, viz.: To commence at the in- Routoof
tersection of Tenth avenue and Fifty-ninth street; thence
through and along Tenth avenue, with a double track, into
West Twelfth street; thence through and along West Twelfth
street, with a single track, to Greenwich street; thence from
West Twelfth street through and along both West and Greenwich streets southerly, with a single or double tiack upon each
of said streets, to Battery place; thence through and along Battery place to State street, with double track; thence through
and along State street, with single track, to Whitehall street;
thence through and along Whitehall street, with double track,
to South Ferry; returning through and along Whitehall street,
with  single track  from  its intersection with State street,
to Bowling Green; thence along southerly side of Bowling




1144            ACTS RELATING TO THE CITY OF NEW YORK.
Green, with single track to connect with the double track in
Battery place, with the right to construct, maintain, and use a
double track from West street through and along Chambers
street, to its intersection with Hudson street; also, from the
intersection of Tenth avenue and Fifty-ninth street, with double
track, through and along Fifty-ninth street to First avenue;
thence through and along First avenue, with double track, to
Twenty-third street; thence through and along Twenty-third
street, with double track, to avenue A; thence through and
along avenue A, with double track, to Fourteenth street; thence
through and along Fourteenth street, with double track, to
avenue D; thence through and along avenue D, with double
track, to Houston street; thence through and along Houston
street, with double track, to M.angin street; thence through and
along Mangin street, with single track, to Grand street; thence
through and along Grand street to Corlears street, with single
track; thence through Corlears street to South street, with
single track; thence through and along South street to Montgomery street, with single track; thence through and along
Montgomery street, with single track, to the junction of Front
and South streets; thence through and along South street, with
double track, to the junction of South and Front streets, at
Roosevelt street; thence through and along South street to Old
slip, with single track; thence through and along Old slip to
Water street, with single track;     thence through and along Water
street to Whitehall street, with single track; thence through
and along Whitehall street to South street, with double track;
thence through and along South street to Coenties slip, with
single track; thence through and along Coenties slip to Front
street, with single track; and also with single track from Old
slip, through and along Front street, to Whitehall street; also a
double track in Broad street, from Water street to South street;
also through and along Houston street, from its intersection
with avenue D, by the track already named, to Goerck street;
thence through and along Goerck street, to Grand street, with
single track; thence through and along Grand street, with
single track, to its intersection with Monroe street; thence
through and along Monroe street to Jackson street, with single
track; thence through and along Jackson street to Front street,
with a single track; thence through and along Front street,.
with single track, to its intersection with South street, at Montgomery street; thence through and along South street, by the
double track already named, to Front street, at the junction of
South and Front streets, at Roosevelt street; thence through and
along Front street to Old slip, and thence through and along
Front street to Whitehall street, by the track already named;
thence through and along Whitehall street, with single track,
to South ferry, with the privilege of laying all necessary sidings,
turn-outs, connections, and switches, for the proper working
and accommodation of the said railroad, in any of the above



RAILROADS.                               1145
mentioned streets, and of connecting with, running  on, or
crossing all such other railroad tracks as may lie along or across
any of said routes, streets, or avenues.
SEC    I-Road howto
SEC. 2. Said railroad shall be constructed upon the lmbost: ontructapproved plan for the construction of city railroads, and the cars e
on the same shall run as often as the convenience of the public
shall require, and shall be subject to such reasonable rules and
regulations in respect thereto, in the transportation of passengers and freight in suitable cars, as the common council of the
city of New York may, from  time to time, by ordinance prescribe, and to the payment to the city of the: same license fee
annually for each passenger car run thereon, as is now paid by
other city railroads in said city; and no higher rate of fare shall
be charged for the conveyance of passengers thereon than is now
charged by the city railroads in said city, now chartered and
constructed; and the said common council are hereby authorized and required to grant permission to the persons herein
named, or their assigns, to construct, maintain, operate, and use
said railroad in, upon, and along-the several streets and avenues
herein mentioned.
SEC. 3. In the construction, operation, and use of such rail-  ntase
road, should the said parties above named, or their assigns, deem portions o'
it necessary or proper to run upon, intersect, or use any portion
of any other railroad tracks now laid upon any of the streets or
avenues above named, they are hereby authorized to run upon,
intersect, and use the same; and in case they cannot agree with
the owner or owners thereof respecting the compensation or
payment to be made therefor, then the amount of such compensation or payment shall be ascertained and determined in the
manner provided by subdivision six of the twenty-eighth section
of the act entitled " An act to authorize the formation of railroad
corporations, and to regulate the same," passed April second,
eighteen hundred and fifty; and should any real estate, or interest therein, be required for the purpose of constructing said
railroad, on said route or routes, as above specified and authorized, for which the said persons above named, or their assigns,
shall be unable to agree with the owner or owners for the use or
purchase thereof, they may acquire- the right to use or title to
the same, in the manner specified in the fourteenth, fifteenth,
sixteenth, seventeenth, eighteenth, nineteenth, twentieth, and
twventy-first sections of the- said act of April second, eighteen
hundred and fifty, except that-in any of the proceedings, for any
of the purposes authorized by this section, it shall not be necessary that the petition to the supreme court shall make any
allegations of, or reference to, any incorporation, capital stock,
surveys, or maps, or of the filing of any certificate of locations.
But, in all cases, the use of said streets and avenues, for the purposes of said railroad, as herein authorized, shall be considered




1146             ACTS RELATING TO THE CITY OF NEW  YORK.
one of the uses for which the mayor, aldermen, and commonalty
of said city hold said streets and avenues.
Powers, duties, and re-  SEC. 4. The mayor, common council, and the several officers
strictions of o the corporation of the said city of New York, and the said
mayor and  
common   corporation are hereby prohibited from  giving any assent to or
allowing any company, claiming to derive authority under the
act entitled "An act to authorize the formation of railroad corporations, and to regulate the same," passed April second, eighteen hundred and fifty, or act amendatory thereof, or in addition
thereto, to construct any railroad in or upon any or either of
the said streets or avenues, and from  doing any other act to
hinder, delay, or obstruct the construction or operation of said
railroad as herein authorized.  And it is hereby made the duty
of the said mayor, common council, and other officers to do
such acts within their respective departments as may be needful
to promote the construction and protect the operation of the
said railroad, as provided in this law; any act or thing done il
violation hereof shall be inoperative and void. All actions relating to, affecting, or arising under, this act, or the authority
herein given, shall be commenced in the supreme court of the
first judicial district.
SEC. 5. All acts or parts of acts, inconsistent with the provision of this act, are hereby repealed, and declared to be inoperative so far as the same are applicable to this act
SEC. 6. This act shall take effect immediately.
SEC. 7. The legislature may at any time modify, amend, or
repeal this act.
IS60.-CHAPTER  DXII.
AN ACT to authorize the construction of a Railroad in Avenue D,
East Broadway, and other streets and avenues of the City of New
York.-Passed April 17, 1860, notwithstanding the objections of the Governor.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Certain per-  SEC. 1. John E. Develin, William A. Hall, Cornelius Runkle,
construct  Bernard Smyth, Harry Clark, William A. Herring, William  D.
rioerate Marvin, John V. Coon, William  P. Buckmaster, George L.
Thomas, William  H. Hays, James Murphy, and their assigns,
are hereby authorized and empowered to lay, construct, operate,
and use a railroad with a double or single track, as hereinafter
provided, and to convey passengers thereon for compensation,
through, upon, and. along the following streets and avenues,




RAILROADS.                             1147
route or routes in the city of New York, viz.: Commencing on roate 
avenue D, at the northern extremity of the same; thence
-through and along avenue D, with a double track, to Eighth
street; thence through and along Eighth street, with a single
track, to Lewis street; thence through and along Lewis street,
with a single track, to Grand street; thence through and along
Grand street, with a double track, to East Broadway; thence
through and along East Broadway, Chatham  square, Chatham
street, and Park. row, with a double track, to Broadway; also
from  the corner of avenue D and Eighth street through and
along avenue D, with a single track, to Houston street; thence
through and along Houston street, with a single track, to
Goerck street; thence through and along Goerck street, with
a single track, to connect with the double track in Grand street
hereinafter provided for; also, connecting with the double track
in East Broadway, through and along Canal street, with a
double track, to the westerly side of Broadway; also, connecting with the double track in Grand street and Lewis street,
through and along Grand street, with a double track, to the
Grand street ferry; also, commencing at the northern extremity
of avenue B, through and along avenue B, with a double track,
to Clinton street; thence through and along Clinton street,
with a double track, to connect with the track in East Broadway; also, connecting with the track in avenue B through and
along Tenth street and Eleventh street, with single tracks, to
avenue D; also, connecting with the double track in Canal
street at Broadway, with a single track, across Broadway to
Lispenard street; thence, with a single track, through and
along Lispenard street, to and across West Broadway to Beach
street; thence through and along Beach street, with a single
track, to Washington street; 4thence through and along Washington street, with.a single track, to Battery place; thence
through and along Battery place, with a double track, to the
Bowling Green at State street; also, connecting with the track
in Battery place through and along Greenwich street, with a
double track, to the centre of Canal street; also, connecting
with the track in Washington street at North Moore street,
with a single track, through and along North Moore street, and
across West Broadway to Walker street, and thence through
and along Walker street to and to connect with the double
track in Canal street; also, connecting with the track in Washington street, through and along Washington street, with a
single track, to the centre of Canal street; also, connecting
with the double track in avenue D, through and along Fourteenth street, with a double track, to First avenue; thence
through and along First avenue, with a double track, to Thirtyfourth street; thence through and along Thirty-fourth street,
with a double track, to avenue A; and thence through and
along avenue A, with a double track, to and to connect with
the double track in Fourteenth street, together with the ne



114S.            ACTS RELATING TO THE CITY OF NEW  YORK.
cessary connections, turnouts, and switches for the proper
working and accommodation of the road on the said route or
routes.
Road to be  SEC. 2 Said railroad shall be constructed on the most apmost  ap- proved plan for the construction of city railroads, and shall be
proved plan,
and cars run run as often as the convenience of passengers may require, and
as  often  as
public con- shall be subject to such reasonable rules and regulations in
ay equi. respect thereto as the common council of the city of New York
may from time to time by ordinance prescribe; and to the payment to the city of the same license fee annually for each car
run thereon as is now paid by other city railroads in said city;
and the said persons, and their assigns, are hereby authorized to
charge the same rate of fare for the conveyance of passengers
on said railroad as is now charged by other city railroads in said
city.
May inter-   SEC. 3. In the construction, operation, or use, of such railsect and run
upon other road, upon the route or routes above designated, should such
railroads.
persons above named, or their assigns, deem it necessary or
proper to run upon, intersect, or use any portion of other railroad tracks now laid upon any of the streets or avenues above
named, they are hereby authorized to run upon, intersect, and
use the same, and in case they cannot agree with the owner or
owners thereof, respecting the compensation or payment to be
made therefor, then the amount of such compensation or payment shall be ascertained and determined in the manner provided by subdivision six of the twenty-eighth section of the act
entitled " An act to authorize the formation of railroad corporations, and to regulate the same," passed April 2, 1850.
Real estate. And should any real estate or interest therein be required
for the purpose of constructingC said railroad on said route
or routes, as above specified and authorized, for which the
said persons above named, or their assigns, shall be unable to
agree with the owner or owners for the use or purchase thereof,
they may acquire the right to use, or title to the same, in the
manner specified in the fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, nineteenth, twentieth, and twenty-first sections of the said act of April 2, 1850, except that, in
any of the proceedings for  any  of the purposes authorized by this section, it shall not be necessary that the petition to the supreme court shall make any allegations of or
reference to any incorporation, capital stock, surveys, or maps,
or of the filing of any certificate of location. But, in all cases,
the use of said streets and avenues for the purposes of said railroad, as herein authorized, shall be considered a public use consistent with the uses for which the mayor, aldermen, and comlhloboro. monalty of said city hold said streets and avenues.  The expense
of constructing the tracks in Greenwich and Washington streets
and Battery place, as herein provided, shall be borne equally by




RAILROADS.                              1149
said persons or their assigns, and any company which is now or
shall hereafter be authorized to construct tracks therein, and
thereupon the said tracks shall be used in common by the said
persons, or their assigns, and such company.
SEC. 4. The mayor, common council, and the several officers Powers, duof the corporation of the said city of New York, and the said tritions of.,mayor and
corporation, are hereby prohibited from giving any assent to or common
allowing any company, claiming to derive authority under the council
act entitled " An act to authorize the formation of railroad
corporations, and to regulate the same," passed  April 2,
1850, or act amendatory thereof, or in addition hereto, to
construct any railroad in or upon any or either  of the said
streets or avenues, and from  doing any other act to hinder, delay, or obstruct, the construction or operation of said
railroad as herein authorized.  And it is hereby made the duty
of the said mayor, common council, and other officers, to do
such acts, within their respective departments, as may be needful to promote the construction and protect the operation of
said railroad, as provided in this law. Any act or thing done
in violation hereof shall be inoperative and void. All actions
relating to, or affecting, or arising under this act, or the authority herein given, shall be commenced in the supreme court of
the first judicial district.  Nothing in this section contained
shall be deemed or held to impair the rights of any railroad now
in operation in said city.
SEC. 5. All provisions of law, inconsistent with this act, are
hereby repealed.
SEC. 6. This act shall take effect immediately.
1860.-CHAPTER DXIII.
AN ACT to authorize the construction of a Railroad in Seventh
Avenue, and in certain other-Streets and Avenues of the City of New
York.-Passed April 17, 1860, notwithstanding the objections
of the Governor.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. John Kerr, Edward P. Cowles, Anthony J. Hill, Hugh Certain per
Smith, John S. Hunt, Jacob Sharp, Thomas H. Tower, Peter onstruc
B. Sweeny, John B. Babcock, Robert Marshall, John Kelly, rlro'd
Jacob Hays, and their assigns, are hereby authorized and empowered to lay, construct, operate, and use a railroad with a
double or single track, as hereinafter provided, and to convey
passengers thereon for compensation, through, upon, and along
the following streets and avenues, route or routes, in the city




1150           ACTS RELATING TO THE CITY OF NEW YORK.
Route.   of New York, viz.: commencing on the Seventh avenue, at the
southern extremity of the Central Park; thence through and
along the Seventh avenue, with a double track, to the old Bloomingdale road or Broadway; thence through and along the old
Bloomingdale road or Broadway and Union place, with a double
track, to University place; thence through and along University
place, with a double track, to Clinton place or Eighth street;
thence through and along University place and Wooster street,
with a single track, to Canal street; thence through and along
Canal street, with a single track, to West Broadway; thence
through and along West Broadway and College place, with a
single track, to Barclay street; thence through and along Barclay street, with a single track, to Church street; thence through
and along Barclay street, with a double track, to Broadway;
also, connecting with the double track in Barclay street, through
and along Church street, with a single track, to Canal street;
thence through and along Canal street, with a single track, to
Greene street; thence through and along Greene street, with
a single track, to Clinton place or Eighth street; thence
through and along Clinton place or Eighth street, with a single
track, to connect with the double track in University place;
thence to the place of beginning; also, connecting with the
double track in Seventh avenue at Broadway, through and along
Seventh avenue, with a double track, to Greenwich avenue;
thence through and along Greenwich avenue, with a double
track, to and across the Sixth avenue to Clinton place or Eighth
street; thence through and along Clinton place or Eighth street,
with a double track, to Macdougal street; thence through and
along Macdougal street, with a double track, to Fourth street;
thence through and along Fourth street, with a double track, to
Thompson street; thence through and along Thompson street,
with a double track, to Canal street; thence through and along
Canal street, with a double track, to West Broadway; thence
through and along West Broadway, with a double track, to
Chambers street; thence through and along West Broadway
and College place, with a single track, to Barclay street; thence
through and along Barclay street to Broadway; thence returning through Barclay street and Church street to Chambers street;
thence through and along Chambers street to West Broadway,
to connect with the track in said street, and by the aforesaid
route to the place of beginning; also, connecting with the track
in College place, through and along Park place, with a double
track, to Broadway; also, connecting with the track in West
Broadway, to and along Duane street, with a single track, to
Church street; and thence through and along Duane street,
with a double track, to Broadway; also, connecting with the
track in Thompson street, through and along Broome street,
with a double track, to Broadway; also, connecting with the
track in Union place, at Fourteenth street, through and along
Fourteenth street, with a double track, to Broadway, adjoining




RAILROADS.                               1151
Union square; also, connecting with the double track in Canal
street, at Thompson street, through and along Canal street, with
a double track, to Varick street; and thence through and along
Varick street, with a double track, to and to connect with the
track in West Broadway, at Franklin street; together with the
necessary connections, turnouts, and switches for the proper
working and accommodation of the said railroad, on the said
route or routes.
SEC. 2. Said railroad shall be constructed on the most ap-  cnstructed
proved plan for the construction  of city railroads, and shall on most a,proved plan,
be run as often as the convenience of passengers may require, andcarstobe
run as often
and shall be subject to such reasonable rules and regulations aspublic conin respect thereto as the common council of the city of New'myrequiro.
York may from  time to time by ordinance prescribe; and to
the payment to the city of the same license fee annually for
each car run thereon as is now paid by other city railroads in
said city; and the said persons and their assigns are hereby
authorized to charge the same rate of fare for the conveyance
of passengers on said railroad as is now charged by other city
railroads in said city.
SEC. 3. In the construction, operation, or use of such rail- Ma intersect and run
road upon the route or routes above designated, should such upon other
-.    *.     5.               railroads.
persons above named, or their assigns, deem  it necessary or
proper to run upon, intersect, or use any portion of other railroad tracks now laid upon any of the streets or avenues above
named, they are hereby authorized to run upon, intersect, and
use the same; and in case they cannot agree with the owner
or owners thereof respecting the compensation or payment to
be made therefor, then the amount of such compensation or
payment shall be ascertained and determined in the manner
provided by subdivision six of the twenty-eighth section of the
act entitled " An act to authorize the formation of railroad corporations, and to regulate the same," passed April 2, 1850.
And should any real estate or interest therein be required for
the purpose of constructing said railroad on said route or
routes, as above specified and authorized, for which the said
persons above named, or their assigns, shall be unable to agree
with the owner or owners for the use or purchase thereof, they
may acquire the right to use, or title to, the same, in the
manner specified in the fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, nineteenth, twentieth, and twenty-first sections of the said act of April 2, 1850, except that in any of the
proceedings for any of the purposes authorized by this section
it shall not be necessary that the petition to the supreme court
shall make any allegations of or reference to any incorporation,
capital stock, surveys, or maps, or of' the filing of any certificate of location. But, in all cases, the use of said streets
and avenues for the purposes of said railroad, as herein author



1152             ACTS RELATING TO THE CITY OF NEW YORK.
ized, shall be considered a public use, consistent with the uses
for which the mayo'r, aldermen, and commonalty of said city
hold said streets and avenues.
Poters,    SEC. 4. The mayor, common council, and the several officers
restrictions of the corporation of the said city of New York, and the said
of mayor
and common corporation, are hereby prohibited from giving any assent to, or
allowing any company, claiming to derive authority under the
act entitled "An act to authorize the formation of railroad
corporations, and to regulate the same,' passed April 2, 1S50,
or act amendatory thereof, or in addition thereto, to construct any railroad in or upon any or either of the said streets
or avenues, and from  doing any other act to hinder, delay, or
obstruct the construction or operation of said railroad as herein
authorized.  And it is hereby made the duty of the said mayor,
common council, and other officers to do such acts, within their
respective departments, as may be needful to promote the construction and protect the operation of said railroad as provided in this law.  Any act or thing done in violation hereof
shall be inoperative and void.  All actions relating to, affecting, or arising under, this act, or the authority herein given,
shall be commenced in the supreme court of the first judicial
district.
Nothing in this section contained shall be deemed or held to
impair the rights of any railroad now in operation in said city.
SEc. 5. All provisions of law, inconsistent with this act, are
hereby repealed.
SEC. 6. This act shall take effect immediately.
1860.-CHAPTER  DXIV.
AN ACT to authorize the construction of a Railroad in Fourteenth
street, and in other Streets and Avenues of the City of New York.Passed April 17, 1860, notwithstanding the objections of the
Governor.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Certain per-   SEC. 1. Stephen R. Roe, John Stewart, Charles W. Lawsons may
build rail- rence, John Kennedy, James S. Hunt, Charles C. Clarke, John
road.   Fox, William  Ravensteyn, William  H. Peck, John C. Thompson, Thomas Ryan, Joseph S. Craig and their assigns, are hereby authorized and empowered to lay, construct, operate, and
use a railroad with a double or single track,:as hereinafter provided, and to convey passengers thereon, for compensation,
through, upon,:and along the following streets or avenues,




RAILROADS.                            1153
route or routes, in the city of New York, viz.: Commencing at Pouto of
the intersection of Fourteenth street with the Eleventh avenue;
thence through and along Fourteenth street, with a double
track, to Hudson street; thence through and along Hudson
street, with a double track, to Troy street; thence through and
along Troy street, with a single track, to Fourth street; thence
through and along Fourth street, with a single track, to Macdougal street; thence through and along Macdougal street, with
a single track, to Bleecker street; thence through and along
Bleecker street, with a double track, to Crosby street; thence
through and along Crosby street, with a double track, to Howard street; thence through and along Howard street, with a
double track, to Elm street; thence through and along Elm
street, with a double track, to Leonard street; thence through
and along Elm  street, with a single track, to Reade street;
thence through and along Reade street, with a single track, to
Centre street; thence through and along Centre street, Chatham
street, and Park row, with a double track, to Broadway; also,
connecting with the double track in Centre street, at Reade
street, through and along Centre street with a single track, to
Leonard street; thence through and along Leonard street, with
a single track, to connect with the double track in Elm street;
also, connecting with the double track in Hudson street at Troy
street, through and along Hudson street, with a single track, to
the southerly end of Abingdon square and Bleecker street;
thence through and along Bleecker street, with a single track,
to Macdougal street, there to connect with the double track in
Bleecker street; also, connecting with the double track in Park
row, through and along Beekman street, with a single track, to
South street; thence through and along South street, with a
single track, to Fulton street; thence through and along Fulton street, with a single track, to William street; thence through
and along William street, with a single track, to Ann street;
thence through and along Ann street, with a single track, to
connect with the double track in Park row at Broadway; also,
connecting with the double track in Elm street, through and
along Canal street, with a double track, to Broadway; also,
with a double track, connecting with the double track in Fourteenth street, through and along the Eleventh and Twelfth
avenues to Thirty-second street; also, connecting with the
double track in Canal street at Elm street, through and along
Canal street, with a double track, to the Bowery; thence
through and along the'Bowery and New  Bowery, with a
double track, to Pearl street; thence through and along Pearl
street, with a double track, to Peck slip; thence through and
along Peck slip, with a double track, to South street; thence
through and along South street, with a double track, to the
Fulton ferry; thence through and along Fulton street, with a
double track, to Water street; thence through and along Water
street, with a double track, to connect with the said double
73




1154             ACTS RELATING TO THE CITY OF NEW YORK.
track in Peck slip; together with the necessary connections,
turnouts, and switches for the proper working and accommodation of the road on the said route or routes.
Road to be
built on    SEC. 2. Said railroad shall be constructed on the most apmost apn proved plan for the construction of city railroads, and shall be
and cars run run as often as the convenience of passengers may require, and
as often  as
public con- shall be subject to such reasonable rules and regulations in
venience
may require. respect thereto as the common council of the city of New York
may, from  time to time, by ordinance prescribe; and to the
payment to the city of the same license fee annually for each car
run thereon as is now paid by other city railroads in said city;
and the said persons and their assigns are hereby authorized
to charge the same rate of fare for the conveyance of passengers
on said railroad as is now charged by other city railroads in said
city.
May inter-   SEC. 3. In the construction, operation, or use of such railsect or run
upon other road, upon the route or routes above designated, should such
roads.
persons above named, or their assigns, deem  it necessary or
proper to run upon, intersect, or use any portion of other railroad tracks now laid upon any of the streets or avenues above
named, they are hereby authorized to run upon, intersect, and
use the same; and in case they cannot agree with the owner or
owners thereof, respecting the compensation or payment to be
made therefor, then the amount of such compensation or payment shall be ascertained and determined in the manner provided by subdivision six of the twenty-eighth section of the
act entitled " An act to authorize the formation of railroad
corporations, and to regulate the same," passed April 2, 1850.
And should  any real estate or interest therein be required
for the purpose of constructing said railroad on said route or
routes, as above specified and authorized, for which the said
persons above named, or their assigns, shall be unable to agree
with the owner or owners for the use or purchase thereof, they
may acquire the right to use, or title to, the same, in the manner
specified in the fourteenth, fifteenth, sixteenth, seventeenth,
eighteenth, nineteenth, twentieth, and twenty-first sections of
said act of April 2, 1850, except that, in any of the proceedings
for any of the purposes authorized by this section, it shall not
be necessary that the petition to the supreme court shall make
any allegations of, or reference to any incorporation, capital
stock, surveys, or maps, or of the filing of any certificate of
location. But, in all cases, the use, of said streets and avenues
for the purposes of said railroad, as herein authorized, shall be
considered a public use, consistent with the uses for which the
mayor, aldermen, and commonalty of said city hold said streets
and avenues.
Potrs, and  SC. 4. The mayor, common council, and the several officers
restrictions of the corporation of the said city of New York, and the said
of      corporation,  hereby prohibited  giving ay assent to, or
and common corporation, are hereby prohibited from giving any assent to or
council.                h




RAILROADS.                              1155
allowing any company, claiming to derive authority under the
act entitled " An act to authorize the formation of railroad corporations, and to regulate the same," passed April 2, 1850, or act
amendatory thereof, or in addition thereto, to construct any railroad in or upon any or either of the said streets or avenues, and
from doing any other act to hinder, delay, or obstruct the construction or operation of said railroad, as herein authorized.
And it is hereby made the duty of the said mayor, common
council, and other officers to do such acts, within their respective
departments, as may be needful to promote the construction
and protect the operation of said railroad, as provided in this law.
Any act or thing done in violation hereof shall be inoperative
and void. All actions relating to, affecting, or arising under, this
act, or the authority herein given, shall be commenced in the
supreme court of the first judicial district.  Nothing in this
section contained shall be deemed or held to impair the rights
of any railroad now in operation in said city.
SEc. 5. All provisions of law, inconsistent with this act, are
hereby repealed.
SEC. 6. This act shall take effect immediately.
1860.-CHAPTER DXV.
AN ACT to authorize the construction of a Railroad in Tenth
Avenue, Forty-second Street, and certain other Avenues and Streets
in the City of New York.-Passed April 17, 1860, notwithstanding the objections of the Governor.
The People of the State of New York, represented in Senate and
Assembly, do enact as bfllows:
SEC. 1. John T. Conover, Moses Ely, Truman Smith, Certain per.
Matthew T. Brennan, Rufus F. Andrews, Bloomfield Usher, oonStruct'Y
Justin D. White, John M. Miller, Elijah B. Holmes, Leonard railroa
W. Brainard, junior, Delos De Wolf, Thomas Black, and their
assigns, are hereby authorized and empowered to lay, construct,
operate, and use a railroad, with a double or single track, as
hereinafter provided, and to convey passengers thereon for compensation, through, upon, and along the fbllowing streets and
avenues in the city of New  York, viz.: Commencing at the Route.
ferry at the western extremity of Forty-second street; thence
through and along Forty-second street, with a double track, to
Tenth avenue; thence through and along Tenth avenue, with a
double track, to Thirty-fourth street; thence through and along
Thirty-fourth street, with a double track, to Broadway; thence
through and along Broadway, with a double track, to Twenty



1156           ACTS RELATING TO THE CITY OF NEW YORK.
third street; thence through and along Twenty-third street,
with a double track, to Fourth avenue; thence through and
along Fourth avenue and Union place, with a double track, to
Fourteenth street; thence through and along Fourteenth street,
with a double track, to avenue A; thence through and along
avenue A, with a double track, to Second street; thence
through and along avenue A, with a single track, to First street;
thence through and along First street and Hudson street, with
a single track, to Cannon street; thence through and along
Cannon street, with a single track, to Grand street; thence
through and along Grand street, with a single track, to Goerck
street;        thence through and along Grand street, with a double
track, to Grand street ferry at the foot of Grand street, East
river; thence, returning through and along Grand street, to
Goerck street; thence, through and along Goerck street, with a
single track, to Houston street; thence, through and along
Houston street and Second street, with a single track, to and to
connect with a double track in avenue A, and thence along the
aforesaid route to the place of beginning; together with the
necessary connections, turnouts, and switches, for the proper
working and accommodation of the road on the said route.
Road to be    SEC. 2. Said railroad shall be constructed on the most approved
bUot p- plan for the construction of city railroads, and shall be run as
proved tpla often as the convenience of passengers may require, and shall
and cars to
run as often b subject to such reasonable rules and regulations in respect
als    publio
convenience thereto as the common council of the city of New York may,
m  require. from time to time, by ordinance, prescribe; and to the payment
to the city of the same license fee annually for each car run
thereon as is now paid by other city railroads in said city; and
the said persons, and their assigns, are hereby authorized to
charge the same rate of fare for the conveyance of passengers on
said railroad as is now charged by other city railroads in said
city.
May inter-   SEC. 3. In the construction, operation, or use of such railroad,
sect or runs
upon other upon the route or routes above designated, should such persons
above named, or their assigns, deem it necessary or proper to
run upon, intersect, or use, any portion of other railroad tracks
now laid upon any of the streets or avenues above named, they
are hereby authorized to run upon, intersect, and use the same;
and in case they cannot agree with the owner or owners thereof
respecting the compensation or payment to be made therefor,
then the amount of such compensation or payment shall be
ascertained and determined in the manner provided by subdivision six of the twenty-eighth section of the act, entitled " An act
to authorize the formation of railroad corporations, and to
regulate the same," passed April 2, 1850. And should any
real estate or interest therein be required for the purpose
of constructing the said railroad, on the said route or routes,




RAILROADS.                               1157
as above specified and authorized, for which the said persons
above named, or their assigns, shall be unable to agree with
the owner or owners for the use or purchase thereof, they
may acquire the right to use, or title to, the same, in the manner
specified in the fourteenth, fifteenth, sixteenth, seventeenth,
eighteenth, nineteenth, twentieth, and twenty-first sections of
the said act of April 2, 1850, except that, in any of the proceedings for any of the purposes authorized  by this section,
it shall not be necessary that the petition to the supreme court
shall make any allegations of, or reference to, any incorporation, capital stock, surveys, or maps, or of the filing of any
certificate of location.  But, in  all cases, the use  of said
streets and avenues for the purposes of the said railroad, as
herein authorized, shall be considered a public use, consistent
with the uses for which the mayor, aldermen, and commonalty
of said city hold said streets and avenues.
SEC. 4. The mayor, common council, and the several officers Powers, dIof the corporation of the said city of New York, and the said strictions of
corporation, are hereby prohibited from giving any assent to or coYn nd
allowing any company, claiming to derive authority under the council
act entitled "' An act to authorize the formation of railroad corporations, and to regulate the same," passed April 2, 1850,
or act amendatory thereof, or in addition thereto, to construct
any railroad in or upon any or either of the said streets or
avenues, and from  doing any other act to hinder, delay, or
obstruct, the construction or operation of said railroad as herein
authorized.  And it is hereby made the duty of the said
mayor, common council, and other officers, to do such acts,
within their respective departments, as may be needful to promote the construction and protect the operation of said railroad
as provided in this law.  Any act or thing done in violation
hereof shall be inoperative and void.  All actions relating to,
affecting, or arising under, this act, or the authority herein given,
shall be commenced in the supreme court of the first judicial
district.  Nothing in this section contained shall be deemed or
held to impair the rights of any railroad now in operation in
said city.
SEC. 5. All provisions of law, inconsistent with this act, are
hereby repealed.
SEC. 6. This act shall take effect immediately.




REAL ESTATE.
REVISED STATUTES, PART II, CHAPTER I, TITLE IV.
Duration of
certain    SEC. 1. Agreements for the occupation of lands or tenements
agreements in the city of New York, which shall not particularly specify
the duration of such occupation, shall be deemed valid until the
first day of May next, after the possession under such agreement
shall commence, and the rent under such agreement shall be
payable at the usual quarter days for the payment of rent in
the said city, unless otherwise expressed in the agreement.
1820.-CHAPTER CXV.
AN ACT relative to the Common Lands of the _Freeholders and
Inhabitants of Harlcm.-Passed March 28, 1820.
Preamble.  l Whereas, the freeholders and inhabitants of Harleem, in the
Ninth ward of the city of New York, are entitled, under certain
patents granted to them in the year 1666, to certain common
lands, situate in the said Ninth ward of the city of New York:
And whereas, By an act of Assembly of the then colony of New
York, passed the 24th day of March, 1772, the division. line between the common lands of the then city of New York and
the then town of Harlem was settled by commissioners named
in the said act: And whereas, the said common lands being at
present waste and unproductive, and liable to be sold under
assessments of the corporation of the city of New York, for
opening the avenues to the said city, it has been deemed expedient by the said freeholders and inhabitants, and for their
interest, that the same should be sold, and they have in and
by their petition prayed for power to sell the same: Therefore,
J. Dyckman   I. Be it enacted by the People of the State of New York, repreappointed  sented in, Senate and Assembly, That Jacobus Dyckman, Peter
trustede Meyer, Samuel Watkins, James Bogert, junior, and Robert R.
clared    Hunter be, and they are hereby, declared to be trustees for the
said freeholders and inhabitants, and seized in fee-simple of the
said common lands; in trust, however, for the said freeholders
and inhabitants, and invested with power to take possession of
the said common lands, for the use of the said freeholders and
inhabitants, to institute in their own names any suits,'either in
law or equity, for the recovery of damages for any trespasses
committed, or that may be committed, on the said lands, and




REAL ESTATE.                               1159
for the obtaining possession of the said lands, or any part thereof, of which the said freeholders and inhabitants may have been
unlawfully dispossessed, and to sell the said common lands, or
any part thereof, either at public or private sale, for the best
price or prices they can obtain for the same; and to execute in
their own names conveyances for the same, and which shall be
valid in the law, to convey to the purchaser or purchasers
thereof the fee-simple of the land so sold, and all the right, title,
and interest of the said freeholders and inhabitants, of, in, and
to the same; and the powers aforesaid, granted to the said
trustees, are also hereby granted to the survivors of them:
Provided, That nothing herein contained shall be construed to Proviso.
impair, affect, or destroy the legal rights of any person now in
possession of any part of such common lands, but that the same
shall be and remain as before the passage of this act.
II. And be itfurther enacted, That the said trustees shall keep Trustees to
a regular book of account of all moneys which shall come to tc.iks
their hands, and of their disbursements, in relation to their said
trust, and also a book of minutes, in which shall be regularly
entered their proceedings from time to time, the particulars of
the sales of the said common lands, the names of purchasers,
and the consideration  moneys respectively paid or payable
thereupon, and to which, at reasonable times, the said freeholders and inhabitants shall have access; and the said trustees
may deduct, from the amount of moneys they shall thus receive,
the amount of all their disbursements and expenses incurred in
the execution of their said trust, together with five per cent.
commissions on the net amount of the moneys they shall receive,
as a compensation for their services.
III. And be it further enacted, That the said trustees are here- To pay cer
by authorized, out of the moneys they shall receive, as aforesaid, tainmoneys.
to pay such assessments, impositions, and charges as are justly
chargeable on the said lands, and to reimburse the. said freeholders and inhabitants such sum or sums of money as they, or
any of them, have had to pay for the protection of the rights of
common of the said freeholders and inhabitants; and, from and
after such deductions and payments, as aforesaid, the said trustees
are hereby authorized to distribute and pay out of the residue
of the said moneys as follows: the sum of three thousand dol- s3,oo to
lars thereof to the trustees of the Harlaem  library, for the benefit library.
of the said library; the sum  of three thousand five hundred a5,,00to
dollars thereof to the trustees of the Hamilton school, for the school.
benefit of that school; the sum of four thousand dollars thereof 4te0
to the trustees of such school as may be established in the Shool.
village of Harlaem; and the sum of two thousand five hundred $4,500 toa
03                                                           third and
dollars thereof to the trustees of such school as may be estab- fourthschool
lished in the village of Manhattanville; the sum of two thousand
dollars thereof to the trustees of such school as may be estab



1160              ACTS RELATING TO THE CITY OF NEW YORK.
lished on the said common lands the same to be applied by the
respective trustees to the benefit of said last-mentioned schools;
and, until the said schools are established, the said trustees
Funds to be appointed in and by this act shall place the said fund out at
terest.   interest, on good landed security, in the city of New York, to
Surplus ap- accumulate for the benefit of the said schools, and the surplus
Pr~tain asso moneys that may be in the hands of the said trustees, after
certain asso-  eys    m bit             a
ciations.  payment of the said appropriations, shall be distributed by them
among the several religious congregations of the said freeholders
and inhabitants, in proportion to the number of church members in each, their respective proportions to be paid to their
respective trustees, to be by them placed out at interest on real
security as aforesaid, and the yearly interest to be applied to
the benefit of their respective religious establishments.
Fud, if not  IV. And be itfurther enacted, That if the moneys received by
how distrib- the said trustees shall not be sufficient to pay the several appropriations hereinbefore made, then the said trustees shall first
pay such assessments, impositions, and charges as are justly
chargeable on the said lands, and shall also reimburse the said
freeholders and inhabitants such sum or sums of money as they
or any of them have had to pay for the protection of the rights
of common of the said freeholders and inhabitants, and the rest,
residue, and remainder shall be applied to the several purposes
in the last section of this act mentioned, in proportion to the
several sums therein set forth.
1823.-CHAPTER LXXXVII.
AN ACT in addition to an act, relative to the Common Lands of
the Freeholders and Inhabitants of Harlacm, passed March 28,
1820.-Passed March 26, 1823.
Power of the I. Be it enacted by the People of the State of New York, reprechancellor.
sented in Senate and Assembly, That in case any of the trustees
named in said act shall decline serving, or be rendered incapable
of acting, by absence or otherwise, it shall and may be lawful
for the chancellor of thig state, upon proof thereof, and upon
thoapplication and request of the other trustees, or a majority
of them, to appoint another person or persons, in the place and
stead of him  or them, so declining or rendered incapable of
acting.
Power of    II. And be itfurther enacted, That all the powers and authority delegated to the said trustees, appointed or to be appointed,
and to the survivors of them, shall and may be executed and
discharged, to every intent and purpose whatsoever, by a majority of them.




REAL ESTATE.                              1161
1847.-CHAPTER  CCCXCI.
AN ACT authorizing Courts of Equity to order the Sale of Rights
of Pre-emption to Real Estate or Chattels Real in certain Gases.Passed November 22, 1847
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEc. 1. In all cases where several persons are the owners, or Absolhuteslle
claim to be the owners, of any real estate or chattels real, lying ace, when
within the bounds of the city and county of New York, having by supreme
different estates or estates in common therein, in possession, re- cort
mainder, or reversion, and which said persons shall, by virtue
of such ownership, or claim to such ownership, be entitled, or
claim to be entitled, by law to a pre-emptive right to have, take,
or demand, the grant or lease of any other land or easement in
land from the mayor, aldermen, and commonalty of the city of
New York, the supreme court of this state shall have power,
and such court is hereby vested with full power and authority, on the application of either of said owners, or of the said
mayor, aldermen, and commonalty of the city of New York, to
decree an absolute sale and conveyance of such right of preemption, and to make such disposition of the net moneys arising fiom such sale, after the payment of the costs and expenses
of the proceedings, as shall be just and proper according to the
rights and interests of the said several owners.  [As amended
ch. 32, Laws 1848.]
SEC. 2. Such sale shall be made and conducted on like notice, se mahat
by the like officer, and in the same manner and form as sales ofconducted.
real estate on the foreclosure of a mortgage by virtue of a decree
or order of said court, and a deed of conveyance for the said
right of pre-emption shall in like manner be executed and delivered to the purchaser: which deed shall vest in the purchaser
absolutely all the claim, right, title, and interest of the owner of
the said right of pre-emption, and every of them, of, in, or to
the said right of pre-emption thus sold and conveyed: Provided, Proviso.
always in every case, the applicant shall give six weeks' previous
notice of such intended application, if the owners entitled by
law to such pre-emption right are residents; and six months'
previous notice of such intended application, if the owners are
non-residents of the state, by publication in two daily newspapers
printed in the city of New York, prior to such application to the
court for an order of sale; and provided, also, that the court
shall be satisfied that such order of sale shall not interfere with
or impair the obligation contained in any lease or contract made
by the said mayor, aldermen, and commonalty, to or with any
person or persons whatsoever.
SEC. 3. In all cases where any owner shall be an infant, a Provision in
B~~~~~~~~~~~~guar"~dian shall be appoisted for such infantof inguardian shall be appointed for such infant in such manner, who fauts.




1162             ACTS RELATING TO THE CITY OF NEW YORK.
shall give the like security, and possess the like powers, and
discharge the like duties, as in cases for the partition of lands.
Notie, howe  SEC.4. Whenever any owner shall reside in the city of New
on owners. York, notice of such intended application shall be served personally on such owner, or by leaving the same at his dwelling-house
with some person of suitable age and discretion, at least twenty
days before such application is made; and in all cases where
such owner shall reside out of the said city, and within any of
the United States, and such place of residence be known to the
applicant, such notice shall be served by mail, addressed to such
owner at his place of residence, at least three months before
such application is made. Proof of such service by affidavit
shall be made to the court before any order of sale shall be
made.
Partie may  SEC. 5. Any of the parties to said suit may become the purchaser on said sale.
SEC. 6. This act shall take effect immediately.
1848.-CHAPTER XXXII.
AN ACT to amend an Act entitled " An Act authorizing Courts of
Eqitity to order the sale of Rights of Pre-emption to Real Estate,
or Chattels Real, in certain Cases," passed November 22, 1847.Passed February 10, 1848.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. [Incorporated in act amended.]
Notice, how   SEC. 2. The second section of said act is nereby amended so
long to be
published. as to require the six months' notice therein provided for, in case
of non-residents, to be published for three months successively,
twice in each week, in two of the daily papers published in the
city of New York; still requiring, however, that six months
shall expire after the first publication of the said notice, before
the application to the court in said act referred to.
SEC. 3. This act shall take effect immediately.




REAL ESTATE.                            1163
1836.-CHAPTER CCXLIV.
A4N ACT to providefor settling the Boundaries of certain Pieces of
Land, called the Common Land Lots, in the City of New York.Passed May 4, 1836.
The People of the State of New York, represented in Senate and
Assembly, do enact asfollows:
SEC. 1. The governor shall nominate, and with the consent Comission
of the senate shall appoint, three persons to act as commission- pointed
ers, to determine, upon principles ofjustice and equity, all matters in difference between the mayor, aldermen, and commonalty
of the city of New York, and all parties respectively who may
be the owners of portions of the common lands formerly belonging to the said mayor, aldermen, and commonalty, and sold by
them previous to the 1st day of April, in the year 1811, and
who may consent and agree to abide by such determination
relative to adjusting the boundary lines of any such piece or
pieces of land, so as to make the said lines conform with the
streets and avenues and public places of the said city, as established by law.
SEC. 2. The said commissioners shall have power, for the pur- Theirpowers
pose aforesaid, in all cases which may be submitted to them, to a   t.
decide whether any and what pieces or gores of land shall be
conveyed from the mayor, aldermen, and commonalty of the
city of New York, to any of the said parties, or by any of the
said parties to the said mayor, aldermen, and commonalty; and
whether and what exchanges of land shall be made by and between the said mayor, aldermen, and commonalty and any of
the said parties, and upon what terms such conveyances or exchanges shall be made; and whether any and what sums of
money shall be paid by the said mayor, aldermen, and commonalty to any of the said parties, or by any of the said parties to
the said mayor, aldermen, and commonalty; and the award or
determination of the said commissioners, or of a majority of
them, made in writing and under their hands and seals, shall be
final and conclusive as to the said parties and their heirs or
successors forever.
SEC. 3. It shall be the duty of the mayor, aldermen, and com- Deeds,maps,
monalty of the city of New York to furnish to the said commis-furnished to
sioners all such deeds, conveyances, maps, surveys, papers, and them.
records, in their possession, as may be necessary to enable the
said commissioners to perform the duties prescribed for them
by this act, and to cause all such additional maps or surveys to
be made as the said commissioners may require for that purpose; and each of the said commissioners shall be entitled to
receive the sum of four dollars for each day he shall be engaged
in the said duties, one-half thereof to be paid by the said mayor,




1164             ACTS RELATING TO THE CITY'OF NEW  YORK.
aldermen, and commonalty of the city of New York, and the
other half by the party or parties respectively who may agree
to abide by the award and determination of the said commissioners in the premises.
1860.-CHAPTER DVI.
AN  ACT to authorize the Corporation of the City of New York
to sell certain lands to the United States, and ceding jurisdiction
thereof.-Passed April 17, 1860, " three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
ayor,      SEC. 1. The consent of the state of New York is hereby given
aldermen,
etc.,of ew to the mayor, aldermen, and commonalty of the city of New
lcertak,    York, to grant, bargain, sell, and convey to the United States so,lands  toinuch and such parts of the grounds situate within said city and
United States
known as the City Hall park, together with any buildings thereon, as the said mayor, aldermen, and commonalty may deem
proper to sell and convey; and the United Sates may have,
hold, use, occupy, and own such grounds and buildings as they
may thus acquire, and may exercise jurisdiction and control over
the same, subject to the restrictions and conditions in this act
contained.
Jurisdiction   SEC. 2. The jurisdiction of the state of New York, in and
ceded  to
UnitedStates over such of said grounds as may be sold and conveyed as above
provided, shall be, and the same is hereby, from and after the
time of such sale and conveyance, ceded to the United States.
Conditions.   SEC. 3. The said consent is given and the said jurisdiction is
ceded upon the express condition that the state of New York
shall retain a concurrent jurisdiction with the United States in
and over the said grounds, so far as that all civil or criminal
process which may issue under the laws or authority of said
state may be executed therein in the same manner as if such
consent had not been given, or jurisdiction ceded, except so far
as such process may affect the real or personal property of the
United States; and upon the further condition, that the said
mayor, aldermen, and commonalty shall, before such sale and
conveyance, procure the consent, in writing, of the governor,
secretary of state, and attorney-general, approving of such sale
and of the terms and conditions thereof.
Lands AL-    SEC. 4. In case of a sale and conveyance of any of said grounds
veyed  to as in this act provided, the lands so sold and conveyed, and the
to be free buildings and property therein, shall be from the time of such
from taxation.    sale exonerated and discharged from  all taxes and assessments
which may be levied or imposed under the authority of this




REAL ESTATE.                             1165.
state while the said land shall remain the property of the United
States, but not otherwise.
SEC. 5. This act shall take effect immediately.
1860.-CHAPTER DXVI.
AN ACT to authorize the Sale of certain Lands belonging to the
State, and to empower the Corporation of the City of ANew York to
purchase the same.-Passed April 17, 1860, notwithstanding
the objections of the Governor.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The state engineer and surveyor is hereby authorized State engieer to make
and directed, as soon as practicable after the passage of this act, survey.
to cause an actual survey to be made of all the space of ground
and soil of the Hudson and East rivers, which has already been,
in whole or in part, reclaimed and filled in, either by natural
accretion or otherwise, and which lies outside of and adjoining
the grants made to the corporation of the city of New York,
under the Montgomery charter, granted to said city on the
15th day of January, 1730, or by any other charter or grant
to the said city from the state, and to make a return of such
survey to the commissioners of the land office. The expenses Expenses,
of such survey shall be paid in the manner now  provided by
law  in regard to surveys made under the direction of said
commissioners.
SEC. 2. The commissioners of the land office, upon such sur- Interest o
stateto lands
vey being made, are hereby authorized and empowered to grant, may be econvey, and release, to the mayor, aldermen, and commonalty
of the city of New York, all the interest of the state in and to
the lands so surveyed, or any part thereof, and in and to any
claim  or right of action in favor of the people of the state,
against the corporation of said city, for the use and occupation
thereof, upon such terms as the said commissioners shall deem
equitable in view of the expenses incurred by the corporation of
said city, its grantees or lessees, in reclaiming said lands and
improving the same.
SEC. 3. If the said mayor, aldermen, and commonalty shall If grat is
determine to accept the grant, conveyance, andrelease, specified amountof
purchasein the preceding second section, upon the terms which shall be money to
fixed by the commissioners of the land office, it shall be the loa. 
duty of the comptroller of said city, and he is hereby authorized and directed, to raise the amount of the purchase money to
be paid for such grant, conveyance, and release, by a loan>, upon




1166             ACTS RELATING TO THE CITY OF NEW YORK.
the credit of the corporation of said city, to be secured by bonds
of said corporation, to be known and distinguished as "real
estate bonds of the corporation of the city of New York," which
bonds shall bear interest at a rate not exceeding six per cent. per
annum, payable from the sinking fund for the payment of interest on the debts of the corporation of said city, on the usual
quarter days, for the payment of interest on the stocks or other
funded debts of said corporation; and the principal thereof shall
be redeemable from the sinking fund for the redemption of the
debt of said corporation, at such period as the said comptroller
may deem advisable, not exceeding thirty years from  the time
they are issued; provided, however, that the said bonds shall
not be disposed of by the comptroller for less than their par
value.
Ponds.    SEC. 4. The bonds specified in the last preceding section shall
be signed by the said comptroller and countersigned by the mayor,
and sealed with the common seal of the said corporation; and
upon the acceptance of the said grant, release, and conveyance,
as in the said section provided, the faith of he said the mayor,
aldermen, and commonalty of the city of New  York shall be
deemed and taken to be irrevocably pledged for the payment of
the principal thereof, with the interest thereon, as the same shall
respectively become due and payable.
Lyand ere-  SEC. 5. All the lands which shall be acquired by the said the
to bepledged mayor, aldermen, and commonalty of the city of New York, by
fund for re- virtue ofthis act, shall, from the time they are so acquired, be
demption of
debtof city. deemed to be pledged to the sinking fund for the redemption of
the debt of said city; and it shall be the duty of the comptroller
of said city to assume and take the same care of the said lands,
and to prevent encroachments thereon, as he is by law required
to do in respect to the other lands and real estate belonging to
the corporation of said city; and any and all income arising
from the rents or otherwise of the said lands, and which may be
received by the said corporation after they have so acquired
said lands, are hereby pledged to the sinking fund for the payment of the interest on the debt of said city, and shall be paid
to the commissioners of the sinking fund of said city, and by
them be applied in the same manner as the other revenue
pledged to the sinking fund.
Grants not
affected or  SEC. 6. The grant, conveyance, and release authorized by the
irason orf second section of this act shall not in any manner affect or
this act.  impair the rights of any person or persons, now or heretofore
holding a lease or leases of any of said lands from  the commissioners of the land office; or affect or impair any claim or right
of action which such person or persons may have against the
mayor, aldermen, and commonalty of said city, for the use and
occupation of said lands by. the corporation of said city, its
lessees and grantees.




REAL ESTATE.                              1167
SEC. 7. It shall be the duty of the comptroller of the city of ComPtroler
New  York, and he is hereby authorized and directed, to pur-purhase and
compromise
chase and acquire, in the name and for the benefit of the cor- withowners
poration of said city, any title, claim, or interest which any per- fl.
son or persons may have as grantee or grantees, lessee or
lessees of the state, in or to any of the lands surveyed as in
this act provided; and also to compromise, settle, and pay off,
upon such terms as he shall deem most advantageous to the
corporation of said city, any and all claims, rights of action, and
demands of every description, which any person or persons, or
his or their heirs, executors, administrators, or assigns, now
have, or may or can have, against the mayor, aldermen, and
commonalty of said city, arising from  or growing out of the
use or occupation of said lands or any part thereof, by the corporation of said city, its grantees or lessees.  And the said Comptroller
comptroller is hereby authorized and directed to raise the moey on
credit of'
money which may be required to make such purchase, conm-city, for
promise, settlement, and payment, by a loan, upon the credit ofcrrying
the corporation of said city, to be secured and paid in the  tprofmanner provided in the third and fourth sections of this act for thisact.
securing and paying the loan therein authorized; and all the
provisions of said third and fourth sections in relation to the
loan therein mentioned, and the issue of bonds, and the payment of the principal and interest thereon, shall apply to the
bonds hereby authorized to be issued to secure the loan authorized by this section.
SEC. S. Nothing in this act contained shall be construed or Title of state
Nothing              to certain
deemed in any manner to affect or impair the title of the state lands not
to any lands which may hereafter be formed or made around
said city by alluvial deposits, or filling in beyond the limits of
the city, as fixed by the said Montgomery charter, or to authorize the sale thereof otherwise than in pursuance of existing
laws; but all such lands shall be deemed the property of the
people of this state, and subject alone to their control and disposal.
SEC. 9. The provisions of article four, title five, chapter nine,
part first, of the Revised Statutes, shall not apply to any sale,
conveyance, or purchase authorized by this act; and all acts
and parts of acts, inconsistent with the provisions of this act, are
hereby repealed.
SEC. 10. This act shall take effect immediately.




RELIGIOUS SOCIETIES.
1842.-CHAPTER CLIII.
AN ACT concerning the Acquisition of Burial Places by Religious
Corporations in the City of New York.-Passed April 11, 1842,
by a two-third vote.
The People of the State of New York, represented in Senate ana
Assembly, do enact as follows:
societuie  SEC. 1. Any incorporated religious society within the city of
land for   New York, which, having exhibited the account and inventory
cemeteries required by the tenth section of the act, entitled " An act to
provide for the incorporation of religious societies," has not
since purchased or acquired lands or tenements within this
state, may hereafter purchase, acquire, and hold land in the city
and county of New York, or in any neighboring county of this
state, or any estate or interest in such land, for the purpose of a
burial place or cemetery, and may erect thereon a suitable edifice in which to perform the religious services usual on the
burial of the dead, and also necessary buildings for the residence
and accommodation of grave-diggers and keepers of the grounds;
and whilst and so long as such land shall not be appropriated
and applied to any other purpose, such corporation shall not,
by reason of the purchase or acquisition thereof, become bound
or liable again to exhibit an account or inventory of its estates,
unless it shall subsequently purchase or acquire other lands or
tenements within this state.
Restriction. SEC. 2. If any land, so to be purchased or acquired by any
such religious corporation, shall be subsequently appropriated
or applied to any use or purpose other than as is hereby authorized, every such corporation which shall so otherwise appropriate or apply the same, or suffer it to be so otherwise appropriated or applied, shall thenceforth be subject to the provisions
of the tenth section of the above-mentioned act, in the same
manner as if this act had not been passed.
SEC. 3. This act shall take effect immediately.




RELIGIOUS SOCIETIES.                         1169
1850.-CHAPTER  CXXII.
ANACT to amend the Act, entitled "An Act toprovidefor the Incorporation of Religious Societies," passed Ap)ril 5, 1813, and the
several acts acmendatory thereof.-Passed March 30, 1850.
The People of the State of New  York, represented in Senate and
Assembly, do enact asJollows:
[Sections 1 and 2 inapplicable to city of New York.]
SEC. 3. The authority given by the "Act concerning the
acquisition  of burial places  by  religious  corporations in
the city of New  York," passed April 11, 1842, to purchase,
acquire, and hold land for the purpose of a burial ground or
cemetery, and to erect thereon suitable buildings for purposes
connected with the burial of the dead, is hereby extended to
religious corporations in every part of the state; and such purchases heretofore made or hereafter made in the city of New
York or elsewhere, and the erection of buildings thereon, as
authorized by the said act, are hereby confirmed and declared
valid, notwithstanding any restriction contained or supposed to
be contained in the " Act to provide for the incorporation of
religious societies," passed  April 5, 1813, or in any special
charter of any such corporation.
SEC. 4. This act shall take effect immediately.
74




STAGE ROUTES.
1854.-CHAPTER CXLII.
AN ACT to regulate Stage Routes in the City of New York, and
to provide obr the Formation of Companies to operate the same.Passed April 4, 1854.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Companies,   SEC. 1. Any number of persons, not less than fifteen, may
ho formed form a company for the purpose of establishing, maintaining, and
operating, under the authority and in the manner hereinafter
provided, any stage or omnibus route or routes, for public use,
in the conveyance of persons and property in the city of New
York, or for the purpose of maintaining and operating any stage
route or routes in said city already established for the like public
use; and for that purpose may make and sign articles of association, in which shall be stated the name of the company, the
number of years the same is to continue, the route or routes
upon which the same is intended to run, as near as practicable, the amount of the capital stock of the company, which
shall not be less than one thousand dollars per mile of route or
routes established, or to be established, and the number of
shares of which said capital stock shall consist, and the names
and places of residence of not less than nine and not more than
fifteen directors of the company, who shall manage its affairs for
the first year and until others are chosen in their places. Each
subscriber to such articles of association shall subscribe thereto
his name, place of residence, and the number of shares of stock
he agrees to take in said conpany.  On compliance with the
provisions of the next section, such articles of association may
be filed in the office of the county clerk of the city and county
of New York, and said clerk shall indorse thereon the day they
were filed, and record the same in a book to be provided by him
for that purpose; and thereupon, the persons who have so subcribed such articles of association, and all persons who shall
become stockholders in such company, shall be a corporation by
the name specified in such articles of association, and shall possess the powers and privileges granted to corporations, and be
subject to the provisions contained in title three of chapter
eighteen of the first part of the Revised Statutes, except the
provisions contained in the seventh section of the said title.
Ten percent. SEC. 2. Such articles of association shall not be filed and reto be paid in.




STAGE ROUTES.                             1171
corded in the office of the said county clerk, until at least ten
per cent. of the amount of capital subscribed shall have been
paid in good faith to the directors named in said articles of association, nor until there is indorsed thereon, or annexed thereto,
an affidavit of at least three of the directors named in said
articles, stating the amount of stock subscribed in good faith,
and of the fact of such payment being made, as is required by
this section, and that it is intended, in good faith, to maintain
and operate the stage route or routes mentioned in such articles of association, which affidavit shall be recorded with the
articles of association, as aforesaid.
SEC. 3. A copy of any articles of association, filed and re-Proof of incorded in pursuance of this act, or of the record thereof, with
a copy of the affidavit aforesaid indorsed thereon or annexed
thereto, and certified to be a copy by the county clerk or his
deputy, shall be presumptive evidence of the incorporation of
such company and of the facts therein stated.
SEC. 4. When such articles of association and affidavit are Subscription
filed and recorded in the office of the county clerk, the directors
named in said articles of association may, in case the whole of
the capital stock is not before subscribed, open books of subscription to fill up the capital stock of the company in such
places, and after giving such notice as they may deem expedient,
and may continue to receive subscriptions until the whole capital stock is subscribed. At the time of subscribing, every subscriber shall pay to the directors ten per cent. on the amount
subscribed by him, and no subscription shall be received or
taken without such payment.
SEC. 5. There shall be a board of not less than nine nor more Directors.
than fifteen directors of every corporation, formed under this
act, to manage its affairs.  Said directors shall be chosen annually by a majority of the votes of the stockholders voting at
such election, in such manner as may be prescribed in the bylaws of the corporation, and they may and shall continue to be
directors until others are elected in their places. In the election
of directors, each stockholder shall be entitled to one vote for
each share of stock held by him.  Vacancies in the board of
directors shall be filled in such manner as shall be prescribed
by the by-laws of the corporation. Every corporation formed
under this act shall be subject to the regulations concerning the
election of directors of moneyed corporations, contained in article second of the second title of the eighteenth chapter of
the first part of the Revised Statutes. The inspectors of the
first election of directors shall be appointed by the board of
directors named in the articles of association. No person shall
be a director unless he shall be a stockholder, owning stock absolutely in his own right, and qualified to vote for directors at
the election at which he shall be chosen. At every election of




1172             ACTS RELATING TO THE CITY OF TNEW YORK
directors, the books and papers of such company shall be exhibited to the meeting, provided a majority of the stockholders
present shall require it.
Oficers.   SEC. 6. The directors shall appoin-t one of their number
president; they may also appoint a treasurer and secretary;
and such other officers and agents as shall be prescribed by the
by-laws.
capitastock,  SEC. 7. The directors may require the subscribers to the
how to be
paid i.   capital stock of the company to pay the amounts by them
respectively subscribed, in such manner and in such installments
as they may deem proper.  If any stockholder shall neglect to
pay any installment, as required by a resolution of the board of
directors, the said board shall be authorized to declare his stock
and all previous payments thereon forfeited for the use of the
company, but they shall not declare it so forfeited until they
shall have caused a notice in writing to be served on him  personally, or by depositing the same in the post-office, properly
directed to him at the post-office nearest his usual place of residence, stating that he is required to make such payment at the
time and place specified in said notice, and that, if he fails to
make the same, his stock and all previous payments thereon
will be forfeited for the use of the company, which notice
shall be served, as aforesaid, not less than twenty days previous to the day on which such payment is required to be
made.
Stockto be    SEC. 8. The stock of every company formed under this act
deemed personalprop- shall be deemed personal estate, and shall be transferable in the
ety.  manner prescribed by the by-laws of the company, but no
shares shall be transferred until all previous calls thereon shall
have been fully paid in; and it shall not be lawful for such
company to use any of its funds in the purchase of any stock
in its own or in any other corporation.
ncrease of   SEC. 9. In case the capital stock of any company formed
under this act is found to be insufficient for its business, such
company may, with the concurrence of two-thirds in amount
of all its stockholders, increase the capital stock, from  time to
time, to any amount required for the purposes aforesaid; such
increase must be sanctioned by a vote, in person or by proxy, of
two-thirds in amount of all the stockholders of the company,
at a meeting of such stockholders called by the directors of the
company for that purpose, by a notice in writing to each stockholder, to be served on him  personally, or by depQsiting the
same, properly folded and directed to him, at the post-office nearest his usual place of residence, at least twenty days prior to
such meeting; such notice must state the time and place of the
meeting and its object, and the amount to which it is proposed
to increase the capital stock; the proceedings of such meeting




STAGE ROUTES.                               1173
must be entered on the minutes of the proceedings of the
company, and thereupon the capital stock  of the company
may be increased to the amount sanctioned by a vote of twothirds in amount of all the stockholders of the company as
aforesaid.
SEC. 10. All the stockholders of any company formed under Lability
of stockthis act shall be jointly and severally individually liable to the holders.
creditors of such company, for all the debts and liabilities of
such company, but shall not be liable to an action therefor
before an execution shall be returned unsatisfied, in whole or in
part, against the corporation, and then the amount due on such
execution shall be the amount recoverable with costs against
such stockholders.
SEC. 11. No person holding stock in any such company, as Liability of
executor, administrator, guardian, or trustee, and no person holding such stock as collateral security, shall be personally subject
to any liability as stockholders of such company, but the person
pledging such stock shall be considered as holding the same,
and shall be liable as a stockholder accordingly; and the estates
and funds in the hands of such executor, admlinistrator, guardian,
or trustee, shall be liable in like manner and to the same extent
as the testator, or intestate, or the ward, or person interested
in such trust fund would have been, if he had been living
and competent to act, and held the same stock in his own name.
SEC. 12. The directors of every company formed under this chutge of
act may, by a vote of two-thirds of their whole number, at any
time alter or extend the route or routes designated in the articles
of association, upon obtaining the consent of the common council of said city thereto.
SEC. 13. Every corporation formed under this act shall, in G^nera
addition to the powers conferred on corporations in the third
title of the eighteenth chapter of the first part of the Revised
Statutes, have power:
1. To purchase, hold, and use all such real estate and other
property as may be necessary for the establishment and maintenance of its business, and the buildings and other accommodations necessary to accomplish the object of its incorporation, and
for the mechanical operations required in connection with said
business.
2. To take and convey persons and property in stages or omnibuses, and to provide and run the necessary stages or omnibuses
upon their route or routes in said city, for the public use, and
to receive compensation therefor, upon acquiring authority to
operate such route or routes as herein provided.
3. To erect and maintain all necessary and convenient buildings, fixtures and machinery, for the accommodation and use of
their passengers and business.




1174            ACTS RELATING TO THE CITY OF NEW YORK.
4. From time to time to borrow such sums of money as may
be necessary for starting and equipping their lines and operating
the same, and to issue and dispose of their bonds for any amount
so borrowed, and to mortgage their corporate property and
franchises, to secure the payment of any debts contracted by the
company for the purposes aforesaid; and the directors of the
company may confer on any holder of any bond, issued for money
borrowed, as aforesaid, the right to convert the principal due
or owing thereon into stock of said company, under such regulations as shall be prescribed by the articles of association or
by-laws.
omnibuses   SEC. 14. Before any route for the running of omnibuses or
and stages. stages shall be established or allowed to be operated in said
city, except as provided in section sixteen, the application therefor shall be made in writing to the mayor of said city, specifying
the route proposed to be established, and the number of stages
or omnibuses proposed to be run thereon; and unless the said
mayor shall communicate such application to the common council of said city, with his approval thereof, and a majority of the
members elected to each board of the common council shall,
after receiving such communication and approval, vote in favor
thereof, no such, route shall be established or operated; and,
upon such favorable action, such route may be established and
operated accordingly, and the ownership thereof may be transferred.
Consenat  SEC. 15. No consent or authority given by the common counhow ter-  cil of said city, pursuant to the provisions of the last section,
shall be terminated or altered unless by the concurrence of the
votes of two-thirds of all the members elected to each board of
the common council, nor unless the mayor shall approve and
certify his approval thereto, except as provided in section
twelve; and when such authority or consent shall be terminated
or altered, without the consent of the proprietors of the route,
they shall be entitled to receive compensation from the corporation of said city for the damages sustained by them thereby,
provided that such action is not in consequence of the violation,
on the part of the proprietors of such route, of the provisions of
this act, or of such regulations as the said common council may
lawfully impose upon such proprietors.
Sectio15ae    SEC. 16. From and after the passage of this act, the provisions
topresent contained in the fifteenth section shall apply to all routes for
omnibuses or stages, established at the passage of this act in
said city; and licenses then in force for omnibuses or stages
therein, and any such routes or licenses established or in force at
the passage of this act, shall be deemed to have the approval
and consent provided for in section fourteen, and have the same
effect as if made or granted pursuant to the provisions of said




STAGE ROUTES.                             1175
section, and may be transferred by the owners thereof, and
operated accordingly. The corporation of said city shall be
entitled to demand and receive license fees at the existing rates,
and to take the necessary means to collect the same.
SEC. 17. The common council shall have the right to make Regulations.
such regulations, in reference to the running of stages and omnibuses in said city, as may be necessary for the convenient use
and accommodation of the streets. It shall not be lawful to run
stages or omnibuses in said city, except in conformity with this
act.
SEC. 18. It shall be lawful for the said directors of any company, established in pursuance of this act, to receive from the
subscribers to the articles of association, in lieu of cash, property of a description suitable to be used in the business of the
company, at a valuation to be agreed upon.
SEC. 19. All acts and parts of acts, inconsistent with this act,
are hereby repealed, so far as the same are inconsistent herewith.
SEC. 20. This act shall take effect immediately.
1857.-CHAPTER CCCXL.
AN ACT relative to Stage Routes in the City of New  York.Passed April 13, 1857.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. No stage or omnibus route, or authority to run stages common
council
or omnibuses in said city, shall hereafter be granted by the com- to act.
mon council of said city, unless a majority of the owners of
property upon the street or streets, avenue or avenues, in or
upon which any such route or privilege is to be operated, shall,
before the common council act on the subject, first consent in
writing thereto.
SEC. 2. Nothing herein contained shall be construed to impair Whe run
the existing provisions of law relative to the franchises of said
city; but any stage route or privilege hereafter granted by said
common council shall be disposed of at public auction, in the
manner now provided by law for the disposal of the franchises
of said city, to the bidder who will give the largest sum per
annum, with adequate security, to the corporation of said city
for the right or privilege.
SEC. 3. This act shall take effect immediately.




STREETS AND ROADS.
17S7.-CHAPTER LXI.
AN ACT for the better regulating the Public Roads in the City
and County of New York.-Passed March 21, 1787.
I. Be it enacted by the People of the State of New York, represented in Senate and Assembly, and it is hereby enacted by the authority of the same, That the mayor, aldermen, and commonalty of
the city of New York, in common council convened, and their
successors, shall be, and hereby are, appointed commnissioners to
regulate and keep in repair the present public roads or highways; and to lay out, regulate, and keep in repair such other
public roads or highways, as shall hereafter be laid out in the
said city and county.
II. And be itfurther enacted, by the authority aforesaid, That
the said commissioners, so as aforesaid by this act appointed,
shall be, and hereby are, fully authorized and empowered to
widen or alter all public roads and highways, already laid out
in the said city and county, to such convenient breadth, not exceeding four rods, nor less than two rods, as the said commissioners shall judge fit, to make them passable for horses and carriages.  And also to lay out and make such other public roads
or highways as they shall think necessary or convenient for the
said city and county, in manner aforesaid, if the owner or owners of the said lands through which such new roads are to run,
or his, her, or their agent, or legal representative, will, on reasonable recompense, consent to the same.  And if, in widening
or altering any such public road or highway now in being, or
if in laying out any public road or highway hereafter, or in
widening or altering the same, the said commissioners shall take
or require, for such purposes, the lands of any person or persons,
they shall give notice thereof to the owners or proprietors of
such land, or to his, her, or their agent, or legal representative.
And to the end that reasonable satisfaction may be made, for all
such lands as shall be taken and employed for the use aforesaid,
the said commissioners shall and may treat and agree with the
owners and persons interested therein, or his, her, or their agent,
or legal representative; and if any such owners or proprietors
shall refuse to treat in manner aforesaid, then, and in such case,
it shall and may be lawful to and for the mayor or recorder, and
any two or more aldermen, by virtue of this act, to issue a precept directed to the sheriff of the said city and county of New




STREETS AND ROADS.                           1177
York, commanding him to impannel and return, and he is hereby required to impannel and return, a jury to appear before the
mayor's court, at the next meeting thereof, nor less than three
weeks from the date of such precept, to inquire of and assess the
damages and recompense due to the owner or owners of such
land; and at the same time to summon the owner or owners of
such land, or his, her, or their agent, or legal representative, by
notice to be left at his or her last most usual place of abode, to
appear before such mayor's court, on the day, and at the place
of the return of such precept; which such jury, being first duly
sworn for that purpose, and having viewed the premises, if necessary, shall inquire of and assess such damages and recompense
as they shall, under all the circumstances, judge fit to be awarded
to the owner or owners of such land, according to their several
and respective interests and estates of and in such land, or any
part thereof, for their respective interests and estates in the
same; and the verdict of such jury, and the judgment of the
said mayor's court thereupon, and the payment of the sum and
sums of money so awarded and adjudged to the owner or owners
thereof, or tender and refusal thereof, shall be binding, to all intents and purposes, against the said owners, and their respective
heirs, executors, administrators, and assigns, claiming any interest or title in or to the same land, and shall be a full authority
to the said commissioners to cause the said land to be converted
to and used for the purposes aforesaid; anything herein, or in
any other law contained to the contrary hereof, in any wise,
notwithstanding.
III. Provided always, and, be it further enacted, by the authority  oatridgo
aforesaid, That nothing in this act before contained shall be to be lss
deemed to authorize or require compensation to be made to any rods.
person or persons, for any lands which he, she, or they, shall
have obtained by encroaching on such public road or highway.
And provided further, that the main road or highway leading to King's-bridge shall not be of less breadth than it is at
present, nor any part thereof less than four rods wide.
IV. And be itfurther enacted, by the authority aforesaid, That Commissonit shall and may be lawful to and for the said commissioners to ered t buil
cause to be made, built, and erected, such and so many cause- causeways,
ways and bridges, and at such places as they shall think neces- ditchs
sary, and to cause ditches from such public roads or highways
to be made and cut through any person's land, where they shall
judge proper, for conveying the water from and keeping the
same roads or highways dry and in good order; and from time
to time to appoint one or more surveyors or overseers of the
said roads or highways, and to employ laborers and workmen
to make and keep the same in repair.
V. And be it further enacted, by the authority aforesaid, That
the said commissioners shall, from  time to time, make regular




1178             ACTS RELATING TO THE CITY OF NEW YORK.
returns, in writing, of all the roads or highways by them
widened, altered, or laid out, to be signed by the clerk of the
common council of the said city of New York, and cause the
same to be entered in the records of the same city; and that
whatever the same commissioners shall do according to the
power given them by this act, being so entered on record, shall
be deemed good and valid, to all intents, constructions, and
purposes in the law whatsoever.
Penalty-on    VI. And be itfurther enacted, by the authority aforesaid, That
jurigr.ob- if any person or persons shall wantonly spoil or damage any
structing the
roads.   such roads, bridges, or causeways, or fill up or destroy any of the
ditches aforesaid, or fence across any of the said roads or highways, or erect, or set up, any gates thereon, or put or leave in
any of them any unnecessary obstruction, without leave of the
said commissioners; or if any person or persons shall leave a
dead horse, or the carcase of any other beast, or any broken
carriage, in any of the said roads or highways, for any longer
time than may be necessary to remove the same, or set up in
or near the said roads or highways anything by which horses
are usually affrighted, or shall, by any improper behavior,
affright any horse or traveler, on any of the same roads or highways, every such person shall, for every such offense, forfeit and
pay to the treasurer or chamberlain of the said city for the time
being the sum of forty shillings, lawful money of this state; to
be recovered by the same treasurer or chamberlain, with costs
of suit, by action of debt, before any court having cognizance
thereof; and, when recovered, to be applied to the repairing
and improving the said roads or highways, as the said commissioners shall think fit. And further, to prevent, as far as possible, the evasion of the good purposes intended by this act, that
the owner of every dead horse or other nuisance aforesaid, left
in any of the said public roads or highways, shall be deemed to
have put or left the same thereon, unless he or she prove the
contrary.
Overseers to  VII. And be itfuorther enacted, by the authority aforesaid, That
remove nuisances.    on information being given, by any person whomsoever, to the
overseer or overseers of the said roads or highways, of any of
the said nuisances or obstructions, he shall immediately proceedto the removing thereof; and shall also use his best endeavors to discover the person or persons who committed the same,
who, upon discovery, shall not only be liable to the penalties
here efore    inbe fore appointed, but also to the costs of removing them,
and a reasonable compensation to such overseer or overseers,
for his or their time or trouble therein; to be recovered by such
overseer or overseers, with costs of suit, before any court having
cognizance thereof, as aforesaid. And, further, that every overseer who shall neglect or refuse to do his duty, according to the
true intent and meaning of this act, shall, for every such neglect




STREETS AND ROADS.                             1179
or refusal, forfeit and pay to the treasurer or chamberlain of the
said city for the time being the sum of five pounds, like lawful
money, for every offense; to be recovered, with costs of suit,
and paid and applied as aforesaid.
VIII. And be itfurther enacted, by the authority aforesaid, That Piroce
the first process to be issued against any offender or offenders, offenders
to be by
against this act, shall be by warrant, and not otherwise; and warrant and
JI J I  i'' Ionconviction
that the execution, on conviction, shall be against the goods and execution to
chattels of the offender or offenders; and for want of such goods bod  and
and chattels, against his, her, or their bodies, and shall be con- goods
tained in one and the same precept, and not otherwise; any law,
usage, or custom  to the contrary hereof in any wise notwithstanding.
IX. And be itfurther enacted, by the authority aforesaid, That Penaltyf
in case any person or persons shall fell or otherwise destroy any trees in any
tree or trees standing on any of the said roads, or within the
distance of one rod thereof, without the leave of the said mayor,
aldermen, and commonalty, or of the owner of such tree or
trees, such person or persons shall, for every such offense,
forfeit the sum of three pounds; to be recovered, paid, and applied
as aforesaid.
X. And be it further enacted, by the authority aforesaid, That Persosgo
in all cases of persons meeting each other on any of the said wardto
roads or highways, in carriages, wagons, carts, or sleighs, those tothosecomwho are going out northward shall give way to such as are com- ward.
ing in southward, under the penalty of forty shillings for every
offense; to be recovered, paid, and applied in manner aforesaid.
1787.-CHAPTER LXXXVIII.
AN  ACTfor regaulating the Buildings, Streets, Wharfs, and Slips,
in the City of New York.-Passed April 16, 1787.
Whereas, for the encouragement of the trade and commerce
of this state, it is necessary that the buildings, streets, wharfs,
and slips, in the city of New York, should be regulated with
uniformity, for the accommodation of habitations, shipping, and
transportation; Wherefore, to remove all impediments or obstructions that may retard so necessary a work,
I. Be it enacted by the People of the State of New York, represent- Common
ed in Senate and Assembly, and it is hereby enacted, by the author-New York to
ity of the same, That it shall and may be lawful to and for the mae  tby
mayor, aldermen, and commonalty of the city of New York, in regulating
common council convened, from time to time, to make such by- streets,
laws  ordinances, rules,   d orders, for the better regulatig  harfs anips
laws, ordinances, rules, and orders, for the better regulating snr~.




1180             ACTS RELATING TO THE CITY OF NEW YORK.
and arranging with uniformity such new  buildings as shall,
after the passing of this act, be erected for habitations, or for
the purposes of trade and commerce; and also for regulating
and altering the streets, wharfs, and slips, in such manner as
shall be most commodious for shipping and transportation; and
also at their will and pleasure, from time to time, to nominate
and appoint two or more discreet and intelligent persons to
be the surveyors of the buildings, streets, wharfs, and slips
of the said city, whose office and duty it shall be to direct
and see that all buildings, streets, wharfs, and slips, to be
laid out or altered in the said city, be regulated with uniformity, for the accommodation of habitations, shipping, trade,
and commerce, according to such by-laws, ordinances, rules,
and orders, as, by the common council of the said city, shall
be for that purpose, from  time to time, ordained and established; which  said surveyors shall respectively, before they
enter upon the duties of the said offices, take the following oath,
before the mayor or recorder, viz.:
I,, appointed a surveyor of the city of New York,
do swear, in the presence of Almighty God, that I will faithfully, truly, and impartially execute the office of one of the
surveyors of the same city.
Common    II. And whereas, in the laying out of new lots of ground for
prevent   buildings, controversies may arise, by reason  that a lot or
buildings  lots, if built upon, to their full extent, would incommode
onthe streetsand obstruct some street of the said city, and be hurtful to
the trade and health of the inhabitants thereof; Therefore,
Be it further enacted, by the authority aforesaid, that it shall
and may be lawful to  and for the mayor, aldermen, and
commonalty of the said city, in common'council convened,
to  hinder and prevent any building or buildings, that may
narrow  or encroach upon  any street within the said city;
And if in the doing thereof, or in the laying out for the future
any streets, wharfs, or slips, they shall require for such purposes the ground of any person or persons, they shall give
notice thereof to the owner, or parties interested in such
ground, or his, her, or their agent or legal representative:
And to the end that reasonable satisfaction may be made for
all such ground as shall be necessary for the uses aforesaid, the
said common council shall and may treat with the owners, or
persons interested therein, or his, her, or their agent or legal'
representative; and if any such owner or owners shall refuse
to treat in manner aforesaid, then, and in such case, it.shall and
may be lawful to and, for the mayor or recorder, and any two
or more aldermen, by virtue of this act, by a precept under
their hands and seals, to command the sheriff of the said city
and county of New  York to impannel and return, and he is
hereby required to impannel and return, a jury to appear before
the mayor's court of the said city, at any term thereof, not less




STREETS AND ROADS.                           1181
than three weeks from  the date of such precept, to inquire of
and assess the damages and recompense due to the owner or
owners of such ground, or his, her, or their agent or legal representative; and at the same time to summon the owner or
owners of such ground, by notice to be left at his, her, or their
most usual place of abode, to appear before such mayor's
court, oii the day and at the place in such precept to be specified; which jury, being first duly sworn faithfully and impartially to inquire into and assess the damages in question, and
having viewed the premises, if necessary, shall inquire of and
assess such damages and recompense as they shall, under all
the circumstances, judge fit to be awarded to the owner or
owners of such ground, for their respective losses, according to
their several interests and estates therein. And the verdict of
such jury, and the judgment of the said mayor's court thereupon, and the payment of the sum or sums of money so awarded
and adjudged to the owner or owners thereof, or tender and
refusal thereof, shall be conclusive and binding, to all intents
and purposes, against the said owner and owners, his, her, and
their respective heirs, executors, administrators, and assigns,
claiming any estate or interest of, in, or to the same ground; and
it shall thereupon be lawful to and for the said mayor, aldermen, and commonalty of the city of New York, and their successors, to cause the same ground to be converted to and used
for the purposes aforesaid.
IV. And whereas, the dirt and soil lying in the streets doth Comto
often prove a common nuisance, and very prejudicial to the direct th
making cornhealth of the inhabitants of the same city; for remedy where- mon sewers,
of, Be itfurther enacted, by the authority aforesaid, that it shall vault, paving  the
and may be lawful to and for the mayor, aldermen, and com- strets, and
monalty of the said city, in common, council convened, by atering,
ordinances and by-laws for that purpose to be made and or- and cleaning
dained, from  time to time, and in such manner as they shall
judge to be most conducive to health and public convenience,
to cause common sewers, drains, and vaults to be made and
constructed in any part of the said city, and to order and direct
the pitching and paving the streets thereof, and the cutting
into any drain or sewer already made, or to be made; and the
altering, amending, cleansing, and scouring of any street, vault,
sink, or common sewer, within the same city.  And for the
better effecting thereof, it shall and may be lawful to and for
the mayor, aldermen, and commonalty of the said city, in common council convened, to cause to be made an estimate or
estimates of the expense of conforming to such regulations, as
aforesaid, and a just and equitable assessment thereof, among
the owners or occupants of all the houses and lots intended to
be benefited thereby, in proportion, as nearly as may be, to
the advantage which each shall be deemed to acquire respectively.  And in order that the same may be faithfully and im



1182            ACTS RELATING TO THE CITY OF NEW YORK.
partially performed, the said common council shall, from time
to time, appoint five sufficient and disinterested freeholders for
every such purpose, who, before they enter upon the execution of their trust, shall be duly sworn, before the said mayor
or recorder, to make the said estimate and assessment fairly
and impartially, according to the best of their skill and judgment; and a certificate in writing of such estimate and assessment, being returned to the said commbn council and ratified
by them, shall be binding and conclusive upon the owners and
occupants of such lots, so to be assessed respectively; and such
owners or occupants respectively shall thereupon become and
be liable and chargeable, and they are hereby required, upon
demand, to pay, to such person as shall be authorized by the
said common council to receive the same, the sum at which such
house or lot shall be so assessed, to be employed and applied
for and towards the making, altering, amending, pitching, paving, cleansing, and scouring such streets, and making, constructing, and repairing such vaults, drains, and  sewers, as
aforesaid; and in default of payment thereof, or any part
thereof, it shall and may be lawful to and for the mayor,
recorder, and aldermen of the same city, or any five of them,
of whom the mayor or recorder always to be one, by warrant
under their hands and seals, to levy the said sum and sums of
money so assessed, by distress and sale of the goods and chattels
of the owner or occupant of such house or lot so assessed, and
refusing or neglecting to pay the same; rendering the overplus,
if any there be, after deducting the sum assessed, and the
charges of distress and sale, to such owner or occupant respectively, or their legal representatives.
V. Provided always, and be itffurther enacted, by the authority
aforesaid, That nothing in the last mentioned clause of this act
contained shall be construed to affect any contract or agreement that hath been or shall be made between any landlord
and tenant, respecting the payment of any such charges or
repairs, but they shall be answerable to each other in the same
manner as if this act had never been made. And further, in
case any money, so from time to time to be assessed for the services aforesaid, shall be paid by any person, when by agreement or by law the same ought to have been borne and paid
by some other person, that then it shall and must be lawful to
and for the person so paying the same, and he shall be and
hereby is empowered and authorized to sue for and recover the
same, with interest and costs of suit, in any court having lawful cognizance thereof, as so much money paid for the use of
the person for whom or for whose use the same shall have been
paid; and the assessment aforesaid, with proof of payment,
shall be conclusive evidence to such court, and judgment and
execution shall be awarded accordingly.




STREETS AND ROADS.                           1183
VI. And whereas, more effectually to accommodate the trade, TI general.                            regulations
and preserve the health of the citizens, it is necessary, in certain for leveling
parts ofthe city, to level adjoining lots, by raising some and re- ers of lots to
ducing others, in order to draw away the stagnate water and filth, pay expense.
and render the streets dry, and the passage easy and convenient;
and it frequently happens, that thereare vacant lots, owned by
persons who refuse to contribute to any expense with respect to
their lots, or the streets on which they are bounded, however detrimental such refusal may prove to the proprietors of the adjacent
lots, and the public good; for remedy whereof, Be it further enacted, by the authority aforesaid, that when in any such case a general
regulation shall be judged necessary, in any part of the city, and
be ordered and directed by any ordinance or by-law of the said
mayor, aldermen, and commonalty of the said city, in common
council convened, for raising, reducing, leveling, or fencing in any
such lot or lots, as aforesaid, it shall and may be lawful to and for
the said common council to cause an estimate to be made of the
whole expense of conforming to such regulation, with respect to
each lot which the owner thereof shall refuse or neglect to put
in the order thereby required; which estimate shall be made
and certified, under the hands and seals of five sufficient freeholders, to be appointed for that purpose, and sworn in manner
aforesaid; and the same estimate being duly returned to and
approved by the said common council, they shall take order for
advertising the same, in two or more of the public newspapers
printed in the said city, for three weeks, thereby requiring the
owners of such lots, respectively, to pay the sum at which the
said lots shall be so assessed, to the treasurer or chamberlain
of the said city, to defray the expense of the intended work;
and that, if default shall be made in such payment, such lot will
be sold at public auction, at a day and place therein to be specified, for the lowest term of years at which any person shall offer
to take the same, in consideration of advancing the sum assessed
on the same, for the expense aforesaid. And if, notwithstanding
such notice and demand, the owner or owners should refuse or
neglect to pay such assessment, with the charge of appraisement
and advertisement, then it shall and may be lawful to and for
the said common council to cause the said lot to be sold at
public auction, for a term of years, for the purposes and in the
manner expressed in the said advertisement, and to give a declaration of such sale to the purchaser thereof, under the common
seal of the said city; and such purchaser, his executors, administrators, and assigns, shall, by virtue thereof, and of this act,
lawfully hold and enjoy the same, for his and their own proper
use, against the owner or owners thereof, and all claiming under
him or them, until his term therein shall be fully complete and
ended; being at liberty to remove all the buildings and materials which he, she, or they, shall erect or place thereon, but
leaving the ground in sufficient fence, and with the street or
streets fronting the same in the order required by the said




1184              ACTS RELATING TO THE CITY OF NEW  YORK.
regulations; any law, usage or custom to the contrary thereof
notwithstanding; Provided, always, that if, after defraying the
actual expense of conforming any lot, so to be sold, for a term
of years, to the regulations aforesaid, and deducting all reasonable charges attending tlfe same, a surplus of the purchase-money
bidden or given therefor, at such auction, shall remain in the
hands of the chamberlain or treasurer of the said city, the samle
shall forthwith be rendered to the owner or owners of such lot
or lots respectively, or his, her, or their respective legal representatives.
If thitIrst  VII. LAnd be it further enacted, by the authority aforesaid, That
proves in if, upon the completion of any such regulation, as aforesaid, it
sufficient to
dof-ay the shall appear to the mayor, aldermen, and commonalty of the
expenses, a
scon(l may said city, in common council convened, that a greater sum  of
n money hath been bonafide expended in making such regulation,
than the sum mentioned in the estimate so made, as aforesaid,
and actually collected, it shall and may be lawful to and for the
said common council to cause a further assessment to be made
of the sum, which such bona fide expenditures shall exceed the
sum so estimated and collected, as aforesaid, upon and among the
owners or occupants of all the houses and lots before assessed,
as aforesaid, and to cause the same to be collected in the same
manner as hereinbefore directed. And further, that in case the
sum actually expended shall be less than the sum expressed in
such estimate, and actually collected, as aforesaid, the surplus
shall be forthwith rendered, to the respective  persons fromi
whom the same were so collected and received, as aforesaid, or
his, her, or their respective legal representatives.
1801.-CHAPTER CXXIX.
ANACTfor regulating the Buildings, Streets, Wharfs, and Slips
in the City of New York.-Passed April 3, 1801.
Common     I. Be it enacted by the People of the State of New York, represented
New York to in Senate and Assembly, That it shall be lawful for the mayor,
regulate           a
buiclings, aldermen, and commonalty of the city of New York, in common
Streets,  council convened, from tithe to time, to make such by-laws and
wharfs, and
toappoint a orders for the better regulating and arranging with uniformity
surveyor
thereof.  such new  buildings as shall be erected for habitations, or for
the purposes of trade and commerce; and also for regulating
and altering the streets, wharfs, and slips in such manner as
shall be most commodious for shipping and transportation; and
also, from  time to time, to nominate and appoint two or more
fit persons to be the surveyors of the buildings, streets, wharfs,
His duties. and slips of the said city, whose duty it shall be to direct and
s'ee that all buildings, streets, wharfs, and slips to be laid out




STREETS AND ROADS.                           1185
or altered in the said city be regulated with uniformity, for the
accommodation of habitations, shipping, trade, and commerce,
according to such by-laws and orders as by the common council
of the said city shall for that purpose be made, which said surveyors shall respectively, before they enter upon the duties of
their office, take the following oath or affirmation before the
mayor or recorder, viz.:
" I,, appointed a surveyor of the city of New Yorkc, do swear, And oath.
in the presence of Almighty God, that I will faithfully, truly, and imn
partially execute the office of one of the surveyors of the same city."
The common
II. And be it farther enacted, That it shall be lawful for the councilto
prevent ensaid mayor, aldermen, and commonalty, in common council con- rochment
vened, to prevent any building that may encroach upon any bybuildigse
street within the said city, and if, in so doing or in laying out round beany streets, wharfs, or slips, they shall require for such pur- individual
poses the ground of any person, notice thereof shall be given to streets and
the owner or parties interested therein, or to his or their agent slips
or legal representative, and the said common council shall treat
with such persons for the same, and if any such person shall
refuse to treat for such ground, it shall be lawful for the mayor
or recorder and any two or more aldermen, by precept under
their hands and seals, to command the sheriff of the said city
and county of New York to impannel and return, and he is
hereby required to impannel and return, a jury to appear before the mayor's court of the said city, at any term thereof
not less than three weeks from the date of such precept, to
inquire of and assess the damages and recompense due to the Dnatges
owner or owners of such ground; and  at the same time to therebyto
be assessed
summon such owner or owners, or his or their agent or legal by ajury.
representative, by notice to be left at his or their most usual
place of abode, to appear before the said court at the time
and place in such precept to be mentioned, which jury, being
first duly sworn faithfully and impartially to inquire into and
assess the damages in question, and having viewed the premises, if necessary, shall inquire of and assess such damages
and recompense as they shall, under all the circumstances, judge
fit to be awarded to the owner or owners of such ground for
their respective losses, according to their several interests and
estates therein; and the verdict of such jury, and the judgment
of the said mayor's court thereupon, and the payment of the
sum or sums of money so awarded and adjudged to the owner
or owners thereof, or tender and refusal thereof, shall be conclusive and binding against the said owner and owners, his and
their respective heirs, executors, administrators, and assigns,
claiming any estate or interest of, in, or to the same ground;
and it shall thereupon be lawful for the said mayor, aldermen,
and commonalty to cause the same ground to be converted to
and used for the purposes aforesaid.
75




1186              ACTS RELATING TO THE CITY OF NEW  YORK.
Cocilto    III. And be it further enacted, That it shall be lawful for the
lay ot and said mayor, aldermen, and commonalty to lay out, as far as the
streets and same has not already been done, and according to the plan
wharfs in
front ofthe agreed upon for that purpose, regular streets or wharfs, of the
East and   width of seventy feet, in front of those parts of the said city
Hudson's
river,    which adjoin to the East river or sound, and to the North or
Hudson's river, and of such extent along those rivers respectively as they may think proper, and that, as the buildings of the
said city shall be further extended along the said rivers, it shall
be lawful for the said mayor, aldermen, and commonalty, from
time to time, to lengthen and extend the said streets or wharfs.
nhownd by  -IV. And be it  rther enacted, That the said streets or wharfs
said streets shail be made and completed according to the said plan, by and
and wharfs
to be made.. at the expense of the proprietors of land adjoining or nearest
and opposite to the said streets or wharfs, in proportion to the
breadth of their several lots, by certain days to be for that purpose appointed by the said mayor, aldermen, and commonalty,
and that the respective proprietors of such of the said lots as
may not be adjoining to the said streets or wharfs shall also fill
up and level, at their own expense, according to such plan and
by the said days respectively, the spaces lying between their
said several lots and the said streets and wharfs, and shall,
upon so filling up and leveling the same, be respectively entitled to and become the owners of the said intermediate spaces
of ground in fee simple.
Method of    V. And be it further enacted, That if any of the said propriecompelling                    rfill up             level uch i
the proprie- tors shall neglect or refuse to fill up and level such intermediate
orsofaLd- spaces of ground by the said days to be so as aforesaid appointjoining lots
to make the ed, it shall be lawful for the said mayor, aldermen, and commonalty to cause the same to be done for and on behalf of the
said proprietors, and to charge them  with the expense, and if
the said proprietors respectively shall not repay the said expense
with lawful interest from the times of the expenditure, within
one year and six months after the demand for that purpose
made by the said mayor, aldermen, and commonalty, or any
person on their behalf, it shall be lawful for the said mayor,
aldermen, and commonalty to levy the same, together with the
interest thereof and all reasonable costs and expenses attending
such proceedings, by distress and sale of the goods and chattels
of such proprietors or the occupants of the said lots respectively, or to recover the same from the said proprietors respectively, by action of debt in the supreme court of this state,
wherein it shall be sufficient to allege generally that the defendants respectively are indebted to the said mayor, aldermen, and
commonalty in a certain sum, for money expended on their
account by virtue of this act, and in such action any less sum
than the one declared for may be recovered, and full costs shall
be taxed for the plaintiffs, ifj udgment shall be given in their favor.




STREETS AND ROADS.                             1187
VI. And be itfurther enacted, That the said sums so to be ex-de on
pended on behalf of the said proprietors, and every sumn which behalfofthe
proprietors
hath heretofore been assessed among the owners or occupants of to become a
any houses and lots in the said city by virtue of the act, entitled lian tdhn
An actfor regulating the buildings, streets, wharjf, and slips in the city eadJ reCo
of New York, passed the 16th of April, 1787, and not refunded, or
shall hereafter be assessed by virtue of this act, shall be a lien or
charge upon the house and lots in respect to which such assessments shall have been made, and shall bear lawful interest
until paid, and shall be entitled to a preference before all other
incumbrances upon the same, and may be sued for and recovered with costs in like manner as if the said houses and lots were
mortgaged to the said mayor, aldermen, and commonalty for the
payment thereof; Provided always, That nothing herein con- Proviso.
tained shall extend to charge any such houses or lots which
may have been bona fide sold and disposed of after the making
of such assessment thereon, and before  the 3d day of April,
1798.
VII. And be itfurther enacted, That it shall be lawful for the th todorasaid mayor, aldermen, and commonalty to direct piers to be rect iers.                        and bridges
sunk and completed, at such distances and in such manner as to be made
they in their discretion shall think proper, in front of the said prietorsof
streets or wharves so adjoining and extending along the said laJotni
rivers, and the said piers to be connected with the said streets
or wharfs by bridges, at the expense of the proprietors of the
lots lying opposite to the places where such piers shall be
directed to be sunk, and by such days and times as the said
mayor, aldermen, and commonalty may for that purpose limit
and appoint; and if the said proprietors shall neglect or refuse And in de.
to sink or make the said piers and bridges according to the`ftogfpro
directions of the said mayor, aldermen, and commonalty, it portont
shall be lawful for the said mayor, aldermen, and commonalty and take the
to sink and make the same piers and bridges at their own ex- 
pense, and to receive to their own use wharfage for all vessels that may at any time or times lie or be fastened to the
said piers or bridges which they shall so make, as aforesaid.
VIII. And be it further enacted, That it shall be lawful for cmagrant
the said mayor, aldermen, and  commonalty to grant to the comoin
owners of lots fronting on any of the said streets of seventy such piers
feet, their heirs and assigns, a common interest in the piers to proprieto be sunk in front of such streets, in proportion to the breadth fronting
of their respective lots, under such restrictions and regulations them
and. within such limits as the said mayor, aldermen, and commonalty shall deem just and proper.
IX. And be it further enacted, That every clause, covenant, and ad condi
condition in the several grants of the mayor, aldermen, and com- grants to rt
monalty of the said city to the said proprietors respectively, or  lce




1188             ACTS RELATING TO THE CITY OF NEW YORK.
those under whom  they claim, to be kept, observed, or per
formed by the grantees respectively, and their respective heirs,
executors, administrators, and assigns, shall, notwithstanding
this act, retain their full force and validity, and shall be in no
manner affected by the same, or by anything to be done or performed in consequence thereof, and the said mayor, aldermen,
and commonalty shall have, possess, and be entitled unto the
like payments, rights, and remedies, by virtue of the said grants,
as they might or could have had, or would have been entitled
to, if this act had never been passed, and shall not, by the performance of anything herein  contained, be deemed to have
broken or infringed any of the covenants or conditions on their
part contained in the said grants.
No buildings  X. And be it further enacted, That no building of any kind or
uch streets description whatsoever, other than the said piers and bridges,
or whars. shall at any time hereafter be erected upon the said streets or
wharfs, or between them  respectively and the river to which
they respectively shall front and adjoin.
corporation   XI. And be it further enacted, That it shall be lawful for the
tswers to  said mayor, aldermen, and  commonalty to  cause common
be made and
streets   sewers, drains, and vaults to be made in any part of the said
paved, nd city, and to order and direct the pitching and paving the streets
the same
cleansed.  thereof, and the cutting into any drain or sewer, and the altering, amending, cleansing, and scouring of any street, vault, sink,
Expenses  or common sewer, within the said city; and to cause estimates
tpprotfoed, of the expense of conforming to such regulations to be made,
asesednd and a just and equitable assessment thereof among the owners
or occupants of all the houses and lots intended to be benefited
thereby, in proportion, as nearly as may be, to the advantage
which each shall be deemed to acquire; and the said mayor,
aldermen, and commonalty shall appoint five disinterested freeholders to make every such estimate and assessment, who, before
they enter upon the execution of their trust, shall severally take
an oath, before the mayor or recorder of the said city, to make
the said estimate and assessment fairly and impartially, accordto the best of their skill and judgment.; and the said freeholders, after having made such estimate and assessment, shall
certify the same in writing to the said mayor, aldermen, and
commonalty, in common council convened, and, being ratified by
the said council, shall be binding and conclusive upon the
owners and occupants of such lots so to be assessed respectively,
and shall be a lien or charge on such lots, as'aforesaid, and such
owners or occupants shall also respectively be liable upon demand
to pay the sum at which such houses or lots respectively shall
be so assessed, to such person as the said common council shall
appoint to receive the same; and in default of such payment,
or any part thereof, it shall be lawful for the mayor, recorder,
and aldermen of the said city, or any five of them, of whom  the




STREETS AND ROADS.                            1189
mayor or recorder shall be one, by warrant under their hands
and seals, to levy the same by distress and sale of the goods and
chattels of such owner or occupant refusing or neglecting to pay
the same, rendering the overplus, if any, after deducting the
charges of such distress and sale, to such owner or occupant;
and the money, when paid or recovered, shall beapplied towards
making, altering, amending, pitching, paving, cleansing, and
scouring such streets, and making and repairing such vaults,
drains, and sewers, as aforesaid; Provided, however, That nothing Agreements
between
herein  contained  shall affect any agreement. between any landordand
landlord and tenant respecting the payment of any such charges, taectntdot
but they shall be answerable to each other in the same manner
as if this act had never been made; and if any money, so to be
assessed, be paid by any person, when by agreement or by law
the same ought to have been borne and paid by some other ersons payperson, it shall then be lawful for the person paying to sue for others, who
and recover the money so paid, with interest and costs, as so ovr the
much money paid for the use of the person who ought to have same
paid the same, and the assessment aforesaid, with proof of payment, shall be conclusive evidence in such suit.
XII. And be it further enacted, That when the said mayor, Genral
aldermen, and commonalty, in common council convened, shall relative to
streets, how
make a general regulation in any part of the said city for enforced,
raising, reducing, leveling, or fencing, in any vacant or adjoin-gd the -
ing lots, it shall be lawful for the said mayor, aldermen, and ofcolleted
commonalty, in case the same be not complied with, to cause
an estimate of the whole expense of conforming to such regulation, with respect to each lot which the owner thereof shall
refuse or neglect to put in the order thereby required, to be
made, assessed, and certified by five freeholders in manner aforesaid, and the same being approved by the said mayor, aldermen,
and commonalty, they shall cause the same to be advertised in
two or more of the public newspapers, printed in the said city,
for three weeks, and shall therein require the owners of such
lots respectively to pay the sum at which said lots shall be so
assessed to the chamberlain of the said city, and that, if default In default of
be made, such lot will be sold at public auction at a day and the lot'
place therein to be specified, for the lowest term of years at thereith to
which any person shall offer to take the same in consideration be sold for o
of advancing the sum assessed on the same for the expense afore- years.
said; and if, notwithstanding such notice and demand, the
owner or owners shall refuse or neglect to pay such assessment,
with the charge of appraisement and advertisement, then it shall
be lawful for the said common council to cause the said lot to
be sold at public auction for a term  of years, for the purposes
and in the manner expressed in the said advertisement, and to
give a declaration of such sale to the purchaser thereof under
the common seal of the said city; and such purchaser, his
executors, administrators, and assigns, shall, by virtue thereof




1190              ACTS RELATING TO THE CITY OF NEW  YORK.
and of this act, lawfully hold and enjoy the same for his and
their own proper use against the owner or owners thereof, and
all claiming under him or them, until his term therein shall be
fully complete and ended, being at liberty to remove all the
buildings and materials which he or they shall erect or place
thereon, but leaving the ground in sufficient fence, and with the
street or streets fronting the same in the order required by the
Proviso as to said regulations; Provided, always, That, if, after defraying the
the return of
surplus   actual expense of conforming any lot, so to be sold for a term of
moneys   years, to the regulations aforesaid, and deducting all reasonable
charges attending the same, a surplus of the purchase money
shall remain in the hands of the chamberlain of the said city, the
same shall forthwith be rendered to the owner or owners of such
lot or lots respectively, or his or their legal representatives.
Further    XIII. And be itfurther enacted, That, if, upon completing any
sssmnts, such regulation, it shall appear to the said mayor, aldermen, and
and surplus commonalty that a greater sum of money hath been bona fide
moneys re.
turned    expended in making such regulation, than the sum estimated and
collected, as aforesaid, it shall then be lawul for the said mayor,
aldermen, and commonalty to cause a further assessment, equal
to such excess, to be made and collected in manner aforesaid;
and in case the sum actually expended shall be less than the
sum expressed in such estimate, and collected, as aforesaid, the
surplus shall forthwith be returned to the persons from whom
the same were collected, or their legal representatives.
to fll uup and  XIV. And be it further enacted, That if the owner or occupant
lvlltsif of any lot of ground in the said city shall refuse or neglect to
refuse,and fill up, raise, reduce, or level, such lot in such manner as the
to recover
back the  same shall, by any by-law, rule, ordinance, or order, of the comexpense.  mon council of the said city be required to be filled up, reduced,
leveled, or raised, it shall then be lawful for the mayor, aldermen,
and commonalty of the said city to cause such lot or lots to be
filled up, raised, or leveled, and the amount of the moneys which
they shall have advanced for that purpose, with lawful interest
for the same, shall be deemed a lien on such lot or lots, and
shall be recoverable by them as for moneys advanced for the use
of the defendants, by suit against the owner or any other occupant or future owner of such lot or lots, at their election, in any
court having cognizance of the same.
1813.-CHAPTER LXXXVI.
AN ACT to reduce several Laws relating particularly to the City of
New  York into one Act.-Passed April 9, 1813.
PAVING AND REGULATING STREETS, ETC.
Corporation   CLXXV. And be itfurtherenacted, Thatit shallbe lawful forthe
to cause
Sewers to be said mayor, aldermen, and commionalty to cause common sewers,




STREETS AND ROADS.                             1191
drains, and vaults, to be made in any part of the said city, and mde,
to order and direct the pitching and paving the streets thereof, paved and
cleansed,
and the cutting into any drain or sewer, and the altering, amend- and vacant.,-..a. *  | -  lots filled in,
ing, cleansing and scouring of any street, vault, sink, or common etc.
sewer, within the said city; and the raising, reducing, leveling,
or fencing in, any vacant or adjoining lots in the said city; and Epensep
to cause estimates of the expense of conforming to such regula- estimated
zn  — I  " b     and assessod.
tions to be made, and a just and equitable assessment thereof
among the owners or occupants of all the houses and lots
intended to be benefited thereby, in proportion, as nearly as
may be, to the advantage which each shall be deemed to acquire;
and the said mayor, aldermen, and commonalty shall appoint
such skillful and competent disinterested persons as they shall
or may think proper, to make every such estimate and assessment, who, before they enter upon the execution of their trust,
shall severally take an oath, before the mayor or recorder of the
said city, to make the said estimate and assessment fairly and
impartially, according to the best of their skill and judgment;
and the said persons, after having made such estimate and assessment, shall certify the same in writing to the said mayor, aldermen, and commonalty, in common council convened, and, being Asessment
me,  yto be ratified
ratified by the said council, shall be binding and conclusive upon by common
the owners and occupants of such lots so to be assessed respectively, and shall be a lien or charge on such lots, as aforesaid;
and such owners or occupants shall also respectively be liable,
upon demand, to pay the sum at which such houses or lots respectively shall be so assessed, to such person as the said common council shall appoint to receive the same; and, in default
of such payment or any part thereof, it shall be lawful for the
mayor, recorder, and aldermen of the said city, or any five of
them, of whom the mayor or recorder shall be one, by warrant, fAnd' d.under their hands and seals, to levy the same by distress and net, to be
sale of the goods and chattels of such owner or occupant          distrefss and
ing or neglecting to lpay the same, rendering the overplus (if sale
any), after deducting the charges of such distress and sale, to
such owner or occupant, and the money, when paid or recovered,
shall be applied towards making, altering, amending, pitching,
paving, cleansing, and scouring such streets, and making and
repairing such vaults, drains, and sewers as aforesaid, and raising,
reducing, leveling, or fencing in, such lots as aforesaid; Pro- Agreement
between
vided, however, That nothing herein contained shall affect any landlord and
agreement between any landlord and tenant, respecting the afetied.
payment of any such charges, but they shall be answerable to
each other in the same manner as if this act had never been
made; and if any money, so to be assessed, be paid by any
person, when by agreement or by law the same ought to have
been borne and paid by some other person, it shall then be law- Persos payful, for the person paying, to sue for and recover the money othersto
so paid, with interest and costs, as so much money paid for the baeok.
use of the person who ought to have paid the same; and the




1192             ACTS RELATING TO THE CITY OF NEW YORK.
assessment aforesaid, with proof of payment, shall be conclusive evidence in such suit.
Further    CLXXVI. And be itfurther enacted, That, if, upon completing
howmade. any such regulation, it shall appear to the said mayor, aldermen, and commonalty that a greater sum  of money had been
bonafide expended in making such regulation than the sum estimated and collected, as aforesaid, it shall then be lawful for the
said mayor, aldermen, and commonalty to cause a further assessment, equal to such excess, to be made and collected in manner
aforesaid; and in case the sum actually expended shall be less
than the sum expressed in such estimate, and collected, as aforesaid, the surplus shall forthwith be returned to the persons
from whom  the same were collected, or their legal representatives.
OPENING AND LAYING OUT STREETS, ETC.
Streets, ave-  CLXXVI. And be itffurther enacted, That whenever and as
squares,  often as the mayor, aldermen, and commonalty of the city of
opened.   New York shall be desirous to open any street, avenue, square,
or public place, or any particular part or section of any street
or avenue laid out by the commissioners of streets and roads in
the city of New York, under and by virtue of the act, entitled
" An act relative to improvements touching the laying out of
streets and roads in the city of New York, and for other purposes," passed April 3, 1807, and also whenever and as often as
so many proprietors of lands fronting on any such street, avenue, square, or public place, or any particular part or section
of any such street, avenue, square, or public place, as shall
together own three-fburth parts of all the lands fi onting on such
street, avenue, square, or public place, or on such part or section of any such street, avenue, square, or public place, shall,
by petition, desire the said mayor, aldermen, and commonalty
to open any such street, avenue, square, or public place, or any
such particular part or section of any such street, avenue,
square, or public place, and the said mayor, aldermen, and commonalty shall deem the opening thereof to be necessary or useful; it shall be lawful for the said mayor, aldermen, and commonalty to cause the same to be opened, and the lands, tenements,
and hereditaments that may be required for the purpose of opening the same may be taken for that purpose, and compensation
and recompense made to the parties and persons, if any such
there shall be, to whom the loss and damage thereby shall be
deemed to exceed the benefit and advantage thereof, for the
excess of the damage over and above the value of the said
benefit, in the manner hereinafter for that purpose directed and
prescribed; and whenever and as often also as it shall, in the
opinion of the said mayor, aldermen, and commonalty, in common council convened, be necessary or desirable, for the public




STREETS AND ROADS.                           1193
convenience or health, to lay out, form  and open any street or
streets, or public place or places, in any part of tie said city,
not laid out into streets, avenues, squares, and public places by
the commissioners of streets and roads in the city of New York,
under and by virtue of the act aforesaid, or to extend, enlarge,
straighten, alter, or otherwise improve any street or streets, or
part of a street, or public place or places, already laid out or
hereafter to be laid out, and formed or opened in any part of
the said city not laid out into streets, avenues, squares, and
public places by the commissioners aforesaid; it shall be lawful
ifr the said mayor, aldermen, and commonalty of the city of
New York to order and direct the same to be done, and to cause
the same to be done accordingly, in such manner as they shall
think most advisable, notwithstanding it may become necessary
for that purpose to remove any building or buildings, or to take
any lands, tenements, hereditaments, or premises whatsoever:
and if the said mayor, aldermen, and commonalty shall require
any lands, tenements, hereditaments, or premises, of any person
or persons, or body politic or corporate, for any such purpose,
the same may be taken and appropriated to such use, and compensation and recompense made to the parties and persons
respectively, if any such there shall be, to whom the loss and
damage thereby shall be deemed to exceed the benefit and advantage thereof; for the excess of the said damage above the said
benefit, in the manner for that purpose hereinafter mentioned
and provided.
CLXXVIII. And be it farther enacted, That whenever and as n Oapplicaoften as any lands, tenements, hereditamients, or premises what- poration,susoever shall be required for the said purpose of opening any IeappoCi
such public square, place, street, or avenue, or part or section thrsesecoof a street or avenue, in the said city of New  York, laid out toascerain
by the commissioners aforesaid, under and by virtue of the act etc.
aforesaid so to be opened, or for the said purposes of laying out
and forming or extending, enlarging, straightening, altering, or
otherwise improving any street or public place, so to be laid
out and formed or opened, or so to be extended, enlarged,
straightened, altered, or otherwise improved, in any part of the
said city not laid out into streets, avenues, squares, and public
places, by the commissioners aforesaid, under the act aforesaid,
or for any or either of the said purposes, it shall be lawful for
the said mayor, aldermen, and commonalty to make application, or to cause application to be made, to the supreme court
of judicature of this state, for the appointment of commissioners; and it shall be lawful for the said court, to whom  such
application shall be made, on any such application, to nominate
and appoint three discreet and disinterested  persons, being
citizens of the United States, commissioners of estimate and
assessment, for the purpose of performing the duties hereinafter in that behalf prescribed, which said commissioners, be



1194             ACTS RELATING TO THE CITY OF NEW  YORK.
Cmmissin. fore they enter upon the performance of the duties of their apBworn.   pointment, shall severally take and subscribe an oath or affirmation, before some  person authorized  by law  to administer
oaths, "faithfully to perform the trust and duties required of
them  by this act," which oath or affirmation shall be filed in
Duty of  the clerk's office of the city of New  York; and it shall be the
commissioners.    duty of the said commissioners, after having viewed the lands,
tenements, hereditaments, and premises so required for the purpose of opening the said public square, or place, street, avenue,
or part or section of a street or avenue so to be opened, or for
the purpose of laying out and forming the street or streets, or
public place so to be laid out and formed, or for the purpose of
extending, enlarging, straightening, altering, or otherwise improving the street or public place so to be extended, enlarged,
straightened, altered, or otherwise improved, as the case may
be, and the lands, tenements, hereditaments, and premises, on
each side of the same half-way to the next street or avenue
thereto (if they shall deem  such view to be necessary or useful), and after causing all such surveys, maps, profiles, plans,
and other things as they may judge necessary to be made, done,
and prepared for their use, to proceed to and make a just and
Tomakees- equitable estimate and assessment of the loss and damage, if
timate of
damge, and any, over and above the benefit and advantage, or of the benefit
beneitto. and advantage, if any, over and above the loss and damage, as
erested in the case may be, to the respective owners, lessees, parties, and perland required for sons respectively entitled unto or interested in the lands, tenements,
streets, etc..  >   
hereditaments and premises, so required for the purpose, by and in
consequence of opening such public square, or place, street,
avenue, or part or section of a street or avenue so to be opened,
or by and in consequence of laying out and forming such
public street or place so to be laid out and formed, or by and
in consequence of extending, enlarging, or otherwise improving the street or public place so to be extended, enlarged, or
otherwise improved, as the case may be; and a just and equitable estimate and assessment, also, of the value of the benefit
and advantage of such said public  square, or place, street,
avenue, or part or section of a street or avenue so to be opened,
or such street or public place so to be laid out and formed, or
of such extension, enlargement, or other improvement of the
street or public place so to be extended, enlarged, or otherwise
improved, as the case may be, to the respective owners, lessees, parties, and persons respectively entitled unto or interested in the said
respective lands, tenements, hereditaments, and premises not required
for the purpose of opening, laying out and forming or extending, enlarging, or otherwise improving the same, but fronting
or to fiont thereon, or being at and within half the' distance of
the next street or avenue thereto, from the same on each side
thereof, and which the said commissioners may deem  to be
benefited by such public square, or place, street, avenue, or part
or section of a street or avenue so to be opened, or such street




STREETS AND ROADS.                           1195
or public place so to be laid out and formed, or so to be extended, enlarged, or otherwise improved, in respect to the respective estates and interest of such said owners, lessees, parties,
and persons respectively, so entitled unto or interested in such
said lands, tenements, hereditaments, and premises, so benefited thereby; and to report to the said supreme court of judi- And report
cature without unnecessary delay; and, in making such esti- court.
mate and assessment and report in the premises, it shall beWhenthe
damage exthe duty of the said commissioners, in all cases where the loss ceeds the
and damage to the owners, lessees, parties and persons entitled bfiotm
unto or interested in any such lands, tenements, hereditaments, to report
or premises, so required  for the purpose of any such said excessof
operation or improvement, that is to say, the operation and im- g
provement of opening such said public square or place, street
or avenue, or part or section of a street or avenue so to be
opened, or the operation and improvement of laying out and
forming any such street or public place so to be laid out and
formed, or the operation and improvement of extending, enlarging, or otherwise improving, such said street or public place
to be extended, enlarged, or otherwise improved, as the case
may be, by and in consequence of such said operation and imprbvement, shall, in the opinion of the said commissioners, exceed the value to him, her, or them, of the benefit and advantage
of such said public square or place, street, or avenue, or part or
section of a street or avenue so to be opened, or of such street
or public place so to be laid out and formed, or of such extension, enlargement, or other improvement of the said street or
public place so to be extended, enlarged, or otherwise improved,
as the case may be, to estimate and report the excess and surplus only of the said loss and damage, over and above the value
of the said benefit and advantage, as and for the compensation
and recompense, and the same shall be the compensation and
recompense, to be made to such owner or owners, lessee or
lessees, parties and persons respectively, for his, her, or their
loss and damage by and in consequence of the said operation
and improvement of opening, laying out, and forming, or extending, enlarging, or otherwise improving, such said public
square, place, avenue, street, or part or section of a street or
avenue to be opened, laid out, and formed, or extended, enlarged,
or otherwise improved, as the case may be, and relinquishing
the said lands, tenements, hereditaments, and premises so required of him, her, or them, for that purpose; and in all cases When damwhere the benefit and advantage of such said public square, benefitll
be equal,
place, street, or avenue, or part or section of a street or avenue commissionso to be opened, or of such said street or public place so to be ers to report
laid out and formed, or of such extension, enlargement, or other
improvement of the street or public place so to be extended,
enlarged, or otherwise improved, as the case may be, to any
owner or owners, lessee or lessees, party or person or persons
so entitled unto or interested in any such lands, tenements




1196              ACTS RELATING TO THE CITY OF NEW YORK.
hereditaments, or premises so required for the purpose of the
said operation of opening, laying out, and forming or extending,
enlarging, or otherwise improving the same, will, in the opinion
of the said commissioners, be equal and equivalent to the loss
and damage of such owner or owners, lessee or lessees, party or
person or persons respectively, by and in consequence of the
said operation of opening, laying out, and forming, or extending,
enlarging, or otherwise improving the same, and the relinquishment of the lands, tenements, hereditaments, and premises required for that purpose, to report that such owners, lessees,
parties, and persons respectively, will sulffer no damage by or
in consequence of making such said operation and improvement,
and relinquishing the lands, tenements, hereditaments, and premises so required of him, her, or them, respectively, for that
purpose, the benefit and advantage thereof to him, her, or them,
being equal and equivalent to the loss and damage that will be
when the  sustained by him, her, or them thereby; but in all cases where
ceeds tlh  the benefit and advantage of such said operation and improvecmission- ment to any such owner or owners, lessee or lessees, party or
orsly tepoxrtperson or persons so entitled unto or interested in any lands,
cs of bene- tenements, hereditaments, and premises required for the purpose
fit.......
of making the same, will, in the opinion of the said commissioners, exceed the loss and damage which he, she, or they, will
respectivelysustain by and in consequence of the making of the
same, and the relinquishment by him, her, or them, of the said
lands, tenements, hereditaments, and premises so required of
him, her, or them, respectively, for that purpose, to estimate,
assess, and report the excess and surplus only of the value of
the said benefit and advantage over and above the said loss and
damage, as and for the sum  or allowance to be allowed and
paid, and the same shall be the sum or allowance to be allowed
and paid by him, her, or them, respectively, for the benefit and
advantage of the said public square, place, street, or avenue, or
part or section of a street or avenue so to be opened, or of the
said street or public place so to be laid out and formed, or of
the said extension, enlargement, or other improvement of the
street or public place so to be extended, enlarged, or otherwise
improved, as the case may be, to him, her, or them, respectively.
commission- And in all cases, also, where any owner or owners, lessee or
ers to inlude in  lessees, party or person or persons who may be interested in or
their assessment lands entitled unto any lands, tenements, hereditaments, or premises,
adjent t not included within the limits of such public square or place,
street, avenue, or part or section of a street or avenue so to be
opened, or such street or public place so to be laid out and
formed, or extended, enlarged, or otherwise improved, but fronting or to front upon or being within half the distance of the
next street or avenue thereto from the same on either side thereof, will, in the opinion of the said commissioners, be benefited
by opening, laying out, and forming or extending, enlarging or
otherwise improving the same, as the case may be, to estimate,




STREETS AND ROADS.                            1197
assess, and report the value of such benefit to such owner or
owners, lessee or lessees, parties and persons, respectively, in
respect to the said lands, tenements, hereditaments, and premises wherein he, she, or they may respectively be so interested;
and in which said report the commissioners, who shall make the Namesof
parties insame, shall set forth the names of the respective owners, lessees, parties, terested in,
and persons entitled unto or interested in the said lands, tenements, tion dorlns
hereditaments and  premises, mentioned in the said report, and sreuieedf~r
each and every part and parcel thereof, as Jar forth as the same shall be setforth
be ascertained by them, and an apt and sufficient designation or
description of the respective lots or parcels of land and other
tenements, hereditaments, and premises that may be required
for the purpose of opening such public square, place, street, or
avenue, or part or section of a street or avenue so to be opened,
or laying out and forming, or extending, enlarging, or otherwise
improving such street or public place so to be laid out and
formed, or so to be extended, enlarged, or otherwise improved,
as the case may be, and also of the said respective lots or parcels
of land, and other tenements, hereditaments, and premises not
included within, but deemed to be benefited by the same, and
so assessed by the said commissioners for the said benefit as Theikeas
aforesaid, and also the several and respective sums estimated landj-clud.
and assessed as and for the compensation and recompense, or etas.es
the allowance to be made for the loss and damage, or for the
benefit, as the case may be, of the respective owners of the fee
or inheritance of such said lands, tenements, hereditaments, and
premises respectively, and for the loss and damage, or for the
benefit, as the case may be, of the respective owners of the
leasehold estates or other interests therein separately; but in RePort, ho
to be made,
all, and each and every case and cases, where the owners when parties
and parties interested, or their respective estates and interests, ntr thei,
are unknown or not fully known to the said commissioners, it; otow.re
shall be sufficient for them  to estimate and assess, and to setforth,
and state in their said report, in general terms, the respective
sums to be allowed and paid to or by the owners and proprietors
generally of such said lands, tenements, hereditaments and premises,
and parties interested therein, for the loss and damage, or for
the benefit and advantage, as the case may be, to such owners,
proprietors and parties interested, in respect of the whole estate
and interest of whomsoever may be entitled unto or interested
in the  said  lands, tenements, hereditaments, and  premises
respectively, by and in consequence of the said operation and
improvement of opening, laying out, and forming, or extending,
enlarging, or otherwise improving, the said public square, or
place, street, avenue, or part or section of a street or avenue so
to be opened, or so to be laid out and formed, or extended,
enlarged, or otherwise improved, as the case may be, without
specifying the names or the estates or interests of such owners, proprietors and parties interested, or of any or either of them; and
upon the coming in of the said report, signed by the said com



1198              ACTS RELATING TO THE CITY OF NEW  YORK.
Report tbe missioners, or any two of them, the said court shall by rule or
by supreme order, after hearing any matter which may be alleged against the same,
court, or referred tothe either confirm the said report or refer the same to the same
commissionersforre-  commissioners for revisal and correction, or to new  commisvnesorto sioners, to be appointed by the said court, to reconsider the
missioners. subject matter thereof; and the said commissioners, to whom the
said report shall be so referred, shall return the same report, corrected and revised, or a new report, to be made by them in the
premises, to the said court without unnecessary delay; and the
same, on being so returned, shall be confirmed or again referred
by the said court in manner aforesaid, as right and justice shall
require, and so from time to time, until a report shall be made
or returned in the premises, which the said court shall confirm;
and such report, when so confirmed by the said court, shall be
Report,,  final and conclusive, as well upon the said mayor, aldermen, and
firmed, to be commonalty of the city of New York, as upon the owners,
final and
conclusive. lessees, persons and parties interested in and entitled unto the
lands, tenements, hereditaments, and premises mentioned  in
the said report; and also upon all other persons whomsoever; and on
such final confirmation of such report by the said court, the said
mayor, aldermen, and commonalty of the city of New York shall
become and be seized in fee of all the said lands, tenements,
hereditaments, and premises in the said report mentioned, that
shall or may be so required for the purpose of opening the said
public square or place, street or avenue, or part or section
of a street or avenue so to be  opened, or for the purpose
of laying out and forming  the  said  street or public place
so to be laid out and formed, or for the purpose of extending,
enlarging, or otherwise improving  the street or public place
so to be extended, enlarged, or otherwise improved, as the case
may be, the same to be appropriated, converted, and used to
Corporation and for such said purpose accordingly; and thereupon the said
thereupon to
take posses- mayor, aldermen, and commonalty, or any person or persons
sion of the                                                        pro
premises re- acting under their authority, may immediately, or at any time
quired for
streets, etc. or times thereafter, take possession of the same, or any part or
parts thereof, without any suit or proceeding at law  for that
purpose  In trust, nevertheless, That the same be appropriated
and kept open for, or as part of, a public street, avenue, square,
or place forever, in like manner as the other public streets, avenues, squares, and places in the said city are, and of right ought
fay permit to be; Provided, That the said mayor, aldermen, and commonalty
buildings to may permit any building which shall be either partly or wholly
remain un-                                                         wol
removed. included within the limits of any such street, avenue, public
square, or place, laid out in the said city, by the commissioners
of streets and roads in the city of New York, under and by
virtue of the before-mentioned act, entitled "An act relative to
improvements touching the laying out of streets and roads in
the city of New York, and for other purposes,"(1) and so to be
(1) Act of April 3, 1807.




STREETS AND ROADS.                            1199
opened as aforesaid, to remain unremoved for such time or times as
they shall think proper; Provided, also, That it shall not be lawful No compen
sat'on allowfor the said commissioners of estimate and assessment, to be ap- ed for cerpointed under and by virtue of this act, to allow any sum or com- ilgs.
pensation whatsoever for any building or buildings which, at any
time subsequently to the filing of the maps mentionedin the fifth
section of the said last-mentioned act, may have been built, placed,
or erected, or which at any time hereafter may be built, placed,
or erected, in part or in whole, on any such street, avenue, public
square, or place, laid out by the said commissioners of streets
and roads in the city of New York, under and by virtue of the
said last-mentioned act: But provided Jurther, That compensation and recompense shall be made to the owners thereof; and
parties interested therein, for all buildings and improvements
erected, placed, or made, wholly or in part, upon any part of any
such street, avenue, square, or public place, so to be opened, at
any time before the time of the filing of the maps aforesaid: And further, That it shall be lawful for the said commis- Commissionsioners of estimate and assessment, if they shall deem it just and a part of the
value of
equitable under the circumstances to do so, but not otherwise, buildingson
to assess any part, not exceeding one-third part, of the estimated corporatio
value of any such building or buildings, but not of any other
improvement, upon the said mayor, aldermen, and commonalty
of the city of New York: And provided also, That if it should
become necessary, for the purpose of laying out and forming,
or extending, enlarging, or otherwise improving, any street or
public place in any part of the said city of New York, not laid
out into streets, avenues, squares, and public places by the said
commissioners of streets and roads in the city of New  York,
under and by virtue of the said last-mentioned act, to remove
any building or buildings, it shall and may be lawful, to and for
the said commissioners of estimate and assessment, at their discretion, if they shall deem it equitable and just to do so, but not
otherwise, to assess any part, not exceeding one-third part, of the
estimated value of such building or buildings upon the said
mayor, aldermen, and commonalty of the city of New York:
And provided also, That if any lands, tenements, hereditaments, When lands
belonging to
or premises, belonging to the said mayor, aldermen, and corn- corporation
monalty of the city of New York, or wherein they may be in-r. foroesid
terested, shall be required for any of the purposes aforesaid, or cpmmssio.
shall be benefited by any such operation and improvement as esare.to
hereinbefore mentioned, the said mayor, aldermen, and common- ages or
benefit in
alty shall be entitled to compensation and recompense for the the usual
loss and damage they may sustain, and shall be bound to allow m"anne
and pay for the benefit and advantage they may be deemed
to acquire thereby, in like manner as other owners and proprietors of lands and premises, required for the purpose of making
the said operation and improvement, or deemed to be benefited
thereby; and it shall be lawful for the said commissioners of
estimate and assessment, and they are hereby directed in such,




1200              ACTS RELATING TO THE CITY OF NEW YORK.
each, and every case, to estimate and assess upon the principles
and in the manner herein aforesaid; and to report the sum or
sums which, in their opinion, ought to be allowed and paid to
or by the said mayor, aldermen, and commonalty for the said
loss and damage, or for the said benefit and advantage, as the
case may be, to the said mayor, aldermen, and commonalty, by
and in consequence of such said operation and improvement of
opening the said public square, place, street, avenue, or part or
section of a street or avenue so to be opened, or laying out
aind forming, or extending, enlarging, or otherwise improving,
the said street or public place so to be laid out and formed, or
extended, enlarged, or otherwise improved, as the case may be:
Corporation And provided also, That it shall be lawful for the said mayor,
mlRagree aldermen, and commonalty, at any time or times, either before
interested  or after the appointment of commissioners in the premises, for
ofthe lands any of the purposes aforesaid, to agree with the owners, lessees,
required for
streets et. parties, and persons entitled unto or interested in the lands,
tenements, hereditaments, and premises, that either will be
benefited by, or may be required for the purpose of making, the
operation and improvement intended to be made, or with any
or with either of such owners or other parties interested therein,
for and about the cession of the lands, tenements, hereditaments, and premises required of him, her, or them respectively,
for the purpose of making such said intended operation and improvement, and for and about the compensation and recompense
to be made to him, her, or them, for the same, or for and about
the allowance, or sum or sums, to be allowed and paid by such
owners and parties respectively, or by any or either of them,
for the benefit and advantage of the public square, place, street,
avenue, or part or section of a street or avenue so to be opened,
or the street or public place so to be laid out and formed, or
the extension, enlargement, or other improvement, of the street
or public place so to be extended, enlarged, or otherwise improved, to him, her, or them, over and above the value of the
lands, tenements, hereditaments, and premises, that may be required, if any lands, tenements, hereditaments, or premises, shall
be required of him, her, or them, for the purpose of opening,
laying out, and forming, or extending, enlarging, or otherwise
improving, the same; and in case of any such agreement or
agreements with part only of the said owners, and parties entitled unto and interested in the said lands, tenements, hereditamnents and premises so required for the purpose of making any
such operation and improvement, as aforesaid, or to be benefited
thereby, the same shall be valid and binding upon the parties
thereto; and the said commissioners shall, nevertheless, enter
upon and make or proceed with their said estimate and assessment, and make report to the said court as to the residue of the
said lands, tenements, hereditaments, and premises, required for
the said purpose of making such said operation and improvement, or to be benefited thereby, concerning which the owners




STREETS AND ROADS.                              1201
thereof and parties interested therein shall not agree; and the
said report, when confirmed, shall be of like force and effect, in
regard to the matter comprised therein, as if no such agreement,
as to part of the premises, had been made.
[Secs. 179 and 180, repealed by sec. 11, chap. 209, Laws of
1839.]
CLXXXI. And be it further enacted, That in all cases where Contracts
the whole of any lot or parcel of land, or other premises under landlordand
lease or other contract, shall be taken for any of the purposescease int,
aforesaid, by virtue of this act, all the covenants, contracts, and ta icases.
engagements between landlord and tenant, or any other contracting parties, touching the same or any part thereof, shall,
upon the confirmation of such report in the premises as shall
be confirmed by the court aforesaid, respectively cease and
determine, and be absolutely discharged; and in all cases where
part only of any lot or parcel of land, or other premises so under
lease or other contract, shall be so taken for any of the purposes
aforesaid, all contracts and engagements respecting the same
shall, upon the confirmation of such report in the premises, as
shall be so confirmed as aforesaid, cease, determine, and be
absolutely discharged, as to the part thereof so taken, but shall
remain valid and obligatory as to the residue thereof; and the Rentsto be
apportioned
rents, considerations, and payments reserved or payable, and to inaoertain
be paid for or in respect to the same, shall be so apportioned as otler ases
that the part thereof justly and equitably payable, or that ought
to be paid, for such said residue thereof, and no more, shall be
demanded, or paid, or recoverable, for or in respect of the
same.
CLXXXII. And be it further enacted, That the said commis- cmmi-sion
sioners of estimate and assessment to be appointed under and by posit copy of
virtue of this act, for any of the purposes aforesaid, after com-in clerk's
pleting their said estimate and assessment, and at least fourteen teen days
days before they make their report to the said court, shall beforeomakdeposit a true copy or transcript of such estimate and assessment and give notice thereof
in the clerk's office of the city of New York, for the inspection in two news.
of whomsoever it may concern, and shall give notice by adver- papers
tisement, to be published in at least two of the public newspapers printed in the city of New York, of the said deposit
thereof in the said office, and of the day on which their report
will be presented to the said court; and any person or persons Any person
affected by
whose rights may be affected thereby, and who shall object to assessment
the same or any part thereof, may, within ten days after the first thY reot
publication of the said notice, state his, her, or their objections to the
same in writing, to the said commissioners; and the said commis- Commissionsioners, or such of them as shall make such estimate and assess- rect assessment, in case any objections shall be made to the same, and
stated in writing, as aforesaid, shall reconsider their said estimate
and assessment, or the part or parts thereof so objected to, and
76




1202             ACTS RELATING TO THE CITY OF NEW  YORK.
in case the same -shall appear to them to require correction,
but not otherwise, they shall and may correct the same accordingly.
ardged,    CLXXXIII. And be it further enacted, That the said mayor,
whe to bo aldermen, and commonalty shall, within four calendar months
poation.  after the confirmation of the report of the commissioners in the
premises by the court, pay to the respective persons and bodies
politic or corporate, mentioned or referred to in the said report,
in whose favor any sum  or sums of money shall be estimated
and reported by the said commissioners, the respective sum
or sums so estimated and reported  in  their favor, respectneglct   ively: and in  case  of neglect or default in the payment
payment,  of the same within the time aforesaid, the respective person
parties entitled may or persons, or party or parties, in whose favor the same
sue for same.             p          parties,
shall be so reported, his, her, or their executors, administrators, or successors, at any time  or times, after application
first made by him, her, or them, to the said mayor, aldermen, and commonalty, in common council convened, for payment thereof, may sue for and recover the same, with lawful
interest, from  and after the said application therefor, and the
costs of suit, in any proper form of action against the said mayor,
aldermen, and commonalty, in  any court having cognizance
thereof, and in which it shall be sufficient to declare generally
for so much money due to the plaintiff or plaintiffs therein by
virtue of this act, for premises taken for the purposes herein
mentioned, and it shall be lawful for the plaintiff or plaintiffs to
give any special matter in evidence under such general declaration, and this act, and the report of the said commissioners, with
proof of the right and title of the plaintiff or plaintiffs to the sum
or sums demanded, shall be conclusive evidence in such suit or
action: Provided,
i parties en-  CLXXXIV. And be it further enacted, That whenever the
titled are infants, non  owners and proprietors of any such lands, tenements, hereditaticfeme   ments and premises, so to be taken for any of the purposes
covert, absent, or. aforesaid, or the party or parties, person or persons, interested
known,   therein, or any or either of them, the said owners, proprietors,
money may
be paid into parties, or persons, in whose favor any such sum  or sums, or
compensation, shall be so reported, shall be under the age of
twenty-one years, non conjmpos mentis,feme-covert, or absent from
the city of New York: and also in all cases where the name or
names of the owner or owners, parties or persons, entitled unto
or interested in any lands, tenements, hereditaments, or premises,
that may be so taken for any of the purposes aforesaid, shall
not be set forth or mentioned in the said report, or where
the said owners, parties, or persons, respectively, being named
therein, cannot, upon diligent inquiry, be found, it shall be
lawful for the said mayor, aldermen, and commonalty to pay
the sum  or sums mentioned  in  the said  report, payable,




STREETS AND ROADS.                             1203
or that would be coming to such owners, proprietors, parties,
and persons respectively, into the said supreme court of judicature, to be secured, disposed of, and improved, as the said
court shall direct: and such payment shall be as valid and effectual, in all respects, as if made to the said owners, proprietors,
parties, and persons respectively themselves, according to their
just rights, if they had been known, and had all been present, of
full age, discovert, and compos mentis: And provided also, That Comepensain all and each and every case and cases, where any such sumn or oneperson,
but l eceived
sums, or compensation, so to be reported by the said commis- by another,
sioners in favor of any person or persons, or party or parties cveyby
whatsoever, whether named or not named in the said report, the former
shall be paid to any person or persons, or party or parties whom- latter.
soever, when the  same shall of right belong and ought to
have been paid to some other person or persons, or party or
parties, it shall be lawful for the person or persons, party or parties, to whom  the same ought to have been paid, to sue for
and recover the same, with lawful interest and costs of suit, as
so much money had and received to his, her, or their use, by
the person or persons, party or parties respectively, to whom
the same shall have been so paid.
CLXXXV.  And be it further enacted, That all the moneys All,,non,
which the said mayor, aldermen, and commonalty shall pay, coripoation,
disburse, and expend, or become liable or bound to pay, disburse, poses, to be
and expend, for cessions by agreement, and in discharge or on uponpersons
account of the sums or estimates of compensation and recom- beueted.
pense that may be reported by the commissioners in favor of the
respective persons and parties deemed to be entitled thereto,
and the charges and expenses of the estimate and assessment
and report that may be made in the premises, and all such other
expenses, disbursements, and charges also, as may arise or take
place by and in consequence of the provisions of this act, for and
about the opening of any such public sqluare or place, street,
avenue, or part or section of a street or avenue, so to be opened,
or laying out and forming, or extending, enlarging, or otherwise
improving, any such street or public place so to be laid out
and formed, or extended, enlarged, or otherwise improved,
as the case may be, and the iacquisition of the lands, tenements, hereditaments, and premises required for that purpose
(except such sum  or sums as may be assessed upon the said
mayor, aldermen, and commonalty, according to the provisions
of this act in that behalf), shall be borne and reimbursed and
paid to the said mayor, aldermen, and commonalty, by the parties and persons interested and entitled as owners, or otherwise,
unto and in the lands, tenements, hereditaments, and premises
deemed to be benefited thereby, and the same or the excess and
balance thereof, if any such excess and balance thereof there
shall be, over and above the amount of the sums or assessments
that may be assessed upon the parties and persons, lands and




1204            ACTS RELATING TO THE CITY OF NEW  YORK.
tenements, assessed by the commissioners in the premises for the
benefit of such public square or place, street or avenue, or part
or section of a street or streets so to be opened, or of such street
or public place so to be laid out and formed, or of the extension,
enlargement, or other improvement, of the street or public place
so to be extended, enlarged, or otherwise improved, as the case
may be, together with the charges of the after-mentioned assessment and collection thereof, shall and may be estimated and
assessed upon and among all the owners, occupants and parties
seized or possessed of, or interested in all, the lands, tenements,
hereditaments, and premises not assessed by the said commissioners of estimate and assessment, nor included in their said report, that may be benefited by the said public square or place,
street or avenue, or part or section of a street or avenue, so to
be opened, or the said public square or place so to be laid out
and formed, or the extension, enlargement, or other improvement, of the public street or place so to be extended, enlarged,
or otherwise improved, as the case may be, in proportion, as
nearly as may be, to the advantage which each shall be deemed
Thfeerfrtbe  to acquire thereby; and the said mayor, aldermen, and commonappointed  alty shall appoint three disinterested freeholders to make such
that pur- estimate and assessment, who, before they enter upon the duties
pose.   of their appointment, shall severally take an oath, before the
To bo sworn. mayor, recorder, or one of the aldermen of the said city, to make
the said estimate and assessment fairly and impartially, according to the best of their skill and judgment; and the said freeholders, or any two of them, after having made such estimate
and assessment, shall certify the same and make a return thereof
in writing to the said mayor, aldermen, and commonalty, in
Assessments common council convened, and the same, when ratified and conwhen ratified
by common firmed by the said common council, shall be binding and conclusconcluive. ive upon the parties and persons so to be assessed respectively,
and upon all other persons whomsoever: Provided, however,
That no part of such said moneys, so to be estimated and assessed
by the said assessors, shall be assessed upon any party or person
whomsoever, for or on account of any lands, tenements, hereditaPremises in- ments, or premises, included in the aforesaid report of the comcommission missioners of estimate and assessment, and by them made the
er' steposrt subject of their said estimate and assessment; but if any such
sessed by as-party or person shall be entitled unto or interested in any other
lands, tenements, hereditaments, or premises, not included in
the said report, that may be deemed to bebenefited, as aforesaid,
such party or person shall be assessed therefor in proportion to
the advantage deemed to be acquired in respect to the same.
Sums assess-  CLXXXVI. And be itfurther enacted, That as well the respected by com-.
missioners ive sums so to be assessed by the said assessors upon the owners,
ald assessors,to be a occupants and parties seized or possessed of or interested in the
piremas  lands, tenements, hereditaments, and premises mentioned in the
assesed.  said certificate and return of them, the said assessors; as also the




STREETS AND ROADS.                             1205
respective sums or assessments so to be assessed and reported by
the said commissioners of estimate and assessment as and for the
allowance to be made by the parties and persons respectively in
the said report mentioned or referred to, and intended, as owners
and proprietors of, or parties interested in, lands and premises
deemed to be benefited, for the benefit and advantage of the
public square or place, street, avenue, or part or section of a
street or avenue, or of the extension, enlargement, or other
improvement of the street or public place mentioned in the said
report, shall be a lien or charge on the lands, tenements, hereditaments,
and- premises in the said certificate and return of the said assessors,
or in the said report of the said commissioners, mentioned, or upon
the estate and interest of the respective owners, lessees, and
parties interested in such said lands, tenements, hereditaments,
and premises, for or on account of which the said respective
sums shall be so assessed by the said commissioners or assessors,
as the case may be, upon the said respective owners and proprietors thereof, or parties interested therein; and as well the
said owners and proprietors thereof and parties interested there- Liabie to
in, and also the occupants and each and every of them, shall pay
moreover be respectively liable to pay on demand the respective sum or sums or assessments mentioned in the said certificate
and return of the assessors, or in the said report of the commissioners, as the case may be, at which the respective lands,
tenements, hereditaments, and premises so owned or occupied
by him, her, or them, or wherein he, she, or they, are so interested, or at which the owners and proprietors thereof shall be so
assessed, to such person or persons as the said mayor, aldermen, and commonalty shall appoint to receive the same; and
in default of payment of the same or of any part thereof, it ndeault of
shall be lawful for the said mayor, aldermen, and commonalty, may be
levied by
or any five of them, of whom  the mayor or recorder shall be dtress and
one, by warrant under their hands and seals, to levy the same Sal
with lawful interest thereon, from  and after the expiration of
thirty days from the time of the confirmation of the said report
of the commissioners by the court, or of the said return of the
assessors by the common council, as the case may be, and together also with all the charges and expenses of the proceedings
to be had for the collection thereof, by distress and sale of the
goods and chattels of such owner or owners, occupant or
occupants, or party or parties interested, so refusing or neglecting to pay the same; rendering the overplus (if any overplus
there shall be), after deducting all just charges, to such owner
or owners, occupant or occupants, or party or parties, interest- orrecovered
by action of
ed, or the said respective sums or assessments, with such lawful debt or
interest as aforesaid, may be recovered with all costs and assupsit
charges, by the said mayor, aldermen, and commonalty, from
and against the parties assessed, or the owner or owners of the
respective lands, tenements, hereditaments, and premises whereon or in respect of which the same may be assessed, or set forth




1206            ACTS RELATING TO THE CITY OF NEW YORK.
in the said report of the commissioners, or return of the assessment, as the case may be, or from  or against any or either of
the said parties or owners, without joining any other or others
of them, the said parties or owners therein, by action of debt or
assumpsit, in which it shall be sufficient to declare generally, for
so much money due by virtue of this act to the said mayor,
aldermen, and commonalty, and any matter may be given in
Agreement evidence under such general declaration; Provided, That nothandlord ad ing herein contained shall affect any agreement between landtenant not, 
affecte   lord and tenant, or any other contracting parties, respecting
the payment of any such assessment or charges, but they shall
be answerable to  each other in the same manner as if the
persons pay- provisions il this act contained, concerning the same, had never
mentfor  been made; and if any money, so to be assessed, be paid by,
others, who
oughttopay, or collected or recovered from, any person or persons, when
smay recoer by agreement or by law the same ought to have been borne
and paid by some other person or persons, it shall be lawful
for the person  or persons paying the same, or from whom
the same shall be recovered by distress, suit, or otherwise, to
sue for and recover the money so paid by or recovered from
him  or them, with interest and costs, as so much money paid
for the use of the person or persons who ought to have paid
the same, and the said report of the commissioners, with proof
of payment, shall be conclusive evidence in such suit.
vacancy il   CLXXXVII. And be it further enacted, That in case of the
missioner  death, resignation, or refusal to act, of any such commissioner
led be  of estimate and assessment, to be appointed under and by virtue
of this act for any such aforesaid purpose, it shall and may be
lawful for the court aforesaid, or any one of the justices thereof,
on the application of the mayor, aldermen, and commonalty of
the city of New York, as often as such event shall happen, to
appoint a discreet and disinterested person, being a citizen of
the United States, in the place and stead of such commissioner
so dying, resigning, or refusing to act, and that the surviving
or acting commissioners, as the case may be, shall have full
power to proceed in the execution of the duties of their appointment, until a successor of the commissioner so dying, resigning,
or refusing to act, shall be appointed.
Any two    CLXXXVIII. And be it further enacted, That in all and every
commissionersmayact. case of the appointment of commissioners, by the court aforesaid, for any of the purposes aforesaid, it shall be competent
and lawful for any two of such said commissioners, so to be appointed, to proceed to and execute and perform the trusts and
duties of their said appointment, and their acts shall be as valid
and effectual as the acts of all the commissioners, so to be appointed for such said purpose, if they had acted therein, would
have been; And fJrther, That in all cases the acts, decisions,
and proceedings of the major part of such of the commissioners,




STREETS AND ROADS.                           1207
to be appointed for any of the purposes aforesaid, as shall be
acting in the premises, shall always be as binding, valid, and
effectual as if the said commissioners, named and appointed for
such purpose, had all concurred and joined therein.
CLXXXIX. And be it further enacted, That the commission- Compensaers to be appointed under and by virtue of this act, for any of paid to cornthe purposes aforesaid, who shall enter upon the duties of their missonrs
appointment, shall each be entitled to receive the sum of not
more than four dollars, besides all reasonable expenses for maps,
surveys, and plans, clerk hire and other necessary expenses and
disbursements, for each day they shall respectively be actually
employed in the duties of their appointment, the same to be
paid by the mayor, aldermen, and commonalty of the city of
New York, and included in the before-mentioned assessment
upon the persons and parties deemed to be benefited by the
operation and improvement which shall have occasioned the
appointment of the said commissioners.
CXC. And be it further enacted, That all debts and expenses Debts incurred by
incurred by the said mayor, aldermen, and commonalty, for or comlo,
on account of the opening of any street, avenue, square, or openitg
public place, or any particular part or section of any street or streets may
avenue, laid out by the said commissioners of streets and roads
in the city of New York, under and by virtue of the act, entitled   An act relative to improvements, touching the laying
out of streets and roads in the city of New York, and for other
purposes,"  passed April 3, 1807, may be funded at such
interest, in like manner, and under the same limitations and restrictions, as is authorized by the act, entitled " An act to
regulate the finances of the city of New  York," passed June
8, 1812.
And whereas, the commissioners constituted by the act, entitled " An act relative to improvements, touching the laying
out of streets and roads in the city of New York, and for other
purposes," have completed the business assigned to them  by
the said act:
CXCI. Be it further enacted, That it shall and may be lawful Corportio
for such persons as shall be appointed for that purpose by theto run out
streets over
mayor, aldermen, and commonalty of the city New  York, in landsof pricommon council convened, to enter upon the lands of privateand f xmonpersons, and to run out streets and to fix the boundaries there- mente otc.
of, and to erect monuments, designating such streets and boundaries, according to the maps and plan of the said commissioners, and generally the said persons shall be invested with power
to do all such matters as may be necessary to carry the said
plan into execution: Provided, That the provisions contained in
the seventeenth section of the act, entitled " An act respecting
streets in the city of New York," shall be, and hereby are, ex



1208            ACTS RELATING TO THE CITY OF NEW YORK.
tended  and  applied  to  the  proceedings authorized by this
section.
Right of the   CXCII. And be it further enacted, That all the estate, right,
state to
streets and title, interest, claim, and demand whatsoever of the people of
New York this state, of, in, and to all lands at any time heretofore left for
grpntodtto. streets or highways in the city of New York, by any person
or persons whomsoever, shall be and hereby is vested in the
mayor, aldermen, and commonalty of the city of New York,
and their successors, for the use of streets and highways.
REGULATION AND REPAIR OF PUBLIC ROADS.
comoni     CXCIII. And be it further enacted, That the mayor, alderapointed  men, and commonalty of the city of New  York, in common
ersofhigh- council convened, and their successors, shall continue to be
ays.    commissioners to regulate and keep in repair the present roads
or highways, and to regulate and keep in repair such other
public roads or highways as shall hereafter be laid out or opened
in the said city and county.
Authorized    CXCIV. And be it further enacted, That it shall and may be
to build
bridges and lawful to and for the said commissioners to cause to be made,
causeways
and mak' built and erected such and so many causeways and bridges, and
ditches.                                                    b'   at such places as they shall think necessary, and to cause ditches
from such public roads or highways to be made and cut through
any person's land where they shall judge proper, for conveying the water from and keeping the same roads or highways
dry and in good order, and from time to time to appoint one or
more surveyors or overseers of the said roads or highways,
and to employ laborers and workmen to make and keep the
same in repair.
Penalty for   CXCV. And be it further enacted, That if any person or perobstructing sons shall wantonly spoil or damage any such roads, bridges, or
ro. causeways, or fill up or destroy any of the ditches aforesaid, or
fence across any of the said roads or highways, or erect or set
up any gates thereon, or put or leave in any of them  any
unnecessary obstruction, without leave of the said commissioners, or if any person or persons shall leave a dead horse, or the
carcase of any other beast, or any broken carriage, in any of
the said roads or highways, for any longer time than may be
necessary to remove the same, or set up, in or near the said
roads or highways, anything by which horses are usually affrighted, or shall, by any improper behavior, affright any horse
or traveler on any of the same roads or highways, every such
person shall, for every such offense, forfeit and pay, to the
treasurer or chamberlain of the said city for the time being,
Howrecov- the sum  of five dollars, lawful money of this state, to be reeed     coveed by te same treasurer or chamberlap-in, with costs of
Plied.    covered by the same treasurer or chamberlain, with costs of




STREETS AND ROADS.                             1209
suit, by action of debt, before any court having cognizance
thereof, and, when recovered, to be applied to the repairing and
improving the said roads or highways as the said commissioners shall think fit: And to prevent, as far as possible, the evasion of the good purposes intended by this act, that the owners
of every dead horse, or other nuisance aforesaid, left in any of
the said public roads or highways, shall be deemed to have
put or left the same thereon, unless he or she prove the contrary.
CXCVI. And be it further enacted, That on information being Oversers to
given by any person whomsoever, to the overseer or overseers nuisances
and obstru~of the said roads or highways, of any of the said nuisances or tions.
obstructions, he shall immediately proceed to the removing
thereof, and shall also use his best endeavors to discover the
person or persons who committed the same, who, upon discovery, shall not only be liable to the penalties hereinbefore
appointed, but also to the costs of removing them, and a reasonable compensation to such overseer or overseers for his or their
time or trouble therein, to be recovered by such overseer or
overseers, with costs of suit, before any court having cognizance
thereof, as aforesaid: And further, That every overseer, who shall
neglect or refuse to do his duty according to the true intent and
meaning of this act, shall, for every such neglect or refusal,
forfeit and pay to the treasurer or chamberlain of the said city
for the time being the sum  of twelve dollars and fifty cents,
lawful money, for every offense, to be recovered with costs of
suit, and paid and applied as is directed in and by the last preceding section of this act.
CXCVII. And be it further enacted, That in case any person  etri
or persons shall fell or otherwise destroy any tree or trees stand- trees in or
ing on any of the said roads, or within the distance of one rod
thereof, without the leave of the mayor, aldermen, and commonalty, or of the owner of such tree or trees, such person or persons
shall, for every such offense, forfeit the sum of seven dollars and
fifty cents, to be recovered, paid, and applied as last aforesaid.
PASSING OF CARRIAGES.
CXCVIII. And be it  rther enacted, That in  all cases    Carriages   to
o take right
persons meeting each other in any street or road in the city ofsideof road.
and county of New York, in carriages, wagons, carts, or sleighs,
each person so meeting shall go to that side of the street or road
on his right, so as to enable the carriages, wagons, carts, or
sleighs so meeting to pass each other, under the penalty of five Penalty.
dollars for every offense, to be recovered by an action of debt,
with costs of suit, in any court having cognizance thereof, by
any person suing for the same.




1210             ACTS RELATING TO THE CITY OF NEW  YORK.
fo enalty.   CXCIX. And be it further enacted, That the proprietor of the
carriage, wagon, or sleigh, neglecting or refusing to turn to the
right, as above directed, shall be considered, if present at the time
of such meeting, as the person committing the said offense, and
if absent, then the driver thereof shall be so considered.
SURVEYORS AND THEIR DUTY.
common     CCXXXVII. And be itfurther enacted, That it shall be lawful
council to
regulate  for the mayor, aldermen, and commonalty of the city of New
steets, etc,  York, in common council convened, from time to time, to make
fs to ni-  such by-laws and orders for the better regulating and arranging
with uniformity such new. buildings as shall be erected for habitations, or for the purpose of trade and commerce; and also for
regulating and altering the streets, wharfs, and slips in such
manner as shall be most commodious for shipping and transportAnd to ap- ation, and also from time to time to nominate and appoint two
veyors    or more fit persons to be the surveyors of the buildings, streets,
thereof.
Their duty. wharfs, and slips of the said city, whose duty it shall be to direct
and sea that all buildings, streets, wharfs, and slips, to be laid
out or altered in the said city, be regulated with uniformity for
the accommodation of habitations, shipping, trade, and commerce, according to such by-laws and orders as by the common
council of the said city shall, for that purpose, be made: which
said surveyors shall respectively, before they enter upon the
duties of their office, take the following oath, or affirmation,
before the mayor or recorder, viz.:
And oath.    " I,, appointed a surveyor of the city of New
York, do swear (or affirm, as the case may be), in the presence
of Almighty God, that I will faithfully, truly, and impartially
execute the office of one of the surveyors, of the same city."
1815.-CHAPTER  CLII.
AN ACT relative to Public Squares and Places in the City of New
York. —Passed April 11, 1815.
Preamble.   TWereas, The mayor, aldermen, and commonalty of the city
of New York have, by their memorial to the legislature, prayed,
for the reasons therein contained, that the act to reduce several
laws relating particularly to the city of New York into one act,
passed April 9, 1813, may be amended in the manner hereinafter specified.  And whereas, such prayer appears proper to be
granted; Therefore,
Power ofs   I. Be it enacted by the People of the  State of  New  York,
sionersof  represented in Senate and Assembly, That whenever and as often
estimate and
assessment as commissioners may hereafter be appointed by the supreme
extended.




STREETS AND ROADS.                           1211
court of judicature of this state, or by any one of the justices
thereof, under and by virtue of the one hundred and seventyeighth section, or one hundred and  eighty-seventh section
of the  act hereby amended, for the  purpose of opening
any or either of the public squares or places (other than
and except the streets and avenues) laid out by the commissioners of streets and roads in the city of New York, under and by
virtue of the act entitled " An act relative to improvements
touching the laying out of streets and roads in the city of New
York, and for other purposes," passed April 3, 1807, or any or
either of the said public squares or places, as altered by the
legislature, the said commissioners of estimate and assessment
shall not, in making their estimate and assessment of the value
of the benefit and advantage of such public square or place, be
confined to the lands, tenements, hereditaments, and premises
fronting thereon and lying within half the distance of the next
street or avenue thereto from the same on each side thereof, but
on the contrary thereof, after having made their estimate and
assessment of the loss and damage over and above the benefit and
advantage, and of the benefit and advantage over and above the
loss and damage, and of the equality of the benefit and advantage
to the loss and camage, as the case may be, to the respective
owners, lessees, parties, and persons respectively entitled unto
or interested in the lands, tenements, hereditaments, and premises so required for the purpose by and in consequence of opening
such public square or place, the said commissioners shall proceed
to make a just and equitable estimate and assessment of the
value of the benefit and advantage of such public square or place,
so to be opened by the respective owners, lessees, parties, and
persons respectively entitled unto or interested in the lands, tenements, hereditaments, and premises lying out of the limits of
such public square or place, and which the said commissioners
may deem to be benefited by such public square or place, in
respect to the respective estates and interest of such owners,
lessees, parties, and persons respectively so entitled to or
interested in such said lands, tenements, hereditaments, and
premises so deemed benefited thereby: And the said commissioners shall and may extend their said assessments to any such
lands, tenements, hereditaments, and premises as they may deem
to be benefited by the opening of the said public square or
place, notwithstanding such said lands, tenements, hereditaments, and premises may be situated without and beyond half
the distance of the next street or avenue thereto from such said
public square or place, on any side thereof.
II. And be itfurther enacted, That no such assessment as is Certain oxof penses to bo
directed in and by the one hundred and eighty-fifth section of paid by the
the act hereby amended shall be made after the confirmation of corporatio~
the report of the commissioners, in cases of the opening of such
public squares or places, as aforesaid, but all the excess and bal



121~2          ACTS RELATING TO THE CITY OF NEW YORK.
ance of the sums or estimates of compensation and recompense
that may be reported by the said commissioners, in favor of the
respective persons and parties entitled thereto, and of the
expenses and charges of the estimate and assessment and report
that may be made in the premises, and all other expenses,
disbursements, and charges in the premises over and above the
amount of the sums or assessments which may be assessed by
the said commissioners upon the persons and parties, lands and
tenements, for the benefit of such public square or place, shall
be borne and paid by the mayor, aldermen, and commonalty
of the city of New York, without any such assessment and
collection as is directed in and by the said one hundred and
eighty-fifth section of the said act.
ommissio-  III. And be it further enacted, That the said commissioners
proceed.  shall, in all things, except as above mentioned, proceed in the
execution of the duties of their appointment in manner directed
in and by the act hereby amended; and the report to be made
by them shall, except as aforesaid, be made in the manner
specified by the said act, and the like proceedings shall be had
as to the deposit of the said report in the clerk's office of the
city of New York, and notice thereof, and the confirmation of
such report by the court, of the reference back to the same
commissioners, or to new commissioners, as are prescribed in
and by the said act.
ections of a  IV. And be itfurther enacted, That all and singular the proapplicable to vision, of the act hereby amended, as to the conclusive effect of
lP sqreP the report, the rights accruing to, and liabilities imposed upon, the
etc.    corporation of New York thereupon, and all and every the other
provisions contained in the one hundred and seventy-seventh,
one hundred and seventy-eighth, one hundred and seventy-ninth,
one hundred and eightieth, one hundred and eighty-first, one
hundred and eighty-second, one hundred and eighty-third, one
hundred and eighty-fourth, one hundred and eighty-sixth, one
hundred and eighty-seventh, one hundred and eighty-eighth,
one hundred and eighty-ninth, and one hundred and ninetieth
sections of the said act shall be, and they are hereby, declared
to be applicable to the opening of any public square or place
in the city of New York, excepting only that the commissioners
appointed for that purpose shall not be confined in their estimate and assessment of benefits to any limit or limits whatsoever, and excepting also that the damages awarded by the said
Treasury  commissioners, and the expenses, disbursements, and charges in
the premises shall be borne and paid by the mayor, aldermen,
and commonalty of the city of New York, out of the amount
or sums that may be assessed by the said commissioners upon
the parties and persons, lands and tenements, deemed by them
benefited by the opening of such public square or place, so far
as such amounts or sums assessed may extend, and the surplus




STREETS AND ROADS.                             1213
of such damage, expenses, disbursements, and charges shall be
defrayed out of the city treasury.
1816.-CHAPTER  LXXXI.
AN  ACT relative to the Duties and Powers of Commissioners of
Estimate and Assessment on opening Streets and Avenues.-Passed
April 5, 1816.
TWhereas, The mayor, aldermen, and commonalty of the city Preamble.
of New York have, by their memorial to the legislature, represented, that so much of the existing law in relation to the
opening and improving streets in the said city, as confines the
commissioners' assessments for benefits within certain local limits, is inconvenient in its operation, and have prayed that the
said law  may be amended in that particular; And whereas, the
said prayer appears proper to be granted: Therefore,
I. Be it enacted by the People of the State of New  York, represented in Senate and Assembly, That whenever commissioners of
estimate and assessment may hereafter be appointed by the supreme court of judicature of this state, or by any one of the
justices thereof, for the purpose of opening any street or avenue,
or any part or section of any street or avenue, laid out by the
commissioners of streets and roads in the city of New York,
under and by virtue of the act entitled " An act relative to improvements touching the laying out of streets and roads in the
city of New  York, and for other purposes," passed April 3,
1807, or for the purpose of opening, extending, enlarging,
straightening, altering, or otherwise improving any street, or
part of a street, or public place, already laid out, or hereafter to
be laid out, in that part of the said city not laid out into streets,
avenues, squares, and public places, by the commissioners aforesaid, the said commissioners of estimate and assessment shall not, Commissionin makingtheir estimate and assessment of the value of the benefit mate uot restricted, but
and advantage of the said operation, be confined to any definite to, xtnd~ i
limits, but shall be, and hereby are, authorized to extend such toalllinds
estimate and assessment to any and all such lands, tenements, and which
they may inhereditaments, and premises, as they may deem  to be benefited cluo in
by the said operation, and which they may judge expedient to their report.
include in their report in the premises: Provided, that in all and
every case of opening any street or avenue, or part or section of
any street or avenue, laid out by the aforesaid commissioners of
streets and roads, the said commissioners of estimate and assessment shall not be at liberty to extend such estimate and assessment of the value of the benefit and advantage thereof to any
lands, tenements, hereditaments, or premises, lying on either ssessments
side of such street or avenue, and beyond half the distance oflimited.
the next street or avenue thereto.




1214             ACTS RELATING TO THE CITY OF NEW YORK.
Power of   II. And be it further enacted, That the authority herein and
present and
future con hereby given to commissioners of estimate and assessment, herethossame.  after to be appointed, as aforesaid, is hereby vested in all the
commissioners of estimate who have heretofore been appointed
by the said supreme court, for any of the purposes aforesaid,
and who have not yet made their report of estimate and assessment to the said court in the premises: Andfitrther, that the
ame powerslike authority is vested in the commissioners of estimate and
given to the
ommission- assessment who may be hereafter appointed for the purpose of
rs foropen- performing the duties relative to the opening and extending of
ing Hudseon                             th               ado
street.    Hudson street to the Ninth avenue.
1816.-CHAPTER CLX.
AN  ACTfurther to extend the Powers and Duties of Commissioners of Estimate and Assessment on opening  and improving of
Streets in the City of New  York.-Passed April 16, 1816.
Preamble.    Whereas, The mayor, aldermen, and commonalty of the city
of New York have, by their memorial, represented to the legislature that the opening and improving of streets in the compactly built part of the said city will not unfrequently render
it necessary that a new regulation should take place in the elevation or depression of streets already regulated previous to such
improvement; that, by  such  new  regulation, the  buildings
erected upon such streets in conformity with the previous regulation thereof may be essentially damaged; and that no provision is made by the existing laws to afford indemnity, to the
owners of property thus injured, for the loss and damage which
may be sustained by them in the premises, and have prayed legislative aid for the purpose of such indemnity: Therefore,
Profiles and   I. Be it enacted by the People ot the State of New York, represented
streetc., in Senate and Assembly, That whenever and as often as commissht bye     sioners of estimate and assessment shall hereafter be appointed unth corPora- der and by virtue of the act entitled " An act to reduce several
laws relating particularly to the city of New York into one act,"
passed April 9, 1813, to perform the duties prescribed by the
said act, and the acts amending the same, relative to the opening, exing, ext ng, enlarging, straightening, altering, or otherwise
improving any street or streets, or part of a street, or public place
or places, in any part of the said city, not laid out into streets,
avenues, squares, and public places, by the commissioners of
streets and roads in the said city, under and by virtue of the act
entitled "An act relative to improvements touching the'laying
out of streets and roads in the city of New York, and for other
purposes," passed April 3, 1807; and also in all and every case
and cases where such commissioners of estimate and assessment
have been heretofore appointed under the first above mentioned




STREETS AND ROADS.                           1215
act, to perform the said duties, and have not yet made their report of estimate and assessment to the supreme court of this
state, it shall be the duty of the said commissioners, in each case,
before the completion of their estimate and assessments in the
premises, to obtain from  the corporation of the city of New
York a profile or plan, showing the intended regulation of such
street, or part of a street, orpublic place, as to the elevation or depression thereof, after the same shall be opened, extended, enlarged, straightened, altered, or otherwise improved, as the case may
be; and also profiles or plans, if they shall deem the same useful,
showing the intended regulation ofthe adjacent street or streets, as
to the elevation or depression thereof, after such improvement; and
if the said commissioners of estimate and assessment shall judge
that such intended regulation will injure any building or buildings not required to be taken for the purpose of opening, extending, enlarging, straightening, altering, or -improving such
street, or part of a street, or public place, they shall proceed to
make (together with the other estimates and assessments required by the first above mentioned act to be made by them) a
just and equitable estimate and assessment of the loss and damage Esitaend
which will accrue, by and in consequence of such intended reg- assessment
ulation, to the respective owners, lessees, parties, and persons, b
respectively, entitled untoor interested in the said building or
buildings so to be injured by the said intended regulation; and
the sums or estimates of compensation and recompense for such
loss and damage shall be included by the said commissioners in
their general report of estimate and assessment, which they shall
make in relation to the intended improvement of the street or
public place so to be opened, extended, enlarged, straightened,
altered, or improved; and the report of the said commissioners,
as to such damage and loss, and as to the persons or parties who
are to receive the compensation or recompense reported, shall be
made in the manner directed by the first above mentioned act as
to other damages reported by the said commissioners.
II. And be it further enacted, That the sums or estimates of ompensacompensation or recompense for the damages aforesaid, reported tion lg am
by the said commissioners, shall be paid by the said mayor, w to be
aldermen, and commonalty of the city of New York, at the time
and in the manner prescribed by the first above mentioned act,
for the payment of the damages reported by commissioners of
estimate and assessment, in favor of the persons and parties
whom  they deem  entitled thereto; and the said sums or estimates of compensation and recompense shall be borne and reimbursed to the said mayor, aldermen, and commonalty, by the
persons and parties interested and entitled, as owners or otherwise, unto or in the lands, tenements, hereditaments, and premises deemed to be benefited by the opening, extending, enlarging, straightening, altering, or improving the street or public
place, the opening, extending, enlarging, straightening, altering,




1216             ACTS RELATING TO THE CITY OF NEW YORK.
or improving of which, and the subsequent regulation of the
same or of the adjacent street, shall or may produce such damage
or loss; and the said commissioners, or the assessors to be appointed by the said mayor, aldermen, and commonalty, under
and by virtue of the said first above mentioned act, shall assess
the said sums upon and among the said persons and parties interested and entitled, as owners or otherwise, unto or in the
said lands, tenements, hereditaments, and premises deemed to
be benefited by the opening, extending, enlarging, straightening, altering, or improving such street or public place, in the
same manner as though the said sums had been awarded for
damages for lands or premises required for the purpose of opening, extending, enlarging, straightening, altering, or improving
the said street or public place.
1818.-CHAPTER CCX.
AN ACT relative to the opening and enlarging Streets in the City
of aNew York.-Passed April 20, 1818.
Corporation   I. Be it enacted by the People of the State of New  York, reprcmaysuspend sented in Senate and Assembly, That the mayor, aldermen, and
opeiteet commonalty of the city of New  York, may suspend the openfoa limited ing, extending, enlarging, altering and improving of any street,
road, avenue, or public place, which may be ordered to be opened,
extended, enlarged, or altered in the said city, in pursuance of the
provisions of the act, entitled " An act to reduce several laws
relating particularly to the city of New York into one act," for
such time or times as they shall think proper, not exceeding
fifteen months in the whole, after the confirmation of the report
And are not of the commissioners of estimate and assessment: And further,
required to
paythesums That the said mayor, aldermen, and commonalty shall not be
al, det - required to pay any sums of money, which may be awarded to
any person, on account of the opening, extending, enlarging,
altering, and improving, of any such street, road, avenue, or public place, until the expiration of four months after the expiration of the time or times which may be appointed by them, as
aforesaid, for carrying the said improvements into effect.
Commission-  II. And be it further enacted, That it shall be lawful for the
ers may administer cer- commissioners of estimate and assessment, who are, or who mlay
taioaths. be hereafter, appointed by the supreme court, in pursuance of
the provisions of the act last above mentioned, to administer
oaths in all cases in any manner appertaining to the opening,
extending, enlarging, or altering of any street or public place in
the said city.




STREETS AND ROADS.                            1217
1818.-CHAPTER  CCXIII.
AN ACT authorizing the Mayor, Aldermen, and Commonalty  f Preamble.
the City of New York to close Streets and Roads.-Passed April
20, 1818.
Whereas, the mayor, aldermen, and commonalty of the city
of New York have, by their memorial, represented to the legislature that there are, within the said roads, streets, lanes, and
alleys, and parts of streets, roads, lanes, and alleys which might
be closed without detriment to the public, and that they are
willing to pay to individuals all the damages which they may sustain in consequence of closing the same. Therefore,
I. Be it enacted by the People of the State of New  Yoi'k, repre- regated i
sented tz  Senate and Assembly, That it shall be lawful for the caroads,
etc., are
mayor, aldermen, and commonalty of the city of New York, closed.
from time to time, whenever they shall judge proper, to cause
hpplication to be make to the supreme court of judicature of
this state, for the appointment of commissioners for the purpose
of performing the duties hereinafter prescribed; and upon such
application, it shall be lawful for the said court, to whom  such
application shall be made, to nominate and appoint three discreet
and disinterested persons commissioners of estimate, for the
purpose of performing the duties hereinafter prescribed; which
said commissioners, before they enter upon the performance of Commission
the duties of their appointment, shall severally take and sub- eos to tlke
scribe an oath or affirmation, before some person authorized by a at
law to administer an oath, "faithfully to perform the trust and
duties required of them by this act," which oath or affirmation
shall be filed in the clerk's office of the city of New York; and
it shall be the duty of the said commissioners, as soon as conveniently may be after their appointment, to make a just and Tosia.iU
true estimate of the loss and damage to the respective owners,
lessees, parties, and persons respectively entitled unto, or interested in, any lands, tenements, hereditaments, or premises, by or
in consequence of closing any road, street, lane, or alley, or any
part of any road, street, lane, or alley, and converting the same
to the use of the said mayor, aldermen, and commonalty, and
to report thereon to the said supreme court of judicature with- arePrt
out unnecessary delay, and in the said report the commissioners the suprenit
who shall make the same shall set forth the names of the re- the nature
and terms of
spective owners, lessees, parties, and persons aforesaid entitled such rport.
unto, or interested in, the lands, tenements, hereditaments, and
premises aforesaid, and each and every part and parcel thereof,
as far forth as the same shall be ascertained by them, and an apt
and sufficient designation or description of the same; but in
each and every case and cases, when the owners and parties
interested, or their respective estates and interests, are unknown or not fully known to the said commissioners, it shall
be sufficient for them to estimate and set forth and state in their
77




1218              ACTS RELATING TO THE CITY OF NEW  YORK.
said report, in general terms, the respective sums to be allowed
and paid to the owners and proprietors generally of such lands,
tenements, hereditaments, and premises, for the loss and damage
to such owners, proprietors, and parties interested, in respect to
the whole estate and interest of whomsoever may be entitled
unto, or interested in, the same, by and in consequence of closing
any such road, street, lane, or alley, or any part of any road,
street, lane, or alley, without specifying the names or the estates
or interests of such owners, proprietors, and parties interested,
or any of them, in the premises aforesaid; and upon the coming
Powerof the in of the said report, signed by the said commissioners, or any
supreme
court in the two of them, the said court shall, by rule or order, after hearing
premise'  any matter which may be alleged against the same, either confirm the said report or refer the same to the same commissioners
for revisal and correction, or to  new  commissioners to be
appointed by the said court, to reconsider the subject matter
thereof; and the said commissioners to whom  the said report
shall be so referred shall return the said report, corrected and
revised, or a new report to be made by them in the premises, to
the said court, without unnecessary delay; and the same, on being
so returned, shall be confirmed, or again referred by the said
court, in manner aforesaid, as right and justice shall require, and
so from time to time, until a report shall be made or returned
in the premises, which the said court shall confirm, and such
report, when so confirmed, by the said court, shall be final and
conclusive, as well upon the said mayor, aldermen, and commonalty of the city of New York, as upon the owners, lessees, and persons and parties interested in and entitled unto the
lands, tenements, hereditaments, and premises, mentioned in the
said report, and also upon all other persons whomsoever, and
When corpo- on such final confirmation of such report by the said court, the
ed vested of mayor, aldermen, and  commonalty of the city of New  York
t road,  shall become and be  seized in fee simple absolute of all such
roads, streets, lanes, alleys, or parts of such roads, streets, lanes,
or alleys, as they may pray to have closed in the application
which they may make, as aforesaid; And thereupon, The said
mayor, aldermen, and commonalty, or any person or persons
acting under their authority, may at any time or times thereafter take the sole and exclusive possession of the same.
Transcript of  II. And be it further enacted, That the said commissioners of
estimate
whereto be estimate, to be appointed under and by virtue of this act, after
deposited.  completipg their said estimate, and at least fourteen days before
they make their report to the said court, shall deposit a true
copy or transcript of such estimate in the clerk's office in the
city of New York, for the inspection of whomsoever it may
And notice concern, and shall give notice, by advertisements to be published
to be published and in at least two of the public newspapers, printed in the said
how.    city of New York, of the said deposit thereof in the said office,
and of the day on which their report will be presented to the




STREETS AND ROADS.                             1219
said court, and any person and persons, whose rights may be
affected thereby, and who shall object to the same, or any part
thereof, may, within ten days after the first publication of the
said notice, state his, her, or their objections to the same in
writing, to the said commissioners, and the said commissioners,
or such of them as shall make such estimate, in case any objections shall be-made to the same, and stated in writing, as aforesaid, shall reconsider their said estimates, or the part or parts
thereof so objected to, and in case the same shall appear to them
to require correction, but not otherwise, they shall and may
correct the same accordingly.
III. And be itfurther enacted, That the said mayor, aldermen, Corpytth~
and commonalty shall, within four months after the confirma- sumsastion of the report of the commissioners in the premises, by the
court, pay to the respective persons and parties mentioned, or
referred to, in said report, in whose favor any sum  or sums of
money shall be estimated and reported, by the said commissioners, the respective sum or sums so estimated and reported
in their favor respectively; and in case of neglect or default in Proceedings
the payment of the same within the time aforesaid, the respect- neglect, or
ive person or persons, or party or parties, in whose favor the paultto
same shall be so reported, his, her, or their executors, administrators, or successors, at any time or times after application first
made by him, her, or them, to the said mayor, aldermen, and
commonalty, in common council convened, for payment thereof,
may sue for and recover the same, with lawful interest, from
and after the said application therefor, and the costs of suit, in
proper form  of action, against the said mayor, aldermen, and
commonalty, in any court having cognizance thereof, and in
which it shall be sufficient to declare, generally, for so much
money due to the plaintiff or plaintiffs therein, by virtue of this
act, for premises taken by virtue thereof, and it shall be lawful
for the plaintiff or plaintiffs to give any special matter in evidence, under such general declaration and this act, and the
report of the said commissioners, with proof of the right and
title of the plaintiff and plaintiffs to the sum or sums demanded,
shall be conclusive evidence in such suit or action: Provided,
IV. And be it further enacted, That whenever the owners and Provision
proprietors of any such lands, tenements,,hereditaments, and rs aroew
premises, to be taken by virtue of this act, or the party or,,f"eS
parties, person or persons, interested therein, or any or either of abset.
them, the said owners, proprietors, parties, or persons, in whose
favor any such sum  or sums, or compensation shall be so reported, shall be under the age of twenty-one years, non compos
mentis, feme covert, or absent from the city of New York, and
also in all cases where the name or names of. the owner or
owners, party or persons, entitled unto, or interested in, any
lands, tenements, hereditaments, or premises, that may be so




1220             ACTS RELATING TO THE CITY OF NEW YORK.
taken, shall not be set forth or mentioned in the said report, or
where the said owners, party, or persons, respectively, being
named therein, cannot, upon diligent inquiry, be found, it shall
be lawful for the said mayor, aldermen, and commonalty to pay
the sum or sums mentioned in the said report payable, or that
would be coming to such owners, proprietors, parties, and persons respectively, into the said supreme court of judicature, to
be secured, disposed of, and improved as the said court shall
direct, and such payment shall be as valid and effectual in all
respects as if made to the same owners, proprietors, parties, and
persons respectively, themselves, according to their just rights,
if they had been known and had all been present, of full age,
Remedy   discovert, and compos mentis: And provided also, That in all and
oeys are in each and every case and cases, where any such sum, or sums,
ties notPe- or compensation, so to be reported by the said commissioners, in
titled there- favor of any person or persons, and party or parties whatsoever,
to.
whether named or not named in the said report, shall be paid
to any person or persons, or party or parties, whomsoever, where
the same shall of right belong and ought to have been paid to
some other person and persons, or party or parties, it shall be
lawful for the said person or persons, or party or parties, to
whom the same ought to have been paid, to sue for and recover
the same, with lawful interest and costs of suit, from the person
or persons, party or parties, to whom  the same shall have been
paid, as so much money had and received to the use of the said
plaintiff or plaintiffs, by the person or persons, party or parties,
respectively, to whom the same shall have been so paid.
Vacancies in   V. And be itfurther enacted, That in case of the death, resigcommissioners,how   nation, or refusal to act of any such commissioners of estimates,
d.    to be appointed under and by virtue of this act, it shall and
may be lawful for the court aforesaid, or any one of the justices
thereof, on the application of the mayor, aldermen, and commonalty of the city of New York, as often as such event shall
happen, to appoint a discreet and disinterested person, being a
citizen of the said city of New York, in the place and stead of
such commissioner so dying, resigning, or refusing to act, and
Prowiofur- that the surviving or acting commissioners, as the case may be,
missioners. shall have full power to proceed in the execution of the duties
of their appointment, until a successor of the commissioner, so
dying, resigning, or refusing to act, shall be appointed.
To of the    VI. And be it further enacted, That in all and every case of
commnissiones may act. the appointment of commissioners under this act, it shall be
competent and lawful for any two of such said commissioners,
to be appointed, to proceed to and execute and perform  the
trust and duties of their said appointment, and their acts shall
be as valid and effectual as the acts of all the commissioners so
to be appointed, if they had acted therein, would have been:
And further, That in all cases the acts, proceedings, and decisions




STREETS AND ROADS.                           1221
of a major part of such of the commissioners as shall be acting lajority to
in the premises shall be as binding, valid, and effectual as if the
said commissioners named and appointed for such purpose had
all concurred and joined therein.
VII. And be itjfrther enacted, That the commissioners to be compensaappointed under and by virtue of this act, who shall enter upon missioners.
the duties of their appointment, shall each be entitled to receive
the sum  of not more than four dollars, besides all reasonable
expenses for maps, surveys, clerk hire, and other necessary expenses and disbursements, for each day they shall respectively
be actually employed in the duties of their appointment, and
the same shall be paid by the mayor, aldermen, and commonalty
of the city of New York.
VIII. And be itfurther enacted, That whenever and as often as Proceedings
the mayor, aldermen, and commonalty of the city of New York and to opetn
shall be desirous to open, lay out, or form  any street or public d lay out,
place, or to extend, enlarge, straighten, alter, or otherwise im- streeti ay
prove any street or public place, which shall be contiguous to,
or in the neighborhood of, any lot of ground fronting on any
street, or part of a street, which they may pray to have closed,
as aforesaid, that then it shall be lawful for them  to unite in
such application, as aforesaid, an application to the said court
to open, lay out, and form any such street or public place, or to
extend, enlarge, straighten, alter, or otherwise improve, any such
street or public place, in pursuance of the provisions of the
act, entitled " An act to reduce several laws relating particularly
to the city of New York into one act," and the acts in amendment thereof.
IX. And be itfirrther enacted, That when applications to close Duty and
proceedings
and to open, extend, enlarge, straighten, or alter, any street, of the cornlane, alley, or public place, shall be united in the same applica- ih  e.
tion, as aforesaid, that it shall be the duty of the said commissioners to proceed to and make a just and equitable estimate
and assessment of the loss and damage, if any, over and above
the benefit and advantage, or of the benefit and advantage, if
any, over and above the loss and damage, as the case may be,
to the respective owners, lessees, parties, and persons respectively entitled unto, or interested in, the lands, tenements, hereditaments, and premises, fronting on any road, street, lane, or
alley, which application may be made to close, as aforesaid, by
and in consequence of closing any such road, street, lane, or
alley, or opening, extending, enlarging, straightening, or altering, any such street or public place; and that it shall not be Ownerset.,
lawful for the said owners, lessees, parties, and persons, respect- to the damively, as aforesaid, to recover from  the said mayor, aldermen, heabovent
and commonalty any larger sum  on account of the premises
than the sum so estimated to be their loss and damage over and
above their benefit and advantage.




1222              ACTS RELATING TO THE CITY OF NEW  YORK.
Dwhage     X. And be it further enacted, That when applications shall be
how dedult- joined, as aforesaid, that it shall be the duty of the said commaisbenefit.   sioners to deduct from  the amount of the damages which may
be sustained by and in consequence of opening, laying out, and
forming any street or public place, or extending, enlarging,
straightening, altering, or otherwise improving, any street or
public place, the amount which the road, street, lane, or alley
may be worth, if any, over and above the sum which the said
mayor; aldermen, and commonalty may be required to pay for
Whees tbe  the same, as aforesaid, and to assess that sum  upon the said
the corpora- mayor, aldermen, and commonalty; or, if the sum which they
shall be required to pay for the same, as aforesaid, shall exceed
the value of the same, and then it shall be the duty of the said
commissioners to  award to  the said mayor, aldermen, and
commonalty the amount of such deficiency, and to assess the
same upon the property of those which may be benefited, as
aforesaid.
Covenants,    XI. And be itfurther enacted, That in all cases when no part
etc., betweenland- of any lot or parcel of land, or other premises, under lease or
lord and -
tenant, etc., other contract, shall be contiguous to any road, street, lane, or
when dis-                cl
charged.  alley, after the closing of a road, street, lane, or alley, as aforesaid, that all the covenants, contracts, and agreements, between
landlord and tenant, or any other contracting parties, touching
the same, or any part thereof, shall, upon the confirmation of
such report, in the premises, by the said court, respectively
cease and determine, and be absolutely discharged.
1839.-CHAPTER  CCIX.
ANA CT to amend an Act, entitled "An Act to reduce several Laws
relating particularly to the City of New  York into one Act."Passed April 20, 1839.(1)'The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Certain ap-    SEC. 1. Whenever and as often as any lands, tenements, hereplications
for commis- ditaments or premises shall be required for any purpose specified
wieretobe in an act, entitled "An act to reduce several laws relating par"ade.    ticularly to the city of New York into one act," passed April
9, 1813, the application for the appointment of commissioners
of estimate and assessment shall not be made to the supreme
court, elsewhere than in the city of New York, except at the
city of Albany, in the months of April, June, July, August,
September, October, November, and December; and the appli(1) Such parts of this act as are inconsistent with the act of April 24, 1862 (chap.
483, Laws 1862) were repealed by that act.




STREETS AND ROADS.                           1223
cation for the confirmation of the report of the commissioners And for con
of estimate ard assessment shall be made to the supreme court
at the term  thereof, held in the city of New York; or at such
special term, to be held in the city of New York, as the supreme
court may appoint for that purpose; and if, upon hearing such Proceeding,
application, persons who appear by the said report to be inter- discouested, either by assessment for benefit or award for damages, to tinued.
the amount of a majority in amount of the whole assessments
and awards, shall appear and object to further proceedings upon
the said report, the court shall order the same to be discontinued,
and the same shall thenceforth be discontinued.
SEC. 2. The commissioners of estimate and assessment shall Commissioners, how apbe appointed as follows: the mayor, aldermen, and commonalty pointed.
of the said city shall give notice by advertisement, to be published in at least four of the public newspapers printed in the
said city, of their intention to make application to the said court
for the appointment of such commissioners, which notice shall
specify the time and place of such application, and the nature
and extent of the intended improvement, and shall be so published for and during the space of twenty days previous to the
said appointment; and they shall, in addition to the said advertisement, cause copies of the same, in handbills, to be posted
up for the same space of time, in three conspicuous places adjacent to the property to be affected by the intended improvement. At the time thus specified, the mayor, aldermen, and
commonalty shall nominate three discreet and disinterested
persons to said court, of whom they shall designate one, who
shall be appointed. Any person, who may be interested in the
property which will be affected by the intended improvement
(which interest, for that purpose, shall be decided by his own
affidavit,,stating the nature and extent of such interest), may
present to the court the name of one or more persons, which
names shall form a list, out of which, if a majority in interest
of the persons so interested shall agree upon the name of one
person, that person shall be appointed; but if a majority shall
not agree upon one person, then the court shall appoint one
person out of the names in such list; after which, the said court
shall appoint a third person, out of the names so presented by
the common council and by the parties interested; all of which
persons so nominated shall be subject to the right of challenge
on the ground of interest, incapacity, or disqualification, to be
exercised by the said mayor, aldermen, and commonalty, or by
any person having an interest in the said matter; and if any of
them be rejected for good cause, or refuse to serve, then another
shall be nominated in his stead by the same party.
SEC. 3. It shall be the duty of the said commissioners, in all Ieport
of commiscases, to report fully and separately to the said court the amount sioners.
of loss and damage and of benefit and advantage to each and




1224             ACTS RELATING TO THE CITY OF NEW  YORK.
every owner, lessee, party, and person entitled unto, or interested
in, any lands, tenements, hereditaments, or premises, so required
for the purpose of any such operation or improvement.
Abstract,    SEC. 4. An abstract of the estimate and assessment of the
etc., where
to bedepos- said commissioners, containing the names of the owners of the
te  lots assessed, the numbers of such lots as they appear on the
map of the commissioners, together with such map, and the
amount of the assessments, whether for damage or benefit, and
also all the affidavits, estimates, and other documents which were
used by the said commissioners in making their said report, shall
be deposited in the street commissioner's office of the city and
county of New York, for the inspection of whomsoever it may
concern, for at least sixty days before the said commissioners
Notice of  make their report to the said court. They shall give notice of the
port.    time and place of making their said report, by advertisement, to
be published in at least four of the public newspapers printed
in the said city, for and during the space of at least sixty days,
previous to the making of said report to the said court, and by
copies of the said advertisement, in handbills, to be posted up
for the same space of time, in the manner hereinbefore directed.
Similar notice, for at least twenty days, shall be given of any
supplemental or amended report.
Objection to   SEC. 5. Any person or persons whose rights may be affected
asmet.'by the said estimate and assessment, and who shall object to
the same or any part thereof, may, within thirty days after
the first publication of the said notice, state his, her, or their
objections to the same in writing to the said commissioners;
which statements shall not be received by the said commissioners, unless verified by his, her, or their affidavits, or the
affidavits of other persons, or both; and it shall be the duty
of the said commissioners, in all cases, to transmit to the
said court, together with their said report, all the written statements and affidavits which may have been served upon them
within the time aforesaid. And, at the expiration of the said
thirty days, it shall be the duty of the said commissioners to
give at least ten days' notice in manner aforesaid, of a time and
place when and where any person or persons, who may consider
themselves aggrieved by such estimate or assessment, shall be
heard in opposition to the same; and the said commissioners
shall have power to adjourn, from time to time, within the
space of ten judicial days, until all such person or persons are
fully heard.
Witness,    SEC. 6. Upon the application of any person or persons whose
pelledto  rights may be affected by the said estimate or assessment, veritestify.   fled by the oath or affirmation of such applicant, or his agent,
that any witness residing or being in the city and county of
New York, whose affidavit to, verify or oppose any objection to




STREETS AND ROADS.                          1225
the said estimate or assessment is material or necessary to such
party, refuses voluntarily to appear before any officer authorized
to take such affidavit, to testify or affirm to such matters as he
may know, touching such objection, any one of the justices of
the superior court of the city of New York may issue a subpoena, under his hand, requiring such witness to appear and
testify to such matters as he may know, touching the said
estimate or assessment, at such time and place as the said
justice may designate in such subpoena.  And every person
who, being served with such subpoena, shall, without reasonable cause, refuse or neglect to appear, or, appearing, shall
refuse to answer, under oath or affirmation, touching the matters
aforesaid, shall forfeit to the party injured one hundred dollars;
and may also be committed to prison by the judge who issued
such subpoena, there to remain, without bail, and without the
liberties of the jail, until he shall submit to answer, under oath
or affirmation, as aforesaid. The testimony of such witness,
when given, shall be reduced to writing in-the presence of and
be sworn or affirmed to before such judge.
SEC. 7. The said mayor, aldermen, and commonalty shall be
authorized, at any time previous to the confirmation of the report
by the said court, to discontinue all further proceedings relative
to said improvement, without the necessity of an1 application to
said court for leave so to do.
SEC. 8. Whenever an, estimate and assessment, for loss and Interesto
damage, and for benefit and advantage, shall be made by the said assessment.
commissioners relative to the same person or persons, no interest shall be demanded from such person or persons upon the
amount assessed for benefit and advantage, except on the excess
of the amount he is to pay over and above the amount he is to
receive for, or in consequence of, any intervening time between
the period fixed for the receipt of the amount of benefit and advantage and the payment of the amount of loss and damage.
SEC. 9. All motions (except as hereinbefore provided) made Noticeof
under and by virtue of the act hereby amended, before the be pubsaid court, or any court to which an appeal may have been lishe
made, shall be upon giving previous notice of the time, place,
and object of such motion, to be published for at least fourteen
days in four of the public newspapers, and by copies of said
notice in handbills, to be posted up for the same space of time
in the manner hereinbefore directed.
Notice of
owners beSEC. 10. No real estate or other property shall be sold or ad- fore adververtised for sale, for the non-payment of any assessment or tax of lands.
laid upon real estate, unless notice in writing shall have been [lepealed,
left at the residence of the owner or owners, if residing in the lates to
city of New York; or if, upon diligent inquiry, such owner or act Apri 18,'
1843, p. 866.1




1226             ACTS RELATING TO THE CITY OF NEW  YORK.
owners cannot be found, then at the residence of the tenant or
tenants upon the said premises, at least twenty days previous to
such advertisement; and if such owner or owners do not reside
in said city, or, upon diligent inquiry, cannot be found, and the
premises are without a tenant or tenants, then such notice in
writing shall be put up for the same space of time, in some conspicuous place on the premises so assessed or taxed.
Secionsre-   SEC. 11. The one hundred and seventy-ninth and one hundred and eightieth sections of the act hereby amended  are
repealed.
omstsofcors-  SEC. 12. No costs or charges to the said commissioners, their
etc., tobe attorney, counsel, or others, shall be paid or allowed for any
services performed under this act, or the act hereby amended,
unless the same shall be taxed by the said court, who are required
to make rules to apply to the said bill of costs the existing laws
in relation to the taxation of costs, and the nature and proof of
the services rendered, and disbursements charged, as far as the
same can be made applicable; and no unnecessary cost or
charges shall be allowed.  Public notice of the time ancl place
Notice of  of the taxation of costs shall be given, for the same time and in
taxation to
be pub-  the same manner as notices are required to be given by the
lished.   above ninth section; and a copy of the bill of costs, containing
items and particular services performed, shall be deposited in
the office of the street commissioner at the time of the first publication of such notice.
Repealing    SEC. 13. So much of the act aforesaid, or any other act,
clause.
as is inconsistent with the provisions of this act, is hereby
repealed.
When to   SEC. 14. This act shall take effect on its passage; but no
part thereof, except the ninth and twelfth sections, shall affect
in any respect any proceedings under the act hereby amended,
which may have been commenced previous to the passage of
this act.
1851.-CHAPTER  CLVI.
AN ACT to remove certain Papers, relating to the City of New
York, from  the office of the Clerk of the Court of Appeals to
the office of the Clerk of the City and County of New York.Passed April 12,. 1851.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The clerk of the court of appeals shall, within twenty
days after the passage of this act, transfer and deliver all records,




STREETS AND ROADS.                           1227
documents, and papers now in his custody, relating to the
opening, widening, altering, extending, or improving streets,
roads, avenues, public squares, or public places, in the city of
New York, to the clerk of the city and county of New York.
SEC. 2. It shall be the duty of the clerl of the city and
county of New York to procure the said records, documents,
and papers, and deposit them in his office in the city of New
York, and to arrange the same for convenient reference.
1852.- CHAPTER LII.
AN ACT to make permanent the Grades of the Streets and Avenues
of the City of New York. —Passed March 4, 1852, " three-fifths
being present."
The People of the State of New York, represented in Senate and
Assembly, do enact asfollows:
SEC. 1. The grades of the streets and avenues of the city ofGradesof
New York, as now fixed and established by the common coun-streets not
cil thereof, south of Sixty-third street in said city, or which tobealtered
shall be hereafter fixed and established by said common council,
north of Sixty-second street, shall not be changed or altered
except as hereinafter provided.
SEC. 2. Whenever an application.shall be made to said cor- Notice of
application
mon council, to change or alter the grade of any street or ave- fop any
nue in said city, already established south of Sixty-third street, change of
or which may hereafter be established north of Sixty-second published.
street, in whole or in part, or if at any time the said common
council shall deem  it expedient to alter or change any such
grade, in whole or in part, it shall be the duty of the street commissioner of said city to give notice ot such application or
intention, and the said notice shall be published in at least four
daily newspapers in said city for ten days, before it shall be lawful
for the said common council to take any action upon such application, or upon such proceeding for the change of such grade;
and it shall not be lawful for the said common council to alter
or change, in whole or in part, the grade of any street or avenue
in said city, now established, south of Sixty-third street, or
which may hereafter be established, north of Sixty-second street,
except upon the written consent of the owners of at least two- Written con
thirds of the land in lineal feet, fronting on each side of street, third of
or avenue, opposte to and adjoining that part thereof, the grade neWssry
of which is to be changed or altered.  And hereafter, whenever
the said common council shall propose to establish, change, or
alter the grade of any street or avenue of said city, north of Streets north
Sixty-second street, like notice of such intention shall be pub- seond
lished, as provided for in this section.                       street.




1228             ACTS RELATING TO THE CITY OF NEW YORK.
estimate oss  SEC. 3. In all cases where the grade of any street or avenue
auddamage now  established, south of Sixty-third street, or which shall
to owners of
land, and  hereafter be established north of said Sixty-second street, shall
ofamount. be changed or altered, in whole or in part, it shall be the duty
of the assessors appointed to estimate and assess the expense of
conforming to such change of grade, and regulating the street
or avenue in accordance therewith, to estimate the loss and
damage which each owner of land, fronting on such street or
avenue, will sustain, by reason of such change to such lands, or
to any improvements thereon; and make a just and equitable
award of the amount of such loss or damage, to the owner or
owners of such lands or tenements fronting on such street or
avenue, and opposite thereto, and affected by such change of
grade, and the amount of such award shall be included in the
expense of such proceeding, and with such expense shall be
assessed as provided in and by the one hundred and seventy-fifth
section of the act of April 9, 1813, entitled 1' An act to reduce
several laws relating particularly to the city of New York into
one act."
Amount of   SEC. 4. The mayor, aldermen, and commonalty of the city of
award to be
paid by   New York shall, within four months after the ratification of the
mayor, t  assessment of the said assessors, pay to the respective parties
entitled thereunto the amount of such awards in their favor
respectively; and, in case of their neglect or default to pay the
same after demand made therefor, it shall be lawful for the person or persons entitled to the same, to sue for and recover the
amount of said awards, and in case any such award or compensation shall be paid to any person or persons not entitled thereto,
when the same ought to have been paid to some other person
or persons, it shall be lawful for the person or persons to whom
Whennot the same ought to have been paid to sue for and recover the
paid to the
right peron same, with lawful interest and costs of suits, as so much money
may sue and had and received to his, her, or their use, by the person or perrecover.
sons, respectively, to whom the same shall have been so paid.
Proviso.   Provided, That when the name or names of the owner or owners,
party or parties, are not set forth in the report of the assessors,
or where the said owners, parties or persons, respectively, being
named therein, shall be insane, a married woman, under the age
of twenty-one years, or absent from the city, or, after diligent
search, cannot be found, or their title to receive such awards
disputed, it shall be lawful for- the said mayor, aldermen, and
commonalty to pay the sum or sums mentioned in said report,
or that would be coming to such owners, parties, and persons,
respectively, to the chamberlain of the city of New York, to be
secured, disposed of, and improved, as the superior court shall
direct, and such payment shall be as valid and effectual, in all
respects, as if made to the said owners, parties, and persons,
respectively, themselves, according to their just rights, if they
had been known and had been present, of full age, single woman,




STREETS AND ROADS.                           1229
and of sound mind.  Upon payment of any such sum or sums,
to the said chamberlain, the said street commissioner, or other
officer of the corporation of said city, by whom  such payment
shall be made, shall forthwith give notice thereof to the said
superior court.
SEC. 5. This act shall take effect immediately.
1854. -CHAPTER  CXXII.
AN ACT to reduce the Expenses for the Opening, Widening, Extending, or otherwise Improving, the Avenues, Streets, Public
Parks, Places, and other Grounds in the City of New  York.Passed April 1, 1S54, "three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. No costs, fees, or charges, shall hereafter be allowed corporation
CoUnsel not
or paid to the counsel to the corporation for the performance, to havefees
on and after the first day of January next, of the services and
duties now required by law to be rendered by him, in any matter
or proceeding for the opening, widening, extending, laying out
or otherwise improving the avenues, streets, public parks, public
places, or other public grounds in the city of New York. But
in lieu thereof, the counsel to the corporation shall receive, from
and after the said 1st day of January next, the sum of six thousand Saary.
five hundred dollars per annum, to be paid quarterly, by the
mayor, aldermen, and commonalty of the city of New York;
Provided, That this section shall not prevent the said counsel
from receiving his costs, fees, and charges for all services rendered by him in any matter or proceeding aforesaid, on or before
the said 1st day of January next, but said costs, fees, and charges,
for services, so previously rendered, and also the costs, charges,
expenses and disbursements of all commissions or proceedings
pending on or before the said 1st day of January next, shall be
taxed by the clerk of the supreme court at, for, and upon the
usual and customary rates, services, and proofs heretofore taxed
and allowed, and upon such taxation shall be paid by the mayor,
aldermen, and commonalty aforesaid.
SEC. 2. All moneys paid under the provisions of this act, by Expensos,
the mayor, aldermen, and commonalty aforesaid, shall be assessed e d.'s
equally and proportionably, as far as the same may be practicable, upon the lands and premises benefited by the improvement,
and shall be a lien and charge thereon, and shall be applied,
levied, and collected in the manner now provided by law for the
assessment, levy, and collection of similar expense and disbursements for the reimbursement of the city treasury.




1230             ACTS RELATING TO THE CITY OF NEW YORK.
Couns tee   SEC. 3. The counsel to the corporation shall receive no fees,
for taking costs, or charges for any services whatever, in the proceedings
parks.   for the taking of lands and premises for the purpose of public
places known as the Central park or Jones' wood park.
SEC. 4. This act shall take effect immediately.
1857.-CHAPTER  CCCXIX.
AN ACT in relation to the opening of the Second Avenue in the
City of New York.-Passed April 10, 1857, " three-fifths being
present."
The People of the State. of New  York, represented in Senate and
Assembly, do enact as follows:
Duty of
corporation   SEC. 1. It shall be the duty of the counsel to the (1) corporations'counsel   of the city of New York to take the necessary legal measures
to open such parts of the Second avenue, in said city, as (1) not
already been opened.
SEC. 2. All laws now in force, relative to proceedings for opening streets and avenues in said city, shall apply to the proceedings authorized by this act, except section one of chapter two
hundred and nine, of the laws of eighteen hundred and thirtynine.  Provided that, in assessing the cost of such opening, the
Assessment Second avenue railroad company shall be assessed for its proof railroad
company.  portion of benefits to be derived therefrom, by the privilege of
extending its track through said avenue, upon such real estate as
they own along the line of said avenue.
Appointment
of commis-   SEC. 9. (1) The application for the appointment of commissionsioners. ers of estimate and assessment in said proceedings, and the
motion for the confirmation of the report of said commissioners, may be made at any special term of the supreme court, appointed to be held in and for the city and county of New York.
1859.-CHAPTER  CCXCV.
AN ACT to amend the several Acts relating to Assessments in the
City of New  York, for the Opening, Widening, Altering, or
Amending the Streets, Avenues, and Public Places in said City.Passed April 13, 1859.
The People of the State of New York, represented. in Senate and
Assembly, do enact as follows:
Reports may  SEC. 1. It shall not be lawful for commissioners of estimate
not be altered in cer- and assessment to alter or amend any report, or supplemental or
tain( cases 
(1) So in the original.




STREETS AND ROADS.                            1231
amended report, after the same shall have been deposited for inspection, as now required by law, by increasing the amount 6f
any assessment for benefit, or diminishing any award for damage,
unless the person or persons, party or parties, affected by such
increase or diminution shall have had notice thereof, and an opportunity of being heard before said commissioners before their
report shall be presented to the court for confirmation.
SEC. 2. This act shall take effect immediately.
1862.-CHAPTER  CCCCLXXXIII.
AN  AC' to preventfraud in the opening and laying out of Streets
and Avenues in the City of New York.-Passed April 24, 1862,
"three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The compensation to the commissioners in any pro- Feesof comceeding hereafter to be commenced, for opening, or altering any
street or avenue in the city of New York, north of Fourteenth
street, shall not exceed in the aggregate, exclusive of necessary
disbursements hereinafter mentioned, the sum of thirty cents a
foot for the lineal extent of the street or avenue, or the portion
thereof so to be opened or altered.  The said commissioners Limit of
shall complete said proceeding on their part within four months on't.
from the time of their appointment, unless further time shall be
allowed by the supreme court.
SEC. 2. It shall not be necessary for the said commissioners Surveys.
to cause any survey to be made of the lands, or any part thereof,
to be affected by such proceeding, unless such survey shall be
specially directed by said court. For the purpose of ascertaining and defining the extent and boundaries of the respective
tracts or parcels of land to be taken or to be assessed, in such
proceeding, it shall be sufficient for said commissioners, and they
are hereby authorized, to take or procure such copies as they
may require, of any maps or profiles deposited or filed in any of
the public offices of said city, showing the boundaries or profiles
of said lands or any part thereof.  From  the copies thus procured, and such other information as the said commissioners
shall possess or obtain, thei shall cause diagrams to be prepared, Diagrams to
which shall distinctly indicate, by separate numbers, the names
of the owners of, or claimants to, the respective tracts or parcels
of land to be taken or assessed in such proceeding, and which
shall also specify, in figures, with sufficient accuracy, the dimensions, metes, and bounds of each of said tracts or parcels. Whenever the said commissioners shall be unable to ascertain, with
sufficient certainty, the name of any owner of any parcel of said




1232              ACTS RELATING TO THE CITY OF NEW  YORK.
lands, they shall indicate such parcel upon the diagram embracing it, and in their report, as belonging to unknown owners.
Abstrat of   SEC. 3. The said commissioners shall deposit with the street
etcp tobe  commissioner of said city an abstract of their estimate and
with street assessment, at  least forty  days before  their report  shall
sioner.    be  presented  to  the  said  court for  confirmation, which
abstract shall be accompanied by  copies of the said diagrams, and which shall refer to the  numbers thereby indicated, and  state  the  several sums  respectively  estimated
for or assessed upon each of said parcels, with the name or
names, claimant or claimants, so far as ascertained by said
Publication commissioners.  They shall also publish a notice for thirty lays,
in two of the daily newspapers published in said city, stating
their intention to present their report for confirmation to the
said court, at a time and place to be specified in said notice, and
that all persons interested in such proceeding, or in any of the
lands affected thereby, having objections thereto, shall file the
same, in writing, with said commissioners, within thirty days
after the first publication of said notice, and that the said commissioners will hear such objections within the ten week days
next after the expiration of said thirty days.
Report to be  SEC. 4. After considering said objections, if any, and making
made to
court.    any correction or alteration of their estimate or assessment,
which said commissioners, or any two of them, shall find to be
just and proper, the said commissioners, or any two of them, shall
present their report to the court, at the time and place specified
Of what the in said notice.  The said report shall consist of said diagrams,
cosistth   duly corrected when necessary, with a tabular abstract of said
estimate and assessment, with any corrections or alterations
thereof by said commissioners, and shall refer to the numbers of
the tracts and parcels indicated by said diagrams, and state the
several sums respectively estimated for, or assessed upon each of
said tracts or parcels, with the name or names of the owners or
claimants of each, if ascertained by said commissioners. It shall
not be necessary in said report to describe any of the said tracts
or parcels by metes and bounds, but only by reference to the
said diagrams.  Duplicate copies of said report, signed by said
Report to be commissioners, or any two of them, shall be filed by the counsel
to the corporation of said city, one in the office of the street
commissioner thereof, and the other in the office of the clerk of
the city and county of New York.
Limit of ex-   SEC. 5. No costs, charges, or expenses of any description shall
penditu'es. be allowed in such proceeding, or charged on any lands affected
thereby, except the compensation of the commissioners as above
limited, and their necessary disbursements for clerical services
in copying, comparing, or correcting said maps or profiles, extracting boundary lines from title papers, preparing the said




STREETS AND ROADS.                           1233
diagrams and abstracts, and keeping proper minutes of the said
proceeding; and also  for surveys and maps thereof, when
specially directed by said court; and also for room rent actually
paid, but in no case to exceed one dollar per day; for advertising, printing, or posting any notices required by law, and for any
other necessary incidental expense, not exceeding one hundred
dollars.
SEC. 6. A bill of said costs, charges, and expenses shall be Billtofcosts
to be filed.
filed with the street commissioner of said city, at least ten days
before the same shall be presented for taxation, and a notice of
at least ten days shall be published in two of the daily news- Notice tob
papers published in the said city, of the time and place of taxing said costs, charges, and expenses, which shall be thereupon
taxed by a judge of the supreme court, or a referee under his
special order, and before the report of said commissioners shall
be presented for confirmation.
SEC. 7. The counsel to the corporation of said city shall per- Dutyoforform without charge, beyond the salary now paid that officer, counsel.
all the legal services necessary to enable the said commissioners
to conduct and complete their duties in said proceeding, and
shall prepare all notices and orders of court thereto pertaining.
SEC. 8. Any notice now required or hereafter to be required ublications,
by law to be published in any proceeding for the opening, excluding, widening, or altering any street, avenue, public place,
square, or park in said city, shall hereafter be published in not
more than two daily newspapers, to be selected from those designated at the time by the common council of said city, for
publishing its corporated ordinances, and if from any cause the
publication of such notice shall not be completed, the same
may be published in any two other daily newspapers printed in
said city, and whenever handbills now are or hereafter may be
required by law to be posted in any such proceeding, they shall
be posted and affixed with paste, or other adhesive substance, in
three conspicuous places upon or near the lands to be taken in
such proceeding, and proof of such posting shall be sufficient
evidence, without further proof of said notice having remained
posted during the whole of the period required by law.
SEC. 9. Whenever, in any proceeding to take lands for extend- Whe comp.
ing, altering, or opening any street, avenue, public place, square, emplos
or park in said city, the rights or interests of the mayor, aldermen, or commonalty of the said city shall, in the judgment of
comptroller thereof, be injuriously affected, he may, in his discretion, employ counsel to protect the rights or interests of the
said mayor, aldermen, and commonalty of the city of New
York, in said proceeding, against any commissioners, or other
78




1234             ACTS RELATING TO THE CITY OF NEW YORK.
authority, prosecuting the same, if said rights and interests, in
his judgment, cannot be fully protected by the counsel to the
corporation.
pActsre-  SEC. 10. Such parts of the act of the 9th of April, in the
year 1813, and of the act of the 20th of April, in the year 1839,
or of any other act inconsistent with the provisions of the present act, are hereby repealed.




SUPERVISORS.
1857.-CHAPTER DXC.
AN ACT relating to the Board of Supervisors of the County of
New York.-Passed April 15, 1857.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The mayor and recorder of the city of New  York Mayor and
recorder tO
shall cease to be members of the board of supervisors of the ceasetobe
county of New York; the members now  composing the said membe of
board of supervisors shall continue to be members thereof, as supervisors.
hereinafter mentioned; on or before the first Monday of May,
1858, the present members of said board shall meet at their
usual place of meeting in said county, and the six members
thereof, elected by the votes of the electors, shall then and
there, in the presence of the mayor of said city, classify themselves, respectively, by lot, into six classes, and the six members classes.
of said board, appointed in December, 1857, by the mayor of
said city, shall also classify themselves, respectively, at the
same time and place, and in the same presence and manner,
into six classes: the terms of office of the two members of the
first class shall expire on the 31st day of December, 1858; the Expiration
of term of
term  of office of the two members of the second class shall offce.
expire on the 31st day of December, 1859; the term of office
of the two members of the third class shall expire on the 31st
day of December, 1860; the term  of office of the two members of the fourth class shall expire on the 31st day of December, 1861; the term  of office of the two members of the fifth
class shall expire on the 3 tst day of December, 1862; the term
of office of the two members of the sixth class shall expire on
the 31st day of December, 1863.  At the general election to supervisos,,
i   -.  * a    A  -_   A 7.T   |   ~./i..,-      ^^how elected.
be held in the city of New York in this year, and at every succeeding general election, two supervisors shall be voted for, upon
a separate general ticket, but only one name for supervisor shall
be on any one ticket, and any ticket having thereon more than
one name for supervisor shall not be counted. The person having the highest number of votes shall be declared elected by
the board of county canvassers, who shall canvass the votes,
and all the provisions of law relating to the election of county.
officers, in said county, are hereby applied to the election of
supervisor.  On or before the fourth Wednesday of December,
in each and every year, the mayor of said city shall appoint, as
a supervisor, the person who received the highest number of




1236            ACTS RELATING TO THE CITY OF NEW YORK.
votes for supervisor, next to the votes received by the supervisor having the return of the board of county canvassers, as
having been elected at the election last held.  [As amended, chap.
321, Laws o0' 1858.]
SEC. 2. The vote of seven of the members of the said board
of supervisors, in the affirmative, or in favor thereof, shall be
necessary to pass any ordinance or resolution appropriating
money, or to fill any vacancy in said board, or to do any act or
thing except to adjourn from  day to day; and every act, ordinance, or resolution, which shall have passed the said board of
supervisors, except such as levy any special tax or taxes, or fill
a vacancy in said board, before it shall take effect, shall be presented, duly certified, to the mayor of the city of New York,
for his approval; if he approve, he shall sign it; if not, he
shall return it, with his objections, to the board, within ten
days thereafter, or, if said board be not in session, at its next
meeting after that period; the board shall enter the objections
at large on their journal, and cause the same to be published in
one or more of the daily papers of the city of New  York.
[As amended ch. 321, Laws of 1858.]
SEC. 3. The board shall, after the expiration of not less than
ten days thereafter, proceed to reconsider the same; and such act,
resolution, or ordinance, if approved by a majority of all the members elected to the board, shall thereupon take effect. In all such
cases, the votes of the board shall be determined by ayes and noes,
and the names of the persons voting for and against its passage
shall be entered on the journal of the board.
SEC. 4. If the mayor shall not return any act, resolution, or
ordinance, so presented to him, within the time above limited for
that purpose, it shall take effect in the same manner as if he had
signed it.
Expenses,    SEC. 5. No money shall be drawn from the treasury, except the
etc.
same shall have been previously appropriated to the purpose for
which it is drawn, and no expense shall be incurred, whether it
shall have been ordered by the board or not, unless an appropriation of moneys then in the treasury, sufficient to cover such expense, shall have been previously made.
deptment.  SEC. 6. The finance department of the mayor, aldermen, and
commonalty of the city of New York, and its officers, shall have
the like powers and perform the like duties, in regard to the fiscal concerns of said board, as they possess in regard to the local
concerns of the said mayor, aldermen, and commonalty. All
moneys drawn from the treasury by authority of the board of
supervisors shall be upon vouchers for the expenditure thereof,
examined and allowed by the auditor, and approved by the comp



SUPERVISORS.                             1237
troller, and no such moneys shall be drawn therefrom except on
the warrant drawn by the comptroller, and countersigned by the
mayor and clerk of the board-and no other warrant shall be
necessary for such purpose.
SEC. 7. No allowance or payment beyond legal claims shall
ever be allowed by the board.
SEC. 8. The members of the board of supervisors, whenever
attending as members of the board of county canvassers, shall not
receive compensation for a greater period than ten days for canvassing the votes at any election, nor shall any person receive any
compensation for services as a supervisor of the said county of
New York.
SEC. 9. The counsel to the corporation of the city of New York Legal adshall be the legal adviser of the said board of supervisors, and shall viser
receive such compensation for his services as shall be fixed by
said board, not exceeding the sum of two thousand dollars per
annum.
SEC. 10. This act shall take effect immediately.
1858.-CHAPTER   CCCXXI.
AN ACT to amend an Act, entitled "An Act relating to the Board
of Supervisors of the County of New York," passed April 15, 1857.
-Passed April 17, 1858, "three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact asfollows:
[SECS. 1 and 2 incorporated in act amended.]
SEC. 3. In case of any vacancy in said board by death, resignation, or otherwise, the same shall be supplied by the remaining
members thereof, and the person thus appointed, shall hold his
office as a member of said board for the unexpired term of the
member thereof, in whose place he shall have been appointed.
SEC. 4. This act shall take effect immediately.




TAXES AND ASSESSMENTS.
1816.-CHAPTER CXV.
AN ACT for the more efectual Collection of Taxes and Assessments in the City of New York.-Passed April 12, 1816.
[SEC. 1. Abrogated by art. 4, ~ 2, Act of April 18, 1843.]
Proceedings   SEC. 2. And be it further enacted, That, wherever and whenin cases
where as-  ever any assessment upon any lands or tenements, in the said
sessments
remain n- city, hath heretofore been or hereafter shall be made and conAidmodiled firmed according to law, and the amount of such assessment
by chap.  hath not been or shall not be collected; and the collector shall
230, art. 4,
2, Laws  make affidavit of his demanding the money two several times
of 1]   f such owner or owners of the said lands or tenements as may
reside in the said city, and that they have neglected or refused
to pay the same, or shall make affidavit that the owner or
owners of any such lands or tenements cannot, upon diligent
inquiry, be found in the said city, then and in any such case it
shall and may be lawful for the mayor, aldermen, and commonNotice to be alty of the city of New York to take order for advertising the
published. said lands and tenements, or any of them, for sale, in two or
more of the public newspapers printed in the said city, for
three months, once in each week; and by such advertisements
the owner or owners of such lands and tenements respectively
shall be required to pay the amount of such assessment so remaining unpaid, together with interest thereon, at the rate of
seven per cent. per annum  (the interest on such assessment to
be calculated from the time of the confirmation of the said assessment), to the time of payment, with the charges of such
notice and advertisement, to the treasurer or chamberlain of
the said city; and notice shall be given by such advertisements,
that, if default shall be made in such payment, such lands and
tenements will be sold at public auction, at a day and place
therein to be specified, for the lowest term of years at which
any person or persons shall offer to take the same, in consideration of advancing the said assessment, and the interest thereon,
as aforesaid, to the time of sale, and together with the charges
of the above mentioned notice and advertisement, and the hereinafter mentioned certificate, lease, and advertisement, and all
Lands may other costs and charges accrued thereon: Aid if, notwithbe sold for a
term or  standing such notice, the owner or owners shall refuse or negears.   lect to pay such assessment, with interest, as aforesaid, and the
charges attending such notice and advertisement, then it shall
and may be lawful to and for the said mayor, aldermen, and




TAXES AND ASSESSMENTS.                         1239
commonalty to cause such lands and tenements to be sold at
public auction, for a term of years, for the purpose and in the
manner expressed in the said advertisements; and such sales
shall be made on the day for that purpose mentioned in the
said advertisements, and shall be continued from  day to day, if
necessary, until all the lands and tenements, so advertised, shall
be sold: And the said mayor, aldermen, and commonalty shall
give to the purchaser or purchasers of any such lands and tenements a certificate, in writing, describing the lands and tenements so purchased, the term  of years for which the same
shall have been sold, the sum paid therefor, and the time when
the purchaser will be entitled to a lease for the said lands and
tenements: And the mayor, aldermen, and commonalty of the
city of New York shall, at least six months before the expiration of two years after any such sale, cause an advertisement
to be published, at least twice in each week, for six weeks suc- [A modified
cessively, in one daily newspaper, printed and published in the 226,  0,
city of New York, in such form as they shall deem best calcu- 840s.]
lated to give notice of such sale; and that unless the lands
sold be redeemed by a certain day they would be conveyed to
the purchaser: And if the person claiming title to the said
lands and tenements, or some one on his or her behalf, shall
not, within two years from  the date of the above mentioned
certificate, pay to the street commissioner of the city of New
York, for the use of the purchaser, his executors, administrators or assigns, the sum mentioned in such certificate, together
with the interest thereof, at the rate of twenty per cent. per
annum, from the date of such certificate, the mayor, aldermen,
and commonalty of the said city shall, at the expiration of the
said two years, execute to the purchaser, his executors, administrators, or assigns, a lease, under the common seal of the said
city, of the lands and tenements so sold, for such term of years
as the same shall have been sold; and such lease shall be conclusive evidence that the sale was regular, according to the
provisions of this act: And such purchaser or purchasers, his,
her, or their executors, administrators, and assigns, shall, by
virtue thereof, and of this act, lawfully hold and enjoy the said
lands and tenements, in the said lease mentioned, for his, her,
or their own proper use, against the owner or owners thereof,
and all claiming under him, her, or them, until such purchaser's
term therein shall be fully complete and ended: And the said
purchaser or purchasers, his, her, or their executors, administrators, and assigns, shall be at liberty to remove all the buildings and materials which he, she, or they shall erect or place
thereon, during the said term, within one month after the expiration of the said term, but leaving the lands and tenements,
with the streets fronting the same, in the order required by the
regulations of the common council: Provided, always, That no Proviso
such proceedings by advertisement and sale, as aforesaid, shall
take place under any assessment heretofore made and confirmed,




1240            ACTS RELATING TO THE CITY OF NEW YORK.
unless in cases where the same now is a lien or charge on the
lots assessed.
[SEC. 3. Abrogated by art. 4, ~ 2, Act of April 18, 1843.]
[SEC. 4 abrogated.]
[SECS. 5 and 6 abrogated by chap. 230, art. 4, ~ 2, Laws of
1843.]
Certain sec-   SEC 7. And be it further enacted, That the one hundred and
tions of a
forerlaw fifty-sixth, one hundred and fifty-seventh, one hundred and fiftyrepealed. eighth, two hundred and fifty-ninth, and two hundred and
sixtieth sections of the act, entitled " An act to reduce several
laws relating particularly to the city of New  York into one
act," passed April 9, 1813, be, and the same hereby are, repealed: Provided, however, That such repeal shall not affect any
act done, or proceeding had or commenced, under the said sections hereby repealed; but every such act and proceeding shall
remain as valid as if the said sections had remained in full force:
Proviso.  And provided particularly, That the proceedings for the sale of
certain lands and tenements, for certain unpaid assessments,
which are now pending, shall and may proceed, be continued
and completed in the same manner as if this act had not been
passed, but the said two hundred and fifty-ninth section of the
said act had remained in full force.
1819.-CHAPTER LXIX.
AN ACT authorizing the Mayor, Aldermen, and Commonalty of the
City of New York to take possession of certain Unclaimed Lands.
-Passed March 25, 1819.
If owners   I. Be it enacted by the People of the State of New York, repfail to claim,
at expiration resented in Senate and Assembly, That it shall be lawful for the
of lease, corporation   mayor, aldermen, and commonalty of the city of New  York,
mayoccupy and they are hereby authorized and empowered, to take peaceable possession of, or sue for and recover, and to hold, occupy,
and enjoy all lots or pieces or parcels of land, situate, lying,
and being in the said city, which have or which may be sold
for a term of time for the payment of any taxes or assessments
in the said city, after the expiration of the term for:which the
same may have been or shall be so sold: Provided, The rightful
owner of the same shall not then claim possession of the same;
and to have, hold, and occupy the same until the rightful
owner shall claim  possession of the same, and shall pay all
sums which may be due thereon for taxes, assessments, and also
the value of the improvements which may be made, or erected
upon the same by the mayor, aldermen, and commonalty of the




TAXES AND ASSSESSMENTS.                       1241
city of New  York, over and above all the rents, issues, and
profits which may be received by the mayor, aldermen, and
commonalty of the city of New York, for or on account of the
rents, issues, and profits of any such premises: Provided, always,
That the said mayor, aldermen, and commonalty of the city of
New York shall not be entitled to demand any sum  of money
for any such improvements, unless they shall have caused to be
published in at least two of the public newspapers printed in
the said city, for at least three months previous to the making
of such improvements, a notification to the owners of the said
lots to appear and take possession of their said premises: Anld
further, That in no case shall the owners of the said premises
be compelled to pay, for any such improvements, a sum exceeding two-thirds of the value of their said lots of land: And
provided, also, That nothing herein contained shall interfere
with or repeal the provisions of an act, entitled " An act authorizing the mayor, aldermen, and commonalty of the city of
New York to close streets and roads," passed April 20, 1818.
II. And be it further enacted, That the mayor, aldermen, and
commonalty of the city of New  York shall account for and
pay over, to the rightful owner of any such lots of land, all the
rents, issues, and profits which they may receive on account of
such premises, overt and above the amount of all taxes and assessments due for, or on account of, the said premises, and over
and above the value of all such improvements thereon, as shall
be made after the notification mentioned in the first section of
this act, and as shall not exceed two-thirds of the value of said
lots of land.
1821.-CHAPTER  CXLIX.
ANACT to amend an Act, entitled " An Act jbr the more effectual
Collection of Taxes and Assessments in the City of New York."Passed March 23, 1821.
I. Be it enacted by the People of the State of New York, repre- Provision in
sented in Senate and Assembly, That if a sum of money, in gross, lands taxed
has been or shall be assessed or taxed, upon any lands or prem- ~ 7olil by
ises in the city of New York, by virtue of any law of this state, one owner.
any person or persons claiming any divided or undivided part
thereof may pay such part of the sum of money so assessed or
taxed, and also of the interest and charges due or charged thereon, as the mayor, aldermen, and commonalty of the city of New
York, in common council convened, may deem to be just and
equitable, and the remainder of the sum of money so assessed
or taxed, together with the interest and charges, shall be a lien
on the residue of the land only, which may be sold in pursuance
of the provisions of the act, entitled "An act for the more effect



1242            ACTS RELATING TO THE CITY OF NEW YORK.
ual collection of taxes and assessments in the city of New
York," to satisfy the residue of such assessment or tax, interest
and charges, in the same manner which it could have been, provided the residue of said assessment or tax had been imposed
upon the residue of said lands and tenements: Provided always,
That nothing herein contained shall be so construed as to release the occupant of any such premises from his liability to
pay assessments and taxes upon the whole of the premises,
which he is or shall be in the occupation of.
Redemption   II. And be it further enacted, That the proprietor of any lands
of lands sold.
[As modified sold, or which shall be sold for assessments in the city of New
230, art. 4, York, in pursuance of the provisions of said act, shall not be
~ 2, Laws of
1843.w    permitted to redeem  the same within the two years mentioned
in said act, unless he shall pay to the street commissioner of the
city of New York, for the use of the purchaser, his executors,
administrators, or assigns, in addition to the sum  which such
purchaser shall have paid for the same, at the time of sale, by
virtue of said act, all such sums of money which the said purchaser shall have paid since the sale of said lands for assessments
on the same, and also for the costs and charges attending the
advertising of the same, and all other costs and charges thereon,
together with the interest thereof, at the rate of fourteen per
centum per annum, from the time of making such payments.
Interest   III. And be it further enacted, That the owner of any lands or
aleonag- tenements in the city of New York, upon whom, or on whose
assessmnt. lands, any assessment has been or shall be made or imposed,
who shall neglect, or has neglected, to pay the same, for the
space of sixty* days, after the said assessment was or shall be
confirmed according to law, shall be liable to pay interest thereon, at the rate of seven per cent. per annum, to be calculated
from the time of the confirmation of said assessment.
1830.-CHAPTER II.
AN ACT to amend an Act, passed April 12, 1816, entitled " An Act
for the more effectual Collection of Taxes and Assessments in the
City of New York."-Passed January 13, 1830.
The People of the State of New York, represented in Senate and
Assembly, do enact asfollows:
Sales maybe  SEC. 1. It shall be lawful for the mayor, aldermen, and compostponed
fifteen    monalty of the city of New York, whenever they shall deem it
expedient, by a resolution to be passed in common council, to
suspend or postpone any sale or sales of lands and tenements,
or any portion thereof, which shall have been advertised for
sale in pursuance of the second section of the act hereby




TAXES AND ASSESSMENTS.                          1243
amended, to any time not exceeding fifteen months from the
day specified in any such advertisement.
SEC. 2. All sales, which shall be postponed or suspended by oeticf
virtue of this act, shall be made without further advertisement,
other than a general notice of such postponement, to be published in two or more of the public newspapers in the city of
New  York, at least once a week until the time of sale; and
such sales, when made, shall be as valid and effectual as if the
same had taken place at the time for that purpose first advertised.
SEC. 3. All sales of lands and tenements for assessments a ldbyh
under and by virtue of this act, or of the act hereby amended, wdieo tobe
may hereafter be conducted by the street commissioner of the [ Smod2f3ed
city of New York, or by his assistant or deputy.               art4, ~ 2,
Laws of
1843.]
SEC. 4. All advertisements hereafter to be published prior to Payments.
any sale of lands and tenements for assessments, in pursuance [yha1. di23
of the provisions of the second section of the act hereby amend- art. 4,  2,
Laws of
ed, shall require the owner of such lands and tenements to 1843.]
pay the amount of such assessment, with interest and charges,
as specified in the said act, to such person or persons, to be
named in such advertisements, as may be appointed by the
common council to collect the same, instead of the treasurer or
chamberlain of the said city, as by the said act hereby amended
is directed.
SEC. 5. The provisions of this act shall be in force and take Act, when to
effect from and immediately after the passing thereof.          take  ct
1840.-CHAPTER  CCCXXVI.
AN ACT in relation to the Collection of Assessments and Taxes in
the City and County of New  York, and for other purposes.Passed May 14, 1840.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. In all cases where commissioners or assessors shall Duty of assessors.
describe the houses and lots assessed for any improvement, the
assessment shall describe and particularize all such houses and
lots by the known street number, as well as the ward number,
and shall also state the names of the owner or owners and occupant or occupants; and it shall be the duty of the surveyors An surveywho shall make out the assessment list to ascertain, by inquiry o'
to be made of the collector of taxes of the ward in which the
property assessed is situate, and by inquiry of the person who
collected the taxes of such ward the previous year, as to such




1244            ACTS RELATING TO THE CITY OF NEW YORK.
ownership, and such collectors shall afford the requisite information.
SEc. 2. [This section repealed by sec. 2, chap. 171, Laws of
1841.]
Lots, etc..,   SEC. 3. In advertising houses and lots, improved or unimtisedr. proved lands, to be sold for the non-payment of assessments, it
shall be the duty of the street commissioners to advertise all the
houses and lots or other lands lying contiguous to each other,
and belonging to the same owner, in one parcel, unless otherwise requested by such owner.
Charges for   SEC. 4. It shall not be lawful for any commissioner or assessassessments,
etc.    or to charge for any services in making estimates and assessments for any improvements, authorized by law to be assessed
upon the owners or occupants of houses and lots, or improved
or unimproved lands, not actually rendered by him, nor for any
parts of days as whole days, where the time occupied was less
than six hours of such day.
Certificates   SEC. 5. Certificates of sale shall be made and delivered to the
of sale.
purchasers without charge, and no charge shall be made in the
sale for the second advertisement and lease; but the expense of
the former shall be paid by the owner at the time of redeeming,
or by the purchaser when he shall receive a lease. The expense
Leases.   of drawing and executing a lease shall be paid by the purchaser
at the time of receiving the same, and shall not exceed fifty
cents.
nterest o    SEC. 6. The rate of interest allowed by law to the purchaser,
money.   at the time of redemption, on the amount of the purchase
money, shall be reduced to fourteen per cent. per annum; but
no interest shall be calculated on a less portion of time than
one quarter of a year; aid in all cases where the property shall
be redeemed during any fractional part of a year, the interest
shall be calculated so as to include the quarter in which such
redemption shall be made, the time to be computed from  the
day of sale.
Amount at   SEC. 7. Commissioners or assessors for making estimates and
which property is tobe assessments for any improvements, authorized by law  to be
assessed.
assessed upon the owners or occupants of houses and lots, or
improved or unimproved lands, shall in no case assess any house,
lot, improved or unimproved lands, more than one-half the value
of such house, lot, improved or unimproved land, as valued
by the assessors of the ward in which  the same shall be
situate.
SEC. 8. [This section obsolete. Office of collectors of taxes
abolished by sec. 1, chap. 230, Laws of 1843.]'SEC. 9. No houses and lots, or improved or unimproved lands,




TAXES AND ASSESSMENTS.                         1245
in the city and county of New York, shall be hereafter sold or Naltice 
leased at public auction for the non-payment of any assess- sssmeints.
ment which may be due thereon, unless notice of such sale bychap.230,
shall have been published once in each week for three months, art.4 2,
in at least ten of the daily newspapers printed and published 1843.]
in the city of New York; one of which shall contain a particular and detailed statement of the property to be sold for
assessments, and such as is now published by the street commissioner in two of the daily newspapers in the city of New
York; or the said detailed statement or description shall be
printed in a pamphlet, in the discretion of the street commissioner, in which case the pamphlet shall be deposited in the
street commissioner's office in the city of New York, and shall
be delivered to any person applying therefor; and the notice
provided for in this section of the sale of houses and lots, and
improved or unimproved lands, shall also state that the detailed
statement of the assessment, and ownership of the property
assessed, is published in one of the daily newspapers, naming
the same, or in a pamphlet, as the case may be, and where the
pamphlets are deposited, to be delivered to any person applying
for the same.
SEC. 10. It shall not be necessary to give any further public- Notie of
sale for asity of any intended sale of property for unpaid assessments than sessments.
is contemplated by the last preceding section; and in giving
the further notice required by section two, of the act entitled
"An act for the more effectual collection of taxes and assessments in the city of New York," passed April 1.2, 1816, of the
sale of property six months previous to the expiration of the
time for redemption, it shall only be necessary to publish the Andnot of
same in one daily newspaper printed and published iR the city redempton.
of New York, twice in each week for six weeks successively;
and so much of the said section as is inconsistent with this act
is hereby repealed.
SEC. 11. In all cases where pieces, parcels, or lots of lands Redemption
shall have been sold for assessments, and any person shall claim  lad old.
to redeem any portion of the same within the time limited for
redemption, he shall be permitted to do so on paying the apportionment of the assessment for which the property was sold,
together with the interest on the same, and an equitable proportion of the expenses. The apportionment to be made by the
Street Commissioner.
[SEC. 12 obsolete.]




1246              ACTS RELATING TO THE CITY OF NEW  YORK.
1840.-CHAPTER   CCCLXXXVII.
AN  ACT authorizing Mortgagees to redeem Real Estate sold for
Taxes and Assessments.-Passed MIay 14, 1840.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Mortgage not  SEC. 1. No sale of real estate hereafter made, for the nonaffected by
sale of land payment of any assessment, shall destroy or in any manner
for assessmet, etc. affect the lien of any mortgage thereon, duly recorded or regisbychap 230 tered at the time of such sale, except as hereinafter provided.
art. 4, ~2,
Laws of
1843.]     SEC. 2. It shall be the duty of the purchaser at such sale to
ogises give to the mortgagee a written notice of such sale, requiring
notice to   him to pay the amount of the purchase money, with the interest
mortgagees.
at the rate allowed by law thereon, within six months after the
giving of such notice.
Effect of  SEC. 3. If such payment shall be made, the sale shall be of
by mort-  no further effect, and the mortgagee shall have a lien on the
gages.    premises, for the amount paid, with the interest which may
thereafter accrue thereon, at the rate of seven per cent. per
annum, in like manner as if the same had been included in his
mortgage.
Failureto    SEC. 4. In case the mortgagee shall fail to make such payredeem.
ment within the time so limited, he shall not be entitled to the
benefit of the first section of this act.
Construction
of ertain    SEC. 5. The term  " mortgagee," as used in this act, shall be
terms.    construed to include assignees whose assignment shall be duly
recorded, and personal representatives; and the term "purchaser" shall be construed to include assignees, and real or personal representatives, as the case may be.
gioten.    SEC. 6. The notice required by this act may be given either
personally or in the manner required  by law, in respect to
notices of non-acceptance or non-payment of notes or bills of
exchange; and a notarial certificate thereof shall be presumptive
notidce    evidence of the fact of such notice; such certificates may be
recorded in the county in which the mortgage was recorded, in
the same manner, and with the same effect, as is by law prescribed in respect to deeds or other evidences of title of real
estate.




TAXES AND ASSESSMENTS.                            1247
1841.-CHAPTER  CLXX.
AN A C T in relation to the Redemption of Land sold for Taxes or
Assessments in the City of New York.-Passed May 6, 1841.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. In cases of sales of real estate for the non-payment mssionto
of assessments in the city of New York, it shall be the duty of ntify mort
the street commissioner of the said city, sixty days before the [As modifiod
time limited by law  for the redemption of any real estate from art. 4, ~2,
the effect of such sales, to cause notice to be given to all mort- 1843.
gagees of the real estate so sold, their assignees or personal representatives, who shall, at any time, at least one month before
the time for the giving of such notice, have filed in the office of
the register of the city and county of New York a memorandum
of such mortgage, containing a brief abstract, designating the
property, with the street number, if there be any, or such definite description or diagram as will enable the said street commissioner to designate the said premises upon the city maps, and
the name and residence of such mortgagee, assignee, or personal
representatives.
SEC. 2. Such notice shall be given by putting the same in the Notice, how
to be served
post office in the city of New York, directed to such mortgagee, [As mdolo,
assignee, or personal representatives, with such description and bychap. 230,
place of residence as shall be contained in such memorandum, L843~]f
and such notice shall require such mortgagee, assignee, or personal representatives to pay the amount of such assessment,
with all interest and expenses allowed by law, before the time
limited for the redemption, as aforesaid.
SEC. 3. An affidavit of the service of such notice as is above Proofofsuch
required, before any officer authorized to take affidavits to be 
read in a court of record and filed in the office of the said
register of deeds, or a certified copy thereof under the signature
of such register, shall be evidence of the fact of such notice.
SEC. 4. It shall be the duty of the said register of deeds to Register to
keep in his office a book, alphabetically arranged, for the regis- oraudum.
tering of all such memorandums, as aforesaid, which book shall
be open to the inspection of any person desiring to examine the
same.
SEC. 5. The said register shall be entitled to receive twenty- His fees.
five cents for registering the memorandum of each mortgage as
above provided.
Right to reSEC. 6. Such mortgagees, or their assignees or personal repre- deem lands
sentatives, shall be entitled to redeem  the property sold froom years.




1248             ACTS RELATING TO THE CITY OF NEW YORK.
the effect of such sale, at any time within two years from the
date of such sale, and shall have a lien on the property for the
amount paid, with the interest which may thereafter accrue
thereon, at the rate of seven per cent. per annum, in like manner as if the same had been included in such mortgage.
Act of May    SEC. 7. The act entitled "An act authorizing mortgagees to
14, 1840, not
to applyto redeem real estate sold for taxes and assessments," passed May
New York
city.   14, 1840, shall not apply to the city and county of New York,
in any case in which the notice and affidavit herein provided for
shall have been given and filed as in this act required.
SEC. 8. This act shall take effect immediately.
1841. —CHAPTER CLXXI.
AN ACT to amend an Act, entitled "An Act in relation to t1he Collection oJ Assessments and Taxes in the City and County of New
York, andfor otherpurposes, passed M3ay 14, 1840.-Passed May
7, 1841.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Notice to be   SEC. I. It shall be the duty of all commissioners and assessgiven of
completion ors, authorized to make any estimate and assessment for any
of estimate improvement, to give notice to the owner or owners, and to
and assessent^.   the occupant or occupants of all houses and lots, and improved or unimproved lands affected thereby, that they have
completed the estimate and assessment; such notice shall be
published daily in at least two of the daily newspapers, for
ten days successively, which shall be annually designated by
the common  council.  The notice shall describe the limits
embraced by such assessment, and shall contain a request for
all persons, whose interest may be affected thereby and who
may be opposed to the same, to present their objections in
writing to  the  chairman  of the commissioners or assessors
within twenty days from  the date of such  notice; and if,
after examining such objections, the commissioners or assessors shall not deem it proper to  alter their assessment, or,
having altered it, there shall still be objections to the same,
it shall be their duty to present such objections, with the
assessment, to the court or persons authorized to confirm the
same; but nothing  herein contained shall conflict with or
render invalid the act entitled "An act to reduce several laws
relating to the city of New York into one act," passed April
20, 1839.
Repeal.   SEC. 2. The second section of the " Act in relation to the
collection  of assessments and taxes in the city and county




TAXES AND ASSESSMENTS.                          1249
of New York, and for other purposes," passed May 14, 1840,
is hereby repealed.
SEC. 3. Nothing contained in the third section of the act last Lots lying
contiguous,
above mentioned shall be construed to prevent the street corn- owned by
missioner from  selling separately any houses and lots or other may be sold
lands, lying contiguous to each other, and belonging to the separately
same owner, which shall have been advertised in one parcel,
and he is hereby authorized to sell the same separately as the
same may have been assessed.
SEC. 4. This act shall take effect immediately.
1841.-CHAPTER CCXXX.
AN ACT in addition to the Acts respecting the Collection of Taxes
and Assessments in the City and County of New  York.-Passed
May 25, 1841.
The People of the State of New York, represented in Senate and
Assembly, do enact asfollows:
SEC. 1. All owners, lessees, or persons otherwise interested in Owners and
lessees, how
any lands or tenements sold for taxes or assessments in the tobenoti.
city of New York, who shall file, in the manner and within the fed
time specified in the act entitled " An act in relation to the
redemption of land sold for taxes or assessments in the city of
New York," passed May 6, 1841, a memorandum  containing a
like description of such lands and tenements, and of the name
and residence of such owners, lessee, or persons otherwise interested therein, or their legal representatives, as is required in and
by the said last-mentioned act with regard to mortgagees, assignees, or their personal representatives, shall be notified in the
same manner as such mortgagees, assignees, or their personal
representatives are required to be notified, in and by the provisions of the said last-mentioned act.
SEC.. No person shall be entitled to the benefit of the pro- Personsohe
visions of the first, second, and sixth sections of the act entitled btnet of4the
"An act authorizing mortgagees to redeem real estate sold for
taxes and assessments," passed Miay 14, 1840, or of the act entitled "An act in relation to the redemption of land sold for
taxes or assessments in the city of New York," passed May 6,
1S41, for any land or tenements in the city of New York sold
for assessments, unless the memorandum required by the first
section of the act last mentioned shall have been filed as therein required, and in such case it shall only be necessary to give
the notice mentioned in the manner designated in the last-mentioned act.
79




1250              ACTS RELATING TO THE CITY OF NEW  YORK.   b
Purchaer toi  SEC. 3. Whenever any land or tenements sold for assessments
on occupant in the city of New York, and conveyed in the manner provided
of land sold. 
[As modified by law, shall, at the time of conveyance, be in the actual occubhart. 4, ~2, pancy of any person, the grantee to whom the same shall have
Lasa. o been conveyed, or the person claiming under him, shall serve a
written notice on the person occupying such land or tenements,
and the person last assessed as owner, stating in substance the
sale and conveyance, the person to whom made, and the amount
of consideration money mentioned in the conveyance, with the
addition of forty-two per cent. on such amount as the said lands
or tenements were struck off for at the time of the sale, and the
further addition of the sum paid for the lease and advertisements,
and stating, also, that unless such consideration money, and the
said forty-two per cent., together with the sum  paid for the
lease, shall be paid to the street commissioners for the benefit of
the grantee, in case the said premises shall have been sold for
assessments within six months after the service of such notice,
that the said conveyance will become absolute, and the occupant
and all others interested in the land or tenements be barred from
all right or title thereto during the term of years for which such
lands or tenements shall have been conveyed.
Noticeho    SEC. 4. Such notice shall be served personally, or by leaving
to be seryed~.                                 p    n            l ei   
the same at the dwelling-house of the occupant or person last
assessed as owner, with any person of suitable age or discretion
belonging to his family.
Land maybe  SEC. 5. The occupant, or any other person, may, at any time
within    within  the six months mentioned in such notice, redeem the
months.  said land or tenements in the same manner as now provided by
law for the redemption of lands sold for taxes and assessments
in the city of New York, by paying such purchase money, with
the addition of forty-two per cent. thereon, and the amount that
shall have been paid for the lease, and every such redemption
shall be as effectual as if made before the conveyance of the
lands or tenements sold.
Affidavit to   SEC. 6. In every such case of actual occupancy, the grantee,
be filed with
street com- or the person claiming under him, in order to complete his title
orcomptrol- to the land conveyed, shall file with the street commissioner, if
A modified sold for assessments, the affidavit of some person, who shall be
bychap. 230, certified as credible by the officer before whom  such affidavit
art. 4, ~ 2,
Laws of  shall be taken, that such notice, as is above required, was duly
1843 served, specifying the mode of service, and a copy of such notice
shall be attached thereto.
Conveyance,  SEC 7. If the street commissioner, in case of a conveyance on
when to become abso- account of assessments, shall be satisfied by such affidavit that
lute.
[As modified the notice has been duly served, and if the moneys required to
by chap.  be paid for the redemption of such land or tenements shall not
230, art. 4,




TAXES AND ASSESSMENTS.                            3251
have been paid as hereinbefore provided, he shall certify to the ~ 2, Lawsof
fact, and the conveyance shall thereupon become absolute, and 13]
the occupant and all others interested in the land or tenements
shall be barred of all right and title thereto, during the term of
years for which the same shall have been conveyed.
SEC. 8. [Abrogated by chap. 230, art. 4, ~ 2, Laws of 1843.]
SEC. 9. This act shall be construed to authorize the comput- Computation
ing of the forty-two per cent. named therein on the amount of
sale and expenses authorized by law, and not to be in addition
to or upon the interest accruing after the sale.
1841.-CHAPTER CCCXLI.
AN ACT to authorize the Sale of Real Estate in Certain Cases to
pay Assessments, and for other purposes.-Passed May 26, 1841.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. In all cases where any real estate, situated within the Apportionbounds of any city or village in this state, is owned by several moeastssspersons having estates therein, in possession, reversion, or re- ment n
mainder, and such real estate, or any part thereof, has been sold, by several
persons in
or shall hereafter be sold, or is liable to be sold, for any term  of cites.
years, to satisfy any tax or assessment imposed thereon by the
authorities of any such city or village, upon a bill filed by any
person interested in such estate against other persons interested
therein, for the purpose of compelling a just and equitable apportionment of such tax or assessment amongst those liable to
contribute to the payment thereof, or the redemption of the
premises so sold, the court of chancery shall have power at Powersof
any time, on the application of any party to such suit, to ex- court of
tend the time of redemption of any such land sold or to be
hereafter sold by authority of such city or village, to a period
not exceeding six months from the entry of the final decree to
be made in such cause, or to order a sale in fee of any part or
parts of such real estate to pay such tax or assessment, or to
redeem such parts thereof as may hereafter be sold at any time
during the progress of such cause, and to direct the proceeds of
such sale to be applied to the payment of such tax or assessment, or to the redemption of the lands sold for the satisfaction
of such tax or assessment.
SEC. 2. Whenever the person, entitled to a future estate in Proceed"gs
in cases of
such lands as are mentioned in the preceding section, cannot be unknown
owners of
ascertained, the court of chancery shall have and exercise all future
the powers and authority conferred in that section, whenever the estates'




1252            ACTS RELATING TO THE CITY OF NEW  YORK.
persons having vested estates shall be made parties to a bill filed
for the purposes therein specified.
tontribu-    SEC. 3. In any final decree made in a cause instituted in the
owners,how court of chancery for the purposes mentioned in this act; such
court shall compel a just and equitable apportionment to be
made by all persons having different estates in such lands as are
hereinbefore specified, and liable to contribute to the payment
of such tax or assessment, or to the redemption of such parts
thereof as may have been sold by the authority of any city or
village; and if any portions thereof have been sold by virtue of
any order made during the progress of the cause, or by the
authority of such city or village, whereby the interest or estate
of one party has been charged with or made to contribute more
than a just and equitable proportion of such tax or assessment,
such excess shall be deemed and decreed to be a lien upon the
interest and estate of the other parties in such proportions as
shall be equitable and just.
Cor paent  SEC. 4. Nothing in this act contained shall be construed to
oftxnes,  affect or impair any contract or covenant heretofore or hereafter
affected, nor made respecting the payment of any such taxes or assessments,
persons to on real estate, or to change the relative rights of the several perpayments. sons having any estate therein as to their liability to such payments.
SEC. 5. This act shall take effect immediately.
842. —CHAPTER CLIV.
AN ACT in relation to the Sale of Real Estate to pay Assessments.
-Passed April 11, 1842.
The People of the State of New York, represented in Senate and
Assembly, do enact as Jbllows:
Salesd  b  SEC. 1. All sales made on an order of the court of chancery
wheremade. for the payment of assessments, pursuant to any law of this
state, shall be made by or under the direction of one of the masters of said court, in the county where the premises, or some part
thereof, are situated.
Effect ofp    SEC. 2. Deeds shall thereupon be executed by such master,
deeds to purchasers.   which shall vest in the purchaser the entire estate, as well present as future, of each and every of the parties to such suit or
suits.
Feigned is-   SEC. 3. In case any person or party, in any such suit in the
sue may be
ordered.  court of chancery, shall question the validity of the assessment
or assessments, which are to be paid out of the proceeds of sale,




TAXES AND ASSESSMENTS.                         1253
it shall be the duty of the court to order a feigned issue to be
tried in the circuit court, to determine the validity thereof, or
in some other manner ascertain the same.
1843.-CHAPTER  CCXXX.
AN ACT for the Collection of Taxes in the City of New York.Passed April 18, 1843, by a two-third vote.
The People of the State of New York, represented in Senate and
Assembly, do enact asfollows:
ART. I.-COLLECTORS OF TAXES AND OF ARREARS OF TAXES
ABOLISHED, AND A DEPARTMENT CREATED THEREFOR.
SEC. 1. The office of collectors of taxes, as created and estab- The office of
collector of
lished by the charter of the city of New York, and by the sta- taxes abol
tutes of this state, and the office of collectors of arrears of taxes ished.
in the said city, as created and established by the common
council of the said city, shall cease from and after the day when
this act shall take effect; and all provisions, by charter, statute,
ordinance, resolution, or otherwise, creating such offices, and imposing or defining the duties thereof, are hereby abrogated.
SEC. 2. It shall be the duty of the common council of the Office for the
collection of
said city, within twenty days after this act shall take effect, to taxes to be
establish an office for the collection of taxes in the city of New establised
York, which shall be a branch of, and subordinate to, the department of finance of the said city, and which shall be conducted by a receiver of taxes, a deputy, and a suitable number of
clerks, to be appointed as hereinafter directed, and whose duties are hereinafter prescribed.
SEC. 3. It shall be the duty of the board of supervisors of the Receiver of
taxes and
city of New York, within twenty days after this act shall take deputy to be
effect, to appoint a suitable and discreet person, to be known appointd.
as receiver of taxes in the city of New York, who shall hold his
office for the term  of four years from  the 1st of May, 1848,
unless sooner removed for cause. And another person to be
known as deputy receiver of taxes in the city of New York,
who shall hold his office for the like term, unless sooner in like
manner removed. The said receiver of taxes shall receive an
annual salary of two thousand dollars, and the said deputy shall
receive an annual salary of fifteen hundred dollars, to be paid to
them respectively by the mayor, aldermen, and commonalty of
the city of New York, on the usual quarterly days. [As amended
by Act of April 14, 1848.]




1254             ACTS RELATING TO THE CITY OF NEW  YORK.
SEC  4. The said receive  S     4 T      reivr of taxes shall, before entering upon
bond with
sureties. the duties of his office, enter into a bond to the mayor, aldermen, and commonalty of the city of New York, with at least
two sureties, to be approved by the chamberlain of the said city
of New York, in the penal sum of twenty-five thousand dollars,
conditioned for the faithful performance of the duties of his office
as prescribed by this act; and every such bond shall be a lien
on all the real estate held jointly and severally by the receiver,
or his sureties, within the county, at'the time of filing thereof,
and shall continue to be such lien till the condition, together
with all costs and charges which may accrue by the prosecution
thereof, shall be fully satisfied; and the said deputy receiver
shall, also, in like manner, before entering upon the performance
of the duties of his office, enter into a like bond with the like
sureties, in the penal sum of ten thousand dollars, conditioned
for the faithful performance of the duties of his office, as prescribed by this act; wxhich said bona, when so approved, shall
be forthwith filed in the office of the comptroller of the said
city.
First clerk    SEC. 5. [Amended by sec. 2, chap. 238, Laws of 1844, to
pointed.  read as follows:] The said receiver of taxes shall appoint a suitable person to be known as first clerk in the office of the receiver of taxes, at a salary to be fixed and paid by the mayor,
aldermen, and commonalty of the city of New York; and as
many clerks, and at such rate of compensation, as the common
council shall, from time to time, by ordinance designate. The
said first clerk, before entering upon the duties of his office,
shall enter into bonds in the like manner, and for the like
amount, with the deputy receiver of taxes, conditional for the
faithful performance of the duties of his office.
SEC. 6. The office of the said receiver of taxes shall be kept
at such place in the said city as shall be, from time to time, by
ordinance of the said common council, assigned for that purpose; and shall be kept open on each day in the year [Sundays excepted], from the hour of eight in the forenoon till two
in the afternoon.
Taxes pid    SEC. 7. [Amended by sec. 3, chap. 238, Laws of 1844, to
at the office,
how re-   read as follows:] It shall be the duty of the said receiver of
cei taxes, personally, to receive all taxes which may be paid at the
said office; and of the said deputy receiver to retain the possession in the said office, and not elsewhere, of the warrants and
assessment rolls, which shall from timne to time be delivered to
the said receiver of taxes, by the supervisors or comptroller of
the said city; and it shall be the duty of the said first clerk to
keep all, the books of accounts of the said office, and to assist
the deputy receiver in the performance of all duties required of
him by this act.




TAXES AND ASSESSMENTS.                          1255
SEC. 8. [Amended by sec. 4, chap. 238, Laws of 1844, to Suitable
read as follows:] The said receiver of taxes shall enter into suit- procured.
able books, to be kept by him for that purpose, the sums received by him for taxes, and at the expiration of the office hours
for each day, and before three o'clock thereof, shall render a
statement of the same to the chamberlain, and at the same time
on each day pay over to the said chamberlain the amount re.
ceived on such day; he shall also thereupon receive from the
said chamberlain a voucher for the payment of such sums, which
he shall forthwith on the same day exhibit to the comptroller
of the said city.
SEC. 9. [Amended by sec. 5, chap. 238, Laws of 1844, to "tyfe
read as follows:] It shall be the duty of the said deputy re- ceiver.
ceiver, from time to time, to enter in a column to be made for
that purpose upon the assessment rolls in his possession, opposite to the names of the persons mentioned therein, and who
shall pay their tax as aforesaid to the said receiver of taxes, the
fact of such payment, the amount thereof, and the day when
paid, and to enter in suitable books to be kept by him for that
purpose, on each day, such payments, with a statement of the
ward for which the same were received, and the names of the
parties respectively on whose account the same were paid; and
at the expiration of the office hours, and on the same day, shall
furnish to the comptroller of the said city a detailed statement
of such sums, and of the ward for which received, and of the
names of the parties respectively on whose account the same
have been paid, which shall be filed by the said comptroller in
his office.
SEC. 10. The said comptroller shall, on each day, imme- Creditto b
given  for
diately after receiving from said deputy receiver the statement payments.
required by the last preceding section, compare the said statement with a voucher furnished to him by the receiver of taxes
and the chamberlain, for the payment thereof to the chamberlain, and, if the aggregate amounts thereof shall correspond,
shall credit the said receiver of taxes, in his books, with such
amount.
SEC. 11. If the said receiver of taxes, or the said deputy re- Reiveer
ceiver, shall on any day omit or neglect to furnish to the said to be suschamberlain, or to the said comptroller respectively, the saidoasoofomis.
statements and vouchers, or to make the daily payments here- glc orinbefore prescribed, it shall be the duty of the said comptroller
forthwith to suspend from  office the party delinquent, and to
report the same without delay to the mayor and to the president
of each board of the common council of the said city, that the
action of the said common council may be had thereon. In case
of such suspension, the comptroller shall appoint a suitable person to perform the duties of the officer so suspended, who shall




1256            ACTS RELATING TO THE CITY OF NEW  YORK.
continue to act as such officer, with all the powers conferred
upon him  by this act, until the party suspended shall be restored by the common council to his office, or another person
shall have been appointed.  On making such temporary appointment, the comptroller shall be required to take from  the
party so appointed a bond with two sufficient sureties, to be
approved by the chamberlain, and filed with the said comptroller, in such penal sum as the said chamberlain may deem just,
conditioned for the faithful performance of the duties of the office during the continuance of the person so appointed therein;
and all the provisions of this act, prescribing the duties of the
said receiver of taxes and the said deputy receiver, shall apply
to the person or persons so appointed in their stead by the said
comptroller.
Additional
security may  SEC. 12. [Amended by sec. 6, chap. 238, Laws of 1844, to
be require. read as follows:] If at any time during the continuance in office
of the said receiver of taxes, or of the said deputy receiver, or
of the said first clerk, the said common council shall deem  the
sureties of them, or either of them, insufficient, they may require the said receiver of taxes, or the said deputy receiver, or
the said first clerk, to enter into a new bond with the like sureties, and to be approved in like manner as hereinbefore prescribed, within such time as they may direct, not being less
than ten days after requiring such new bond to be given, and,
in case of the neglect or refusal of such officer to furnish such
bond within the time so directed, the said common council may
declare his office vacant.
Provision in  SEC. 13. In case of the inability of the said receiver, or of
case of their
sickness or the said deputy receiver, to perform the duties of his office, by
reason of sickness or absence from  the city, the comptroller
shall designate some suitable person to perform the duties of
his office during such inability, and shall, in his discretion, take
from such person a bond, with sufficient sureties, in the manner
prescribed in the eleventh section of this title.
ART. II.-OF THE MODE OF THE COLLECTION OF TAXES.
Assessment   SEC. 1. The board of supervisors of the city and county
rolls to be
delivered to of New York shall cause the corrected assessment roll of each
recever.  ward of the said city, or a fair copy thereof, to be delivered to
the receiver of taxes in the said city, on or before the first day
of September in each year.  [By sec. 27, chap. 121, 1850.]
With aer-   SEC. 2. To each assessment roll so delivered to the said
ed.     receiver of taxes, a warrant under the hands and seals of the
board of supervisors, or of any five or more of them, of whom
the mayor and recorder shall always be one, shall be annexed,
commanding such receiver to collect, from the several persons




TAXES AND ASSESSMENTS.                          1257
named in the assessment roll, the several sums mentioned in
the last column of such roll, opposite to their respective names,
and to pay the same, from time to time, when so collected, to
the chalnberlain of the said city, according to the provisions of
this act.
SEC. 3. The said receiver, upon receiving the said assessment Duty ofrerolls and warrants, shall proceed to collect and receive the said  ir
taxes from the several persons assessed in the said assessment
rolls, in the manner hereinafter mentioned.
SEC. 4. [Amended by sec. 29, chap. 121, Laws of 1850, to Tax entitled
-tt~~~~ ^^1 11   t~ to reduction.
read as follows:] If any person, who shall be assessed in any
of the said assessment rolls, shall pay the amount of his taxes,
on or before the first day of November succeeding the delivery
of the said assessment rolls and warrants to the said receiver, it
shall be the duty of the said receiver to receive the same, and
to deduct therefrom at the rate of seven per cent. per annum,
between the day of such payment and the first day of December
then next succeeding.
SEC. 5. [Amended by sec. 30, chap. 121, Laws of 1850, to Notice.
read as follows:] If any such taxes shall remain unpaid on the
first day of November, it shall be the duty of the said receiver
of taxes to give public notice, by advertisement in six or more
of the public newspapers printed in said city, that unless the
same shall be paid to him at his office, on or before the first day
of December in such year, he will, immediately after that day,
proceed to collect the same, as provided in the next section.
SEC. 6. [Amended by sec. 31, chap. 121, Laws of 1850, to Percentage.
read as follows:] If any such tax shall remain unpaid on the
said first day of December, it shall be the duty of said receiver
to receive and collect upon such tax so remaining unpaid on
that day, in addition to the amount of such tax, one per cent.
on the amount thereof, and to charge, receive and collect upon
such tax, so remaining unpaid on the fifteenth day of said month
of December, one per cent. in addition on the amount thereof;
and, on the first day of January thereafter, a further addition or
increase of one per cent. upon the amount of such tax. And
such increase or per centage shall be paid over and accounted
for by such receiver from time to time, as thereinbefore prescribed, as part of the tax collected by him.
SEC. 7. [Amended by sec. 32, chap. 121, Laws of 1850, to Personal notice of taxes
read as follows:] If any such tax shall remain unpaid on the unpaid.
first day of December, after the delivery of the assessment rolls
and warrants to the said receiver, the said receiver shall, immediately thereafter, cause notice in writing to be given to the
person from  whom  the same shall be due, specifying therein
the amount of such tax, and the per centage which shall accrue




1258             ACTS RELATING TO THE CITY OF NEW YORK.
thereon, and requiring such person to pay the same to the said
receiver on or before the first day of January thereafter, at his
office.
How issued. SEC. 8. [Amended by sec. 33, of chap. 121, Laws of 1850,
to read as follows:] Such notice shall be served upon such person, if he be a resident, or engaged in the transaction of business, within said city, either personally, or by leaving the same
at his residence or place of business, as the case may be, with
some person of suitable age and discretion, at least eight days
before the said first day of January.
Warrant for
taxesunpai.  SEC. 9. [Amended by sec. 34 of chap. 121, Laws of 1850,
to read as follows:] The said receiver shall also, immediately
after the said first day of December, give public notice in at
least six of the public newspapers of the said city, to be published therein respectively at least ten days, notifying all persons, who shall have omitted to pay their taxes, to pay the same
to him, at his office, on or before the first day of January; and, upon
filing an affidavit of the service of the notice required by the sixth
[should be seventh] section of this act, as therein prescribed, in
the office of clerk of the city and county of New York, or that
the person named therein could not, upon diligent search and
inquiry, be found in the said city; and, also, upon filing an
affidavit or affidavits of the publication of the notice required by
the seventh [should be ninth] section of this act, as therein prescribed, it shall be the duty of the said receiver to charge,
collect, and receive, upon all taxes remaining unpaid on and
after the said first day of January, an interest at the rate of twelve
per cent. per annum, to be calculated from the day on which
the said assessment rolls and warrants shall have been delivered
to the said receiver.  It shall also be lawful for the said
receiver, if any such tax, with the interest thereon, as hereinbefore provided, shall remain unpaid on the fifteenth day of the
said month of January, to issue his warrant under his hand and
seal, directed to any constable or marshal of the said city and
county, commanding him to levy said tax, with interest thereon
at the rate of twelve per cent: per annum, from  the day of the
delivering of the assessment rolls and warrants to the said
receiver, to the time when the same shall be paid, by distress
and sale of the goods and chattels of the person against whom
the said warrants shall be issued, or of any goods and chattels
in his possession, wheresoever the same shall be found within
the said city, and to pay the same to the said receiver, and
return such warrant within thirty days after the date thereof;
and no claim of property to be made to such goods and chattels,
so found in the possession of the said party, shall be available
to prevent a sale.
Dutyofsher-  SEC. 10. The said sheriff, constable, or marshal, shall give
iff, constable
or marshal. public notice of the time and place of sale, and of the property




TAXES AND ASSESSMENTS.                         1259
to be sold, at least six days previous to the sale, by advertisements to be posted up in at least three public places in the
ward where such sale shall be made. The sale shall be by public auction.
SEC. 11. If the property distrained shall be sold for more Property
distrained
than the amount of the tax, the surplus shall be returned to the to be sold.
person in whose possession such property was when the distress
was made, if no claim be made to such surplus by any other
person.  If any other person shall claim such surplus, on the
ground that the property sold belonged to him, and such claim
be admitted by the person for whose tax the same was distrained, the surplus shall be paid to such owner; but if such claim
be contested by the person for whose tax the property was distrained, the surplus moneys shall be retained by the said sheriff
until the rights of the parties shall be determined by due course
of law.
SEc. 12. In case of the refusal or neglect of any person to cProVisnin
pay any tax imposed on him for personal property, if there be payment of
tax for perno goods or chattels in his possession upon which the same sonal prop.
may be levied by distress and sale according to law, and if the ety'
property assessed shall exceed the sum of one thousand dollars,
the said receiver, if he has reason to believe that the person
taxed has debts, credits, choses in action, or other personal
property, not taxed elsewhere in this state, and upon which
levy cannot be made according to law, may thereupon, in his
discretion, make application, within one year, to the court of
common pleas of the county, or the supreme court, to enforce
the payment of such tax.
SEC. 13. The court may impose a fine for the misconduct Fine may b
mentioned in the next preceding section, sufficient in amount equalto theI
for the payment of the tax assessed, and of the costs and expenses t andot
of the proceedings authorized by this act to enforce such payment, or to punish such misconduct; and the amount of such tax
shall be paid out of such fine to the said receiver, who shall pay
the same in like manner as the tax was required to be paid; and
costs and expenses of such proceedings shall be paid out of such
fine to the said receiver who made the application to enforce the
payment of the tax.
SEC. 14. Whenever any bond taken under the provisions ofd prosecto 
the last preceding section of this act shall be ordered to be pros- operat as
ecuted, such order shall operate as an assignment of the bond to ment of bond
the said receiver, who shall be authorized to prosecute the same
in any court of record, in his name as such receiver, as the assignee of the officer to whom the bond was given, in the same
manner as in other actions on bonds with conditions to perform
covenants other than for the payment of money; and the measure
of damages in such action shall be the extent of such tax, and the




1260             ACTS RELATING TO THE CITY OF NEW YORK.
costs and expenses of the proceedings to enforce the payment
thereof, and shall be applied and paid in like manner as the fine
mentioned in the next preceding section, as therein directed to be
applied and paid; and in all such actions, if the plaintiff recovers,
he shall recover all costs against the defendant.
Tarpeaions  SEC. 15. The said receiver shall demand payment of all taxes
of whom de- assessed on incorporated companies in the said city, from  the
manded.
president or proper officer of such companies, and, if not paid,
shall proceed in the collection and payment thereof, in the same
manner as in other cases, and his receipt shall be evidence of
the payment of such tax.
Tobe paid   SEC. 16. Such taxes shall be paid out of the funds of the comout of company's funds pany, and shall be ratably deducted from the dividends of those
stockholders whose stock was taxed, or shall be charged upon
such stock, if no dividends be afterwards declared.
In case of    SEC. 17. If the said receiver.shall not be able to collect any tax
inability to
collect taxes assessed upon an incorporated company, he shall return the same
tfonsP.   to the chamberlain, and at the same time make affidavit, before
him or some other officer authorized to administer oaths, that he
had demanded payment thereof from the president, or other
proper officer of the company, and that such officer had refused
to pay the same, or that he had not been able to make such
demand, as the case may be; and that such company had no
personal property from which he could levy such tax.
[SEcs. 18, 19, 20 and 21 repealed by chap. 152, Laws of 1862.]
ART. III.-SALE OF LANDS FOR TAXES.
Provisionfor SEC. 1. Whenever any tax on lands or tenements in the said
the sale of
lands for  city shall remain unpaid on the fifteenth day of April in any
non-payment
of tZxYs.  year, and the affidavits prescribed by the ninth section of the
second article of this title shall have been filed, it shall and may
be lawful for the comptroller of the city of New York to take
order for advertising the said lands and tenements, or any of
them, for sale, and by such advertisements the owner or owners
of such lands and tenements respectively shall be required to
pay the amount of such tax so remaining unpaid, together with
interest thereon, at the rate of twelve per cent. per annum, to
the time of payment, with the charges of such notice and
advertisement, to the receiver of taxes of the said city; and
notice shall be given by such advertisements, that, if default
shall be made in such payment, such lands and tenements will
be sold at public auction, at a day and place therein to be specified,
for the lowest term of years at which any person or persons
shall offer to take the same in consideration of advancing the
said tax, and the interest thereon, as aforesaid, to the time of




TAXES AND ASSESSMENTS.                        1261
sale, and together with the charges of the above-mentioned
notice and advertisement, and all other costs and charges
accrued thereon.  And if, notwithstanding such notice, the
owner or owners shall refuse or neglect to pay such tax, with
interest, as aforesaid, and the charges attending such notice and
advertisement, then:it shall and may be lawful to and for the
said comptroller to cause such lands and tenements to be sold
at public auction for a term  of years, for the purpose and in
the manner expressed in the said advertisements; and such
sales shall be made on the day for that purpose mentioned in
the said advertisements, and shall be continued from day to
day, if necessary, until all the lands and tenements so advertised shall besold; and the mayor, aldermen, and commonalty
of the city of New York shall give to the purchaser'or purchasers of any such lands and tenements a certificate, in writing, describing the lands and tenements so purchased, the term
of years for which the same shall have been sold, the sum paid
therefor, and the time when the purchaser will be entitled to a
lease for the said lands and tenements.  But no houses or lots,
or improved or unimproved lands, in the city and county of
New York, shall be hereafter sold or leased at public auction
for the non-payment of any tax which may be due thereon,
unless notice of such sale shall have been published once in
each week for three months, in at least ten of the daily newspapers printed and published in the city of New York, one of
which shall contain a particular and detailed statement of the
property to be sold for taxes, and such as is now published by
the street commissioner in one of the daily newspapers in the
city of New York, or the said detailed statement or description
shall be printed in a pamphlet, at the discretion of the said
comptroller, in which case the pamphlets shall be deposited in
his office and the office of said receiver, and shall be delivered
to any person applying therefor; and the notice provided for in
this section to be given, of the sale of houses and lots and improved and unimproved lands, shall also state that the detailed
statement of the tax and ownership of the property assessed or
taxed is published in one of the daily newspapers, naming the
same, or in a pamphlet, as the case maybe, and where the same
will be deposited, to be delivered to any person applying for
the same.
SEc. 2. The said comptroller shall, at least six months before Notice to bo
published;
the expiration of two years after any such sale, cause an adver- how lanis
may be retisement to be published, at least twice in each week for six deemed.
weeks successively, in one of the daily public newspapers
printed in the city of New York, in such form a.s he shall deem
best calculated to give notice of such sale; and that, unless the
lands sold be redeemed by a certain day, they will be conveyed
to the purchaser: And if the person claiming title to the said
lands and tenements, or some other person, shall not, within




1262             ACTS RELATING TO THE CITY OF NEW YORK.
two years from the date of the above-mentioned certificate, pay
to the said comptroller, for the use of the purchaser, his executors, administrators, or assigns, the sum mentioned in such certificate, together with the interest thereof, at the rate of fourteen
per cent. per annum  from  the date of such certificate, the
mayor, aldermen, and commonalty of the said city shall, at the
expiration of the said two years, execute to the purchaser, his
executors, administrators, or assigns, a lease, under the common
seal of the said city, of the lands and tenements so sold, for such
term of years as the same shall have been sold; and such lease
shall be conclusive evidence that the sale was regular according
to the provisions of this act: And such purchaser or purchasers,
his, her, or their executors, administrators, and assigns, shall,
by virtue thereof, and of this act, lawfully hold and enjoy the
said lands and tenements in the said lease mentioned, for his,
her, or their own proper use, against the owner or owners
thereof, and all claiming under him, her, or them, until such
purchaser's term therein shall be fully complete and ended: And
the said purchaser or purchasers, his, her, or their executors,
administrators, or assigns, shall be at liberty to remove all the
buildings or materials which he, she, or they shall erect or place
thereon, during the said term, within one month after the expiration of the said term, but leaving the lands and tenements,
with the streets fronting the same, in the order required by
the regulations of the common council.
Sec. 10, act   SEC. 3. Section 10 of the act entitled "An act to amend an
of' 18'9, repealed.   act entitled an act to reduce the several laws relating particularly to the city of New York into one act," passed April 20,
1839, so far as it relates to advertising and selling real estate,
or other property, for non-payment of taxes, is hereby repealed.
Nothing herein contained shall refer to assessments laid upon
real estate or other property.
Sales may b SEC. 4. It shall be lawful for the mayor, aldermen, and comsuspended,y order of monalty of the city of New York, whenever they shall deem it
coummc.   expedient, by a resolution to be passed in common council, to
suspend or postpone any sale or sales of lands and tenements,
or any portion thereof, which shall have been advertised for sale
in pursuance of the first section of this article, to any time
not exceeding fifteen months from the day specified in any such
advertisement.
end may bf  SEC. 5. All sales, which shall be postponed or suspended by
made with- virtue of the last section, shall be made without further adverout further
notice.   tisement, other than a general notice of such postponement, to
be published in two or more of the public newspapers in the city
of New  York, at least once a week, until the time of sale;
and such sales, when made, shall be as valid and effectual as if
the same had taken place at the time for that purpose first
advertised.




TAXES AND ASSESSMENTS.                      1263
SEC. 6. All sales of lands and tenements for taxes, under and by  sowto
virtue of this act, may hereafter be conducted by the said comptroller, or by his deputy, and it shall not be necessary to employ
a public auctioneer for any such sales.
SEC. 7. The above-mentioned proceedings by advertisement L"ads may
be sold,
and sale may take place, in any case of such unpaid tax as is though warabove mentioned, notwithstanding a warrant of distress may tress may
have been issued for the collection thereof, in the manner above iaedbeea
mentioned, in case the whole or any part of such tax shall be
uncollected thereupon. And nothing in this act shall be construed to prevent the collection of any tax or taxes by distress
and sale of the goods and chattels of the owner or owners,
occupant or occupants, of any lands or tenements therein or
thereby assessed.
SEC. 8. In advertising houses and lots, improved or unim-Lots, how to
be adverproved lands, to be sold for the non-payment of taxes, it shall tised i parbe the duty of the said comptroller to advertise all the houses cel
and lots, or other lands, lying contiguous to each other, and
belonging to the same owner, in one parcel, unless otherwise
requested by such owner.
SEC. 9. Certificates of sale shall be made and delivered to the Certificates
of sale to be
purchasers without charge, and no charge shall be made in the goiven withsale for the second advertisement and lease, but the former shall out charge.
be paid by the owner at the time of the redeeming, or by the
purchaser when he shall receive a lease.  The expense of drawing and executing a lease shall be paid by the purchaser at the
time of receiving the same, and not exceed fifty cents.
SEC. 10. The rate of interest allowed by law to the purchaser ate of interest to be
at the time of redemption, on the amount of the purchase-alowed.
money, shall be reduced to fourteen per cent. per annum; but
no interest shall be calculated on a less portion of time than onequarter of a year; and in all cases where the property shall be
redeemed during any fractional part of a year, the interest shall
be calculated so as to include the quarter in which such redemption shall be made, the time to be computed from the day of
sale.
SEC. 11. In all cases where pieces or parcels of land shall Parts of lots
may be rehave been sold for taxes, and any person shall claim to redeem deemed.
any portion of the same within the time limited for redemption,
he shall be permitted to do so on paying the apportionment
of the tax for which the property was sold, together with
the interest on the same, and an equitable proportion of the
expense; the apportionment to be made by the comptroller.
SEC. 12. In cases of sales of real estate for the non-payment Notice tobe
given of reof taxes in the city of New York, it shall be the duty of the demotion to
said comptroller, sixty days before the time limited by law for tgaoee




1264             ACTS RELATING TO THE CITY OF NEW YORK.
the redemption of any real estate from the effect of such sale, or
cause notice to be given to all mortgagees of the real estate so
sold, their assignees or personal representatives, and to all owners, lessees, or persons otherwise interested, who shall at any
time, at least one month before the time for giving such notice,
have filed in the office of the register of the city and county of
New York a memorandum  of such mortgage, and of such real
estate, containing a brief abstract, designating the property,
with the street numbers if there be any, or such definite description or diagram as will enable the said comptroller to designate
the said premises upon the city maps, and the name and residence of such mortgagee, assignee, or personal representative,
and such owner, lessee, or person otherwise interested.
Notice, how   SEC. 13. Such notice shall be given by putting into the postto be sent to
mortgagees office in the city of New York, directed to such mortgagees, assignees, or personal representatives, at their places of residence,
if known to the comptroller, and such owners, lessees, or persons otherwise interested, a printed list describing all the property sold for taxes, and remaining unredeemed.  Such description shall name the street or avenue on which the property may
be situate, the side of the street or avenue, and between what
streets or avenues, with the map or street numbers of the property, and in whose name assessed, together with the ternm of
years and amount for which the same shall have been sold, and
the day or days on which the time limited for the redemption
of the property will expire, with a notice that unless the property shall be redeemed on or by such days, by the payment of
the sums for which the same was sold, with all interest and
expenses allowed by law, that leases will be given to the purchasers, in accordance with the statute in such case made and
provided.
Proof of ser-  SEC. 14. An affidavit of the service of such notice as is above
vice of notice.    required, before any officer authorized to take affidavits, to be
read in a court of record, and filed in the office of the said register of deeds, or a certified copy thereof, under the signature of
such register, shall be evidence of the fact of such notice.
Duty of re-   SEC. 15. It shall be the duty of the said register of deeds to
get of   keep in his office a book, alphabetically arranged, for the registering of all such memorandums, as aforesaid, which book shall
be open to the inspection of any person desiring to examine the
same, without charge.
His fees.  SEC. 16. The said register shall be entitled to receive twentyfive cents for performing the above services, and he shall make
no other charge therefor, under any pretense whatever.
Mortgagees,  SEC. 17. Such mortgagees, or their assignees, or personal
deem lands representatives, shall be entitled to redeem  the property sold,




TAXES AND ASSESSMENTS.                          1265
from the effect of such sale, at any time within two years from and have a
the date of such sale, and shall have a lien on the property amount paid.
for the amount paid, with the interest which may thereafter
accrue thereon, at the rate of seven per cent. per annum, in
like manner as if the same had been included in such mortgage.
SEC. 18. The act entitled "An act authorizing mortgagees Act of 1840
to redeem  real estate sold for taxes and assessments," passed Nott eawlyo
May 14, 1840, shall not apply to the city and county of New
York, in any case in which the notice and affidavit herein
provided for shall have been given and filed, as required by the
tenth section of this article.
SEC. 19. No person shall be entitled to the benefit of the pro- Persons envisions of the first, second, and sixth sections of the act entitled benefit of
"An act authorizing mortgagees to redeem  real estate sold for Prto act
taxes and assessments," passed May 14, 1840, for any lands or
tenements in the city of New York, sold for taxes, unless the
memorandum mentioned in the twelfth and thirteenth sections
of this article shall have been filed as therein provided; and, in
such case, it shall only be necessary to give the notice in the
manner therein designated.
SEC. 20. Whenever any lands or tenements sold for taxes in Notice to be
the city of New York, and conveyed in the manner provided socrpdLtsof
by law, shall, at the time of conveyance, be in the actual occu- ltaedg:,tl,,
pancy of any person, the grantee to whom the same shall have
been conveyed, or the person claiming under him, shall serve a
written notice on the person occupying such lands or tenements,
and in all cases on the person last assessed as owner, whether
the property be in occupancy or not, provided such person has a
residence, or actually resides, in the city of New York, stating,
in substance, the sale and conveyance, the person to whom
made, and the amount of consideration money mentioned in
the conveyance, with the addition of forty-two per cent. on such
amount as the said lands or tenements were struck off for at
the time of the sale, and the further addition of the sum paid
for the lease and advertisements; and stating also, that unless
such consideration money, and the said forty-two per cent.,
together with the sum  paid for the lease and advertisement,
shall be paid to the said comptroller for the benefit of the grantee,
within six months after the service of such notice, that the said
conveyance would become absolute, and the occupant and all
others interested in the lands or tenements be barred from  all
right and title thereto during the term of years for which such
lands or tenements shall have been conveyed.
SEC. 21. Such notice shall be served personally, or by leaving Notice, how
the same at the dwelling-house of the occupant and person last to beservd
80




1266             ACTS RELATING TO THE CITY OF NEW YORK.
assessed as owner, with any person of suitable age or discretion
belonging to his family.
Land maybe  SEC. 22. The occupant, or any other person, may at any time
within the within the six months mentioned in such notice redeem  the said
x    lands or tenements in the same manner as now provided by
law for the redemption of lands sold for taxes in the city of
New York, by paying such purchase money, with the addition
or forty-two per cent. thereon, and the amount that shall have
been paid for the lease; and every such redemption shall be as
effectual as if made before the conveyance of the lands or tenements sold.
Affidavit to SEC. 23. In every such case of actual occupancy, the grantee,
be filed with
comptroller. or the person claiming under him, in order to complete his title
to the land conveyed, shall file with the said comptroller the
affidavit of some person residing in the city of New York, who
shall be certified as credible by the officer before whom  such
affidavit shall be taken, that such notice as is above required
was duly served, specifying the mode of service  and a copy of
such notice shall be attached thereto.
Conveyance,  SEC. 24. If the said comptroller shall be satisfied, by such
when to become abso- affidavit, that the notice has been duly served, and if the moneys
required to be paid for the redemption of such land or tenements shall not have been paid as hereinbefore provided, he shall
certify to the fact, and the conveyance shall thereupon become
absolute; and the occupant and all others interested in the
land or tenements shall be barred of all right and title thereto,
during the term  of years for which the same shall have been
conveyed.
Construction  SEC. 25. The twenty-second section of this article shall be
of 22d section.    construed to authorize the computing of the forty-two per cent.
named therein on the amount of sale and expenses authorized
by law, and not to be in addition to or upon the interest accruing after the sale.
Divided or   SEC. 26. If a sum  of money in gross has been or shall be
undivided
parts of lots taxed, upon any lands or premises in the city of New York, by
may be redeemed.  virtue of' any law of this state, any person or persons claiming
any divided or undivided part thereof may pay such part of the
sum of money so assessed or taxed, and also of the interest and
charges due or charged thereon, as the mayor, aldermen, and
commonalty of the city of New York, in common council convened, may deem to be just and equitable; and the remainder
Taxes on re- of the sum of money so taxed, together with the interest and
beai aie  charges, shall be a lien on the residue of the land only, which
theren.  may be sold in pursuance of the provisions of this article, to
satisfy the residue of such tax, interest, and charges, in the same
manner which it could have been, provided the residue of said




TAXES AND ASSESSMENTS.                          1267
tax had been imposed upon the residue of said lands and tenements: Provided always, That nothing herein contained shall Proviso
be so construed as to release the occupant of any such premises
from his liability to pay the taxes upon the whole of the premises, which he is or shall be in the occupation of.
ART. IV.-REPEAL OF OTHER PROVISIONS AND TIME WHEN THIS
ACT SHALL TAKE EFFECT.
SEC. 1. The provisions of chapter 13 of the first part of the Ch. 13,R.S.
Revised Statutes, regulating the collection of taxes, shall here- to New Yo
after be inapplicable to the city and county of New York.
SEC. 2. All former laws, acts, and parts of acts, relating to Repeal.
the collection of taxes in the city of New York, or to the officers
by whom the same shall be collected, and to the sale of property,
real or personal, therefor, or to the redemption of real estate
sold for taxes in the said city, and all other acts or parts of acts
inconsistent herewith, are hereby repealed.
SEC. 3. Neither of the two preceding sections shall in any s"ving
manner be construed to affect any act done or right accrued, or
any proceeding, or any suit or prosecution for any offense, or
for the recovery of any penalty or forfeiture, commenced or
pending, under any of the provisions, acts, or parts of acts
thereby repealed, or declared inapplicable to the city and county
of New York.
SEC. 4. This act shall take effect immediately, except the When to
take effect.
provision to abolish the office of collector ot taxes, which provision shall take effect on the first day of April, 1844.
1843.-CHAPTER  CCXXXV.
AN ACT to authorize the Mayor, Aldermen, and Commonalty of
the City of New York to purchase lands for Taxes and Assessment in certain cases, and for other purposes.-Passed April 18,
1843, by a two-third vote.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. It shall be lawful for the comptroller of the city of Land may
New York, at any sale of lands for taxes in the said city, and city, atsales
for the street commissioner of the said city, at any sale of lands fs's tents
for assessments in the said city, held pursuant to law, to bid in,
for the mayor, aldermen, and commonalty of the said city, every
lot of land and premises by them put up, for which no person
shall offer to bid; and certificates of such sale shall be made by




1268             ACTS RELATING TO THE CITY OF NEW YORK.
the said comptroller and the street commissioner, in the several
cases of such sale for taxes or assessments, which shall describe
the lands purchased, and specify the term  of years for which
the same shall have been sold, and the time when the said
mayor, aldermen, and commonalty will be entitled to a lease of
such lands and premises.  Such purchases shall be subject to
the same right of redemption as purchases by individuals; and
if the lands sold shall not be redeemed, or shall not have been
assigned as hereinafter provided, the said comptroller, in sales
for taxes, and the said street commissioner in sales for assessments, shall execute a lease therefor, by virtue of the authority
in them vested by this act, to the said mayor, aldermen, and
commonalty, in the same form and with the same effect as in
the cases of leases to individuals, as now authorized by law.
nd streetr  SEC. 2. It shall be the duty of the said comptroller, in all
commission- cases of purchases of land by the said mayor, aldermen, and
er to bid in
lands.    commonalty for taxes, and of the said street commissioner, in all
cases of purchases of land by the said mayor, aldermen, and
commonalty for assessments, to assign any and all of such purchases to any person who shall, at any time within one year
from  the time when such purchases were made, offer to take
the same, upon their paying to the said comptroller and street
commissioner respectively, ftr the use of the said mayor, aldermen, and commonalty, the purchase money, with seven per
cent. interest thereon.
Land n hao   SEC. 3. The persons receiving the assignments mentioned in
terms re- the next preceding section shall be entitled, upon the redemption of the property, to receive the amount paid by them to the
said mayor, aldermen, and commonalty, with interest from the
time of such payment, at the same rate and in the same manner
as if they had purchased the property at a sale for taxes or assessments.
Timep forre.  SEC. 4. In all cases of lands and premises purchased by the
mayor, aldermen, and commonalty, for taxes or assessments, in
which the same shall not have been assigned, as provided in the
second section of this act, any person may redeem the same
previous to the time when the mayor, aldermen, and commonalty shall be entitled to a lease of such lands and premises, by
paying, in the manner provided by law, for the use of the said
mayor, aldermen, and commonalty, the purchase-money, with
seven per cent. interest thereon, together with any expense
which shall have accrued since the sale.
Rights of   SEC. 5. In all cases where mortgagees of real estate sold for
mortgagees
and lessees. taxes and assessments in the city of New York, their personal
representatives, or owners, lessees, or persons otherwise interested in any lands or tenements so sold, shall file in the register's
office of the said city a memorandum of such mortgage or prop



TAXES AND ASSESSMENTS.                         1269
erty, pursuant to the act entitled " An act in relation to the
redemption of lands sold for taxes or assessments in the city pf
New York," passed May 6, 1841, and of the act entitled " An
act in addition to the acts respecting the collection of taxes and
assessments in the city and county of New York," passed May
25, 1841, the street commissioner shall cause the notice of such
sale required by said acts to be given by such persons, by sending to them, in the manner therein provided, a printed list
describing all the property sold for assessment or taxes and
remaining unredeemed.  Such description shall name the street
or avenue on which the property may be situated, the side of
the street or avenue, and between what streets or avenues, with
the map or street numbers of the property, and in whose name
assessed, together with the term of years and amount for which
the same shall have been sold, and the day or days on which
the time limited for the redemption of the property will expire,
with a notice that unless the property shall be redeemed on or
by such days, by the payment of the sums for which the same
was sold, with all interest and expenses allowed by law, that
leases will be given to the purchasers in accordance with the
statute in such case made and provided; and it shall not be
necessary for the street commissioner to give any other or further notice, to the person aforesaid, than is herein contained.
SEC. 6. The notice required to be given to the occupant of Nctce tto
property sold for taxes and assessments in the city of New York, property
and the person last assessed as owner, by the grantees of such 
property, in accordance with the third and fourth sections of the
last-mentioned act, shall be extended in all cases to the person
last assessed as owner, whether the property be in occupancy
or not; such person so to be notified shall be the person who
shall have been last assessed as owner by the assessors of the
ward in which the property shall be situate, at the time when
such notice shall be actually given by such grantee; but such
notice shall only apply to the persons assessed who have a residence, or who actually reside, in the city and county of New
York.
1845.-CHAPTER CCCVIII.
AN ACT to enable the Receiver of Taxes in the City of New York,
and the Comptroller of the said City, to collect the Taxes remaining unpaid. —Passed May 14, 1845, by a two-third vote.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. It shall be the duty of the receiver of taxes in the city Payment of
taxes in arof Nlew York to collect all arrearages of taxes due and payable rears to be
enforced.




1270             ACTS RELATING TO THE CITY OF NEW  YORK.
prior to the 1st day of October, 1843, with interest thereon, and
to enforce the payment thereof by distress and sale of the goods
and chattels of the person against whom said tax has been assessed;
and the provisions of the act entitled " An act for the collection of taxes in the city of New York," passed April 18, 1843,
so far as the same relates to distress and sale of goods and chattels for the payment of taxes, shall be in full force, and applicable to the collection of such taxes under this section.
Costs t be  SEC. 2. In all cases where the said receiver shall proceed by
addition to distress and sale of the goods and chattels of any person, for
tax.    the payment of any tax due and payable, as well before as after
the said 1st day of October,  843, it shall be lawful for him to
authorize and empower the officer making such distress and sale
to collect, in addition to the tax and the interest thereon, the
costs of such distress and sale.
Lands may   SEC. 3. It shall be lawful for the comptroller of the city of
New York to sell any lands or tenements in said city, for the
payment of any tax due thereon, prior to the 1st day of October, 1843; and all the provisions of article third of the said act,
entitled " An act for the collection of taxes in the city of New
York," passed April 18, 1843, shall be applicable to such sale,
and the prior proceedings to effect the same.
Repeal.    SEC. 4. All acts and parts of acts, inconsistent with the provisions of this act, arehereby repealed.
SEC. 5. This act shall take effect immediately.
1851.-CHAPTER  CCLXXVI.
AN ACT to increase the Powers and Duties of the Deputy Collectors of Assessments in the City of New York.-Passed June 23,
1851.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. All duties or acts which are, by section second, of
the act entitled "An act for the more effectual collection of
taxes and assessments in the city of New York," passed April
12, 181, required to be performed by the collector of assessments in the city of New  York, may be performed and discharged by any deputy collector of assessments in said city.
SEC. 2. This act shall take effect immediately.




TAXES AND ASSESSMENTS.                          1271
1852.-CHAPTER XLVI.
AN  ACT to exempt the Mint or Branch Mint of the United States,
in the City of New York, from Tax or Assessment.-Passed March
3, 1852.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. No tax or assessment shall, at any time, be imposed, Property exassessed, or collected, upon the mint or branch mint of the tax.
United States, which may be authorized by act of congress to
be established in the city of New York; neither upo' the land
on which the buildings used, or to be used therefor, shall or
may be erected, nor upon the buildings used, or to be used, therefor, nor upon the machinery used, or to be used, therein, nor upon
bullion or metal deposited for coinage, nor upon coin deposited
for recoinage, nor upon the coin stamped at said mint or branch
mint, while in the custody of the officers of said mint or branch
mint of the United States in the city of New  York.
SEc. 2. This act shall take effect immediately.
1852.-CHAPTER CCLXXXII
AN ACT d fining the Exemptions from Taxation on Public Buildings in the City of New York.-Passed April 14, 1852.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The exemption from taxation of every building for Builgsfor
public worship, and every school-house or other seminary of ship, school.
l~.      -,^  ^.".     p   -, ~ p...  ~., j ~..  hous es, etc.,
learning, under the provisions of subdivision three of section exempt.
four, title one, chapter thirteen, of part first of the revised
statutes, or amendments thereof, shall not apply to any such
building or premises in the city of New  York, unless the same
shall be exclusively used for such purposes, and exclusively
the property of a religious society, or of the New York public
school society.
1853.-CHAPTER CCCCVI.
AN ACT to exempt the Assay Office of the United States, in the
City of New York, from Assessment or Tax. —Passed June 18,
1853, " three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. No assessment or tax of any description, general No,aexes
or local, shall be imposed, assessed, or collected, upon the assay to b impos



1272              ACTS RELATING TO THE CITY OF NEW  YORK.
ed upon the office of the United States, which, by act of congress of March,
1853, it is provided shall be established in the city of New
York; neither upon the land owned by the United States, on
which the building or buildings used, or to be used, therefor
shall or may be erected; nor upon the buildings used, or to be
used, therefor; nor upon the machinery used, or to be used, therein; nor upon the metal, bullion, or coin deposited for melting, remelting, or assaying; nor upon the bars or ingots, after melting, remelting, or assaying, while the same is in the custody,
possession, or under the control of the officers of the assay
office of the United States, in the city of New  York.
SEC. 2. This act shall take effect immediately.
1853.-CHAPTER DLXXIX.
AN ACT to simplify the Manner of Collecting Arrears of Taxes,
Assessments and regular Rents of Croton Water, in the City and
County of New  York. —Passed July 20, 1853, "three-fifths
being present."
The People of the State of New Yor7c, represented in Senate and
Assembly, do enact as follows:
Ward or    SEC. 1. In all assessments for any improvements hereafter to
block
number.  be made, in addition to the known street numbers, if there be
any, the same ward or block numbers shall be used to designate
the lots as are or may be used to designate them  in assessments
for taxes, and no other numbers, except where no ward or
block numbers exist.
Bureau of    SEC. 2. There shall be a bureau of arrears in the department
of finance, at the head of which shall be a clerk of arrears.
Duty of clerk  SEC. 3. All the duties heretofore required by law to be performed by the street commissioner and comptroller, in relation
to advertising, selling and leasing for assessments, taxes, and
regular rents of Croton water, and the redemption of property
sold therefor, shall hereafter be performed by the clerk of arrears,
under the direction of the comptroller.
street com. ~ SE. 4. The street commissioner shall, without delay, furnish
lissioner.  to the clerk of arrears an account of all property which has
been sold for assessments, whereof the time for redemption shall
not have expired.
Comptroller   SEC. 5. The comptroller shall, without delay, furnish the clerk
to furnish an
account of of arrears with an account of all property which has been sold
property  for taxes, or for regular rents of Croton water,  whereof the time
for redemption shall not have expired.




TAXES AND ASSESSMENTS.                          1273
SEC. 6. No assessment for any improvement shall hereafter be Conrmieng
deemed to be fully confirmed, so as to be due, and be a lien
upon the property included in it, until the title thereof, with
the date of confirmation, shall have been entered, with the date
of such entry, in a record of the titles of assessments, to be
kept in the street commissioner's office, and which may be used
as an index to a record of assessments; and until the title of the
saidX assessment shall have been also entered, with the date of
confirmation and the date of such entry, in a record of the titles
of assessments confirmed, to be kept in the office of the clerk of
arrears.
SEC. 7. The street commissioner shall give to the clerk of Strs~t omarrears a separate return, with particulars of all arrears remain- give a sepaing unpaid on each and every assessment so entered, without rate retur
delay, on the expiration of twelve months after the date of such
entry thereof, as required in the preceding section, and of every
assessment which was confirmed before the passage of this act,
which has been due twelve months, or over; or as soon as
they shall have been twelve months due; and he shall, at the
same time, notify the comptroller of the aggregate amount
of arrears of each assessment so returned, and balance, on
his books, the accounts of arrears so returned, by charging
the amount thereof to the bureau of arrears, and there shall
thereafter be received no payments by him, or in his department, on account of arrears so returned, and he shall be entitled
to draw  on the comptroller for any amount, to the extent of
the amount of arrears so returned, necessary to complete the
payments due  to  the persons who were to be paid from
the proceeds of said assessments, and also for the amount of
compensation due thereon to the collectors, the amount or rate
of which shall not be changed by the passage of this act.
SEC. 8. The clerk of arrears shall, without delay, make a
requisition on the street commissioner for any returns required
by section seven of this act, which may be omitted to be made.
SEC. 9. [Amended by sec. 9, chap. 335, Laws of 1854, so as Presidentu
to read as follows:] The president of the Croton aqueduct board duct board.
shall annually, on the last day of the month of April, cause to
be prepared and transmitted to the clerk of arrears a separate
account, for each ward, of all lots in which the said regular
rents for that water year may remain unpaid, with the amount
due on each lot, and shall include in such account, which he
shall first render after the passage of this act, whatever regular
rents may remain unpaid of previous years, and shall at the time
notify the comptroller of the aggregate amount of the regular
rents so returned, and shall thereafter receive no payments on
account of the same, but may, nevertheless, certify to the
clerk of arrears any overcharges, which shall upon such certi



1274             ACTS RELATING TO THE CITY OF NEW YORK.
ficate be remitted by the clerk of arrears at any time before settlement.
esmentas    SEC. 10. There shall be ruled, in the yearly assessment rolls
rolls.    for taxes of each ward, a new column, headed " regular rents,"
in which, immediately after the confirmation of such assessment
rolls, the clerk of arrears shall cause to be entered, opposite to
the ward numbers of the property, on which the said arrears
rentglr  may be due, the amounts due for "regular rents," as transmitted
to him, in accordance with the provisions of the preceding section, and the same shall be, and continue to be, with the charges
thereon, until paid, a lien upon the property on which they may
be due, and shall be collected at the same time, and in the same
manner, with the taxes to which they shall be added.
Receiverof   SEC. 11. The receiver of taxes shall, on the first day of June
in each year, make a return to the clerk of arrears, of all taxes
on real estate, and of " regular rents " of Croton water, which
have been added thereto, remaining unpaid, and shall notify the
comptroller of the aggregate amount of arrears so returned, and
balance on his books the accounts of arrears so returned, by
charging the amount thereof to the bureau of arrears, and shall
thereafter receive no payments on account of arrears so returned,
but may, nevertheless, certify to the clerk of arrears any errors,
which shall, upon such certificate, be corrected by the clerk of
arrears any time before settlement.
Assessment   SEC. 1.2. There shall be ruled, in the yearly assessment rolls
rules,   arrears."   of taxes in each ward, a new  column, headed " arrears," in
which the clerk of arrears shall, annually, before any taxes for
the year are collected, cause to be entered the word " arrears,"
or "sold," according as the fact may be, opposite to the ward
numbers, on which any arrears of taxes, or of taxes with the
regular rents of Croton water added, shall be due, or on which
any assessment shall remain unpaid, which was due or confirmed
thirteen months prior to the first of June, then last past, or
which may have been sold for assessments, taxes, or regular
rents of Croton water, and yet be redeemable.
Arrears.   SEC. 13. There shall be ruled a column, headed "arrears,"
in every bill rendered for taxes, for lots on which said arrears
for assessments, taxes, or taxes with " regular rents," for Croton
water, added, may be due as aforesaid, or which may have been
sold and be yet redeemable; in which shall be written, opposite
the entry of the ward number of said lots, " arrears," or " sold,"
according as the fact may be; and it is hereby declared to be
Tecord to b9 the duty of th.e receiver of taxes to cause a record to be kept
kept, of lots
in arrearsor of the ward numbers of all lots so noted in said bill as in
sold,
arrears or sold, when said bills are presented for settlement, and
at the bottom of said bills shall be printed " the column for




TAXES AND ASSESSMENTS.                            1275
arrears indicates lots sold for arrears, or to be sold therefor;
arrears to be paid, and lots redeemed at the office of the clerk
of arrears."
SEC. 14. No real estate shall hereafter be sold, for any ar- hen real
estate may
rears of taxes on real estate or assessments thereon, until after be sold.
three years from the time when the same shall have become due,
nor for any arrears of "regular rents" for Croton water, until
four years from the time the same shall have become due. An
omission of the entry of " arrears," or "sold," in any bill, as
required in the preceding section, shall have no other effect
than to postpone the time of sale of the property represented
by the number, opposite which the entry shall have been omitted, in case of arrears, for the further term of one year, and to
extend the time for redemption two years, in cases of property
sold; but no bill shall be considered evidence of such omission,
unless paid and duly receipted.
SEC. 15. Interest shall hereafter be  charged at the rate of Interestto
twelve per cent. per annum, on all arrears of taxes and assessments returned to the clerk of arrears, from the time they become
due until paid; and on the " regular rents" and charges for Croton water, from  the time the taxes become due, to which they
may be added, as required in section ten of this act, until paid.
SEC. 16. The clerk of arrears, upon the requisition of any per- lerk to fr.
son, shall furnish a bill of all arrears of taxes, and of taxes with arrears of
water added,    any lot ol Iuue, taxes when
the'" regular rents" of Croton water added, on any lot or lots, requst
due prior to the first of June, then last past; and of assessments
which shall have been due twelve months or over, including the
amount necessary to redeem it or them, if it or they have been
sold for any arrears of assessments, taxes, or regular rents for
Croton water, and be yet redeemable; and upon the payment of
the said bill (which shall be called a " bill of arrears of assessments, taxes, and regular rents for Croton water, and for redemption"), his receipt thereon, which shall be conclusive evidence
of such payment, countersigned by the comptroller, who shall
cause to be kept a duplicate account of amounts so collected, or
the certificate of the clerk of arrears, countersigned by the comptroller, that there are no such liens on said lot or lots, shall forever Lot to oe
free from
free the said lot or lots from all liens of taxes, or for taxes with lien for
the regular rents for Croton water added, or for regular rents for payment
Croton water added to the taxes, prior to the first of June then of bill.
last past; and for all assessments, due thirteen months or over,
prior to the date of the said receipt or certificate, and from all
liens in consequence of sales for assessments, taxes, or regular
rents for Croton water, or for all of them, when the time allowed
by law for redemption had not expired at the date or time of
said payment or certificate.




1276             ACTS RELATING TO THE CITY OF NEW  YORK.
Fharges be    SEC. 17. Fees for the searches, to be paid into the city treaspaid into the ury, shall be included in the bills mentioned in section seventeen
[should be sixteen] of this act, and shall also be charged for certificates which shall be given by said clerk of arrears, respecting
lots on which there may be no arrears, when searches are
required; the said fees to be regulated by ordinance of the common council of the city of New York.
Corporation
to borrow eo  SEC. 18. The corporation of the city of New York is hereby
et defici- authorized to borrow, on the credit of the corporation, from time
time, such amounts as may be required to meet the deficiencies
caused by delay in collecting arrears of assessments; the aggregate amount so borrowed not to exceed, at any time, the aggregate amount of said arrears then outstanding.
epeal.     SEC. 19. All parts of acts, inconsistent with this act, are
he.reby repealed.
SEC. 20. This act shall take effect from January 1, 1854.
1858.-CHAPTER CCCXXXVIII.
AN ACTin relation to Frauds in Assessments for local Improvemenets
in the City of New York. —Passed April 17, 1858, " three-fifths
being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Proceedings   SEC. 1. If, in the proceedings relative to any assessment or
aggrieved by assessments for local improvements in the city of New York, or
fraud or  ir-: 
regularity. in the proceedings to collect the same, any fraud or legal irregularity shall be alleged to  have been  committed, the party
aggrieved thereby may apply to a judge of the supreme court, in
special term  or in vacation, who shall thereupon, upon due
notice to the counsel of the corporation of the city in which
the lands so assessed are situated, proceed forthwith to hear the
proofs and allegations of the parties.
ssessbment   SEC. 2. If, upon such hearing, it shall appear that the alleged
cated.    fraud or irregularity has been committed, the said assessments
shall be vacated, and the lien created thereby, or by any subsequent proceedings, shall cease.
Judgmen to   SEC. 3. On the production of the certificate of the judge,
cancel pro-before whom  the proceedings shall be had, that a judgment
ceedings. vacating any assessment has been made by him, it shall be the
duty of the officer having charge of the assessment lists to cancel
thereon the assessment so vacated, and all proceedings under
the same.




TAXES AND ASSESSMENTS.                            1277
SEC. 4. Any person applying for relief, under the provisions
of this act, may embrace in one proceeding any or all assessments, for local improvements, in which he is interested.
SEC. 5. Any lands which may be discharged from any lien for Land masyb'UVI VC ~yl~~9 ICAII-~\-~IJ IILLLVI~ I~I~VJ NV ~~NVLI~U~t ~   sre-assessed.
an assessment for any local improvement, may be again assessed,
in the manner now provided by law, for such amount as would
have been justly chargeable, if fraud or irregularity had not been
committed; but the amount so assessed shall be a lien on said
lands until paid, and shall be collectable in the manner now
provided by law for the collection of assessments, but all proceedings to make a new assessment shall be at the expense of
the corporation of the city in which the lands may be situated.
SEC. 6. This act shall take effect immediately.
1859. — CHAPTER  CCCII.
AN  ACT in relation to Taxes and Assessments in the City of New
York, and to amend the several acts in relation thereto.-Passed
April 14, 1859, " three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. Immediately upon the passage of this act, there shall commission.
be appointed by the comptroller of the city of New York three pointe(.
commissioners, who shall form a board and be designated commissioners of taxes and assessments for the city and county of
New  York, who shall hold their office for the term  of five
years and until others are appointed in their places. Any
vacancy in said board of commissioners, from  death, or resignation, or otherwise, shall be filled by said comptroller for the
balance of the term for which such commissioners are appointed.
The annual compensation for each commissioner shall be three
thousand five hundred dollars, to be paid monthly by the comptroller- out of the county treasury.
SEC. 2. The offices of ward assessors in the city of New York, Ward assopand commissioners of taxes and assessments, as heretofore exist- ~, a'0;h
ing, are hereby abolished, and the powers and duties now or
heretofore vested in, and performed by, the officers thereof, relative to the assessment of real and personal estate, shall hereafter be vested in and performed by the officers provided for by
this act, and in the manner hereinafter provided; and the provisions now existing in respect to the mode and manner of making assessments in the city of New York, as far as the same are
conformable to the supervision of the commissioners of taxes and
assessments, are hereby made applicable to the officers provided
for by this act.




1278              ACTS RELATING TO THE CITY OF NEW  YORK.
Deputy tax    SEC. 3. The board of commissionerof f taxes and assessments
commissioners.    shall appoint not to exceed twelve persons, to be known as
deputy tax commissioners, who shall perform, under their direction and supervision, the duties heretofore performed by the assessors of the several wards of said city, or such other duties as
they shall prescribe. They shall hold their office during the
pleasure of the said commissioners, and shall receive such compensation as may be determined by the said comptroller and
board of commissioners, not to exceed the sum of two thousand
dollars per annum to each of" said deputies, to be paid by the
comptroller out of the county treasury.
clerls.    SEC. 4. The said board of commissioners may appoint such
number of regular and extra clerks as, in their judgment, may be
necessary to perform such duties as may be prescribed by said
commissioners, who shall hold their office during the pleasure of
said commissioners, and shall receive for their services such compensation as may be fixed by the comptroller and the board of
commissioners, not exceeding at the rate of twelve hundred dollars per annum for the time employed, to be paid by the comptroller out of the county treasury.
Surveyor.    SEC. 5. The said board of commissioners shall appoint a surveyor from one of the city surveyors, whose duty it shall be to
make the necessary surveys and corrections of the ward maps,
and also all new maps which may be required for the more accurate assessment of real estate.  He shall hold his office at the
pleasure of the commissioners, and shall receive for his services
three thousand dollars per annum.
Offces to be SEC. 6. The board of supervisors of the city and county of
assigned   New York shall provide for and assign to the commissioners, and
their deputies, a suitable and convenient office or offices in any
of the public buildings in the city of New York, or elsewhere in
the city of New York, together with the requisite and necessary
books, stationery, lights, and fuel, and which said office or offices
shall be kept open during the usual days and hours, as the other
offices are by law required to be kept open, for the transaction
of business. The books, maps, assessment rolls, and other papers now pertaining to the office of commissioners of taxes and
assessments, shall be transferred to the custody and control of
the commissioners of taxes and assessments, appointed under this
act, and shall continue to be public records, and, at all reasonable times, shall be open to public inspection.
Duty of dep-  SEC. 7. It shall be the duty of the deputy tax commissioners,
uty tax commissioners. under the direction of the commissioners of taxes and assessments, to assess all the taxable property in the several districts
that may be assigned to them for that purpose by said commuissioners, and shall furnish to them, under oath, a detailed state



TAXES AND ASSESSMENTS.                          1279
ment of all such property; that said deputies have personally
examined each and every house, building, lot, pier, or other assessable property, giving the street and ward, map number of
such real estate embraced within said districts, together with the
name of the owner or occupant, if known; also, in their judgment, the sum for which such property, under ordinary circumstances, would sell, with such other information, in detail, relative to personal property, or otherwise, as the said commissioners may from time to time require.  Such deputies shall commence to assess real and personal estate on the first Monday of
September, in each and every year.
SEC. 8. The said commissioners shall keep in their office Annual record to be
books, to be provided for that purpose by the comptroller, to be kept.
called " the annual record of the assessed valuation of real and
personal estate," in which shall be entered in detail the assessed valuations of such property within the city and county of
New York, and which said books shall be open for examination
and correction from  the second M3onday of January until the
first day of May in each and every year, but on said last-mentioned day, the same shall be closed to enable the commissioners
to prepare assessment rolls of the several wards, for delivery to
the supervisors, as hereinafter provided.
SEC. 9. The said commissioners, previous to and during theAdvertising.... ^                   ^     ^by commistime said books are open for inspection, shall advertise the fact sioners.
in the several newspapers, or in such manner as they may deem
most advisable, and the charges therefor, certified by the commissioners, shall be audited and allowed by the supervisors as a
county charge.
SEc. 10. During the time the books shall be open to public Booksto be
T  i n'-t  i   I'  J-        i      i   kept open,
inspection, as hereinbefore provided, application may be made etc.
by any person considering himself aggrieved by the assessed
valuation of his real or personal estate, to have the same corrected. If such application be made in relation to the assessed valuation of real estate, it must be made in writing, stating the
ground of objection thereto; and thereupon the commissioners
shall examine into the complaint, and if, in their judgment, the
assessment is erroneous, they shall cause the same to be corrected. If such application be made in relation to the assessed valuation of personal estate, the applicant shall be examined under
oath by the said commissioners, who shall be authorized to administer such oath, or any of them, and if, in his or their judgment,
the assessment is erroneous, they shall cause the same to be
corrected, and fix the amount of such assessment, as they may
believe to be just, and declare their decision thereon, within
thirty days after such application shall have been made to them.
No reduction shall be made by the board of supervisors, of any
assessment on real or personal estate., imposed, under this act,




1280             ACTS RELATING TO THE CITY OF NEW  YORK.
unless it shall appear under oath or affirmation, that the party
aggrieved was unable to attend within the period prescribed for
the correction of taxes, by reason of sickness or absence from
the city.
Intentionof   SEC. 11. It being the intention of this act to provide for the
better equalization of the taxation in the city and county of
New  York, the commissioners may at any time before the
second day of April, in each year, increase or diminish at any
time before the closing of the books of annual record on the
first day of May in each year, the assessed valuation of any real
Valuations. or personal estate in said city, as, in their judgment, may be
necessary for such equalization; but they shall not increase
such valuations after said books are open for correction and review, except upon notice being given to the party affected by
such increase, twenty days before the closing of said books.
Assessment   SEC. 12. -On the first day of May, in each year, the commlsrolls to beo
made.    sioners shall cause to be prepared from the books of annual record of assessed valuations of real and personal estate in the
city of New York, assessment rolls for each of the several wards
of said city, in the same form as the same are now by law directed to be prepared, and shall annex to each of said rolls their
certificate, that the same is correct in accordance with the entries
in said books of record.
Rolls to be    SEC. 13. The rolls thus certified must, on the first Monday of
delivered to
the super- July in each year. be delivered by the said commissioners to
the supervisors of the city and county of New York, who shall
meet at noon on that day, at the city hall in said city, for the
purpose of receiving the same, and for the purpose of performing such other duties in relation thereto as are prescribed by
law.
Erection of   SEC. 14. Whenever any permit shall be granted by the probuildings,
piers, etc. per officer of the city government, for the erection of any
building, pier, or bulkhead within said city, a copy of such permiit shall be furnished by the said officer to the commissioner of
taxes and assessments.
Assessors.   SEC. 15. The said commissioners of taxes and assessments
shall appoint three skillful and competent disinterested persons,
citizens of the United States and residents of the city of New
York, who shall constitute a board to be known as the board of
assessors, and who shall be charged with the duty of making
the estimates and assessments required by law for building wells,
erecting pumps, pitching, paving, regulating, and repairing
streets, constructing sewers, fencing vacant lots and public slips,
and all other improvements directed by corporation ordinance
for which an assessment may be made.
Board of   SEC. 16. The said board of assessors, or a majority thereof,
assessors.




TAXES AND ASSESSMENTS.                         1281
shall make all estimates and assessments, give all notices, receive
and pass upon all objections, and certify to the common council
in accordance with the existing laws relative to all such matters.
The said assessors shall each receive an annual compensation of
two thousand dollars, to be paid by the comptroller of the city
of New York from the city treasury, and which shall be in lieu
of all other compensation. The said assessors shall hold their
office during the pleasure of the appointing power, and no
longer.  The common council of the city of New York shall
provide for and assign to said assessors a suitable and convenient
room or rooms, for the transaction of their business, and shall
provide the said assessors with the requisite and necessary
stationery, lights, and fuel. It shall be lawful for the said commissioners of taxes and assessments to appoint a clerk to assist
said assessors in the performance of their duties, and who shall
receive an annual compensation, to be fixed by said commissioners, not exceeding the sum of twelve hundred dollars, to be paid
by the comptroller out of the city treasury.
SEC. 17. Whenever any assessment list shall be certified byIst anddn
the assessors to the common council of the city of New York, of common
for confirmation, as provided by law, it shall be the duty of the
common council to proceed forthwith to confirm  such assessment, or refer the same back to the said board of assessors, if
necessary, for revisal and correction; and all such matters shall
have precedence to all other matters before the common council,
or in either board thereof.
SEC. 18. The said board of assessors shall cause to be entered Rcord
in books to be provided for that purpose, by the common council, a full and complete record, in detail, of all assessments confirmed by the supreme court, or by the common council, which
shall, at all convenient times, be open to public inspection.
SEC. 19. All the powers and duties now  possessed by the utieso
street commissioner of the city of New York, or by his department, in regard to making and perfecting assessments, shall
devolve upon the assessors appointed under the provisions of
this act.
SEC. 20. A certiorari to review and correct on the merits, any
decision or action of the said commissioners, under section ten
or eleven of this act, shall be allowed by the supreme court or
any judge thereof directed to the said commissioners, on the
petition of the party aggrieved, and shall, with the return, be
heard and decided forthwith by said court, in preference to all
other matters, actions, or proceedings.
SEC. 21. The act entitled " An act in relation to assessments
in the city of New York, and to amend the several acts in rela81




1282               ACTS RELATING TO THE CITY OF NEW  YORK.
tion  thereto," passed April 16, 1857, is hereby repealed; and
also all laws and acts and parts of acts, so far as the same are
inconsistent with this act, are hereby repealed; provided, however, that nothing contained in this act shall be so construed as
to repeal any act or law now exempting real or personal estate
from taxation.
SEC. 22. This act shall take effect immediately.
1850.-CHAPTER CXXI.
AN ACT in relation to the Assessment and Collection of Taxes in
the City of New  York, and to amend the several Acts in relation
thereto.-Passed March 30, 1850, "three-fifths being present."
The People of the State of New  York, represented in Senate and
Assembly, do enact as follows:
[SECS. 1 to 23, inclusive, superseded by chapter 302, Laws of
1859.]
Descption    SEC. 24. (1) At such meeting they (2) must make such alteraof real property.    tions in the description of real property belonging to non-residents
as may be necessary to render such descriptions conformable to
the provisions of law; and if such alterations can not be made,
they must expunge the descriptions of such real property, and
the assessments thereon, from the assessment rolls.
Assessment   SEC. 25. They must also estimate and set down in a fifth
of tax.    column, to be prepared for that purpose in the assessment rolls,
opposite to the several sums set down as the valuation of real
and personal property, the respective sums, in dollars and cents,
to be paid as a tax thereon, rejecting the fractions of a cent.
Stateent    SEC. 26. They must also add up and set down the aggregate
comptroller. valuations of the real and personal property in the several wards,
as corrected by them; and must transmit to the comptroller of
this state, by mail, a certificate of such  aggregate valuations,
showing separately the aggregate amount of the real and personal property in each ward, as corrected by the board.
Corrected   SEC. 27. They must also cause the assessment roll of each
roll to receiver of  ward, when corrected according to law, and finally completed,
taxes.
(1) By Act of 1859, chap. 302, sec. 13, it is provided that the Board of Supervisors shall meet at the City Hall on the first Monday of July in each year, to receive
the tax rolls, and to perform such other duties in relation thereto as are prescribed by
law. Section 23 of the Act of 1850, fixed the time of meeting for the second Wednesday
of July. The duties of the Supervisors are pointed out in sec. 24 and following.
(2) The Board of Supervisors.




TAXES AND ASSESSMENTS.                         1283
or a fair copy thereof, to be delivered to the receiver of taxes in
and for said city, on or before the first day of September thereafter, with the proper warrant or warrants annexed, directing
and requiring him to collect the several sums therein mentioned
according to law. The said receiver shall, immediately after he
shall have received the said assessment rolls, give public notice To give
in six or more of the public newspapers printed in said city, that
said assessment rolls have been delivered to him, and that all
taxes are then due and payable; and that, in case of payment
on or before the first day of November thereafter, the person so
paying shall be entitled to the benefits mentioned in the 29th
section of this act.
SEC. 28. The board of supervisors may remit or reduce a tax Suprvor
imposed, as prescribed by law, for good cause shown by affidavit, ta.
taken before an officer authorized to administer oaths in the city
of New York, and filed by them  with the tax commissioners;
and such reduction or remission must be made before the collection of the tax, but the application therefor must be made within
six months from the delivery of the books to the receiver for the
collection of such tax. And when, under the provisions of the
existing law, any remissions of taxes shall be made by the common council of said city, the affidavit of the person applying
shall be in like manner filed with the commissioners of taxes.
[Amended as in sec. 3, chap. 319, Laws of 1851.]
[Sections 29, 30, 31, 32, 33, and 34, amend sections 4, 5, 6, 7,
8, and 9, of article 2, chap. 230, of Laws of 1843, as printed in
this volume.]
SEC. 35. If any officer or officers mentioned in this act, shall Penalty.
willfully refuse or neglect to perform any of the duties required
of him by this act, he shall forfeit, to the mayor, aldermen, and
commonalty of the city of New York, the sum of one hundred
dollars, to be recovered in a civil action; and shall also be punishable for a misdemeanor.
SEC. 36. All acts and parts of acts, inconsistent with the provi- Repeal.
sions of this act, be, and the same are hereby, repealed.
SEC. 37. This act shall take effect immediately.




1284:            ACTS RELATING TO THE CITY OF NEW YORK.
1861.-CHAPTER CCXCIII.
AN ACT to enable the Supervisors of the County of New York to
raise money, by tax, to defray the Expenses, in part, of the support
of the Government of the City of New York, and to regulate the
Salaries and Expenditures thereof; also to provide for Deficiencies
caused by Erroneous Assessments and the Non-collection of Taxes.Passed April 17, 1861, "three-fifths being present."
[SECTIONS 1 to 5 contain the usual provisions.]
SEC. 6. It shall be the duty of the said board of supervisors
to include in any and every ordinance or resolution, passed by
them, imposing or levying taxes for any purpose or purposes
authorized by law, within the city and county of New York,
such sum, in addition to the aggregate amount required for such
purposes, as they shall deem necessary, not exceeding three per
cent. of said aggregate amount, to provide for deficiencies in
the actual product of the amount imposed and levied therefor.
SEC. 7. This act shall take effect immediately.




WHARVES, PIERS, AND SLIPS.
PETITION OF COMMON COUNCIL
OF NEW YORK CITY TO LEGISLATURE, IN THE MATTER OF MAKING SOUTH AND WEST STREETS, AND REGULATING WHARFS,
PRESENTED  798.
The Petition of the Mayor, Aldermen, and Commonalty of
the city of New York, in common council convened,
Respectfully showeth, that as well for the ornament and improvement of the city, as for the encouragement of the trade
and commerce of the state, and the safety of the shipping at the
wharfs of this city, your petitioners have lately directed a permanent street, of seventy feet wide, to be laid out and completed
at and on the extremity of their grants already made and hereafter to be made to individuals, on the East river, called South
street, and on the North or Hudson's river, called West street,
south and west of which streets no buildings of any description
are to be permitted to be erected, so that vessels lying at the
wharves may be secured from fires.
That by reason of the curving and otherwise irregular state of
the shore at low water mark in the East and North rivers, at
the time of the making of the grants by the predecessors of
your petitioners, a general map of which, if ever made, cannot
now be found, the grants heretofore made are deemed to extend
to unequal distances into both rivers, which occasions difficulties in making the permanent streets aforesaid regular; and that
in many instances, although your petitioners are willing gratuitously to give the soil under the water, on which those streets
of seventy feet wide are to be made, yet doubts are entertained
whether your petitioners can compel any of the proprietors of
the lots fronting thereon, and who may be unwilling to make
those streets for public use, in any given reasonable time to be
appointed.by the common council.
And your petitioners further show, that part of their plan
aforesaid was to extend piers at right angles from the said permanent streets into the rivers, at proper distances from each
other, to be determined by the corporation, with suitable bridges
for the accommodation of sea vessels, and so constructed as to
admit the currents at both ebb and flood, in both rivers, to wash
away all dirt and filth from the wharfs, and thereby render the
health of the inhabitants of the city more safe and secure; but
doubts have also arisen whether your petitioners can compel
the individual proprietors of the wharfs to sink and lay out those




1286            ACTS RELATING TO THE CITY OF NEW  YORK.
piers; or if they shall refuse, whether your petitioners will be
authorized to sink and build those piers at the expense of the
city, and receive the wharfage, without incurring a breach of
the conditions and covenants contained in their grants to individuals.  And forasmuch as some adequate remedy is essentially necessary in the premises, as well to secure the health of
the citizens as to effect ornament and regularity in the fronts of
the city, and convenience and safety to the trade and commerce
thereof,
Your petitioners pray that the honorable the legislature will
confer such power and authority to your petitioners as shall be
proper, to remove the difficulties and doubts above stated, or to
make such other provision in the premises as to the legislature
shall seem meet.
Sealed with the common seal of the said city. WitlL. s.] ness, RICHARD VARICK, Esq., Mayor, this 12th day of
February, 1798.
SESSION LAWS, 1798.
AN  ACT concerning certain Streets, Wharfs, and Piers, and the
Almshouse and Bridewell in the City of New  York.-Passed
April 3, 1798.
Preitg ad-  Whereas, it would conduce to the improvement and health of
vantages  the said city, as well as to the safety of such ships or vessels as
arise from may be employed in the trade and commerce thereof, that reguprovements lar streets or wharfs, of the width of seventy feet, should be laid,nhasret out and completed in front of those parts of the said city which
piers.    adjoin to the East river or sound, and to the North or Hudson's
river, and that piers should be extended from the said streets,
into the said rivers respectively, at convenient distances from
each other, with suitable bridges, for the accommodation of sea
vessels, and upon such a construction as to admit the current of
the said rivers at both ebb and flood, to wash away all dirt and
Reciting fur-impurities.  And whereas, the said mayor, aldermen, and comther that the
mayor, al- monalty, by petition to the legislature, under their common
dermen and
commonalty seal, have represented that they are disposed to make the said
tition buner improvements, but that from the curving and irregularities of the
their com- shores of the said rivers in their original state, from the grants
mon  seal 
represented made by their predecessors, being deemed to extend to unequal
thatthey are
disposed to distances into the said rivers, and from other causes, difficulties
ike Suh have arisen as to the execution of a proper plan, and doubts
ments, etc. have been entertained whether they could compel the proprietors of lots fronting on the said rivers to make those streets
within a reasonable period, or to sink and build those piers; and
whether the said petitioners could, without a breach of the conditions and covenants contained in their grants to individuals,




WHARVES, PIERS, AND SLIPS.                          1287
upon the refusal or neglect of such proprietors, sink, build, and
make those piers, streets, and wharfs at their own expense, and
receive wharfage as a compensation for the same, which doubts
and difficulties can only be removed by the aid of the legisla- Reciting furture.  And whereas, defects have been discovered in the pro-ects are disvisions for assessing and raising money in the said city, under coveread 
the act entitled " An act for regulating the buildings, streets, regulating
buildings,
wharfs, and slips in the city of New York:" Therefore,           streets, etc.
SEC. 1. Be it enacted by the People of the State of New York, rep-  Lul 
resented in Senate and Assembly, That it shall and may be lawful aldermen
andcommonfor the mayor, aldermen, and commonalty of the city of New alty to lay
out and exYork to lay out, according to such plan as they shall or may tend streets
agree upon or determine, such streets or wharfs, as hereinbefore and harfs.
are mentioned, in front of those parts of the said city which
adjoin to the said rivers, and of such extent along those rivers,
respectively, as they may think proper, and that, as the buildings of the said city shall be further extended along the said
rivers, it shall and may be lawful for the said mayor, aldermen,
and commonalty, from  time to time, to lengthen and extend
the said streets or wharfs.
SEC. 2. And be it further enacted, That the said streets or Said treets
wharfs shall be made and completed, according to the said plan, and whars,
how to be
by and at the expense of the proprietors of land adjoining, or made etc.
nearest and opposite to the said streets or wharfs, in proportion
to the breadth of their several lots, by certain days, to be for
that purpose appointed by the said mayor, aldermen, and commonalty, and that the respective proprietors of such of the said
lots as may not be adjoining to the said streets or wharfs shall
also fill up and level, at their own expense, according to such
plan, and by the said days respectively, the spaces lying between
their said several lots, and the said streets and wharfs, and shall,
upon so filling up and leveling the same, be respectively entitled to and become the owners of the said intermediate spaces
of ground, in fee simple.
SEC. 3. And be it further enacted, That if any of the said pro- Mayor,alderprietors shall neglect or refuse to fill up and level such interme- commonalty
diate spaces of ground, by the said days, to be so as aforesaid authorized
appointed, it shall and may be lawful for the said mayor, alder- level inter.
aP                                                               mediate
men, and commonalty to cause the same to be done for and on spaces of
behalf of the said proprietors, and to charge them  with the case of refusal of proexpense; and if the said proprietors respectively shall not repay prietors, and
the said expense, with lawful interest from the times of the ex- thm chwi
penditure, within one year and six months after demand for that the epense
purpose made by the said mayor, aldermen, and commonalty, or
any person on their behalf, it shall and may be lawful for the
said  mayor, aldermen, and  commonalty to  levy the same,
together with the interest thereof, and all reasonable costs and




1288              ACTS RELATING TO THE CITY OF NEW  YORK.
expenses atending such proceedings, by distress and sale of the
goods and chattels of such proprietors, or the occupants of the
said lots respectively, or to recover the same from  the said proprietors respectively by action of debt in the supreme court of
this state, wherein it shall be sufficient to allege generally that
the defendants respectively are indebted to the said mayor,
aldermen, and commonalty, in a certain sum, for money expended on their account, by virtue of this act, and in such action
any less sum than the one declared for may be recovered, and
full costs shall be taxed for the plaintiffs, if judgment shall be
given in their favor.
Moneys ex   SEC..And be itfarther enacted, That the said sums to be exbehalf  of pended, as aforesaid, on behalf of the said proprietors respectproprietors
dpro assess ively, and all and every sum  and sums of money which may
mentsdrge have been, or shall at any time ortimes hereafter be, assessed,
and inc uiu  among the owners or occupants of any houses and lots, by virtue
brance upon
their houses of the said act entitled "An act for regulating the buildings,
and lots, and
bear interest streets, wharfs, and slips in the city of New York," shall be a
real incumbrance and charge upon the houses and lots in respect
to which such assessments shall have been made, and shall bear
lawful interest, until paid, and shall be entitled to a preference,
Saidmoneys above all otherincumbrances upon the same; and that the same
how -to be
recovered. sums and interest money may be sued for and recovered, with
costs, in like manner as if the said houses and lots were mortgaged to the said mayor, aldermen, and commonalty, for the
Proviso.   payment thereof; Provided, always, that nothing herein contained shall extend to charge any such houses or lots, which
may have been bona fide sold and disposed of, after the making
of such assessment thereon, and before the passing of this act.
Lawful for  SEC. 5. And be it fturther enacted, That it shall and may be
the mayor lawful for the said mayor, aldermen, and commonalty to direct
aldermen
andcommon- cpiers to besunk and completed, at such distances, and in such
alty to direct r                       -b   u  c  s           a   i
piers  and manner as they, in their discretion, shall think proper, in front
bridges' to          s                    b              aoei
be made at of the said streets or wharfs, to be so made, as aforesaid, and to
the expee be connected with the same by bridges, at the expense of the'
of proprie-            wt  the          by          at the          of CI 
tor'.    proprietors of the lots lying opposite to the places where such
piers shall be directed to besunk, and by such days and times
as the said mayor, aldermen, and commonalty may for that
al of pr-r. purpose limit and appoint; and if the said proprietors shall negsal of propri~
otor, maen lect or refuse to sink or make the said piers and bridges, accordandcommon- ing to the directions of the said mayor, aldermen, and collmmonsuch  piers alty, it shall and may be lawful for the said mayor, aldermen,
and bridges,                  sink and     the          pier and
and receive and commonalty to sink and make the same piers and bridges
thewarfage at their own expense, and to receive to their own use, wharfage
for all vessels that may at any time or times lie at, or be fastened to, the said piers -or bridges, which they shall so make, as
aforesaid.
covenants    SEC. 6. And be it further enacted, That every clause, covenant,
and condi



WHARVES, PIERS, AND SLIPS.                        1289
and condition in the several grants of the mayor, aldermen, and tgons t re
commonalty of the said city, to the said proprietors respectively, ain  full
force  and
or those under whom they claim, to be kept, observed, or per- validity, etc.
formed by the:grantees respectively, and their respective heirs,
executors, administrators, and assigns, shall, notwithstanding
this act, retain their full force and validity, and shall be in no
manrer affected by the same, or by anything to be done or performed, in consequence thereof, and the said mayor, aldermen,
and commonalty, shall have, possess, and be entitled unto the
like payments, rights, and remedies, by virtue of the said grants,
as they might or could have had, or would have been entitled
to, if this act had never been passed, and shall not, by the performance of anything. herein contained, be deemed to have
broker or infringed any of the covenants or conditions on their
part, contained in the said grants..SEc. 7. And be it further enacted, That no building of any kind  b~ebelretg
or description whatsoever (other than the said piers and bridges) oneets 
shall at any time hereafter be erected upon the said streets or whars, etc.
wharfs, or between them  respectively, and the rivers to which
they respectively shall front and adjoin.
[SECTIONS 8, 9, and 10, obsolete.]
1813.-CHAPTER LXXXVI.
AN ACT to reduce several Laws relating particularly to the City of
New York to one Act.-Passed April 9, 1813.
WHARFAGE.AND CRANAGE.
CCXII. And be it firther enacted, That it shall be lawful for Rates of
the owners of wharfs, in the city of New York, to ask and [Abrogated
receive to their own use the following rates of wharfage for all 1s80,ch.254,
ships and vessels using their wharfs respectively, that is to say, canl tbats
for every vessel under the burthen of fifty tons, at the rate of and barges.]
fifty cents per day; for every ship or other vessel of the burthen
of fifty tons, and under the burthen of one hundred tons, at the
rate of sixty-two and a half cents per day; for every ship or
other vessel of the burthen of one hundred tons, and under the
burthen of one hundred and fifty tons, at the rate of seventyfive cents per day; for every ship or other vessel of the burthen
of one hundred and fifty tons, and under the burthen of two
hundred tons, at the rate of eighty-seven and a half cents per
day; for every such ship or other vessel of the burthen of two
hundred tons, and under the burthen of two hundred and fifty
tons, at the rate of one hundred cents per day; for every ship
or other vessel of the burthen of two hundred and fifty tons, and




1290             ACTS RELATING TO THE CITY OF NEW  YORK.
under the burthen of three hundred tons, at the rate of one hundred and twelve and a half cents per day; for every ship or
other vessel of the burthen of three hundred tons, and under the
burthen of three hundred and fifty tons, at the rate of one hundred and twenty-five cents per day; for every ship or other
vessel of the burthen of three hundred and fifty tons, and under
the burthen of four hundred tons, at the rate of one hundred and
thirty-seven and a half cents per day; for every ship or other
vessel of the burthen of four hundred tons, and under tLe burthen of four hundred and fifty tons, at the rate of one dollar
and fifty cents per day; for every ship or other vessel of the
burthen of four hundred arid fifty tons, and under the burthen of
five hundred tons, at the rate of one hundred and sixty-two and
a half cents per day; for every ship or other vessel of the
burthen of five hundred tons, and under the burthen of five hundred and fifty tons, at the rate of one hundred and seventy-five
cents per day; for every ship or other vessel of the burthen of
five hundred and fifty tons, and under the burthen of six hundred
tons, at the rate of one hundred and eighty-seven and a half
cents per day; for every ship or other vessel of the burthen of
six hundred tons and upwards, to pay twelve and a half cents
in addition for every fifty tons in addition to the rate last mentioned, for every day such ship or vessel shall use or be made
fast to any of the said wharfs.(l)
vWharage hi    CCXIII. And be it further enacted, That whenever any ship or
repairing or oither vessel shall be brought to any dock or wharf to repair or
careenaing.
careen, and it be found necessary to sling or erect any stage or
stages on the sides of the said vessel for the more convenient
caulking, or repairing the same, or that any boats, scows, or
floating stages are brought alongside said vessel for the purpose.of caulking, repairing, or careening, as aforesaid, it shall and may
be lawful for the owner or owners of said wharf, to ask, demand,
take, and receive thirty-three and one-third per cent., in addition
to the sum the said vessel is liable and compelled to pay for her
wharfage, as aforesaid.
how coect.  CCXIV. And be it further enacted, That it shall be lawful for
ed.     the owner of any wharf in the said city, to appoint a person to
be wharfinger thereof who shall continue at the pleasure of such
owner and who may, in his own name, or in the name of such
owner, ask and receive -the wharfage as it shall become due, and
be      if any decided y  ifference shall arise between such owner or wharfinger
by oen  of and the master, owner, or agent of any ship or vessel concerning
wardens of                               o
the port.  the burthen thereof, either -party may apply to one of the wardens of the port of New York, who shall decide such difference
by measuring the ship or vessel, or in such other manner as he
shall deem best, and shall, if required by either party, certify
(1) This section is abrogated by Laws of 1860, chap. 254, except as to barges and
ical11 boats.




WHARVES, PIERS, AND SLIPS.                        1291
under his hand the tonnage of such ship or vessel, and the same
shall be final in respect to the rate of wharfage thereof, and the
expenses of such determination shall be paid by the party
against whom  it shall be given: Provided, however, That the
same shall not exceed one dollar and twenty-five cents.
CCXV. [Superseded by chap. 254, Laws of 1860.]
CCXVI. And be it further enacted, That the master or owner of Persons lia
any ship or other vessel, or in their absence, the factor or agent blarge ay
to whom  such ship or vessel shall be consigned, shall be liable
to pay the wharfage due for such ship or vessel: Provided, how- Proviso
ever, That such factor or agent shall not be liable for the same,
unless an account of the wharfage due be delivered to such
factor or agent, or, if absent, left at his usual place of abode, and
the money there demanded before the departure of such ship or
vessel from the port.
CCXVII. And be it further enacted, That when any ship orWhrfage^
other vessel has laid twenty-four hours at any wharf, and the ied by dia
master or owner refuses or neglects to pay the wharfage, as
aforesaid, or give satisfactory security for the payment of the
same, being thereunto required by the owner or wharfinger, by
notice in writing being left on board with the mate, or one of
the hands belonging to said vessel, it shall and may be lawful
for the owner or wharfinger to distrain, for such wharfage, on
any goods or chattels found on board such ship or vessel, and so
from time to time, as often as twenty-four hours wharfage shall
become due, and the goods and chattels so distrained to sell and
dispose of, in the same manner as is provided in the case of
rent.
CCXVIII. And be it further enacted, That the owner of any Ratesof
crane, upon any of the wharfs aforesaid, may ask, and receive
to his use, from the master or owner of any ship or other vessel
that shall employ such crane, the following rates, to wit: For
taking out and putting in the mast of every sloop of the burthen
of eighty tons or upwards, the sum of ten dollars; and for taking
out or putting in the mast of any sloop of eighty tons or upwards,
six dollars and twenty-five cents; for taking out and putting in
the mast of any square-rigged vessel, of the burthen of two hundred tons and upwards, the sum of seven dollars and fifty cents;
and for taking out or putting in the mast of any square-rigged
vessel or schooner, under the burthen of two hundred tons, six
dollars and twenty-five cents; for taking out or putting in the
mast of any square-rigged vessel of the burthen of two hundred
tons or upwards, the sum of six dollars and twenty-five cents,
and for taking out or putting in the mast of any square-rigged
vessel or schooner, under the burthen of two hundred tons, five
dollars.




1292             ACTS RELATING TO THE CITY OF NEW  YORK.
WHARFS, PIERS, AND  SLIPS.
cmmon a-  CCXIX. And be it further enacted, That it shall be lawful for
thorized to the mayor, aldermen, and commonalty of the said city, in cornlay   out
wharfs and mon council convened, to lay out wharfs and slips in the said
Slips   city, whenever and wherever they shall deem it expedient; and,
May  take              they       require     suc            t   _1
ground be if, in so doing, they shall require for such purposes the ground
longing  to of any person, notice thereof shall be given to the owner or parfor  those ties interested therein, or to his or their agent or legal representative, and the said common council shall treat with such persons for the same, and, if any such person shall refuse to treat
for such ground, it shall be lawful for the mayor or recorder,
and any two or more aldermen, by precept, under their hands
amag and seals, to command the sheriff of the city and county of New
sustained  York, to impannel and return, and he is hereby required to imthereby,
bowassessed pannel and return a jury, to appear before the mayor's court of
the said city, at any term thereof, not less than three weeks from
the date of such precept, to inquire of and assess the damages
and recompense due to the owner or owners of such ground, and
at the same time, to summon such owner or owners, or his or
their agent or legal representative, by notice to be left at his or
their most usual place of abode, to appear before the said court,
at the time and place in such precept to be mentioned, which
jury being first duly sworn faithfully and impartially to inquire into and assess the damage in question, and having
viewed  the premises, if  necessary, shall inquire  of and
assess such damages and recompense as they shall under all the
circumstances, judge fit to be awarded to the owner or owners
of such ground, for their respective losses, according to their
several interests and estates therein, and the verdict of such jury
and the judgment of the said mayor's court thereupon, and the
payment of the sum or sums of money so awarded and adjudged
to the owner or owners thereof, or tender and refusal thereof,
shall be conclusive and binding against the said owner and owners, his and their respective heirs, executors, administrators, and
assigns, claiming any estate or interest of, in or to the same
ground, and it shall thereupon be lawful for the said mayor, aldermen, and commonalty to cause the same ground to be converted to and used for the purposes aforesaid.
Comonlay   CCXX. And be tt further enacted, That it shall be lawful for
out streaet the said mayor, aldermen, and commonalty to lay out, as far as
along  tho the same has not already been done, and according to the plan
East  and
LHudson  agreed upon for that purpose, regular streets or wharfs of the' rivers width of seventy feet in front of those parts of the said city which
adjoin to the East river or sound, and to the North or Hudson's
river, and of such extent along those rivers respectively, as they
may think proper; and that, as the buildings of the said city
shall be further extended along the said rivers, it shall be lawful
for the said mayor, aldermen, and commonalty, from  time to
time, to lengthen and extend the said streets or wharfs.




WHARVES, PIERS, AND SLIPS.                          1293
CCXXI. And be it further enacted, That the said streets or How and b
wharfs shall be made and completed according to the said plan, streets and't  ^   ^  ^,   ~>  ^'   r?  7  T  "   wharfs to be
by and at the expense of the proprietors of land adjoining, or made  and
nearest and opposite to the said streets or wharfs, in proportion lots to bo
to the breadth of their several lots, by certain days to be for that fild up.
purpose appointed, by the said mayor, aldermen, and commonalty; and that the respective proprietors of such of the said lots
as may not be adjoining to the said streets or wharfs, shall also
fill up and level, at their own expense, according to such plan
and by the said days respectively, the spaces lying and being between their said several lots and the said streets and wharfs;
and shall, upon so filling up and levelling the same, be respectively entitled to, and become the owners of, the said intermediate spaces of ground, in fee simple.
CCXXII. And be it further enacted, That if any of the said Corporation
proprietors shall neglect or refuse to fill up and level such inter- such lots to
mediate spaces of ground, by the said days to be so as aforesaid defafult  o
appointed, it shall be lawful for the said mayor, aldermen, and nprreecoer
commonalty to cause the same to be done for, and on behalf of, expenses
the said proprietors, and if the said proprietors respectively shall
not repay the said expense, with lawful interest from the times of
the expenditure, within one year and six months after the demand
for that purpose made by the said mayor, aldermen, and commonalty, or any person on their behalf, it shall be lawful for the said
mayor, aldermen, and commonalty to levy the same, together with
the interest thereof, and all reasonable costs and expenses attending such proceedings, by distress and sale of the goods and chattels
of such proprietors or the occupants of the said lots respectively, or to recover the same from the said proprietors respectively,
by action of debt in the supreme court of this state, wherein
it shall be sufficient to allege generally that the defendants respectively are indebted to the said mayor, aldermen, and comnonalty, in a certain sum,-for money expended on their account
by virtue of this act, and in such action any less sum than the
one declared for may be recovered, and full costs shall be taxed
for the plaintiffs, if judgment shall be given in their favor.
CCXXIII. And be it further enacted, That the said sums so en ded o
to be expended on behalf of the said proprietors, and every sum behalf  of
proprietors
which hath heretofore been assessed among the owners or occu- to becom a
lien on lots.
pants of any houses and lots in the said city, by virtue of the
act, entitled " An act for regulating the buildings, streets, wharfs,
and slips in the city of New York," passed the 16th of April,
1787, or by virtue of an act, with the same title, passed the 3d
day of April, 1801, and not refunded, or shall hereafter be assessed
by virtue of this act, shall be a lien or charge upon the houses
and lots in respect to which such assessments shall have been
made, and shall bear lawful interest until paid, and shall be
entitled to a preference before all other incumbrances upon the




1294              ACTS RELATING TO THE CITY OF NEW  YORK.
HoN re'ov- same, and may be sued  for and  recovered with  costs, in
like manner as if the said houses and lots were mortgaged
to  the mayor, aldermen, and commonalty, for the payment
Proviso.   thereof: Provided always, That nothing herein contained shall
extend to charge any such houses or lots which may have been
bona fide sold and disposed of after the making of such assessment thereon, and before the 3d day of April, 1798.
Corporation   CCXXIV. And be it further enacted, That it shall be lawful
to, direct
piers to be for the said mayor, alderman, and commonalty to direct piers to
o ners  o be sunk and completed, at such distances and in such manner
thaoinint   as they, in their discretion, shall think proper, in front of the said
Canes' Rep. streets or wharfs so adjoining and extending along the said
rivers, and the said piers to be connected with the said streets
or wharfs by bridges, at the expense of the proprietors of the
lots lying opposite to the places where such piers shall be directed to be sunk, and by such days and times as the said mayor,
aldermen, and commonalty may for that purpose limit and apown erfs or- point; and if the said proprietors shall neglect or refuse to sink
owners, or-n
portiome or make the said piers and bridges according to the directions of
such piers, the said mayor, aldermen, and commonalty, it shall be lawful for
and take the
profit;   the said mayor, aldermen, and commonalty to sink and make the
same piers and bridges at their own expense, and to receive, to their
own use, wharfage for all vessels that may at any time or times
Or,  may lie or be fastened to the said piers or bridges which they shall
grant  the                                       b'ight to any SO make, as aforesaid; or it shall be lawful for the said mayor,
otherperson. aldermen, and commonalty to grant the right of making such
piers and bridges, and the right of receiving the profits thereof,
to any person or persons, in fee or otherwise, upon such terms
as they shall think proper.
A common    CCXXV. And be it farther enacted, That it shall be lawful for
interest in
piers may be the said mayor, aldermen, and commonalty to grant to the owners
granted to
owners of  of lots fronting on any of said streets of seventy feet, their heirs
joiing  and assigns, a common interest in the piers to be sunk in front
of such streets, in proportion to the breadth of their respective
lots, under such restrictions and regulations, and within such
limits, as the said mayor, aldermen, and commonalty shall deem
just and proper.
Covenants in   CCXXVI. And be it further enacted, That every clause, covegrants to remain inforce nant, and condition in the several grants of the mayor, aldermen, and commonalty of the said city to the said proprietors
respectively, or those under whom  they claim, to be kept, observed, or performed by the grantees respectively, and their respective heirs, executors, administrators, and assigns shall, notwithstanding this act, retain their fullforce and validity, and shall
be in no manner affected by the same, or by anything to be done
or performed in consequence thereof; and the said mayor, aldermen, and commonalty shall have, possess, and be entitled unto




WHARVES, PIERS, AND SLIPS.                        1295
the like payments, rights, and remedies, by virtue of the said
grants, as they might or could have had, or would have been entitled to, if this act had never been passed, and shall not, by the
performance of anything herein, contained, be deemod to have
broken or infringed any of the covenants or conditions, on their
part, contained in the said grants.
CCXXVII. And be it further enacted, That no building of any o buildings
kind or description whatsoever, other than the said piers and mitted  on
said street
bridges, shall, at any time hereafter, be erected upon the said and wharfs.
streets or wharfs, or between them, respectively, and the river
to which they respectively shall front and adjoin.
CCXXVIII. And be itfurther enacted, That it shall and may corporatio
be lawful for the said mayor, aldermen, and commonalty, at their and form baown expense, to cause piers to be sunk and completed, in such dscrethir
places and manner as they shall think eligible, between the
Whitehall slip and the east side of the Exchange slip, in the said
city, so as to form a basin for the safety and the accommodation of
sloops and other vessels using the trade of the said city; and,
also, at their own expense, to cause such and so many other
public basins to be formed and completed in the said city as
they may deem necessary for the trade thereof, and to take to
their own use the slipage or wharfage arising from the same, ed wharfage
any law, usage, or custom, to the contrary notwithstanding:
Provided always, That nothing herein contained shall be construed
to deprive any persons who may have made piers by the directions of the said mayor, aldermen, and commonalty, in pursuance
of the act, entitled "An act for regulating the buildings, streets,
wharfs, and slips in the city of New York," of any legal right
which they may have thereby acquired, or to interfere with any
private property, or right, or privilege, held under grants of the
said mayor, aldermen, and commonalty, or otherwise.
CCXXIX. And be it further enacted, That it shall and may be Certain
lawful for the mayor, aldermen, and commonalty of the city of slips to be
New York to reserve all that part of the water adjacent to the slops and
wharfs of the said city, from the east side of Coenties slip to marktboats
the west side of Whitehall slip, for the sole accommodation of
sloops and other market vessels using the trade of the said city,
fromt the 20th day of March to the 20th day of December in each
and every year, and that, during the time aforesaid no registered
or sea vessel shall be suffered to use the slips or wharfs within
the above-described limits without special permission, any law,
usage, or custom, to the contrary notwithstanding.
CCXXX. And be it further enacted, That in all cases where Corporation
the said mayor, aldermen, and commonalty shall think it for the smenlrg
public good to enlarge any of the slips in the said city, they shall
be at liberty and have full power so to do; and, upon paying




1296             ACTS RELATING  TO THE CITY OF NEW  YORK.
one-third of the expense of building the necessary piers and
bridges, shall be entitled, not only to the slipage on that side of
the said piers which shall be adjacent to such slips respectively,
but also to one-half of the wharfage to arise from the outermost
end of the said piers.
in certain  CCXXXI. And be itfurther enacted, That in all cases where
cases corporationn ay any of the proprietors of lots lying opposite to the places or
ividt   ito streets where piers shall have been or may be directed to be
make piers. sunk, pursuant to the powers contained in the acts last aforesaid,
or in this act, shall neglect or refuse to join with the other proprietors in sinking and making such piers and the bridges thereunto appertaining, or to pay his or their proportion of the
expenses thereof, then, and in every such case, the said mayor,
aldermen, and commonalty, may, at their election, join with the
other proprietors in making and finishing the said piers and
And receive bridges, and shall become entitled to the proportion of wharfage
wharfage.  which the said proprietors so neglecting or refusing would have
been entitled to if they had joined in making the said piers and
bridges.
Notice to    CCXXXII. And be itcfurther enacted, That in all cases a notice
sink piers,
how to be to the proprietors of lots, inserted in two of the public newsgiven.    papers printed in the said city, for six weeks successively, shall
be sufficient notice to all the said proprietors of the directions of
the said mayor, aldermen, and commonalty, for sinking and completing such piers and bridges, without specifying therein the
names of the said proprietors, and an affidavit made before a
judge of the supreme court, or master in chancery, of the due
publication of such notice in manner aforesaid, shall at all times
What shall thereafter be deemed primafacie evidence thereof; and every such
be deemed a
refusal to proprietor, who shall not begin the making of the said piers or
ther  th. bridges by the period for that purpose appointed, or who shall
not contribute his proportion towards the expenses thereof, as
the same shall accrue, shall be deemed  and taken to have
neglected and refused to comply with the said directions according to the true intent and meaning of the said last-mentioned
acts, and of this act.
Penalty for  CCXXXIII. A2nd be it further enacted, That if the master or
discharging
ballast upon owner of any ship or other vessel shall cause to be discharged
to hdofok  therefrom any ballast, consisting of earth, gravel, or stones, into
any dock or upon any wharf within the said city of New York,
without the consent of the owner or wharfinger thereof, the
master or owner of such ship or other vessel shall, for every such
offense, forfeit and pay to the owner of such dock or wharf two
dollars and fifty cents, to be recovered with costs of suit, before
any court having cognizance thereof, in the name of the said
owner or wharfinger; and if the master or owner of such ship or
other vessel, having  discharged any such ballast upon any




WHARVES, PIERS, AND SLIPS.                        1297
wharf, without consent as aforesaid, and after notice for that
purpose in writing, shall neglect or refuse to remove the same,
he shall forfeit and pay, for every day during such neglect or
refusal, the same sum  as by law shall be chargeable for the
wharfage of such ship or vessel: Provided, however, That no agent ProvSo.
or factor, transacting business for any person residing out of or
absent from this state, shall be liable to any penalty imposed by
this section, unless an account be delivered to, and the money
demanded of, such factor or agent personally, or unless the said
account be left on board of such ship or vessel, with the master,
mate, or one of the hands belonging to such ship or vessel.
CCXXXIV. And be it further enacted, That if any person Polty for
throwing obemployed in repairing, sheathing, or graving, any ship or other struoons
I -n -   ~   \ -\'^T -LI -J.  3' t    11   into dock.
vessel, being in any dock within the city aforesaid, shall cause Sec. II of
Act of March
any timber or other thing whatsoever, tending to fill up or o, 1791.
obstruct such dock, to be thrown into such dock, he shall, for
every such offense, forfeit and pay to the owner or wharfinger
of such dock the sum of five dollars, to be recovered in manner
aforesaid.
CCXXXV. And be itjurther enacted, That if any'wharf in the Remedy
said city shall be incumbered with lumber or other articles, so cumbering:                            the wharfs.
as to incommode the loading and unloading of vessels, or the sec. 8 of Act
of April 17
passing and repassing of carts, the owner or wharfinger thereof17.   17
shall give personal notice, or notice in writing, to be left at the
place of abode of the owner of such lumber or other articles, or
his factor or agent, to remove the same in a reasonable time,
and on neglect thereof, or if the owner of such articles, or his
factor or agent, cannot be found in the said city, and have no
place of residence therein, the owner or wharfinger of such
wharf may remove the same and keep them in custody till the
charges of removal and storage of the articles removed be paid.
CCXXXVI. And be it further enacted, That it shall be lawful common
for the mayor, aldermen, and commonalty, in common council regulate
convened, to make such by-laws and ordinances as they shall.ahd ps
from time to time think proper, for regulating the wharfs, piers,
and slips in the said city.
1830.-CHAPTER  CCXXII.
AN ACTfor the better Regulation of the Wharfs, Piers, and Slips
in the City of New York.-Passed April 16, 1830.
The People of the State of NYew York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The mayor, aldermen, and commonalty of the city of
New York, in common council convened, shall have power to
82




1298            ACTS RELATING TO THE CITY OF NEW YORK.
make and pass such laws or ordinances as to them, from time
to time shall seem fit; to designate and appropriate such of the
public wharfs, piers, and slips of the said city, as they may deem
expedient, and such private wharfs and piers in the said city as
the owners thereof respectively may apply to have so designated
or appropriated, for the exclusive use of steamboats, or of any
other class or description of ships or vessels; and to restrain
and prohibit any ship, steamboat, or any other vessel or water
craft whatever, from coming into, or lying, mooring, or anchoring at or within any wharf, pier, or slip of the said city, except
such as may be so designated for their use respectively; and to
impose such penalties as they may think reasonable and proper,
for the violation of such laws or ordinances.
1835.-CHAPTER CXXII.
AN  ACT to provide for Deepening the Waters adjacent to the
FVharfs, Piers, Docks, Bulkheads, and Shores in the City of New
York.-Passed April 20, 1835.
Tile People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Water may   SEC. 1. It shall be lawful for the common council of the city
of New York to order and direct that the water near and adjoining any private wharf, pier, dock, bulkhead, or land, within
the line of the said city, be deepened by excavating or removing
the earth, mud, dirt, or sand, therefrom, and to cause the same to
be done in such places, and at such times, as the said common
council may deem necessary and proper.
Expense"    SEC. 2. The expense of conforming to any such order or direction, or of carrying the same into effect, shall be estimated and
assessed upon, or among the owner or owners of any, or every
wharf, pier, dock, bulkhead, piece of land, water right or privilege, near or adjacent to which any such water may be so deepened, and which may in any manner be benefited thereby, in
proportion, as nearly as may be, to the advantage which each
shall be deemed to acquire.
adEtatess    SEC. 3. The said estimates and assessments shall be made by
ments.   skillful and competent disinterested persons, to be appointed by
the common council, and who shall take the like oath and perform thesame duties in respect to such estimates and assessments, and the same shall be ratified in like manner and with
like effect, as is directed by the one hundred and seventy-fifth
section of the act entitled " An act to reduce several laws relating particularly to the city of New York into one act," passed




WHARVES, PIERS, AND SLIPS.                       1299
April 9, 1813, in respect to the estimates and assessments mentioned in the said section, and every such estimate and assessment, being so ratified, shall be binding and conclusive upon the
said owners thereby assessed respectively, and shall be a lien or
charge upon the property or premises, in respect to which the
same may have been made, and shall be collected and enforced
in like manner as is provided by the said section of the abovementioned act.
SEC. 4. Whenever any assessment, made in pursuance of the Paybenprovisions of this act, shall remain unpaid, on the day upon forced
which the collector thereof is limited by law to account for the
collection of the same, the payment of the said assessment may
be enforced in the like manner and with the same effect as is
provided by the first and second sections of the act entitled " An
act for the more effectual collection of taxes and assessments in
the city of New York," passed April 12, 1816.
SEC. 5. If'any money, to be collected under and by virtue of Cetn pay
this act, shall be paid by any person, when by agreement or by be refunded.
law the same ought to have been borne arid paid by some other
person or persons, it shall be lawful for the person so paying
to sue for and recover the money so paid, with interest and costs,
as so much money paid for the use of the person or persons who
ought to have paid the same, and the assessment aforesaid, with
proof of payment, shall be sufficient evidence in such suit.
SEC. 6. The act entitled "An act to provide for deepening the
waters adjacent to the wharfs, piers, docks, bulkheads, and shores
in the city of New  York," passed April 20, 1834, is hereby
repealed.
1845.-CHAPTER  CCI.
AN ACT to preserve certain Waters from the Effects of Gas-tar and
Refuse of Gas-houses and Factories.-Passed May 13, 1845.
The People of the State of New York, represented in Senate and
Assembly, do enact as fbllows:
SEC. 1. It shall not be lawful for the manufacturers of gas, offenders
nor for any other person, to throw  or deposit any gas-tar or glmosem a
refuse of the gas-houses or factories in the counties of New or.
York, Queens, or Kings, into any public waters, river, or stream,
nor into any sewer or stream  running or emptying into any
such public waters, river, or stream; and whoever shall offend
against the provisions of this act shall be deemed guilty of a
misdemeanor.
SEC. 2. This act shall take effect immediately.




1300             ACTS RELATING TO THE CITY OF NEW YORK.
1848. CHAPTER  CCCXXI.
AN ACT in relation to the Navigation of the East River by Steamboats.-Passed April 12, 1848.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Boats to run  SEC. 1. All the steamboats passing up and down the East
of th er. river, between the Battery, at the southern extremity of the
city of New York, and Blackwell's island, shall be navigated as
near as possible in the centre of the river, except in going into
or out of the usual berth or landing-place of such steamboat,
and shall not be propelled at a greater rate of speed than ten
miles an hour.
Penalty.  SEC. 2. The master, pilot, or engineer, of any steamboat,
violating either of the provisions of the foregoing section, shall
be deemed guilty of a misdemeanor; and, in addition thereto,
the master, pilot, and engineer of such steamboat shall respectively be liable to the penalty prescribed in sec. 9, title 10, chap.
20, of the first part of the Revised Statutes, to be sued for and
applied as therein directed.
1852.-CHAPTER  CCLXVI.
AN ACT to regulate the Rate of Wharfage on Lighters in the
Cities of New York and Brooklyn.-Passed April 13, 1852.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Rate of   SEC. 1. It shall be lawful for the owner or owners of any one
wharfge. or more wharfs, piers, or bulkheads, in the city of New York
or the city of Brooklyn, to ask and receive, to his and to their
own use, wharfage on all vessels under the burthen of fifty tons,
known as lighters, and used exclusively for lighterage, at the
rate of twenty-five cents per day when occupying an inside
berth, and fifteen cents per day when occupying an outside
berth, and no other charge whatever.
Repeal.   SEC. 2. All acts and parts of acts, inconsistent with this act,
are hereby repealed.




WHARVES, PIERS, AND SLIPS.                     1301
1855.-CHAPTER  CXXI.
AN ACT for the appointment of a Commission for the Preservation
of the Harbor of New York from Encroachments, and to prevent
Obstructions to the necessary Navigation thereof. —Passed March
30, 1855, "three-fifths being present."
Whereas, It is represented to the legislature that the harbor
of New York has become much obstructed by the erection of
piers, wharfs, and bulkheads, and by other causes, and that
grants of rights to occupy land under its waters have been
made, and are liable to be made, without sufficient information
of the extent of the injury that may be inflicted by such occupation, by narrowing the channel and otherwise; with the view,
therefore, of obtaining the proper information to enable the
legislature to control such erections, and prevent such injury:
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. A board of commissioners, to be appointed by the Commission
governor, to consist of five citizens of the United States, and of pointed.
the citizens who shall at any time hereafter be appointed in
their place, or in the places of any of them, is hereby created,
who shall have power, and whose duty it shall be:
1. To cause the necessary surveys and examinations of the Theirduties.
said harbor, and the adjacent lands, to be made by skillful persons, and to obtain all needful information from other sources,
in order to ascertain the present condition of the said harbor,
particularly whether the navigation thereof is improperly obstructed, and whether, in reference to the present and probable
future commerce of the cities of New York and Brooklyn, any
further extension of piers, wharfs, or bulkheads, into the said
harbor, ought to be allowed, and to what extent; and whether
any grants, already made by the legislature, or the commissioners of the land office, or the common council of the city of
New York, for the filling up of any land under water of the said
harbor, will, if executed, impair or obstruct the necessary navigation of the said harbor:
2. To report to the legislature, from time to time, and as soon
as practicable, and at least by the second Tuesday of January
next, the result of the information thus obtained, and the evidence upon which the same shall be founded.
3. To recommend, submit, and present to the legislature, the Ib.
establishment of such exterior lines, in different parts of the said
harbor, opposite and along the water fronts of the cities of New
York and Brooklyn, the county of Kings and county of Richmond, and beyond which, no erection, or permanent obstruction
of any kind, should be permitted to be made.




1302             ACTS RELATING TO THE CITY OF NEW YORK.
4. To recommend to the legislature such provisions as the
said commissioners deem necessary, in respect to the enlarging
or filling up of slips, coves, and recesses; the size, position, and
extent of piers, wharfs, bulkheads, or other erections or improvements within the exterior water line, and a suitable rate of
wharfage for vessels using the same, and the laying out and establishing such piers and wharfs, and leaving open space between
and under them, and in respect to any and every matter and
thing calculated to preserve forever the free navigation of said
harbor.
5. To have prepared, and submit, with their report, maps of
the said harbor, exhibiting the exterior lines recommended by
them, and the lines of the existing piers, wharfs, and bulkheads,
and of any grants of land under water in the said harbor which
have not been occupied, and also the original shore line, as far
as the same can be ascertained, accompanied with such field
notes, measurements, and elucidations as they shall' deem necessary to a full exposition and understanding of the subject.
6. To inquire and report upon the propriety of laying out, on
the East river, a street on the permanent water line in the city
of Brooklyn, to be called West street; also, to report upon the
power, practicability, and utility of establishing a boundary line
for the counties of Kings, Queens, and New York, in the East
river.
ines a mo    SEC. 2. The said commissioners may, by their order in writifed by ch. ing, restrain and stay all proceedings, until the further direction
1858.    of the legislature, by virtue of any grant of land under the said
waters heretofore made, and all permanent erections in, or obstructions of, the said waters, which, in their judgment, may interfere with or embarrass the establishment of such exterior lines
as they shall deem  proper to recommend to the legislature,
which order shall be enforced, and disobedience thereof shall be
punished by the supreme court in the second judicial district, at
any special or general term thereof, in the same manner and to
the same extent as in cases of injunctions issued out of such
court. And any permanent erection or obstructions, made contrary to any such order, may be removed and abated by the said
commissioners.
ath of    SEC. 3. The said commissioners shall take, and file in the office
of the secretary of state, the oath of office prescribed in the constitution, before entering on the duties of their appointment.
They shall not be or become interested, directly or indirectly,
in any water rights, or rights to occupy land under water in the
said harbor, nor in any real estate that can in any way be benefited or affected by the establishment of the said exterior lines,
or by any measures they may recommend. And on proof being
made to the governor of any of said commissioners being so




WHARVES, PIERS, AND SLIPS.                      1303
interested, and upon a hearing of the party so charged, he may
be removed from office by the governor.
SEC. 4. Any vacancies in the board of commissioners, caused Vacancies.
by removal, resignation, refusal to serve, or otherwise, shall be
filled, by the appointment of the governor of a citizen not interested, as aforesaid.
SEC. 5. The acts of a majority of the board of commissioners, Number to
at any meeting of the whole number, or at any meeting of four act'
members, held pursuant to adjournment, shall be deemed to be
the acts of the board, and shall be deemed valid as such.
SEC. 6. The said commissioners may employ surveyors, agents, Officers.
workmen, and others necessary to the discharge of their duties;
and they and their agents and servants may enter upon any
land for the purpose of surveying or obtaining any information
on the subject of their appointment.
SEC. 7. Each commissioner shall receive five dollars for every Compensaday actually employed by him in the duties of his said appoint- tio.
ment, and his actual traveling expenses when absent from his
residence. The said allowances, together with the bills for the
services of the surveyors, agents, and others employed by the
commissioners, and all other expenses incurred by them, the correctness of which is certified by a majority of the board, shall be
audited by the comptroller and paid, on his warrant, by the
treasurer, out of any money belonging to the general fund not
otherwise appropriated.
SEC. 8. This act shall take effect immediately.
1857.-CHAPTER DCLXXI.
AN ACT to establish Regulations for the Port of New York.Passed April 16, 1857.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. It shall not be lawful for the captain, mate, or any Depositsof
person on board of any steamboat, to throw  or cause to be sdes.  ud
thrown into the waters of the port of New York, below Spuyten
Duyvel creek, on Hudson river, or below Throgs point on the
East river, nor in the bay inside of Sandy Hook, any cinders or
ashes from such steamboat, under the penalty of twenty-five
dollars for each and every offense, recoverable by the commissioners hereinafter named, and for such penalty the steamboat
from which such cinders or ashes were thrown shall be liable.




1304             ACTS RELATING TO THE CITY OF NEW YORK.
Crsmmfpssl    SEC. 2. " The Board of Commissioners of Pilots" in the city
of New York, appointed in pursuance of an act entitled "An
act to provide for the licensing and government of the pilots,
and regulating pilotage of the port of New York," passed June
28, 1853, shall be the commissioners under this act.
Ruot to   SEC. 3. It shall not be lawful for any person to throw  any
botihownn ballast, rubbish, ashes, or cinders, from any vessel or lighter, or
from any pier or bulkhead, into the waters of the docks, slips,
or harbor of the port of New York; nor from out of any vessel
upon any pier or bulkhead in the port of New York, unless
to discharge the same immediately into carts.  Any person
who shall violate any of the provisions of this section shall
forfeit and pay to the commissioners the sum  of five dollars,
and the further sum of two dollars for each and every cubic
yard of material so thrown out; and such fine shall be a lien,
until paid, upon any vessel from which such material shall be
thrown or discharged.  [As amended by chap. 226, ~ 1, Laws of
1858.]
Penalty.   SEC. 4. Every person willfully throwing or putting any stones,
earth, shavings, night soil, dirt, or rubbish, into any dock or
slip in the port ofNew York, or on any public pier or bulkhead
in said port, shall forfeit and pay to the commissioners the
sum of twenty-five dollars for each offense; one-half of all fines
recovered under this section shall be for the use of the person
or persons lawfully entitled to the occupation of such docks,
slips, or piers.
tonpstc.   Whenever any horse or cart shall be employed in dumping
stones, earth, shavings, night soil, dirt, or rubbish, into any
dock or slip, or on any public pier of the port of New York,
the fine prescribed by this section shall be a lien, until paid,
upon such horse and cart. [As amended by chap. 226, ~ 2, Laws of
1858.]
SEC. 5. It shall be the duty of every owner, master, mate, or
other person having the charge or management of any vessel
from which, or into which, ballast, coal, cinders, stones, bricks,
tiles, dung, or any loose matter or thing, shall be conveyed, to
fasten canvas, mats, or cloths, between the pier or bulkhead
and vessel, and between vessels lying along side each other, to
or from  which such ballast or other loose material shall be
conveyed, so as to prevent any part thereof falling into the
waters of the port; and if to be landed, to place such material
at least two feet from the edge of the pier or bulkhead, under
the penalty of ten dollars for the violation of any of the provisions of this section, and for each offense, to be paid to the commissioners; and such penalty shall be a lien, until paid, on the
vessel from which such ballast, coals, cinders, stone, brick, tiles,
dung, or other matter or thing, shall be so conveyed or landed.
[As amended by chap. 226, ~ 3, Laws of 1858.]




WHARVES, PIERS, AND SLIPS.                       1305
SEC. 6. It shall not be lawful to throw iron, lead, or any Uelrading
metal, or any package of merchandise weighing over fifty
pounds, from a vessel on to a pier in the port of New York,
without adequate protection to the planking of such pier, under
the penalty of five dollars for each offense, to be paid to the
commissioners, and to be a lien on the vessel until paid; nor
shall it be lawful for any person or persons to draw, or cause to
be drawn, or trail, or drag, over any pier in the port of New
York, any anchors or blocks of stone, otherwise than upon
carts, rollers, wheel carriages, or sleds, under the penalty of five
dollars for every offense, one half of which shall be for the use
of the person or persons lawfully entitled to the occupation of
such pier.  [As amended by chap. 226, ~ 4, Laws of 1858.]
SEC. 7. When any slip, or basin, or shoal in the port of New Dredging o
York, shall be dredged or excavated, it shall be the duty of the 
person or persons causing the same to be dredged, to cause the
sand, mud, or other material, to be removed and deposited in
some place above high water mark, or be deposited within a
bulkhead for filling, or in some place to be approved by the said
commissioners; and any person violating the provisions of this
section shall forfeit and pay to the said commissioners the sum
of five dollars, one-half of which shall be retained by the commissioners for every cubic yard removed.
SEc. S. Whenever any pier or bulkhead, in the port of New
York, shall be encumbered, or its free use interfered with, by
merchandise, lumber, or any other obstruction, whether of loose
material, or built upon or affixed to the pier or bulkhead, it
shall be the duty of the commissioners to notify the person or
persons, placing or keeping such merchandise or obstruction on
such pier or bulkhead, to remove such merchandise or obstruction within twenty-four hours after such notice; and in case of
failure to comply with such notice, and to remove such merchandise or obstruction, the person or persons so notified shall
be liable to pay to the commissioners the sum of twenty-five
dollars for each and every day during which such merchandise
or obstruction shall remain on such pier or bulkhead; and the
commissioners shall have power, in their discretion, to remove
any merchandise so encumbering any pier or bulkhead, and to
store the same in a warehouse or other proper receptacle  and
a sum equal to the amount of the expenses of removal, together
with the charges for storage, shall be paid by the owner of
such merchandise to the commissioners, and shall be a lien on
such merchandise until paid.  [As amended by chap. 226, ~ 5,
Laws of 1858.]
SEC. 9. Whenever merchandise discharged from a vessel and Removaland
encumbering a bulkhead or pier, in the port of New York, shall temchnse
not, in the judgment of the said commissioners, be of sufficient




1306            ACTS RELATING TO THE CITY OF NEW YORK.
value to pay the expenses of removal and storage, as provided
in the last preceding section, such merchandise shall be removed
and stored at the expense of the owner, consignee, or master of
the ship or vessel from which such merchandise shall have been
discharged.
Advertising   SEC. 10. At the expiration of every six months, it shall be
of unclaimed
merchandise the duty of the said commissioners to advertise for one week, in
three or more daily papers in the cities of New York and Brooklyn, the merchandise which they have stored and which has
remained unclaimed, setting forth the marks and numbers of
each package, the description of the merchandise, the pier
whence such merchandise was removed, and the date of such
removal; and if any of such merchandise so advertised shall
remain thereafter unclaimed for three months, the said commissioners may then sell the same, after further advertisement for
one week in three or more of the daily papers published in the
cities of New York and Brooklyn, at public auction to the highest bidder, to pay the expenses which have been incurred on
such merchandise, and the remainder shall be held in trust by
the said commissioners, for the owner or owners thereof, for
twelve months, when, if not claimed, it shall form part of the
fund of said commissioners.
commisson-  SEC. 11. It shall be the duty of the said commissioners to
require the, lessees or occupants of the public piers and bulkheads, in the cities of New York and Brooklyn, to keep the said
piers and bulkheads clean and in good repair; and they shall
specify in such notice the particulars of the repairs required by
them to be made; and if, when so notified to clean and repair
any public pier or bulkhead, the lessee or occupant shall refuse
so to do in accordance with the notice and specification of the
commissioners, he shall be liable to pay to the said commissioners a fine of five dollars for each and every day during which
he shall neglect or refuse to clean or repair such pier or bulkhead. [As amended, chap. 226, ~ 6, Laws of 1858.]
Mooring to   SEC. 12. Any person mooring any vessel to any of the buoys
buoys    or beacons placed in the harbor of New York by the United
States lighthouse board, or in any manner hanging on with a
boat or vessel to any such buoy or beacon in said harbor, shall
forfeit and pay to the commissioners of the port the sum of fifty
dollars for every offense; and any person who shall willfully remove any such buoy or beacon shall be deemed guilty of a
misdemeanor, and in addition to the punishment which may
therefor be inflicted, he shall forfeit and pay to the said commissioners the sum  of two hundred and fifty dollars for every
offense.
Fish poles.   SEC. 13. It shall not be lawful, except in cases now provided
by law, for any person to erect or drive in the soil under




WHARVES, PIERS, AND SLIPS.                       1307
water, in the harbor of New York, any poles for the purposes of
fishing, where the water is of greater depth than six feet at
mean low tide, under the penalty of five dollars for each pole
erected or driven contrary to the provisions of this section; and
it shall be the duty of the said commissioners to cause the same
to be removed.
SEC. 14. It shall be the duty of the owner or owners ofLightrs'
every lighter, engaged exclusively in the business of lightering
in the port of New York, to cause the name and place of business of one of the owners thereof to be painted, in letters at least
three inches long, on the sides of his lighter; and in default
thereof he shall forfeit and pay to the said commissioners the
sum of five dollars; and for each and every week the owner of
said lighter shall neglect to cause his name so to be painted on
his lighter, after being, notified, he shall forfeit and pay the sum
of ten dollars.
SEC. 15. It shall be the duty of the harbor masters and pilots Violations.
of the port of New York to report to said commissioners all violations of this act, which may come to the knowledge of said
harbor masters or pilots, or which may be made known to them
by complaint or otherwise.
SEC. 16. The act entitled " An act to amend the act entitled
an act relating to the harbor masters of the port of New York,
passed March 16, 1850," passed April 17, 1851, is hereby
repealed.
SEC. 17. All fines and penalties incurred and recovered under Fines ad
this act, which are recoverable by or in the name of the com- penalties
missioners under this act, shall be paid, except as otherwise
provided in this act, into the treasury of this state, and the
treasurer shall keep account of the same, and he shall pay to
the said commissioners annually the expenses incurred, and hereafter to be incurred, by the said commissioners under the act,
to be certified to him by the president and secretary of said
board, not exceeding five thousand dollars per annum, and the
further sum of five thousand dollars, to be divided between them
as follows: to the president of the board the sum of two thousand dollars, and to each of the other commissioners the sum
of seven hundred and fifty dollars per annum. [As amended by
chap. 226, ~ 7, Laws of 1858.]
SEC. 18. All the fines and penalties incurred underthis act shall Ib.
be recoverable by and in the name of the said commissioners.
In all cases where the fines and penalties prescribed by this act
are made liens upon property, they shall be enforced by attachments issued by the court where the proceedings for the recovery
of such fines and penalties shall be pending, to the officers to
whom executions of such courts are issued, and shall be enforced




1308             ACTS RELATING TO THE CITY OF NEW YORK.
and discharged in like manner as attachments against property
of non-resident debtors; and the said commissioners shall have
power, in their discretion, to remit any fines or penalties incurred under this act. For the purposes of this act, all piers
and bulkheads shall be deemed and taken as extending into the
adjoining streets, in the rear thereof, a distance of six feet. [As
amended by chap. 226, ~ 8, Laws of 1858.]
SEC. 19. This act shall take effect immediately.
1857.-CHAPTER DCCLXIII.
AN ACT to establish Bulkhead and Pier Lines for the Port of New
York.-Passed April 17, 1857.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows 
Lines estab-  SEC. 1. The bulkhead line or line of solid filling, and the
pier line, adjacent to the shores of the port of New York, are
hereby declared and established to be the bulkhead and pier
lines recommended to the legislature by the commissioners
appointed under the act entitled " An act for the appointment
of a commission for the preservation of the harbor of New York
from encroachments, and to preserve the necessary navigation
thereof," passed March 30, 1855, in thteir reports of January
27, 1857, and March 18, 1857, and as laid down on the maps
accompanying said reports, entitled " Atlas of New York harbor,
made under the direction of the harbor commission," in two
volumes, except that the exterior or pier head line from Ninth
street extended to Forty-ninth street, on the New  York side
of East river, shall be the same as in the line recommended by
the committee of commerce and navigation of the senate, in
their report of March 17, 1856, and on the maps hereinafter
ea wall,  referred to, in red ink; ahd a sea wall shall be erected on that
line from the north-east corner of the bulkhead at the foot of
Seventeenth street to Thirty-eighth street, with openings of not
less than one hundred feet, and at distances of not less than
four hundred and fifty feet apart from centre to centre; and
the whole water space between the bulkhead line hereby established, and the sea wall between Seventeenth and Thirty-eighth
Erectionof streets, shall be appropriated for piers, on piles or blocks and
pier.    bridges, and wet basins, and a continuous bulkhead from Thirtyeighth to Forty-ninth street, which  bulkhead shall be the
exterior line, and line of solid filling; but no pier, or other
erection or structure, shall be made outside of the said sea wall
or bulkhead from Seventeenth to Forty-ninth street, that is to
say:




WHARVES, PIERS, AND SLIPS.                      1309
1. Maps of the shores of the city and county of New York.
2. From a point one mile north of Spuyten Duyvil creek, on Desription
the east shore of the Hudson river; thence southerly to the seawall.
entrance and along the north shores of Spuyten Duyvil creek
and Harlem river, and easterly along the north shore of the East
river, to Throg's Neck, in the county of Westchester.
3. From the entrance to Little Neck bay, in the county of
Queens, westerly along the  south shore of the East river, including Flushing and Gowanus bays, and Newtown creek, to the
westerly end of Coney island, in the county of Kings.
4. The easterly shore of the county of Richmond, to the
entrance of the Kill van Kull, and thence along the southerly shore of the Kill van Kull, and the southerly and easterly
shores of Arthur's kill, or Staten Island sound, to a point opposite to the entrance of Woodbridge creek, in the state of New
Jersey.
5. From  the middle of the Kill van Kull, at its entrance
from the bay of New York; thence northerly along the westerly shore of the said bay and along the westerly shore of the
Hudson river, in the state of New Jersey, to a point opposite
to the entrance of Spuyten Duyvil creek.
6. The several islands in the harbor of New York.
SEc. 2. It shall not be lawful to fill in with earth, stone, Filingin.
or other solid material in the waters of said port, beyond the
bulkhead line or line of solid filling hereby established, nor
shall it be lawful to erect any structure exterior to the said
bulkhead line, except the sea wall mentioned in the first section of this act, and piers which shall not exceed seventy feet
in width respectively, with intervening water spaces of at least
one hundred feet, nor shall it be lawful to extend such pier
or piers beyond the exterior or pier line, nor beyond or outside of the said sea wall.
SEC. 3. It shall be the duty of the said commissioners, Maps.
within thirty days from the passage of this act, to verify by
their signatures, and to file in the office of the secretary of
state, there to remain of record, the aforesaid maps, together
with a minute written description, by courses and distances,
as far as practicable, of the aforesaid lines in front of the
cities of New York and Brooklyn, verified in like manner, and
file a copy of the description of the said courses and distances
in the office of the street commissioner of the city of New York,
and the term of the said commissioners is hereby extended to
the 15th day of May next.
SEC. 4. This act shall take effect immediately.




1310              ACTS RELATING TO THE CITY OF NEW  YORK.
1858.- CHAPTER CCLXI.
AN ACT to regulate the use of Wharves and Slips in the City of
New  York, which shall be leased to certain Steamboat Lines.Passed April 5, 1858, " three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as fbllows:
Lease of   SEC. 1. Whenever the owners of any wharves and slips on
slips and
wharves  the East river, now  occupied by any of the steamboat lines
hereinafter mentioned, or the owners of any wharves and slips
on the North river, in the city of New York, shall lease the
same to the owners or proprietors of any of the regular lines of
steamboats heretofore established, and now engaged in the business of transporting passengers and freight between the city of
New York and any place on the Hudson river, or between the
city of New York and any place on Long Island sound, or the
rivers emptying into Long Island sound, or between the city of
New  York and any place on Narragansett bay, or the bays
adjacent thereto, or any such steamboat running to and from
the city of New  York, the wharves and slips so leased shall,
during the term of the lease, be kept and reserved for the exclusive use and occupancy of the steamboats of the lessees, to the
extent necessary for the conducting and doing the business in
which they are engaged.
Duties of    SEC. 2. It shall be the duty of the harbor masters, or of any
master.  officer or officers of said city, who are now or hereafter shall
be empowered by law or by any ordinance of said city, to regulate and station ships and vessels in the harbor of said city;
and they shall have power to prohibit and prevent all other
boats, ships, and vessels frotm entering any of the slips, or approaching or lying at any of the wharves so let or leased under
the provisions of the first section of this act, when such slips
and wharves shall be required for the use and accommodation
of the lines of steamboats owned by the persons hiring or leasing the same.  In case any boat, ship, or vessel, not entitled,
according to the provisions of this act, to use said wharves or
slips, shall have entered any of said slips or shall be lying at
any of said wharves, during the continuance of such letting or
lease, when such slip or wharf shall be needed or required, for
the use or accommodation of any of the lines of steamboats
referred to in the preceding section, it shall be the duty of the
said harbor masters, or other officer or officers, and -they shall
have power forthwith, to remove such boat, ship, or vessel from
such slip or wharf, so far as may be necessary to accommodate
the steamboats entitled as aforesaid to the use of said slip or
wharf.
Persons re-   SEC. 3. Any person resisting or refusing or neglecting to
sisting, etc.




WHARVES, PIERS, AND SLIPS.                         1311
comply with any order or direction of any harbor master or
other officer, given in pursuance of this act, in relation to any
boat, ship, or vessel under command or control of such person,
and any person whatever who shall resist or oppose any harbor
master or other officer in the performance of the duties of his
office, under this act, shall, for every such offense, forfeit and
pay the sum of fifty dollars, to be recovered, collected, and
applied in the manner provided for the recovery and application
of the penalties imposed and specified in the third section of the
act, entitled " An act relating to the harbor masters of the port
of New York," passed March 16, 1850.
SEC. 4. N4 otiing in this act contained shall be so construed as
to give to any owner or owners of wharves and slips, designated in the act passed April 13, 1857, entitled " An act to regulate the use of slips and wharves of the city of New York, between piers number two and number twelve, East river," power
to let or lease the same, or any of them, for the purposes designated in this act. Nor shall anything herein be construed to
prevent the free use of the wharves and slips so let or leased
under the provisions of the first section of this act, when such
wharves and slips are not required for the use and accommodation of the steamboats for whose use and accommodation they
were hired or leased.
SEC. 5. The speed of the said steamboats shall not exceedspeed of
eight miles per hour in passing up the East river to Corlaer's
Hook.
SEC. 6. This legislature may alter, amend, or repeal this act,
and any rights or privileges conferred thereby.
SEC. 7. All acts and parts of acts, inconsistent with this act,
are hereby repealed.
SEC. 8. This act shall take effect immediately.
1860.-CHAPTER CCLIV.
AN A CT in relation to the Rates of Wharfage, and to regulate Piers,
Wharves, Bulkheads, and Slips in the Cities of New York and
Brooklyn.-Passed April 10, 1860, "three-fifths being present."
The People of the State of New York, represented in Senate and.Assembly, do enact as follows:
SEC. 1. It shall be lawful to charge and receive wharfage or Rates of
dockage at the following rates, from  every vessel that uses or whrfge and
makes fast to any pier, wharf, or bulkhead, within the cities of




1312            ACTS RELATING TO THE CITY OF NEW YORK.
New York or Brooklyn, for every day or part of a day's use of
the same, viz.: From every vessel of two hundred tons burden
or under, one cent per ton; and for every vessel over two hundred tons, one cent per ton for each of the first two hundred
tons, and for every additional ton burden, one-fourth of one
cent per ton; and from every vessel making fast to another vessel lying at any pier, wharf, or bulkhead, and for every vessel
lying at anchor within any slip or basin, one-half of the above
rates.
Pegalt for  SEC. 2. The captain or owner of any vessel that shall leave a
paywharf- wharf without paying the wharfage due thereon, and shall neglect to pay the same for twenty-four hours after demanded of
the captain, owner, or consignee, shall forfeit and pay to the
owners of the wharf double the rates of wharfage hereby established, and the wharfage shall be a lien on the vessel.
Rates to be  SEC. 3. It shall be lawful for the owner or lessee of any bulkhead, pier, or basin, in the port of New York, to charge and receive the sum of five cents per ton on all goods, wares, or merchandise, remaining on the bulkhead or pier owned or leased by
him, for every day after the expiration of forty-eight hours from
the time such goods, wares, or merchandise, shallhave been left or
deposited on such pier or bulkhead, and shall be a lien thereon
until paid; excepting merchandise and other property delivered
on a wharf for transportation by canal boats through the canals
owned by this state, and also excepting such merchandise as
may be landed on a bulkhead for storage purposes by the owner
or occupant of a warehouse immediately in front of and adjoining
the bulkhead on which such merchandise shall be landed, which
may be permitted to remain thereon eight days without being
subject to the charge aforesaid. Nothing contained in this section shall be so construed as to conflict with the eighth section
of the act to establish regulations for the port of New York,
passed April 17, 1857, and amended April 16, 1858.
Dutiesof    SEC. 4. The board of commissioners of pilots, organized under
owners of
piers,   the act entitled " An act to provide for the licensing and govwharves,
etc.'  ernment of the pilots, and regulating pilotage of the port of New
York," passed June 28, 1853, are hereby authorized to require
the owner or owners of any pier, wharf, or bulkhead, in the
cities of New York or Brooklyn, to keep the same fiee from
dirt and in good repair, and to keep the slips properly dredged;
and whenever, in the judgment of the said board, it shall be
necessary so to do, they shall cause written notices, signed by
the president or secretary of said board, to be served upon the
owner or owners, or collector of wharfage of any pier, wharf,
or bulkhead, or the slip adjoining the same, on which cleaning,
repairs, or dredging are required by said board, specifying the
nature and extent of the cleaning, repairs, or dredging, so re



WHARVES, PIERS, AND SLIPS.                         1313
quired; and in case of failure of the owner or owners so notified
to comply with the terms and requirements of such notice,
within thirty days after such notice as to repairs, and within
ninety days as to dredging, they shall be liable to a penalty of
five dollars per day for every day they shall neglect to comply
with such notice, such penalty to be recoverable by the said
board of commissioners of pilots, in their corporate name, and
disposed of in like manner as the fines and penalties prescribed
by the act establishing regulations for the port of New York,
passed April 16, 1857.
SEC. 5. The notice, required in the fourth section to be given Notite, how
to the owners of wharves or piers by the board of pilot commissioners, shall be given by serving the same on one or more
of such owners personally, or by serving the same on such person as receives or collects, on behalf of such owner or owners,
the wharfage of the wharf, pier, or bulkhead, in respect to which
the notice is given.
SEC. 6. Nothing contained in this act shall be construed as
altering the rates of wharfage chargeable on lighters, canal boats,
or barges, by existing laws.
SEC. 7. The collection of the rates of wharfage established by  hrcftgeo   o
this act shall be enforced in the manner prescribed in the 217th how  en
section of the act of 9th of April, 1813. [As amended, 1862, chap.
479.]
SEC. 8. All acts or parts of acts, inconsistent with the provisions of this act, are hereby repealed.
SEC. 9.'This act shall take effect immediately.
1860.-CHAPTER  DXXII.
AN ACT to prevent Encroachments and Obstructions in the Harbor
of New York, and to authorize their removal, and to correct the
Harbor Commissioners' Lines.-Passed April 27, 1860, " threefifths being present.'
Ths People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. It shall not be lawful to obstruct or interrupt the Port a
navigation of the waters of the port and harbor of New  York New Yorl
to be kept
by any incumbrance whatever; and in case of any such obstruc- clear of o.
tion or interruption by reason of any sunken vessel or otherstr'to
thing, the board of commissioners of pilots shall notify the owner
83




1314             ACTS RELATING TO THE CITY OF NEW YORK.
or owners of such vessel or thing, if such owner or owners are
within the city and county of New York, and are known to
them, to remove the same within three days after such notice;
and in case such owner or owners are not known to the said
board of commissioners of pilots, or are not within the said city
and county of New York, or fail to comply with such notice,
the said board of commissioners of pilots shall cause the said
obstruction to be removed, and the expenses of such removal
shall be paid by the county within whose jurisdiction such vessel or thing shall be, and shall be recoverable from the owner or
owners of such vessel or thing, by and in the name of the board
of supervisors of such county; such expenses shall also be a lien
on the vessel or thing so removed, until paid.
Piers, bulk —
heads, or    SEC. 2. It shall not be lawful for any person to build, erect,
other stmt- or maintain, any pier, bulkhead, or other structure, or to fill in
ures, may
not be built with earth or other material, in the waters of the harbor of New
or suffered
to remain York, beyond the exterior line defined and recommended by the
tayn itsr-commissioners for the preservation of the harbor of New York,
and established in and by chapter seven hundred and sixtythree, of the Session Laws of 1S57; and in case of the building or erection of any such pier, bulkhead, or other structure, or of maintaining of any such pier, bulkhead, or other
structure, whether now  existing  or hereafter erected, the
board of commissioners of pilots shall notify the person or
persons building, erecting, or maintaining, the same, within
a time to be prescribed and specified in their notice; and
in case of failure to comply with such notice, the said board of
commissioners of pilots shall have the power to cause so much
of such pier, bulkhead, or structure, as is beyond the exterior
line so defined and established, to be forthwith removed, and the
person or persons who built or maintained the same shall be
liable to pay all expenses of such removal, to be recoverable by
and in the name of the board of commissioners of pilots, and
shall also pay a fine of twenty-five dollars a day, for each and
every day during which such obstruction, shall remain after such
notice, and until such pier, bulkhead, or other encroachlment,
shall have been removed, as herein provided.  This section shall
not apply to piers or bulkheads built before the establishment
of said exterior line.
SEC. 3. The act entitled " An act to establish bulkhead and
pier lines for the port of New York," passed April 17, 1857,
is hereby amended so as to read as follows:
The said bulkhead and pier line shall be altered so as to read
as follows: Beginning at an angle in the exterior water line,
of land under water, granted to G-ouverneur Morris, of Morrisania, in the county of Westchester, by the commissioners of the
land office of this state, which angle in said line is distant five
hundred and thirty feet southeasterly at right angles from a




WHARVES, PIERS, AND SLIPS.                       1315
projection northeasterly of the southeasterly side of First avenue, in the village of Port Morris, and distant three hundred
and forty-two feet northeasterly from  a projection southeasterly of the northeasterly side of First street, in said village;
thence running northeasterly, on a curve, nearly parallel to
the said bulkhead and pier line, ten hundred feet, to a point
in the East river, which is distant one hundred feet outside of
low water mark, opposite a point of rocks east of Port Morris; thence running northeasterly parallel to the said bulkhead and pier line, seven hundred feet; thence northeasterly
in a straight line, eleven hundred feet more or less, to a point
in the said bulkhead and pier line, which is in front of a point
of rocks projecting into the river, next westerly of Rutger's
Point, as the same is laid down on the harbor conmmissioners'
map, now on file in the office of the secretary of state.
SEc. 4. This act shall take effect immediately.
186;2 —CHAPTER CCLXV.
AN ACT to provide for the Licensing of Ballast Lighters in the
Port of New York.-Passed April 17, 1862, "three-fifths being
present."
The People of the State of New  York, represented in Senate and
Assembly, do enact as bfllows:
SEC. 1. No boat, lighter, or vessel, shall be employed in the Liense
business of carrying ballast in the port of New York, unless
licensed for that purpose under the provisions of this act; and
any person using or employing any boat, lighter, or vessel, for
the purpose of carrying ballast in the port of New York, not
duly licensed as in and by this act provided, or of which the
license shall have expired, shall pay a fine of twenty-five dol- Penalty.
lars for each and every day on which such boat, lighter, or vessel, is so used or employed, to be recovered by the captain of
the port of New York, and the amount of such fine shall be
a lien on the boat, lighter, or vessel, so used or employed.
SEC. 2. The captain of the port of New York shall have power who may
to license such boats, lighters, or vessels, as he shall, after grnt cense
inspection by him or under his direction, deem suitable for the
purpose of carrying and discharging ballast, such licenses to be
issued to the owner thereof; and to continue in force for one
year from the date thereof, and shall be renewable from year to
year.




1316            ACTS RELATING TO THE CITY OF NEW YORK.
Fees.     SEC. 3. The sum  of ten dollars shall be paid to the said captain of the port of New York for every license issued under this
act, and the sum of five dollars for every renewal thereof; all
license fees, fines, and penalties collected under this act shallbe
paid over and accounted for by the captain of the port of New
York, in like manner as is now required by law  in respect to
fees, fines, and penalties collected or recovered by him.
SEC. 4. This act shall take effect immediately.
1862.-CHAPTER  CCCCLXXX.
AN ACT to authorize William Beard and others to erect, construc,
build, and maintain Sea Walls or BreakwaterPiers, Docks, Wharves,
Bulkheads, Piers, and Warehouses, and a Basinfor commercial uses,
infront of their lands in the Twelfth Ward of the City of Brooklyn.
-Passed April 24, 1862.
Whereas, William  Beard, Jeremiah P. Robinson, and others,
owners of land adjoining the easterly portion of that part of
Gowanus bay laid down as basin number one on sheet twentyfour of the atlas of the harbor commissioners, as altered, have,
in their memorial to the legislature, set forth that they are constructing wharves and excavating slips for the accommodation
of shipping on and adjoining their said lands, and are willing to
build sea walls and breakwater piers in front of their said lands
in a good and substantial manner. And, whereas, as a protection
from the westerly winds to vessels that may come within the
basin to be formed by said sea walls and breakwater piers, it is
advisable to have stores or other structures built on said sea
walls and breakwater piers: Now, therefore,
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SECTION 1. It shall be lawful for William Beard and others,
owners of real estate fronting on the water, in the twelfth ward
of the city of Brooklyn, and their heirs and assigns, to erect,
construct, build, and maintain sea walls or breakwater piers,
docks, wharves, bulkheads, piers, and warehouses, and a basin
for commercial purposes, on the land under water in front of
their lands in the city of Brooklyn, in manner following, that is
to say: To erect a sea wall or breakwater pier, the outer line
of which shall commence at the bulkhead line as laid down on
the map record, in the office of the secretary of state, entitled
sheet number twenty-four of the atlas of the harbor commissioners, at a point where the said line intersects the middle of
Van Brunt street as extended; running thence southerly six




WHARVES, PIERS, AND SLIPS.                        1317
hundred and sixty-six feet to the outer sea wall line as recently
established; thence to a point in a line which is parallel to and
two hundred feet easterly from the easterly side of Van Brunt
street, which point in said line is five hundred and seventy-five
feet from the bulkhead line as established; thence from the lastmentioned point along the said line to the said bulkhead line:
on the southerly and easterly sides of the said sea wall or breakwater pier, there shall be a street of thirty feet in width; and,
also, to erect another sea wall or breakwater pier, to be three
hundred feet in width, the outer line of which shall commence
at a point in the outer sea wall line of basin number one of the
Gowanus bay basins, as recently established; one hundred and
seventy-five feet southerly from where the said outer line intersects the middle line of Van Brunt street, as extended; running
thence southerly and easterly along the said outer sea wall line
to a point at which the said sea wall line would intersect the
westerly side of Otsego street, as extended; the northerly end
of the said sea wall last mentioned to be parallel to and one
hundred and fifty feet from  the southerly boundary of the sea
wall or breakwater pier first herein described, and to have
streets fifty feet in width on the outer and inner edges, and at
the end thereof; and, also, to erect another sea wall or breakwater pier, commencing at a point where the said outer sea wall
line intersects the westerly side of Otsego street, as extended;
running thence along the said westerly side of Otsego street to
the bulkhead line, as established, and to extend to a line two
hundred and fifty feet easterly from  and parallel to the said
westerly line of Otsego street, and from the said outer sea wall
line to the said bulkhead line; on the southerly and westerly
sides of the sea wall or breakwater pier last mentioned shall be
streets fifty feet in width. All such sea walls and breakwater
piers shall be constructed with solid filling.
SEC. 2. The space within the sea walls or breakwater piers
and the bulkhead line, in the last section mentioned, shall constitute a basin, to be used for commercial purposes, to be called
the Erie basin. It shall be lawful for the said William Beard,
and said other owners and their assigns, to erect warehouses and
other buildings for commercial uses, on all such parts of the
said sea walls or breakwater piers as are not to be used for
streets, as hereinbefore provided for; and it shall be lawful for
them to build bulkheads on the line by law established therefor
within said basin, and such piers within said basin as may by
them be deemed necessary, provided that the said piers be built
on piles and blocks at the ends in a substantial manner, and to
charge and receive reasonable storage, dockage, and wharfage
from  all persons using the said sea walls or breakwater piers,
and the said warehouses, piers, docks, or the basin, that may be
constructed pursuant to this act.
SEC. 3. This act shall take effect immediately.




1318             ACTS RELATING TO THE CITY OF NEW  YORK.
1862.-CHAPTER  CCCCLXXXIV.
AN  ACT to amend an Act entitled " An Act to establish Bulkhead and Pier lines for the Port of New York," passed April 17,
1857.-Passed April 24, 1862, " three-fifths being present."
Whereas, owners of land adjoining basin number one of the
Gowanus bay basins, as established by law, are constructing
wharves and excavating slips for the accommodation of shipping
of a large class; and,
Whereas, It appears that on the exterior side of the sea wall
or breakwater pier of said basin, as established by law, there is
not sufficient depth of water to give access to the said basin for
the class of vessels which it is intended to accommodate, and
which the increasing commerce of the port of New York requires; Now, therefore
The People of the State of New York, represented in Senate and
Assembly, do enact as follows;
SECTION 1. The outer sea wall line of basin number one, of
Gowanus bay basin, shall be altered as follows: The said outer
line shall begin at the point of its commencement, as now established, namely: At a point in the line of the westerly side of
Ferris street, as extended southerly, five hundred and fifty-four
feet from the westerly side of Coast Wharf; running thence in
a straight line to a point in the middle line of Van Brunt street,
as extended southerly, eleven hundred and fifty-five feet fiom the
southerly side of Reid street; running thence in a straight line
to a point one hundred feet westerly fioml the sea wall line, as
heretofore established, which point is ten hundred and sixty-one
feet distant from and perpendicular to the westerly side of Otsego street, as extended southerly at a point distant seventeen
hundred and nineteen feet from the southerly side of Cuba street;
and running thence six hundred and sixteen feet six inches in an
arc, which arc has a radius of six hundred and ninety-six feet,
the centre of said arc being at a point four hundred and fiftythree feet distant from and perpendicular to the westerly side
of Otsego street, as extended southerly at a point fourteen hundred and eighty-seven feet distant from  the southerly side of
Cuba street to a point in the said sea wall line, as now established.  The new le hereby lished.  The nw  l     he  ished being marked in red
ink on a map entitled " sheet number twenty-four of the atlas of
the harbor commissioners, as altered to show the extension of
the sea wall of Gowanus bay basin number one, drawn by A.
Kurth, city surveyor, thirteenth of March, 1862," which shall
be verified by the signature of the secretary of state, and filed
in his office, there to remain of record.
SEC. 2. This act shall take effect immediately.




WHARVES, PIERS, AND SLIPS.                          1319
1862.-CHAPTER  CCCCLXXXVII.
AN ACT defining and regulating the Powers, Duties, and Compensation of the Captain of the Port and Harbor iMasters of the Port of
New York.-Passed May 22, 1862, " three-fifths being present."
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SEC. 1. The governor shall appoint, by and with the consent Captain of
of the senate, an officer to be called captain of the port of New harbor masters  to   bo
York, and to assist him, subordinate to his directions, eleven appointed.
harbor masters.  All of said harbor masters shall reside, after
their appointment and during their term of office, in the city of
New York or in the city of Brooklyn.  Said captain of the port
or any of the harbor masters shall not be directly or indirectly
interested as owners or agents in any steam tow boat, tug boat,
ship, vessel, canal boat, barge, or lighter, navigating tie port of
New  York.  Said harbor masters shall hold their office two Termof
years, and said captain of the port shall hold his office three o'ce.
years, and until others are appointed, unless sooner removed for
cause.  Before entering on his duties, said captain of the port
shall execute a bond to the people of this state, in the penal sum Bond.
of ten thousand dollars, with at least two sufficient sureties, to
be approved by a justice of the supreme court, conditioned for
the faithful performance of the duties of his office, and the proper
application of all fees and moneys that may come into his hands
as such officer; and each of said harbor masters shall execute a
like bond in the penal sum of two thousand five hundred dollars,
conditioned for the faithful performance of the duties of his office;
said bond shall be filed in the office of the clerk of the county of
New York.
SEC. 2. It shall be the duty of and the captain of the port Port to be
divided into
shall have power to divide the port of New York into eleven eleven disdistricts, specifying the limits and boundaries thereof, and he tricts.
may, whenever the exigencies of business demand, re-district the
said port, or alter any such districts. To each of such districts
he shall have power to assign a harbor master to perform  the
duties thereof (and may change such harbor master from  one
district to another), or put two or more districts under the care
of one harbor master, as the exigencies of business may require.
SEC. 3. The said captain of the port shall set apart, keep, and api of
reserve all that. part of the water adjacent to the wharves of port.
the city of New York, from the east side of pier number two to
and including the east side of pier number nine East river, from
the 20th day of March to the 1st day of January in each
year, for the exclusive use and accommodation of canal boats and
barges, engaged in the business of transporting property on the




1320            ACTS RELATING TO THE CITY OF NEW  YORK.
Hudson river, or coming to tide water from the canals of the
state, or arriving in said port from Albany or any place north or
west thereof, and he shall assign such other accommodations for
said canal boats and barges in other parts of the port of New
York as may from time to time be necessary in receiving or discharging their cargoes.
Regulatons   SEC. 4. No vessel, other than canal boats, barges, or lighters,
as to the
port.    receiving or delivering property from or to said canal boats or
barges, shall use or enter into for the purpose of using any part
of the port of New York set apart for the use of canal boats and
barges, without the written consent of the captain of the port
first had and obtained therefor, and then only between the lst
day of January and 20th day of March in each year, and when
not occupied by canal boats, under a penalty of one hundred
dollars for every day that such vessel shall remain in said part
of said port so set apart, after being notified to leave by the captain of the port or a harbor master, and said penalty shall be a
lien upon any such vessel, and be enforced by proceedings
against, instituted by and in the name of the captain of said
port, according to the provisions of the laws of this state concerning attachments against vessels.
Captain of    SEC. 5. It shall be the duty of the captain of said port to colceivefees  lect and receive all fees hereafter provided for the services of
or Lhrbor  harbor masters, and on the first Monday of each month to make
masters   out an account and duly verify the same on oath, of all moneys
which have become due for fees, and have been collected and
uncollected, and such account shall be open to the inspection of
said harbor masters at all times, and the money received shall
be divided equally between each of said harbor masters and himself, share and share alike, after deducting such office and legal
expenses as may have been necessarily expended in the disProviso,  charge of his duties as captain of the port; provided, however,
that such office and legal expenses shall not exceed, in any one
month, the sum of one hundred and fifty dollars.
Fees.      SEC. 6. The following fees shall be collected under this act,
and no others: All ships or vessels of the United States of more
than one hundred and fifty tons burthen, except canal boats,
lighters, tugs, barges, sound and river steamboats employed on
regular lines, and all ships or vessels of any foreign nation that
are permitted by the by-laws of the United States to enter on
the same terms as vessels of the United States, which shall enter
the said port of New York, or load or unload, or make fast to
any wharf therein, shall pay one and one-half of one cent per
ton, to be computed from the tonnage expressed in the registers
of enrollments of such ships or vessels respectively.  All other
foreign ships or vessels which shall arrive at and enter the said
port, and load or unload, or make fast to any wharf therein, shall




WHARVES, PIERS, AND SLIPS.                        1321
pay three cents per ton, to be computed on the tonnage expressed in the registers or the documents on board, except that
all coastwise sloops and schooners over one hundred and fifty
tons shall pay two dollars fee, and no more. And where difficulties arise between vessels of less than one hundred and fifty
tons burthen, and the captain of the port or a harbor master is
called upon to settle the same, the vessel, canal boat, or barge,
in fault, shall pay five dollars. Such fees shall be paid by the
masters, owners, or consignees, of such ships or vessels at the
office of the captain of the port, or to persons authorized by him
to collect the same, within forty-eight hours after the arrival of
such ship or vessel, and in default thereof, if the same shall have
been first duly demanded, such master, owner, or consignee, on
whom such demand shall have been previously made, shall pay
double the amount of such fees, to be sued for and recovered in
the name of the captain of said port, in any court having cognizance thereof.  All fees under this act shall be paid to the
captain of the port, or upon his written order, and he shall have
power to employ the necessary assistance in making collections
thereof, at an expense of not more than five per cent. upon the
amount collected, which expense shall not be considered office
expense.
SEC. 7. Each harbor master shall have power, within the dis-Power or
harbor
trict assigned to him, to provide and assign suitable accommo- masters.
dations for all ships and vessels, and regulate them in the stations
they are to occupy at the wharves or in the stream, and to
remove from time to time such vessels as are not employed in
receiving or discharging their cargoes, to make room for such
others as require to be more immediately accommodated for the
purpose of receiving or discharging their cargoes, and shall have
power to determine as to the fact of their being fairly and in
good faith employed in receiving or discharging their cargoes,
and shall have authority to determine how  far and in what
instance it is the duty of the master and others, having charge of
ships and vessels, to accommodate each other in their respective
situations. And if any master or any person, having charge of any
vessel, canal boat, barge, or lighter, shall refuse or neglect to
move his vessel, canal boat, barge, or lighter, when ordered to
do so by the captain of the port, or by a harbor master, or shall
resist or forcibly oppose said officers in the discharge of their
duties, such master or person so refusing, neglecting, resisting,
or opposing, shall, for every such offense, forfeit and pay the
sum of fifty dollars, to be recovered, with costs of suit, by and
in the name of the captain of the port, before any court having
cognizance thereof.
SEC. 8. Each of said harbor masters shall remain in and per- harbor
form the duties of the district or districts assigned to him by the masters
captain of the port, and shall not absent himself from the cities of




1322          ACTS RELATING TO THE CITY OF NEW YORK.
New York or Brooklyn without the written permission of the
captain of the port.  He shall not appoint any deputy or assistant, or delegate the powers of his office to any person or persons
whatsoever.  He shall not collect any fees under this act, unless
authorized to do so by the captain of the port; he shall not take
or receive, directly or indirectly, any money, or valuable thing, or
compensation, for his services, or on account of the exercise of
his powers of office, except as provided by this act.  Any harbor.master violating any of the provisions of this section shall, upon
conviction thereof in any court of record, be punished by a fine
of five hundred dollars, and in addition thereto may, in the discretion of the court, be imprisoned in the county jail for a term
not exceeding thirty days.
F1setero   SEC. 9. Any person who shall falsely represent himself to be
prohibited  a harbor master,.or wrongfully perform  the duties of harbor
master, shall be deemed guilty of a misdemeanor, and, upon
conviction thereof, shall be imprisoned in the county jail for a
term  not exceeding sixty days, and fined, in the discretion of
the court, a sum not exceeding twenty-five dollars.
Complaints   SEC. 10. It shall be the duty of the captain of the port to
against harbormasters. hear any complaint against any harbor master for improperly
attending to or discharging the duties of his office, and his defense thereto.  He shall examine into such complaint and
defense, and have authority to administer oaths upon such examinations, and if, after such examinations, there shall, in his
judgment, be sufficient ground therefor, he shall send said comnplaint, with the evidence in the matter, to the governor of the
state, within ten days from the receipt of such complaint, by
the captain of the port, and, until the decision of the matter by
the governor, he may suspend such harbor master from the exercise of the duties of his office, and during the period of such
suspension such harbor master shall not receive or be entitled
to any pay, if he be adjudged guilty of the offense charged.
Punishment   SEC. 11. If the captain of the port shall charge, or receive,
for violation
of this   or bargain to take or receive, directly or indirectly, any fees
stat.   greater than those allowed by this act, or shall receive, or agree
to receive, any money, or valuable thing, or compensation whatever, as a present or gratuity for the exercise of his official
judgment or discretion, or shall refuse to divide with the harbor
masters the moneys received by him, as aforesaid, for each and
every refusal he shall be deemed guilty of a misdemeanor, and,
upon conviction thereof, shall be fined five hundred dollars and
imprisoned for the term of one month in the county jail.
SEC. 12. All fines and penalties collected under this act, shall
be for and applied (1) the use of the New York hospital.
(1) So in the original.




WHARVES, PIERS, AND SLIPS.                          1323
SEC. 13. The captain of the port shall report to the governor Reort of
of the state, under oath, the whole amount of fees received
under this act, each year, to the 31st of December, and such
report shall be made within ten days from such 31st of December.
SEC. 14. The terms of office of the present captain of theport Terms of
office of
and harbor masters shall continue during the terms for which present
they were appointed, unless they shall be removed for cause, cpatadinofr
according to the provisions of this act, and the present captain bor mastes.
of the port and harbor masters shall be governed by and be subject to this act.
SEC. 15. It shall be the duty of the captain of the port or a Cop o act.
harbor master, whenever required by the captain, owner, or
consignee, of any vessel, or any person having charge of any vessel, to show a copy of this act to such captain, owner, or consignee, and no person shall be fined for a violation of this act
until that has been done.
SEC. 16. The governor shall have power to remove the said Removal of
captain of
captain of the port, or any of said harbor masters, from office port and
harbor mas.
for any malfeasance of office or willful neglect of the duties tors.
thereof.
SEC. 17. All acts heretofore existing relating to the captain of Repea of
the port, or to harbor masters of the port of New  York, are statutes.
hereby repealed, but nothing contained in this act shall be construed to change, alter, or repeal, or in any way interfere with,
an act passed April 15, 1858, entitled " An act to regulate the
use of wharves and slips in the city of New  York, which shall
be leased to certain steamboat lines." Nor shall steamboats,
employed in river or sound navigation, or steamboats occupying
their own wharf or wharves and slips, leased under said act, be
liable to the payment of fees under section six or any other section of this act.
SEC. 18. This act shall take effect immediately.








INDEX TO THE TITLES OF ACTS.
A.                               ATLANTICand Pacific Canal Company............   15T
ACADEMY —
ACof ADEMYs..     47 68 103                   and Pacific Railroad Company.........   156
ofMus.ic...................4... 6'51,15 0158            and Pacific Steamship Company........   171
of Mnsio.~~~~,,,, ~,,,,,,,,,,,,151, 154, 158
Navigation Company......... 163
ADMINISTRATION, letters of..............    29
AGRICULTURAL Society, NewYork State..   102   ATRATO and San Juan Transportation ComAGRICULTURAL Society, New York State....   102                   pany...............................   150
A4COCK, Richard E., estate of.............   169
AL~AIRE W~orks..~124 ~                                 pAUCTIONS, sales by....1.......  1,
ALLAIRE Works...........................   124                               33       38,46,48,51,58,82,87
ALLEN, James H., estate........   13033   38, 46  4   51   8, 82, 
ALMS-HOUSE- 
building.............................           21
school...............................   107   BARCLAY, Susan, estate of...............    156
department..........................   133   BAPTIST Historical Society...............   158
AMERICAN-                                                  BASTARDS, acts concerning............... 56, 65
Academy of Fine Arts.................   103   BATTERY, improving, &c..................    17
Atlantic Steam Navigation Company.. 116, 133   BAY, New York, jurisdiction..............    52
Bible Society................112, 117, 119   BAYARD, Nicholas, lands of................    47
Camel Company......................   157   BEEF AND PORK, acts concerning.........                         5,
Express Company, estate of............   170                  16, 17, 28, 30, 34, 37, 38, 39, 40, 46, 59,
Fur Company.........................    48                   62, 65, 88, 89, 131, 134
Geographical and Statistical Society....   156   BEEKMAN, J. C., and others, relief of.....   150
Guano Company......................   179   BEER casks, gauge of............                               97
Institute....................97, 115, 138, 164   BELLEVUE Hospital, Medical College.......   175
Seamen's Friend Society.............121, 132   BERRY, John, relief of....................    40
Society for Diffusion of Knowledge...114, 116   BIBLE SOCIETYTract Society...................... 124, 127              American................112, 117, 119, 123
APOLLO Association.......... 121  130, 139                    Baptist..............................    131
APPRENTICES and servants............... 15, 31   BOLTON, Theresa, relief of................   167
ARNOLD-           6, BOREEL, Sarah A., relief of...............   172
Robert, lands of..................   170   BOTANICAL Garden......................    51
Theresa, lands of......................   177   BOUNDARIES, County...................    84
ARSENALS-                                                  BREAD casks............................  8,10
act concerning........................60, 103   BRICK, sale of......................    11
erection of........................27,46,48   BROOKLYN, docks, &c., at..............   11,
grounds.........................               67                                  125, 129, 138, 140, 153
sale of.......................165,169   BRUNGES, Ann C., estate of...............   161
State.................................   113   BUILDINGS, regulations...................                    8,
ARTISTS' Fund Society...................   176                                       9, 12, 54, 70, 161, 169, 174
ASPINWALL Water Company..............   152   BYRNE, H., lands of..............      163
ASSAY Office, purchase of site............   161 
ASSEMBLY, members of.............. 64, 90
ASSESSMENTS-                                               CALIFORNIA Inland Steam Navigation Comact concerning......................   165                   pany.............................146, 147
certain sales for..................    98   CARPENTERS' Association................    41
collection of..........................    61   CARTER, John, lands of...................                   163
ASSESSORS of Street Department....... 149, 155   CEMETERYASSOCIATIONS, see " Societies."                                New York City Marble...............102, 127
ASSOCIATIONS, Charitable, see " Charitable Socie-              Grange...............................   119
ties."                                                 3B'nai Jeshurun................                   160
ASTOR Library, incorporated..............   142   CENTRAL America Commercial and IndusASTRONOMICAL Observatory............   170                       trial Company................  168, 170
ATHENEUM  Association..................   171   CENTURY Association....................   162




1326                                                   INDEX.
CESSION  of lands to United States......43, 45, 53   CHARITABLE SOCIETIESCHAMBER of Commerce..................   156                        Friendly Sons of St. Patrick............    91
Lying-in Women......................               91
CHARITABLE SOCIETIES —
SNew York Beneficial..................             94
Marine...............................              14         New York St. Patrick's Friendly.......    94
Relief of Poor Widows, &c., 37, 51, 88, 133,179                Hibernian Union Benevolent...........               95
Provident...................              39         Northern Dispensary..................    95
Mutual Benefit..................                39, 47         Bakers' Benefit.......................              96
Benevolent.....................                   39         New York African Clarkson............    96
Albion Benefit........................    39                 New York Union African..............                97
German...................... 39, 87          Leake & Watts Orphan House......98,123,130
Tammany.............................    40                   Education and Relief of Jews..........99, 175
New York Masons....................               43         Mutual Benevolent Society of Mechanics,   100
Ancient Britons.......................    43                 Mechanics' Benefit....................   103
Hibernian Provident................. 44, 78                  General Society of Mechanics and TradesJourneymen Shipwrights.............                44            men........................... 103125
Caledonian.....................                    i 44      New York Protestant Episcopal Mission
Mutual Aid.....................                     44           Society..........................   103
Orphan Asylum........44, 49,53, 95, 96, 102                 Journeymen Shipwright Benevolent....   103
Manumission of Slaves................    45                  New England Society..................   103
New York Missionary................ 47, 50                   Prince Street Orphan.................   105
New York Baptist Missionary..........             48         New York Methodist Mutual Benevolent,   106
Thistle.............;.......      48         Asylum  at Greenwich Village........   108
Mutual Relief.....................              48         Hibernian Provident..................   108
Friendly Harlem......................48, 49                 New York Saddlers' Benevolent.......   112
Manhattan Provident..................              50        Half-Orphan and Destitute Children....    113
Assistant Charitable..................              St. George's..........................   114
Economical School....................              50        St. David's Benefit and Benevolent.....   115
New York African...................                50        German   utual Assistance..........   115
Of Teachers............"...............     53               Association  for Benefit of Colored OrMledical...........................        58            phans...........................116,147
Female Association............... 60, 73         New Yorl Benevolent.................   117
Humane..................... 61,110, 121                     United States Mutual Benevolent Society
Ursuline Convent...................               61            of Mechanics........................   117
Literary and Philosophical............            61         Protestant Episcopal Society for promotButchers' Benevolent............. 64,99, 137                    ig religion, &c............                   117
Relief of Indigent Females.... 64, 98, 143, 173               Missionary of Methodist Church.. 118, 167, 170
New York Bible and Common Prayer-                             Spanish Benevolent...................   120
Book..............                              68         New York Hibernian Benevolent Burial,   120
New York Female Assistance..........               68         Journeymen Shipjoiners' Benevolent...   120
Catholic Benevolent................  69, 110                Watchmen's Mutual Benefit............              120
New York Typographical..............              69         Union Benevolent Italian..............   120
Young Men's Missionary...............              70        New York Female Assistance........   121
New York Benevolent................               70        Society of Brotherly Love..........               122
Religious Societies....................      72        Steam-boiler Makers' Benevolent.....   122
Baptist Education.................                72         American Bible Society.............122, 154
Evangelical Missionary................            73         St. Nicholas...........   123
United Benevolent Societies of Tailors..           73         Sons of Herman................   123
Promoting Gospel among Seamen.....                  73          ew  York  Bible and Common PrayerWesleyan Seminary...................                73           book..............................             123
French Benevolent...................                73        Shamrock Benevolent..................   124
Cartmen's Benevolent.................              74        St. George's German Benevolent.......   126
Roman Catholic Benevolent............              75        Carvers & Gilders' Benevolent.......   126
General Society  Mechanics and Trades-                        American Baptist Home Mission.......   128
men.....................75,144, 160, 173                   Johanitee German...................    129
New York Nautical Institute, &.......             76        Bickur Cholem........................   129
Religious Society of Roman Catholics..    77                 Relief of Widows, &c., of Medical Men..   129
Ancient Britons.......................             77         New  York Vaccine....................   130
New York Eye Infirmary..............               78         Odd Fellows Hall.................   130
New York African Mutual Relief......               85         Pilots' Charitable.....................          130
Carpenters' Architectural and Benevo-                          Episcopal Mission for Seamen.......  130, 156
lent Society................       89         New York Benevolent Society of OperaSt. Andrews........................                90           tive Masons........................   131
New York Athenaeum.................                90        Irish Emigrant Society,,.......    131




INDEX.                                                 1327
CHARITABLE SOCIETIES-                                     CHARITABLE SOCIETIESBaptist Bible Society..................   131              Blind Mechanics' Association..........   179
Mendelssohn Benevolent...............   131               Union Home, and School for Children of
Deutsche Kranken Verein..............   131                  Volunteers........................   179
American Seamen's Friend...........    132                 American Shipmasters'................   179
Colored Home.........................   133   CHARTER Convention.....................   135
Laborers' Union Benevolent........   133   CHEMICAL Manufacturing Company....... 79, 83
German Lutheran Missionary..........              133ES
CHURCHES —
HIamback Brothers....................   133
Support of the  piscopat..............   134                Trinity................ 3, 17, 61, 74,123, 157
Hebrew Widows and Orphan's........   134                    French...............................             3
Herman's Brothers Benevolent.......   134                  First Presbyterian.................... 19, 50
St. David's Benevolent................   135               Reformed Dutch.2029,13
Hebrew Mutual Benefit................   135                Episcopal............................    20
Prison Association....................   135     Methodist Episcopal.......... 25, 96, 108
Education of Colored Children..........   139              Second Baptist........................          36
Life-Saving Benevolent............    143                 German Lutheran.....................    69
American Female Guardian............   143               Presbyterian, in Cedar street. 50, 64, 69, 107
Mariner's Family Industrial............   143            St. George's..........................    56
People's Bathing and Washing........144, 154              German Reformed.................... 60, 79
New York Orphan Asylum:..........145,170                  St. Mrks................... 6.......  61,113
Thistle Benevolent....................   147              Grace.................................            62
Colored.Orphans'.....................   147    St Stephen's...................... 63, 80, 93
Protestant Episcopal Mutual Benefit....   147              St. Peter's....................... 66, 68, 69
Swiss Benevolent.....................   148               United German Lutheran..............    70
Ladies' Aid, Methodist Church........   148              Associate Reformed............. 71, 125,138
Asylum  for Friendless Boys..........   148               Garden street.........................    72
Destitute Children of Seamen........ 148, 163              First Baptist.........................    74
New York Juvenile Asylum..........  148, 176               Reformed Presbyterian.............. 75, 133
New York House and School of Industry,   148                Central Presbyterian..................    77
Roman Catholic Orphan Asylum........   151                  Bethel Baptist........................    77
Relief of Children of Poor Widows, &c..   151               Episcopal Theological Seminary........    78
Cordwainers' Benefit..................   152              Christ Protestant Episcopal............ 82, 83
Junior Shipwrights' Benevolent........   153                Baptist, in Fayette street..............   87
Reform of Juvenile Delinquents........   154               Seventh Presbyterian.................    93
Aged Clergymen,Episcopal Church.....   155                  St. Mary's.......................... 98,102
Marine.................            155      Education and Relief of Jews.........    99
General Protestant Sunday School Union                     French du St. Esprit..................   105
and Church Book...................   156                New South Dutch.................. 114, 122
Hebrew   Temple  Benevolent  Society                       Amity Street Baptist.................   118
Sheareth Israel.....................   158    St Luke's............................   119
Sandy Hook Pilots' Charitable........   159               Bleecker Street Presbyterian..........   123
American Woman's Educational.......    159                 Berean Baptist...................               132
Ladies' Home  Missionary, Methodist                        Hope Chapel Baptist.145
Church.........................   160                   St. Andrew's, Harlem.........                   151
Orphans' Home, Episcopal Church......   161                United German Evangelical............            151
Nursery for Children of Poor Women...   162                 PresbyterianinDanestreet.152
Sisters of Charity of St. Vincent de Paul,   163            Emanuel Congregation..............    153
Provident Fund.......................   164               Dutch, corner of Greene and Houston..   154
New York Institution for the Blind.....   170               Second Street  ethodist Church........   155
St. Joseph's Asylum..        170         LaightStreetBaptist...............56
Relief of Widows and Children of Epis-                      B'nai Jeshurun.....................   160
copal Clergymen....................   171                Reformed  Protestant  Dutch  Church,
German Lieder~k~ranz......   -..,.......   171               (Board of Publication)..............   160
Foreign Missionary, of Reformed Butch                      Bleecker Street Presbyterian..........   161
Foreign Missionary, of Reformed Dutch
Church........'....................   172               Broadway Baptist....................   163
Abyssinian Baptist....................   171
Rose Beneficent.......................    172
B'nai Jeshurun....................            172   CITIES, conferring rights................. 2 4
Hebrew Benevolent...................   173   CITY, plan of streets, &c..................    44
American Church Missionary..........   176
New York Volunteers' Burial, &c...   176   CITY HALLForeign Missions of Presbyterian Church,   177             prisoners in.........................             7
Children's Aid Society.................   178             new..................................   165




1328                                             INDEX.
CLARK-                                                  CROTONClement C.......................              69       Aqueduct Department.................  145
Daniel, relief of..................... 102, 149         Aqueduct Board salaries..............   161
CLERK of County, Bond..................          90        Water supply to State Prison..........   167
CLINTON HALL ASSOCIATION...........97, 152
COAST WRECKING COMPANY............   174                                         D
COLLECT, draining................    56   DEAF AND DUMB,Institutionfor.........73,142
COLLEGES-                                               DEAN, Israel, relief of...................    98
DEBTORS, absconding...............   13, 32
act concerning........................    58 DEBTSrecovery of....15,18,
DEBTS, recovery of....15, 18, 21, 24, 31, 35, 47, 57
Columbia..................23, 51, 53, 71,151   DECOURALCountreliefof.......                            95
DE COURVAL, Count, relief of.93.
of Physicians and Surgeons........67, 78, 172
of Pharmacy...............100, 102, 117, 160   DEEDSCOLLEGIATE INSTITUTE..................   149                Recording of......................   52; 53
COMMERCIAL and Industrial Company, of                        Commissioners of.....................   140
North America................. 168, 170   DEFENSE of State....................46, 47
COMMrvON COUNCILTTM7T-                                        n       HdC a onDELAWARE and Hudson Coal Company.....   81
DE PEYSTER, John, relief of..............    98
powers of........................ 42, 44, 56   DISORDERLYPersons.....................    17
Clerk of................    44
organization.........................83, 94   DISPENSARIEStestimony.........................   157               Act concerning......... 123, 134, 136, 141, 166
relief of members for 1857........    166                Eastern.............................102, 146
~~~~~~CONGRESS-      ~New York............................    21
Northern.............................95, 146
members of......19, 24, 32, 36, 38, 47, 55,179
meers of....... 9,24,32,36,.       DISTILLED SPIRITS, inspection............    74
Steam Sugr Refinery.................    99   DISTRICT ATTORNEY, act concerning...... 57, 81
CONSTABLES, acts concerning.........7, 8, 173   DOBBIN,James,etate o........         134
CONVENT, Ursuline.......    61........
CONVENT, Ursuline..................   61 DOCK COMPANY, New York and Brooklyn
CONVICTS, employment of................    48     Railay                                        94
COOPER INSTITUTE....................161, 162   DOCKS, relations18
DOCKS, regulations.......................    is
CORN EXCHANGE, New York...........152, 176   DG  t   o
CORN ECANGE  New York........... 15216   DOGS, tax on.............................    11
CORONER, act concerning................    112   DOWN Town Association...............   174
CORPORATION-...............DRAWBRIDGES in Westchester County.....   152
lands of........................   105, 118   DRY Dock Company, New York.......99, 106, 152
release to.............................   114
release to.........        114   DUBOIS, Cornelius, relief of................   121
COUNTIES, division of..................16, 34, 58                                                          158
DUNTON, G. L., relief of..................   158
COUNTY CLERK'S OFFICE................   58
COUNTY CLER S OFFICE................  8   DUTIES Weigh-house.....................               2
COURTS-                                                  DYCKMAN LIBRARY.....................   173
Assistant Justices..............   74, 76, 134
Chancery.........35, 38,55, 58, 96,117,122                                    E.
Circuit...............   29, 35,38,43,57,132   EAGLECommissioners.......................    25              Fire Company.....................42, 52, 64
Common Pleas...18, 24, 33, 38, 70, 76, 93,128            Manufacturing Company...............    67
Criminal....................22, 25,122, 128   EASTERN Collegiate Institute..............   132
First District.........................   153   ECLECTIC Association..............   175
General Sessions.....18, 24, 31, 32, 33, 38,168  ELECTIONS..............................    10,
Justices...                                   14,          14, 23, 28, 30, 32, 34, 38, 42, 43, 64, 65, 78,
38, 42, 44, 46, 59, 71, 93, 141,147, 151          79, 79, 81, 84,104, 105,120,120,122,123,150
Marine...............................   144   ELECTRO Magnetic Company...............   119
Mayors...............................    59   EVIDENCE, affidavits......................               6
Oyer and Terminer..................  16, 45   EXCELSIOR Medical College.......165,167
Police........107,116, 141,147, 153,158,162   EXCHANGE Company of New York.1......   178
of Probate..............28, 33, 36, 57, 65,70   EXCISE laws..........16, 35, 37, 56, 70, 83, 87, 93
Sittings........................55, 57, 60, 67   EXECUTIONS, sales by.................   108
Special Sessions......................   168   EYE Infirmary...........78, 84, 106,113,126,134
Superior..........   139
Supreme...13, 23, 27, 30, 32, 52, 54, 56, 64, 93
Twenty Pound, removal..............            3   FARMERS' Loan and Trust Company, lands of   145
CRANE, Jacob, relief of................   108   FEMALE Academy of the Sacred Heart.....   149
CRIMES, act concerning..............    5,46,49, 56   FENCES, regulations......................             6
CRIMINALS-                                               FERRY-.
apprehension of...................    26             to Long Island................17, 33, 51, 55
property of..........................   158              the New York and Jersey Company.....    61




INDEX.                                               1329
FERRY-.
Williamsburgh Company...............    83
HAGGERTY, Darby, relief of...........               132
to Brookhaven, L. I...................   164
t Brookhaven ~L6    HAMLIN University, estate of.............   160
FIRES-                                                   HARBOR Jurisdiction.............          52
extinguishment of.......                  4,7,14         deepening............................   106
prevention of.........................         8        encroachments..................... 160, 161
9, 12, 14, 18, 21, 23, 25, 33, 54, 65, 78, 80,91,  HARBOR MASTERS.....   34, 139, 144, 148, 174
97, 98, 106,124, 143, 145, 155, 160               HARLEM, division line...............    11, 12
FIRE limits, extension...............99, 105, 106           common lands........................    75
FIREMEN —                                                     school.......................... 92, 106
Literary and Scientific Academy.......    96
incorporation of.................light Company                                                         171
Gas-light Company...................   171
regulations Of............ 9, 18, 50,177
regulationsof....,            Stage and Ferry Company.......... 174,178
as an Insurance Company.............    64                     bridges11516
River bridges                         11, 51; 16i
FISH, inspection of..................44, 46, 48, 59...............
FISHING in Hudson River..................    49             canal               91 
canal........... 91, 93, 94, 96, 98, 111, 116
FISH OILS, inspection....................    69
HATFIELD, Eliza.                                    69
FIVE POINTS House of Industry.             15.......... 159
FLAX) inspection.........................    10
FLAX, inspection.............     10        13, 20, 22, 24, 25, 26, 27, 28, 30, 31, 33, 38, 38,
FLAX SEED-                                                   39, 41, 41, 59, 63, 75, 80, 80, 126
exportation.................. 16, 32   HERMITAGE Association................ 174, 177
inspection......................  78, 86  HIDES and Skins, inspection............   103
FLOATING Docks, use of..................   168   HIGH School Society.....................   103
FLOUR and Meal, inspection...............   10,  HISTORICAL Society, New York............  48,
12,13, 16, 29, 30, 34, 45, 48, 58, 77                                        50, 89, 134,161
FORFEITURES, act concerning.............             3   HOGAN, Michael, land of.................    50
FORT GEORGE, act concerning............    17  HOLMES, S. E., claims of..................   164
FOWLER, David A., payments to...........   166  HOLTHUYSEN, Thomas, estate of..........   141
~FRANKLIN~~- HOMIEOPATHIC Medical College........   173
HOOK Benjamin, name of.........       145
Association...........................        122            inspection o72
Manufacturing Company                          85HOPS, inspection ofm.......................    72
Mfanufacturing   Company.          85  hORE  acig. 85
FRANKLINITE Company..................   147   HORTICULTURALSociety....... 
HORTICULTURAL Society, New York.......    77
FRAUDS, prevention of....................            8
FREDERICKS, George, relief of............    76           OSPIT
FRENCH REFUGEES, support of...........    23                  New York............................   10,
FULTON Steamboat Company.............    66                    19, 21, 23, 29, 31, 39, 41, 51, 51, 67, 94, 99,
FUR Company of New York..............    94                     117,120, 121, 124, 133
St. Luke's...................... 147,156, 160
G.                                  Consumption..........................   159
Jews................................       165
GAME, preservation of..................    18, 71    State, Woman's................. 166,166,168
GARDINER, John, devisees of.............   119               German..............................   176
relief of..............................  122   HUDSON River railroad...................   146
GAS-LIGHT COMPANY-                                       HUNTING Regulations....................             8
American.........................    91  HYGIEOTherapeutic College..............   164
Harlem..............................   171
Manhattan...............   97, 138, 150, 159                                 I.
Metropolitan........................   159  IDLEY,  Eliz., estate of.....................   100
New York..................... 80, 113,159   INDUSTRIAL Exhibition............ 150,152,156
GOODS, damaged..  7
GOODS,  damaged......................    7 INSOLVENCY, acts concerning............. 34, 57
GOODWIN, Ann, relief of..................   159  INSOLVENT Laws......................    39
GOVERNMENT House, lands.............                61  INDIA RUBBER Company, New York......   107
GRAHAM, Thomas, estates of..............   127  INSURANCE, Marine, act concerning.......    9
GRAIN, standard weight.................    58
measuring o10   INSURANCE COMPANIESmeasuring of.........................   105
GRANGE Cemetery....................   119                   act concerning................ 68, 76
GREAT SOUTH Bay Steam Navigation Co...   167                 relief of certain............   108,112, 120
GREBENSTEM, Henrietta, estate of........   165               certain insolvent...................114, 116
GREENWICH village, relief for.............   108             insolvent............................122,125
asylum  at..1.......0.....                  108        generalact...........................   158
GROCERS Steam Sugar Refining Company..   155   INSURANCE COMPANYGUNPOWDER, storing.................... 11,17                Marine Mutual..............   161
84




1330                                                       INDEX.
INSURANCE COMPANY-                                                  INSURANCE COMPANYUnited States.........26, 39, 82,112,121, 136                      Guardian.........104, 115,136,137,109,140
New  York....27, 30, 47, 70,101, 114,135, 138                       Union...............................104,114
Washington Mutual....................    36                         New York Bowery....................    104
Marine...........................   36, 62                         East River........................    104,
Commercial..............40, 53,101,127,154                                106, 121,127, 136,137,140, 149,153, 169
Phcenix..........  48, 53, 61, 66, 80, 100, 109                    City................................. 104,114
Mutual..........50, 66, 109, 110,122, 136, 177                    Washington Marine.........104, 105, 123, 126
American..........56, 62, 68, 82, 88,101,124                        Greenwich...........................    106
Washington..................61, 66,119,172                        Sea.................................106,121
Firemen's....................64, 88, 110,126                       Globe..................                   108,113, 116
United................                                64          Renovative.........................    108
National............................ 65, 66                       Eagle...............................109, 136
Pacific.............................65, 66,92                       Indemnity......................                       109
Franklin....................69, 71,107,108                         Fifth Ward.....................109, 113
N. Y  Firemen's..........               69, 76, 136,137             Atlas Marine.....................  109, 118
Unio.......................      69          New York Guardian...................    109
Mercantile..............   70                                      Northern.........109,116
Fulton......72, 76, 122, 165                                       Hamilton............................    109
Merchants'.....................72,135, 137                         Eighth Ward...............109, 112, 113,118
Mechanics'...............72, 94                                   Merchants' Marine...............110,116, 122
Manhattan........................76, 136, 137                      Alliance............................110,114
North River........................77, 107                         Columbian.....................111, 112,118
Farmers' Fire Insurance and Loan.. 77, 79, 150                      Canal................................    111
New York Mechanics'................. 77, 80                        Triton.............................. 115, 125
New York Contributionship...........78, 132                        Hamilton Marine......................    115
Chatham.............................. 78, 84                      Seventeenth Ward............... 115, 124
New York  Equitable..........81, 91, 137, 139                      Mutual Safety.....................116,128
New  York Atlantic....................                 82          Ocean......... 116, 118, 158, 171
Jefferson.................82, 85, 95, 105, 136                     Girard............................    117
Sun..................................82, 97                        Emmet...............................    117
Etna.............................82, 85, 177                       Metropolitan........................119,152
Greenwich............... 83, 85           Seventh Ward........................    119
Mohawk........................          83          Chelsea...............................    119
Protection............................                 83          Palladium.......................119, 122
Contributionship.................                      83          Trust..................121, 127, 142
Niagara..............................                  83          Nautilus....................124,129, 143
Traders'.............................85,104                        Sun Mutual.................124,125,130,169
Howard.....................                    85,135            Mutual Protection....................    124
Tradesmen's......................                      85         Householders' Mutual............124,126,129
Canal......................                     85,95            General Mutual......................124,125
New York City.....................      85          Atlantic Mutual................126,157,158
New  York State Marine........          86, 100, 111            Mercantile Mutual.............   126,159
Atlas..........86,115                                              Mutual Life Insurance............126,147
Lafayette..............86, 87, 89                  New  York Mutual.....................    127
Hudson..................            86,115,122,129                American  Mutual.....................   128
Madison Marine...................                       86         Pelican...............................    128
Neptune....................          86         Croton................................   128
North American..........90, 91, 133,135,151                       Atlas   utual..........................  128
Hope...90,174                                                Alliance Mutual.......................   128
Madison Marine...................           90          Merchants' Mutual....................   128
Neptune.........................                      91          Astor Mutual....................129,141
Atlantic..................4,117                                    Union Mutual...............                    134,139
National....................96, 127,136,144                        Commercial Mutual........                              154
New   York  Life  Insurance  and  Trust                             Lafarge................................    162
Company.......                98,106           Market..........................162,171
Jackson Marine..........99, 102, 111, 120, 128                      Republic.......................... 163,177
Clinton................                  100,101,103             Income...............................    168
American Manufacturers Mutual........    100                        Harmony.............................    168
Palladium...................1........    101                      rving...............................    169
Good Hope............................    102                       Arctic................................    170
Neptune Bell Marine................... 102         Anchor..............................    172
North-Western....................... 102,160                      Lorillard..........................   172




INDEX.                                              1331
INSURANCE COMPANY-                                       MARINETransit Life...........................   173           Hospital.......................40, 62, 83, 95
Homestead...........................   173              Society..................... 14, 155
Great Western......................    175   MARKETS................................2,110
Knickerbocker Life....................   177  MARSHALS, act concerning..........                     103
Mutual Life..........................   177         ASONICExcelsior...........................   178
Guardian Life.........................   178             lodges, real estate of.................        87
Hall Association...                           109
Harmony Fire and Marine............. 180
IRISH Emigrant Society...................   131             library....................
ISLAND    ie  Barn...................
ISLANDS in harbor &c..........                    29   MASQUERADES, prevention of.............   169
ISLAND, Great Barrn.................                McCALL, Rebecca, lands of.                        173
McCARTY, Eliza, relief of..................   11
J.                             McCORMICK, Daniel, estate of.............    54
McGAFFAGAN, James, heirs of..........   167
JAILS, acts concerning......18, 33, 42, 49, 57, 87   McSPEION & Baker, claim of.............   164
JEANRENAUD, L. G., relief of............   177   MEASURES, State standard...............47, 48
JOHNSON-  MECHANICSJabez, relief of...................          27        and Tradesmen, Society...............    19
Samuel C., relief of....................   117          Institute...........................   104
JONES-                                                       liens................................131, 133
MEDICAL societies...................               58
William, heirs of......................    96.......    170
Catherine, heirsof..................          127
Catherine, heirs of.,,,,,,,,,,,,,,,,.    127   MEDICINE, Preparatory School of.........   170
JUDGMENTS, dockets of..................   107   MERCHANTS'JURORS, acts concerning..................        20,       Exchange Company..........79,138, 146, 149
22, 32, 56, 86, 91, 93, 125, 141         and Clerks' Library...................   157
JUVENILE Delinquents...................   141              and Publishers' Advertising Company..   157
METHODIST Book Concern..............   113
METROPOLITAN Medical College..........162,177
KANE Monument Association..............   169   MEXICAN Ocean Mail and Inland Company.   149
KIP, Jacobus, lands of....................    1214,
MILITIA..........    14,
21, 28, 43, 49, 71, 73, 81, 84, 88, 107, 121,
-~ ^'L..... 125, 131, 135, 136, 139, 159,175
LADIES' Repository......................   153
LAMPS, injuring..........................            6
LANDS, Corporation................66, 67, 71, 92            claims...............................   141
L'ANGLOIS, relief of......................    98             stores................................    60
LAVILLE, Joseph, lands of................   177   MILK, Pure, Company....................   166
LAW-                                                    MINISTRY, settling...................          2, 3, 9
MISSION   Society, New  York  Protestant
College, New York..    166
CollegeNewYork............ 166             Episcopal...........................   103
Institute, New York...................    97   MORAN  John will of                                    152
I NIORAN, John, will of..                         152
LAZARETTO, erection ofM, ef.................. 175
LEATHER........................           10, 13, 39   MURRAY  Peter relief of....                        172
LEGISLATURE, members of....18 22 36                                                                      128
LIBRARY, New York Society..17, 36.YERS,  a, k         o..
LISPENARD'S meadows...................    56 
LITERATURE, encouragement of..........  34, 3
LIVINGSTON, Philip P., lands of.......    79   NATIONAL Academy of Design............94, 164
LOANERS' Association.176   NEPTUNE Ocean Steamship Company......   141
LOANoERS' Associationg..................   176
LOAN offices, act concerning..........    709  NEVERSINK Steamboat Company..........   168
NELA GLND Societyc                n..................... 103
LOMBARD Association.................... 83 85   NEW  ENGLAND Society................... 103
NEW  GRENADA Canal and Steamboat ComLONG ISLAND Steamboat Company........   172
LONGBOTHA, H.,nameof...............    99                      pany..............................   157
LORD, Daniel, lands of...................   171  NEW  YORKLOTTERIES, act concerning.. 31, 61, 62, 73, 74, 94           Manufacturing Society................          17
LUMBER, inspection of...16, 17, 32, 40, 43, 88, 113          Historical Society..........48, 50, 79, 134, 161
LYCEUM of Natural History...............    70              Sugar Refining Company...............    52
Marble Company......................    56
~M~........reducing laws relating to..............    59
MAGAZINE, erection of................... 44, 45             Coal Company.....................62, 83,102
MANHATTAN Steamship Company.........   149                 Patent Oil Company...................    63
MANHATTANVILLE Free School..........92,145                   Manufacturing Company..............          67




1332                                              INDEX.
NEW YORK-                                                NEW YORKSociety of St. John...................    68            Corn Exchange........................   152
Society Library..........72,117,123, 125, 127           ArtHall Association...................   152
Mechanic and Scientific Institute........    77         and New Rochelle Railroad Company...   156
Horticultural Society...................    77          and Philadelphia Steam Navigation Comand Schuylkill Coal Company...........    80              pany...............................   160
and Sharon Coal Company..............    81             College of Veterinary Surgeons........163, 178
Dyeing and Printing Establishment.....    82             Warehousing Company................   163
Slate Company...................               85        Towing and Wrecking Company........   164
Loan Company................    86         Harmonic Society.....................   165
Dry Dock Company.....85, 89, 97, 99, 152, 157           Harbor Steam  Towing Company.......   166
Laboratory Company..................    86              Pure Milk Company...................   166
White Lead Works....................    87              Law College..........................   166
Mount Hope Loan Company............    88                Pneumatic Power Company............   167
Crown and Cylinder Glass Company....    88               City Library Association..............   174
Crown Glass Manufacturing Company...    89               Volunteers Burial and Monument AssoAtheneum...........................            90         ciation.............................  176
and Harlem Spring Water Company.....    91               Commercial Association...............   178
laws relating to.......................    92           Warehouse and Security Company......   180
certain lands of.....................    92  NIAGARA River Hydraulic Company.....   101
South American Steamboat Association.    93   NORTH AMERICANrelease to, of land.....................    94           Coal Company..................62, 101, 109
and Brooklyn Railway Dock Company...    94               Mining Company......................   100
and Boston Steamboat Company........    95              Steam Navigation Company............   119
Law Institute.........................    97  NORTH River Steamboat Company.........    74
Sugar Refining Company...............    98  NOTARIES Public, number of..............   154
Whaling Company.....................    99   NUISANCES, removal......................                   6
Hydrotic Company...................   100
and Harlem Railroad Company.........  100,  O.
101, 107, 111, 112,118, 121,134,135,140,142,           Stea     p C
143 150 152 158                                        Steamship   Company..................    72
Steam Packet Company,,.,    119
and Erie Railroad Company............  101,
Steam Navigation Company...........   135
103,1 8, 110,121, 126, 129,130, 132, 134,
135137 9,163172,175,177               ODD FELLOWS' Hall..................      130
135, 137, 139, 163, 172, 175, 177
and Albany Railroad Com101             OFFENDERS, apprehension................    33
a~ndAlbany  Railroa d Company.........  101,
104,110,113,116,118, 126,135, 137, 139,144   OFFICERSTypographical Society.................   101            payment of..............53  63, 79, 80, 83, 97
Marble Cemetery.............102, 127         appointment of certain................    81
State Agricultural Society..............   102   OILS, Fish, inspection.....................            69
Marine Dry Dock Company.............   106   OPHTHALMIC Dispensary................   114
India Rubber Company................   107   ORANGE County Milk Association..........   173
Portable Gas Company................   109   ORINOCO Steam Navigation Company......   139
Hydrostatic Dock'Company............   111
Silk Company..........................   111   PACI
Statistical Society..................  111, 118
Ophthalmic Dispensary................ 114                MailSteamshipCompay.........     153, 16
and Montgomery Mining Company.....   115                           p164
Museum of Natural History, &c.......    117   PAINTS Manufacturing Company..........                  49
Poudrette Company...................   120   PANAMABible and Common Prayer Book Society,                    Railroad Company......... 143, 159
123, 129        Water Stock Company.................   152
Dyeing and Printing Society............   128   PARK in Nineteenth Ward..........149,155,156
Floating Dry Dock Company..........129,142   PASSENGERS, act concerning.............   146
and Savannah Steamship Company....   142   PAWNBROKERS' regulations.4...........                      49
and Havre Steam  Navigation Company,  143   PEDLARS' license......................... 4,13
Chemical Manufacturing Company......   144  PEOPLE'S Loan and Relief Company......168, 170
and Liverpool United States Mail Steam-              PHYSICIANS' regulations............... 7, 19, 24
ship Company.................               144   PILOTS, acts concerning...................    2,
Medical College......................145,149              4, 6, 8, 23, 30, 59, 61, 63, 66, 68, 71, 99, 101,
and Virginia Steamship Company....146, 153               132,175
Gallery of Fine Arts..................   147   POLICE,Academy of Medicine.................   148               acts concerning.......................    53
Exchange Company..................   150                            55,144, 146,151, 152, 153, 165, 168
Academy of Music..............151, 154, 158             Justices.............................   158




INDEX.                                                 1333
POOR, support of...16, 25, 26, 27, 35, 39, 47, 49, 57   SCHERMERHORN, Peter, estate of........                    91
PORK-see BEEF and PORK.                                         W. G., and others....................   150
PORT-                                                      SCHOOLSregulations...................   22,.            Public..............................            22,
30,34, 36, 40, 41, 45, 99, 106, 130, 167, 179            24, 35, 40, 42,43, 48, 50, 51, 52, 54, 60, 60,
PORT Wardens.................... 53, 54, 99,130                  68, 72, 79, 84, 89, 92, 92, 92, 93, 103, 105,
POST OFFICE, lands for............                 175           126,130, 130, 132, 137, 138, 138, 140, 140,
POTASH AND PEARLASH...............                    8,          140, 140, 144, 165, 167
12, 13,17, 35, 37, 59, 78, 86, 94         Episcopal Charity........ 41, 44, 93, 97, 170
PRISON, solitary confinement.............            36        St. Peter's Church....................    41
association...................                 135        Economical.........................    50
PROTESTS, service of..................                88       New York High............             85,89,103
PUBLIC Administrator............. 7, 95         Harlem................          106
PUBLIC PROPERTY, sale of................    54   SCORSUR, Juan, estate of...............                        12
SCOTT Life Guard.........................   175
Q.                              SCREW  Dock Company, Incorporation......    95
QUARANTINE, acts concerning............   72,  SCRYMGEOR, James, estate of............   156
75,110,119, 136   SEAMENQUERCITRON, bark.......................   121                  sick and disabled............. 101, 146
fund and retreat...............  104,
R.                                      112, 108, 127, 131, 141, 168
RAILROADS-                                                      Friend Society........................   104
New York and Harlem...............  100,  SENATORIAL Districts...................    65
101, 107, 111, 112, 118, 121, 134, 135, 140,  SHEIRIFFS, act respecting........ 25, 31, 57, 92
142, 143, 152,158                                   SHIPS or Vessels, arrest of................    67
New York and Albany................  101,  SHIPLEY, Hannah, relief of...............    39
104,110,113, 116, 118, 126,135, 137, 139,144   SLATE Company, New York.............. 50, 51
New  York and Erie...................  101,  SLAVES, gcts respecting.............. 4, 45, 105
103, 108, 110, 121, 126, 129, 130, 132, 134,  SOCIETIES135,137, 139, 163, 172, 175, 177                         Marine.............................              14
to Lake Erie.............. 106, ]09,116                   Relief of Poor Widows.... 37, 51, 88,133, 179
Hudson River.........................   146                Tammany............................    40
New York and New Rochelle...........   156                  New York Masons....................    43
Atlantic and Pacific...................   156               Provident..............                          39
Staten Island..........................   162              Mutual Benefit....................... 39, 47
READE, Charles, relief...................    74         Benevolent...................           39
RECEIVER of Taxes......           157, 163         Albion Benefit...........    39
RECORDER, powers of...........                    32, 47        German................    39
REGISTER, actsconcerning.52, 54, 62, 75, 97, 105                Ancient Britons......................    43
REID, Jane, relief of..............    90                 Hibernian Provident................44, 78
RELIGIOUS Societies.................                  72        Journeymen Shipwrights'.............    44
RENT, distress for.................... 64, 71, 75               Caledonia.......................    44
~~~~~~ROADS~-~~ Mutual Aid..............    44
Orphan Asylum........ 44, 49, 53, 95, 96, 102
Kingsbridge...........   3, 5...Manumission of Slaves................    45
Bloomingdale.6......New York Missionary................47, 50
public............................. 8,11 15               NewYork          Missionary.........  40
public........~~~   ~~~~~~~~~~~~~~~~ 8, 11, 15. New York Baptist Missionary.........    48'ROYCRAFT, Thomas S.....................   124
Thistle...........................   48
RUTGER'S Female Institute................   115                Mutual Relief......48
RUTHERFORD, Stuyvesant................   139                   Friendly,Harlem48,49
Friendly, Harlem.................... 48, 49
Manhattan Provident.................    50
S.                                   Assistant Charitable..................    50
SADDLE Horse Club...................... 174                    Economical School......                           50
SAILOR'S Snug Harbor........40,New York African................     50
SANKSTON, Margaret S., relief of...                164         Of Teachers.....................            53,70
Medical...........................             58
SAVINGS INSTITUTE -
BS~AVINGS~ ~INSTTIUTE-                         Female Association..................  60, 73
Merchants' Clerks.....................   142               Humane....................              61,110,121
Dry Dock.............................   142  Ursuline Convent....................    61
Knickerbocker........................   147               Literary and Philosophical............    62
Broadway............................   148                Butchers' Benevolent.........          64,99,137
Irving................................   148               For Relief of Aged and Indigent FeMariners.............................   156                 males.............   64, 98,143,173




1334                                              INDEX.
SOCIETIES-                                               SOCIETIESEE
New  York Bible and Common Prayer                        Protestant Episcopal Society for promotBook...............................    68               ing religion, &c.....................   117
New York Female Assistance..........    68              Missionary of Methodist Church..118, 167, 170
Catholic Benevolent................. 69, 110            Spanish Benevolent Society............   120
New York Typographical..............    69              New York Hibernian Benevolent Burial,  120
Young Men's Missionary..............          70        Journeymen Shipjoiners' Benevolent....   120
New York Benevolent.................    70              Watchmen's Mutual Benefit............   120
Religious Societies....................    72           Union Benevolent Italian.............        120
Baptist Education.....................    72            New York Female Assistance..........   121
Evangelical Missionary................    73            Society of Brotherly Love.............   122
United Benevolent Society of Tailors...    73           Steam Boiler-makers' Benevolent.......   123
Promoting Gospel among Seamen.......    73              American Bible Society......... 123, 151, 162
Wesleyan Seminary...................    73              St. Nicholas Society...................    123
French Benevolent....................    73             Sons of Herman......................   123
Cartmen's Benevolent.................         74        New  York Bible and Common Prayer
Roman Catholic Benevolent............... 75               Book...........................   123
General Society of Mechanics and Trades-                 Shamrock Benevolent.................   124
men...................    75, 144, 160, 173           St. George's German Benevolent........   126
New York Nautical Institute, &c.......         76        Carvers and Gilders' Benevolent........   126
Religious Society of Roman Catholics..         77        American Baptist Home Mission........   128
Ancient Britons' Benevolent Society.. 77, 132           Johanitee German.....................   129
New York Horticultural...............    77             Bickur Cholem........................   129
New York Mechanic and Scientific......    77            for Relief of Widows of Medical Men..    129
New York Eye Infirmary.............            78        New York Vaccine....................   130
New York African Mutual Relief...... 85,120              Pilots' Charitable.....................   130
New York Athenaeum................    90               Odd Fellows Hall......................   130
Carpenters' Architectural and Benevo-                    Episcopal Missionary, for Seamen.... 130, 156
lent Society........................       90        New York Benevolent Society of OperaSt. Andrew's.........................    90               tive Masons.........................   131
Friendly Sons of St. Patrick...........    91           Irish Emigrant Society....;...........   131
New York Female Asylum  for Lying-in                     Baptist Bible Society..................   131
Women............................    91               Mendelssohn Benevolent...............   131
New York Beneficial..................    94             American Seamen's Friend.............   132
New York St. Patrick's Friendly.......    94             Colored Home.........................   133
Hibernian Union Benevolent...........    95             Laborers' Union Benevolent...........   133
Bakers' Benefit..........    96         German Lutheran Missionary...........   133
New York African Clarkson............    96             Hamback Brothers....................   133
New York Union African..............    97             Support of the Episcopate.............   134
Clinton Hall Association...............    97           Hebrew Widows and Orphans'..........   134
Leake and Watts Orphan House... 98,123,130               Herman Brothers' Benevolent..........   134
Mutual Benevolent Societyof Mechanics,   100             St. David's Benevolent................   135
Mechanics' Benefit................    103               Hebrew Mutual Benefit................   135
General Society of Mechanics and Trades-                 Prison Association....................   135
men.......................... 103, 125              Education of Colored Children..........   139
New York Protestant Episcopal Mission,  103             Life Savings Benevolent...............143, 146
JourneymenShipwrights' Benevolent...   103               American Female Guardian...........143, 147
NewEngland Society..................         103        Mariners' Family Industrial............   143
Mechanics' Institute..................   104            People's Bathing and Washing........144, 154
Prince Street Orphan.................   105             Thistle Benevolent......    147
New York Methodist Mutual Benevolent,  106               Protestant Episcopal Mutual Benefit... 147, 159
Asylum at Greenwich village..........   108              Swiss Benevolent......................   148
Hibernian Provident................   108               Ladies' Aid Methodist Church..........   148
New York Saddlers' Benevolent........   112              Asylum for Friendless Boys............   148
Half Orphan and Destitute Children....   113             Destitute Children of Seamen........148, 163
St. George's..........................   114           New York Juvenile Asylum.........148, 155
St. David's Benefit and Benevolent.....   115            New  York House and School of IndusGerman Mutual Assistance............   115                try...............................   148
Association for Benefit of Colored Or-                   Exhibition of Industry..........149,152,156
phans..............................   116              Roman Catholic Orphan Asylum........   151
New York Benevolent.................   117               Relief of Children of Poor Widows and
United States Mutual Benevolent Society                    Widowers..........................   151
of Mechanics.......................   117            Cordwainers' Benefit..................   152




INDEX.                                                 1335
SOCIETIES-                                                 STUYVESANTJunior Shipwright Benevolent..........   153              Petrus, devisees of....................    67
Reformation of Juvenile Delinquents....   154              Peter, estate of.......................    74
Aged Clergymen Episcopal Church......   155                Institute............................   111
Marine...............................   155               Rutherford, estate....................   142
General Protestant Sunday School Union,                SUBMARINE&c.................................   157
Armor Company.....................   114
Hebrew   Female  Benevolent Society,                        ArmorCompany114
Shearith Israel....................          158        Telegraph Company. 185 rele                      1
Sandy Hook Pilots' Charitable...........           gURROGATE'SCourts                                 5765
Sandy Hook Pilots' Charitable..........   159   SUPERVISORS of 1857, relief of............   166
American Woman's Educational.......            159   SURROGATE'S                                        57 65
Ladies' Home Mission Methodist Church,   160   SWINE running at large...................                      4
Orphans' Home Episcopal Church.....161, 1666
Nursery for Children of Poor Women...   162 
Century Association..................   162   TAMMANY Society......................    40
Sisters of Charity of St. Vincent de Paul,   163   TAXESProvident Fund......................164,167
New York Institute for the Blind.......   170               collection of.........................           4,
St. Joseph's Asylum.................   170                   9,15,17, 28, 35, 46, 59, 81, 85, 98,115,118,
Relief of Widows and Children of Epis-                        126,127, 131, 141, 148
copal Clergymen....................   171                Poor, assessing....................4, 5 6, 11
German Liederkranz..................   171                raising............................    11,
Foreign  Missions of Reformed  Dutch                          12, 19, 20, 22, 25, 29, 29, 37, 38, 40, 43, 45,
Chrch........                               172           48, 51, 52, 54, 60, 65, 66, 70, 72, 74, 77, 80,
Rose Beneficent......................   172                 82, 88, 92, 96, 98, 100, 104, 105, 110, 112,
B'nai Jeshurun.......................   172                  114, 117, 120, 124, 125, 129, 131, 132,134,
Hebrew Benevolent........13......8....    173                 138, 141, 142, 143, 145, 148, 150, 153, 155,
Down Town Association................    174                 156,  158, 161, 162, 166, 168, 171, 174, 176,
Hermitage Association................ 174                    179 179
American Church Missionary...........   176   TAYLOR, William H., will of..............   144
Artists' Fund..........................  176   TELEGRAPH COMPANYNew York Volunteers' Burial, &c.......   176                Submarine..135
New York Juvenile Asylum............   176                  New York and Offng......        137
Foreign Missions of Presbyterian Church,   177   THEOLOGICALSeminary..78
Childrens' Aid Society.................   178   THOPSON,James, relief of..........   112
Blind Mechanics' Association...........   179
Union Home and School for Children of                  THORNVolunteers.................   179           W. J. & T. T., change of name........    96
American Shipmasters'................   179               Edward, estate of.....................           100
SOLE leather, inspection..........82, 84, 103, 124   TIMPSON, Edward, and others...........   167
SOUTHPACIFIC American Mail Steamship                       TOBACCO Leaf, inspection.............    95
Company......................   171   TONNELE, John, estate of..............   174
SOUTH WESTERN Mining and Land Company  173 
TOWNS —
STATE PRISON, acts concerning............    22,
25, 26, 27, 34, 36, 54, 75, 75, 77, 79, 84, 85,          divisionof............................    16
89,90                                                    duties and privileges.................. 33, 58
STAVES and Heading, culling of..1 6, 31, 59, 68, 79   TRACY, Michael, contract..................   178
TRESPASSES, punishment for..............    60
STEAM-                                                     TRUST Company, United States............    153
Saw-Mill Association..................    86   TURNVEREIN, incorporated...............   162
Saw-Mills of wood.....................   149   TYPOGRAPHICAL Society.................   101
STEUBEN Monument Association..........   174
STEWART, Reine, relief of.................    85                                      U.
UNIONSTREETS-                                                        Theological Seminary..................   117
regulating..........2,15, 27, 34, 52, 53, 80        Steam  VesselCompany................   150
laying out..........................   44, 63
opening, &.......................... 55, 66   UNITED STATESLombard Association..................    86
STREETTrust Company.......................   153
John................................    20               Mail Steamship Company..............   145
Bancker...........................    21   UNIVERSITY, acts concerning.............   58,
Harman..............................    73,  112,122,131,143
Canal............................... 49, 51   URSULINE CONVENT.....................    61




1336                                          INDEX.
y.                           WATKINS, Joseph, devisees..............    74
WATT, James, Jr., lands of................   171
VAGRANTS, regulations.............              7  WEBB, Jemima, relief of.................    169
VEHICLES, use in streets..................    25  WEIGHTS and measures.......34, 57,76, 108, 111
VERPLANK, Samuel, lands of..............    12  WELLS and pumps, construction, &c......    5,
VERPLANCK, D. C., real estate..........    92                                                6, 8, 9,14
VESSELS, act concerning.................    63  WESLYAN Seminary................                      73
VESTRYMEN, choosing....................         5
VESTRYMEN, choosing........WHARFAGE, rates, 8&c..                                  5, 9, 10
VETERANS, National Guard...............- 175  WHARVES, acts concerning..............   18,
VOLUNTEERS, Mexican, relief of..........   149                                     27, 33, 75, 163, 180
VYSE, Wm., devisees of..................   133  WHITE, Mary Jane, estate of..............   151
WINDOWS, breaking of.........10, 12, 15
yV^......WOMAN'S Library.....................    170'~~~T...WOOD, Fernando, relief of                                 142
WARDS, boundaries......... 11, 18, 37, 45, 87,154
WARNER, Ann............................    69                               Y.
WASHINGTON Monument Association......    129,  YORKVILLE132,137,142        School...............................92, 143
WATER, supply of..............28, 85, 91, 99            Library...............   161
WATERS, jurisdiction....................    52  YOUATT Lyceum.......................167,172




INDEX  TO THE LAWS AND CHARTERS.
A.                         ALDERMENABANDONING  FAMILY, provis-                          where to meet............'269
ions respecting............   607            quorum....................   269
President, how appointed.....    269
ACADEMY,                                      I      officers, how  appointed.......   269
Free, may be. continued by Board                  to be judges of qualifications of
of Education..............   485               its niembers...............   269
who may enter..............   487               to make its own rules........   269
supervision of, under Board of                  to keep a journal of proceedEducation................   487                ings......................   269
Committee of Board of Educa-                    to sit with open doors, except,
tion to govern.............   487              &c......................   269
report of condition  of, how                    to publish proceedings........   269
and when made...........   487               passage of bills requiring apentitled to share of Academy                      propriations..............   269
funds....................   501              publication of ayes and noes..   269
For Females, may be organized                      may compel attendance of abby Board of Education.....   485               sent members.............   270
ACTIONS    against  city,  District                  may punish or expel members,   270.
Courts no jurisdiction......   530           meetings, how regulated....    270
ALDERMANIC  Districts establish-                     proceedings on Mayor's vetoes,   270
ed by Charter, 1857........   281             ordinances, how originated...   270
ordinances to be passed by a
A~LDERMEi~ —
~~~ALDERMEN~ ~m- majority of members elected,   270
eligibility of................   269            proceedings on nominations by
term  of office...............   269             the Mayor................   271
expulsion of.................   270.            powers in case of suspension of
not to be questioned for speech                   heads of Departments......   272
or vote...................   270             powers in removing heads of
not to  act as Judge of Oyer                      Departments..............   272
and   Terminer or General                    may require reports from  DeSessions..................    280              partments.................   276
may act as Magistrate in cer-                      See also "Common Council."
tain cases................    280           publication of ordinances, &c.,
powers of, in  removing idle                       by the Clerk.............    277
persons from  fires.........    451          publication of votes..........   277
powers of, in respect to aban-                  action of, upon proceedings in
doned children...........    591               the other Board...........   277
as to practicing as attorneys in                bribery of members, provisions
Common Pleas............   633                  respecting..............   283
powers of, to act in absence of                 provisions respecting election
Coroner.................... 1131               of members...............   284
Board of, of whom to consist....    269           the President one of Commisvacancies, how supplied......   269              sioners of Health..........  1047




1338                                   INDEX.
ALDERMEN-                                    ANIMALSClerk of Board, his duties, &c...    277      Dead, left in roads or highways,
President of Board, when to act as                penalty for,.........1178, 1208
Mayor......-.............   271  APOTHECARIESPresident of Board to act on appr n fr B d of E -        none to act as, without a diplopropriation for Board of Educatim...6                        ma......................   875
cation...................      275
penalty......................       875
ALIENS-                                      APPROPRIATIONSDeceased, their effects, how  dis-           annual and occasional.........   276
posed of................... 1031    to be made for purpose indicated....................          277
ALMS-HOUSE'
to be made before expense inCommissioners, former powers and                  curred in Departments......   276
duties, as  overseers  of  the           AQUAFORTIS, Storing of, regulapoor,. 1042,  1044          tions.....................   996
Department abolished, and powers            APREARSdelegated to Department of
Public Charities in......    1037          ea   o  established1272
duties of Clerk of Arrears,
Governors of, their former powers               d                      
andduties.........    044,  1045             underactof 1853.                1272
Clerk of, Bureau established...    273
AMERICAN FEMALE GUARDIAN                            See also " Bureau."
SOCIETY-                                 of Croton water rent, how returned
and collected...........  1273
act to incorporate.............   348 
of taxes and assessments, inmanagers.....................   348
terest at twelve  per cent.
real estate may be purchased..   349              c        arged       
charged...........  1275
Matron  and Assistant may  be
fees for searches.............  1276
appointed...............    349
Board of Counselors...........   350  ARSENAL
right to repeal reserved........   350    State, act of 1808 for the erecvagrant children may be com-                      tion in this city..........   289
mitted to.............   351              act of 1848 for erection of a
form  of commitment..........   351               new arsenal............   290
orders to be executed by police-                act of 1849 authorizing sale of
men.....................   352              old arsenal.........   290
duty of Magistrates in such cases,   352        act of 1859 to provide for comnotice to parents..............   352            pletion of new arsenal......   294
notice, how served...........   352            act of 1857 authorizing sale of
proof of vagrancy..............   353            arsenal..................   291
final order..................   353            care of, under the Militia Act.   947
in case of commitments on insufficient cause............      353ASHES
duties of managers as to chil-                Throwing in  Streets, regulations
dren...............   353          concerning...............   474
violations of indentures........   353    Deposit of, regulations by whom
duty of guardians.........           354           made....................   991
amounts to be paid............   354  ASSAY OFFICEduty of managers...........         354
exempt from  taxation.......  1271
AMERICAN  ZOOLOGICAL  AND                    ASSEMBLY Districts defined......   325
BOTANICAL SOCIETY-                    ASSESSMENTS —
act to incorporate.............   341    for opening or improving streets   447




INDEX.                                       1339
ASSESSMENTS-                                    ASSESSMENTSfor improving streets, provisions               Sales for, proceedings under act
respecting...............   453                of 1816...................  1238
on   State  Property,  provisions                 lands may be sold for a term of
respecting................   466              years.....................  1238
for improvements, lien of......   469             certificate to be given........  1239
interest to be charged in  case                   advertisement for redemption..
of delay of payment.......  1242                                          1239, 1245
property assessed,  how  to  be                   execution of lease......  1239
described.................  1243            lease, evidence of regularity of
surveyors' duties in  inquiring                      sale.....................   1239
for owners................  1243             purchasers may remove buildnot to exceed half the value of                      ings erected by them......  1239
property................. 1244              owners failing to claim at end
notice to be given of comple-                        of lease, Corporation  may
tion of...................  1248               occupy....................  1240
how published................  1248              city officers not to be interested
contents of notice.............  1248              in purchase................   276
objections, how presented......   1248          preliminary notice to  owners
course,  if objections  are  not                    provided for............          1225
sustained.................  1248             after apportionment has been
lots how designated...........  1272                made.....................   1241
Corporation  authorized to bor-                   on  redemption, other assessrow  to meet delays in col-                     ments to be paid..........  1242
lection...................  1276            may be postponed..........  1242
for improvements  to  be made                     notice of postponement......  1243
by Board of Assessors......  1280            sales, by whom  made.....  1243
by Board of Assessors.  See "As-                  advertisement, what to contain  1243
sessors."                                    property contiguous, how to be
apportionment of, General Statute                    advertised................  1244
concerning...............  1251             certificates to be made without
powers of Common Council.....  1241                charge...................  1244
Collector of, Bureau established..   273          no charge to bemade for second
See also "Bureau"........                     advertisement.............  1244
Commissioners not to  charge for                  expense of first advertisement
services not rendered......  1244             to be paid on redemption...  1244
See  "Taxes  and  Assess-                    expense of lease not to exceed
ments, Commissioners of."                    fifty cents................  1244
Confirmation of, how  established.  1273          interest allowed at 14 per cent.,
Deputy  Collectors of, powers in-                    and how calculated.......  1244
creased.................  1270              notice, how long to be publishFrauds and Irregularities in, how                    ed......................  1245
corrected.................  1276            contents of notice..........,.  1245
may be vacated.............  1276               redemption of portion of lands
consequence of judgment vaca-                     sold......................  1245
ting proceedings...........  1276            how mortgages are affected by,  1246
lands may be re-assessed......  1277            purchaser to notify mortgagers
lists and confirmation  of,  in                   who have filed memoranda.
whom power vested........   480                                          1246, 1250
provisions concerning the con-                 notice, how given and evidence
firmation...............        480           thereof...................  1246
confirmation of, how proceeded                 mortgagees, paying  purchase
with.....................  1281               money, to have further lien,  1246




1340                                      INDEX.
ASSESSMENTS-                                    ATTORNEYSon failure of mortgagee to re-                Non-resident, practice of, in  our
deem.....................    1246             Courts...................         636
Street Commissioner to notify              AUCTIONEERS-See   "Auction,
mortgagees, and all  other                      ss 
~0~~~~~ ^                         ~sales by ".................
persons interested who have
filed memorandum.....1247, 1249  AUCTIONsuch notice, how to be given..               Sales by, goods sold subject to
1247, 1250           duties....................   298
proof of service......... 1247, 1249           amount of duties.........   298
Register to record memoran-                     how to be struck off........         298
dum..................1247, 1249             articles liable to duty.......   298
redemption by such mortgagees,                  articles not liable to duty....   299
1247, 1249        provision respecting damaged
all persons interested may file                    goods....................   299
memorandum, and be enti-                      sales, by whom made.......   300
tied to notice.............  1249            penalty for selling without aulots contiguous may be sold                        thority...................   300
separately................  1249             when auctioneers may employ
notice on  actual occupant to                      copartner or clerk to sell...   800
be served.................  1250              goods damaged at sea........   300
contents of notice...........  1250            auctioneer's bond............   301
notice, how served...........  1250             bond, how approved..........   301
land may be redeemed after                      bond, how disposed of.......    301
service of notice...........  1250           copy to be filed............   301
affidavit of service on occupant                auctioneers to be licensed.....   809
to be filed................  1250           bond, how to be drawn......    801
in case of no redemption certifi-               penalty on auctioneers.......    02
cate to be given...........  1250            bond, when renewed.........    802
conveyance then becomes ab-                     auctioneer  to file  copies of
solute for the term........  1250               bond and certificate........   802
forty-two per cent. allowed on                  record to be kept by County
redemption after delivery of                    Clerk....................   802
lease.....................  1251              penalties for selling without
on  order of Court of Chan-                        filing bond.................   303
cery, provisions concerning,  1252            auctioneers to  have but one
ASSESSORS-                                             auction house.............   303
certain goods not to be sold
Board of, their number and apelsewhere...............         303
pointment................  1280                elsewhere
powers...................   1280               penalty.....................    03
duties......................      1281    place for selling horses, carriages, and furniture, how
ASTRONOMICAL OBSERVATORY,                               designated..............   303
in  Central Park, act to es-                  notice of sales, how given....   304
tablish...................   335             penalties for non-compliance.     304
ATTORNEY-                                            auctioneer's commissions prescribed...................        804
Of Department of Public Charities,crb304
ho,   apponted1penalty for overcharge.......   304
how  appointed............  1041
salary...........      11         private sales by auctioneers,
salary........................           wd............                    80
when prohibited............    04
ATTORNEYS-                                           entry of sales by auctioneers   804
not licensed, regulations as to                 quarterly account of auctionpracticing................   532               eers......................   305




INDEX.                                       1341
AUCTION-                                        BARGESto whom exhibited...........    305         rates of wharfage..............  1289
oath of auctioneers..........   305          berths for, designated..........  1319
oath of partners.............   306  BASINS
duty of auctioneers, partners,owers of Common Council in
and clerks.........3.......   806             causing, to be built........   448
auctioneer's duties, when and                between Whitehall and Exchange
where to be paid..........   06p1295
receipt for duties to be sent to           BEEF, unsound, regulations......446, 462
Comptroller...............   307
BELLEVUE HOSPITAL, superaffidavit if no sales be made..   307 
vision of expenditures.....      426
penalty for non-compliance...   307                              enditures           426
sales by auction to be made be-            BIRTHStween sunrise and sunset...   307          record of, fees to be received by
certain exceptions to last pro-                   City Inspector.............   280
vision....................   307             to be kept by City Inspector.    315
penalty for non-compliance...   307          registry of, to be kept by Physigeneral penalty for violating                     cians, &c.................   315
act.......................   807          to be reported to City Inspector.   315
forfeitures, howprosecuted....   308  BLINDduty of Comptroller and AtNew  York Institution for the, cortorney-General............   308
poration created..........   364
books of auctioneers to be exmanagers............. 3.....   365
amined by Comptroller.....   308                             5
officers....................... 8365
Comptroller may employ agents   308             by-laws........65
by-laws...................'    365
AUCTIONS-                                            duration of act.............366, 372
Mfock, act to prohibit...........   809           who received as inmates......   366
penalties for certain fraudulent                additional numbers... 367, 368, 372
practices..................   309            annual report...............   367
purchase of premises.........   367
AUDITOR of Accounts, Bureau es-                      premises, how to be use368
premises, how to be used.....   868
tablished..................   273
condition...................   368
See also "Bureau."
term of instruction may be exAVENUES-Opening. See "Streets                          tended....................   368
Opening."                                    accounts, how kept..........   369
part of school fund to be given
B.                               to managers.......3......    69
BALLAST-                                             Supervisors may raise money
vessels freighting in port, regu-                    for pupils...........           369
lations...................  1315            Superintendent of Public Indischarging of, regulations.....  1296               struction may visit.......370, 371
BR~ANKS-                            I         ~BLOOMINGDALE ROAD- See "New
3BA~KSYork, Map, or Plan of City. "
In the City of New York, additional statement by...     11  BOARD  OF EDUCATION-See "Education."
Insolvent, loans to, from  Savings                   t
Banks, how secured....3....   313  BOARDING-HOUSESSavings, loans by..............   312          powers of Common  Council in
temporary deposits.........   312                regulating...............443, 461
loans to banks..............   312            keepers of, to report deaths to
amount of deposits limited...   313                Public Administrator......  1035
action of Trustees or Direct-                   penalty....................  1035
ors.......................   314             to report infectious diseases...  1064




1342                                     INDEX.
BOARDING-HOUSES-                                BUILDINGSemigrant, general provisions con-               steam  pipes...................  1008
cerning.............1092 to 1095          hearths.................   1008
BONDING of passengers..1072,1074,1075             smoke pipes...................  1008
BOUNDARIES  of  the  city  and                    furnaces......................  1008
county of New  York estab-                 hot-air registers...........  1009
lished....................   318           beams and timbers.............  1009
BREACHES OF PEACE-See " Mi-                       floors....0.................    1010
litia."                                    cornices....................   1010
BRIBERY  of city officers, charter                roof........................           1010
provisions respecting.......   281        gas pipes.................... 1011
water pipes.1011
BRIDGES  over Harlem  River-See                    water ps                              1011
I Harlem River.,                        floors.........................  1011
"Harlem  River."
metal columns.                        1012
BROOKLYN basin at Gowanus. 1316, 1318              m........  1012
arches........................    1012
BUILDINGS-                                         ties for beams................  1012
on fire, who may destroy.......   450           templates for beams..........  1012
wooden, raising  of, powers of                  stairways.....................  1012
Common Council respecting,   473           alteration of roofs.........           1013
tenement, power of Police as to                 wooden sheds.................  1013
cleansing.................   891          wooden stairs................  1013
mechanics' liens on.......... 870, 873          piazzas and balconies.........  1014
pulling down in cases of fire....   990        privies.......................  1014
damages, how ascertained......   990           Ferry houses......           1014
how  paid.........      990      repairing wooden buildings.....  1014
by whom paid.................   990             survey of damage by fire......  1014
covering  of  steeples,  cupolas,               altering or raising building.....  1015
and spires................   998          plans of buildings may be subexcavations regulated.........  1000                mitted for survey..........  1015
party walls regulations........  1000          power of Department of Surbuilding limits................  1001               vey and Inspection........  1015
outside and party walls.......   1001          penalties.....................  1016
foundation walls..............  1002    jurisdiction of Courts.........  1016
base course under foundation...  1002          notices  of violations of buildthickness of walls............  1002                ing law..................  1017
partition walls................  1003          punishment................  1017
supports.................  1003      buildings, &c., becoming  danstone walls....................  1004               gerous...............  1017
brick walls................    1004            notice to be given..........  1017
mortar........................  1004           duty  of persons receiving  npfire-proof partition walls.......  1004              tice.......................  1018
support of piers............  1004            in case of neglect.......  1018
anchoring walls...............  1005            report of surveyors and proceedwalls not corniced............   1005               ings thereon.............  1018
height of partition walls.......  1005          Department of Survey and Inroof planking................   1005                spection created...........  1019
compound beams..............  1006            Superintendent of Buildings....  1020
openings  for doors  and  win-                  qualification of officers........   1020
dows, &c.................  1006          duty of Superintendent.......   1020
lintels and arches.............  ]007          duty of Deputy..............  1021
doors and shutters of stores....   1007         Inspectors of Buildings.........  1021
chimneys and flues............  1007           salary of officers..............   1022
hot-air pipes..................  1008           suits and proceedings regulated.  1022




INDEX.                                     1343
BUILDINGS-                                     BUREAUXarranging of, under whose author-              of Records and. Statistics, estabity.............. 1179, 1184, 1210             lished....................   275
encroaching on Streets, proceedings            of Repairs and  Supplies, powers
of Common Council, respect-                    and duties................   273
ing.................. 1180, 1185         of Sanitary Inspection and  Street
Cleaning..................    275
BULKHEADSof Superintendent of.Markets, estabpowers of the Common Council                        lished....................   275
in enforcing building of... 442, 463    of Superintendent of Roads, powers
encumbering regulations........  1305              and duties................   273
See " Wharves4" "Piers."                  of Superintendent of Street ImproveBUOYS-mooring of vessels to....  1306                 ments, powers and duties....   273
of Superintendent of Wharves, estabBUREAUX-                                              lished....................   273
may be established by the Cor-                 of  Water Purveyor, powers and
mon Council.....   276           duties....................   274
duties of, may be assigned by                  of  Water Registrar, powers and
-Common Council.........   276                duties....................   463
heads of, not to be interested in           BURIALS,  powers  of  Common
contracts,. &.c..........       276         2Council in regulating.... 443, 463
Established by charter of 1857....
Collector of City Revenue..   272   URAL PLACES, acquisition of,
Receiver of Taxes.........7..         273       by religious societies.....  1168
Clerk of Arrears.............   273  BUTCHERS, powers of Common
City Chamberlain............   273              Council to regulate........   465
Auditor of Accounts..........   273
Superintendent of Wharves...   273                              C.
Repairs and Supplies.........   273  CABS AND  CABMEN, powers of
Lamps and Gas...............   273               Common Council to regulate,   599
Chief Engineer of Fire Department....................   273  CANAL BOATSSuperintendent of Roads.....   273        place of lying designated.......  1319
Collector of Assessments......   273       rates of wharfage.                   1289
Superintendent of Street Im-              CANVASSERS, Conty, compensaprovements...............        273
provements........     273        tion of Supervisors........  1237
Chiefs of, term of office..........   272
of Auditor of Accomits, powers and          CARRIAGESduties....................   273         broken, left in roads, regulations
of Clerk of Arrears, powers and                     and penalty.......... 1178, 1208
duties....................   273            &c., passing on roads, regulaof City Chamberlain, powers and                     tions.....................  1209
duties....................   273  CARTMEN, Hand, powers of Colnof Collector of Assessments, powers                 mon Council to regulate...    599
and duties................   273  CARTS AND  CARTMEN, powers
of Collector of City Revenue, powers                of Common Council to reguand duties................   272              late.....................   599
of Inspectors and Sealers of Weights        CARTS, Dirt, power of Common
and Measures...............   275             Council to regulate, &c.....   592
of Lamps and Gas, powers and du-            CELLARS,  powers  of  Common
ties...........   273            Council inregulating.... 442, 463
of Receiver of Taxes, powers and            CEMETERIES held by religious soduties....................   273             cieties, provisions........  1168




1344                                   INDEX.
CENTRAL PARK-                                CHAMBERLAINboundaries defined...... 826, 328, 332    provisions concerning  appointauthority to take land........    326           ment under charter of 1857,   272
Commissioners of estimate and                removal of...................   272
assessment to be appointed.   326    bureau established..........   278
three Commissioners may act...   327              See also   Bureau."
may allow damages..327    report of, in respect to Commisdamages to be payable........    327              sioners of Emigration......  1079
damages, how paid.........    327    to be Treasurer of the city......  1132
Central Park fund.............   327    regulations concerning.........  1132
tax to pay interest......28    to exhibit vouchers to Common
Boundaries of Park...........   328               Council................  1133
Control andmanagement of Park,   328    to execute a bond............  1133
Commissioners of..............   328    to deliver books, &c., to his sucCompensation of Commissioners.   329              cessor...................  1133
power of Commissioners...   329    to be considered County Treasurer  1133
Commissioners  not to be inter-              provisions of Statutes applicable
ested in contracts, &c.           29         to.......................1133
moneys to be deposited in Bank
Annual Report of Commissioners,   329    moneys to be deposited in Bank
eo Commssons            without delay.............  1133
power of Commissioners as to                 term of o.. 
term of office....................  1134
leasing of ground........   330  CAMBER  OF  COMMERCE,  rpower of Commissioners as to                      ganization and powers of...   347
sale of property...........   330  CHARITABLE   AND   BENEVOCHARITABLE  AND BENEVOas to adoption of plan of.......   330
Central Park Improvement Fund   330               LENT INSTITUTIONSpayment of interest on said fund,   330      Organization of
moneys, where deposited.......   331            American  Female  Guardian
Commissioners may  pass laws                      Society...................   348
for regulation, use, and gov-              Cooper Institute......            854
ernment of Park..........   331           New York Institution for the
Blind....................   364
penalties for violation.........   831                                           364
New York Institution for the
addition to  boundaries of the                    Instruction of the Deaf and
Instruction of the Deaf and
Park......r..............   332              Dumb...............   373
title, how acquired............   332          the Leake and Watts' Orphan
Central Park " additional fund"                   House..................   388
established...............   333          the New York Juvenile Asylum    392
power of Commissioners of, not                 Sailors' Snug Harbor.........   403
to create debts............   339         Seamen's Fund and Retreat...   408
property may be devised, &c., for              Mariners' Family Asylum....   417
improvement of...........   339            Society for the Reformation of
" Central  Park  Improvement                      Juvenile Delinquents......   418
Fund," further act........   339  CHARITIES AND CORRECTIONact to establish Zoological and              powers of former Commissioners
Botanical Society..........   341        of the Alms-house.........   451
act as to appointment and further            receiving and binding out vagrant
powers of Commissioners...   344             children..................   586
act to authorize establishment of          CHARTERMuseum by Historical Socie-              Amendment of, Commissioners apty..................   345                  pointed by act of 1861....    285
Astronormical Observatory in, act to         City, how proved.............   472
establish................   335         Offcers-See   Officers."




INDEX.                                    1345
CHILDREN-                                     CITY   RAILROADS-See    RailAbandoned, 8fc., provision for....   591          roads."
Idle and truant, act for arrest of,         CITY REVENUE, Collector of, Bu&c........................   785            reau established...........   272
Poor, in charge of Commissioners                  See also " Bureau."
of Emigration.............  1008  CLER
CHIMNEYS, sweeping of, power of, 
of City and Oounty, salary of.....  1119
Common  Council  respectfees and perquisites received to
ing....................456,465             4                 -.i
ing           a           g.................. *.456, 465  be paid to the City........ 1119
CIRCUS-                                           his Deputy, salary fixed......  1120
not to be opened without license                may appoint Assistants.......     1120
from Mayor.................    966  Assistants' salaries, howfixed.  1120
term of license..,............   967  CLERK OF CITY AND COUNTYfee for........................   967    account of fees, how to be kept
penalty...................          967          by.......................  1120
notice of injunction, how given,   968    transcripts thereof to be made to
CISTERNS, public, powers of Corn-                   the Comptroller..........  1121
mon Council to construct...   467    compensation to assistants, how
~~~CII~TY HALL-       ~allowed..................  1121
CITY HALL —
penalty for neglect to account
what buildings are included in                    forfees1121
term of...................   429    security may be required from...  1122
New, act authorizing erection of.   429
New, atuoinesalaries and contingent expenses,
Commissioners, how appointed..   429              how paid1122
duty of Commissioners.......   429
fees for searching established...   1124
plans, &c...................   430
may be retained for his own use,  1124
Architects, Engineers, &c.....   430
Architects, Engineers, &c.   430    regulations as to searches.....  1124
" City Hall Stock" established,   430
his office, when to be kept open.  1126
CITY  INSPECTOR-                                to assign persons to have charge
his duties in respect to record                   of records................  1127
of births, marriages, and                records in  office of, how  indeaths...................    16             spected.............            1127
fees of recording births and mar-            charges by, against the county..  1118
riages, how established... 280, 316    mutilated records to be copied..  1118
one of Commissioners of Health,  1047  CLERKS  OF  COURTS  OF  REpowers of, in  appointment of                     CORDHealth Wardens...........  1060
office hours established........  1126
powers of, in reference to public
health....................  1061  COLLEGEDepartment-See "Departments."                 Columbia, Trustees of,  made a
(CITY JUDGE-                                        body corporate...........   434
style and corporate rights....   434
provisions for election of.......  1135        amount of property and interm  of office.................  1136434
come....................   434
vacancy, how filled............  1136           property of, vested in the Truspowers of...............   572, 1136             tees..........                434
office.....................e573, 1136        authority of Trustees in mansalary.....    634, 1136  agement of property, &c...   435
when Judges of Common Pleas
when Judges of Common Pleas        powers and authorities of Trusmay act as................  1136                                             435
tees......................     435
CITY, plan or map of-See "New                    what number to constitute a
York."                                       quorum................        435
85




1346                                     INDEX.
COLLEGE-                                       COMMON COUNCILColumbia, Trustees may make or-                members of, not to be interestdinary and by-laws........   435              ed in contracts............   473
Trustees authorized to purchase              committees of, witnesses to atlands for college purposes,                    tend.....................    477
acts of 1857 and 1860......   436         District Courts have no  jurisact relative to law school of...   438           diction in actions against...   530
COMBUSTIBLE   laterials, regula-                  ordinances, suits  for  penalties
tions, by whom made......   991               in Marine Court...........   554
COMMERCE, Chamber of, organiza-                  to   assign   place  of  holding
tion and powers of........   347              Courts of Oyer and Terminer,
General Sessions, and Special
COMMISSIONER:S-                                       Sessions..................   577
Of Deeds, number designated...  1127           to  assign  Police  Justices  to
additional number.......1128,  1129               Courts...................   582
Of Pilots.  See "Pilots."                      to  fix   office  hours of Police
Of Records, act for the appoint-                    Courts...................   586
ment of................   1126    claims against, examination by
Comptroller.63.........   685
COMMON  COUNCIL-                                      Comptroller..............
may pass  by-laws  for  protecLegislative acts approved of by the                 tion of Croton Aqueduct....   651
Mayor...................   270           committees of, to inspect Cropower to fix number of clerks of                    ton Aqueduct yearly.......    658
Departments..............   272    compensation therefor.........   658
power to  fix  terms of officers               to provide for holding polls.....   676
created by them...........   272         removal by, of Commissioners of
have power to establish Bureaux                     Fire Department..........   758
in the Departments........   276    to provide stationery for Cornmay assign duties to the Depart-                    missioners of Appeals of Fire
ments and Bureaux........   276                Department...............   763
members not to be interested in                i                              
contracts................   276               der wate......7......             771
to provide for the accountability              may  pass  ordinances  for preof officers.................   276
of officers..s   276               venting and extinguishing
restrictions   as  to   borrowing                   fi.                               991
money by................   277
also to compel attendance of firerestrictions as to imposing penal-...............   991
ties for certain sales........   277 
may regulate  keeping, &c., of
may establish  regulations  for 
combustible and dangerous
contracts by departments..   277                 aterials991.   materials..............      991
expenditures for celebrations, &c.,
restricted................. 279           may regulate use of lights in.......stable...................   991
may make regulations for elec-.....
tions...................        280      may regulate fire-places, stoves,
&c                                991
may fix salaries for all city offi-............
cers under charter of 1857..   280        may regulate deposit of ases,
&c...........,.......... 991
members not to  receive com-.991
pensation...............         280    responsibility of, for acts of Pubbribery of members, provisions                     lie Administrator......... 1034
respecting..........    281      constituted a Board of Health..  1047
election of members regulated,   284          may pass by-laws as to public
to visit Juvenile Asylum  twice                    health....................  1061
a year...............   399    may enlarge slips..............  1295




INDEX.                                         1347
COMMON COUNCIL-                                   COMMON COUNCILpowers of, in designating place for               powers of, to  restrain  sales  on
selling horses, carriages, and                    Sunday..................    464
furniture at auction........   303             to regulate butchers..........   465
in respect to public health...442, 463            as to hackney coaches.......    465
in  enforcing the building  of                    as to gaming houses.........   465
bulkheads...............442, 463              to construct cisterns.........   467
in regulating filling and drain-                  in respect to intelligence  ofing low  grounds, yards, or                       fices...................   468
cellars........... 442, 463, 469             in respect to weights and measin filling,' altering, or amend-                    ures............              468, 472
ing public slips.......... 442, 463           as to erection of markets.....   470
in filling up river shores....442, 463           as to fixing  license  fee  for
in assessing for improving slips,  443,             hackney coaches..........    470
464        as to boring for water.......   471
in preventing digging in made'                as to raising wooden buildings,   473
ground................ 443, 463              as to throwing rubbish, ashes,
in  appointing   Inspectors  of                     &c., in streets, squares, &c.,   474
Lots.................. 443, 463               as to sales of firewood.......   475
in respect to sinks and privies,  443,            as to Horticultural Garden...    475
463        as  to  borrowing  money, rein regulating boarding-houses                       stricted...................   476
and taverns........          443, 463         as to giving its credit, restrainin respect to the interment of                      ed.......................   476
the dead............... 443, 463              as to amount of debts that may
in regulating pawnbrokers.. 443, 463               be contracted.............   476
in regulating dealers in second-                  in  respect to  assessment lists
hand articles..........443, 462                  and the confirmation thereof   480
in taxing and regulating dogs,  443,              in  awarding  and  confirming
465           contracts...................   486
in respect to interments....444, 460            as to raising loans for schoolin compounding for penalties,   445                 houses....................   500
to recover expenses by action                  maypass ordinances concerningin certain cases relative to                   hawkers..............                590
health..............   445         pedlars.....................   590
in  preventing  laying  out of                   petty dealers................           90
new streets...............   445              vagrant persons.............   590
in opening, extending, enlarg-                    sale of fruit and vegetables..   590
ing, straightening, or other-                  junk dealers                           591
wise improving streets.....   446             junk dealers' licenses........   691
in  respect to unsound provi-                     penalties in above cases estabsions................. 446,462              ished....................   592
in causing piers to be built...   448          maypass ordinancesin causing basins to be built..   448             to obtain number of births...    591
in collecting wharfage........ 448                to regulate pawnbrokers......   591
as to prevention of fires.....   452            to regulate second-hand dealrespecting sweeping of chim-                        ers.......................          91
neys.......        456, 465        to regulate  pawnbrokers' liin   constructing   wells  and                      censes....................          91
pumps....................   458               to regulate second-hand dealin respect to pawnbrokers...        462            ers' licenses...............   591
in respect to second-hand deal-                  for the suppression of vice and
ers.......................   462                 immorality...........   691




1348                                     INDEX.
COMMON COUNCIL-                                COMMON COUNCILnay pass ordinances, for the pre-              powers of, as to apportionment of
servation of peace and good                    taxes.....................  1241
order..................          591        as to suspending sales for taxes
for regulating and  licensing                     and assessments........ 1242, 1262
dirt carts.................   5 692      as to purchases of land sold
to prevent firing of fire-arms..   592           for taxes and assessments.   1267
to  prevent setting  off  fire-                as to borrowing to meet defiworks....................    592              ciencies in collecting assesspenalties under above provis-mets..........1276
ions.................. 592                  construction of exterior streets
powers of, in regulating and licens-                 nd wharves, under act of
ing carts, and cartmen..    599              1798......................  1286
cabs and cabmen............   599              in laying out wharves and slips  1292
hackney coaches.............   599            regulatewharves,piersand slips  1297
hackney coachmen..........   599               in deepening water in docks..  1298
stages and drivers...........   599           provisions  respecting  assesspublic porters.............    599               ments, &c., therefor.......  1298
hand cartmen...............   599            Suits against, jurisdiction of courts
penalties under these powers..   599              in.............      635
powers of, restricted in altering                presentation of claims before
rates of income to city.....   744             suit............         635
to designate jails............   792           service of process on.......   635
in  appointing  Commissioners                  levy of execution against,.       636
to investigate causes of fires,   992        witnesses........                   451
as to appointment of Health                  Clerc of, his appointment, duties,
Wardens............   1060                     &c.......................   277
Wardens................  1060277
in respect to nuisances.......  1062          his clerks, and their appointin relation to City Railroads,                   ment....................   277
restricted................ 1146,            original provisions respecting.455, 456
1149, 1152, 1154, 1157           See also "Corporation."
in reference to stages.....1174, 1175  COMMON  LANDSCommissioners of Roads..1176, 1208         act to settle boundary of.....  1168
in  regulating  and  altering             COMPTROLLERstreets...........1179, 1184, 1210       term of office...............    271
arranging buildings, 1179, 1184, 1210       election of...................    271
in  regulating  and  altering               removal of...................   271
wharves and slips, 1179, 1184, 1210       vacancy, how supplied.........   272
in  preventing  buildings en-               established lead of the Finance
croaching on streets.... 1180, 1185           Department.............   273
in taking ground for laying                 to report to Common Council
out streets, wharves, and                      once in ninety days.........    273
slips................. 1180, 1185    to act on appropriations for Board
in respect to sewers, drains, and                of Education...........   275
vaults, under act of 1813..  1190         report of previous to election...   277
under act of 1787...........   1181         to approve security on contracts.   278
for cleaning and paving streets,            to be present on opening bids for
under act of 1813.........  1190               contracts...............   278
under act of 1787...........  1181          powers of, in respect to assessment
under act of 1813, for filling                   lists, and  the confirmation
lots......................  1190               thereof...................   480
asto land sold for taxes, &c.,               authority to administer oaths to
and unclaimed............  1240               claimants and witnesses....   635




INDEX.                                     1349
COMPTROLLER-                                  COOPER INSTITUTEto take measures to open fraudu-              trusts, powers, &c............    362
lent judgments...........   739         duties of Corporation...........   362
to make annual estimate of taxes,   743       may associate others with them,   362
power of, in appointment of Corn-             condition and terms of membermissioners of Charities, &c..  1036           ship...................   363
duties as to returns from County              may confer degrees.............   363
Clerk, Surrogate, and Clerk of           annual account................   364
Superior Court...........  1122           not subject to taxation.........   364
may employ counsel on behalf of               power of Supreme Court to supercity in certain cases of open-                vise......................   364
ing streets, &c.............  1233  CORPORATIONCONGRESSIONAL Districts defined,   324    continued under charter of 1857,   268
CONSTABLES_-                                    Legislative power under charter
of 1857...................     268
to be hereafter called marshals.. 5.33
See II Marshals."                        executive power, where vested..   271
See "Marshals."
District Courts have no jurisdicCONTRACTS-                                           tion in actions against......   530
General provisions, under charter             as o loaning, contracting debts,
of 1857278 &..................476
city officers not to be interested                                 Council.
in.......................   276  CORPORATION   ORDINANCESno additional allowance beyond                     See " Ordinances."
legal claim to be made'....   280  CORPORATION  ATTORNEY, ofnot to be awarded to persons in                   fice established............   275
arrears...................   280  CORPORATIONS, taxes on, to be
members of Common Council not                      ratably deducted  on  divito be interested in.........   473            dends, &c...............  1260
by Common Council, how  awarded             CORONERSand confirmed............   480
and confirmed..       480    Number of, designated..........  1132
COOPER INSTITUTE-                                  to be elected at same time as
conveyance of land to the Insti-                   Sheriff...................  1132
tute........................   355            duration  of  office  same  as
to what to be devoted..........   356             Sheriff...................   1132
Board of Trustees.............   356           removable in same manner as
vacancies, how supplied........   357              Sheriffs................   1132
number of Trustees............   357            Mayor to assign one to each
Trustees to hold office for life...   357          Senate district.........  1132
income; how devoted.........   357              in their absence, who may act,  1131
removal of Trustees...........   360            ther duties in returns to City
in case of destruction of building,   360          Inspector.................   275
premises may not be mortgaged,   360  CORONERcontracting of obligations.......   360    f o, act of 1819respecting.             1131
Trustees, when personally liable,   361           tobefixed     Board Superfees to be fixed by Board of Superpublication of matter relating to,   361           v
visors....................    1131
minutes to be kept,............   361
miutestobe kept.......    361         accounts of, to be audited by
religious tenets not considered..   361 
Board of Supervisors.......  1131
information as to funds, &c., to                                   and   storing
COTTON,   landing   and    storing
be furnished.............. 361   of446 1066
of.....................446, 1066
body corporate created........   361
powers and privileges.......       362  COUNCILMENhow exercised..........    362    number and election of........   269




1350                                      INDEX.
COUNCILMEN-                                     COUNSELeligibility of..................   269   to Corporation, powers of, in  reexpulsion of..................    270               spect to assessment lists and
not to be questioned for speech                      their confirmation.........   480
or vote...................    270            salary fixed at $6,500........  1229
Board of, how composed.......   269               not to receive fees in opening,
vacancies, how supplied......   269               &c., streets...............  1229
where to meet...............   269              not to receive fees in matter
quorum....................    269      of Central Par       k..........  1230
President, how appointed....    269            shall be legal adviser of Board
officers, how appointed.......   269               of Supervisors..?.....  1237
to be judges of qualifications of               his compensation as such.....  1237
its own members..........   269  COUNTY  CANVASSERS, compento make its own rules.......   269               sation of Supervisors......  1237
to keep a journal of proceed-              COUNTY  CLERK-See "Clerk of
ings.....................    269
City and County."
to sit with open doors, except,
&C.          269, COURT-HOUSE&c.......................       269
to publish proceedings......   269          act authorizing erection of.....   432
passage of bills requiring ap-                lands to be taken  for, how  acpropriations........   269                    quired...................   432
publication of ayes and noes.   269   COURTSmay compel attendance of ab-                  attorneys not licensed, regulasent members.............   269        tions as to practicing in....   532
may punish or expel members,   270            practice of non-resident attormeetings, how regulated.....   270                neys in...................   636
proceedings on Mayor's vetoes,   270          Circuit, who may hold..........   570
ordinances, how originated...   270           of Common Pleas, its jurisdiction
ordinances to be passed by a                      under code..........   617
majority of members elected,   270            to review judgments of Marine
may require reports from  De-  and Justices' Courts.......    618
partments................   276             terms of.................   618
See, also, "Common Council."                 terms, by whom held........   618
publication of ordinances, &c.,                 judgments, where given.....   618
by Clerk.............   277             Criers, how appointed.......   619
publication of votes......    277             salaries of Criers.........   619
action of, upon proceedings in                  provisions of Revised Statutes
the other Board..........   277                 concerning................   621
bribery of members, provisions                  changing venues............   622
respecting................   283            powers of Judges............   623
provisions respecting election                  duration of term.........   624
of members...............   284            equity jurisdiction.......... 624,631
President of Board to act on ap-                  Clerk..............   624
propriations for Board of Ed-                 office of Clerk.........   625
ucation..................   275  fees received by Clerk........   625
Clerk of Board, his clerks......   277           salaries....................   625
duties of..................   277              jurisdiction of...............   625
COUNSEL-                                             officers attending.........          625
to CoWporation, term of office.....   271          salaries of Judges............   631
election of..................   271         increase of salaries..........   634
removal of.................   271               vacancies of judges how filled,   634
vacancies, how supplied......    271            jurisdiction where Corporation
to settle terms of contracts...   278             is a party.................   635




INDEX.                                           1351
COURTS-                                              COURTSof Common Pleas, powers of judges                    District, causes, how transferred.    514
in General Sessions........   570                swearing jury, &c...........    514
Criminal, report of indictments..   615                 rendering judgments.........    514
report of convictions.........    615                failure to appear and answer..    515
Sheriff's report of convictions,   616               issues of fact................    515
District, Judicial Districts enum-                      application of code..........    515
erated.................. 504, 530                judgments in  cases of arrest,
jurisdiction established.......   504,                  &c......................    516
527, 530, 531           executions................ 516, 528
actions, how to be brought...    505                 executions against joint debtelection of Justices.........505, 530                  ors......................            516
term  of office...............    529                duties of officer on executions.   524
in absence of Justice.........    506                renewal of executions........    517
Courts when held............    506                 liability of constables......517, 526
seals.......................    506                 return of executions.........    517
parties may appear in person..    506                dockets.....................              17
commencement of action.....    506                   entries in docket............    518
appointment of Guardian....    506                   index...................         518
summons..................    507                     duty of clerks.........518, 520
failure to appear............    507                clerks may issue executions..            519
return of summons..........    507                   certified  papers  to   be   eviservice of summons........ 507, 535                     dence.....................    519
service of complaint.........    508                 rooms, furniture, blanks, &c..    519
warrant of arrest............    50                  relative to criminal contempt,    519
service......................    56                 fees of courts................    519
proceedings after arrest......    509                constables' fees..............    520
plaintiff to be notified of  ar-                     extra costs.................    520
rest......................    509                appointment of clerk and depduty of officer on arrest....            509            uties.....................    520
issuing of attachments.......'  510                  clerks  to  be  appointed   by
amount of debt or claim......    510                 Board  of Supervisors......    536
undertaking................    510                  office hours.................    521
service to be made in city....    510                payment of fees into the treanon-resident plaintiffs........    510                 sury....................              521
pleadings..................    511                  official bonds of clerks.......    521
trials......................    511                 oaths......................    521
adjournments...............    511                   appeals.....................    522
failure of plaintiff to appear..    512              Justices to take depositions...         522
commissions to take testimony    512                 exclusive provisions.........   522
conditional testimony.......    512                  special proceedings..........    522
subpcenas..................    512                  power of Justices on trials....    522
list of jurors................   512                 application of words used  in
trial by jury................   513                     act.......................    523
drawing of jury............              513         set-off   of   defendants'   defining of jurors.............    513                   mands..................524, 527
non-attendance of jurors.....    513                 joint debtors, how  proceeded
ballots......................   513                     against...................    524
fees on jury trial............    514                oath to procure warrant......    525
adjournment after return  of                         defendant  arrested   to   give
jury...................               514            bail..................... 525, 528
competency of jurors........    514                  proceedings thereupon.......    525
verdicts...................    514                  process if bail be not given...    525




1352                                        INDEX.
COURTS-                                            COURTSDistrict, how long to be detained.   526           i3arine, non-residents........ 541, 544
suit on bail bond............   526                process by warrant..........   541
security may be examined on                        form  of warrant.............    541
oath.....................   526                arrest of defendant..........   541
officers, when may be prohibit-                    bond to be given..........          542
ed from  serving process...  526                neglect to give bond.........   542
vacancy in office of Justice, its                  suit on  bail bond............   542
effect on suits............    528              security for appearance......   542
absence of Justice, its effect on                  neglect to give security......   543
suits....................    528      examination of surety.......   543
rules of Supremie Court appli-                     powers of Court..............    543
cable to...................   532     trial and judgment......            543
provisions as to Marshals.....    533              adjournments..............544, 545
fees of Marshals............   536              set-off of demands..........    544
opening defaults.............   536         actions of trespass............  545
clerks, how  appointed........    536              absence of witness...........   545
the term  "non-residents" de-                      exhibition of accounts.......   545
fined....................   537               officer's duty on arrest of dereview of judgments of.......   618                   fendant..................   545
of Geneial Sessions, organization                    jurors', witnesses' and  constaof.......................   570           bles' oath............    546
by whom  held............ 280, 570                penalty  on  jurors for  nonpowers of.................. 570, 571                 attendance...........   546
trials.......................   571               on witnesses................   546
appeals....................   571                 how recovered.............   546
fines........................   571               how appropriated...........   546
transmission of indictments..   571                judgments in  certain  cases,
may make its own rules......    572                  costs....................           546
when to be held..............   572               execution..................   547
where to be held.......... 572, 577.             execution, when to be issued..   548
appointment of Deputy Clerk,   577                 registers of  Court legal  eviproceedings  on  appeal from                         dence....................   550
special sessions............   577             Justices' powers as conservatrials before, at close of term.. 579             tors of the peace..........   550
may draw additional jurors...   579                may take affidavits.........    551
may extend its terms........   580                fees to witnesses..........            551
Clerk's report of conviction...    616             fees serving subpoenas......   551
jurisdiction  of offenses under                    Jailor's fees...........   551
act relative to public health,  1060            endorsement on executions...   551
Marine, organization of, by act of                   Marshals violating their duty.    551
1813.....................   537                certiorari, how to be obtained.   552
jurisdiction.................  538,           Marine  cases, provision  con555, 558, 565, 566, 568              cerning;.............    553
court to be open daily.......   539                Clerk's bond...........   553
Clerk to keep register.......    540              Constable's bond........... 554, 555
testing process..............    540              suits for Corporation penalties    554
proceedings against joint debt-                    title  of  Court  when  estabors......................    540                  lished....................   556
first process...........   540          when trial by jury may be deform  of summons........   540                     manded..................   556
process, how served..........   541                election of Justices......... 559, 564
oath on warrant............   541                 appointment of Clerk.......    564




INDEX.                                         1353
COURTS-                                           COURTS-.Marine, fees to be accounted for.   560          Police, attendance of witnesses..   585
salaries of Justices and Clerk..   565            examination of offenders.....   585
Justices to share labors and du-                  discharge  of disorderly  perties......................        560           sons......................          585
neglect of duty by Justice....   561             bonds of disorderly persons..     585
Clerk may be suspended......   561                power of Justices...5.....   586
fees, rate of, established......   561            Common Council to direct of~witnesses' fees...............   563                flee hours.................   586
jurors' fees..............    563                commitment of vagrant chilcommissions to take testimofiy    565                dren......................   586
seal........................          565         vagrants and drunkards......   587
postponement of trials.......   565              driving at speed through the
costs.......................        566           streets....................         588
additional costs.............   566              recognizances to keep the peace    588
opening defaults............   567                disorderly persons............    589
serving summons............   567                 surety for good behavior.....    589
fees........................   567               letting to bail...............   589
copy of complaint...........   568               costs of trials for assault and
failure to answer............   568                 battery...................   589
on return of summons.......   568                punishment for second offense    589
Clerk's fees..............       568         for buying stolen property....   590
Deputy and Assistant Clerks..   568               fees of special Justices......592, 598
notice of appeal.............   569               fees of Marshals............592, 598
rules of Supreme Court appli-                     costs on convictions..........   593
cable to.................    532               complaints for assault and batreview of judgments of......    618                  tery.....................          594
officers attending............   625             costs on habeas corpus........   595
of Oyer and Terminer, who may                       forfeited recognizances, where
hold...............280, 570, 578                 filed......................   595
Clerk of....................          570         offenses' by non-residents......   596
appointment of Deputy Clerk.   577               judgments on recognizances..           97
fines imposed by, how  remit-                     duty of Sheriff on forfeited reted.......................   572                cognizances..............   598
where to be held............   577               bail, by whom  taken.........   599
Police-                                             non-resident  and   departing
election districts...........581, 583              witnesses.................    599
a Justice to be elected in each.   582            vacancies in office of Justice,
compensation and term  of of-                       how filled................   600
fice of clerks..............    582           record of commitment for vaappointment of clerks.......    602                grancy.............   601
duty of clerks...............    602              fines, by whom received......   602
salary......................   603                Assistant Clerks.............   603
term  of office of Justices.....   582           fines for disorderly conduct...   604
power of Police Justices......   582              fines for intoxication.........   604
assignment to different Courts                    recognizances  to  keep   the
by Common Council.......   582                    peace, where filed..........   606
provision respecting election of                  disorderly persons, provisions
Justices..................   583                respecting................    607
powers of officers............   583            abandoning family..........    607
recognizances, &c., where de-                    certain crimes defined........   611
posited..................   584               bail, letting to............          611
duties of Clerk..............   584                 See'"I Recognizances."




1354                                        INDEX.
COURTS-                                            COURTSPolice, Magistrates, other  than                   of Special Sessions of  the  Peace,
committing, may let to bail,   611                 when to be made..........   576
felony......................   611                proceedings on appeal........   576
disorderly  conduct..........    611               trial for misdemeanors.......   603
unmuzzled dogs.............   611                  enforcement of judgments by.   604
prostitutes..................   612               powers of Court.............   604
threatening behavior........   612                 payment to witnesses........   604
power of Magistrate, in case of                    fines......................   604
"disorderly conduct".....    612               jurisdiction  of offenses under.
duties of clerks may be prescrib-                    Health  Act...............  1060
edby Mnagistrates.............. 612       Superior, its jurisdiction  under
records to be kept.........   612                   Code.....................   617
statements to be filed by clerks,   612            terms of..................    618
compensation of Justices.....    613              ters, by whom  held.......   618
by whom  may be increased...   613                 judgments, where given.....   618
compensation of clerks.......   613               Criers, how  appointed.......   619
designation of clerks.........   613              salaries of Criers..........     619
clerks, howre moved.........    613               number of Judges..........    619
terms and sessions of Police                       term  of office...............   619
Courts...................    613               General Term, by whom  held.    620
Board  of Justices may  make                       Special Term...............    620
rules....................   613              appeals from  judgments......   620
robbery  from  person deemed                       officers attending............   625
grand larceny.............   614                to have six Justices..........   626
pickpockets.................   614                adjournments...............    626
clerk to be provided with seal,    614             confessions of judgments....   626
of Record, Clerk's office, when to be                 salaries of Justices.....627, 631
kept open................  1126                 seal........................   627
of  Special Sessions  of the Peace,                   clerk, how appointed........    627
by  whom  held...280, 573, 574, 575                writs, how tested............   627
where to be held..........             571, 577   rules, how established.......   628
judgments, how executed....   573                  process restricted............   628
fines imposed by.............   571               writs of subpoena............   628
how often held........... 574, 580               orders to stay proceedings....   628
Clerk  and Deputy  to be ap-                       fees of clerk...........   628
pointed...................   574               costs......................   629
duties of Clerk and Deputy...   574               judgments..................   629
transcript of convictions......    574             powers of Justices at chambers    629
authority to Sheriff to execute                    place of holding Court.......   629
sentence..................   574               Clerk may adjourn Court....   629
fines to be received by Clerk..   574              transfer of actions...........   630
transcripts of convictions to be                   special bail.................   630
evidence..................   574               suits, how brought in.......   630
salary  of Clerk  and Deputy,                      additional jurors..........           630
how  fixed................   575               proceedings, how  continued..   631
term  of office of clerks.......   575            summons to witnesses.......   631
power of Court on requisition of                   fees, how disposed of.......   631
prisoner..................    576              clerk's fees............   631
power of Court, when he omits                      equity jurisdiction...........   631
to. give bail..............   576               salaries of Judges may be inproceedings.................   576                   creased...................   634
right of appeal..............         576         vacancies of Judges how filled,   634




INDEX.                                       1355
COURTS-                                         CROTON WATERSuperior, jurisdiction where Cor-               penalty......................   641
poration is a party.........   635         contracts...................   641
Supreme,  additional terms   of                 contracts, when deposited......   641
circuit................   632    notice for proposals..........   641
sittings, how  appointed......   633         regulations of proposals.......   641
several circuits may be sitting               security on contracts..........   641
at same time..............    633          materials.....................   641
additional salaries may be paid               drafts for sums due............   642
to...................   633    report of payments....e.....   642
term  of office of Justices eight             excavation through State Prison
years.....................   633                at Sing Sing..............   642
election of Justices..........   633         lands in Westchester, how  to be
Judges assigned to this district,                  used....................   643
pay of...................   634   fences......................    643
jurisdiction where Corporation                passes over Aqueduct........    643
is a party.................   635         alterations in  line of road  in
CRANAGE, rates of (act 1813)....  1291                Westchester............   644
~~~~~CRIMES-     ~Aqueduct, how to be constructed,   647
CRIMES —
taxing  and  assessing  lands of
persons armed, with  intent to                       Aqueduct                           649
commit felony...........   611            Aqueduct to be completed accorddisorderly conduct defined......   611              ing to plan........                650
pickpockets.................    614            plan  of crossing Harlem  River
unmuzzled dogs...............             611        may be changed...........   651
prostitutes..................    612          Common Council may pass bythreatening behavior..........   612                            protei651
robbery from person...........   614
noxious things not to be thrown
CRIMINAL  Process, by whom  to                         in.....................   653
be served................    883          the Croton Aqueduct Board estabhow served...................   890                lished....................   655
provisions concerning..........   892          compensation of Commissioners,   655
CROTON  Aqueduct Beoard,                         ^duties and powers of Board of
See "Croton Water."                             Commissioners............   656
See "Croton Water." 
account of arrears.............  1273
See "Departments."
President, and his duties.......   656
CROTON WATER-                              
duty of Water Register........         656
act of 1833, organizing Board of                Water Purveyor, how appointed,   656
Commissioners............   637           clerks, foremen, mechanics, &c..   657
act of 1834, organizing Board of                bills, how examined and paid...   657
Commissioners............   638           Annual Report, when and how to
original plan of supply, how  to                     be made..................   657
be adopted...............    639   report of working plan.........   657
if approved, to be submitted to                 insertion of large mains........   657
electors..................   639          water tax, how far to extend..    657
if adopted, work to be proceeded                powers of Board to take lands...   658
with.....................   639           to make contracts for Aqueduct
Croton water stock............   639                and sewers..............          658
money, how to be applied......   640           penalties for injuring works...    659
entry upon lands..............   640           scale of water-rates to be estabestimate of damages...........   640               lished....................   659
amount to be paid.............   640            extra rents....................   659
ground under streets........          641      rents in arrear.................   659




1356                                        INDEX.
CROTON WATER-                                      DEAF AND DUMBwater-rents to be a lien........   660            New   York  Institution for the inprinted rules to be noticed......    660                struction of, duration extended    377
list of arrears of water-rents....   660             power of Directors........ 377, 378
arrears, how collected..........   662                term  of scholars.............   377
title of certain lands to  be ac-                     purchase of premises........           378
quired (5th and 7th avenues,                    power of  Superintendent  of
86th and 96th streets).....   662                 Common Schools............   378
title of certain lands to be ac-                      vacancies in pupils, how filled,   379
quired (near Central Park),    669              additional pupils  to  be  reNew Reservoir.................   669                   ceived....................   379
protection of Aqueduct from  in-                      expense of same.............   379
jury......................   671                entitled to share of Literature
contract  for  supply  of  State                        Fund....................             79
Prison....................   671                duration of act.............   379
relaying of pavements.........   673                  selection of pupils...........   380
Commissioners,  appointment  of,' additional pupils............   381
under act of 1833..........          637         charter renewed..........   381
their duty.................I.   637               additional pupils............   882
employment of engineer by...    637                duration of act..............   382
reports by..................   637                act of 1820 continued in force,   382
duration  of act for appoint-                      pupils, when to enter........   383
ment.....................   637                 how long to continue.......    383
vacancies, how supplied......    638              duty of Supervisors.........   383
expenses  incurred  by,  how                       acts continued.........   383
paid......................    638                additional pupils............   383
appointment of, under act of                       report of expenditures........   384
1834.....................   638                avails of labor, how  applied...   384
to adopt a plan..............   638        duration of act extended.....    384
to report....................   639               additional pupils............   385
plan, how to be ratified......   639               sale of lands to, confirmed....    385
further powers and duties....    640               certain pupils to be continued.   386
rent, arrears of, how returned and                    selection  of  pupils  (present
collected.................  1273                  system)...................   386
sales for, not to  be made until                      how   supported  (present  sysfour years.................  1275                  tem)....................386, 387
Stocks-See " Finances."                               charter renewed............   388
D.                           DEALERSDEAF  AND  DUMB-                                      in   Second-hand  Articles.   "See
New  York Institution for the instruc-                  Second-hand Dealers".... 443, 462
tion of, corporate style......   373   DEATSofficers......................   373
election...............    373        record to be kept by City InspectDirectors....................   374                   or........................   315
By-laws...................   374                Duties of physicians in certifying,
may receive gifts, &c........, 374                                             315, 444, 460
admission of inmates........   375               Interments, duties of Sextons in. 444, 460
certificate required...........    375           of transient persons, to be reported
indigent pupils, how provided                         to Public Administrator...   1035
for.......................          376
power of Supervisors........    376   DEEDSduty of Collec.                       8..........   376  of realestate to be recorded....    143




INDEX.                                        1357
DEPARTMENTS-                                      DEPARTMENTSduties of, may be assigned  by                    of Finance, Auditor of Accounts.   273
Common Council..........   276                duplicates of all contracts to
expenses not to be incurred be-                        be filed in................   278
fore appropriation.........   276            Law,  established   by   charter,
Reportsfrom, may be required by                        1857...................             275
Mayor,  Common   Council,                       Counsel to Corporation.......   275
etc.......................   276               Corporation Attorney........         275
ordinances, how applicable....   277             Public Administrator.......    275
Contracts  by, general provisions                 of Public Charities and Cbrrections.
respecting................    278                See " Public Charities and
sales of property by........278, 279                 Corrections."
Clerks of, their number how fixed,   272          Street, established  by charter of
term  of office...............   272                 1857....................   273
Teads of, their term  of office...    272            its powers and duties enumersuspension and removal of....    272                ated....................     273
powers of, in appointing  and                     its chief officer.............    273
removing subordinates..... 272                 its Bureaux.................    273
to report quarterly...........   276             Superintendent of Wharves...   273
to report upon request of cer-                    Bureau  of Repairs and  Suptain officials...............   276              plies................   273
not to be interested  in  con-                    Bureau of Lamps and Gas....   273
tracts....................   276              Chief Engineer, of Fire DeCity Inspector's, established......      275           partment.................   273
powers and duties............   275              Superintendent of Roads......   273
Bureaus in................   275                 Collector of Assessments...   273
Sanitary Inspection and Street                    Superintendent of Street ImCleaning.................   275                 provements...............   273
Records and statistics........   275           of Survey and Inspection of BuildSuperintendent of Markets...   275                 ings, created...............  1019
use of hydrants for cleaning                      Superintendent of Buildings..  1020
streets....................   276              Deputy  Superintendent......  1021
Inspectors  and    Sealers  of                    Inspectors of Buildings.......  1021
Weights and Measures......   276  DIRT CARTS, power of Common
of Croton Agueduct Board, estab-                       Council to regulate, &c...   592
lished....................   274  DISORDERLY  CONDUCT, power
powers and duties...........   274                  of  Magistrate  to   impose
Bureau of Water Registrar...   274                  fines.....................   604
Bureau of Water Purveyor...   274  DISTRICT ATTORNEYuse of hydrants for cleaning
salary, by whom  fixed..........    580
streets...................   276
prosecution of recognizances by.   593
Fire, Chief Engineer, election of,   272          report of in
report of indictments..........   615
his bureau established.......   273
of Finance, established  by char-              DISTRICTS
ter of 1857................   272          Assembly, defined..............   325
its duties and powers enumer-                  Congressional, defined..........        324
ated....................   272              Judicial, defined...............   324
its chief officer..............    272         Senate, defined.................   323
its Bureaux...........   272  DOCKAGE, Rates of, act of 1860..  1311
Collector of City Revenue....   272  DOCKS, leasing, charter provisions
Receiver of Taxes...........   273                respecting...................    279
Clerk  of Arrears............   273           throwing obstructions in, regulaCity Chamberlain............   273                  tions.....................  1297




1358                                     INDEX.
DOCKS-                                         EDUCATIONdeepening the water in, by whose               Board of, have powers of a corauthority................   1298              poration for certain purposes,   486
defraying expense...........  1298             must report estimate of sum to
throwing rubbish in.............  1304              be raised by tax...........   486
y^a_~~DOGS-                            &~1amount to be raised not to exceed $4 per scholar........   486
powers of Common Council in
must apportion school moneys
taxing and regulating... 443, 465                                    
among schools...   487
unmuzzled, owner guilty of disor-                   m                                appor
must file copy of apportionderly conduct............    612              m t............
ment.....................   487
DRAINS-                                             must regulate time of scholars
former powers of Common Coun-                       to enter Free Academy....   487
cil under act of 1787......  1181           must manage the Free Acadunder act of 1813.............  1190               emy.....................   487
DRUNKARDS, conviction and fine                      must  appoint  Committee  to
of......  588                govern Free Academy...... 487
must report condition of Free
E.  A-cademy.................   487
to provide for a Normal School,   488
EDUCATION-                                          to provide for Evening Schools,   488
Board of, made judges of election                 to appoint teachers for normal
and qualification of its mem-                  and Evening Schools.......   488
hers......................   484            to furnish supplies for schools
how constituted.............   484                by contract...............   488
powers of, in holding property.   485          to report condition of school
may appoint City Superintend-                    affairs yearly...............    488
ent......................   485             Clerk  to perform  certain dumay appoint Assistant Superin-                    ties.....................   489
tendents..................   485             powers in regulating duties of
may  appoint Superintendent                       Trustees..................   492
of school buildings........   485            to fix compensation of Supermay fill vacancies in school of-                  intendents................   493
fices in certain cases.......   485         to provide for classification of
may remove school Inspectors                      studies...................   494
in certain cases............   485           to provide for classification of
may remove school officers in-                    salaries...................   494
terested in contracts......    485          powers as to regulating use of
may establish new schools....   485              Scriptures...............   496
may draw school moneys.....   485             powers as to apportionment of
may make rules for the Board,   485                school moneys............   497
may make rules as to expendi-                  powers as to erection  of new
tures of school moneys....   485              schools.................   498
may continue the Free Acad-                    powers  as  to  discontinuing
emy....................   485                 schools...................   499
may organize a Free Academy                    Clerk authorized to administer
for Females..............   485               oaths....................   501
may control the building cor-                  appropriations by to whom  to
ner Grand and Elm streets.   486              be submitted..............   275
may provide additional build-                  how to be passed............   275
ings to carry out school act.   486  ELECTIONSmay dispose of personal prop-                regulationsfor, to be made by Comerty used in schools........   486            mon Council.............    280




INDEX.                                         1359
ELECTIONS-                                        ELECTIONSof  Charter  officers, provisions                 register of votes, what to conregulating..............   284                 tain......................   682
special elections of Charter offi-                in case of new election districts,   682
cers in equality of votes....   675          original list to be filed........    683
such elections, how  to  be con-                  meetings of Board of Registers..   683
ducted...................    675            proceedings of Registers to  be
Common Council to  provide for                         open.....................   683
holding poll............   675               names of non-residents  to  be
boxes at polls how to be num-                          erased....................   683
bered and marked.........   676              elector may require his name to
ballots for President and Vice-                        be recorded...............   683
President.................   676        may be challenged.............   684
form  of ballots for State officers.   676        four copies of Registry  to  be
ballots for Congressmen.......           676           made.....................   684
ballots for Senator..........            676     lists to be preserved............   684
ballots for Assemblyman......   677              duties of Poll Clerks...........   684
ballots for " City and County".   677             poll list and  register to  be atballots for Charter officers....,.   677              tached together...........   685
ballots for Judiciary.........    677       Board of Registers may appoint
ballots for Police and Civil Jus-                      Clerk....................   685
tices.....................    677      registers to  be open to inspecballots for School Officers...... 678                 tion......................    685
order of canvassing...........677, 679           compensation  of Registers and
proclamation of results.........   678                 Clerks...................   685
punishment for violations......   678            oath to electors..............   686
duty of Canvassers.............   679            false swearing by electors.......   687
vacancies in Canvassers....... 679, 687           lists for charter elections.......   686
duties of District Canvassers....   679           Inspectors of Election, how  apstatement of result............   680                pointed and term..........   687
Canvassers,  &c., when   candi-                   Canvassers, how  appointed and
dates for other offices......   680               term.....................   687
notification  to  Inspectors  and                 eligibility of Inspectors and CanCanvassers to take oath....'  680               vassers...................   688
stationery for polls............   680          alteration  of election  districts
compensation of Inspectors and                         restricted.................   688
Canvassers................   680        duty of Sheriff on receiving elecInspectors and Canvassers not to                       tion notice...............   688
act without taking oath....       681      Police arrangements concerning,   888
registry  of  voters,  provisions                 booths for tickets at..............   890
concerning................   681    for School Officers, regulations conBoard of Registry to be appoint-                       cerning...................   482
ed...............   681            ballots endorsed   " Common
to meet three weeks before elec-                       Schools ".................   484
tion......................   681              separate box for.............   484
oath........................   681  EMIGRANT  FUND, as  to  chillist of voters to be made.......   682                dren at Juvenile Asylum...   400
to sit two days if necessary....    682  EMIGRANTSSupervisors to  appoint Inspect-                 general provisions  concerning,
ors.....................   682          eembraced within pages 1089 to 1104
Inspectors, how appointed..             682      dying, effects how disposed of...  1077
qterm  of Inspectors..........    682             docks or piers may be obtained
quorum  of Inspectors..    682            for use of...............   1090




1360                                     INDEX.
EMIGRANTS-                                    EMIGRATIONto be landed on the emigrant                  Commissioners of general provipiers....................  1090             sions embraced with pages.
provisions respecting landing of. 1090,                                    1069 to 1104
1091     how appointed................  1078
penalty for violating provisions              their duties prescribed.........  1078
of act for protection of...  1091        vacancies, how supplied........  1080
landing of, from steamboats....  1092         to examine condition of passenpersons keeping boarding-houses                    gers................... 1074
to take out license.........  1092       powers in respect to changing
notice to be posted and filed of                   location of Marine Hospital.  1086
charges  in  the  boarding-              payments by,'to cities, towns.
houses...................    1093           &c.......................    1088
overcharges prohibited.........  1093    to license steamtugs, and for rerestriction as to lien of boarding-                moving emigrants.........  1102
house keepers on effects of,  1093       may designate landings........  1102
disputes between boarding-house               may construct wharves, &c.....  1102
keepers and...............  1093  ENTERTAINMENTS, theatrical, &c.,
runners to be licensed..........  1094             prohibited on Sundays..          969
appointment' of persons to give             EQUESTRIAN, performances.   See
advice to.................  1095
II"Circus."
persons booking emigrants for                                   regu       s.. 
ETHER, storing of, regulations..      996
inland travel to be licensed,
and regulations........        1095  EXCAVATIONS for buildings. See
"Buildings."
penalties and  forfeitures, how                         i gs
collected...............  1097  EXCISEcommissioners to report annucommissioneys to report ann-              Commissionersof, how appointed..   690
ally..........,..........  1097.powers and duties of Commisprovision  in  case  of deficient                  sioners.............691
funds....................  1098            licenses, how issued..........   691
rate of traveling fares prescribed  1098         Clerk of Board.                     691
fraudulently  obtaining  passage
fraudulently  obtaining  passage                granting of licenses regulated.   692
tickets from..............  1098
tavern-keepers to provide acselling tickets over price adver-                                                    693.commodations for travelers,   693
tised, penalty.............  1098
tavern-keepers to  provide acrunners not to board vessels....  1098..
commodations for horses...   693
Runners not to board vessels before landing of passengers..  1098          toputupsigns                        693
penalty....................   693
to be licensed...............  1092
further provisions as to licengeneral provisions concerning
ses........................   693
1092 to 1099
penalties for selling without
regulations as to rate inland paslicenses...................   694
sage, tickets, fares, &c..1099, 1100         l
steamts. for         duty of officers to arrest for
steamtugs, &c., for removing, to
be licensed....1102         violations of law..........   694
be licensed...............  1102
duty of officers to arrest inprosecutions under the act rela-.tive to, 1101                                toxicated persons..........   695
five  to....................  1101
punishment for intoxication..   695
landing of, place, how designated.  1102         punishment for itoxication.          695
furnishing liquors to intoxilanding places for, power of Health
>^  -.^ ~' ^ Xi~               ~ cated persons.............    695
Officer to designate.           12            c d pr........  1102
complaints by wife of huspcnalties under act in relation to.  1103           mplaints b   wfe  of husbands habitual drunkards..   696
baggage of, landing of..........  1104
transfer of part of commutation                  habitual drunkards and paumoney.10p...e. 1104                          pers..................,  696




INDEX.                                    1361
EXCISE-                                       FINANCESCommissioners of, liquors not to be           "The New  York City Stock,"
furnished on election days or                established (act of 1812)....   722
Sundays..................   696          "The New  York City Stock,"
penalties, how sued for.......   697            (act of 1820)...........         725
bonds, where filed........   697          "The New  York City Stock,"
suits for breaches of conditions                (act of 1826)..............   725
of bonds.................    697         $200,000 stock of 1828........   726
judgments on bonds......   697            "The Public Building Stock of
revoking licenses...........       697          the City of New York" (act
suits by individuals for viola-                 of 1836)..................   727
tion of act.......   697      "The Fire Indemnity Stock of
instructions to Grand Juries..   698           the City of New York" (act
employment  of intemperate                      of 1838)..................   728
persons, when prohibited..    698    loans for floating debt and interCommissioners to report.......   699            est (act of 1840)........   728
Clerk to take affidavits, &c..    700      "Building Loan Stock No. 2'
EXCURSIONS-See "Steamboats,"                         act of 1845).....729
EXHIBITI -  Building Loan Stock No. 2'
(act of 1846)..............   730
prohibited on Sundays.......... 969    $75,000 loan for work-house (act
theatrical  and  other  licenses                  of 1850).....      731
required for...                 969      "The New York City Five per
liquors not to be sold at.....   970              cent. Soc   for Docs and
EYE INFIRMARY (New York),                                  act of 1851).             72
supervision of expenditures,   426       "Pulic  Building Stock No. 3"
F.                              (act of 1851)..............   733
pFERRIES-                                       assessment bonds (act of 1852)..   734
$76,000 loan for worlk-house (act
charter provisions respecting....   279         5,000 loan fr w           e 
1853)....................      735
provisions of the colonial act of
1732......................              $40,000 loan for work-house (act
1732........ ~  703          of 1854)..................   736
provisions of act of 1801, con$170,000 loan for Tompkins marcerning  Ferries  to   Long 
ket (act of 1856)..........    737
Island...................       706                                            37
act concerning the Sinking Fund,
provisions of act of 1813, con(1859)....................     737
cerning  Ferries  to  Long                      59)                           737
~Isl an~d..           709. act authorizing  revenue bonds
sland....................     709............ J   n~~,to pay judgments......                 739
Steam  Ferry boats  to  Brook-                    to py ju         nts..          73
In   act of 1, to  en-" The Floating Debt Stock of the
lyn,  act of 1814, to  encourage............. City of New York" (act of
courage e*-*@L860)...................                                         74071
act of 1815, to  authorize Cor-                   1860)740
poration  to  erect wooden               act legalizing ordinances of Common Council.........             741
ferry houses.............   717..
1. For appropriation in defense
act of 1822, to regulate the fer-                                   
of National Union, &c.....   741
ries between New Yorik and
ries between New Yok and   7             2. For appropriation in aid  of
Long Island..............   718
families of volunteers.....    742
act of 1845 to appoint Ferry..
Commissioners.71. For appropriation in aid of
Commissioners.............   719 l                       
families of volunteers......    742
FINANCE DEPARTMENT-                            actof 1862, authorizing Superacts for the Board of Supervisors  1236          visors to borrow money and
See "-Departments."                          to issue Revenue Bonds....   742
86




1362                                      INDEX.
FINANCES-                                       FIREact of 1862, to reduce taxation                 Companies, how organized......   759
by applying surplus of Sink-                  when to be disbanded........   761
ing Fund.................   743           Department,  act  to  incorporate
"The New  York County Court.                         (1798)....................   748
house Stock".............   744              representatives, how chosen..    743
act of 1862, to provide for pay-                   officers chosen by representament of bonds of city for                       tives.....................   748
defense of National Union..   746             President and Vice-President..   748
"The Water Stock of the City                      Trustees...................   749
of New York" (act of May                      Treasurer...................   749
2, 1834)..................   639             Secretary...................   749
"The Water Stock of the City of                   Collector..............            749
New York" (act of March                       duties of Trustees..........         749
29, 1838)....          646        President of Trustees........   749
"The Water Stock of the City of                   Treasurer to give security.....   749
New York" (April 27, 1840)   648              Treasurer to render an account   749
"The Water Stock of the City                      Representatives  may  remove
of New York" (act of May                        officers for misconduct......   749
26, 1841).................   649             quorum for business.........   749
interest on Water Stock, how  to                   vacancy in Representatives....   749
be raised.................    62             vacancies in other offices.....   749
"The Croton Water Stock" (act                     number of Representatives to
of May 13, 1845)...........   653               make by-laws.............   749
"The Water Stock of the City of                   funds, how appropriated.....750,757
New York of the year 1845"                    to continue a body corporate
(act of March 12, 1849).....  654               (act 1816).................   752
Croton Water Stock of the City                   firemen to be members of (act
of New York"  (act of June                      1817).....................   753
20, 1851..................   660             recovery of penalties.........   754
" The Water Stock  of the City                    charter extended (act of 1831).   755
of New  York  of the year                    persons eligible to office in the
1854" (act of February 13                       Department...............    756
1857)..................          667        vacancies in office, how  filled.   756
election of Commissioners....   758
"The Croton Water Stock" (act                                  Commissioners            758
of April 14, 1860)..........   668           vacancies in Commissioners...   758
refusal or neglect of CommisCentral Park fund, establishment
of.27                                 sioners to serve............    759
tax to pay intere.  o.......    3           eligibility of Commissioners..   758
tax to pay interest on........   328.             o  e
certificate of election of CornCentral Park additionalfund estab-.lished..............                 missioners.................    758
lished...................   333
sale of stAock..............    334         clerks to be appointed by Comnsale of stock................   oo4
missioners................   758
interest on stock to be raised
by tax.8..................         34        organization  of volunteer fire
companies................   759
Central Park improvement lund, es-                         comp
complaints against firemen..    759
tablished.................   330
proceedings on violation of orpayment of interest thereon..   330
dinances..................   759
moneys, where deposited.....   831
moneys, wher  deCommissioners may make rules   759
further, act establishing.....    339
further,   t estabadministering  oaths  to  witCity tall Stock, act to create.....   430            nesses760
nesses...................   760
1FIRE-ARMS-Firing of, power  of                       false swearing deemed perjury,   760
Common Council to prevent   592              false representation of firemen    760




INDEX.                                    1363
FIRE-                                        FIREWARDENSDepartment, act to extend charter            power of Courts to restrain erec(passed 1858)..............   761          tion of buildings, &c.........   999
fire companies, when to be dis-          FIREWOOD, sales of, regulated...   475
banded...................   761  FIREWORKSCommissioners of Appeals, election           powers of Common Council reof........................     761           pecting..................         9
specting..................   592
vacancy, how filled..........   762         rng of, prohibited.990
when and how removed......   762             regulations  concerning,  by
oath......................   762               whom made.............   991
appeal, when to be made.....   762  F -
when decided...............   763
register to be kept........        763    buildings on, powers of certain
rules and regulations......... 763              oficerstodestroy.                45
stationery for..............    63         Extinguishment of, Common Council may pass ordinances....   991
duties paid by certain unincor-                               ordinances         991
poted  insurance  compa-,             Investigation of causes of, commisporated  insurance compa-'                          "
nies                            787          sioners to be appointed.....   992
forfetto......V.'.......    788           theirduty..................   992
forfeit to...................788   their duty                                    992
penalties to................. 789            testimony992
suits by, for such penalties...   789         origin...                         100
Prevention of, powers of Common
FIREMEN-                                            Council respectig.........   452
certificates  of  exemption, by                 Common Council may pass orwhom signed............   752                 dinances..................   991
to be members of the Fire De-                     See " Buildings."
par.tment.....                   753       idle and suspicious persons at,
maimed on duty, how provided                      may be removed.........451, 991
for.......................   753           storing of combustible mateclaims, how decided...........   753              rials.....................996, 997
families of, how provided for out          FLAX, storing of, regulations.....   996
of Fire Department Fund, 750, 757  FISHremoval from  one city to ano-                unsound, regulations..........446, 462
ther, how time allowed.....   755         oles, regulations for driving in
term of service of Firemen (act                   harbor...                 1306
1847).....................   756  FORFEITED RECOGNIZANCESterm of service of Firemen (act                   See  Recognizances.
See' Recognizances."
1848).......................      757
~~~1848).~'.           lFREE Academy-See "Academy."
how organized into companies..   759
cognizance of complaints against
firemen...................   759                           G.
falsely  representing   firemen
deemed misdemeanor......   760GAMING    OUSEScompanies, when to be disband-                powers of Common Council as to   465
ed......................   761  GARBAGEregistry of, to be kept..........   763    throwing in streets, regulations...    474
FIREWARDENS-                                  GARDENformer duties of, on  whom  de-                Horticultural, authorized........   475
volved...................   998  GASduties of......................   998    Meters, inspectors of, how  apreport to Common Council.....   998               pointed..................   764
provision  in case of non-con-                  term of office............       764
pliance with their orders...   998         salary...................... 764




1364                                   INDEX.
GAS-                                         GUNS-firing of, prohibited......   990
Meters, inspection of............   765
apparatus for testing.........   765                        II.
gas must be supplied on application, &c...............   765  HACKNEY  COACHESGas Company may require a                 powers of Common Council as
deposit7 7.,..,,                 66   to.p465, 599
deposit...,...... I.........  766        to...........................  465,  599
officer of company may enter              license fee determined..........   470
buildings to examine.......   766
HARBoRrefusal or neglect to pay for
gas............         766    jurisdiction over waters........   318
injuring gas pipes.....',......   767    bulkhead and pier lines, act to
laying pipe.................   767             establish............  1308
appointment of  Deputy  In-               obstructions in, regulations.......  1313
spector..............   767  HARBOR COMMISSIONERSsalary of Deputy............ 768    act to appoint...........               1301
works, throwing refuse in rivers,            their duties................   1301
sewers, &c., prohibited.....  1299    oath......................           1302
GENERAL SESSIONS-                              vacancies.....................  1303
See " Courts."                          number to act.................  1303
la-T n-d-c f   und ize water-See  appointment of officers.........  1303
GRANTS-of land under water-See
G RaN rT- "                   compensation.......1303
"Water.
GROUNDS-                                     HARBOR MASTERS —
appointment of...........  1319
low, power of Common Council                 terof office.....                  1319
respecting.           442, 463, 469 
4     4  bond...............         1319
made, digging in may be prevent-             districts1319
ed......................444, 463    duties of.....  1341
filled in on North and East rivers,1322
complaints against...........   1322
act authorizing sale to the             removal of........        1323'removal of...............1323
city.....................  1165    duties of, under harbor act.....  1307
GUNPOWDER-.       provisions concerning fees....  1320
regulations concerning, by whom              powers of, in assigning berths...  1321
made...........          991  HARLEM  COMMONS, acts for diskeeping of, provisions concerning.   993         posal............. 1158, 1160
Mayor may grant licenses to             HARLEM RIVER, building of Masell....................        993          comb's dam..............   772
quantity which may be kept..   993    planting and taking of oysters
vessels  having   powder  on                   in river........   773
board....................   994    building bridge across by Second
may proceed to sea or tranship                 Avenue Railroad Company..   774
powder.................   94    building bridge at Kingsbridge..   775
forfeiture for violation.......   994    act concerning bridges of New
MIayor to be notified of seizure   994         York and Harlem  Railroad
search to be made for gunpow-                  Company........                776
der......................   994    acts concerning the Coles, or Harpowder  seized,  where  con-                   lem  bridge, at Third aveveyed....................   995            nue..................776, 784
actions for damages.........    995    acts for removal of obstructions
ships of war...............   995             in river, and for a free bridge
seizure of powder during fire..   995          (1858)............. 778, 782; 783
storing of sulphur, hemp, flax,           exterior line of street......       859
&c......................   996    lands under water............    859




INDEX.                                    1365
HAY —                                         HEALTHbale, provisions against fraudu-              Officer, duties n respect to efects
lent packing............   479               of deceased persons........  1028
initials to be marked by deal-               his authority over the Marine
ers.......................   479            Hospital restricted........  1081
HAY SCALES, licenses, &c., under                  may be required to act as phyauthority of the Mayor....   479            sician to Marine Hospital...  1082
HBEALTH-                                    I     his power as to designating
landing places for emigrants  1102
Board of, how constituted......  1047
his authority in Marine Hospiwho shall be President.......  1047
tal defined................  1106
sessions held with closed doors
Public, general subject embraced
proceedings, how proved.....   472              b      n p6between pages..........1046-1069
may employ physicians.......  1048
a  empoy p0     regulations concerning......443, 463
to regulate intercourse with inpowers of Mayor and Recorder
fected places...............  1058
in giving certificates as to..   445
powers of, in reference to pub-                                     
-* h   ththe Mayor may make proclamlic health...          1061
ation of infected places....  1057
may establish hospitals...  1063
ayestablish hospitals. 10      inspection of buildings.......  1061
powers as to preventing spread 
Common Council may pass byof contagion.............  1063
63     laws respecting..........  1061
powers in removal of cargoes
powers in remoal  f c s         occupations prejudicial to, proof vessels.............  1063
visions concerning.........  1061
powers in  regulating  salted
powers in  regulick alien persons may be reprovisions,  hides,  cotton,                 moved.106
moved....................   1063
and rags........... 1066
and rags.1       removal of cargoes of vessels.  1063
powers to extend provisions of
report of infectious diseases by
the act in relation to public
health........... -    1068      physicians and others.....  1064
health.                        1068..
may appoint an agent....  1provisions as to packing salted
may appoint an agent........  1085 
provisions, &c.          1065
powers in supplying vacancies                   provisions,
in Health Commissioners,..  1104           provisions as to packing hides,
Commissioner, one of Board  of                    ss, andcotton.                  1066
Commrissionerts of Health...  1047        provisions as to packing rags..  1066
to give bond in $20,000.....  1047          ines and  enalties under the
to assist resident physicians..  1047.act, howdisposed of.....        106
dutiesin respect to moneys col-               rden, appointment of.            1060
lected.................uties of...                                           1061
Commissioners of, of whom  corn-           HELL GATE-Pilots.
posed...................  1047              See " Pilots."
vacancies, how supplied......  1104  HEMP-storing of, regulations.....   991
to account annually for hospi-           HIDES-unsound, regulations....446, 462
tal moneys...............   421
provisions respecting storage,
compensation for collecting....  10
&c,.......................   1066
hospital moneys                 423     IGHWAYSNIGHWAYS'
may contract for support of
sick ~seamen in hospital............   415    right of State in, ceded to Corporasick seamen in hospital....   415......
tion........................  12"08
to report..........              1064...... 12
Oicer, his duties prescribed....  1047          See  Roads."
assistant, how appointed.....  1047  HISTORICAL SOCIETY-act as to
one of Trustees of Seamen's                    establishment of a museum
Retreat...................   414     by, in Central Park........   345
may command services of po-             HORTICULTURAL GARDEN-aulice force.................   886            thorized..................   475




1366                                    INDEX.
HOSPITALS-may be established                 INTERMENTSby Board of Health........  1063    powers of Common Council in
under Alms-House, supervision of                  regulating................443 463
expenditures.............   426    duties of sextons.............44, 460
State, supervision of expenditures   426  INTOXICATIN    LIQUORS not to
on Ward's Island, supervision of                                                
be sold on Sunday......... 888
expenditures...............   426
HOSPITAL  M -      INTOXICATION-power of magistrates to impose fines.......   604
amounts of, and how collected..   415  INVASION-see' Militia."
Health Commissioners, compensation for collecting.......   423                        J.
account of, to be rendered......   423  JAILS
HOUSE  OF  REFUGE-                              buildings to be used as to be deSee " Juvenile Delinquents."                 signated by Common Council.......................   578
HOUSES' Tenement.
See "Buildings."                         buildings erected at Bellevue to
be deemed-(act of 1814)...   791
I.                         power of Common Council to designate jails-(act of 1824).   792
INFECTED   PLACES-Board  of                     re     l of 
removal of prisoners...........   793
Health  to  regulate  inter-             liberties, designation of..........   794
course with...............  1058
JUDGMENTSINSPECTORS~-                                    against city, Revenue Bonds, how
of lots, powers of Common Coun-                   issued for...............    739
cil in appointing......... 443, 463       fraudulent, how to be opened.   739
authority of................    443  JUDICIAL Districts defined.......   324
of vessels-see "Vessels."
JUNK SHOPSINSURANCE-.regulations concerning......    475
by unauthorized individuals.......   787    power of Common Council to
repeal of certain provisions...   787           regulate.................   591
exception.................         787
duty to be paid by agents of             JURORSunincorporated companies..   787    when to be drawn.............   795
accounts of such agents......   788    certified list of................   795
undertaking by such agents.   788    drawing of jurors.............   795
insufficient undertaking, pen-             drawing on new returns........   796
alty.................   788    new panels................    796
demand of security and duty..   789    summoning of new panels......   796
penalty for neglect to furnish.   789    qualification of jurors..........   797
notice by agents of change of              Commissioner of, to be appointed, 797, 802
place of business..........   789          his duty in selecting jurors...   797
penalty.....................   789    to try issues of fact, how drawn.   797
suits for duties..............   789    duty of Clerks of Courts........   798
arrest of defendant..........   790    collection of jurors' fines.......   798
INSURRECTION-see "Militia."                     penalty for refusing correct information.................   798
INTELLIGENCE  OFFICES-pow-                      summoned and not appearing..   799
ers of Common Council re-                 rovisionrespectingmilitarycom
specting..................   468    pasi especti.......... 
panics...............   799
INTEMPERANCE-Suppression of.                    Commissioner  may  administer
See "Excise."                                 oaths....................    799




INDEX.                                        1367
JURORS —                                          JUVENILE DELINQUENTSbooks to be provided.....    800      Society for Reformation  of, corprovision respecting firemen....   800                 poration created..........   418
Clerks of Courts to give notice to                  managers.................   419
Supervisors as  to  number                     elections...................   419
served....................   802               power and duties of managers,   419
Grand, selection of, by whom  and'               vagrants may be admitted in
how made.................   800                    House of Refuge...........   420
list of, to be made............    801             By-laws.............    420
contents and filing............   801               annual reports..............   420
drawing of Grand Jurors.......   801                children from other counties..   421
JUVENILE ASYLUMi, New York —                          Marine Hospital receipts......   421
creation of corporation.........   392              compensation to Sheriffs...    422
objects.......................    892               $4,000 per annum  to be paid
Board of Directors.............   393                 out of certain fund.........  424
vacancies....................   393                quorum of managers.........   424
quorum......................   394                 appropriation   for  buildings,
building site.................   394              plan of buildings, &c......   425
what children may be taken....   394               entitled to license fee for theform  of surrender of child......        94           atres, &c., also to penalties.     967
commitment of children to Asylum......................   395                                  L.
order, how executed..........   895
order,. ~LAMPS AND GASnotice to parents and guardians,    396
service of notice...........  396, 402            Bureau of, established..........   273
certificate...................          402           See also "Bureau."
children  when  to  be delivered                LAMPS, street, penaltyfor injuring,    804
up......................    396   LANDLORD and tenant, duration of
when  child to be removed  to                          terms, how limited........  1158
Asylum..................   396  LANDS, common,   act  to  settle
second arrest of child..........   397                 boundaries of............   1163
child, when to be discharged...   397             filled  in  on  North   and  East
children unfit for Asylum  to be                       Rivers, act authorizing  sale
returned.................    397                of, to the city.............  1165
binding out of children........   397            under water, cession of, to city. 808, 843
indentures not to be assigned...   398            pre-emption rights............   843
cruel treatment of child by mas-                  along Harlem  River...........          859
ter......................   398   LAW   Department.  See  " Departapprentices not to be restrained                       ments."
from  setting up trade.....   398
on death of master indenture                   L      E AND WATTS' ORPHAN
may be assigned..........   899OUSE
Board declared guardians of chil-                 preamble to act...............   388
dren.................   399      corporation created............   390
report to Legislature..........   899            style and powers of Trustees....   391
visit of Common Council......   399              officers.......................   391
means of support............   400       Trustees  to   receive  personal
tax for support.............           400           estate...................          391
children chargeable to emigrant                   bank shares, how to be disposed
fund.....................    400                  of.......................    891
schools  to  share  in  common                    general powers................   392
school fund...............   401  LEASES of public property, charter
funds for buildings..........401, 402                  provisions respecting......   279




1368                                     INDEX,
LIBRARIES, School, provisions con-            MARINE HOSP1TALcerning...................   502          Physician  of, his powers and
LICENSES,granting of, how proved,   472               duties...........    1082
to emigrant boarding-house keep-              salary..............          1082, 1106
ers...................  1092             Superintendent to report.......  1085
to emigrant runners............  1092    removal of, to Sandy Hook.                1086
to steamboats, &c., for removing              Chaplains o, compensation            1087
emigrants............... 1102  Health Officer, to have no conLiquor. See "Excise."                             trol of..........  1106
LIGHTERS, rates of wharfage....  1300
name of  owner to be painted                MARINERS' FAMILY ASYLUMon.......................  1307          to receive per centage from  Seacarrying ballast, regulations....  1315            mans' Fund and Retreat.. 416, 417
LINSEED  OIL, storing of, regula-               under whose control...........        417
tions....................   996    money, how applied............   417
LIQUORS, Intoxicating, not to be                 employees and their pay........   417
sold on Sunday............   888  MARINERS' FUND, to be paid to
sale of.  See "Excise."                            Seamans' Fund and Retreat,   409
LOAN-                                         MARKET BOATS, certain  wharfs
Commissioners, mortgages  taken                    reserved for...............  1295
by, where deposited.......  1123  MARKETS, powers of the Common
office of, where kept.........  1123            Council, respecting.........   470
Officers of the City, may assign            MARRIAGES
mortgages................  1137
collection of money by......  1137         Registry of, to be kept by those
account by................   1138                performing the ceremony...   315
~~~LOTS-        ~Clergymen's fees..                                       316
LOTS
Record of, to be kept by City Infilling, powers of Common Coun-                    spector...   315
cil respecting....... 442, 463, 469        fees to be received by City Invacant, filling, powers of Com-                    spector...    280
mon Council, under act of
181.3................          1191  MARSHALSassessments  for,  by  whom                 to  have  powers heretofore  of
made.............             1283          Constables................   533
to be resident of district........    33
M~.                         to execute bond............ 533, 535
suit on bond...                       533
MAGAZINES, care of, under the............
order to prosecute bond........   534
Militia Act...............   947                on bond                     34
judgment on bond.............    534
MANHATTANVILLE,  alteration                     me randum of judgment34
memorandum of judgment..... 534
of plan of City in.........   838        payment by sureties34
payment by sureties...........   534
MAP  of  City-See  "New  York,                   complaints against.............    35
city of."                                 removal of....................         35
MARINE COURT-See " Courts."                      renewal of bond..............   535
process to be served by.........   535
MARINE HOSPITAL-                                 fe of
fees of........................       536
general provisions concerning...  1083    duties of, in serving process from
vested in Commissioners of Emi-District Courts(see'Courts,
gration...................  1080               District")
receipts, portion applied to Society  for  Reformation  of            MASQUERADESJuvenile Delinquents......   421    prohibited...................   966
supervision of expenditures.....   426    penalty.....................    966




INDEX.                                      1369
MAYOR-                                         MAYORapproval of acts of the Common                 powers of, in removal of marshals   535
Council..................    270             in appointment of marshals...   536
vetoes, proceedings thereon.....   270           in respect to abandoned chilnot to be a member of the Com-                      dren.....................   591
mon Council..............   271             in connection with General Sesvacancies, how supplied.........  271              sions.....................   570
in case of absence or sickness....   271          in examining books of pawnduties of, enumerated..........   271              brokers...................   597
to make yearly statement to the                   in assigning Coroners' districts  1132
Common Council..........   271               in reference to stages........  1174
to recommend measures........   271            may grant licenses to sell gunto cause ordinances to be execut-                   powder...................   993
ed......................   271            duty of, on seizure of powder..    994
to supervise subordinate officers..   271      may make proclamation of into appoint clerks in his office....    271         fected places..............  1057
term of office..................   271    proclamations by, how proved....   472
election of....................   271            in respect to public health....  1068
removal of....................   271           salary of, original provisions reexecutive officer of the Corpora-                   specting..................   457
tion.....................   271          and Commissioners of Healthnominations by, how confirmed                     powers of, in reference to pubor rejected..............    271              lie health........... 1061 to 1063
duties of, after rejection of nom-             to  notify District Attorney  of
inations....1..............   2                offenses..................  1068
power of, in  supplying vacancy              MECANICS' LIENS-acts in reMECHAANICS' LIENS —acts in reof Comptroller............   272
lation to................  870, 873
power of, in suspending and removing  heads  of Depart-               MEDICINES-sale of, acts to reguments............   272          late....................875, 876
to act on appropriations for Board                           AN  POLICE-See
METROPOLITAN  POLICE   See
of Education..............   275 
of Educa tion. 27  "Police, Metropolitan. "
may require reports from Departments..................   276  MILITIAone of Trustees of Sailor's Snug               persons subject to military duty.   900
Harbor...................        404
exceptions....................   900
one of Trustees of Seamen's Re-                time of service, how computed..   901
treeatt.........    414      enrollment..................   901
President of Board of Health....  1047         rolls to be filed.....     901
duties of, in selecting grand jurors,   800    compensation for making enrollin reference to passengers arriv-                 ment                              902
ing at this port............  1072         time for filing rolls............   902
powers of, in issuing licenses to               assessment rolls and  poll lists
auctioneers..........            309          may be examined..........   902
in revoking such licenses....    309         tvern-keepers t  give informain calling on  physicians for                     tion.  902
opinions as to infectious dis-             penalties for refusal............   902
eases.....................   445         publication of completion of enin destroying buildings on fire,   450           rollment..............    902
in removing idle persons from                persons exempt to file statement   903
fires.....................    451        blanks for enrollment lists......   903
in regulating, &c., dealers in               foremen of fire companies to file
hay......................   479               list of members...........   903




1370                                       INDEX.
MILITIA —                                         MILITIAtime and place of filing exemp-                  of the organization of the Militia and
tions...................   903                  National  Guard,  Adjutantexempt persons not to be subse-                       General to issue commissions,   911
quently enrolled..........   903             staff of Commanden -in-Chief..   911
the reserve militia.............   903           Commissary-General........ 911
parade and inspection.........   904               Captains and other officers, how
fine for non-attendance.......   904                 chosen...................    911.amount to be paid by County                        staff of general officers........   911
Treasurer.................   904             Governor to commission......   912
bonds of Collectors, &c., to ap-                   removal of commissioned offiply....................    905           cers.....................          912
deficiencies to be a county charge    905          subordinate officers, how  appenalties of Collectors for neg-                      pointed..................    912
lect......................        905         vacancies..................         912
penalty to  be paid  to County                      notice of election.........   912
Treasurer..................   905             vacancy in field office........       912
of the organization of the. Militia and             vacancy in office of Captain or
National Guard..........    905                subaltern............               912
Commander-in-Chief to organ-                     notices, how served..........   912
ize into districts, &c........   905           return of service...........   913
the National Guard, of what                      return, how authenticated....   913
composed.................    906             officer to attend election......   913
Commander-in-Chief  to  ap-                      presiding officer.............   913
point and commission......   906              polls......................   913
non-commissioned officers....   906              canvass.....................   913
organization and discipline...   906             certificate of election.........   913
companies..................   907               vacancy  by  promotion, how
how filled up................   907            filled.................   914
officers..................   907               names to be sent to Commanddistricts....................   907               er-in-Chief..............   914
divisions, brigades, and  regi-                  appeal.....................     914
ments....................   907              appeal, how determined......    914
State may furnish uniforms...   908              appeal to Commander-in-Chief,   914
conditions.................   908       conduct of appeals..........   914
penalty for disposing of such                    commissions.........   914
uniforms.................   909          oath.....................   915
uniforms, how furnished......   909              copy to be filed..............   915
accounts to be audited........   909             fees.......................   915
books of tactics..............   909           vacancies in non-commissioned
companies, &c., to be num-                         officers...................   915
bered...................   909              elections, how conducted.....   915
officers, how chosen..........   909            special meetings of companies,   915
existing companies..........   910              votes necessary to a choice....   915
regimental officers, when to be                  resignations..................  915
chosen...................    910             when not permitted to resign.    915
brigade officers...........   910              regulation in time of war.....    916
supernumerary officers.......   910              vacancies, how filled.........   916
volunteers  received  in  any                    removal from  command......   916
company..................   910               qualification of voters........   916
change of residence..........   910              challenges...................   916
Major-Generals and  Commis-                      oath.......................   916
sary...................   911          commissions................   916




INDEX.                                        1371
MILITIA-                                         MILITIAOf the organization of the Militia and           Of the drills, parades, and rendezvous
National Guard, military corn-                   of the National Guard, and of
mission, their powers & duties   917             compensation for militia services,   924
compensation........917                         annual parade...............   924
when officers not eligible.....   917            six drills or parades annually.   924
incapable officers to be super-                  power of commanding officer..   924
numerary................   917                company parades............   924
Court of Inquiry for unfit officers   917        election days................   925
power of suspension..........   918             warnings...................   925
Organization of the Staff Department,   918         how served.................   925
staff of Commander-in-Chief,.   918              return......................   925
Major-General................  918              commandant's return........   925
Adjutant-General............   918              return to be evidence........   925
brigades...............     918        return of delinquents........   925
regiments...................   918              warning by commissioned  ofInspector-General............   918                ficers.....................   926
Engineer-in-Chief............   918             evidence....................   926
Quartermasters..............   919               term  of duty................   926
Commissary Department.....   919                 warning for company drills...   926
Paymasters..................   919               officers drills................   927
Hospital Department.........   919               publication  of orders for enChaplains...................   919                 campment................   927
Judge Advocate's Department,   920               penalty for neglect...........   927
Sergeants...................    920      meetings for exercise.........    927
Chief of Staff's Department...   920             reviews of diviions..........   928
rules of Staff Departments....   920              commandants of brigades to
blanks to be furnished........   920                 ttend..............   928
Organization of SBands of Musicians,   920          companyreturns forinspection,   928
bands, by whose authority or-                    returns of  field officerspection,   928
ganized..................   920               Brigade Inspector at encampbands to be subject to leader..   920               ments                               928
returns of leader...........  920              his returns... 
his returns........  928
return to be evidence.......   921
statement of reviews and indelinquents.................   921                 spections................. 929
how disbanded..............          921
how  disband.   91   excuse for neglect to attend...   929
Issuing and safe keeping of arms....   921
armrie91   By-laws of uniform  companies,   929
armories............-.......    921
violations of rules, how  punexpense to be a county charge,   921 
^   ^.   ^-,  ished.....................      929
renting of armories..........   921
0..... ^.             enlisting orders..............    929
armory to be subject to com- 
ma n        division commanders.......    929
manding officer..........          922
arms and equipments... 922         Commander-in-Chief may order
arms and ecquipments........   922
arms-~  and~  e.             parades...................   929
commanding officer to be responsible................   922               camps of instruction.........   930
time limited................    930
distribution of arms......... 922
penalty.............      922        artillery practice.............   930
keeper of armory............ 9-2      instruction in U. S. forts..         930
compensation...............   923 
compensation............            923        officers to be assigned to comrules......................        923           mands...................           930
bonds for safe keeping.......    923         ordnance to be furnished.....   930
penalty...................   923                camp equipage........9....    930
examination of armory.......   923              subsistence.................   930
camp equipage..............   923               expenses to be paid..........   931




1372                                        INDEX.
MILITIA-                                           MILITIACompensation for military services..   931         Regimental andBattalion Courts Afarcompensation.............   931              tial, appeal...............   938
amount of pay....             931         compensation to  members of
clerks to be employed........   932                   court............    938
Captain to make out  list of                       fines, to whom  paid..........   938
company.................   932                Penalties for violating act..........   938
list of officers to be made.....    933           penalties   on   commissioned
payment....................933                      officers...................   938
to be made annually.........   933                neglect to pay over moneys.             939
further rules for payment may                      fines..................                 939
be prescribed.............   933                refusal to act when elected...   939
Regimental Fund  and  Regimental                      discharge of fire-arms........   940
Board of Auditors...........   933              retaining commission.......   940
regimental fund.............   933                appearing in ludicrous dress..   940
Board of Officers.............   934               excuse for delinquency.......   940
meetings..............                 934         member of Court Martial.....   940
duties when convened........   934                exempt from  suit............   940
printing and pay of Board....    934              security for costs............   940
Treasurerto report moneys, &c.,   934            Collection of fines and penalties.....   941
Courts of Inquiry and Courts Mlar-                    list of persons fined...            941
tial.......................   934.  levy to be made.............   941
Court of Inquiry, how  consti-                     body to be taken............   941
tuted...................    934                confined in jail..............   941
to report evidence without de-                     officer to make returns.......   941
lay.....................   935                   new warrant may be issued...   941
trial of Major-General........   935              warrants renewed...........   941
Brigadier-General...........   935                fines to  be  paid  to  County
commissioned officers........   935                   Treasurer.................   942
charges and specifications, how                    additional bond required.....   942
served...................   935             General provisions as to all Courts
vacancies in court...........    935                 Martial and Courts of Inquiry..   942
challenges...................    935              subpoenas................    942
oath.......................   936                  administering oaths..........   942
sentence to be kept secret....   936              fine for disobeying subpoenas..    942
effect of sentence...........    936              attachment to compel attendwhen to be executed.........   936                    ance....................   942
proceedings to be sent to Ad-                      how executed, and costs......    943
jutant-General............   936                disorderly conduct..........   943
appeal.....................   936                  warrant, how served.........   943
compensation..............   936                   duty of Sheriff..............   943
accounts to be audited.......   936                presiding officer in absence of
Regimental  and  Battalion  Courts                      President................. 943
Martial...................   937                Marshals...................   944
court, of whom  to consist...    937              their powers................   944
appointment  of  court  to  be                     appeal papers..............   944
published.................   937                 further testimony on appeal..   944
vacancy....................   937                  renewal of warrants.........   944
oath.......................   937                 Marshals and other officers to
before whom  taken.........   937                   be prosecuted for neglect..          944
summons to accused parties..   937                 returns of delinquents.......   945
return.....................    937                delinquents to  be court marjurisdiction.................    938                 tialed................    945




INDEX.                                       1373
MILITIA-                                        MILITIAGeneralprovisions as to all Courts              Invasion and Insurrection, volunJlartial and Courts of Inquiry,                 teers to be accepted........   951
offenses against By-laws...   945           drafting..................   951
regulations of United  States                   acts of Governor confirmed...   951
Army to govern...........   945              invasion.....................   951
Duties of certain Staff Officers, and              notice to be given...........   951
other  matters  connected  with               regiments to be assembled....   952
their various Departments....     946        notice to County Judge....   952
roster of officers, description of              Judge  may order additional
districts...................   946             force.................   952
roster of divisions and  bri-                   wounded or disabled men....   952
gades....................   946           Riots, tumults, breaches of the peace,
books....................   946                  and resistance to process......   952
seal......................   946                suppression of riots, &c.....   952
printing and  distribution  of                  verbal orders................   952
Militia Laws..............   946            militia, how to be armed....    952
furnishing books, forms, &c..    946            officers  to   be  subject   to
Assistant to Adjutant-General.   946              Sheriff....................   952
of the Commissary-General........   947           disobedience, how punished..    953
care of arsenals  and  maga-                    penalty................   953
zines.....................   947             compensation...............   953
damaged munitions.........    947            Of Drafts of the Militia........   953
account of sales............   947             lots to be drawn............    958
drums, colors, &c., to be fur-                  exemption.................   954
nished....................   947             substitutes                          954
powder and ball for practice..   947            draft, how made.............   954
requisition..................   947            distribution of arms..........   954
annual report...........   948                senior officer to command..   954
account of expenses..........   948         Of the Military lFund of the State,
Judge Advocate to prosecute                       and ApropriationsforMilitary
bond.    948  Purposes.95
bond.....................    948               Purposes...................   955
Assistant Commissary........   948              moneys to be kept separate...   955
of the Inspector-General..........   948         appropriation...............    955
to visit and inspect..............        M948  Miscellaneous provisions..........    955
commandants  to furnish  in-.........rules and regulations.........   955
formation...............    948             certificate of seven years' servto inspect tents, &c..........   949ce
annual report.................. 949  certificate of membership.  955
matters referred to him......   949            arms, &c, exempt from  sale
reports to  be made to  him                       on execution.............   955
when required............   949             rules and regulations........   956
to visit encampments........   949             ordnance sergeants...........   956
to give instructions..........   949            exemption from civil process..   956
to  examine  books, &c., of                     military property to belong to
Boards of Auditors.........   949               State.....................   956
Assistant..................         950        penalty.....................   956
of the Judge Advocate-General.....    950        actions to recover...........    956
to examine cases that have                      toll-gates, &c., to be free....   957
been appealed............    950            honorary brevet.............   957
legal adviser of Staff Depart-                  compensation in case of riots..   957
ments....................   950              supervisors to pay...........   957
Invasion and Insurrection.......       951        acts repealed..............          957




1374                                       INDEX.
MILITIA-                                           NEW YORKAn act to enforce  the Laws and                   City of, its boundaries............    318
preserve Order..............    958          County of-boundaries establishdistribution of arms.......   958                   ed.......................   318
guard to protect Jail........   958              jurisdiction over surrounding
numbers....................   958            waters....................    318
revocation..................    958            Map, or plan of citycontracts with  uniform  corn-                    Commissioners appointed to lay
panies....................   958            out city (1807)........   806
guard, how commanded......   958                 vacancies...................   806
penalties....................         959        term........................           806
per diem allowance........    959              powers of Commissioners....    806
vouchers for service..........   959              entering on lands............   807
vouchers for expenses.......   959               maps, and where filed........   807
county charge..............   959                delineation of topography....   807
duty of supervisors.........           959        Commissioners  not  to   buy
money to be paid into State                          lands...................   807
Treasury..................   960      oath of Commissioners.......   808
temporary guard.............   960             plans adopted to be final...    808
expenses, how paid..........   960                compensation...............   808
penalty for resisting process...   960            construction of act..........   808
power of Sheriff to call out in-                  pleas in suits............   808
habitants..................   960               land under water............   808
declaration  of state of insur-                   cession of lands under water to
rection...................   960                 the city................   808
volunteer companies may  be                       remarks of Commissioners on
called out.................   961                conclusion of their labors...   808
penalties...................   961               square, called the Parade, repay of militia called into serv-                     duced...................   816
ice......................    961               Union place altered..........   818
expenses, how paid.........   961                continuation of Broadway..            818
First Division Districts..........   962        Market place................   819
division district..............   962            extension of Hudson street...   820
brigade districts.............    962            act relative to Harman street          821
regimental and  company  dis-                     extending the Battery (1821)..   822
tricts....................   962                  Market place"............   823
Organization of "New  York Volun-                    width of avenues A, B, C, and
teers".....................    962               D, altered................   824
MILK —adulterated or impure-                           permanent exterior line along
act to prevent traffic in.........   965          East river (1826)........          825
penalty for adulterating........   965             extension of Lafayette place..   826
cans and wagons to be marked..   965                exterior line on  North  river
MINT-exempt from taxation.....  1271                      (1828)....................   827
extension  of Mercer, Greene,
MORTGAGES-on personal property-                           Wooster,   and   Macdougal
recording of, under law of 1833.  1114                    st    s                          827
streets......................  827
taken  by  Loan  Commissioners                      extension of Lewis street.....   827
where deposited.
e1123 dmarket in Eleventh Ward....   828
N.' "Parade," plan of, abandoned,   829
extension of Fifth avenue....   829
NEGRO  MINSTRELS-Exhibitions-                          line of West street, near Albany
license required for.............   969                basin.....................   830
liquors not to be sold at......   970             Stuyvesant street established..   830




INDEX.                                      1375
NEW YORK-                                       NEW YORKMap, or Plan of City,                                                  extension place  of
established................   831              Broadway.................   847
Lexington avenue...........   832              alteration of One Hundred and
Amos street extended........   833                Fifty-fourth street.........   847
Wooster street extended......   833             extension of Eleventh avenue.   847
Tompkins square...........    834              part of Eleventh street disconalteration  of Fourth  avenue,                     tinued....................   848
from   Thirtieth  to  Thirty-                 alterationof Thirty-third street,   849
fourth street..............   834            completing line of Broadway..   849
widening Wooster street......   835            square at Broadway and TwenAmos street................    836                 ty-fifth street.............    849
widening avenue C..........   836              part of Sixty-fourth street disregulation between Thirteenth                      continued............      850
and Twenty-third streets, and                 Broadway  and  Bloomingdale
First avenue and East river,   837              road.....................   850
Manhattan street............   837             Madison square..............   852
certain  streets in Manhattan-                  Dry Dock street............   852
ville altered, &c...........   838           Stuyvesant square...........   853
Mount Morris square.........   838             Broadway  and  Bloomingdale
extension of One Hundred and                       road.....................    853
Eighteenth, One  Hundred                      extension of Washington street,   858
and  Nineteenth, and  One                     Exterior street along Harlem
Hundred   and   Twentieth                       river.....................   859
streets....................   839            closing of Bloomingdale square,   860
square at junction of Eighth                    Central Park.-See  "Central
and Art streets............   840              Park."
extension of Sheriff street....   840           extension of Fifty-fourth, FifStuyvesant square...........   841                ty- fifth,  and   Fifty- sixth
Madison square..............   842                streets....................   860
Exterior  street  on   Hudson                   widening   of  Broadway   or
river....................        842           Bloomingdale road........   861
extension  of streets to Thir-                  Battery place...........   861
teenth avenue.............   843              widening of part of Seventh
alteration of Forty-first, Sixty-                  avenue...................   862
eighth, Eightieth,  Eighty-                   laying out streets north of One
first, Eighty-second, Eighty-                   Hundred   and   Fifty- fifth
third, Eighty- fourth, and                      street....................    863
Eighty-fifth streets.........   843          continuation of East street....   867
extension of Fourth avenue..   844             extension of Madison avenue    868,
extension of One Hundred and                                                          869
Seventh  and One Hundred                      Sylvan place................  869
and Eighth streets.........   844          Wards of, established..........   318
widening  of part of Fourth                     First Ward boundaries........   319
avenue...................   844             Second Ward boundaries....          319
extension of Lexington avenue,   845            Third Ward boundaries....            319
discontinuance of parts of One                  Fourth Ward boundaries......   319
Hundred and Fifteenth, One                    Fifth Ward boundaries........          320
Hundred and Sixteenth, One                    Sixth Ward boundaries.......   320
Hundred  and  Seventeenth,                    Seventh Ward boundaries....   320
One  Hundred  and  Eight-                     Eighth Ward boundaries.....   320
eenth, and One Hundred and                   Ninth WVard boundaries......   320
Nineteenth streets.........   845           Tenth Ward boundaries......   321




1376                                    INDEX.
NEW YORK —                                    OILWards of, Eleventh Ward bound-               Linseed, storing of..............    996
aries.....................   321    of Vitriol, storing of............   996
Twelfth Ward boundaries.....   321  OMNIBUSSES, powers of Common
Thirteenth Ward boundaries..   321              Council to regulate........   599
Fourteenth Ward boundaries..   321  OPHTHALMIC  HOSPITAL  (New
Fifteenth Ward boundaries...   322              York), supervision  of exSixteenth Ward boundaries...   322              penditures................   426
Seventeenth Ward boundaries.   322  ORDINANCES
ORDINANCESEighteenth Ward boundaries..   322,Corpioration, how proved........   471
Nineteenth Ward boundaries..   323.or, how proved471
to continue until repealed....   473
Twentieth Ward boundaries..   323
to be enforced by police.....   884
Twenty-first Ward boundaries.   323  ORPHAN H, Lee    Watts'.
Twenty-second Ward  bound-See    eake f Watts.
aries......................      323
Volunteers-See "Militia."                                      P.
NOTARIES PUBLIC-                             PARIKnumber not to exceed four hun-                Ciy Hll, act to authorize Cordred may be appointed.....  1129              poration  to  sell  to  the
one hundred in addition may be                    United States........  1164
appointed............ 1130    Central.  See "Central Park."
one hundred additional may be                 forticultural Garden in, provisions
appointed1130                                concerning................   475
two hundred additional may be              PARTYWALLS-See   Buildings."
appointed............... 1130  PASSENGERSNUISANCES-                                      arriving at this port, to be reindictments for, in certain cases,                ported..................   1071
where tried...............   580    arriving at this port, bonding of, 1072,
record  of  conviction  in  such                                                  1074
cases.....................    80    their condition to be examined..  1074
Common Council may abate....  1062           bonded, provision in case they beremoval of....................  1062              come public charges.......  1077
0.                       PAWNBROKERSOATH of City Ofi cers, how  taken,              powers of Common Council, in
and where filed............   279
to give bond..................        462
OFFAL, throwing in streets, regula-                give bo
tions concerning...........   44    examination  of  books of, in
ticns concerning..              474
search of stolen property...   697
OFFICERSPAVEMENTS,  relaying  of,  by
Charter, not to hold other offices.   270         Croton  Aqueduct  Departprovisions as to receiving fees                 ment, proceedings for......   673
and emoluments...........   270
PEACE —
City, bonds of, regulations.         276  PEACpenalty for violating provisions of, power of Common
Cou ncil...................   691
of charter.................    279
oath of.279er......... powers of Board of Police reoath  of.....................     279
specting...................      883
charter regulations as to per-             beces o       ee " M.
quisites fees &cbreaches of —See " Militia."
quisites, fees, &c...........   280
salaries, how prescribed.....   280  PENALTIESbribery of, charter provisions             under the act relative to public
respecting................   281             health, &c., how recovered,
presentment of, by Grand Jury   218                                         445, 464




INDEX.                                     1377
PENALTIES-                                    PILOTSless than twenty-five dollars, suits          Board of Commissioners of, vacanrespecting................   446              cies, how supplied.........   977
suits for, for violation  of Cor-                oath of office...............   977
poration Ordinances........    554          Secretary of.................   977
PERFORMANCES-                                      office, where established....    977
Theatrical and other, license re-                duties of Secretary..........   977
quired for................    969          to license pilots.............   977
liquors not to be sold at......   970         examination to be made before
prohibited on Sundays.......   969               granting license............   978
PERSONAL MORTGAGES, record-                        recognizance to be given....    978
ing of, under law of 1833..  1114  have power to regulate pilot
PHYSICIAN  of Mlarine Hospital-                      boats.....................   978
See " Marine Hospital."                     rates of pilotage............'979, 980
PHYSICIANS —3<_.......... may provide rewards.........   981
may    examine    complaints
duties of, in reporting deaths                          ainst pilot.981
and bis.35                                 proceedings in such case......   982
in respect to certifying deaths,  444,.
may sue for penalties........   982
460
have no control over Hell-Gate
may be required to give opinions
as to infectious diseases   445.9
recover fines from steamboats,  1303
may be employed by Board of..    p1306
duties and powers...........  1306
Health..................    1048..to notify owners to repair
practicing, may be required to re-                 wharves...............  1312
port infectious diseases..... 1064appointmentof972.Hell-Gate, appointment of.......    972
PICKPOCKETS-crime by, defined.   614               apprentices  to  serve  three
PIERS-  years.....................  972
leasing, charer provisions respect-              rules for, to be established by
ing                              27.9         Port Wardens.............   973
ing......mp..tsagint  ndr og279
powers of Common Council in                      complaints against, under cognizance of Port Wardens...   9c73
causing, to be built........   448                              Waens          97
examination    of  complaints
extending  from   the   exterior                 examination   of   complaints
streets, act of 1801.........  1186          against.973
in  front  of South  and  West                  regulations as to boats.......   974
streets, how to be made....  1294           rate of pilotage.........           974
no buildings to be built on......  1295          allowance for extra services...   975
construction of, by Corporation                  rights of pilot first tendering
and individuals jointly.....  1296            his services...............   974
notice to sink, how given......  1296           none others to convey vessels
powers of Common Council, to                       through Hell-Gate.........   974
regulate............  1297       Sandy Hook, by whom  licensed..   977
encumbering, regulation......... 1305            examination to be made before
unloading of heavy merchandise                     granting license.                978
a........................  g1305            fees on inward bound vessels..   979
reservation of, for steamboats...  1310          fees on outward bound vessels,   980
line of, regulations............  1314          addition to full pilotage......   980
See " Wharves."                            in cases of detention.........   980
^~~~PILOTS-  ~pilotage, how payable........   980
PILOTSpay of pilots when carried to
Board of Commissioners of, estab-                  sea......................   980
lished....................   976           for services rendered in the
how appointed..............   976              harbor...................   981
87




1378                                      INDEX.
PILOTS-                                          POLICESandy Iooc, masters of vessels to               Commissioners, powers concerning
account to pilots...........   980             steam-boilers..........    898
pilots may be suspended......   981           Superintendent, duties and powers
complaints against, by whom                        of....................             887
heard....................   981              rulesto bepromulgatedthrough    879
proceedings on complaints....   982            is executive head of the Police
coasting vessels under three                      force                               879
hundred tons, need not em-                    has control of force subject to
ploy.....................   9S2            the Board of Police.......    879
when  employed  by  coasting                  Inspectors of, who eligible to apvessels, their fees..........   983             pointment................         880
persons acting as, without li-                  provisions respecting.......    885
cense, penalty.............   983             assigned to sub-districts......   878
the provisions of the law  not                Precincts in districts, how  estabto apply to steam  coasting                     lished                             878
vessels, owned in the United                  Captain and other officers to be
States....................   984                assigned to each...........   878
duties of, as to vessels subjecttain, one to   e  aigned  t
Captain, one to be assigned to
to quarantine...........   1051             ea     pein
each precinct.............   878
PITCH-                                               who eligible to appointment..   880
Storing of, regulations..........   996           duties and powers of.........   887
PLAN of City-See'New York, City                 Sergeants, who eligible to appointof."                                            ment.....................   880
~~POISONS- ^how  assigned to duty.......    879
POISONSsale of, act to regulate......... 87           Surgeons, number and how  apSale of, act to regulate.........    876             pointed.................   882
pointed...............   882
POLICE-                                              districts to be assigned to...   879
District of Metropolitan  Police                   duties of................... 891
defined...................   877          Patrolmen, number of, how fixed,   879
Commissioners, number of, and how                  special, for extraordinary occaappointed................    877                ions.....................    880
constitute Board of Metropoli-                  special without pay, appointtan Police..............   877                 ment of..................   881
to draw lots for terms........   878          Force, members to hold office durnot to accept any other office..   878             ing good behavior........ 880
to  supply  vacancies in Police                 members, how  removed from
force in certain number....   879              office.......                     880
to   promulgate  rules,  &c.,                   members to be citizens of Unithrough the Superintendent,   879               ted States.8........    880
power of, to appoint special                    members must not have been
patrolmen................   880                convicted of crime.........   880
President to be appointed.....   882           members must be able to read
his powers and duties........   882                and write in English.......   880
Treasurer, and his duties.....   882            members must have  resided
may appoint clerks...........   882               within district five years...   880
may appoint surgeons........   882             vacancies in, how supplied....   879
may appoint doormen........   882              withdrawal of members, reguoffice of............   882           lations..............   881
to furnish information to other                 members-of, to serve criminal
authorities................   883               process..................   883
general powers of, as Board of                  powers and duties of, prescribed   884
Police....................       883         arrests  by..................       886




INDEX.                                          1379
POLICE —                                           POLICEForce, suspension of members...    886             Metropolitan, special  patrolmen,
duties of, in respect to gaming                      when to be appointed......    880
and disorderly houses......         37         special patrolmen, without pay,
members not to receive pres-                         when may be appointed.               881
ents.....................   895                policemen  may not withdraw
concerning rewards..........   895                   without permission........   881
disabled members, &c........   895                President of Board of Police to
powers  of  as  inspectors  of                        be appointed..............   882
hacks....................   594                powers and duties of President   882
omnibusses...............   594                duties of Treasurer..........   882
cabs...................   594                 clerks and surgeons to be appublic porters.............           94           pointed...................   882
inspectors of carts.........   594              office and business accommodakeepers of lands and places.   594                 tions............    882
Station-houses, how established...   883             all criminal  processes  to  be
provisions concerning........   892                 served by................   883
doormen, how appointed.....            882         Board of Police to furnish inTelegraph, provisions concerning.    892                formation, &c.............   883
reyulations, injuring  lamps, win-                    powers of Board of Police....    883
dows, porches, &c.........   804                false  swearing  before  Board
rules and regulations of, by  whom                      deemed perjury...........   883
established...8...........         884         Board may  establish  stations
Sanitary Police Company and their                       and sub-stations...........   883
duties....................   890               rules and regulations of police,
property taken by, provisions con-                       how prescribed............          884
cerning...................   896                members of police to possess
investigation of causes of fire...  1000                powers of constables.......   884
setropolitan, act to organize......   877            duties of the Police Force..           884
district established...........   877             may  arrest  certain   persons
powers and duties, in  whom                           without warrant............    885
vested....................   877               Deputy Superintendent.......   885
three Commissioners to be ap-                      Constables in certain parts of
pointed..................    877.                 the district, their powers..885
Commissioners to draw lots for                     Supervisors to  raise money to
terms of office.........            878            sustain the police..........    886
Commissioners not to  accept                       members of, privileged  from
any other office............   878                certain duties.............   886
commission of appointment to                       report of arrests by members
be issued.................   878                   of force..................   886
Commissioners to take place of                     detention of witnesses.......   886
those under former act.....    878              suspension  of members of the
district to be divided into pre-                      force.....................    886
cincts.....................   878              quarterly  reports of SuperinBoard of Police to  fill vacan-                       tendent..................    887
cies...............           879        powers of Superintendent and
quota of patrolmen..........   879                  Captains..................   887
voters in towns to determine                       duties of police as to gaming
number of patrolmen.....    879                   and disorderly houses......   887
members to hold office during                     intoxicating liquors not to be
good behavior.............   880                  sold on Sunday............   88
vacancies in police force, how                     regulations as to elections and
filled.....................   880                 election day..............   888




1380                                    INDEX.
POLICE-                                      POLICE COURT-  See " Courts."
Metropolitan, certain books to b           POLICE  JUSTICE, powers of, to
kept...............   889
kept.........      889          act in absence of Coroner.   1131
warrants of appointment to be
issued.............   889.POLICE  AND  HEALTH  regulaissued....................   889
tions.......443, 463
security and oath of office of443, 463
subordinates..............   889  PORCHES, penalty for injuring...   804
patrolmen  to be detailed  at            PORK, unsound, regulations... 446, 462
election polls..............   890  PORTpoll clerks to be appointed by
Commissioners............   890           ptinof, to be appointed......   1319
terml  of office...............   319
distribution of tickets at elec-              t     of ce119
lions......   890              bond......................  1319
criminal process to be served                 dties......................  1319
by members of...   890               provisions concerning fees-.. 1320,
Sanitary Police Company....       890                                    1322,1323
removl of..................  1323
duties of Sanitary Police Co-                 removal of1323
pany....................   890  PORT REGULATIONSBoard  may  cause  tenement-                Port Wardens to examine cargoes
houses to be cleansed......   891            on request...............        986
proceedings in such case, how               damaged goods, how noted.            986
reviewed.................   891    presumption of improper storage,   986
duty of surgeons...........   891    survey of injured vessels......   986
telegraph........       892    account of survey, how kept...    986
expenses of criminals to be a              injured vesselsand cargoes, under
county charge...........   892                whose co     ance                986
whose cognizance..........        986
station-houses, &c., to be pro-             sales of condemned vessels, under
vided....................      892
vided a....................   892...whose cognizance........   987
accommodations.............   89203
act 1857......................    1303
expenses of criminals to be an-            bulkhead and pier lines, act to
- nually estimated....         893          establish...................   1308
Boards of Supervisors to raise              obstructions in...........          1313
amount of assessment.....   894.....       PORT WARDENS —
moneys to be paid into and
from  State treasury........   894    Board of, established...........   985
salaries....................   894                 composed                      98
members not to receive pres-                  how classified.............   985
ents.....                      term of office................   985
removalof..................   985
meritorious services, how  re-........
warded................           895       suspension of.........         985
proceeds of fines, gifts, &c.,               appealin case of98
how disposed of...........   895          may appoint a Secretary.            985
provision for  members  disa                    ay fix his salary....    985
bled                             895       Secretary's duties...........    985
property taken possession of by               oice, where  ept..             86
police.896                                a majority to attend office
claims  to  ownership,  how                     daily..                          986
made..................   896            have exclusive right to perproperty taken, how disposed of   896           form  duties..986
property desired as evidence.   897         their duties prescribed.....986, 987
present incumbents to continue                no other persons to perform
inoffice-                        897          prescribed duties.......988
in-office................    897             prescribed duties.........   988
ordinances  of New York and                  penalty for violation........   988
Brooklyn to be enforced....   897         fees of, for surveys.....   988




INDEX.                                       1381
PORT WARDENS-                                   PUBLIC ADMINISTRATORBoard of, account to be sent to                 when executor, widow or relative
Comptroller.................   989               entitled to letters..........  1029
their powers, in  recommending                  effect of such letters..........   1029
Hell-Gate Pilots...........   972    previous expenses to be paid....  1029
may establish  rules for Hell-               letters, when  to  be granted to
Gate Pilot s...........   973.Gate Pilots...............   3          Public Administrator......   1029
have cognizance of complaints..
notice of administration, when to
against Hell-Gate Pilots....   973                 ve n                           10
begiven..................  1030
Special for the Quarantine, duties and fees..9...........   980
affidavits, &c..................  1030
PORTERS, Public, powers of Com-                   af.                          1030
effect of filing affidavit..1030
mon Council, to regulate... 599
powers of Administrator before
PRE-EMPTIVE RIGHTS, held in                            letters...................   1030
common, acts concerning...  1161           notices to be given  to foreign
PRISON, erection of building for                       consuls...................  1031
Commissioners for.........   605           assets to be delivered to lawful
PRISONERS, house for detention                         executor..1031
of, Commissioners to erect..   605    powers  of   sub-Administrator,
when superseded.........  1031
PRIVIES,  powers  of  Common
Council irguat.             44346. AA A assets to be delivered..........  1032
Council, in regulating.443, 463
suits not to abate...........  1032
PROSTITUTES, guilty of disorder-                  rights, powers, and duties of Publy conduct..............   612                  lie Administrator..........  1032
PROVISIONS-                                       deposit of moneys.............  1033
unsound,  powers  of  Common                    how drw   out................  1034
Council, respecting.......446, 462         advances to relatives...........  1034
salted, packing of, regulated by                 nnual account....                     1034
Board of Health...........  1065           to be published................  1034
penalty for omissions...........  1034
PUBLIC ADMINISTRATOR-                 responsibility of the Corporation
office established..............   275               for his acts............   1034
how appointed, and tenure of his                papers to be delivered to successoffice..................  1025                or........................  1035
oath and bond................  1025            death of transient persons to be
commissions and salary.........  1025                reported..................  1035
his authority.................  1025            penalty for neglect.                   1035
order of Surrogate, when necessary...................          1026  PUBLIC  CHARITIES AND  CORwhen order to be granted..             1026          RECTION
subpoena to  discover concealed                  Department of, created..........  1036
effects....................  1026          Commissioners of, how appointed..  1036
how served and enforced........  1027             term of office...............  1036
examination of witnesses.......  1027              vacancies..................  1036
warrant, when to issue........    1027            to take oath.................  1036
bond to stay warrant.........  1028               to constitute a Board of Control
duty of Health Officer in certain                    of Almshouse, &c..........  1037
cases....................  1028             may appoint, and remove, and
perishable property..............  1028           define duties of subordinates  1037
notice, when to be given.......... 1028           to be subject to duties, and
notice, how served and published,  1028              possess powers of Commisgranting of letters may be con-                      sioners of Almshouse.......  1038
tested...................  1029              moneys, how expended......  1038




1382                                        INDEX.
PUBLIC CHARITIES AND COR-                         QUARANTINE~~RECTION~~- ~cargo and passengers to be landCommissioners of, persons commit-                      ed......................  1053
ted, how detained.........  1038            ventilation and cleaning of vespersons confined in Workhouse,                       sels......................  1053
how employed.............  1038              cargo, &c., may be destroyed....  1053
hours of labor..............  1039             persons, &c., not to leave quaranmay open  account with  pau-                         tine until after fifteen days.  1053
pers......................  1039            permit to proceed to New York.  1053
to keep paupers and criminals                   vaccination...................  1053
separate.................  1039              Health   Officer  to  administer
requisition of subordinates to                       oaths.....................  1053
be in writing..............  1040           Health  Officer may arrest those
reports to, by subordinates....  1040                absconding................  1054
certain  persons in Almshouse                   care of the sick...............  1054
to be transferred to Work-                   care of indigent emigrants...... 1054
house....................   1040            Health Officer may permit cargo
employment of children......  1040                   to be shipped for sea.......  1054
may make rules and By-laws..         1040       vessels at, to be designated by
may add to, or improve build-                        colors....................   1054
ings....................   1040              lighters not to be employed withmay apprentice and bind out                          out permission..........  1054
children..................  1041     passengers to be provided for by
to make annual report........  1041                 master of vessel...........  1055
raising of moneys for use of,..  1041           persons  charged  with   offenses
removal for misconduct......  1041                   may be confined on shore...  1055
may appoint anattorney......  1041              appeal by persons aggrieved...   1055
PUBLIC  PLACES_-............ return of facts on appeal.......  1055
decision......................    1055
opening of, method of assessment
f.......................            offenses against the laws of, prefor.......................  1210        5
scribed...................  1057
proceedings of Commissioners.   1211
vessels. arriving  from    infected
See" Streets, Opening."......
places....................   1057
Q                             duties and penalties of masters
of vessels................  1058
QUARANTlIE —
~QUARANTINE~~- ~violation of laws by other perof vessels prescribed...........  1050                sons..................            1058
anchorage at....:..........  1049                communication with vessels proregulations as to vessels at city                      hibited without permission
wharves.............. 1050, 1055,                of Health Officer...........  1059
duties of masters of vessels.....  1051           change of location of hospital to
regulations as to breaking bulk.  1051               Sandy Hook..............  1086
duties of pilots................  1051           coasting  vessels, regulations as
vessels  bound   East  may   go                        to......................  1105
through Sound............  1051              station, act for removal of.....  1106
treatment and duties of vessels,                  grounds at Castleton, how  to be
articles, and persons under                       disposed of................  1108
quarantine................  1052            proceeds of sale, how  disposed
Health  Officer to  board  every                       of.......................    1109
vessel...................  1052             Special Port Wardens for, how apresidence of Health Officer......  1053                pointed...................   988
Health Officer to remove danger-                     duties prescribed............   988
ous vessels................  1053              fees.......................   988




INDEX.                                     1383
R.                        RECORDERRAGS-provisions respecting stor-             provision for election of........  1134
RAGS —provisions respecting storage, &c....................  1066       term of office three years.......  1134
vacancy, how filled............  1135
RAILROADS-                                      salary, how fixed..............  1135
New York and Harlem-                          not to be a member of the Cornact of 1832, to incorporate...  1139            mon Council.............   271
road to be extended..........  1139         one of Trustees of Sailors' Snug
capital stock................  1139             Harbor...................   404
construction................    1139    powers of, in giving certificate as
carriages, how drawn........  1139              to health of the city.......   445
safeguards..................  1139           in destroying buildings on fire   450
rate of speed...............  1139            in removing idle persons from
may lay double track........  1140              fires.....................   451
may use steam in certain places  1140         in respect to abandoned chilrights and privileges extended,  1141            dren..................   591
City, not to be laid but by author-              in respect to assessment lists
ity of Legislature........  1141             and their confirmation......    480
powers of Common Council re-                salary of, by whom fixed.......   573
stricted..................  1146,           may be increased............   573
1149, 1152, 1154, 1157         how increased...............   634
Second avenue, act concerning...  1140  RECORDS-Commissioners of, act for
Ninth avenue, grant of Common                      the appointment of........  1126
Council confirmed.........  1141  REGISTERtrack may be laid and operated  1142        office of, established...........  1112
right to use streets and avenues,              fees of............  1112
how acquired..............  1142          certified transcripts by, made lethrough  South, West, and  other                   ga  evidene..                    111
streets, act concerning.....  1143    to make indexes..........  1113
throughAvenue D, and other streets,            duties of, prescribe......1114, 1116
act concerning..........  1146           account of fees to be kept by....  1117
through Seventh avenue and other               account to be sent to Secretary of
streets, act concerning.....  1149            State..1117
through Fourteenth street and other           statement by, how  made.....  1118
streets, act concerning....  1152         duties of prescribed............  1125
through Tenth  avenue and  other              searchers and copyists and their
streets, act concerning.....  1155           compensation.............  1125
REAL ESTATE-                                     his office, when to be kept open  1126
deeds to be recorded.13           records in office of, how inspected  1127
deeds to be recorded...........  1113 
to assign persons to have charge
duration of hiring, how  limited                        ers....... 
where no agreement.......  1158
filled in from  North and East, howappoined.....            112
powers and duties...........  1125
rivers, act authorizing sale                                                   11
of, to the city.............   1165         slary....................  112
pre-emption  rights to, held in             RELIGIOUS SOCIETIES-  acquicommon, act concerning...  1161               sitionof burialplaces           1168
ECEIVER ORF TAXES-BuEPAIRS AND SUPPLIES-Bureau of, established........   273
established................   273             See also "Bureau."
See also "Bureau."
RESIDENT PHYSICIANRECOGNIZANCES-forfeited, pro-                    one of Commissioners of Health.  1047
visions respecting.........  584,    his duties.....................  1047
593, 595, 598, 606, 609, 610    salary.......................  1048




1384                                     INDEX.
RIOTS-See " Militia."                          ROADSRIVER  SHORES-powers of Cor-                      closing  of,  when   Corporation
mon Council in filling....442, 463            deemed vested of the road.  1218
RIVERS-                                             transcript of estimate, where
exterior streets along, law of 1798                 deposited..............  1218
concerning................  1286             notice to be published........  1218
navigation of, by steamboats                   Corporation to pay sums assessed....................    1219
regulations................  1300
throwing  ashes fm   s -           proceedings in case of neglect
throwing  ashes from   steamnboats in.................. 1303               to pay.  1219
proceedings where owners are
obstructions in, regulations...  1313          proceedings where owers are',..  ^   3   TT  i             minors, absent, &c........    1219
East, regulations under Harbor,                                      
0Commission...............  1301            remedies where  moneys are
Commission..............  1301
paid in mistake............  1220
bulkhead and pier lines, act to
establish.................. vacancies  in  Commissioners,
establish...................  1308
how supplied..............  1220
North, regulations under Harbor                            su i
Commissi              on...............01   power of surviving CommisCommission...............  1301                        
sioners...................   1220
bulkhead and pier lines, act to,.,.~ establish.       ~..........1308   two of Commissioners may act 1220
establish..................   1308
majority of Commissioners to
ROADS-                                                control..................  1221
repairing, regulating, and laying                 compensation to Commissionout, under whose direction.. 1176,             ers......................  1221
1208        proceedings maybe united with
widening  and  altering, under                      street openings.                 1221
whose authority...........  1176             duties of Commissioners in such
bridges, causeways, and ditches                     case..................            221
over, under  whose  direc-                   owners in such  case entitled
tion.................. 1177, 1208             only to damage above the
obstructing, penalty for.....1178, 1208            benefit...................  1221
damaging, penalty for......1178, 1208            damages, how  deducted from
broken carriages left in, regula-                   benefit in such case........     1222
tions and penalty......1178, 1208           covenants  between  landlord
dead animals  left in, penalty                      and tenant in closing roads.  1222
for................... 1178, 1208        Commissioners, Common  Council
things  lhat may affright horses                    designated as..........1176, 1208
or travelers prohibited..1178, 1208         their authority generally..1176, 1208
frightening  horses or travelers               Kingsbridge not to be less than
in, penalty for......... 1178, 1208            four rods wide.............  1177
nuisances in, removal of....1178, 1209        Superintendent of, Bureau estaboffenders against laws concern-                     lished....................   273
ing, how prosecuted.... 1179, 1209            See also "Bureau."
trees in  or  near, regulations              ROSIN-storing of, regulations.....   996
against injuring....... 1179, 1209
vehicles passing each other, regu-              BBIS-                  street
regulations................  474
lations concerning.........   1209             regulations.
closing of, proceedings regulated.  1217                         S.
Commissioners to take oath...  1217
SAILORS' SNUG HARBOR —
Commissioners to make estimate....................  1217            act to incorporate.............   403
estimate to be reported to Su-               power of Trustees.............   405
preme Court..............  1217          amended act to incorporate...          406
power of Supreme Court in the                land to be regulated...........   406
premises..................  1218        Marine Hospital to be erected..   406




INDEX.                                       1385
SAILORS' SNUG HARBOR-                          SCHOOLstatue of R. R. Randall........   407           Officers, must examine as to sectlots belonging to, to be leased...    407            arian teachings, &c.....    490
power to hold lands..........   407              must give notice of vacancies
land to be sold or exchanged....   407               in their number...........    490
proceeds, how invested.........   407             powers  in  establishing  new
additional Trustees............   408                schools..................   498
penalty for neglect to account   500
SALARIES-.. 
suits against, provisions conof County Clerk...............  1119              cerning,..................          00
of Surrogate..................  1119               not to receive compensation.    500
of Clerk of Superior Court......  1119           not to be interested in  conof Corporation Counsel, fixed at                     tracts....................   602
$6,500...................  1229            Trustees, election  and  term   of
of Assistants in office of County                    office..                    482
Clerk, how fixed..........  1120            to have safe-keeping of schools   491
of Assistants in  office of Surro-                to  contract with and employ
gate, may be fixed by Super-                    teachers and janitors.......   491
visors...................   1120        to make repairs to schools....   491
of Assistants in office of Clerk of               to keep minutes of their meetSuperior Court, how fixed..  1120               ings.........            491
SALES-of public property, charter                    to preserve records of attend
provisions respecting      @...........   279  ance, &c., at schools.......   491
to report yearly.........   492
SALTPETRE-storing  of, regula-                       to hold personal property  of
tions.....................   996               schools..                          492
SCHOOL-                                              to render account to their successors..................I.   492
Commissioners, election  and term                     essors                            492
of offi8  to hold stated meetings.....   493
of office.................    482
to give notice of vacancies....   493
to attend meetings of Board of
Educatio.   40        to certify school expenses to
Education..............         490 
Inspectors................   500
to transmit reports of Trustees
Inspectors, election  and term  of
andInspectors............    WO490
andInspectorffice.....................   482
to visit schools entitled to an                 h                              
how  removed  for neglect of
apportionment............   490               d
are members of Board of Trusto report condition of schools
tees of respective wards....   490
twice in each year.........   490
expenses of, to be allowed to.    500               tw   i      ch   a.              49
report what to contain.......    490
Fund, part to be given to Institu-                 rer hatocn n49
tion for the Blind.........       369        teachers have to be licensed by    491
Libraries, provisions concerning.        02        to audit accounts of Trustees        491
oral, to be provided by Bexpenses of, to be allowed to..   500
Normal, to be provided by Board
of Education...488   to audit'accounts of school exof Education..............   488
teachers of, how appointed..   488               penses...................    500
who to attend...............   488  SCHOOLSOfficers, of whom to consist.....   482         City  Seuperintendent of, how  aphow elected and term of office   482               pointed...............   485
vacancies, how  supplied......   483            duties and compensation, how
to take oath................   483               determined...............   485
to be residents of their districts   484        power in appointment of teachmust certify necessity of new                     ers.......................   491
schools..................   489             to take oath of office.........   493
must provide books, &c......   490             term  of office...............   493




1386                                     INDEX.
SCHOOLS-                                        SCHOOLSCity Szperintendent of, compensa-               Common, classification of studies,
tion, how fixed............   493               how  provided.............   494
duties of, enumerated.........   493            classification of salaries, how
Assistant Superintendent of, how                     provided..................   494
appointed.................   485            support of schools, provisions
duties and compensation.....   485                concerning................   495
Common, school officers, of whom                  apportionment of school moto consist.................   482              neys.............495
how elected and term  of office   482           provisions   as  to   sectarian
vacancies, how supplied......   483              schoolsreceiving moneys.           496
school officers to take oath....    484         provisions as to use of Holy
school officers to be residents                   Scriptures in schools.......   496
of their districts...........    484         provisions as to apportionment
Board of Education to bej udges                   of school moneys..........   497
of qualifications, &c., of its               certain  schools  other  than
members.................    484                Ward   schools,  to   share
Superintendent of, how  ap-                       school moneys.............    497
pointed..................         485        new schools, how established..   498
Assistant Superintendents, how                  discontinuance of schools reguappointed.................   485               lated................       4..   499
Superintendent of School build-                 as to raising moneys by loan
ings, how appointed........   485              for school-houses..........   500
powers of Board of Education                    expenses of schools, how certienumerated...............   484               fled and audited.........    500
regulations as to Free Academy    487           school officers not to  receive
provisions as to evening schools   488            compensation..........             500
supplies for, how furnished...    488           school officers and teachers,
schools shall be called " Ward                    penalties againt.                  500
Schools," orVard Primaries   489             oath of teachers............           01
new schools, how  established.   489            suits against school officers.    501
powers of school officers enu-                  children  between  four  and
merated.....................   489  ttwenty-one  years,  entitled
powers of School Commission-                      to atte.................   501
g                                  Lersr s.QO~~.  490  school officers not to be interpowers of School Inspectors..    490              ested in contacts..........        502
conditions of schools to be re-            SEAMEN, sick and disabled, how supported twice in each year...   490              pted.......                       415
teachers, how licensed.......   491  SEAMEN'S FUND AND RETREATteachers, how appointed......   491          certain  moneys to be  paid  to
janitors, how appointed......   491               Trustees..................   408
repairs to schools, how made..   491        Seamen's Retreat to be erected..   408
record  of names of scholars                  contingent expenses...........   409
and parents, &c...........   491           tax on seamen, how  to be colrecord of attendance.........   491               lected....................   409
yearly report of schools, at-                 physicians, nurses, &c........ 409, 415
tendance, &c..............   492          to receive the Mariners' Fund...   409
personal property, in whom                    buildings to be provided.......   411
vested....................   492          who to be inmates of Retreat....   411
duties of school Trustees.....   491         additional attendants..........   411
qualifications of teachers, how               annual report.................   412
certified..................   493     Trustees  to  pay  out  surplus
annulling license of teachers..   494              moneys...............   413




INDEX.                                       1387
SEAMEN'S FUND AND RETREAT-                      SHIPS-See "Vessels."
Trustees, of whom to consist....   414  SHORES, River, powers of Common
officers and compensation......   414               Council in filling........ 442, 463
By-laws.....................   414  SINKS, powers of Common Counaccounts.....................   414                 cil in regulating.........443, 463
title of lands to vest in the State   415
SKINSfunds for, how derived........   415
power of officers of, to collect fees           unsound, regulations.........446, 46
from vessels.............   415           provisions respecting storage..    1066
Hospital money, how collected..   415  SLIPAGE, powers of Common Counsick and disabled seamen......   415                 cil respecting..............   449
expenses of Richmond county to                SLIPSbe paid...................   416          leasing, charter provisionsrespectaccount to be rendered.........   416                in                                 279
ten per cent. to be paid to Mari-powers ofthe Comon Council
ners' Family Asylum.....416, 417               in filling, altering, or amendsupervision of expenditures.....   426              ing....442, 463
SECOND AVENUE, act for open-                      powers of Common Council in asing of............  1230           sessing for improvement.. 443, 464
SECOND-HAND DEALERS —                              assessments for, by whom made..  1280
laying out of, under whose aupowers of Common Council in                          tr.                            1292
regulating.........443, 462, 591               thoity............  1292
to give bond..................   462            regulating and altering of, under
regulations concerning.........   475                whose authority.........         1179
SENATE, districts defined........   323                                     1184, 1210, 1297
dredging of, regulations........  1305
SESSIONS, Gene~ralc-See "(D Courts."' enlarging, powers of Common
Specil —See "Courts."                                Council in............  449, 1295
SEWERS-                                         SLOOPS, certain wharves reserved
construction of, under whose au-                     for.'........ 1295
thority..................   658  SQUARES-publicassessments for, by whom made  1280          method of assessment for.......  1210
former powers of the Common                  proceedings of Commissioners...  1211
Council under act of 1813..  1190          powers of Common Council, ununder act of 1787...........  1181               der act of 1813............  1192
SEXTONS, duties of, in respect to                      See "Streets, opening."
interments..............444, 460          on map, or plan  of city.  See
SHELLS, throwing in streets, regula-' New York."
tions......................    474  STABLESlights in
tions.....                          *44STABLES-lights inSHERIFF-                                          powers of Common  Council reduty of, on forfeited recognizances   598            specting...................   452
report of convictions...........   616         regulations, by whom made....   991
penalty....................615, 617  STAGE Companies, how formed....  1170
duty  of on  receiving  election                ten per cent. to be paid in.....  1170
notice....................   688          proof of incorporation..........  1171
summoning insufficient number                   subscription...................  1171
of jurors, pay for..........   802         Directors.............   1171
bondof.....................  1131              officers......................  1172
custodian of the jails..........  1131          capital stock, how paid. in......  1172
powers of in cases of riots, &c.                stock to be deemed personal proSee' Militia."                                perty....................  1172
SHINGLES, stor-ing of, regulations   996          increase of stock...........  1172




1388                                     INDEX.
STAGE Companies, liability of stock-           STREETSholders...................  1173         boundaries of, Common Council
liability of Trustees............  1173            may go on other lands for..  1207
change of route..............   1173          cleaning of, powers of Common
general powers................  1173               Council under act of 1813..  1190
powers of Common Council regu-                    under act of 1787...........  1181
lating........... 399, 1174, 1175        closing of, proceedings regulated..  1217
routes of, how  established  or                  Commissioners to take oath...  1217
changed.                  1174, 1175        Commissioners to make estiroutes of, new, to be disposed of                   mate.....................  1217
at auction...............  1175             estimate to be reported to SuSTEAMBOAT EXCURSIONS-                                 preme Court..............  1217
powers of Supreme Court in
master authorized  to  demand                     p ers          pre
the premises..............  1218
name and residence of passwhen Corporation deemed to
engers....................   701
ng..................be vested of the street.....  1218
filing of list..................    701.transcript of estimate, where
penalty on master for refusing..   701               epos.................
punishment of  passengers  for                   notice to be p ublised.................  1218
notice to be published........  1218
trespassing. 7......      01
trespassing...............   701        Corporation to pay suns asSTEAMBOATS-                                           sessed....................  1219
act establishing Hell-Gate pilots,               proceedings in case of neglect
not to apply to........    976                to pay...................   1219
navigating rivers, regulations...  1300          where owners are minors, abashes and cinders not to be thrown.              sent, &c..................   1219
in rivers..................  1303            remedy where moneys are paid
speed of, on East river.........  1311             in mistake...............   1220
reservation of wharves for......  1310           vacancies  in  Commissioners,
STEAM-BOILERS-powers of Board                         how supplied.............   1220
power of surviving  Cormisof Police to regulate, &c...   898            siner.............  1220
sioner.1220
STREET-                                             two  of  Commissioners  may
Department-See "Department."                        act                              1220
majority of Commissioners to
improvements, Bureau established.   273          majority of Commissiners to
control..................    1221
See also "Bureau.".
compensation to CommissionSthrowing  offal,  garb,  aners......................p  1221
throwing  offal, garbage, and                    proceedings may be united to
ashes in, regulations  con-                    street openings............  1221
cerning...............    474                duties of  Commissioners  in
driving  faster than  five miles                    such case..............  1221
an hour punishable........   588             owners in  such  case entitled
windows, porches, fixtures, &c.,                    only to damage of benefit..  1221
penalty for injuring........   804           damages, how  deducted from
taking  ground  for, powers of                      benefit in such case........  1222
Common  Council  respect-                    covenants  between  landlord
ing...................1180, 1185              and tenant in closing streets  1222
passing  of  vehicles in, regu-                enlarging, proceedings of Commislated...........  1209                         sioners. See "Streets, Openon map or plan  of city.  See                       ing."
"New York map or plan of."                extending, proceedings of Commisaltering, proceedings of Commis-                    sioners, &c.  See "Streets,
sioners. See "Streets, Open-                    Opening."
ing."                                      exterior, Law of 1798 concerning,  1286




INDEX.                                      1389
STREETS-                                       STREETSexterior, along  North  and East               opening, as  to  assessments  on
rivers, act of 1801.........  1186             Corporation property.......  1199
grades of, alteration of..........  1227          Common  Council may agree
notice of application for change                  with parties for cessions of
of grade to be published....  1227             land.....................  1200
written consent of two-thirds                  contracts between landlord and
of owners necessary........  1227             tenant to cease in  certain
streets north of Sixty-second                     cases.....................  1201
street....................  1227            rents to be apportioned in cerestimate of loss and damage..  1228               tain cases.......              1201
amount of award to be paid by                  copy of assessment to be deposCommon Council..........  1228                 ited fourteen days.........  1201
in case of money paid in mis-                  objections may be made to astake....................  1228                sessments.................  1201
improving, powers  of  Common                     assessments may be corrected.  1201
Council respecting.........   446            damages awarded when paid
powers of Common  Council                         by Common Council.......  1202
under act of 1813..........  1192            in case of neglect of payment,
proceedings of Commissioners.                    parties may sue..........  1202
See " Streets, Opening."                    in case of infant owners, &c.,
laying out of, none to be made                      money, how disposed of....  1202
without permission of Com-                   in case of money paid to one
mon Council..............   445               in mistake................  1203
opening, powers of Common Coun-                   extra  expenses  of Common
cil respecting............   446              Council, &c., how  to be aspowers of  Common  Council                        sessed....................  1203
under act of 1813.........  1192             may also be levied by distress
appointment and duty of Comn-                     or recovered by suit........  1206
missioners under act of 1813,  1193          Commissioners' vacancies, how
Commissioners' report to Su-' filled..................  1206
preme Court under act of                     any two Commissioners may
1813....................    1195            act......................    1206
damage and benefit, proceed-                   compensation of Commissionings of Commissioners under                    ers...................... 1207
act of 1813...............  1195            debts incurred  by  Common
assessments for, under act of                     Council for, may be funded  1207
1813....................  1196              estimate and  assessment not
Report of Commissioners, what                     confined to definite limits..  1213
to contain...............  1197             powers of Commissioners....   1213
Report to be confirmed by Su-                  estimates and assessments for,
preme Court.............  1198                act of 1816 concerning.....  1214
Report, when confirmed, to be                  compensation for damages for,
final.....................  1198              how made'under act of 1816  1215
the Corporation then: become                   profiles or maps to be made..  1214
seized of the land......        1198        Commissioners may administer
Corporation to take possession                    oaths....................  1216
of the premises.........    1198            may be suspended by Common
Common Council may permit                         Council..................  1216
buildings to remain  unre-                   Commissioners, how appointed  1223
moved...................  1198              confirmation  of Commissionas to compensation allowed for                   ers' report, when and where
certain buildings..........  1199             applied for................  1222




1390                                      INDEX.
STREETS-                                        STREETSofening, proceedings, when to be                opening, notice of taxing costs to
discontinued upon objection,  1223              be published...............  1233
report of Commissioners, what                   Corporation Counsel to make
to contain................  1223               no charge for services......  1233
abstract of report, where to be                 Comptroller may employ coundeposited................        224           sel in certain cases on behalf
of city.....................  1233
time and place of making their.report to be published4     publication of notices regulareport to be published.'....   1224           ted1233
ted.......................  1233
objections to estimate and as-               pvements,  relaying  of, general.
sessments, how made.......  1224
sessentshowmade......1224           provisions................   673
witnesses to sustain objections                 powers of Common Council un
compelled to testify........  1224             der act of 1813............  1190
interest on amount of assess-                   under act of 1787............  1181
ment...................  1225                assessments  for,  by  whom
notice of motions to be pub-                      made.....................  1280
lished....................  1225          repairing,  assessment  for,  by
may be discontinued by Com-                        whom made..............   1280
mon Council.............   1225           right of State in, granted to Corcosts of Commissioners, &c., to                   poration..................  1208
be taxed.................  1226           regulating and paving, provisions
notice of taxation to be pub-                     as to assessments..........   453
lished....................  1226              assessments  for,  by  whom
records of, where filed in cer-                   made.....................  1280
tain cases.................  1226            under whose authority.......  1179,
Corporation  Counsel not  to                                                  1184, 1210
have fees.................  1229          straightening, powers of Common
report of Commissioners, pro-                      Council respecting.........   446
visions as to altering.......  1230          proceedings of Commissioners.
duties of Commissioners in re-,                   See "Streets, Opening."
spect to surveys, profiles, &c.  1231      South, laying out of............  1292
Commissioners, when to corn-                  West, laying out of............  1292
plete proceedings..........  1231.'..      STREETS AND WHARVEScompensation of Commissioners fixed.................  1231          exterior, provisions of act of 1798,  1286
abstract of Commissioners' re-                lawful for Common Council to lay
port, when and where to be                      out.....................  1287
deposited...............:  1232           said streets and wharves, how to
notice of presenting Commis-                      be made.................  1287
sioners' report for confirma-             filling up intermediate spaces...  1287
tion, how given...........  1232        expenses a charge on prpperty asobjections  to Commissioners'                     sessedc....................  1287
report, how acted on.......  1232          expenses, how recovered.......  1288
Commissioners may alter their                 sinking of piers and bridges....  1288
report....................  1232          conditions in grants...........    1288
report of Commissioners after                 no buildings to  be erected on
being corrected, of what to                     such streets and wharves...  1289
consist...................  1232
SUITS, in wshich the Corporation are
what costs, charges, and ex-.                   
~,                           partices. See " Common Counpenses are to be allowed....  1232              ".,
cil."
bill of the costs to be filed with
Street Commissioner.......  1233  SULPHUR, storing of, regulations..    996




INDEX.                                       1391
SUNDAY, sales on, powers of Corn-               SUPERVISORSmon Council to restrain....   464          Board of, duties in  prescribing
intoxicating liquors not to be sold                  Assembly districts........        325
on.......................   888              may raise money for pupils in
exhibitions on, prohibited in all                    Institute for the Blind.....   369
places in the county.......   969             powers in respect to Deaf and
SUPERIOR COURT-See " Courts."                          Dumb Asylum.......... 36, 383
Clerk of, salary................  1119            to raise tax for Juvenile Asylure......................    400
fees, &c., received by, to  be                     lum400
paid to the city............   1119           to raise school moeys......   495
account of fees, how to be kept                 powers of, fixing salary of Justb  y1120                          ices and  Clerk  of  Marine
by.......................       1120
transcripts thereof to be made                     Court..................          65
by the, Comptroller.......... 1121           to provide an  office for City
by the Comptroller........... 1121                                                   3
compensation   to   assistants,                    Judge       5..............    73
how allowed..............  1121              to fix salary of City Judge....   573
penalty for neglect to account                 to fix salary of Recorder. 573, 1135
penalty for neglect to account.,
for fees.....1121               may increase salaries of Iecorder and City Jfege...................  173
security maybe required from,  1122                corderand City Judge......   573
to fix salaries of Clerks of
salaries and  contingent  expenses, how paid........  1122               Special Sessions..........         575
may appoint assistants...    1120         power in appointment of Mar-.may appont assistants.........  e O. 1120       shals.....................   536
his assistants' salaries, how.
f ixed.                           Ti..:.....  power in appointment of Disfixed  1120    trict Court Clerks..........   536
SUPERVISORS-                                         appoint Clerk of Marine Court   564
Boardof, how constituted......  1235              to fix salary of District Attorhow elected.................  1235                  ey.80
vacancies, how supplied......  1237            power as to salaries of Police
seven votes necessary to pass..................   613
an ordinance..............  1236             power as to salaries of Judges
resolutions, &c., to be approved                   of Speror Court.....               627
by the Mayor................  1236           as to authorizing Assistants to
Mayor's veto......... o......  1236               Clerk of Superior Court....   631
reconsideration after veto....  1236           may raise tax  for additional
consequence of Mayor not re-                       Circuits.........          634
turning act...............  1236             may pay additional salaries to
appropriation to be made be-                       Justices Supreme Court.   634
fore money drawn........  1236               may increase salaries of Judges
city Finance Department, how                       of Common Pleas.......            634
connected with Board......  1236              may increase salaries of Judges
vouchers, how audited and ap-                      of Superior Court.........   634
proved...................  1236              also of the Surrogate........   634
warrants, how drawn........  1236              also of the Recorder.........   634
legal claims, only, to be al-                   also of the City Judge........   634
lowed....................  1237              to  pay  Judges  of  Supreme
Corporation Counsel to be coun-                    Court assigned  to the dissel of...............  1237              trict.....................   634
not to receive compensation as                  to appoint Inspectors and Cansuch....................  1237        vassers of Elections........   687
compensation of, as canvassers,  1237           to fill vacancies in Canvassers.    687
to  establish  fees of City In-                 may direct issue of Revenue
spector for recording births                    Bonds to  pay  judgments
and marriages.............   316                against city............   739




1392                                    INDEX.
SUPERVISORS-                                  SURROGATEBoard of, as to paying Sheriff for            may appoint Assistants.......  1120
summoning jurors.........   802          Assistants in office, salaries how
duties in  selecting  Commis-                   fixed.........                 1120
sioner of Jurors.........797, 802    Assistants  of may  administer
Clerk to attend.............   803             oaths..................  1137
to raise money for Police.....   886    fees for same............  1137
their  powers  in  connection               Chief Clerk, his salary fixed.....  1120
with Department of Public              SURVEYORS-Duties of in inquirCharities...............  1041
ing for owners of property.. 1243
may increase or modify salaries
of County Clerk and Clerk                                   T.
of Superior Court..........  1120
of Superior CouTAR-Storing of, regulations......   996
may prescribe number of AsTAVERNS-Powers of Common
sistants to County Clerk and           TAVERNs  of 
Clerk of Superior Court....  1120             Council i regulating       443,  463
may designate number of As-              TAVERN KEEPERSsistants to Surrogate, County             to keep spare beds............   693
Clerk, and Clerk of Superior             stabling for four horses, &c.....  693
Court...............  1120       to put up signs................   693
may require security from  the              penalty......................   693
Surrogate, County Clerk, and           TAXESClerk of Superior Court....  1122
laying  of, method of assessing
their powers in fixing fees of                   taxable property
Coroners..................  1131              taxable property.........   12
Coron vacances.113o               record of valuation, where kept  1279
fill vacancies in office. of Surrobooks to be open for inspection
gate and Recorder.........  1135                    
from second Monday of Janduties of, in relation to taxrolls................1280, 1282              uary to  st May...........  1279
powers in correction of taxes.  1282          fact of their being open to be
acdvertised................ 1279
duties of, under Militia Act.                    advertised1279
See I"Militia."                             objections to be made while
the books are open........  1279
SUPREME COURT-Power to su-                         objections as to valuation of
pervise Cooper Institute....   364           real estate to be in writing..  1279
See " Courts."                              Commissioners may cause same
SURROGATE-                                           to be corrected.........  1279
objections to valuation of perprovision for election of........  1134.on   s. a a
sonal  estate,  examination
term of office three years.......  1134             n        e  at,    
under oath to be had......  1279
vacancy; how filled............  1135
vaac, ho  fle13                         Commissioners may correct..  1279
salary..................634, 1119
salary...... 634, 1119              decisions to be given within 30
fees and  perquisites received by,                 days.1279
to be paid to the city.......  1119        no  further correction  to  be
account of fees, how to be kept.  1120            made if parties able to attranscripts thereof to be made                     tend Commissioners.......  1279
to the Comptroller........  1121           equalization of taxation, how
compensation to Assistants, how                    effected..............  1280
allowed.................   1121            assessment rolls to be prepared'
penalty for neglect to account                      on 1st May..............  1280
for fees...................  1121          to be delivered to Supervisors
security may be required from   1122               on 1st Monday of July.....  1280
salaries and  contingent expen-                  Supervisors to make alterations
ses, how to be paid.......    1122           as to non-residents.........  1282




INDEX.                                      1393
TAXES-                                         TAXESlaying of, to insert amount of tax  1282       collection of, additional per centage
transmit statement of valua-                      on 1st January, one percent.  1257
tion to Comptroller........  1282            notice to be given after 1st
deliver correctl rolls to Re-                    December to pay on or beceiver of Taxes............  1282              fore 1st January..........  1257
exemption, application of statute                 notice, how served..........  1258
in this city..............  1271            publication of notice to pay on
Mint and Branch Mint exempt..  1271                 or before 1st January......   1258
Assay office exempt............  1271             interest at rate of twelve per
apotonetOf powerscent. to be charged after 1st
apportionment of powers of Com-                                                      1258
mon Council..............1241
to be computed from delivery
general statute concerning.   1251                 assessment rolls to 
of assessment rolls to Recorrection of, by Commissioners of                  ceiver.............1258
Taxes..................  1279               tax unpaid on 15th January,
by Supervisors.............  1282                warrant may issue to  levy
warrant may issue to levy
Receiver of.  See  "Taxes, Col-                     for......................  1258
lection of."                                 notice of sale under said levy.  1258
collection of, act of 1843 concern-              surplus after sale under levy,
ing......................  1253                how disposed of...........  1259
office for collection  of taxes                proceedings to  enforce  payestablished...............  1253              ment out of choses in acReceiver of Taxes and Deputy                      tion....................  1259
to be appointed...........  1253             Receiver's duties  in  case of
Receiver's bond.............  1254              taxes on corporations....  1260
First Clerk to be appointed..  1254           due previous to law  of 1843..  1269
office of Receiver, where to be              Arrears of, Bureau established...  1272
kept....................  1254              duties of Clerk of Arrears....  1272
taxes, how received.........  1254            interest at twelve per cent. to
suitable books to be kept.....  1255            be collected by Clerk of Arduty of Deputy Receiver.....  1255               rears...............  1275
credit, how  given  for pay-                 Sales for, general provisions emments...................  1255                braced within pages.....1260, 1268
In case of neglect of duty by                  tax unpaid on 15th April, may
Receiver or Deputy........  1255               be advertised..............  1260
additional sureties...........  1256          contents of advertisement....  1260
in case of sickness or absence                 sales when to be made.......  1261
of Receiver or Deputy.....  1256           certificate to be given to purof the mode of collection of                     chaser...................  1261
taxes generally...........  1256            contents of certificate.......  1261
assessment rolls to be delivered               notice of sale how published..  1261
to Receiver on or before 1st                 notice how lands may be reSeptember................  1256               deemed, to be published....  1261
warrants to  be attached  to                   sales, how  suspended........  1262
assessment rolls...........  1256           and may afterwards be made
tax entitled to deduction....  1257             without further notice....   1262
notice as to tax unpaid on 1st                 sales may be  conducted  by
November................ 1257                 Comptrolleror his Deputy..  1263
percentage charged on 1st De-                  lands may  be  sold, though
cember, one per cent.......  1257             warrant of distress has issued  1263
additional percentage on 15th                  lots lying contiguous, how to
December, one per cent....  1257               be advertised..............  1263
88




3394                                     INDEX.
TAXES-                                         TAXESSalesfor, certificates of sale to be           Salesfor, city officers not to  be
given without charge......  1263               interested in purchases.....    276
expense of lease not to exceed                 owners failing to claim  at end
fifty cents................  1263             of lease, Corporation may ocinterest at fourteen per cent.                   cupy.....................  1240
charged on redemption.....  1263            when apportionment has been
interest, how computed.......  1263             made.               1241
s of p   s     m   all persons interested may file
portions of property sold may
be redeemed............        1263           memorandum, and  be entitled to notice............   1249
notice to be given to mortnone to be made until three
gagees who file memorandum...........      1263          years from becoming due...  1275
dum..................,.,1263
contents of memorandum....  1263  TAXES AND  ASSESSMENTSnotice how  given  to  mort-                 Commissioners  of,  appointment,
gagees...................    1264             powers...................    1277
proof of service of notice.....  1264         duties and compensation......     1277
memorandum where filed and                     vacancies, how filled........  1277
fee.....................  1264              may appoint Deputies........  1278
mortgagee may redeem  lands,                   may appoint clerks..........  1278
and have lien for amount                     Commissioners to keep record
paid.....................  1264               of valuation..............  1279
consequence of not filing me-                  to advertise books open for inmorandum...............  1265        spection..................  1279
notice to be served on  occu-                  applications   for  correction,
pant of lands..............  1265             when to be made..........  1279
notice how served on occupant  1265            how made..................  1279
any person may redeem within                   duty of Commissioners......   1279
six months from notice.....  1266            duty in equalizing valuations.  1280
mortgagees or others interested                assessment rolls to be made...  1280
and not filing notice, not en-               to be delivered to Supervisors.  1280
titled  to redeem  and hold                  Commissioners  may  appoint
lien......................     1266          Assessors.................       1280
forty-two per cent. interest to                review of proceedings.......  1281
be charged after lease  de-             TENANY-                  of t,  ow
TENANCY —duration of terms, how
livered...................  1266
livered.......      1266           limited where no agreement  1158
affidavit of service of notice in
case of actual occupancy...  1266  TENEMENT  HOUSESconveyance when to  become                       See "Buildings."
absolute..................  1266  TEATES
divided  or  undivided  parts
dvmay be redeemed.. p            12r66    not to be opened without license
may be redeemed..........  1266
Comptroller   may   purchase                 lc tfrom the Mayor...........   966
Comptroller may purchase
lands for taxes on  behalf
lands for taxes  on  behalf               licenses, term  of...............   967
of city...................  1267    feefor.967
such purchases to be assigned                penalty.......................   967
within one year....   1268      notice of injunction, how given.   968
within one year............ 1268
rights of such assignees.....   1268        children   nder fourteen not to
be admitted  except under
redemption  when  such  pur-                     b                        
chases have not  been  as-                     charge of adult.........          968
signed..................         1268     penalty...................   968
rights of persons filing memo-            THEATRICAL  PERFORMANCES
randum to receive notice...  1268              prohibited on Sundays.....   969




INDEX.                                    1389
TUMULTS-See " Militia."                     VESSELSTURPENTINE-storing of, regula-                  sales of condemned vessels, under
tions............   996                   whose cognizance..........   987
containing gunpowder, provisions
U.                              concerning..............994, 997
Inspector of, appointment, duties,
UNIVERSITY-                                         and fees..................  1048
of the City of New York, corpora-             Quarantine of..............  1050
tion created.............    439          anchorage at Quarantine..... 1049
Law School of, established....   441         at wharves, may be ordered to
Quarantine ground.....1050, 1055
V.                            under Quarantine, regulations
concerning................ 1053
VAGRANTS-                                         cargo of, if dangerous to health,
who to be deemed such........   587               may be removed..........  1063
may be taken up for examina-                   masters of, to report passention..................   587           gers......................  1071
commitment of, to Almshouse or                 to report names of sick perPenitentiary..............   588             sons......................  1065
children,  commitment  of, and                  passengers in, to be bonded,
binding out...............   586                                       1072, 1074
coasting, regulations as to QuaranVARNISH-storing of, regulations.   996              tine.0
Tine....................  1105O
VAULTS-                                        emigrant, provisions as to landingformer powers of Common Coun-                     places................          1102
cil under act of 1787......  1181            See "Emigrants."
under act of 1813............. 1190    unloading, regulations...... 1304, 1305
unloading heavy merchandise.  1305
VESSELS-                                          removal of merchandise, obhospital money to be paid..    415             structing wharves.........  1305
amounts to be paid by, for the               mooring of, to buoys...........  1306
Seaman's Fund and Retreat   415    carrying  ballast in port, regulacertificates may be given as to                   tions.....................  1315
health of city............   445        Port fees, provisions respecting.  1320
coasting under 300 tons need not             berths, how assigned......  1321
employ a pilot.............   982    regulations as to pilots and pilotage
between 150 and 300 tons may                      -see "Pilots."
procure license to pilot their          aharfage of-see " Wharfae."
own vessels...............   983  VEICLES-                   eac  otr in
VEHICLES —passing  each other in
steam coasting owned in United                    roads, regulations..........  1209
States, laws as to pilots not
to apply to................   984  VICE  AND  IMMORALITY —supforeign required to take a licensed              pression of, power of Common
pilot..............   983          Council...................   591
Portwardens to examine cargoes             VOLUNTEERS -New  York-see
on request................   986              Militia
damaged goods, how noted......   986
presumption of improper stowage.......................       986
survey of injured vessels........ 986  WARDENS-Port-see "Portwardaccount of survey, how kept....   986            ens.
injured vessels and cargoes, un-           WARDS-of the city, boundaries of
der whose cognizance......   986            defined...................   3




1396                                    INDEX.
WATER-                                       WHARFAG —
land under, grants of, provisions             Rates of, where piers are owned by
concerning...............   769             Corporation and individuals.  1296
powers of Commissioners  of                   collection of, how enforced...  1313
Land Office....7......   79VE
WtHARVES —
adjacent to New York, provisions concerning,.......769, 770    regulating and altering of, un-pre-emptive rights of adjacent                 de whos  authority....... 1179,
owners.................   770                                          1184, 1210
powers to Commissioners ex-                in front of exterior streets, law
tended...77,.....,,.,,,-*  %770             of 1798 concerning.......  1286
issuing of grants by the Cor-              laying out of, under authority of
pcoltmon.ouncil.................1292
poration.........                771         Common Council.........  1292
Purveyor, Bureau established..,    273    powers of Common Council to
o i   a -a,, e3/o~regulate.................  1297
See also " Bureau."                          regulate. a..,       1297
Registrar, Bureau established        273    vessels at, may be ordered  to
See also -"Bureau."               Quarantine ground.... 1050, 1055
See also "Bureau."
no buildings to be built on.....  1295
WATERS-                                         discharging ballast on, regulaaround City, jurisdiction over..   318           tions.....................  1296
in Bay, jurisdiction over........   325    encumbering, regulations...1297, 1305
WEIGHTS AND MEASURES-               line of, regulations...........  1314
WEIGHTS AND MEASURES —
reservation of, for steamboats...  1310
Inspectors of, by whom appointed,            leased to certain steamboat lines,
fees, &c...............468, 472             regulations..........          1310
Seders of, by whom  appointed,               repair of, by private owners....  1312
fees, &c................468, 472        See "Piers.
Inspectors and  Sealers, how  ap-            Superintenent o, Bureu  estab
pointed.....276............    276         lished......          273
powers and duties..........   276              See also "Bureau."
terms of office.............    276
WHARVES, PIERS, AND SLIPSWELLS AND PUMPS —
General subject  contained
powers of Common Council to                       within pages........ 1285 to 1323
construct.................   458
construct....re e.........         458  WINDOWS-penalty for injuring.   804
injuries to, restrained..........   460
assessments for, by whom made  1280  WITNESSES-before Committees, provisions concerning.........   477
~WHARFAGE~-~ WORKHOUSE-establishment of   1044
power of Common  Council to                       See "Public  Charities and
collect..................   448             Correctio."
Rates of, (act of 1860)..........  1311
on barges and canal boats....  1289                         Y.
on lighters..............  1300
on vessels while repairing or
careening..-.........v...    1290            cil in regulating....... 442, 463
how collected...........  1290
disputes, how decided........  1290
what parties liable for.......  1291  ZOOLOGICAL  AND  BOTANICAL
levying of, by distress (act of                 SOCIETY-Act to incorpo1813).................       1291          rate......................   341