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GENERAL LIBRARY
UNIVERSITY OF MICHIGAN.
THE
Hagerman Collection
OF BOO Kº R H L.A.T.ſ A. Q ro
HISTORY AND POLITICAL SCIENCE
a O U Gº HT WITH M O N E Y PLAO B D BY
JAMES J. HAGERMAN OF CLASS OF '61
| M T H E HAN D B O P
Professor Charles Kendall Adams
; M TH a YEAR
1883.









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3.
A N A C T
T()
(ONSLIME INT ONE MY AND TO DECARE
TIII)
Special and Local Laws
AFFECTING
PUBLIC INTERESTs
IN THE
CITY ()|7 NEW YORK,66,7/) ( /a, 7 is .
BEING
CHAPTE R A 10 OF THE LAWS OF 4882,
WITH SUPPLEMENTARY ACT, CHAPTER 276, LAWS OF 1883.
|
N E W Y O R K :
M A R T IN B. B. R () W N, P R I N 'I' E. B. A N : ) ST A 'I' I (A N E R ,
Nos. 49 A N p 51 PAir R Pi.A.C.'. -
1 883.
LAW RELATING TO THE CITY OF NEW YORK,
CHAP. 410.
AN ACT to consolidate into one act and to declare the special
and local laws affecting public interests in the city of New
York.
PASSED July 1, 1882; three-fifths being present.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows :
CHAPTER I.
BOUNDARIES OF CITY AND COUNTY AND OF WARDS.
SECTION 1. The city and county of New York shall contain the
islands called Manhattan Island, North Brother's Island, Great Barn
or Ward's Island, Little Barn or Randall's Island, Manning's or Black-
well's Island, Nutten or Governor's Island, Bedloe's Island, Buck-
ing or Ellis Island, and the Oyster Islands; and also all the territory
which formerly constituted the towns of Morrisania, West Farms,
and kiºi. in the county of Westchester, being all the terri-
tory which lies westerly of the centre of the Bronx river, and
southerly of a line commencing in the centre of the Bronx river at
latitude 40° 58' 59%,” north, and longitude 73° 51' 35"ſ." west of
Greenwich, and running on a straight line westerly to a point on the
low-water mark of the eastern bank of the Hudson river at latitude
40°54' 53%,” north, and longitude 73°54'38"º" west of Green-
wich, and thence westerly in a straight line to the west bounds of
the state; together with all the land under water within the follow-
ing bounds: beginning at Spuyten Duyvil creek, where the low-
water mark on the northern bank thereof intersects the low-water
mark on the eastern bank of the Hudson river, and running thence
along said creek at low-water mark on the northern side thereof to
the Harlem river, thence along the low-water mark on the eastern
bank thereof to the Bronx Kills; thence along the low-water mark
on the northern bank thereof to the low-water mark of the north-
western shore of Long Island Sound, thence along the low-water
ark of the northwestern and northern shore of Long Island Sound
to the mouth of the Bronx river at Hunt's Point; thence along the
low-water mark as far as the same may extend in the Bronx river,
and the mouth thereof to the low-water mark of Long Island Sound
at the western side of Clauson's Point ; thence across Long Island
Sound to College Point on Nassau or Long Island to low-water mark
New York.
1 R. S. ch. 2,
title 7, §2,
Comp. 110 ;
1 R. S. ch. 1,
title 1, $1.
Comp. 111 ;
1873, ch. 613, §1,
as re-enacted
1874, ch. 329, $1,
Comp. 111 ;
1 R. S. ch. 2,
title 4, §5,
Comp. 111 ;
1816, ch. 279,
§§1, 2 Comp.
11.1 :
1856, ch. 210,
Comp. 122, 1 R.
S. ch. 2, title 4,
§5, Comp. 113;
1873, ch. 35, $2,
Comp. 113;
1873, ch. 873, §§1,
2,3, Comp, 114;
1873, ch. 34, $1,
Comp. 115;
1881, ch. 478, 19
Johns, 175, 179.
2 BOUNDARIES OF WARI)S.
See 1884, ch. 8,
Comp, 115.
1 R. S. ch. 2,
title 5, $1,
Comp 120.
New York.
First Ward.
1. R. S. ch. 2,
title 5, §1,
Comp, 120,
Second ward,
ſd,
Third Ward.
there; thence southwesterly across Flushing Bay to low-water mark
at Sandford's Point, between Flushing and Bowery bays, including
Great Barn or Ward's Island, and Little Barn or Tandall's Island;
then along Nassau or Tong Island shore, at low-water mark, and
including Manning's or Blackwell's Island, to the south side of the
Rod Hook ; then across the North river so as to include Nutton or
Governor's Island, Bedloe's Island, Bucking or Ellis Island, and
the Oyster Islands, to the west bounds of the state, and thence
northerly along the west bounds of tho state to the junction with
the above-mentioned prolongation westerly of the northern boun-
dary line of the city and county of New York, from the low-water
mark on the eastern bank of the Hudson river; thence easterly
along said line to the easterly bank of the Hudson river at low-
water mark; thence southerly along said easterly bank, at low-water
mark, to the point or place of beginning.
§ 2. 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-four wards, in the manner following, that is
to say :
The first ward shall begin in the middle of Broadway, at a point
where it is intersected by the middle of Liberty street, and run from
the said point of intersection, through the middle of Liberty street,
southeasterly, to the middle of Maiden 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 river, so as to include Nutten or Governor's Island, Bed-
loe's Island, Bucking or Ellis 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 river, or so
far as the bounds of this state extend ; thon up along the west side
of Hudson 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.
§ 3. The second ward shall begin at the southeasterly corner
of the first ward, and run thence along the easterly bounds thereof,
across the East river to the middle of Broadway; thon up the
middle of Broadway to a point opposite the middle of T’ark row ;
then through the middle of Park row to a point opposite to the
middle of Spruce (formerly George) street; thon down the middle
of Spruce street to the middle of Gold street; then through the mid-
dle of Gold street to a point opposite to the middle of Terry 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.
§4. The third ward shall begin on the west side of Hudson
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
13OLINIDARIES OF WARDS. & 3
the middle of Broadway to a point opposite to the middle of Tłeade
street; then through the middle of Reade street, in a line running
in the same direction across Hudson 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 river, at low-water mark, or
along the limits of this state, to the place of beginning.
§ 5. The fourth ward shall begin at the northerly corner of the
second ward, and run thence through the middle of Chatham
street to a point opposite to the middle of Catharine street, and
then through the middle of Catharine 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 bounds of the second ward; and then
northwesterly along the bounds of the second ward, to the place of
beginning.
§ 6. 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 river; then due west to low-water mark, on the
west side of Hudson river, or so far as the bounds of this state
extend ; then down along the west side of Hudson river, at low-
water mark, or along the limits of this state, to the place of begin-
ning.
§ 7. 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 Centre street; then through the
middle of Centre street to the middle of Walker street ; then
through the middle of Walker and Canal streets 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 Chat-
ham street and Park row to the middle of Broadway, and then
through the middle of Broadway to the place of beginning.
§ 8. 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.
§ 9. 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 stree'; then through the middle of Houston street to
a point opposite to the middle of West Houston street; then
through the middle of West Houston street to Hudson river; then
due west to low-water mark, on the west side of Hudson river, or
So far as the limits of this state extend ; then down along the west
side of Hudson river, at low-water mark, or along the limits of this
state, to the place of beginning.
§ 10. The ninth ward shall begin at the northwesterly corner of
Id.
Fourth ward.
Id. $1,
Comp; 121,
Fifth ward.
1 R. S. ch. 2,
title 5, $1,
Comp, 122.
Sixth ward.
Id.
Seventh ward.
Id.
Eighth ward.
4 POUNIDARITES () [' WART)8.
the eighth ward, and run thence along the northerly bounds of the
said ward through the middle of West Houston street to the middle
of Hancock street ; thence northerly through the middle of Han-
cock street to the middle of Bleecker street; thence northwesterly
through the middle of Bleecker street to the middle of Carmine
street; thence northeasterly through the middle of Carmine street
to the middle of Sixth avenue; thence northerly through the
middle of Sixth avenue to the middle of West Fourteenth street ;
thence westerly through the middle of West Fourteenth street to
Hudson river; then due west to low-water mark on the west side
of Hudson river; or so far as the limits of this state extend ; then
down along the west side of Hudson river, at low-water mark, or
along the limits of this state, to the place of beginning.
§ 11. The tenth ward shall begin at a point in the middle of 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.
§ 12. The eleventh ward shall begin at a point in the middle
of Rivington street, where Clinton street intersects Rivington
street ; and run thence through the middle of Clinton street to the
middle of Avenue B, and then northerly through the middle of
Avenue B to the middle of Fourteenth street; thence easterly
through the middle of East Fourteenth street to the East river;
and thence running across the East river to low-water mark on
Long Island; then along Long 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.
§ 13. The twelfth ward shall include all that part of the city and
county of New York lying northerly of a line running through the
middle of Eighty-sixth street from the East to the North river, and
south and west of Harlem river and Spuyten Duyvil creek, but
including Randall's and Ward's Islands.
§ 14. The thirteenth ward shall begin at the northeasterly
corner of the seventh ward, and 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; thence 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.
§ 15. The fourteenth ward shall begin at a point in the middle
of the Bowery road, where it is intersected by the middle of Walker
street; then through the middle of the Bowery road to a point
opposite the middle of Houston street; then º the middle
of Houston street to where it is intersected by the middle of Broad-
way ; thence through the middle of Broadway to where it is inter-
sected by the middle of Canal street; and then through the middle
of Canal, Centre, and Walker streets, being along the northerly
bounds of the sixth ward, to the place of beginning. 1.3
Id.
1832, ch. 56, §§1,
2, Comp. 123.
Ninth ward.
1 R. S. ch. 2,
title 5, #:
Comp. 122.
Tenth Ward.
Id.
1837, ch. 16, §§1,
2, Comp. 124.
Eleventh ward.
1 R. S. ch. 2,
title 5, $1,
Comp. 122.
1836, ch. 49, §§1,
2, Comp. 123;
1850, ch. 187,
Twelfth Ward.
1 R. S. ch. 2,
title 5, $1,
Comp. 122.
Thirteenth
ward.
Id. •rºra
Fourteenth
ward.
sºrºr
tºº
BOUNDARIES OF WARD8. J
§ 16. The fifteenth ward shall begin at a point in the middle of 18% ºh, ºff.;;1,
Fourteenth street where the middle of Sixth avenue intersects the #####4.
middle of Fourteenth street, and run thence southerly through the
middle of Sixth avenue to the middle of Carmine street ; thence
southwesterly through the middle of Carmine street to the middle
of Bleecker street; thence southeasterly through the middle
of Bleecker street to the middle of Hancock street ; thence
southerly through the middle of Hancock street to the middle of
Houston street ; thence easterly through the middle of Houston
street to the middle of the Bowery road ; thence northerly along
the middle of the Bowery road and the middle of Fourth avenue
to the middle of Fourteenth street, and thence westerly along the
middle of Fourteenth street to the place of beginning.
§ 17. The sixteenth ward shall begin at the northwesterly $º.º.
corner of the fifteenth ward, at a point in the middle of Fourteenth ſº ſº,
street where the middle of Sixth avenue intersects the middle of isº.
Fourteenth street and run thence along the middle of Four- # * *
teenth street to Hudson river; thence westerly and along the *** **".
northerly boundary of the ninth ward to low-water mark on the west
side of Hudson river, or so far as the limits of this state extend ;
thence northerly along the west side of Hudson river, at low-water
mark, or along the limits of this state, to a point opposite the
middle of the westerly end of Twenty-sixth street ; thence in a
direct line across Hudson river through the middle of Twenty-
sixth street to the middle of Sixth avenue, and thence southerly
along the middle of Sixth avenue to the place of beginning.
§ 18. The seventeenth ward shall begin at a point formed by ºil.
the intersection of the middle of Fourteenth street with the mid- šºin
dle of Avenue B, and run thence southerly along the middle of “
Avenue B to Houston street; thence across Houston street to the
middle of Clinton street ; thence through the middle of Clinton
street to middle of Rivington street; thence westerly through
the middle of Rivington street to the middle of the Bowery
road; thence northerly along the middle of the Bowery road and
Fourth avenue to the middle of Fourteenth street ; and thence
easterly along the middle of Fourteenth street to the place of
beginning.
§ 19. The eighteenth ward shall begin at a point formed by the º, ºl,
intersection of the middle of Fourteenth street with the middle of fºsi,
Sixth avenue, and run thence northerly along the middle of Sixth łº,
avenue to the middle of Twenty-sixth street; thence easterly along gº,
the middle of Twenty-sixth street in a line running in the same ward.
direction across the East river to low-water mark on Long Island;
thence along Long Island shore, at low-water mark, to a point
opposite the middle of the easterly end of Fourteenth street ; and
thence in a direct line across the East river through the middle of
Fourteenth street to the place of beginning.
$ 20. The nineteenth ward shall begin at a point formed by the ºl.
intersection of the middle of Fortieth street with the middle of isºl,
Sixth avenue, and run thence northerly along the middle of Sixth º
avenue to the centre of Fifty-ninth street; thence in a line running *
in the same direction across Central park to the middle of Eighty-
sixth street; thence easterly along the middle of Eighty-sixth street
in a line running in the same direction across the East river to low-
6 JBOUNDA.H.I.ES OF WAl{DS,
1851, ch. 453, §§1,
%
'I'wentieth
Ward,
1858, ch. 282, §§1,
2 126,
Twenty first
Comp.
Ward.
1853, ch, 448, §§1,
Comp. 126,
2
Twenty.se
ward.
Comp. 125,
cond
1873, ch. 613, $3,
a8 amended
1871, ch. 329, $3,
Comp. 771 ;
1856, ch, 210,
Comp. 113
Twenty-th
Wºrſl,
ird
water mark on Long Island ; thence along Long Island shore,
at low-water mark, to a point opposite the middle of the easterly
end of Tortieth Street ; and thence in a direct line across the
East river along the middle of Fortieth street to the place of
beginning. - -
§ 21. The twentieth ward shall begin at a point formed by the
intersection of the middle of Twenty-sixth street with the middle
of Sixth avenue, and run thence westerly along the middle of
Twenty-sixth street to Hudson river; thence westerly along the
northerly boundary of the sixteenth ward to low-water mark on the
west side of Hudson river, or so far as the limits of the state extend ;
thence northerly along the west side of Hudson river, at low-water
mark, or along the limits of this state, to a point opposite the
middle of the westerly end of Fortieth street; thence in a direct
line across Hudson river, through the middle of Fortieth street to
the middle of Sixth avenue, and thence southerly along the middle
of Sixth avenue to the place of beginning.
§ 22. The twenty-first ward shall begin at a point formed by the
intersection of the middle of Twenty-sixth street with the middle
of Sixth avenue, and run thence northerly along the middle of
Sixth avenue to the middle of Fortieth street; thence easterly along
the middle of Fortieth street, in a line running in the same direc-
tion across the East river, to low-water mark. On Long Island ;
thence along Long Island shore, at low-water mark, to a point
opposite the middle of the easterly end of Twenty-sixth street, and
thence in a direct line across the East river, through the middle of
Twenty-sixth street, to the place of beginning. g
§ 23. The twenty-second ward shall begin at a point formed by
the intersection of the middle of Fortieth street with the middle of
Sixth avenue, and run thence westerly along the middle of Fortieth
street to Hudson river ; thence westerly along the northerly bound-
ary of the twentieth ward to low-water mark on the west side of
Hudson river, or so far as the limits of the state extend ; thence
northerly along the west side of Hudson river, at low-water mark,
or along the limits of this state, to a point opposite the middle of
the westerly end of Eighty-sixth street ; thence in a direct line
across Hudson river, through the middle of Eighty-sixth street, to
the middle of Sixth avenue, and thence southerly along the middle
of Sixth avenue to the place of beginning. -
§ 24. The twenty-third ward shall include all that territory
which lies east and north of Harlem river and south of a line begin-
ning at a point on the southerly side of the High bridge across the
Harlem river ; thence running easterly on a straight line to a point
on Mill brook, directly opposite to the line formerly dividing Central
Morrisania from Lower Morrisania, being the former northerly
line of Lower Morrisania; thence easterly along said last-
mentioned line to a point one hundred and forty feet east of Frank-
lin avenue, and thence on a line produced eastwardly by the exten-
sion of the middle of the main channel of the Bronx river of that
portion of said last-mentioned line which lies between the Third
avenue and said point in said line, one hundred and forty feet east
of Franklin avenue, said territory being the whole of the former
town of Morrisania, and a portion of the former town of West
Farms. It shall also include North Brothers Island.
CORPORATE POWERS.
7 -
§ 25. The twenty-fourth ward shall embrace all that territory
lying north of the twenty-third ward and south of the north boun-
dary of the city, comprising the territory embraced in the former
town of Kingsbridge, and in that portion of the former town of
West Farms not included in the twenty-third ward.
CHAPTER II.
THE CORPORATE POWERS. AND THEIR DISTRIBUTION. -
§ 26. The corporation now existing and known by the name of
the mayor, aldermen and commonalty of the city of New York as
formed by the consolidation of the county of New York with the
body previously known by the name of the mayor, aldermen and
commonalty of the city of New York, by the act passed April 30,
1874, entitled “An act to consolidate the government of the city
and county of New York, and further to regulate the same,” shall
continue to be a body politic and corporate, in fact and in name, by
the same name, and have perpetual succession, with all the rights,
property, interests, claims, demands, grants, powers and privileges
heretofore held by the mayor, aldermen and commonalty of the city
of New York, and not modified or repealed by the provisions of
this act. - -
§ 27. For all purposes the local administration and government
of the city and county of New York shall continue to be in and be
performed by the corporation aforesaid. All charges and liabilities
now existing against said county, or which may hereafter arise or
accrue in said city and county of New York, and which, but for this
act, or the act entitled “An act to consolidate the government of
the city and county of New York, and further to regulate the same,”
passed April 30, 1874, would be charges against or liabilities of said
county, shall be deemed and taken to be charges against or liabili-
ties of said corporation, and shall be defrayed or answered unto by
it. All bonds, stocks, contracts and obligations of the said county,
and of the board of supervisors which now exist as legal obliga-
tions, shall be deemed such of and against the said corporation,
and all such that may be authorized or required to be hereafter
issued or entered into shall be issued or entered into by and in the
name of the said corporation. Nothing in this section contained
shall be construed to affect the election or appointment of county
officers whose election or appointment is provided for by the con-
stitution of this state, or any other purposes for which the city and
county of New York is recognized in the constitution as one of the
counties of this state. - -
§ 28. All funds and moneys which, on the thirteenth day of
April, 1874, were or now are held by or payable to any officer as
county treasurer of the said city and county shall be deemed to be
held by or payable to him solely as the funds and moneys of said
corporation, except such funds and moneys as shall be held by and
payable into the treasury of the state of New York.
§ 29. The legislative power of the said corporation shall con-
tinue to be vested in a board of aldermen, consisting of twenty-two
members, who shall be elected at the general state election in each
1881, ch. 478, §2;
1873, ch. 613, $3;
1874, ch. 329, $3
Comp. 771.
Twenty-fourth
ward.
;
1873, ch, 335, $1;
1874, ch. 304, §1,
Comp. 139, 135.
Corporate
powers.
4 Abb. 35.
The local ad-
ministration to
be performed
by the corpora
1OI), -
Charges and lia-
bilities against
county to be
city charges.
Bonds, etc.
1874, ch. 304, §2,
Comp. 135.
1874, ch. 305, $1,
Comp. 136.
1874, ch. 304, §4,
Comp, 136.
Funds held by
any officer as
county treas-
ill’(ºr,
1873, ch. 335, $2,
Comp. 139; Id.,
§4, as amended
1878, ch. 400, §1,
Comp. 139.
8 THE MAYOR,
year. Three of such aldermen shall be elected in a district com-
posed of the territory embraced in the First, Second, Third,
Fourth, Fifth, Sixth, Seventh, Thirteenth and Fourteenth wards of
said city. Three of such aldermen shall be elected in a district
composed of the territory embraced in the Eighth, Ninth, Fifteenth
and Sixteenth wards of said city. Three of such aldermen shall
be elected in a district composed of the territory embraced in the
Eleventh, Tenth and Seventeenth wards of said city. Three of
such aldermen shall be elected in a district composed of the terri-
tory embraced in the Eighteenth, Twentieth and Twenty-first wards
of said city. Three of such aldermen shall be elected in a district
composed of the territory embraced in the Twelfth, Nineteenth and
Twenty-second wards of said city. One of such aldermen shall be
elected in a district composed of the territory embraced in the
Twenty-third and Twenty-fourth wards of said city. Six of said
aldermen, to be known as aldermen-at-large, shall be elected from
the entire city. No voter shall vote for more than four of the
aldermen-at-large. In the districts from which three alder-
men are to be elected, no voter shall vote for more than two of such
aldermen. The aldermen shall be residents of the respective dis-
tricts from which they are elected. The term of office of the
aldermen shall be one year, and such term shall commence at noon
Wacancy,
When board of
aldermen to con-
gtitute common
council, etc.
1873, ch. 335,519,
Comp. 157. Exe.
cutive power.
1873, ch. 335,520,
Comp. 157.
Mayor, election
of, etc.
1873, ch. 335,521,
Comp, 157.
When president
of board of
aldermen to act
as mayor.
Not to exercise
the appointing
power, etc.
on the first Monday in January next succeeding their election.
Any vacancy which may occur in the board of aldermen shall be
filled by election by said board by a vote of a majority of all the
members elected to said board, and the person so elected to fill any
such vacancy shall serve for the unexpired portion of the term.
The board of aldermen shall constitute the common council, and,
except as otherwise specially provided, shall exercise the legislative
owers of the said city.
§ 30. The executive power of the corporation shall be vested in
the mayor and the officers of the departments.
§ 31. The mayor shall be the chief executive officer of the cor-
poration ; he shall be elected at a general state election, and hold
his office for the term of two years, commencing at noon on the first
day of January next after his election.
§ 32. Whenever the mayor shall be under suspension, or there
shall be a vacancy in the office of mayor, or whenever, by reason of
sickness or absence from the city, he shall be prevented from
attending to the duties of his office, the president of the board of
aldermen shall act as mayor, and possess all the rights and powers.
of mayor during such suspension, disability, or absence. In case
of a vacancy he shall so act until noon of the first Monday of Janu-
ary succeeding the election at which a successor is chosen. At the
next general election, which shall take place more than ten days
after the occurrence of a vacancy in the office of mayor, a successor
shall be chosen who shall hold for the unexpired term. It shall
not be lawful for the president of the board of aldermen, when
acting as mayor, in consequence of the sickness or absence from
the city of the person elected, to exercise any power of appointment
to or removal from office, unless such sickness or absence of the
mayor shall have continued ton days, or to sign, approve, or dis-
approve any ordinance or resolution, unless such sickness or
absence shall have continued the same period.
THE DEI’ARTMENTS. 9
$33. In case of a vacancy in the office of mayor, the aldermen gºº.
may elect a temporary chairman to preside over their meetings, imporary
who shall possess, during such vacancy, the powers and perform
the duties of the president of the board, and who shall, during
such time, be a member of every board of which the president of
said board of aldermen is a member by virtue of his office.
§ 34. There shall be the following other departments in said
city :
T'inance department.
Law department.
Police lºt.
Department of public works.
Department of public charities and correction.
Fire department.
Health department.
Department of public parks.
Department of taxes and assessments.
Department of docks.
Department of street cleaning.
§ 35. The head of the finance department shall be called the
comptroller of the city of New York, and shall, unless sooner re-
moved, hold his office for four years, and until his successor shall
be appointed and has qualified. -
§ 36. The head of the law department shall be called counsel to
the corporation, and shall, unless sooner removed, hold his office for
four years, and until his successor shall be appointed and has
qualified.
§ 37. The head of the police department shall be called the
board of police. Said board shall consist of four persons, to be
known as police commissioners of the city of New York, who shall,
unless sooner removed, respectively hold their offices for six years
and until their successors shall be respectively appointed and have
qualified.
§ 38. The head of the department of public works shall be
called “commissioner of public works,” and shall, unless sooner
removed, hold his office for four years, and until his successor shall
be appointed and has qualified.
§ 39. The head of the department of public charities and cor-
rection shall be called the board of public charities and correc-
tion. Said board shall consist of three persons, to be known as
commissioners of public charities and correction. The commis-
sioners shall, unless sooner removed, respectively hold their offices
for six years and until their successors shall be respectively ap-
pointed and have qualified.
$ 40. The head of the fire department shall be called the board
of fire commissioners. Said board shall consist of three persons,
to be known as fire commissioners of the city of New York, who
shall, unless sooner removed, respectively hold their offices for six
years, and until their successors shall be respectively appointed
and have qualified.
§ 41. The head of the health department shall be called the
board of health. Said board shall consist of the president of the g
board of police, the health officer of the port, and two officers, to
be called commissioners of health, one of whom shall have been a
chairman.
1873, ch. 335,826,
Comp. 159.
1881, ch. 367, §1,
City depart.
ment.
1873, ch. § 0.
Comp. 72, 168.
Comptroller,
term of office of.
1873, ch. 335,537,
Comp. 75, 237.
Counsel to the
corporation.
1873, ch. §º,
Comp. 76,249.
1873, ch, 335,570,
Comp. 83, º
1873, ch. 33;74,
Comp. 85, 355.
Board of chari-
ties and correc-
tion. Their
term of office.
1873, ch. §º,
Comp. 86, 379,
Fire commis-
sioners.
1873, ch, 335,880,
omp. 87,433.
Board of health.
1() GENERAL PROVISIONS AS TO DEPARTMENTS.
1873, ch. 335,884,
as amended
1874, ch. 300, $2,
Comp. 89, 492.
1873, ch. 335,587,
Comp. 90, 555.
Commissioners
of taxes and
aSSCS8ments,
1873, ch, 335,888,
Comp. 00, 727.
Department of
docks,
1881, ch. 307, $1.
Department of
street cleaning,
his appointment.
practicing physician, for not less than five years preceding his
appointment. The commissioner of health, who is not a physician,
shall be the president of the board, and shall be so designated in
The commissioners of health shall, unless sooner
removed, respectively hold their offices for six years and until their
successors shall be respectively appointed and have qualified.
§ 42. The head of the department of public parks shall be
called the board of parks. Said board shall consist of four mem-
bers, who shall be known as commissioners of parks, and who
shall, unless sooner removed, respectively hold their offices for
five years and until their successors shall be respectively appointed
and have qualified. - - -
§ 43. The head of the department of taxes and assessments
shall be called the board of taxes and assessments. Said board
shall consist of a president, who shall be so designated in his
appointment, and two persons, who shall be called commissioners
of taxes and assessments. They shall, unless sooner removed,
respectively hold their offices for six years and until their suc-
cessors shall be respectively appointed and have qualified.
§ 44. The head of the department of docks shall be called the
board of docks. Said board shall consist of three persons, who
shall be residents of said city, and shall, unless sooner removed,
respectively hold their offices for six years and until their suc-
cessors shall be respectively appointed and have qualified.
$45. The head of the department of street cleaning shall be
called the commissioner of street cleaning, and shall, unless sooner
removed, hold his office for six years, and until his successor shall
be appointed and has qualified. .
CHAPTER III.
GENERAL PROVISIONS, POWERS, AND LIMITATIONS APPLICABLE TO DEPART-
1873, ch. 337,589,
Comp. 90,
Majority consti-
tute quorum of
boards, etc.
, 5 Daly, 448; 7 .
Rob. 209: 33
N.Y. 293; 60 id,
358.
NO ..". diture
beyond appro-
priation. -
1873,ch.335,5112,
1880, ch. 521, $4.
lºxpenses not to
exceed amount
appropriated.
MENT'S AND () FFICIERS.
§ 46. A majority of the members of a board in any department
of the city government, and also of the board for the revision and
correction of assessments, shall constitute a quorum to fully
perform and discharge any act or duty authorized, possessed by, or,
imposed upon any department or any board aforesaid, and with the
same legal effect as if every member of any such board aforesaid
had been present, except as herein otherwise specially provided.
Each board may, except as herein otherwise provided, choose, in
its own pleasure, one of its members, who shall be its president,
and One who shall be its treasurer, and may appoint a chief clerk
or Secretary. No expense shall be incurred by any of the depart-
ments, boards or officers thereof, unless an appropriation shall
have been previously made covering such expense, nor any expense.
in excess of the sum appropriated in accordance with law. •
§ 47. It shall be the duty of the heads of all departments of said
city, and of all boards and officers charged with the duty of
expending or incurring obligations payable out of the moneys
raised by tax in said city, so to regulate such expenditures for any
purpose or object, that the same shall not in any one year exceed
GENERAL PROVISIONS AS TO DEI’AIRTMENTS. 11
the amount appropriated by the board of estimate and apportion-
ment for such purpose or object ; and no charge, claim, or liability
shall exist or arise against said city for any sum in excess of the
amount appropriated for the several purposes.
$48. The heads of all departments (except as otherwise herein
specifically provided) shall have power to appoint and remove all
chiefs of bureaus (except the chamberlain), as also all clerks, officers,
employees, and subordinates in their respective departments,
except as herein otherwise specially provided, without reference to
the tenure of office of any existing appointee. But no regular clerk
1873, ch. 335, $28.
ConnD, 70.
iñº of depart-
ments to re-
move clerks, etc.
72, N.Y. 445; 16
or head of a bureau shall be removed until he has been informed N.Y. 4
of the cause of the proposed removal, and has been allowed an
opportunity of making an explanation ; and in every case of a re-
moval, the true grounds thereof shall be forthwith entered upon the
records of the department or board. In case of removal, a state-
ment, showing the reason therefor, shall be filed in the department.
The number and duties of all officers and clerks, employees, and
subordinates in every department, except as otherwise herein
specifically provided, with their respective salaries, whether now
Hun. 809; 73,
37
Removale to be
for cause.
23 Hun, 317.
Duties of clerks,
etc.
fixed by special law or otherwise, shall be such as the heads of the
respective departments shall designate and approve; but subject,
also, to the revision of the board of estimate and apportionment ;
provided, however, that the aggregate expense thereof shall not
exceed the total amount duly appropriated to the respective depart-
ments for such purposes. Any head of department may, with the
consent of the board of estimate and apportionment, consolidate any
two or more bureaus established by law, and may change the duties
of any bureau ; and it shall be the duty of the head of the finance
department to bring together all officers and bureaus authorized to
receive money for taxes, assessments or arrears, in such manner
that the payment of the same can be made, as nearly as practicable,
at one time and place, and in one office.
§ 49. The said departments shall, once in three months, and at
such other times as the mayor may direct, make to him, in such form
and under such rules as he may prescribe, reports of the operations
and action of the same and each of them, which reports shall be
published in the City Record. The said department shall always,
1873, ch. 335, $27,
Comp. 70.
To report quar-
terly to mayor.
when required by the mayor, furnish to him such information as he
may demand, within such reasonable time as he may direct.
§ 50. The heads of all departments, except the police depart-
ment, and the chiefs of each and every bureau of said departments,
or any of them, except the police department, shall, with reasonable
promptness, furnish to any taxpayer desiring the same a true and
certified copy of any book, account, or paper kept by such depart-
ment, bureau, or officer, or such part thereof as may be demanded,
upon payment in advance of five cents for every hundred words
thereof by the person demanding the same. All books, accounts,
and papers in any department or bureau thereof, except the police
department, shall at all times be open to the inspection of any
taxpayer, subject to any reasonable rules and regulations in regard
to the time and manner of such inspection as such department,
bureau or officer may make in regard to the same, in order to
secure the safety of such books, accounts, and papers, and the
proper use of them by the department, bureau, or officer. In case
jS73, ch.335, S107,
§. 97.
Heads of depart-
ment (except
police) to furn-
islı certified
copies of papers,
Ctc.
Books, etc., to
be opened for
inspection.
12 SALAIRIES.
1873,ch.385,5110,
Comp. 99.
Records to be
kept and ab-
* publish-
€0.
Notice of ap-
pointments, etc.
to be published.
1880, ch. 521, $2.
Salaries,
such inspection shall be refused, such taxpayer, on his sworn peti-
tion, describing the particular book, account, or paper that he
desires to inspect, may, upon notice of not less than one day to such
department, bureau, or officer, apply to any justice of the supreme
court for an order that he be allowed to make such inspection as
such justice shall by his order authorize, and such order shall
specify the time and manner of such inspection.
§ 51. In every department or board there shall be kept a record
of all its transactions, which shall be accessible to the public, and
once a week a brief abstract, omitting formal language, shall be
made of all transactions, and of all contracts awarded and entered
into for work and material of every description, which abstract shall
contain the name or names, and residences by street and number,
of the party or parties to the contract, and of their sureties, if any.
A copy of such abstract shall be promptly transmitted to the person
designated to prepare the City Record, and shall be published
therein. Notice of all appointments and removals from office, and
all changes of salaries, shall, in like manner, within one week
after they are made, be transmitted to and published in the City
Record. -
§ 52. The annual salaries to be paid to persons herein named,
and elected or appointed to the several specified positions, shall,
from and after their entrance upon their duties, be as follows, and
such salaries shall be in full for all services rendered by them to
the city or county in any capacity whatever :
To the mayor, ten thousand dollars.
To the comptroller, ten thousand dollars.
To the commissioner of public works, eight thousand dollars.
To the corporation counsel, twelve thousand dollars, and all
legal costs collected by him shall be paid into the treasury of the
city.
To the commissioners of police, five thousand dollars each.
To the president of the department of parks, five thousand
dollars. -
To the commissioners of the department of parks, other than
the president, nothing.
To the commissionels of the fire department, five thousand
dollars each.
To the commissioners of the department of public charities and
correction, five thousand dollars each.
To the corporation attorney, the public administrator, and the
attorney for the collection of arrears of personal taxes, four thou-
sand dollars each.
To the attorney for the fire department, four thousand dollars.
To the president of the health department, five thousand
dollars.
To the commissioner of the health department, other than the
president, four thousand dollars.
To the president of the board of aldermen, three thousand
dollars.
To the members of the board of aldermen, other than the presi-
dent, two thousand dollars each.
To the president of the department of taxes and assessments,
five thousand dollars.
SALARIES. 13
To the commissioners of the department of taxes and assess-
ments, other than the president, four thousand dollars.
To the commissioners of the department of docks, three thou-
sand dollars each.
To the commissioner of street cleaning, six thousand dollars.
To the commissioners of accounts, appointed by the mayor, two
thousand dollars each.
No subordinate in any department shall receive a salary in
excess of the highest salary paid to the head of the department,
except that the chief engineer of docks and the superintendent
of police may each receive a salary not exceeding six thousand
dollars.
But there shall continue to be paid to the persons who held the
following specified positions on May 28, 1880, during the remainder
of the terms then held by them, so long as they retain the
same, annual salaries as follows, which shall be in full for all
services rendered by them to the city or county, in any capacity
whatever : -
To the commissioners of police, six thousand dollars each.
To the commissioners of parks, other than the president,
nothing.
To the president of the health department six thousand five
hundred dollars.
To the commissioner of health, other than the president, five
thousand dollars.
To the commissioners of taxes and assessments, five thousand
dollars each.
To the commissioners of accounts, appointed by the mayor,
three thousand dollars each. -
§ 53. Every person who shall be appointed or elected to any
office under the said city shall receive a certificate of appointment,
designating the term for which such person has been appointed or
elected.
§ 54. Every person elected or appointed to any office under the
city government shall, within five days after notice of such election,
or appointment, take and subscribe before the mayor or any judge
of a court of record, an oath or affirmation faithfully to perform the
duties of his office; which oath or affirmation shall be filed in the
office of the mayor.
§ 55. Any person holding office, whether by election or appoint-
ment, who shall, during his term of office, accept, hold, or retain
any other civil office of honor, trust, or emolument under the gov-
ernment of the United States (except commissioners for the taking
of bail, or register of any court), or of the state (except the office
of notary public or commissioner of deeds, or officer of the national
guard), or who shall hold or accept any other office connected with
the government of the city of New York, or who shall accept a seat
in the legislature, shall be deemed thereby to have vacated every
office held by him under the city government. No person shall
hold two city or county offices, except as expressly provided in this
act; nor shall any officer under the city government hold or retain
an office under the county government, except when he holds such
office ex-officio, by virtue of an act of the legislature; and in such
case he shall draw no salary for such ex-officio office.
1881, ch. 367, $1.
Subordinate
salaries limited.
1873,ch.335, S116,
Comp. 105.
Annual salaries
1873, ch. 335,893,
Comp. 92.
Certificates of
appointment.
1873, ch, 335,894
92
Comp. 92.
Official oath.
1873,ch.335, S114,
Comp. 104.
Officer not to
hold either state
orfederal offices,
49 How, 208; 42
N.Y. Supr. 481;
58 N.Y. 295; 73
id, 535; 67 id. 4
456; 6 Hun, 132;
68 N.Y. 413.
14 - FEES, ETC.--FRAUDS.
1873, ch. 336,596,
as amended
1873, ch. 757,516,
Comp. 92.
. No officer to re-
ceive fees to his
( ) WI) U18 C.
8 Hun, 370; 21
Hun, 483;
1871, ch. 742, $14.
1880, ch. 521, $2.
Officers receiv-
ing salaries not
to receive to
their own use
any fees, etc.
1880, ch. 521, $2.
Return of to be
made before
salary is paid.
1873, ch. 335,695,
Comp. 92.
Penalty for
frauds upon
city, etc.
13 Hun, 395.
§ 56. No officer of the city government except the city mar-
shals, shall have or receive to his own use any fees, perquisites,
or commissions, or any percentage ; but every such officer shall be
paid by a fixed salary, and all fees, percentages, and commissions
received by any such officer shall be the property of the city. And
every officer who shall receive any fees, perquisites, commissions,
percentages, or other money which should be paid over to the city,
shall, before he shall be entitled to receive any salary, make under
Oath a detailed return to the comptroller, showing the amount of
all such fees, commissions, or percentages, perquisites, and moneys
received by him since the last preceding report, the person from
whom received, and the reason for its payment, and shall produce
the receipt of the chamberlain, showing the payment to him, by
Said officer, of the aggregate amount thereof. All sums received as
above, or for licenses or permits, except as in this act otherwise
expressly provided, shall be paid over weekly, without deduction
by the officers or department receiving them, to the chamberlain,
and a detailed return under oath shall at any time be made in such
form as the comptroller shall prescribe, stating when and from
whom, and for what use such moneys were received. No officer or
person who is paid a salary for his services from the city treasury
and who entered upon his office since May 28, 1880, or shall here-
after enter upon his office, shall receive to or for his own use any
fees, costs, allowances, perquisites of office, commissions, percent-
age, or moneys paid to him in his official capacity; but all fees,
costs, allowances, perquisites, commissions, percentages, and
moneys so paid or received by any such officer or person, shall be
the property of the city and shall be paid by him into the city
treasury; and every such officer or person who shall receive an
fees, perquisites, commissions, percentages, or other moneys whic
belong to the city, and should be so paid into the treasury, Shall,
before he shall be entitled to receive or be paid his salary, make
under oath a detailed statement and return to the comptroller, in
Such form as he may prescribe, showing the amount of all such
moneys received by him since the last preceding statement and
returns, and shall produce a receipt showing the payment of such
sum into the treasury. The comptroller may require any such
person or officer to make such statement and return to him, if it be
not made as herein provided ; and may examine any such officer or
person under oath touching the amount of any fees, costs, allow-
ances, perquisites, commissions, percentages, or moneys paid to or
received by him in his official capacity.
§ 57. Any officer of the city government, or person employed
in its service, who shall wilfully violate or evade any of the provis-
ions of law, or commit any fraud upon the city, or convert any of
the public property to his own use, or knowingly permit any other
person so to convert it, or by gross or culpable neglect of duty
allow the same to be lost to the city, shall be jºi guilty of a
misdemeanor, and, in addition to the penalties imposed by law,
and on conviction, shall forfeit his office, and be excluded forever
after from receiving or holding any office under the city govern-
ment; and any person who shall wilfully swear falsely in any
oath or affirmation required by this chapter shall be guilty of
perjury.
BIRIBJERY-CONTRACT8. 15
§ 58. Every person who shall promise, offer, or give, or cause,
or aid, or abet in causing to be promised, offered, or given, or fur-
mish, or agree to furnish, in whole or in part, to any other person
to be promised, offered, or given to any member of the common
council, or any officer of the corporation, or clerk, after his elec-
tion or appointment as such officer, member, or clerk, or before or
after he shall have qualified and taken his seat, or entered upon
his duty, any moneys, goods, right in action, or other property or
anything of value, or any pecuniary advantage, present or pros-
pective, with intent to influence his vote, opinion, judgment, or
action, on any question, matter, cause, or proceedings which may be
then pending, or may by law be at any time brought before him in
his official or clerical capacity, shall be deemed guilty of a felony,
and shall, upon conviction, be imprisoned in a 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 agree-
ment or understanding that his vote, opinion, judgment, or
action shall be influenced thereby, or shall be given in any question
matter, cause, or proceeding then or at any time pending, or which
may by law be brought before him in his official capacity, shall be
deemed guilty of a felony, and shall, upon conviction, be disquali-
fied from holding any public office, trust, or appointment under the
city of New York, and shall forfeit his office, and shall be punished
by imprisonment in the penitentiary not exceeding two years, or by
a fine not exceeding five thousand dollars, or both, in the discretion
of the court. Every person offending against either of the provis-
ions 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 crimi-
nal, against the person so testifying.
$ 59. 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 or become, directly or indirectly, inter-
ested in or in the performance of any contract, work, or business, or
the sale of any article, the expense, price, or consideration of which
is payable from the city treasury, or by any assessment levied by
any act or ordinance of the common council; nor in the purchase
or lease of any real estate or other property belonging to or taken
by the corporation, or which shall be sold for taxes or assessments, or
by virtue of legal process at the suit of the said corporation. If any
person in this section mentioned shall, during the time for which
he was elected or appointed, knowingly acquire an interest in any
contract or work with the city, or any department or officer thereof,
unless the same shall be devolved upon him by law, he shall, on
conviction thereof, forfeit his office, and be punished as for a mis-
demeanor. All such contracts in which any such person is or be-
comes interested shall, at the option of the comptroller, be forfeited
and void. No person in this section named shall give, or promise
to give, any portion of his compensation, or any money or valuable
thing, to any officer of the city, or to any other person, in consider-
1873,ch.335,5100,
Comp. ;
Bribery, etc.,
how punished.
Offenders COINT -
petent wit-
The $SQ8.
1873,ch.395, $101,
Comp. 94.
Officers of the
corporation not
to be interested
in contracts,etc.
23 N.Y. 318; 3
Hun, 661; 62 N.
Y. 636.
Penalty.
Not to give any
portion of com-
pensation to an-
other in consid-
eration of ap-
pointment, etc.
16 EXAMINATION OF OFFICERS.
1873,ch.335,5109,
Comp. 98.
Summary exam-
ination of
officers.
Subject of in-
Quiry.
To give perti-
nent an 8wer8,
and produce
books, etc.
Witnesses may
examine.
Powers Of
justice.
CO3ts.
Examination to
be reduced to 4
writing and
filed.
ation of his having been or being nominated, appointed, elected, or
employed as such officer, agent, clerk, or employee, under the pen-
alty of forfeiting his office and being forever disqualified from being
elected, appointed, or employed in the service of the city, and shall,
On conviction, be punished for a misdemeanor.
§ 60. Any alderman, commissioner, head of department, chief of
bureau, deputy thereof or clerk therein, or other officer of the cor-
poration or person, may, if a judge shall so order, be summarily
examined upon an º to be made on application based on an
affidavit of the mayor or of the comptroller, or any five aldermen, or
any commissioner of accounts, or of any five citizens who are tax-
payers, requiring such examination, and signed by any justice of
the Supreme court of the first judicial department, directing such
examination to be publicly made at the chambers of said court, or
at the office of said department, on a day and hour to be named,
not less, however, than forty-eight hours after personal service of
said order. Such examination shall be confined to an inquiry into
any alleged wrongful diversion or misapplication of any moneys or
fund, or any violation of the provisions of law, or any want of
mechanical qualifications of any inspectorship of public work, or
any neglect of duty in acting as such inspector, or any delinquency
charged in said affidavit touching the office or the discharge or neg-
lect of duty, of which it is alleged in the application for said order
that such alderman, head of department, or other aforementioned
officer or persons, has knowledge or information. Such alderman,
commissioner, head of department, clerk or other aforesaid officer
or person shall answer such pertinent questions relative thereto,
and produce such books and papers in his custody or under his
control, as the justice shall direct, and the examination may be
continued from time to time, as such justice may order, but the
answer of the party charged shall not be used against him in any
criminal proceeding ; provided, however, that for all false answers
on material points he shall be subject to the pains and penalties of
the crime of perjury. The proceedings may be continued before
any other justice in said district, and other witnesses, as well as the
parties making such application, may, in the discretion of said
justice, be compelled to attend and be examined touching such
alleged delinquencies. Such justice may punish any refusal to
attend such examination or to answer any questions pursuant to his
order, as for a contempt of court, and shall have as full power and
authority to enforce obedience to the order or directions of himself
or any other justice, as any justice of the Supreme court may now
have, or shall possess, to enforce obedience or to punish contempt
in any case or matter whatever, and shall impose costs upon those
promoting such an examination, not exceeding two hundred and
fifty dollars, if he thinks there was no probable cause for makin
the application hereinbefore provided for, the said costs to be ;
to the officer or person examined, and for which the said officer or
person may have judgment and an execution. The examination
hereinbefore provided for shall be reduced to writing, and be filed
in the office of the county clerk of the county of New York, and be
at all reasonable times accessible to the public, and notice of
the same be given to the department in which said officer is
employed.
17
j; ſº LI(#ſ () [JS S(; ; ) ()() LS - ()() NT It A (JTS,
§ 61. No money belonging to the city, or city and county of New
York, raised by taxation upon the property of the citizens thereof,
shall be appropriated in aid of any religious or denominational
school, neither shall any property, real or personal, belonging to
said city, or said city and county, be disposed of to any such
school, except upon the sale thereof at public auction, after the
same has been duly advertised, at which sale such school shall be
the highest bidder, and upon payment of the sum 80 bid into the
city treasury; neither shall any property belonging to the city, or
city and county, be leased to any 3chool under the control of any
religious or denominational institution, except upon such terms as
city property may be leased to private parties after the game has
been duly advertised. *-
§ 62. All property sold other than land under water shall be sold
at auction, after previous public notice, under the superintendence
of the appropriate head ...] départment. The proceeds of all sales
made under and by virtue of this act shall, except as herein other-
wise specially provided, be by the officer receiving the same
immediately deposited with the chamberlain ; and the account of
sales, verified by the officer making the sales, shall be immediately
filed in the office of the comptroller.
§ 63. Except for repairs no patented pavement shall be laid and
no patented article shall be advertised for, contracted for, or pur-
chased, except under such circumstances that there can be a fair
and reasonable opportunity for competition, the conditions to
secure which shall be prescribed by the board of estimate and
apportionment.
§ 64. All contracts to be made or let for work to be done or
supplies to be furnished, except as in this act otherwise provided,
and all sales of personal property in the custody of the several
departments or bureaus shall be made by the appropriate heads of
departments under such regulations as now exist or shall be estab-
lished 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 or supply furnished for the cor-
poration, and the several parts of the said work or supply shall
together involve the expenditure of more than one thousand dollars,
the same shall be by contract, under such regulations concerning it
as shall be established by ordinance of the common council, except-
ing such works now in progress as are authorized by law or
ordinance to be done otherwise than by contract, and unless other-
wise ordered by a vote of three-fourths of the members elected to
the common council; and all contracts shall be entered into by the
appropriate heads of departments, and shall, except as herein other-
wise provided, be founded on sealed bids or proposals, made in
compliance with public notice duly advertised in the City Record,
said notice to be published at least ten days; if the head of
department shall not deem it for the interests of the city to reject
all bids he shall, without the consent or approval of any other
department or officer of the city government, award the contract to
the lowest bidder, the terms of whose contract shall be settled by
the counsel to the corporation as an act of preliminary specification
to the bid or proposal, and who shall give security for the faithful
1873, ch, 235,875,
as amended
1873, ch. 757,910,
Comp. 85.
Money8, how
used.
Property to be
Hold at auction.
1843, ch. 335,592,
Comp. 92.
j6 IHun. 38ſ).
ProceedB of
Bałe.8.
1873,ch.335,5115,
a8 amended
1873, ch. 757, 22,
Comp. 105.
Patented pave.
Inents, etc.,
1873, ch. 335,591,
t f
Comp. 91.
Contracts for
work or sup-
plies, etc.
1 Hun, 30; 63
N.Y. 239; 75 N.
Y. 388; 17 Hun,
518; 2 id., 301;
65 Barb. 331; 10
N.Y. 504; 1
Daly, 102; 60 N.
Y. 303; 33 N.Y.
39; 20 id. 312;
10 Abb. 144; 19
How, 155.
When work, etc.
must be by con-
tract.
See 75, N.Y. 388;
19 Hun, 470; 57
How. 500,
Contracts must
be founded on
sealed bids, etc.
1881, ch. 308.
2
18 (JONTTRACTS-THE (JITY IRTECOI&L).
3ids to be pub-
licly opened.
1881, ch, 147, $2.
1873, ch.335,5339,
Comp. 93.
Defaulters to
city not to be
awarded con-
tracts, etc.
1873, ch. 335,592,
Comp. 92.
1881, ch. 147, $1.
Proposals to be
advertified.
Peposit to ac-
company bid.
Return of de-
poBits to unsuc-
cessful bidders,
etc.
1873,ch.835,6111,
Comp. 99.
See 1873, ch. 823,
# Comp. 831.
Jity Record,
publication of.
performance of his contract in the manner prescribed and required
by ordinance; and the adequacy and sufficiency of this security
shall, in addition to the justification and acknowledgment, be
approved by the comptroller. All bids or proposals shall be
publicly opened by the officers advertising for the same and in the
presence of the comptroller, but the opening of the bids shall not
be postponed if the comptroller shall, after due notice, fail to attend.
If the lowest bidder shall neglect or refuse to accept the contract
within five days after written notice that the same has been awarded
to his bid or proposal, or if he accepts but does not execute the
contract and give the proper security, it shall be readvertised and
relet as above provided. In case any work shall be abandoned b
any contractor, it shall be readvertised and relet by the head of the
appropriate department, in the manner in this section provided.
No bid shall be accepted from, or contract award to, any person
who is in arrears to the corporation upon debt or contract, or who
is a defaulter, as Surety or otherwise, upon any obligation to the
corporation. Every contract, when made and entered into, as
before provided for, shall be executed in duplicate, and shall be
filed in the department of finance ; a receipt for each payment,
made on account of or in satisfaction of the same, shall be indorsed
on the said contract by the parfv receiving the warrant, which
warrant shall be only given to vine person interested in such con-
tract, or his authorized representative. No expenditure for work
or supplies involving an amount for which no contract is required
shall be made, except the necessity therefor be certified to by the
head of the appropriate department, and the expenditure has been
duly authorized and appropriated.
§ 65. Whenever proposals for furnishing supplies or doing work
are invited by advertisement by any department or officer, such
department or officer is authorized and directed to require as a con-
dition precedent to the reception or consideration of any proposal,
the deposit with such department or officer of a certified check
upon one of the national banks of the said city, drawn to the order
of the comptroller, or of money (such checks or money to accom-
pany the proposal) to an amount not less than three nor more than
five per cent. of the amount of the bond required by the department
or officer for the faithful performance of the work proposed to be
done or supplies to be furnished. Within three days after the
decision as to who is the lowest bidder, the comptroller shall return
all the deposits made to the persons making the same, except the
deposit made by the lowest bidder for any contract; and if the said
lowest bidder shall refuse or neglect within five days after due
notice that the contract has been awarded, to execute the same, the
amount of deposit made by him shall be forfeited to and retained
by the said city as liquidated damages for such neglect or refusal,
and shall be paid into the sinking fund of the said city, but if the
said lowest bidder shall execute the contract within the time afore-
said, the amount of his deposit shall be returned to him.
§ 66. There shall be published daily (Sundays and legal holidays
excepted), under a contract to be made as hereinafter provided, a
paper to be known as the City Record. The mayor, corporation
counsel and commissioner of public works shall appoint a proper
person, together with such assistants as may be required,
THE CITY RECORD. 19
to supervise the preparation and publication of the same, and
they shall also fix the rates of compensation of said supervisor
and his assistants. All the expenses connected with its publication
and distribution, except the salary of the person appointed to Super-
vise the same, and the salaries of his assistants, shall be covered
by a contract for printing, to be made in the same manner as other
contracts. The board of estimate and apportionment shall provide
for all the necessary expenses of conducting the said City. Record.
There shall be inserted in said City Record nothing aside from
such official matters as are expressly authorized. The contract for
the publication of the City Record shall provide for furnishing, free
of charge, to the city not more than one thousand copies thereof,
also for a gratuitous distribution to every newspaper regularly
printed in the city of New York, when it shall apply for the same,
of two copies, and to every public lib: ary or public institution in
said city which shall apply for the same, of one copy. , Copies of
the same shall be sold by the publisher at a price to be fixed by
the officers making the contract, and the proceeds thereof shall be
paid over to the city. All advertising required to be done for the
city, except as in this act of herwise specially provided, and all
notices required by law or ordinance to be published in corporation
papers, shall be inserted, at the public expense, only in the City
Record, and a publication therein shall be a sufficient compliance
with any law or ordinance requiring publication of such matters or
notices; but there may be inserted in two morning and two even-
ing and two weekly papers published in the English language, and
in one newspaper published in the German language, all in said
city, to be designated by the mayor, corporation counsel and com-
missioner of public works, annually, brief advertisements calling
attention to any contracts intended to be awarded, or bonds to be
sold, and referring for full information to said City Record. But
nothing herein contained shall prevent the publication elsewhere
of any advertisement required by law; provided, however, that no
such publication shall be made unless the same is authorized by a
concurrent vote of the mayor, corporation counsel, and commis-
sioner of public works. No money shall be paid from the city
treasury for advertising done after April thirtieth, eighteen hun-
dred and seventy-three, except such as is herein authorized, and no
action shall be maintained or judgment obtained against the city
for any advertising done after such date, except such as is herein
authorized. The copies of the City Record furnished to the city
shall be distributed to the several departments and officers, and to
such persons and in such manner as the mayor shall direct. The
comptroller shall cause a continuous series of the City Record to
be bound, as completed quarterly, and to be deposited, with his
certificate thereon, in the office of the register of deeds of the city
and county of New York, in the county clerk's office, and in the
office of the clerk of the board of Aldermen, and copies of the con-
tents of any part of the same, certified by such register, county
clerk, or clerk of the said board, shall be received in judicial pro-
ceedings, as prima-facie evidence of the truth of the contents
...;
§ 67. It shall be the duty of the supervisor of the City Record
to cause the lists of registered voters, made and delivered by the
Expenses of.
Distribution of.
Sale of.
Advertisement
to be published
in other papers.
1873, ch. 758, $3,
Comp. 164.
Of publication
of advertise-
In CInts.
|Unauthorized
advertising not
to be paid for.
1873, ch. 335,816,
Cornp. 142.
City Record to
be bound and
certified, and to
be evidence,
1881, ch. 706, $2,
Supervisor to
arrange names
by districts,
20 THE CITY [3].COTRI).
To print and
publish Samc in
City Record.
Assembly dis-
tricts Bepa-
rately.
1873,ch.335,5111,
as amended
1875, ch. 631, $1,
Comp. 100.
Contract for
printing City
Record.
8tationery and
blanks.
Ten per cent. On
contract to be
withheld,
Separate con-
tract; for en-
gravings, maps,
etc.
chairmen of the boards of inspectors of election to the captains of
police, and by them delivered to him, to be arranged by assembly
districts and by election districts of assembly districts, commencing
with the first, and in such manner that the names of all registered
voters residing at any given number of any street shall appear
together, and those of each street in each election district shall
appear arranged by house numbers, in consecutive order, each
street separately. And as soon as the entire registry of voters
shall be completed, and the copies thereof made and delivered, the
said supervisor shall forth with cause the same to be printed and
published in the City Record, and in the form and manner herein
prescribed ; and such publication shall be made within eighty-four
hours after the close of each annual registration. The registry of
each assemby district shall be printed separately as a Supplement
to the City Iłecord, and each supplement containing the registry
of one assembly district shall be sold separately to persons wishing
ſº
to purchase the same at not less than five cents per copy. All
money received therefor shall be paid into the city treasury and
applied toward the payment of the cost of such publication.
§ 68. All printing for said city, including the printing of the
City Record, shall be executed and all stationery shall be sup-
plied, under contracts, to be entered into by the mayor, corporation
counsel, and commissioner of public works. All proposals for
printing and stationery shall be based upon specifications to be filed
in the department of public works, which shall set forth with
accuracy the number of every description of printed blanks; also
each description of stationery or blank books in ordinary use in
the board of aldermen and the respective departments, and likely
to be required during the year for which such contract is to be
given ; and the bids shall be given for such number of each printed
description of blanks, or of each article of stationery (including
under the head of stationery, letter or writing paper, or envelopes,
with printed headings or indorsements) as are specified, and for
such additional number as may be required, giving the price for
blanks of every description, and the price of all other printing
“ per thousand ems,” or for “rule and figure work; ” separate con-
tracts shall be made with the lowest bidder for any one description
of printing, or any article of stationery involving an expense of
more than five hundred dollars. Ten per cent. Of the amount
becoming due, from time to time, shall be withheld by the comp-
troller until the completion of the contract; and in case the con-
tractor shall fail to fulfill the same to the satisfaction of the mayor,
corporation counsel, and commissioner of public works, then the
may declare said contract to be annulled, and they shall immedi-
ately give notice for other bids for such printing during the
remainder of the term of contract. No judgment shall be recov-
ered against the city for printing or stationery done or furnished
after April thirtieth, eighteen hundred and seventy-three, unless
done or furnished under a contract where, under the provisions of
chapter three hundred and thirty-five of the laws of eighteen hun-
dred and seventy-three, or of this act, a contract was or is necessary,
or under a valid contract, or unless upon evidence of a contract
made as provided in this section. Separate contracts may be made
at any time for engraving, lithographing, wood-cuts, maps, or other
T'ſſ ſº CITY RECORT). 21
picture work, as the same may be required ; but nothing herein
contained shall be construed to require a separate contract for each
engraving, lithograph, or woodcut, or map, unless the officers afore-
said shall deem the same advisable for the interest of the city. No
more than one thousand copies of any message of the mayor, or
report of any head of a department, and no more than five hundred
copies of any report of a committee of the board of aldermen, shall
be printed apart from the City Record. Neither the work known as
the Manual of the Common Council nor any similar work shall be
printed at the public expense; but there shall be published in the
City Iłecord, within the month of January in each year, a list of
all subordinates employed in any department (except laborers),
with their salaries and residences by street numbers, and all
changes in such subordinates or salaries shall be so published within
one week after they are made. It shall be the duty of all heads of
departments to furnish to the person appointed to supervise the
publication of the City Record, everything required to be inserted
therein. The said person shall have the power to make requisi-
tions in writing upon the heads of departments to furnish the
information necessary to make up such list according to rules pre-
scribed by him and approved by the comptroller; and such informa-
tion must be supplied by the department within ten days after such
requisition. He shall have power to require such information in
the same manner, every three months, and all other information in
the control of said heads of departments, necessary to perform his
(luties under this section. He shall include in his list the number
of laborers, designating the department in which they are em-
ployed, and, if practicable, the numbers employed in the prosecution
of specific work, and the amounts paid to them. He shall also
cause to be printed in each issue of said City Record a separate
statement of the hours during which all public offices in the city
are open for business, and at which each court regularly opens and
adjourns as well as of the places where such offices are kept and
such courts are held. The detailed canvass of votes, at every
election, shall be published in the City Record. A list of the regis-
tered plumbers shall be published in the City Record at least once
in each year. The mayor may order the insertion of any official
matter or report in the City Record. Nothing herein contained
shall apply to any printing or supplies of stationery for the mayor,
aldermen and commonalty of the city of New York, where by the
Copies of meſſ-
Fagets and re-
ports limited.
City Inanual.
List of all offi-
cers and sub r-
dinates to be
published
yearly.
Powers of Ku-
pervis, r of City
Record.
, What to be
published.
See 1872, ch.675,
$90, as amended
1873, ch. 823, $4.
1881, ch. 450, $2.
concurrent vote of the mayor, counsel to the corporation, and com-
missioner of public works, it shall be decided to have such printing
done or such stationery furnished without contract let after adver-
tisement for bids or proposals, but in such cases such printing shall
be done and such stationery procured in the manner and on such
terms and conditions as the said officers shall deem to be for the
best interests of the city.
§ 69. The commissioner of public works, in conjunction with
the mayor and comptroller, is authorized from time to time to
contract for lighting the streets, avenues, piers, parks, and places
of the city with gas or other illuminating material by one or
more contracts to be let at public lettings, as provided by law, for
a period of one year, or any part of a year, and commencing and
terminating at any dates the said board may determine. The care
Printing and
stationery.
1873, ch. 335,573,
1878, ch. 125, $1,
as amended
1879. ch. 478,
Comp. 163.
Lighting streets,
avenues, etc.
22 I,EGISLATIVE DEPARTMENT,
Care and main-
tenance of
lamps.
1873, ch. 345, §5,
Comp. 140. *
Quorum.
1873, ch. 335, $5,
Coimp. 140.
OfficerH, clec-
tion.
1 IIun, 96; 1 id.
35; 59 IIow., 35;
63 N.Y. 48.
Jº-ye
show, 101,
147,
1873, ch. 335, $7,
Comp. 141.
1873, ch. 335, $8,
Comp. 141.
Meetings.
1873, ch. 325,8$9,
14, Comp. 141.
Ordinances and .
reBoluſions.
Expenditure of
money restric-
ted.
and maintenance of such lamps shall be under the Supervision of
the commissioner of public works. Provided, always, that the
department of public parks shall have exclusive authority to decide
when and where any new lamps shall be put and lighted in any of
*.
said parks or places under its control. -
CHAPTER IV.
T/EGISTATIVE DEPARTMENT".
§ 70. A majority of the board of aldermen shall constitute a
quorum. The comptroller, the commissioner of public works, the
corporation counsel, and the president of each department, shall
be entitled to seats in the board, and to notice of its meetings, and
shall have the right to participate in its discussions, but in no wise
shall be considered as members of the board, and shall not have
the right to vote. ..
§ 71. The board of aldermen shall : First by the affirmative
vote of a majority of those present, and constituting a quorum,
choose a president from its own members by a call of the names of
the members of the board, upon which call each member shall
announce his choice, and when once chosen such president can be
removed before the expiration of his term as alderman, only by a
vote, taken by a call of ayes or noes, of four-fifths of all the mem-
bers of the board. Second, appoint a clerk and other officers.
Third, determine the rules of its own proceedings. Fourth, be the
judge of the election, returns, and qualifications of its own mem-
bors, subject, however, to the review of any court of competent
jurisdiction. Fifth, keep a journal of its proceedings. Sixth, sit
with open doors. Seventh, have the authority to compel the attend-
ance of absent members, and to punish its members for disorderly
behavior, and to expel any nember, with the concurrence of two-
thirds of the members elected to the board. No alderman shall
sit or act as a magistrate in any judicial matter or proceeding.
§ 72 Every member expelled from the board shall thereby for-
feit all his rights and powers as alderman.
§ 73. The stated and occasional meetings of the board shall be
regulated by its own resolutions and rules.
§ 74. Every legislative act of the common council shall be by
resolution or ordinance. No ordinance or resolution shall be passed
except by a vote of the majority of all the members elected to the
board. In case any ordinance or resolution involves the expendi-
ture of money or the laying of an assessment, the lease of real
estate or franchises, the votes of three-fourths of all the members
elected to the board shall be necessary to its passage. No money
shall be expended for any celebration, procession, funeral ceremony,
reception, or entertainment of any kind, or on any occasion, unless
by the votes of four-fifths of all the members elected to the board.
No additional allowance beyond the legal claim which shall exist
under any contract with the corporation, or with any department or
officer thereof, or for any services on its account or in its employment,
shall ever be passed by the common council, except by the unani-
mous vote thereof; and in all cases the provisions of any such con-
aw
CLERK OF THE BOARD OF ALDERMEN. 23
tract shall determine the amount of any claim thereunder or in
connection there with, against the said corporation, or the value of
any Huch Hervices.
§ 75. Every ordinance or resolution shall, before it shall take
effect, be presented, duly certified, to the mayor for his approval.
The mayor shall return such ordinance or resolution to the board
within ten days after receiving it, or at the next meeting of the
board after the expiration of said ten days. If he approve it he
shall sign it. If he disapprove it he shall specify his objections
thereto in writing. If he do not return it with such disapproval
within the time above specified, it shall take effect as if he had
approved it. Such objections of the mayor shall be entered at large
on the journal of the board, and the board shall, after ten days, and
within fifteen days after such ordinance or resolution shall have
been returned to it, proceed to reconsider and vote upon the same.
If the same shall, on reconsideration, be again passed by the votes
of at least two-thirds of all the members elected, but in no case by
a less vote than was necessary on its first passage, it shall take
effect. If the ordinance or resolution shall fail to receive, upon the
first vote upon such reconsideration, such number of affirmative
votes, it shall be deemed finally lost. In all cases the vote shall be
taken by ayes and noes, and the names of the persons voting for or
against its passage, on such reconsideration, shall be entered in the
journal of the board. In case an ordinance or resolution shall
embrace more than one distinct subject, the mayor may approve
the provisions relating to one or more subjects and disapprove the
others. In such case, those which he shall approve shall become
effective, and those which he shall not approve shall be reconsidered
by the board, and shall only become effective if again passed as
above provided. -
§ 76. The clerk of the board of aldermen shall, by virtue of his
office, be clerk of the common council and of the board of aldermen,
when performing any duties or exercising any powers heretofore
devolved by the constitution or the law, upon the board of super-
visors, and shall perform all his duties without additional compen-
sation to that paid him as clerk of the board of aldermen. It shall
be his duty to keep open for inspection, at all reasonable times, the
records and minutes of the proceedings of said boards. He shall
keep the seal of the city, and his signature shall be necessary to all
leases by the city of its property, and to all grants and other docu-
ments, as under existing laws.
§ 77. Said clerk shall, except as in this act otherwise provided,
receive, have, take charge of, and keep 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 board of
aldermen shall from time to time direct or order to be delivered to
and kept by the said clerk, but under the direction and subject to
the order and control of the said board. *
§ 78. The original records and papers in the several public
offices in the city and county, bearing date prior to and inclusive of
the year one thousand six hundred and ninety-nine, shall be
deposited with the said clerk, to be preserved in his office, and said
officer shall cause copies and translations thereof to be filed in the
offices from which said records shall be taken where such copies
1873, ch. 335,559,
10, 11, 12, 18,
Comp. 141.
Approved by
mayor, etc.
Vetſ),
Proceedings in
case of Veto.
1873, ch. 335. S15,
Comp. 142.
Clerk of board
of aldermen, his
powers and
duties.
See 1880, ch.
461; 64 N. Y.
499.
R. L. 1813, ch.
86, $167, Comp,
146.
1856, ch. 1, 1, $1,
Comp. 151.
Certain records
to be deposited
with clerk of
council.
24 T}()ARD OF AIDEIRMEN,
1873, ch. 335,575,
as amended
1873, ch. 757, §5,
Comp. 142.
1873, ch. 335,516,
Comp. 142.
To prepare ab-
Ht:‘acts, etc., for
piiblication.
46 N.Y. 42; 62
id. 504; 73 id.
2'38.
IRc8olutions to
be published.
See 1880, ch.461.
76 N.Y., 174,
When to be ap-
proved by
mayor.
1873, ch. 335,518,
Comp. 145.
Taxes, etc.
10 Hun, 124; 69
N.Y. 444; 64 id.
500; 6 Hun, 11.
See 1880, ch. 461.
1881, ch. 478, $5.
Agreement with
Queens Co.
and translations have not heretofore been made and filed. Access
by the public shall at all times be allowed for the examination of
said records and papers, under such regulations as shall be estab-
lished by said clerk to secure the preservation of the same.
§ 79. The said clerk shall, subject to the rules of the board,
appoint and remove at pleasure deputy clerks in his department and
fix their salaries. The deputy clerks and other officers of the board
of aldermen shall be officers of the board when performing duties
heretofore performed by the board of supervisors and no separate
officers or subordinates shall be appointed to aid them when per-
forming such duties, and such clerks and officers shall receive no
additional compensation for services rendered at such times. The
aggregate amount of salaries paid to the clerks and officers of the
board of aldermen, including the salary of the clerk, shall not exceed
twenty-five thousand dollars in any one year.
§ 80. Immediately after the adjournment of each meeting of the
board of aldermen, it shall be the duty of the clerk to prepare a
brief extract, omitting all technical and formal details, of all
resolutions and ordinances introduced or passed, and of all recom-
mendations of committees, and of all final proceedings, as well as
full copies of all messages from the mayor and all reports of depart-
ments or officers. He shall at once transmit the same to the person
appointed to supervise the publication of the City Record. No
resolution or ordinance providing for or contemplating the aliena-
tion or appropriation or leasing any property of the city, terminat-
ing the lease of any property or franchise belonging to the city, or
the making of any specific improvement, or the appropriation or
expenditure of public moneys, or authorizing the incurring of any
expense, or the taxing or assessing of property in the city, shall be
passed or adopted by the board until at least five days after such
abstract of its provisions shall have been published. No such
ordinance or resolution shall be approved by the mayor until three
days after such abstract shall have been so published after its pas-
sage ; but if an abstract of any resolution or ordinance shall have
been once published after its introduction, it shall not thereafter be
necessary to publish the same again, but only to refer to the date
and page of the former in the City Record, and to state the amend-
ments, if any, made thereto. In all cases the yeas and nays upon
the final passage of the resolution or ordinance shall be published.
§ 81. The board of aldermen shall have no power to impose
taxes or assessments, or borrow money, or contract debts, or loan
the credit of the city, or make a lease of any real estate, belonging
to the city, or take or make a lease of any franchise save at a reason-
able rent and for a period not exceeding five years, unless specially
authorized so to do by act of the legislature. -
§ 82. The board of aldermen shall have power to agree with the
Supervisors of the county of Queens for the payment by the city of
New York to the said county of Queens of such proportion of the
excess of the debts and obligations of said county of Queens which
existed on the eighth day of June, eighteen hundred and eighty-one
over and above the value of all the property which on that day
belonged to said county, as should proportionally and equitably be
paid by those who were the inhabitants, if any, and the property-
holders upon North Brothers Island upon said day.
12OWERS OF COMMON (!() UN('II, 25
$83. All the powers and duties conferred or charged upon the
board of supervisors of the said city and county shall be exercised
and performed by the board of aldermen of said city as such, sub-
ject nevertheless to the like power of approval or rejection by the
mayor of said city, as is or may be required by law in respect to
acts of the common council of said city, except that when by the
constitution any action is specially required to be taken by the board
of supervisors of said city and county, which cannot, under any
power conferred by this act or otherwise, be taken in any other
manner, such action may be taken by the said board of aldermen,
but the concurrence of a majorty of all the members shall in such
case be necessary to the passage of any resolution, Ordinance or act.
§ 84. The ordinances of the common council in force on the first
day of April, eighteen hundred and seventy, and in force at the time
of the passage of this act, and all ordinances passed and adopted
since the first day of May, eighteen hundred and seventy, and in
force at the time of the passage of this act, are hereby continued in
full force, subject to modification, amendment, or repeal by the
common council.
$ 85. The common council shall have power to make, continue,
modify, and repeal such ordinances, regulations and resolutions as
may be necessary to carry into effect any and all of the powers
vested in or conferred upon the corporation, and to provide by
Ordinance whatever provisions or regulations, other than those
herein specially authorized, may become requisite for the fuller
Organization, perfecting, and carrying out the powers and duties
prescribed to any department. The common council shall have the
power to enforce obedience to such ordinances, and observance
thereof, by ordaining penalties for each and every violation thereof,
in such sums as it may deem expedient, not exceeding one hundred ;
dollars, and may direct that such part of any penalty as it shall
think proper, shall be paid and applied to the use of the person or
persons who shall afford such information as to enable the offender
or offenders to be prosecuted to conviction. All persons offending
against any ordinance passed by the common council shall be
deemed guilty of misdemeanor, and be punished, on conviction, by
a fine, or in default of payment of such fine, by imprisonment not
exceeding ten days. All ordinances shall continue in force until
repealed.
$ 86. The common council shall have power to make ordinances,
not inconsistent with law and the constitution of this State, and
with such penalties as are provided in the last section, in the mat-
ters and for the purposes following, in addition to other powers
elsewhere especially granted, namely :
1. To regulate traffic and sales in the streets, highways, roads
and public places.
2. To regulate the use of the streets, highways, roads, and
public places by foot passengers, animals, vehicles, cars, and loco-
motives.
3. To regulate the use of sidewalks, and prevent the extension
of building fronts and house fronts within the stoop-lines.
4. To prevent encroachments upon and obstructions to the
streets, highways, roads, and public places, not including parks,
and to authorize and require the commissioner of public works to
1874, ch. 304, $3.
Comp. 136.
Powers and du-
ties of board of
Supervisors to
be czercised by
board of alder-
II] (21).
1870, ch. 190.
1872, ch. 860, $2,
Comp. 154.
1873,ch.335, #119,
Comp. 145.
Ordinances in
force.
1873, ch. 335,517,
Comp. 143.
Powers of com-
mon council.
2 E. D. S. 368; 15
N.Y. 502: 3 Rob.
86. Id. $90.
Comp. 145.
OrdinanceS for
perfecting or-
ganization, etc.,
of departments.
Id. §17.
Comp. 43. 1.
R.L. 1813, ch.86,
$274, as amend-
ed 1837, ch. 160,
Čomp. 148.
1837, ch. 160, $1,
Comp. 150
p g
1873, ch. 355,517,
Comp. 143, as
amended 1873,
ch. 757, §6.
Ordinances.
Street traffic.
Use of streets,
€1,0.
1 Hilt, 562.
26 POWERS OF COMMON COUNCIL.
59 How. 277, 333,
Opening of
$tle..ts.
Numbering of
houseH.
See 1866, ch.377,
Comp. 856.
Removing ice,
CtC.
Sec 1872, ch.677',
Comp. 270.
15 Abb. (N.S.)
115.
73, N.Y. 238.
See 1878, ch. 125.
Wagrants, etc.
5 Rob., 192.
6 Duer, 315; 3
Bosw. 483; 31
HOW. 385.
1822, ch. 15.
Comp. 149.
1813, ch. 86,5263,
Comp. 147.
1833, ch. 11, $15,
Comp. 1499.
1851, ch. 423,
Comp. 150.
Licensing hack-
men, etc.
7 How. , 81.
remove the same ; but they shall have no power to authorize the
placing or continuing of any encroachment or obstruction upon
any street or sidewalk, except the temporary occupation thereof,
during the erection or repair of a building on a lot opposite the
S&l, II) (2.
5. To regulate the opening of street surfaces, the laying of gas
and water mains, the building and repairing of sewers, and the
erecting of gas lights.
6. To regulate the numbering of the houses and lots in the
streets and avenues, and the naming of the streets, avenues, and
public places; but it shall not be lawful for the said board to
number or renumber any houses, in any street, avenue, alley, lane,
road, way or public place, or to in anywise change or alter any such
numbering or the name of any street, avenue, or public place, save
between the first day of December of any year and the first day of
May next ensuing.
7. To regulate and prevent the throwing or depositing of ashes,
offal, dirt, or garbage in the streets, and subject to the other pro-
visions of this act, to regulate the cleaning of the streets, avenues,
sidewalks and gutters, and the removing ice and snow from them.
8. To regulate the use of the streets and sidewalks for signs,
sign-posts, awnings, awning-posts, horse-troughs, urinals, telegraph-
posts, and other purposes.
9. To provide for and regulate street pavements, crosswalks,
curb-stones, gutter-stones, sidewalks, and the grade of streets, and
to provide for regulating, grading, flagging, Gurbing, guttering, and,
subject to the provisions of section sixty-nine of this act, lighting
streets, roads, places and avenues.
10. To regulate public cries, advertising noises, steam whistles,
and ringing bells in the streets.
11. In relation to street beggars, vagrants, and mendicants.
12. In relation to the use of guns, pistols, firearms, fire-crackers,
fireworks, and detonating works of all descriptions within the city.
13. In relation to intoxication, fighting, and quarreling in the
streets. -
14. In relation to places of public amusement.
15. In relation to exhibiting banners, placards, or flags in or
across the streets, or from houses or other buildings.
16. In relation to the exhibition of advertisements or handbills
along the streets, avenues, and public places.
17. In relation to the construction, repairs, and use of vaults,
cisterns areas, hydrants, pumps, and sewers.
18. In relation to partition fences and walls.
19. In relation to the construction, repair, care and use of
markets.
20. In relation to the licensing and business of public cartmen,
truckmen, hackmen, cabmen, expressmen, car-drivers, boatmen,
pawnbrokers, junk-dealers, keepers of Intelligence offices, dealers in
second-hand articles, hawkers, peddlers and venders. All licenses
therefor shall be according to an established form and regularly
numbered, and be duly registered in the office of the mayor.
21. In relation to the inspection and sealing of weights and
measures, and enforcing the keeping and use of proper weights and
measures by venders.
I’OWERS OF COMMON COUNCIL. 27
22. In relation to the inspection, weighing, and measuring of
firewood, coal, hay, and straw, and the cartage of the same.
23. In relation to the mode and manner of suing for, collecting,
and keeping accounts of the city and county, and disposing of the
penalties provided for a violation of all ordinances.
24. In relation to the erection and repair of public fountains
for the use of man and animals, at convenient points along the
streets and avenues, and public places.
25. By resolution to require the commissioner of public works
to do any work or take any action proper for carrying into effect
the powers of the common council.
26. To regulate or prohibit the purchase, sale and exposure
to sale of any goods, wares, or merchandise, fruits, herbs, meats,
fish, or any other article or thing within the said city, on the first
day of the week, called Sunday, except fresh fish, which may be
. prior to nine o’clock in the forenoon.
27. To regulate the sale by measure or weight, or otherwise, of
all kinds of fruit and vegetables.
28. To prohibit and suppress all gaming houses and places for
gaming in the said city.
29. 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.
30. Relative to the taxing and destroying of dogs within the
said city. t
31. For the regulating and licensing of keepers of ordinaries, or
victualing houses ; or places where fruit, oysters, clams, or meats,
shall be sold.
32. For the more effectual suppression of vice and immorality,
and the preserving of peace and good order in said city. -
33. For the licensing and otherwise regulating the use and em-
ployment of dirt carts.
34. For regulating boarding-houses and taverns, and preventing
the resort of crowds of disorderly persons to them.
35. 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-boats, in their passage across the
East river, from the city of New York to Brooklyn, and from
Brooklyn to the said city, and to regulate the lying and mooring of
any ship or other vessel in the stream of North or Hudson river, so
as to prevent the same from obstructing the navigation of the
ferry boats in the said river from the city of New York to the
Jersey shore, opposite to the said city, and to impose penalties for
violations upon the owners, consignees, masters, pilots or other
persons having charge of such ships or other vessels, respec-
tively.
36. To make the sale or exposing for sale in the streets of said
city of any firewood by any person other than a licensed cartman
a misdemeanor, and to prescribe punishment therefor by a fine of
not more than ten dollars, and imprisonment in the city prison of
not more than five days.
37. For the preservation and protection of all or any of the
works connected with the supplying of the city of New York with
pure and wholesome water,
Public foun-
tains.
1813, ch. 86,5272,
Comp. 147.
Sales on Sunday,
1833, ch. 11, $14,
Comp. 152.
1813, ch. 86,8272,
Comp. 147.
Regulating
butchers.
1813, ch. 86,5273,
Comp. 148.
1833, ch. 11, $20,
Comp. 152.
1813, ch. 86.8267,
Comp. 689.
1814, ch. 29, $4,
Comp. 1589.
Certain powers
granted to the
corporation of
New York.
1814, ch. 52, $2,
Comp. 1590.
1851, ch. 515, $2,
Comp. 150.
1842, ch, 225, $1,
Comp, 340.
28 POWERS OF COMMON COUNCIT,
1853, ch. 579,517,
Comp. 583.
1854, ch. 143,517,
Comp. 863.
1821, ch. 161, §5,
Comp. 162,
1834, ch. 147. §2,
Comp. 163.
1813, ch. 86,8272,
Comp. 147.
1880, ch. 47.
1854,ch. 142,S$12,
14.
1813, ch. 86,5263,
Comp. 147.
1833, ch. 11, $17,
Comp. 152.
1833, ch. 11, $17,
Comp. 152.
1813, ch. 86, 264,
Comp, 147.
1838, ch. 11, $17,
Comp. 152.
Pawnbroker8.
1833, ch. 11, $17,
Comp. 152.
1873, ch. 335,517.
1830, ch. 42, $8,
Comp. 1188,1433.
Common jail.
1838, ch. 297, §1,
Comp. 1383.
Courts, where
to be held.
38. To regulate the fees for searches and certificates to be
charged by the collector of assessments and clerk of arrears.
39. To make such regulations in reference to the running of
stages and omnibuses in said city, as may be necessary for the con-
venient use and accommodation of the streets.
§ 87. The common council may, by ordinance, regulate the
duties and fees of the inspectors of weights and measures, and of
the sealers of weights and measures, and may impose such penal-
ties for using weights and measures and scale-beams, which shall
not have been inspected and sealed in conformity to such ordi-
nances as to them shall seem proper. They may assign a particu-
lar district of the said city for each of the said inspectors, and
likewise for each of the sealers of weights and measures, and may
confine them in the performance of their duties to such districts
respectively.
§ 88. The common council may, by ordinance, regulate the rates
of fare to be taken by owners or drivers of hackney coaches or
carriages. Such owners shall pay an annual license fee, to be
determined by the said common council. The board of aldermen
may authorize the establishment, operation or extension of any
route for the running of omnibuses or stages, in the manner and
on the conditions provided by sections nineteen hundred and forty-
seven, nineteen hundred and forty-eight and nineteen hundred and
forty-nine of this act, and may terminate or alter such consent or
authority in the manner and on the conditions provided by sections
nineteen hundred and fifty and nineteen hundred and fifty-one.
§ 89. Every pawnbroker or dealer in second-hand articles shall
pay for a license a sum to be determined by the board of aldermen,
not exceeding five hundred dollars, which sum shall be applied
toward the support of the poor of the said city. The common council
may fix and establish the rate of interest that shall be taken by any
pawnbroker, for the loan of any sum ; provided always that the rate
for any loan not exceeding twenty-five dollars shall not exceed the
rate of twenty-six per cent. per annum. Pawnbrokers and dealers
in second-hand articles may be required to give security to the
mayor, aldermen and commonalty, with one or more sufficient
surety or sureties, in a sum not exceeding ten thousand dollars con-
ditioned for the observance of the ordinances of the common
council. No greater penalty than one hundred dollars shall
be imposed by any ordinance as a penalty for the violation
of any ordinance by any pawnbroker or dealer in second-
hand articles. -
$90. 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.
§ 91. The common council may 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 any alteration of the place of holding such courts
shall, before the same takes effect, be notified in one or more of the
P() WERS OF COMMON COUNCIL. 29
public newspapers printed in the said city, for the period of 11ot less
than four weeks.
§ 92. The common council may assign the places where the
several district courts shall be held, within their respective
districts, except as otherwise provided by law.
§ 93. The common council must appoint some reputable physi-
cian, duly authorized to practice medicine, as the physician to the
jail of the county, who shall hold his office at the pleasure of the
board.
$94. No new street shall hereafter be laid out in the said city,
except with the approbation and permission of the mayor, alder-
men, and commonalty, in common council convened; and if an
street shall be laid out without such permission, it shall be lawful
for the said mayor, aldermen, and commonalty, by by-law or ordi-
nances, to direct the same to be stopped up, and all buildings
adjoining thereto to be removed by the proprietors or occupants,
within such times and under such penalties as they shall think
proper. -
§ 95. It shall be the duty of the common council to provide for
the accountability of all officers and other persons, save as herein
otherwise provided, to whom the receipt or expenditure of the
funds of the city shall be intrusted, by requiring from them
sufficient security for the performance of their duties or trust,
which security shall be annually renewed; but the security
first taken shall remain in force until new security shall be
given.
§ 96. Any ordinance, act, or resolution, passed by the common
council or the board of education, after January thirtieth, eighteen
hundred and sixty-five, authorizing the increase of the salary of any
person or persons, whose salary is payable Out of the city treasury,
to take effect prior to the date of such ordinance, act or resolution,
shall be and the same is hereby declared to be void.
§ 97. The salaries of all officers, whose offices may be created by
the common council for the purpose of giving effect to the pro-
visions of this act, shall, subject to the other provisions of this act,
be prescribed by ordinance or resolution, to be passed by the
common council, and approved as hereinbefore provided for the
approval of ordinances or resolutions.
$98. The ordinances of the common council shall, as far as
practicable, and, so far as the same has not already been done, be
reduced to a code and published as such in the City Record.
§ 99. The board of aldermen shall cause statistical records to be
prepared and kept of the business and proceedings of the criminal
courts and offices of the city and county of New York, and shall
make provision for the due collation and preservation of said
records; and the said board is hereby authorized to establish such
regulations as shall be necessary in the judgment of the board, to
give effect to the provisions of this section, provided the expense
shall not exceed one thousand five hundred dollars per annum.
§ 100. There may be not exceeding seven hundred and twenty-
five commissioners of deeds in office at any one time. The common
council is hereby authorized and empowered to appoint such com-
missioners from time to time, who shall hold their offices for two
years from the date of their appointment, and until others are
1857, ch. 344, $7.
1869, ch. 377, §4,
Co. Civ. Proc.,
$126,
Comp. 3035.
1803, ch. 70, $10,
Comp. 612.
1873, ch. 335,590,
Comp. 145.
Accountability
of Officers.
1865, ch. 10, $2,
Comp. 146.
Certain ordi-
nances and reso-
lutions declared
invalid.
gºsº,
Comp. 93.
1873, ch. 335,517,
as amended
1873. ch. 757, §6,
Comp. 145.
1864, ch. 202, $1,
Comp. 1434.
Records of busi-
ness of criminal
Courts,
1880, ch. 544,
1851, ch. 516,
1848, chs. 75,158,
º, 1468,1469,
4 Abb. 25.
30 JDUTY ANTD T2()WERS OF MAYOR.
1864, ch. 405, $3,
Comp. 153.
Common coun-
cil trustees of
public property.
1865, ch. 533, $2,
Comp. 154,
Violations of
law by members
of Common
council,
1873, ch. 335,823,
Comp. 158.
Duty of mayor.
1881, ch.442,3147.
1873, ch. 335,324.
Clerks, etc.
appointed in their places. Such appointments shall not requirá
the approval of the mayor. -
§ 101. The common council, and the several members thereof,
are hereby declared trustees of the property, funds and effects of
said city and county, respectively, so far as such property, funds,
and effects are or may be committed to their management or con-
trol, and every person residing in said city and assessed to pay
taxes therein, who shall pay taxes therein, is hereby declared to be
a cestui que trust in respect to the said property, funds, and effects,
respectively ; and any co-trustees, or any such cestui que trust
shall be entitled as against such trustees, and in regard to such
property, funds, and effects, to all the rights and remedies provided
by law of any co-trustee, or cestui que trust to prosecute and main-
tain any action to prevent waste and injury to any property, funds,
and estate held in trust. Such trustees are hereby made subject
to all the duties and responsibilities imposed by law on trustees, and
such duties and responsibilities may be enforced by any co-trustee
or cestui que trust aforesaid.
§ 102. Any member of the common council who shall knowingly
and willfully disregard any provision of law, applicable to the
members of the common council, or who shall vote for any contract
in violation of law, or any appropriation unauthorized by law, or
in excess of the amount authorized by law, or for any illegal or
injurious disposition of corporate property, rights, or fran-
chises, shall be guilty of a misdemeanor, and liable to the pun-
ishment and penalties prescribed therefor; and every member
voting in favor thereof shall be individually liable to refund the
amount to the city at the Suit of any citizen and taxpayer.
CHAPTER W.
THE EXECUTIVE DEPARTMENT.
§ 103. It shall be the duty of the mayor :
1. To communicate to the common council, at least once a year,
a general Statement of the finances, government, and improvements
of the city.
2. To recommend to the common council all such measures as
he shall deem expedient.
3. To keep himself informed of the doings of the several depart-
ments.
4. To be vigilant and active in causing the ordinances of the
city and laws of the State to be executed and enforced, and for that
purpose he may call together for consultation and co-operation all
heads of departments.
5. And generally to perform all such duties as may be pre-
Scibed for him by the city ordinances and the laws of the state.
§ 104. The mayor is a magistrate.
§ 105. The mayor may appoint such clerks and subordinates as
he may require to aid him in the discharge of his official duties,
and shall render to the board of aldermen, every three months, an
account of the expenses and receipts of his office, and therein shall
state, in detail, the amounts paid and agreed to be paid by him for
POWERS OF MAYOR. 31
salaries to such clerks and subordinates respectively, and the
general nature of their duties, which account and report shall be
published in the City Record. The aggregate expenses incurred
by him for such purposes shall not exceed, in any one year, the sum
of twenty thousand dollars.
§ 106. The mayor shall nominate, and, by and with the consent
of the board of aldermen, appoint the heads of departments and all
commissioners, except as hereinafter otherwise specially provided.
He shall in like manner appoint all members of any board or com-
mission authorized to Superintend the erection or repair of any
building belonging to or to be paid for by the city, whether named
in any law or appointed by any local authority, and also the com-
missioner of jurors, two inspectors of weights and measures, and as
many sealers of weights and measures as the board of aldermen
may by ordinance prescribe, and also the members of any other local
board and all other officers not elected by the people, whose
appointment is not excepted or otherwise provided for. Every
head of department and person in this section named, except as in
this act otherwise provided, shall hold his office for the term of six
years, and in each case until a person is duly appointed, and has
qualified, in his place ; but any person appointed after the com-
mencement of the term as herein prescribed shall hold only until
the expiration of such term and until a successor is duly appointed
and qualified. The terms of office of all such heads of departments
and persons whensoever actually appointed, shall commence on the
first day of May in the year in which the terms of office of their
predecessors expire; but the comptroller, corporation counsel, and
commissioner of public works to be appointed on the expiration of
the terms of office of the present incumbents, in December, eighteen
hundred and eighty-four, shall hold their offices until four years
from the first day of May succeeding such month. All nominations
to fill any vacancy which shall hereafter occur by reason of the
expiration of the term of office of any officer, shall be made to the
board of aldermen within ten days from the day of the date of any
such vacancy. The mayor shall appoint, without nomination to or
confirmation by the board of aldermen, a person or persons to fill
any vacancy or vacancies which now exist or may hereafter occur
from death, resignation, or cause other than the expiration of the
full term in any office to which, by the provisions of this section,
he is empowered to appoint, by and with the consent of the board
of aldermen. Any person who shall be appointed in pursuance of
this section to fill any vacancy shall hold his office for the unex-
pired term of his predecessor.
§ 107. The mayor shall appoint the commissioner of street
cleaning with the approval of the board of health, but if after
three ballots the said board shall fail to confirm or reject by a
majority vote any person nominated by the mayor, two affirma-
tive votes of members of said board shall be sufficient for his
confirmation.
§ 108. The heads of all departments, except the head of the
department of street cleaning, and all other persons whose
appointment is in section one hundred and six provided for,
may be removed by the mayor for cause, and after opportunity
to be heard, subject, however, before such removal shall take
Id. $25,
Comp. 158.
Mayor to nomi-
nate heads of
departments.
1821, ch. 161, $4,
Comp. 162.
1834, ch. 147, §1,
Comp. 163.
2; ; 19
id. 441; 58 How.
358; 57 id. 416.
1873, ch. 325,825,
Comp. 158.
58 How. 404,407.
1874, ch. 300, $3.
Comp. 161. -
Mayor to fill
vacancies,
1873, ch, 335, $25,
Comp, 158.
1881, ch. 367, $1.
Commissioner
of street clean-
1ng.
1873, ch, 335,525,
Comp. 159.
Heads of depart-
ments, how re-
moved.
79 N.Y. 585
*D
:32 I”()WERS ()]?' MAYOR.
1881, ch. 317, $1.
1870, ch. 175, $2,
as amended
1879, ch. 145, $1,
Comp. 837.
Cominis8íoners
of excise,
Terms of Office
and salaries in
cities.
Vacancies, how
filled.
Removal for
C8, U18 C.
1873,ch.335,5106,
Comp. 97.
Commissioner'8
Of accounts, ap-
pointment and
duty of,
16 Hun, 309.
effect, to the approval of the governor, expressed in writing.
The mayor shall, in all cases, communicate to the governor, in
writing, his reasons for such removal. Whenever a removal is
so effected, the mayor shall, upon the demand of the officer
removed, make, in writing, a public statement of the reasons
therefor. No officer so removed shall be again appointed to the
same office during the same term of office. The head of the
department of street cleaning shall be subject to removal by the
mayor with the approval of the board of health, whenever the
mayor shall certify that in his judgment such removal is required
in the public interest. If, after three ballots, the board of health
shall fail to approve of such removal, two affirmative votes of
members of said board shall be sufficient for such approval.
§ 109. The mayor shall, on the first Monday of April, in
eighteen hundred and eighty-three, and in every third year,
nominate to the board of aldermen three good and responsible
citizens to be commissioners of excise ; said board shall confirm
or reject such nominations. In case of the rejection of such
hominees, or any of them, the mayor shall nominate other persons
as aforesaid, and shall continue so to nominate until the nomina-
tions shall be confirmed. The terms of office of such persons
shall commence on the first day of May succeeding the date herein
fixed for their nomination. Any person appointed after the
commencement of the term as herein prescribed shall hold only
until the expiration of such term and until a successor is duly
appointed and qualified. Any one or more of the commissioners
so appointed shall have the power to act as a board of excise until
the others shall be duly appointed. They shall, except as herein
otherwise provided, hold their offices for three years and until
others shall be appointed in their places and have qualified.
The mayor shall, from time to time, as often as vacancies shall
occur, appoint persons qualified as aforesaid to fill the unexpired
term of any commissioner who shall die, resign, remove from the
city, or be removed from office. Commissioners of excise shall be
removed for any neglect or malfeasance in office, in the same
manner as provided by law for the removal of sheriffs.
§ 110. The mayor shall, from time to time, appoint and remove
at pleasure two persons, who together with the president of the
department of taxes and assessments, shall be commissioners of
accounts. It shall be their duty, once in three months, and
oftener if they deem it proper, to examine all vouchers and
accounts in the offices of the comptroller and chamberlain, and to
make and publish, in the City Record, a detailed statement of the
financial condition of the city, showing the amount of its funded
and floating debt, the amount received and expended since the last
preceding report, with a classification of the sources of revenue
and expenditure, and such other information as they shall deem
proper. They shall, from time to time, make an examination of
the expenses of the Several departments and officers, and make
such recommendations to the board of estimate and apportionment,
and other officers, with reference thereto, and particularly with
reference to salaries and duties, as they deem advisable. Any one of
such commissioners shall have authority at any time to make any
Such examination, and such two appointed commissioners shall
H2() WERS () R' MAYOIR, 33
be paid a reasonable compensation, to be fixed as other expendi-
tures by the board of estimate and apportionment, not exceeding
three thousand dollars each annually.
§ 111. The mayor is hereby authorized and empowered to
regulate, license, and from time to time 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 cer-
tificates 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.
§ 112. The mayor shall have sole and exclusive power to grant
licenses to scavengers for the removal of night soil. The mayor
may make rules and regulations, specifying the duration of such
licenses, and the causes for which they may be revoked ; who-
ever shall violate and not conform to either of said regulations
shall be subject to a penalty of ten dollars for each offense, to be
recovered by action in the name of the mayor, aldermen, and
commonalty, in any court having jurisdiction thereof; where the
misconduct was willful, the offender shall be subject to a penalty
of fifty dollars for each offense, to be recovered as aforesaid.
§ 113. The mayor shall have authority to grant licenses to any
person engaged in and carrying on the business and occupation of
an auctioneer, or desiring to be so engaged, on such person's filing
a bond with two good sureties in the penal sum of two thousand
dollars. The mayor, on the complaint of any person having been
defrauded by any auctioneer, or the clerk, agent, or assignee of
such auctioneer, doing business in said city, is authorized and
directed to take testimony under oath relating thereto ; and if the
charge shall, in his opinion, be sustained, he shall revoke the
license granted to him and direct the bonds to be forfeited.
§ 114. The mayor is authorized to grant licenses for public
exhibitions, in the manner and on the conditions provided in
sections nineteen hundred and ninety-eight to two thousand and
one inclusive, of this act.
§ 115. The mayor is authorized to grant licenses to persons
keeping houses for the purpose of boarding emigrant passengers.
But before granting any such license, he shall require from such
person or persons a bond satisfactory to himself, with one or more
sureties, in the penal sum of five hundred dollars, conditioned for
the good behavior of such person or persons, and the proper con-
duct of all agents and runners in his or their employ. The mayor
may revoke any license for cause. The person or persons receiving
such license shall pay the sum of ten dollars a year for each
license.
§ 116. The mayor is authorized to grant licenses to persons
exercising the vocation of booking emigrant passengers or taking
money for their inland fare or for the transportation of their
baggage. The persons receiving such licenses shall pay the sum
of twenty-five dollars a year for each license.
§ 117. The mayor may issue licenses authorizing the person or
persons to whom the same are issued upon any street, public high-
way, dock or pier, or in any park or square, in the city of New
York, or upon any water adjacent thereto, over which said city has
jurisdiction, to solicit patronage for any hotel or inn, or passengers
1880, ch. 155, $3,
Comp. 866.
Duty of mayor.
1873, ch. 251, $1,
Comp. 825,
See 1874, ch.636,
$10, Comp. 458.
Scavengers to be
licensed by
mayor.
1853, ch. 138, §3,
Comp. 874.
Licenses to auc-
tioneers.
Id. §4.
1872, ch. 835,
Comp. 848.
Licenses for ex-
hibitions.
1848, ch. 219, $3,
Comp. 1681.
Licenses to emi-
rant boarding
OUISCS.
1848, ch. 219, $7,
Comp. 1683.
Licenses to
TULDI] erS.
1880, ch. 353, §1.
8
34 * POWJERS OF MAYOR.
Runners or 80-
licitors debarred
from 8c/ling
tickets without
license.
Id. $2.
Mayor may issue
license for one
year, and con-
tinue the 8ame
from year to
year.
Fee.
Id. §3.
Revocation of
license,
Mayor to render
Htatements to
comptroller.
99. Civ. Proc.
;
laces for hold-
ing court.
1873, ch. 302, $1,
Comp. 1659.
Co. Civ. Proc.
$2234,
1849, ch. 436, §6,
Comp. 269.
or patronage for any steamer, Steamboat, ship, vessel or railroad,
or for any person or corporation selling or offering for sale passage
tickets, or contracting or offering to contract for passage in any
such steamer, steamboat, ship, vessel or railroad. Such license
shall be for the period of one year from the date thereof, and every
person receiving such a license shall pay the sum of twenty dollars
therefor to the said mayor, and shall also give to the mayor of said
city a bond, with two good and sufficient sureties in the penalty of
three hundred dollars, conditioned for his good behavior and the
faithful observance by him of the provisions of this section. It
shall be lawful for said mayor, upon an application made prior to the
expiration of said license, to renew and continue the same from
year to year, provided that the applicant therefor continues in all
respects qualified, as herein provided, to hold such license, and said
applicant shall, upon receiving such renewal, pay into the city
treasury a further sum of twelve dollars and fifty cents per annum
as a renewal fee. Licenses and renewals may be revoked at any
time by the said mayor for any cause satisfactory to him, such
cause to be stated in writing to the person so removed at the time
of the notice of his removal. No person shall receive any license
under the provisions of this section who is not a citizen of the
United States and a person of good general character; such fact to
be proved to the satisfaction of the mayor. The mayor shall render
to the comptroller of said city quarterly accounts of all moneys
received by him under the provisions of this section, and the
amount so received shall be paid over by said mayor into the city
treasury.
§ 118. The mayor, or, in case of his absence or other disability,
the recorder, may, by proclamation, direct that the next ensuing
term of any court, other than the court of appeals, appointed to be
held in that city, shall be held in any building within the city of
New York, other than the building where the same is regularly to
be held, if, in his opinion, war, pestilence, or other public calamity,
or the danger thereof, or the destruction or injury of the building,
or the want of suitable accommodation, renders it necessary that
Some other place should be selected. The proclamation must be
published in two or more daily newspapers published in the city of
New York.
§ 119. The mayor is, by virtue of his office, one of the commis-
Sioners of emigration.
§ 120. A. for the removal of a person from real prop-
erty as prescribed in title two of chapter seventeen of the Code of
Civil Procedure, may be made to the mayor, if the property or a
portion thereof is situated in the city.
§ 121. The mayor shall possess the same power as that conferred
upon the Superintendent and captains of police by section two
1873, ch. 335,525,
Comp. 159,
Mayor, how
removed,
hundred and eighty-four of this act.
§ 122. The mayor may be removed from office by the governor
in the same manner as sheriffs, except that the governor may direct
the inquiry provided by law to be conducted by the attorney-
general ; and after charges have been received by the governor he
may, pending the investigation, Suspend the mayor for a period not
exceeding thirty days.
'THE COMPTROLINER.
3
5
CHAPTER WI.
I) El’ARTMENT OF FINANCJ).
Title 1.--The Complpoller.
§ 123. The finance department shall have control of the fiscal lºº,
concerns of the corporation. ... All accounts rendered to or kept in jº, 58,
the other departments shall be subject to the inspection and jºsal,
revision of the officers of this department. It shall prescribe the Coºp 1%
forms of keeping and rendering all city accounts, and, except as
herein otherwise provided, the manner in which all salaries shall be
drawn, and the mode by which all creditors, officers, and employees
of the corporation shall be paid. All payments by or on behalf
of the corporation, except as otherwise specially provided, shall be
made through the proper disbursing officer of the department of
finance, on vouchers to be filed in said department, by means of
warrants drawn on the chamberlain by the comptroller, and coun-
tersigned by the mayor. The comptroller may require any person claimants to be
presenting for settlement an account or claim against the corpora- ;....”
tº * amined, etc.
tion to be sworn before him touching such account or claim, and ºl.
ſº * 1860, ch. 379, §3,
when so sworn to answer orally as to any facts relative to the just- Comp. iść.
ness of such account or claim. Willful false swearing before him is
perjury, and punishable as such. He shall settle and adjust all
claims in favor of or against the corporation, and all accounts in
which the corporation is concerned as debtor or creditor; but in
adjusting and settling such claims, he shall, as far as practicable,
be governed by the rules of law and principles of equity which
prevail in courts of justice. The power hereby given to settle and
adjust such claims shall not be construed to give such settlement
and adjustment the binding effect of a judgment or decree, nor to
authorize the comptroller to dispute the amount of any salary
established by or under the authority of any officer or department
authorized to establish the same, nor to question the due perform-
ance of his duties by such officer, except when necessary to prevent
fraud. The comptroller shall not reduce the rate of interest upon certain con-
any taxes or assessments below the amount fixed by law. No con- ;...º.
tract hereafter made, the expense of the execution of which is not ;º
by law or ordinance, in whole or in part, to be paid by assessments “
upon the property benefited, shall be binding or º any force or
effect, unless the comptroller shall indorse thereon his certificate
that there remains unexpended and unapplied, as herein provided,
a balance of the appropriation applicable thereto, sufficient to pay
the estimated expense of executing such contract as certified by the
officer making the same. But this provision shall not apply to Provision not to
work done, or supplies furnished, not involving the expenditure of . * *
more than one thousand dollars. It shall be the duty of the comp-
troller to make such indorsement upon every such contract so pre-
sented to him, if there remains unapplied and unexpended such
amount so specified by the officer making the contract, and to there-
after hold and retain such sum to pay the expense incurred until
the said contract shall be fully performed. And such indorsement
36 Bl]REAUS IN DETPARTMENT OF FINANCE.
Weekly state-
ment to depart-
mentS.
Payment of
wages, etc.
1880, ch. 461, $3.
Comptroller to
make lease
1873, ch. 335, $32,
Comp. 168.
Deputy comp-
troller, his
powers and
duties.
1873, ch. 335,833,
Comp. 169.
See 1880, ch.
521, $3.
Bureauş.
For collection
of water rents,
etC.
For collection
of taxes.
For collection
of water rents,
a88essments,etc.
Auditing
bureau.
12 Abb. 192; 17
TN.Y. 584; 56 id.
466, 476; 70 id.
454,
Receipt and
payment.8.
A“eB8mentB.
shall be sufficient evidence of such appropriation in any action.
The comptroller shall furnish to each head of department, weekly,
a statement of the unexpended balances of the appropriation for
his department. Wages and salaries, including payments for the
board of education, may be made upon pay-rolls, upon which each
person named thereon shall separately receipt for the amount paid
to such person, and in every case of payment upon a pay-roll, the
warrant for the aggregate amount of wages and salaries included
therein may be made payable to the superintendent, principal
teacher, foreman, or other officer designated for the purpose. The
comptroller shall enter into on behalf of the mayor, aldermen, and
commonalty of the city, any lease authorized by the commissioners
of the sinking fund of property leased to the city.
§ 124. The comptroller j appoint, and for cause to be stated
in writing and published in the City Record, at pleasure remove, a
deputy comptroller. The said deputy comptroller shall, in addition
to his other powers, possess every power and perform all and ever
duty belonging to the office of comptroller, as herein .
whenever the said comptroller shall, for reasons to be stated to the
mayor in writing by due written authority, and during a period of
time not extending beyond three months, nor beyond his term of
office, and to be specified in such authority, designate and authorize
the Said deputy comptroller to possess the power and perform the
duty aforesaid, and such designation and authority shall be duly
filed in and remain of record in the finance department and in the
mayor's office. The said deputy comptroller shall possess the like
authority in case of the disability of the comptroller upon the like
º of the mayor, which shall be filed and remain of record
as aforesaid; but such authority, derived from a designation by
the comptroller or the mayor, may at any time be terminated in the
Same manner as it was created.
§ 125. There shall be five bureaus in this department:
1. A bureau for the collection of the revenue accruing from .
rents, and interest on bonds and mortgages, and revenue arising
from the use or sale of property belonging to or managed by the
city, and for the management of the markets, which shall be known
as the bureau for the collection of city revenue and of markets;
the chief officer of which bureau shall be called the “collector of
the city revenue and superintendent of markets.”
2. A bureau for the collection of taxes; the chief officer of
which shall be called the “receiver of taxes.”
3. A bureau for the collection of assessments and arrears of
taxes and assessments, and of water rents ; the chief officer of
which shall be called “collector of assessments and clerk of
arrears.”
4. An auditing bureau which, under the Supervision of the
comptroller, shall audit, revise, and settle all accounts in which the
city is concerned as debtor or creditor, and which shall keep an
account of each claim for or against the corporation, and of the
sums allowed upon each, and certify the same to the comptroller,
with the reasons for the allowance ; the chief officer of which shall
be called “auditor of accounts.”
5. A bureau for the reception of all moneys paid into the
treasury of the city, and for the payment of money on warrants
THE COMPTROLLER. 37
drawn by the comptroller and countersigned by the mayor ; the
chief officer of which shall be called the “chamberlain.”
§ 126. It shall be the duty of the comptroller to publish in the
City Record, two months before the election of charter officers, a
full and detailed statement of the receipts and expenditures of the
corporation during the year ending on the first day of the month in #.
which such publication is made, and the cash balance or surplus;
and in every such statement the different sources of city revenue,
and the amount received from each, the several appropriations
made, the objects for which the same were made, and the amount
of moneys expended under each, the moneys borrowed on the
credit of the corporation, the authority under which each loan
was made, and the terms on which the same was obtained, shall be
clearly and particularly specified.
§ 127. It shall be lawful for the comptroller to apply the moneys
accruing for interest on the sales of bonds” in said city for unpaid
taxes, assessments, and Croton water rents, or so much thereof as
shall be required, to the account or fund designated “lands pur-
chased for taxes and assessments,” such moneys to be used for
purchases by the corporation at such sales.
§ 128. The comptroller shall expose to public sale in the city of
New York, upon such published notice as he may deem reasonable,
the printed indices prepared under the direction of the commis.
Sioners of records, pursuant to chapter four hundred and seven of
the laws of eighteen hundred and fifty-five ; the same shall be sold
in single sets and shall be kept so exposed for sale until he shall
have sold at least two-thirds of each different set of said indices;
and Said comptroller shall also, from time to time, make such
further sale of said indices, at auction or otherwise, and for such
price as he may deem expedient; and all proceeds of such sales
and money received by the comptroller under this section shall be
paid into the treasury.
§ 129. The lots in the Ninth ward bounded on the north by
Bloomfield street, on the south by Gansevoort street, on the east by
West street and Tenth avenue, and on the west by Thirteenth
avenue, and the block of ground in said city bounded by Ganse-
voort, Little West Twelfth, Washington and West streets, and Tenth
avenue, hereby declared to be a public market place, shall be kept
for the exclusive use of farmers and market gardeners, and the
finance department shall have the exclusive charge and control
of said public market place, and the wagons engaged in the busi-
ness of selling farm and garden produce in said city, and shall have
power to make suitable regulations concerning fees, the hours dur-
ing which the business of selling said produce shall be conducted,
and the general management of the same.
$130. The comptroller shall pay, on the certificate of the com-
missioner of public works, the cost and expense of the removal of
the reservoir situated in Fifth avenue, between Fortieth and Forty-
second streets, and of the removal of the pipes connecting with said
reservoir, of the laying of a main in Fifth avenue, between Fortieth
and Forty-second streets to connect the mains leading in and out
of said reservoir, and of the grading in a suitable manner for the
1873,ch,325, $108,
Comp. 98.
Financial state-
ment to be pub-
lished in City
cord annil-
ally.
* So in original.
1866, ch. 87'ſ, $5,
Comp. 227.
Application of
certain money8.
1872, ch. 887, $3.
Comp. 226.
Comptroller to
Bell indices in
single sets.
1880, ch. 191, $1,
market in ninth
ward. -
1880, ch. 191, $6,
Lands, how to
be used.
1881, ch. 456, §3.
Removal of
reservoir.
38 BONDS ISSUED BY CITY.
1881, ch. 367, $7.
Sureties in
street cleaning
Contracts.
1871,ch.322,S$1,2
Comp. 180.
Comptroller to
create a public
fund.
See 1873, ch.756,
$2, $145, post.
Exchange of pre-
8cnt city stock
authorized.
Id. §§3, 4.
Faith of city
pledged for re-
demption of
8tock.
Form of stock,
and how exe-
cuted.
Id. §§5, 8,
§ 181.
Stock to be reg-
istered or cou-
pon stock.
1871, ch, 323, $8,
Comp. 183.
Coupon consoli-
dated county
8tock, how con-
Verted.
Registered
Stock, how
transferable.
Denominations
of bonds issued
in exchange.
1879, ch. 178,551,2
Comp. 183.
purpose of a park of the ground occupied by said reservoir to the
level of the adjacent streets.
§ 131. The sureties upon all contracts made by the commis-
sioner of street cleaning as authorized by section seven hundred
and nine of this act shall be approved by the comptroller.
Title 2.-The Bonds and Obligations of the City.
§ 132. All stock of the city of New York hereafter issued in
pursuance of laws already passed, or which may be hereafter
passed, authorizing the issue of stock or bonds of the city of New
York, shall, unless such laws passed after April sixth, eighteen
hundred and seventy-one shall otherwise provide, be known as
“consolidated stock of the city of New York,” and be issued under
the authority of this and the following sections, as well as under
the authority of said laws. Any holder of any of the city stock or
bonds of the said city of New York issued previous to April sixth,
eighteen hundred and seventy-one, may exchange the same for the
consolidated city stock herein authorized to be issued, upon such
terms and conditions as shall be determined and offered by the
comptroller.
§ 133 The faith and credit of the mayor, aldermen and com-
monalty of the city of New York shall be and is hereby pledged
for the redemption and payment of the said consolidated city stock
and the interest thereon, which consolidated city stock so issued
shall bear on its face a reference to the act by which its issue
is authorized. The said consolidated city stock shall be in form as
may be designated by the said comptroller, and shall be signed by
the said comptroller and the mayor of the city of New York, and
sealed with the common seal of the said city of New York, and
attested by the clerk of the board of aldermen of said city.
§ 134. The consolidated city stock so authorized to be issued
shall be registered or coupon stock in sums not less than five hun-
dred dollars each share, except as in the next section provided,
conditioned to be paid in gold coin or in the legal currency of the
United States, at the option of the said comptroller, and shall be
made redeemable at a period not less than twenty years, nor more
than fifty years from the date thereof; said stock shall bear an
interest not exceeding six per cent. per annum. Such interest shall
be made payable quarterly or semi-annually in the city of New
York or any other place to be fixed by the said comptroller at the
time of the issue of said stock.
§ 135. The coupon consolidated county stock may be converted
into registered stock at any time, at the option of the holder of the
coupon stock, and the said comptroller is hereby authorized to
issue registered stock therefor, in manner and form as hereinbefore
provided. And such registered stock shall be transferable at the
option of the holder at any time, under such rules and regula-
tions as the said comptroller shall prescribe.
§ 136. Whenever it shall be lawful to issue any bonds of the
city and county of New York in exchange for any bonds issued pur-
Suant to law prior to April sixteenth, eighteen hundred and seventy-
nine, the same shall be issued in denominations of twenty-dollars,
WHEN STOCK TO J3D CRISATED. 39
fifty dollars, one hundred dollars and five hundred dollars and up-
wards, each. Without pecuniary disadvantage to the said city and
county of New York, preference shall, as far as practicable, be
given to applicants for the smallest amounts and smallest denomi-
nations of said bonds in issuing the same.
§ 137. The commissioners of the “sinking fund of the city of
New York for the redemption of the city debt,” when duly author-
ized by ordinance of the common council, may, by concurrent
resolution, direct that the bonds and stocks of said city, issued
pursuant to law, after June ninth, eighteen hundred and eighty,
shall be exempt from taxation by said city and by the county of
New York, but not from taxation for state purposes; and all bonds
and stocks issued pursuant td such authority shall be exempt from
taxation accordingly, provided that said bonds and stocks shall not
bear interest jin the rate of four and one-half per centum
per annum. The bonds and stocks of the city of New York issued
pursuant to the provisions of this section, shall express upon their
face the fact that they are exempt from taxation by the city and
county of New York, but not from state taxation, and shall refer
to this section, and to the ordinance of the common council, and
the resolution of the commissioners of the sinking fund authorizing
their issue.
§ 138. All bonds issued by the towns of Morrisania and West
Farms, formerly a portion of Westchester county and heretofore
annexed to the city and county of New York, for the payment of
the principal and interest of which the city and county of New
York is liable, may be registered by the owners thereof in the
comptroller's office in said city ; and shall be transferable at the
pleasure of the holder, either in person or by attorney, only upon
the books of the corporation at said office; such registry and trans-
fer to be indorsed thereon by the stock clerk. The interest on such
bonds, when so registered, shall, as the same becomes due and pay-
able, be paid in like manner as upon other registered stock and
bonds of the city and county of New York; and whenever any
such bonds have coupons attached, the comptroller shall, upon
registration thereof, have authority to detach all coupons there-
from, and shall thereupon indorse the fact of such registration with
a reference to this section.
§ 139. It shall be the duty of and lawful for the comptroller
when thereto authorized by the board of estimate and apportion-
ment to create and issue such additional amounts of a public
fund or stock, to be denominated “city improvement stock,” as
shall be necessary to provide the funds to enable said comptroller
to pay any and all assessments and expenses imposed, or that may
hereafter be imposed, upon the mayor, aldermen, and commonalty,
by reason of the laying out, opening and regulating, and grading or
improving any and all streets, roads, avenues, public parks, squares
or places, and out of the proceeds of said public fund or stock to
pay such assessments and expenses.
Preference to
applicants.
1800, ch. 552, $1.
When commis-
Sioners of Bink-
ing fund may
direct bonds,
etc., of city to
be exempt from
taxation for city
purposes.
Bonds to express
fact of exemp-
tion on the
face.
1880, ch. 199, $1.
Certain town
bonds may be
registered.
Interest, how to
be paid.
1871, ch. 200, $3,
Comp. 550.
See 1872, ch. 872.
Issue of city im-
provement
stock.
To be applied
for street ex-
penses,
§ 140. For the payment of the damages awarded by the commis- Isra, ch. 601, sr.
Comp. 1030.
1871, ch. 584, §23;
1873, ch. 613, $16,
l”ublic fund or
sioners of estimate and assessment in any proceedings instituted by
virtue of any of the provisions of sections six hundred and seventy
to six hundred and seventy-eight inclusive, and of the expenses,
Stock
to be cre-
charges and disbursements in the premises, the comptroller is ated º
40 WHEN BONDS TO BE ISSUED.
1877, ch. 445,
§§19, 20.
Comp. 335.
Expenditures,
etc., payment of.
1879, ch. 516.
Proviso.
Bonds to be
188tued.
1880, ch. 360, $4.
Bonds for
drains.
1871, ch. 574, §6.
Bubd. 11,
Comp. 733.
City comptroller
to issue dock
º:
authorized and directed, subject to the other provisions of this act, to
create and cause to be issued, in the name and in behalf of the city
of New York, a public fund or stock, payable not more than forty
years from the date of issue thereof, which fund or stock shall be a
charge upon the said city, and shall be issued at such time and
times, and in such manner, of such description and in Such amounts,
as may be directed by the department of public parks. The moneys
collected upon the assessment laid by the commissioners of esti-
mate and assessment appointed in pursuance of Such sections or
any of them, shall be sº toward the payment of said fund or
stock, or to the payment of said awards and expenses, if received
before the issue of such fund or stock.
§ 141. It shall be the duty of the comptroller, and he is hereby
authorized and directed when thereto authorized by the board of
estimate and apportionment, on requisition of the commissioner of
public works, to raise, from time to time, on bonds of said city,
amounts of money sufficient to pay the sums which may be neces-
sary, from time to time, to be paid for the acquisition of any real
estate, or for the extinguishment of any right, title, interest therein,
to be acquired or extinguished under the provisions of the laws
relating to the supply of water to the city, together with all
expenses necessarily incurred in surveying, locating, and acquiring
title to such real estate, or extinguishing claims for damages thereto;
and also all such sums as, from time to time, may be found neces-
sary for the construction of aqueducts, reservoirs, dams, sluices,
canals and appurtenances; and all such payments shall be made by
the comptroller on the certificate of the commissioner of public
works; provided, however, the amount so raised shall not in any
one year exceed the limitations which, by law, may be or may have
been imposed as to the amount of expenditure to be made by the
commissioner of public works. The bonds so to be issued shall be
entitled “additional Croton water stock of the city of New York,”
shall bear interest at the rate of not exceeding six per cent. per
annum, and shall be redeemable in not less than ten nor more than
fifty years, as the said comptroller shall determine to be for the best
interest of the said city. The mayor and comptroller of said city are
hereby authorized and directed to sign said bonds, and it shall be
the duty of the clerk of the board of aldermen to countersign the
same, and to affix thereto the seal of the city. Such bonds shall
not be disposed of at less than the par value thereof.
§ 142. It shall be the duty of the comptroller, when thereto
authorized by the board of estimate and apportionment, to issue
bonds in behalf of the mayor, aldermen, and commonalty, to an
amount sufficient to raise the sum necessary to pay any damages
that may from time to time be awarded to the owners of lands for
the right of way required for drains and for the expense of plans
and surveys and the fees of commissioners, in pursuance of Sections
five hundred and sixty-two to five hundred and sixty-five of this act,
inclusive, and to pay the same from the proceeds of such bonds in
the same manner as in the case of street openings.
§ 143. The comptroller shall, from time to time, when directed
by the commissioners of the sinking fund, prepare and issue bonds
of said city, to be called “dock bonds of the city of New York,”
signed, sealed, and countersigned in the same manner as othor
AMOUNT THAT MAY BE ISSUED. 41
bonds of said city, and bearing not more than six per cent. interest
per annum, and redeemable from time to time, but not before thirty
years after the date thereof, for the purpose of rāising the moneys
necessary to carry out the provisions of title one of chapter fifteen
hereof relating to the department of docks, its powers and duties.
But not more than three millions of dollars of said bonds shall be
issued in any one year, and none of said bonds shall be sold for less
than the par value thereof. The moneys received from sales of
said bonds shall be deposited in the treasury of the city, and shall
be drawn out and paid by the comptroller of said city for the sev-
eral objects and purposes provided in said title, relating to the said
department, its powers and duties, upon the requisition of the said
board of the department of docks, countersigned by the commis-
sioners of the sinking fund. The expenses and compensation of said
board, its rent, the compensation of its appointees, the purchase
money and damages awarded upon the acquisition of private prop-
erty, the payments under the contracts authorized in said title and
for work performed under the same, and all other expenses and
disbursements necessarily incurred in carrying out the said provis-
ions of said title in keeping, maintaining, repairing, building, and
rebuilding the wharves belonging to the said corporation, in dredging
and cleaning slips, shall be paid out of said moneys in the manner
above provided.
§ 144. It shall be lawful for the mayor, aldermen and common-
alty to borrow from time to time, by the issue of bonds, bearing
Such rates of interest as they may deem proper, not exceeding six
per centum 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, or on account of any local improvement or
other public work heretofore made or performed, or that shall be
hereafter made or performed under and by virtue of the authority
of any law, in all cases in which the said expense is to be paid in
whole or in part by assessment upon the property benefited.
Such bonds shall be issued by the comptroller when authorized by
the board of estimate and apportionment, at not less than par, for
such period as said comptroller may determine, not exceeding ten
years. No moneys shall be paid out of the proceeds of said bonds
on account of any contract hereinbefore referred to until a copy of
said contract has been filed with the comptroller of said city by the
head of the department having such work in charge, and also a
certificate in writing from the head of such department, stating that
a payment is due, and the amount of such payment.
§ 145. The comptroller is hereby directed, upon the confirma-
tion by the supreme court of any report of commissioners appointed
in proceedings to open or widen any street or avenue, or to acquire
the title to land for any public place in the twelfth ward, north of
One Hundred and Fifty-fifth street, or in the twenty-third or twenty-
fourth wards, in which proceedings assessments for benefit have
been or shall hereafter be made, and whenever assessments for grad-
ing, regulating, and paving and for sewers in said territory have
Limitation of
i85ue of bonds.
Moneys from
Fales of bonds
how deposited.
Payments
therefrom.
1852, ch. 397, §1,
Comp. 183.
Amount that
may be issued,
and Tate of
interest.
1872, ch. 580.
1878, ch. 383, $9,
Comp. 102.
1852, ch. 307, $1,
Comp. 184.
1881, ch. 544, $2.
Comptroller to
issue bonds for
certain street
openings.
42 BONDS FOR TAXES.
been or shall hereafter be laid, to issue the bonds of said city to an
amount sufficient to pay said assessments, which bonds shall be in
sums not exceeding one thousand dollars, and shall bear interest at
the rate of not exceeding six per centum per annum, payable semi-
annually, or such less rate as the said comptroller shall negotiate
the same for at par, and shall express that one-twentieth of the
whole amount of said bonds shall be payable in each year, such
one-twentieth to be designated in each year by the comptroller on
a day to be specified in said bonds by public selection by lot from
the whole number of said bonds, and said assessments shall be
paid from the proceeds of said bonds.
1878, ch. 383, §10, § 146. Whenever any bonds or stocks shall be hereafter issued,
§o, other than revenue bonds, or such bonds and stocks as may be
lºane, purchased for investment by the commissioners of the sinking fund,
issued. the comptroller of said city shall invite proposals therefor by pub-
lic advertisement for not less than ten days, and shall award the
same to the highest bidder therefor; provided that no proposals
for bonds or stocks shall be accepted for less than the par value of
the same ; and said proposals shall be only publicly opened by the
comptroller in the presence of the commissioners of the sinking
fund, or such of them as ghall attend, at the time and place speci-
fied in the advertisement thereof. The comptroller, with the
approval of said commissioners, shall determine what, if any, part
of said proposals shall be accepted, and upon the payment into the
city treasury of the amounts due by the persons whose bids are
accepted, respectively, certificates therefor shall be issued to them
as authorized by law.
gº, sº § 147. The moneys which the comptroller is authorized to pay
§omptroſier to pursuant to the provisions of section three hundred and twenty-
§ººl. three of this act shall be obtained by him from time to time, as may
be necessary, upon the bonds of said mayor, aldermen and common-
How applied, alty of the city of New York. The money collected pursuant to the
provisions of said section shall be set apart, when collected, as a
trust fund, and applied to the redemption of the principal and
interest of said bonds; said bonds shall be payable in not less than
five years from the date of their issue, and shall bear interest at a
rate not exceeding six per cent. per annum. The mayor and comp-
troller are authorized and directed to sign said bonds, and it shall
be the duty of the clerk of the board of aldermen to countersign the
said bonds and affix the seal of the city thereto.
1873, ch,750, $1, , § 148. To provide moneys for the payment of claims against the
§, to city and county of New York, incurred prior to January first, eighteen
lººr hundred and seventy-two, and of judgments which have been or may
T pur ſº & g º
ošeň. be obtained against the said city, the comptroller, whenever
*}” directed by the board of estimate and apportionment, is authorized
* * * to issue bonds of said city or county, payable within three years from
the date thereof, and bearing interest not exceeding six per cent.
per annum. Said bonds shall not be sold at less than their par
value, and the amount thereof is limited to two million dollars.
1873, ch. 756, $3, § 149. If, at any time hereafter, the amount in the treasury of
$ºnd, the city, derived from collections of assessments shall be insufficient
#}." to meet and pay, when they become due and payable, any bonds
- issued by the mayor, aldermen and commonalty of the city of New
York, for expenditures incurred on public improvements, payable in
BONIOS FOR, TAXE8. - 43
whole or in part from assessments, then it shall be lawful for the
comptroller, and he is hereby authorized to issue consolidated stock
for an amount sufficient to pay, and from the proceeds thereof, to
pay the bonds so falling due as aforesaid.
§ 150. The corporation of the city of New York is hereby author-
ized to borrow, on the credit of the corporation, from time to time,
Huch 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.
§ 151. For the purpose of completing the bridge now in course
of construction between the cities of New York and Brooklyn,
acquiring the land necessary therefor, and fitting and equipping the
same with the requisite structures and machinery for travel and
transportation thereon, as the trustees of the said bridge may deter-
mine, the city of New York shall pay to the trustees of the New
York and Brooklyn bridge such sum as, added to the amount paid
to said trustees since April seven, eighteen hundred and eighty,
will make the sum of seven hundred and fifty thousand dollars, or
So much of said sum as the said trustees shall from time to time
require, and call upon the said city to pay, by request made by the
said trustees, upon the mayor and comptroller of said city, but the
city of New York shall not at any time be called upon or required
to pay more than one-half the amount which the city of Brook-
lyn is at the same time called upon and required to pay; and it
shall be the duty of the said comptroller, and he is authorized to
borrow, from time to time, as shall be requisite upon the faith and
credit, and in the name of the mayor, aldermen, and commonalty of
the city of New York, the moneys necessary to pay to the said
trustees the sum aforesaid, and to pay the interest to accrue until
the said bridge shall be completed and ready for public travel, on
the bonds to be issued therefor; and also the interest to accrue
from and after the first day of January, eighteen hundred and
eighty, until the said bridge jai be completed and ready for public
travel as aforesaid, on the bonds issued by the said city under the
provision of chapter three hundred of the laws of eighteen hundred
and seventy-five, and to issue the bonds of said city, which bonds
shall be signed by the mayor and comptroller of said city, for the
moneys so to be borrowed, with interest, at a rate not exceeding
that allowed by law, and payable half-yearly, and which bonds shall
be redeemable in such time or times as said comptroller shall deem
proper. And it is hereby expressly provided and declared that the
money, by this section authorized to be raised and paid, together
with the money to be paid by the city of Brooklyn, and the proceeds
of the sales of lands acquired and held for the purposes of the
bridge is intended and shall be used fully to complete, fit up, and
equip the said bridge as a public highway between the said cities
of New York and Brooklyn; the said moneys being the limit of the
total amount authorized to be expended to fully and finally complete,
fit up, and equip the same.
$152. The comptroller is hereby authorized and directed to
issue, upon the requisition of the department of public parks, in
the name and on behalf of the mayor, aldermen and commonalty
revenue bonds of the city, to an amount not exceeding twelve thou-
1853, ch. 579,918,
Comp. 583.
Corparation to
borrow to meet
deficiencies.
1880, ch. 105, $1.
City of New
York to pay to
trustees of
bridge $750,000.
Comptroller to
borrow money.
Bonds to be
signed by the
mayor and
comptroller.
1881, ch. 461, $2,
Money to do
work to be rais-
ed on revenue
bonds,
44 BONTDS FOR TAXES.
1874, ch. 147, §1,
Comp. 186.
Revenue bonds,
city comptroller
authorized to
issue.
Proceeds to be
paid to State
treaSurer.
1873,ch.335,5105,
Comp. 96.
1880, ch. 587, §2,
Bonds.
1880, ch, 550, $10,
Id.
1880, ch. 550, $7,
Id.
sand dollars in all, with interest at the rate not exceeding six per
centum per annum, and the proceeds of said bonds shall be applied
to payment for the work, labor and materials required to be done
or purchased in pursuance of section six hundred and eighty-six
of this act.
§ 153. For the purpose of enabling the city and county of New
York to make payment of the quota of state taxes which may be
imposed upon and chargeable to the said city and county at the
same time or times that other counties of this state are or may be
required to make payment by law, to wit: One-half thereof on the
fifteenth day of April, and the other half thereof on the first day of
May in each and every year; the comptroller of said city is hereby
authorized and ºd. unless the money for the payment of the
same shall have been otherwise provided, to issue revenue bonds
for such amounts as may from time to time become necessary to
meet such quota of the state taxes, at not less than their par value,
and for such periods and at such rates of interest as the said comp-
troller shall determine, not exceeding six per centum per annum,
and from the proceeds thereof to pay to the state treasurer the
amount of taxes which the comptroller of the state shall have
apportioned according to law, and which may be required to be
paid, in pursuance of such apportionment, to the state by the city
and county of New York at the times hereinbefore stated; and the
amount of said state taxes for any fiscal year, so imposed and
chargeable, shall be levied, raised and collected in the then next
annual levy for taxes in the said city and county of New York, in
the same manner as other city and county taxes, and the money
collected thereon shall be applied to the redemption of the revenue
bonds so issued. *.
§ 154. The comptroller is authorized to borrow, from time to
time, on the credit of the corporation, in anticipation of its reve-
nues, and not to exceed in amount the amount of such revenues,
such sums as may be necessary to meet expenditures under the
appropriations for each current year.
§ 155. The comptroller is authorized and directed to raise such
sums of money as may be necessary to make the payments directed
to be made by section one hundred and ninety-six of this act, by
the issue of revenue bonds in anticipation of the taxes of the
year following the audit therein mentioned, and the moneys so
raised shall be paid for and upon the claim referred to in Said
section.
§ 156. The comptroller is authorized to issue assessment bonds
to provide for the payment of any awards for which certificates
may be filed in accordance with the provisions of section nine hun-
dred and twelve of this act, and to pay such awards from the pro-
ceeds of such bonds.
§ 157. Upon the receipt of a requisition issued and approved
in the manner and for the purposes, and amount or amounts pro-
vided in section five hundred and eleven of this act, it shall be the
duty of the comptroller to pay the same ; and for that purpose he
shall borrow and raise upon a revenue bond, to be issued in the
name of the mayor, aldermen and commonalty of the said city, the
the several amounts that from time to time may be so required,
which shall be reimbursed by the payment of the amount and
THE CHAMIBERTLAIN. 45
interest out of the judgment or judgments obtained as in said sec-
tion provided, if the same shall be collected.
§ 158. Upon the receipt of a requisition issued and approved in
the manner and for the purposes and amount or amounts provided id
in section five hundred and eleven of this act, it shall be the duty
of the comptroller to pay the same ; and for that purpose he shall
borrow and raise upon a revenue bond, to be issued in the name of
the mayor, aldermen and commonalty of the said city, the several
amounts that from time to time may be so required, which shall be
reimbursed by the payment of the amount and interest out of the
judgment or judgments obtained as in said section provided, if the
same shall be collected.
§ 159. The comptroller is authorized and directed to issue reve-
nue bonds to provide means to make the payments required by
section one hundred and thirty, in anticipation of the amount to be
received for the cost and expenses therein directed. Such bonds
shall bear interest at such rate as the comptroller shall deem
proper, not exceeding six per cent. per annum, and shall be sold at
not less than par.
§ 160. The comptroller is authorized and directed to raise by the
issue and sale of revenue bonds the amount appropriated in pursu-
ance of section two hundred and five in those cases in which the
appropriation is made after the final passage of the annual appro-
priation and the certification to the board of aldermen of the
amount to be raised. The amount so raised by revenue bonds
shall be included in the final estimate of the next succeeding year.
§ 161. The comptroller is authorized and directed to raise by
the issue and sale of revenue bonds the money necessary to
defray the expenses authorized by section three hundred and fifty-
two.
§ 162. When costs are awarded upon an appeal, to the person
charged as the father or mother of a bastard, they must, upon the
production of a certified copy of the order awarding costs and of
the taxed costs, be paid by the comptroller, and charged to the
appropriation made to the commissioners of charities and correc-
tion.
Title 3.- The Chamberlain.
§ 163. The chamberlain shall be appointed in the same manner
as heads of departments, and shall hold his office for four years,
unless sooner removed, as herein provided. He shall, within ten
days after receiving notice of his appointment and confirmation,
and before he enters upon his office, give a bond to the people of
the state of New York in the sum of five hundred thousand dollars,
with not less than four sufficient sureties, to be approved by the
comptroller, conditioned that he will faithfully discharge the duties
of his office and all trusts imposed on him by law in virtue of his
office. Such bond shall be deemed to extend to the faithful execu-
tion of the duties of the office until a new appointment shall be
made and confirmed, and the person so appointed enters upon the
performance of his duties. In case of any official misconduct or
default on the part of such chamberlain, an action upon such bond
may be begun and prosecuted to judgment by the attorney-general,
1871, ch. 625,838,
Comp. 546.
I
1881, ch. 456, $3,
Id.
1881, ch. 246, $1,
Id.
1871, ch. 213, $5,
Id.
1881,ch.442, $873,
Costs in bas-
tardy.
1873, ch. 335,534,
Comp. 169.
1880, ch. 521.
Chamberlain,
appointment of,
etc.
8 Abb. N.C. 92.
Bond of.
1860, ch. 521, $2.
46 'I'HI) () HAMBERLAIN.
1873, ch. 335,834,
Comp. 169.
Powers and
duties of.
Pay warrants
drawn on trea-
sury.
Warrants, when
to be signed and
countersigned.
Money to be
drawn On
checks.
When accounts
to be closed.
Examination of.
who shall, after first paying therefrom the expenses of the litiga-
tion, cause the proceeds of such judgment to be distributed as shall
be lawful and equitable among the persons and objects injured or
defrauded by such official misconduct or default of said chamber-
lain.
§ 164. Said chamberlain shall exhibit to the board of aldermen,
at its first meeting in the month succeeding that in which he enters
upon the execution of his office, an exact statement of the balance
in the treasury to the credit of the city, with a summary of the
receipts and payments of the treasury during the preceding year,
and since the last preceding report required by law, if more than a
year shall have elapsed since such report. He shall receive all
moneys which shall, from time to time, be paid into the treasury of
the city. He shall deposit all moneys which shall come into his
hands on account of the city on the day of the receipt thereof, or
on the business day next succeeding, in such banks and trust com-
panies as shall have been designated as deposit banks, in pursuance
of the next section ; but no amount exceeding two million dollars
shall be on deposit at any time in any one bank or trust company.
The money so deposited shall be placed to the account of the cham-
berlain, and he shall keep a bank book, in which shall be entered
his accounts of deposit in, and moneys drawn from, the banks and
trust companies in which the deposit shall be made. The said
banks and trust companies shall, respectively, transmit to the comp-
troller a weekly statement of the moneys which shall be received
and paid by them on account of the city treasury. The chamber-
lain shall pay all warrants drawn on the treasury by the comp-
troller and countersigned by the mayor, and no moneys shall be
paid out of the treasury except on the warrant of the comptroller
so countersigned. No such warrant shall be signed by the comp-
troller, or countersigned by the mayor, except upon vouchers for
the expenditure of the amount named therein, examined and
allowed by the auditor, approved by the comptroller, and filed in
the department of finance, except in the case of judgments,
in which case a transcript thereof shall be filed, nor except such
warrant shall be authorized by law or ordinance and shall refer
to the law or ordinance and to the appropriation under and
from which it is drawn. The chamberlain shall not draw any
moneys from said banks or trust companies, unless by checks
subscribed by him as chamberlain and countersigned by the
comptroller ; and no moneys shall be paid by either of the said
banks or trust companies on account of the treasury except upon
such checks. The chamberlain shall exhibit his bank-book to the
comptroller on the first Tuesday of every month, and oftener when
required. The accounts of the city treasurer shall be annually
closed on the last day of November, and shall be examined in the
month of December in said year by the commissioners of accounts.
Such commissioners shall examine the accounts and vouchers of all
moneys received into and paid out of the city treasury during the
year ending on the last day of November next preceding such
examination, and shall certify and report to the mayor and the
common council, in the following month of January, the amount of
moneys received into the treasury during such year, the amount of
moneys paid out during the same period by virtue of warrants
THE CHAMBERLAIN. 47
drawn on the treasury by the comptroller, the amount of moneys
received by the chamberlain who shall be in office at the time of
such examination, if he entered upon the execution of his duties
since the last preceding report, the balance in the treasury on the
last day of November preceding such examination, the amount of
moneys borrowed for or on the credit of the city during such year,
and the amount of bonds of the city issued during such year, with
the purposes for which and the authority under which such bonds
were issued. Such commissioners shall also compare the warrants
drawn by the comptroller on the treasury during the year ending
on the last day of November preceding such examination, with the
several laws and ordinances under which the same shall purport to
have been drawn, and shall in like manner certify and report
whether the comptroller had power to draw such warrants; and if
any shall be found which in their opinion he had no power to draw,
they shall specify the same in their report, with the reasons for
such opinion.
§ 165. The said chamberlain and mayor and the comptroller
shall by a majority vote, by written notice to the comptroller,
designate the banks or trust companies in which all moneys of the
mayor, aldermen and commonalty of the said city and county of
New York shall be deposited, and may by like notice, in writing,
from time to time, change the banks or trust companies thus desig-
nated ; but no such bank or trust company shall be designated unless
its officers shall agree to pay into the city treasury interest on the
daily balances at a rate to be fixed by the mayor and chamberlain,
and the said comptroller of the city of New York, by a majority
vote, which rate shall not be less than two and one-half per cent.
The said chamberlain shall keep books showing the receipts of
moneys from all sources and designating the sources of the same,
and also showing the amounts paid from time to time on account
of the several appropriations; and no warrants shall be paid on
account of any appropriation after the amount authorized to be
raised for that specific purpose shall have been expended. The
said chamberlain shall once in each week report in writing to the
mayor and to the comptroller all moneys received by him, the
amounts of all warrants paid by him since his last report, and
the amount remaining to the credit of the city and county.
The chamberlain shall receive the sum of twenty-five thousand
dollars annually, and no more, for all services as chamberlain of
said city and as county treasurer of the county of New York,
in lieu of salary and of all interest, fees, commissions, and
emoluments; and all such interest, fees, commissions, and
emoluments shall be accounted for and paid over by him to
the city treasury except that the commissions or compensa-
tion provided by law and received by him for receiving and
paying over the state taxes and all interest which accrues on de-
posits shall be paid by him to the commissioners of the sinking
fund. He may appoint and remove at pleasure a deputy chamber-
lain and such clerks and assistants as may be necessary, whose
salaries, together with all the expenses of his office, shall be paid
wholly by him, and shall in no case be a public charge.
§ 166. The chamberlain shall on the first day of October in each
year, and on the first day of each month thereafter, notify officially
1873, ch. 335,835
as amonded
1875, ch. 129, $1,
Comp. 171.
Banks of de-
posit.
Interest on de-
posits.
Warrants and
reports of mon-
eys received.
1880, ch. 521.
City chamber-
lain, his salary,
Interest, fees,
C.
Commissions on
State taxes, to
whom to be
paid.
º clerks
and assistants.
48 COMMISSIONERS OF SINKING FUND.
1872, ch. 733, §2,
Comp. 228.
Co. Civ. Proc.,
$754.
Co. Civ. Proc.,
3321.
ees of cham-
be lain.
1881, ch. 432, $3.
Payments to be
made by cham-
berlain to com-
missioners of
emigration.
1873, ch.335, S102,
as amended
1873, ch. 757,517,
Comp. 171.
Commissioner8
of sinking fund.
63 N.Y. 353; 31
How. 385; 7
Daly, 439.
Have power to
sell or lease
Fº
869, ch. 8.6, $8,
Comp. 229.
Market prop-
erty.
the comptroller of the state how much of the state tax has been
collected and paid into his hands during the preceding month ;
whereupon the comptroller shall immediately draw his warrant
therefor, payable to the treasurer of the state, who shall proceed
to collect and deposit the same in the treasury of the state, and the
chamberlain shall pay such warrant immediately upon its presenta-
tion and demand for payment.
§ 167. Each provision of title three of chapter eight of the Code
of Civil Procedure, relating to a county treasurer, applies to the
chamberlain, with respect to money paid into court, in an action
triable in the city and county of New York, or with respect to
money, or a bond, mortgage, or other security, or public stock, rep-
resenting money paid into court ; except where special provision,
with respect to the same, is otherwise made by law.
§ 168. The chamberlain is entitled, for the services specified in
this section, to the following fees : For receiving money paid into
court, one-half of one per centum upon the sum so received. For
paying out the same, one-half of one per centum upon the sum so
paid out. For investing money, pursuant to the direction of a
court, one-half of one per centum upon the sum invested, not
exceeding two hundred dollars, and one-quarter of one per centum
upon the excess over two hundred dollars. For receiving the
interest upon an investment, and paying the same to the person
entitled thereto, one-half of one per centum upon the interest so
received and paid. s
§ 169. It shall be the duty of the chamberlain to pay over from
time to time to the commissioners of emigration, out of the moneys
received by him as duty upon alien passengers arriving at the port
of New York, all such sums of money as may be necessary for the
execution of the inspection laws of the state of New York, with the
execution of which the commissioners of emigration now are or may
hereafter be charged by law, and to take the vouchers of the com-
missioners of emigration for all such payments. And it shall be
the duty of the said chamberlain to pay over annually, on the first
of January in each year, to the treasury of the United States the
net produce of all such duties collected and received by him after
the payments to the commissioners of emigration aforesaid, and
take the receipts of the secretary of the treasury therefor.
Title 4.—Sinking Fund.
§ 170. There shall continue to be a board of commissioners of
the sinking fund, composed of the mayor, recorder, chamberlain,
comptroller, and the chairman of the finance committee of the board
of aldermen, with all the powers and duties now assigned, desig-
nated, and ratified by existing ordinances. The said board
shall except as in this act otherwise specifically provided have
power to sell or lease, for the highest marketable price or rental,
at public auction or by sealed j. and always after public adver-
tisement and appraisal under the direction of said board, any city
property except wharves or piers, but not for a term longer than
ten years, nor for a renewal for a longer term than ten years. But
if said property be market property, excepting the market between
COMMISSIONERS OF SINKING FUNI). 49
Sixteenth and Seventeenth streets, east of Avenue C, the market
in Governeur slip, and the market in Old slip, it shall not be
sold or leased unless under a condition that the purchaser
or lessee thereof shall maintain said market property as and for the
purposes of a public market for at least ten years from and after
such sale or lease, and under due ordinances of the common council
or of the department of health, or under stipulations in the deed of
saie or lease. The proceeds of said sale or leasing shall, on receipt
thereof, after paying necessary charges, be immediately paid to the
credit of the sinking fund. It shall be lawful for the commis-
sioners of the sinking fund in their discretion, and they are hereby
empowered in such discretion to cancel any portion of the indebt-
edness of the said city held by them, which is by law redeemable
from the sinking fund, and to sell any stocks and bonds which they
may hold that are not payable from said fund, and with the pro-
ceeds of such sale of stocks and bonds to buy any other stocks and
bonds which are payable from said fund.
§ 171. The fund known as “the sinking fund of the city of New
York for the redemption of the city debt,” shall be continued, and
any excess there may be in said fund, after providing for the pay-
ment of the bonds and stocks of said city, payable therefrom, as
provided by law, shall form a fund for the payment of other bonds
and stocks of said city and county, as by this chapter provided. All
moneys and revenues of said city heretofore pledged and appro-
priated to and constituting and forming said sinking fund shall
continue to be and the same are hereby pledged and appropriated
to said fund until all of said bonds and stocks of the said city shall
be fully and finally redeemed.
§ 172. The fund known as the “sinking fund of the city of New
York, for the payment of the interest accruing and to accrue upon
the stocks of said city, until the same be fully and finally redeemed,”
shall be continued, and after providing for the payment of the in-
terest on the bonds and stocks of said city, now payable therefrom
as provided by law, shall form a fund which shall be transferred to
the “sinking fund for the redemption of the city debt,” and which
transferred fund is hereby, in addition to the revenues and moneys
aforesaid, pledged and appropriated to said last-mentioned sinking
fund, until all the bonds and stocks of said city, as aforesaid, are
fully redeemed and paid.
§ 173. All moneys now in the treasury of said city heretofore
collected and received in payment or on account of assessments
made and confirmed for local improvements in said city, and all
moneys which shall hereafter be collected and received in payment
or on account of assessments made and confirmed, or which may be
made and confirmed, for local improvements completed prior to
June third, eighteen hundred and seventy-eight, shall be paid into
the sinking fund for the redemption of the city debt, and the same
is hereby, in addition to the revenues and moneys aforesaid,
pledged and appropriated to said sinking fund for the payment of
the bonds and stocks of said city, to be paid and redeemed there-
from as hereinbefore provided.
§ 174. Between the city and its creditors, holders of its bonds
and stocks as aforesaid, there shall be and there is hereby declared
o be a contract that the funds and revenues of the city and the
Proceeds of
sale.
1878, ch. 383, §1,
Comp. 190.
Redemption
sinking fund.
Interest sinking
fund, when to
be transferred to
redemption
und.
Id. $2.
1878, ch. 383, §3,
Comp. 190.
Moneys from as-
Sessments for
local improve-
ments to be paid
into redemption
fund,
Id. §4,
Comp. 191.
Contract be-
tween city and
creditors,
4.
50 COMMISSIONERS OF SINKING FUND.
Id. $5,
Sinking fund
Inot to be aliena-
ted or impaired.
Id. $6.
Commissioners
may call in
bonded debt.
Consolidated
stock.
1878, ch, 383, $7,
Comp, 191.
Bond B and
stocks to be
paid from sink-
ing fund.
1880, ch. 550, $11.
funds to be collected from assessments as aforesaid, by this chap-
ter pledged to the sinking fund for the redemption of the city debt,
shall be accumulated and applied only to the purposes of said
sinking fund, until all of said debt is fully redeemed and paid, as
herein provided.
§ 175. Nothing in this title contained shall be held to require
or authorize the commissioners of the sinking fund to use or apply
any part or portion of the accumulations in said sinking fund for
the redemption of the city debt or the revenues of said fund in any
manner whatever, whereby the security of said fund for the pay-
ment of the bonds and stocks of said city, for which said fund is
now pledged by law, and which are a charge on said fund, shall be
alienated or impaired, and the said bonds and stocks so secured by
law are hereby declared to constitute a preferred charge on said
sinking fund until the same are fully and finally paid and re-
deemed.
§ 176. The commissioners of the sinking fund are hereby author-
ized and empowercd to call in, pay, and redeem any portion of the
bonded debt now a charge upon the treasury of the said city, other
than revenue bonds issued in anticipation of the collection of taxes,
when they may deem it to be advantageous for the interest of the
city so to do, and for this purpose the said commissioners of the
sinking fund are hereby empowered to authorize by a concurrent.
vote, and direct the comptroller to issue and sell or exchange there-
for, at not less than par, “consolidated stock” of said city, payable
within a period of not less than twenty nor more than fifty years
from the date of issue thereof, and at a rate of interest not exceed-
ing five per cent. per annum, payable semi-annually; and upon the
payment and redemption of any portion of said bonded debt the
certificates thereof shall be canceled by said commissioners. The
“consolidated stock” of said city, issued as by this section author-
ized, after fully providing for the preferred bonds and stocks of
said city, as in the preceding section specified, shall form a charge
upon the said sinking fund for the redemption of the city debt, and
any part of said bonded debt falling due not exchanged for or
redeemed from the proceeds of consolidated stock as herein provi-
ded, may be paid from said sinking fund for the redemption of the
city debt, provided such payment shall not in any way impair the
preferred claims thereon as in the preceding section specified, and
provided also, the commissioners of the sinking fund shall deem it
to be for the best interests of the city that such payment should be
so made.
§ 177. From the said sinking fund for the redemption of the city
debt shall be paid and redeemed all preferred bonds and stocks of
said city for the payment or redemption of which said fund is
pledged, as aforesaid, and other bonds and stocks of said city as by
this title authorized. -
§ 178. The assessments made for local improvements prior to
the ninth day of June, eighteen hundred and eighty, including
assessments for improvements contracted for or authorized prior to
said date, shall, when collected, be paid over to the commissioners
of the sinking fund of said city, and applied by them in accordance
with law.
§ 179. It shall not be lawful for the said mayor, aldermen, and
COMMISSIONERS OF SINKING FUND. 51
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 which may
tend to a diminution of the receipts from such source of revenue,
or either of them ; and all the revenues of said corporation not by
law otherwise specifically appropriated, shall, when received into
the city treasury, be jºi to the general fund.
§ 180. The commissioners of the sinking fund possess the
power, and they are authorized to lease, in the manner provided
by law, along with the franchise of a ferry within said city, such
wharf property, including wharves, piers, bulkheads, and structures
thereon, and slips, docks, and water-fronts adjacent thereto, used or
required for the purposes of such ferry, now owned or possessed,
or which may be hereafter owned or acquired by said city, or to
which the corporation of said city is or may become entitled, or
which it may become possessed. Nothing in this section contained
shall be held to apply to that portion of the East river which has,
by law, been exclusively set apart for the use of canal boats
engaged in the transportation of freights in the Hudson river,
coming to tide-water from the canals of the state.
§ 181. All applications to lease any real estate for the purposes
of the mayor, aldermen, and commonalty of the city of New York,
including the premises required in accordance with law for armories
and drill rooms and places of deposit for the safe-keeping of arms,
uniforms, equipments, accoutrements, and camp equipage of the
national guard, must be presented to and passed upon by the
commissioners of the sinking fund of said city. It shall be the duty
of the comptroller, after due inquiry to be made by him, to present
to the said commissioners a statement in writing of the facts relating
to any real estate proposed to be leased, the purposes for which
such lease is required by the city, with his opinion, and the reasons
therefor, as to the fair and reasonable rent of said premises. The
said commissioners, upon such report, and upon such further inquiry
as they in their discretion may make, may authorize a lease of such
premises as shall be specified in their resolution, at the rent therein
set forth, for a period not exceeding five years, but such lease
shall not be authorized except at a fair and reasonable rent, and
unless the commissioners are satisfied and shall so express that it
would be for the interests of the city that a lease of the premises
for the purposes specified should be made. Without the consent
of the said commissioners the premises leased shall not be used
during the period of the lease for purposes other than specified in
said resolution. If the city shall, prior to the making of the lease,
have entered upon the possession of the property, the lease may
be made to commence as of the date when the occupation com-
menced.
§ 182. The commissioners of the sinking fund are authorized
and directed to renew, from year to year, the lease of the premises
at Castle Garden, now occupied by the commissioners of emigration,
upon such terms and conditions as may be mutually agreed upon.
§ 183. The commissioners of the sinking fund, or the mayor,
aldermen, and commonalty, are authorized to cede, grant, and
convey to the United States, upon such terms, and for such consid-
eration as may be agreed upon by and between said commissioners
1862, ch. 163, §3,
Jomp. 180.
Mayor, alder.
men and com-
monalty prohib-
ited from alter-
ing rates,
1880, ch,498,851,2
Commissioners
of Hinking fund
Imay lease wharf
property, etc.
Not to apply to
part of East
river set apart
for canal boats.
1880.ch.461,5$1,2
1870, ch. §
'...}. 1203.
Applications for
leases must be
passed upon by
commissioners
of Sinking fund.
Comptroller to
present State-
ment of facts.
Commissioners
may at thorize a
€886,
1866, ch. 876, §11,
Comp. 1679.
Cession of lands
by city of New
York authorized
1849, ch. 345, $4,
Comp. 1226.
52 COMMISSIONERS OF SINKING FUNI).
of the sinking fund, or said mayor, aldermen, and commonalty, and
the United States, all the estate, right, title, and interest of the city
of New York, in and to any part of the land required for the
channel to connect the waters of the Harlem river with the Hudson
river, in accordance with the plans for the improvement of the
Harlem river, prepared under the direction of the secretary of war.
Certificate. Whenever any part of said land shall have been ceded by said com-
- missioners of the sinking fund, pursuant to the authority hereby given,
it shall be the duty of said commissioners of the sinking fund, or a
majority of them, to give a certificate under their hands, that the
same has been ceded, pursuant to the provisions of this section ;
and upon the production of such certificate, and upon proof of due
compliance, on the part of the United States, with the terms of
” cession, it shall be the duty of the mayor of said city, and the clerk
of the common council, in the name and on behalf of the said mayor,
aldermen, and commonalty, to execute a proper conveyance of such
lands under their hands and the seal of said city.
1871, ch. 574, $6, § 184. The commissioners of the sinking fund shall perform
** the duties and possess the powers with reference to docks, piers,
and slips, stated in sections seven hundred and twelve and seven
hundred and fifteen of this act.
1879, ch. 33, $1, § 185. The commissioners of the sinking fund are authorized to
§her, sell to the United States, upon such terms, and for such considera-
of sinking fund, tion, as may be agreed upon by and between said commissioners of
#"*" the sinking fund and the authorities of the United States, so much
.** of the land situated in and belonging to the corporation of said
city, and immediately adjoining the northerly side or boundary of
the land heretofore conveyed by the mayor, aldermen, and common-
alty of the city of New York to the United States, for a site for a
post-office, as is now covered by two sidewalks, each one hundred
and three feet and six inches in length by nineteen feet two inches
in width, with a paved passage-way between, eleven feet and eleven
inches in width, making a total area of two hundred and eighteen
feet eleven inches in length, and nineteen feet and two inches
in width. Whenever said land shall have been sold pursuant to the
authority hereby given, it shall be the duty of the commissioners of
the sinking fund, or a majority of them, to give a certificate under
their hands that the same has been sold pursuant to the provisions
of this section ; and upon the production of such certificate, and
upon proof of due compliance on the part of the United States with
the terms of sale, it shall be the duty of the mayor of said city, and
the clerk of the common council, in the name and on behalf of said
mayor, aldermen and commonalty, to execute a proper conveyance
of such lands under their hands and the seal of said city.
1881, ch.89,S$1,2. § 186. The commissioners of the sinking fund are authorized,
;" upon the application of the board of education duly authorized
at auction. and certified, to sell at public auction at such times and on such
terms as they may deem most advantageous for the public interest,
any land or lands and the buildings thereon, owned by the mayor,
aldermen, and commonalty of the city of New York, occupied or
reserved for school purposes, and no longer required therefor; pro-
Proviso as to vided, however, that no property shall be disposed of for a less sum
price. than the same may be appraised at by the commissioners of the
sinking fund, or a majority of them, at a meeting to be held and on
T}OARD OF ESTIMATE AND APPORTION MENT. 53
an appraisement made within one month prior to the date of the
sale ; and at least thirty days' notice of such sale, including a
description of the property to be sold, shall be published in the City
Record. The money received in payment for the said lands and
buildings shall be paid into the treasury of the city.
§ 187. The commissioners of the sinking fund are authorized
and empowered to lease to “The Mount Sinai Hospital in the city
of New York” a piece or parcel of ground belonging to the city,
and situate on the block bounded by Lexington and Third avenues,
Sixty-seventh and Sixty-eighth streets, being so much of said block
as said commissioners may deem proper for the erection thereon of
a building for the use of said hospital, such lease to be for a period
of ninety-nine years, at such nominal rent as they may deem advis-
able, having in view the provision made by such institution for a
class of patients needing hospital treatment, and who would other-
wise become a public charge upon the mayor, aldermen, and com-
monalty of the said city. Such lease shall contain a covenant on the
part of said corporation, The Mount Sinai Hospital in the city of
New York, that no charge whatever shall be made for the treatment
of patients in any of the wards of the buildings to be erected upon
the said land.
§ 188. The commissioners of the sinking fund are empowered
to lease to the German Hospital and Dispensary of the city of New
York, for a term not exceeding ninety-nine years from the date of
said lease, the land situate on the southeasterly corner of Seventy-
seventh street and Fourth avenue, which was on the thirteenth day
of May, eighteen hundred and eighty-one, held by said hospital by
a lease from the mayor, aldermen and commonalty of the city of
New York, upon the same terms on which said lands were then
leased, but such lease shall continue only so long as the same shall
be used for the purposes of a hospital and dispensary, and for no
Other purpose.
Title 5.—Appropriations and the Board of Estimate and
Apportionment.
§ 189. The mayor, comptroller, president of the board of alder-
men, and the president of the department of taxes and assessments,
shall constitute the board of estimate and apportionment. The
first meeting of said board in every year shall be called by notice
from the mayor, personally served upon the members of said board.
Subsequent meetings shall be called as the said board shall direct.
At such meetings the mayor shall preside, and one of the number
shall act as secretary. The said board shall, annually, between the
first day of August and the first day of November, meet, and, by
the affirmative vote of all the members, make a provisional estimate
of the amounts required to pay the expenses of conducting the pub-
lic business of the city and county ...} New York, in each depart-
ment and branch thereof, and of the board of education for the then
next ensuing financial year. In such provisional estimate they
shall include such sum as may be necessary for the payment of
the interest on the bonds of the said city and county which shall
become due and payable within said year, and such sum as shall
1881, ch. 189,831,2
Lease to Mt.
Sinai Hospital.
Covenant.
1881, ch. 272.
Lease to Gºr-
man Hospital.
1873,ch.345, S112,
Comp. 172.
Board of Esti-
mate and uppor-
tionment.
77 N.Y. 542.
16 Hun, 340.
Provisional es-
timate.
Provisional es-
timate, what to
contain.
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APIPIROIPIRIATIONS. 55
city, or for which the city is liable, and also to provide for the pay-
ment to the commissioners of the sinking fund of any sums directed
by special laws to be paid to said commissioners on account of such
bonds or obligations and in anticipation of their maturity, and to
provide for the raising of the money therefor, in accordance with
such special laws and the laws under which such bonds and obliga-
tions were issued or created.
§ 191. Whenever and as often as the commissioners of the sink-
ing fund shall certify to the board of estimate and apportionment
that the accumulations in the sinking fund will not be sufficient to
meet the payment of any bonds or stocks falling due in the next
following calendar year, it shall be the duty of said board of esti-
mate and apportionment, and it is hereby required, to include in
the annual estimate for such year, to be raised by tax on the estates,
real and personal, in said city, subject to taxation, such an amount
to be applied to the payment of said bonds or stocks as shall be
certified by said commissioners, and the amount so included in
said estimate shall be paid into said sinking fund and applied as
in this section specified ; provided, however, that the amount so to
be raised by tax and paid into the sinking fund, as in this section
provided, shall not in any one year be less than the sum of one
million dollars, nor more than two million dollars.
§ 192. For the payment of all bonds and stocks of the said city
issued after June third, eighteen hundred and seventy-eight, pur-
Suant to the provisions of any statute authorizing the same, and
which by the provisions of such statute are payable from taxation—
Other than revenue bonds issued in anticipation of the collection
of taxes—there shall be included in the annual estimate each year,
to be raised by tax on the estates, real and personal, in said city,
subject to taxation, a sum sufficient with the accumulation of
interest thereon, to meet and discharge the amount of said bonds or
stocks by the time the same shall be payable as such sum shall
be certified to the said board of estimate and apportionment by the
Comptroller, and which sum so raised by tax shall be paid annually,
on the first day of November, to the commissioners of the sinking
fund, and shall be invested by them in the same manner as the
revenues pledged to the sinking fund for the redemption of the city
debt.
§ 193. If a final judgment for a sum of money, or directing the pay-
ment of money, shall have been, or shall hereafter be recovered
against said city, and the same remains, or shall hereafter remain
unpaid, and the execution thereof is not, or shall not be stayed as
required by law, or if so stayed, the stay has expired, or shall
hereafter expire, it shall be the duty of the board of estimate and
apportionment, and the said board is hereby empowered to assess,
levy, and cause to be collected at the same time and in like manner
as other moneys for the necessary expenses of the city are then
next thereafter to be assessed, levied, and collected, and in addi-
tion to the moneys now authorized by law to be assessed, levied,
and collected for that purpose, a sum of money sufficient to pay the
said judgment, with the interest thereupon, and the fees and
expenses chargeable by law upon the execution, if any, issued to
collect the same. The moneys so assessed and levied as soon as
collected and paid to the proper receiving and disbursing officer or
ing similar pro-
visions as to
them.
1878, ch. 383, §7,
Comp, 192.
Proviso.
Id. §8.
Money for pay-
ment of stocks
and bonds here-
after issued,
how raised.
ISSO, ch.554, §§1, 2
Duty of board of
estimate and
apportionment
to levy amount
to pay final
judgment.
Levy to be in
additiou to
amount author-
ized by law.
Money to be
paid to judg-
ment creditor.
56 ANNUAL AI2]2ROPRIATIONS.
**.
Limitations as
to amount shall
not apply to
moneys to be
raised under
this Section.
1875, ch. 476, §1,
Comp. 691.
1879, ch. 381, $2,
Comp. 318.
1875, ch. 620, $3,
Comp. 1463.
1879, ch. 268, $2,
Comp. 1495.
1879, ch. 57, §5,
Comp. 1207.
TO trustees of
seventh regi-
ment, in lieu of
rental, etc.
How applied.
When appropri-
ations and pay-
ments to cease.
1873, ch. 429, §5,
Comp. 1200,1203.
1870, ch. 80, 120
as amended.
1875, ch. 223,834,
Comp, 1203.
1869, ch. 595, $2,
Comp. 517.
1875, ch. 404, §2,
Comp. 365.
officers, or so much thereof as may be necessary, shall, from time
to time, be paid by him or them to the judgment creditor, admin-
istrator, or assignee, or other person entitled to receive the same
by reason of the said judgment, without any deduction for his or
their fees or commissions. No restriction or limitation imposed
by law as to the sum to be raised in any year shall apply to the
moneys to be raised for the purposes specified in this section ; but
the said moneys shall be raised in addition to any sum so restricted
or limited.
§ 194. The board of estimate and apportionment shall annually
include in its final estimate the following sums, which shall annually
be raised and appropriated :
First—Such sum, not exceeding five hundred thousand dollars
in any year, as shall be included in the estimate of the department
of public works to be expended in repaving such streets, avenues
and public places in said city as shall be certified to the board of
aldermen by the commissioner of public works as required to be
repaved for the safety, health, or convenience of the public, and as
said board of aldermen shall by ordinance or resolution direct.
Second—Such sum, not exceeding two hundred and fifty thousand
dollars, as said board may deem necessary in the interest of the
city, to be expended by the commissioner of public works,
when thereto authorized by the common council, according to
law, in extending and enlarging the distribution of water through
the city. k
Third—All necessary sum or sums of money for the purpose of
paying the expense incurred by any coroner, in accordance with
law, in employing scientific experts, engineers, and toxicologists.
Fourth—The amount fixed by said board for clerk hire and con-
tingent and incidental expenses of the office of the commissioner of
jurors, but not exceeding six thousand dollars per annum.
Jºſth—The sum of fifteen thousand dollars to be paid to the
trustees of the Seventh Regiment new armory fund, or their suc-
cessors, as an equivalent and in lieu of a rental for an armory for
said regiment, and to be paid in semi-annual sums of seventy-five
hundred dollars each, which shall be used by them in paying the
interest or principal of the bonds issued by said regiment under
chapter fifty-seven of the laws of eighteen hundred and seventy-nine.
Provided, however, that the said appropriation and payments
shall cease when all the bonds issued by the regiment for com-
pleting and furnishing its new armory have been fully paid, or by
conformity with said act would have been paid ; and such annual
appropriations shall not in any event be made for a period beyond
fifteen years.
Sictſ —The sum or sums authorized to be expended in accord-
ance with law for the purchasing and leasing of lands and the erec-
tion or leasing of buildings for armories and drill-rooms.
Seventh—The amount necessary for the maintenance of the
meteorological and astronomical observatory, museum of natural
history and gallery of art, and the buildings, instruments and equip-
ments thereof in the Central park, not exceeding, however, thirty
thousand dollars.
Eighth—Such sum, not exceeding twenty thousand dollars, as is
included in the departmental estimates submitted to it by the
ANNUAL AI’ſ’lúOPHIATIONS.
57
r:
department of public charities and correction, to be applied to the
relief of poor adult blind persons.
Ninth—The sum of ten thousand dollars to the credit of the
health department, to be known as the tenement-house fund, to be
expended by the board of health.
Tenth—Such sum as is necessary to pay the expenses of the
registration and revision of registration required by law, and of all
elections held in said city during the year.
Eleventh–Such sum as may be necessary to pay the compensa-
tion payable according to law to justices of the supreme court from
judicial districts other than the first judicial district, who hold
court in the city.
Twelfth–The amount necessary for the support of the night
medical service; but in no case shall the sum so appropriated
exceed three thousand dollars for any one year.
Thirteenth—To pay the proportion of expense chargeable to the
city for the building, maintenance, and repair of the public bridges
over the Bronx river, between the city and county of New York and
the county of Westchester, which are now built, or which may
hereafter be built.
Fourteenth—The amount necessary to pay the expense of pro-
curing and preparing surveys and maps for commissioners of esti-
mate and assessment, appointed in any proceeding to open any
street, avenue, or public park or place.
Fifteenth—The sum apportioned to said city for its proportion
of the salary of the shore inspector, so called, and of the expenses
incurred by him in pursuance of law.
Sixteenth—The sum necessary to pay the salaries of the janitors
of the district courts.
Seventeenth—Such sum as is necessary for defraying the expenses
incurred by virtue of sections ten hundred and ninety-three, ten
hundred and ninety-four and ten hundred and ninety-five of this act.
Eighteenth—Such sum as may be necessary to pay the expenses
of the police courts and the board of police justices in accordance
with law, and the salaries of the clerks, interpreters and stenog-
raphers of the court of general sessions, appointed in accordance
with law.
Nineteenth—Such sum as may be necessary to provide for the
º and publication of the registry of voters. -
Twentieth-Such sum as may be required by the trustees of the
College of the City of New York, pursuant to section ten hundred
and fifty-nine.
Twenty-first—The sums necessary to make the following de-
scribed payments, namely : º
1. To the American Female Guardian Society, for the mainten-
ance of each girl under the age of fourteen, and each boy under the
age of ten years, committed to such society by any magistrate in
the city of New York, the sum of two dollars per week for each and
every week until such child is discharged or removed from the
institution of such society.
2. To the American Female Guardian Society twenty-five thou-
sand dollars, to be applied to the support of the industrial schools
and other charitable work of the said society.
3. To the New York Society for the Relief of the Ruptured and
1879, ch. 504, §4,
Tenement-bouse
fund.
See $608.
1872, ch. 675,591,
§ 831.
Election ex-
penses.
1855, ch. 575, $2;
1875, ch. 414, $1,
Comp. 1273.
1880, ch. 588, $8,
Night medical
Service.
1880, ch. 163, §1,
Bridges over
Bronx river.
1880, ch. 570, $1.
1875, ch. 604, §4,
Comp. 1599,
1850, ch. 463, $4.
1880, ch. 392, $1.
1874,ch.656, S$1,2
Comp. 1266.
1881, ch. 701, §6,
1866, ch. 637, §1,
1872, ch. 471,
Comp. 761.
1865, ch. 722, $2,
Comp. 1481.
“Daily Regis-
ter "" and law
library.
1873, ch. 538, $4,
Comp. 1397.
1875, ch. 199, $2.
Comp.
Am. Female
Guardian
Society.
1872, ch. 754, $1.
Comp. 17:36.
58 ANNUAL AIPPIROIPRIATIONS.
1872, ch. 835, S1,
Comp. 1814,
Sum to be paid
annually for
each child re-
tainca in hos-
pital.
1377, ch. 101, $1,
Comp. 1813.
Homeless and
needy mothers,
Compensation of
Id, for those
nursing their
own infants.
Monthly allow-
ance of $18 not
to continuo for
more than one
year.
1874, ch. 506, $2,
Comp. 1790.
1870, ch. 300, $1
a8 amended
1873, ch. 143,
Comp. 1789,
Dnion Home
and School.
1870, ch. 166, §3,
Comp. 1786.
1165, ch. 70, $18,
Comp. 1782.
Children's Aid
Society.
1871, ch'is), g1,
Comp. 1783.
1874, ch, 644, §1,
Comp. 1779.
Foundling
Asylum.
1877, ch. 42, $2,
Comp. 1780.
Compensation
for maintaining
Ineedy women,
€tC.
See 1872, ch.635,
$12,
1866, ch. 650, $1,
as amended.
1874, ch. 643, §1,
Comp. 1774.
Nursery and
Child's Hospital.
Crippled, the sum of one hundred and fifty dollars for the support
of every crippled child received and retained in their hospital, for
One year, and a proportionate sum for a shorter period.
4. To the New York Infirmary for Women ºison, twenty-
five dollars for each homeless or needy mother who has received care
and attendance in the lying-in wards of the New York Infirmary
for Women and Children, for such care and obstetric attendance;
and the further sum of eighteen dollars per month, and proportion-
ately for any fraction of a month, for each mother thus domiciled and
attended at the birth of her child, and for each homeless or needy
mother with a nursing infant who resides at said infirmary at the
request of or by permission of its officers, and wet-nurses her own
infant, provided such residence shall exceed the period of two
months, but the said monthly allowance of eighteen dollars shall
not be paid for a longer period than for one year, for any mother so
remaining continuously.
5. To the Children's Fold of the city of New York, the sum of
two dollars per week for each and every orphan, half-orphan and
destitute child received and supported by said institution, the
expense of whose support is not paid by private parties.
6. To the Union Home and School for the Education and Main-
tenance of the Children of Volunteers, the sum of one hundred and
fifty dollars per annum, and in like proportion for any fraction of a
year, for each and every destitute child received from said city
which may be supported and maintained by said institution.
7. To the New York Institution for the Blind, fifty dollars for
each state pupil sent to and received in the said institution from
said city, whose parents or guardians shall, in the opinion of the
superintendent of public instruction, be unable to furnish them
with suitable clothing, to be by it applied to furnishing such pupils
with suitable clothing while in said institution.
8. To the Children's Aid Society the sum of ten thousand dollars
for the uses and purposes of said society.
And also the sum of thirty thousand dollars to be applied to the
care and education in the industrial schools of said city, of desti-
tute children not attending the common schools in the city of New
York.
And also the sum of thirty thousand dollars to be applied to
the support of the Boys' and Girls’ Lodging-houses of the said
Society.
9. To the Foundling Asylum of the Sisters of Charity, at the
rate of thirty-eight cents per day for each and every foundling or
infant received and maintained by them.
And also for each and every homeless and needy mother with a
nursing infant, who shall reside at the asylum by request of its
officers, and nurse her own infant, the sum of eighteen dollars per
month.
10. To the Nursery and Child's Hospital the sum of five dollars
per week for every destitute woman admitted into its lying-in
wards, according to the time of the said woman's continuing under
the care of the said institution, and the further sum of ten dollars
per month for each and every child born in the institution or sup-
ported and maintained by said institution, whenever it may be
necessary or expedient to place said child in the country, or, for
ANNUAL AIPPROPRIATIONS. 59
want of room in the institution, to find accommodation for it else-
where ; and also the sum of ten dollars per month for all children
received and retained in the Nursery and Child’s Hospital in the
city of New York, and in like proportion for any fraction of a year
for each and every destitute child which may be supported and
maintained in said institution.
11. To the New York Infant Asylum a sum of money at the rate
of thirty-eight cents per day, in monthly payments, for each and
every child received and maintained by said asylum ; a further sum ;
of twenty-five dollars for each homeless or needy mother who
receives care and attendance in the lying-in wards of the asylum ;
the further sum of eighteen dollars per month, and proportionately
for any fraction of a month, for each homeless or needy mother who
is domiciled in the asylum and attended at the birth of her child,
and resides at the asylum by the request of its officers, and wet-
nurses her own infant; and for each other homeless or needy
mother with a nursing infant who resides at the asylum by the
request of its officers and wet-nurses her own infant ; provided,
however, that in each case such residence must exceed the period
of two months, and that said monthly allowance shall not be paid
for a longer period than for one year for any mother so remaining.
12. To the Shepherd's Fold of the Protestant Episcopal Church
in the state of New York, the sum of five thousand dollars, to be
applied to the purposes and objects of said corporation.
13. To the New York Catholic Protectory, yearly, the sum of
One hundred and ten dollars per capita, on the average number of
persons annually maintained in its institution ; the average num-
ber of persons thus maintained shall be ascertained by the exami-
nation and testimony, under oath, of the president or secretary of
said society.
14. To the Hebrew Benevolent Society of the city of New York,
one hundred and ten dollars per annum, and proportionately for
any fraction of a year, for each orphan, half-orphan, and indigent
child committed or intrusted to its care in pursuance of the provis-
ions of law.
15. To the New York Juvenile Asylum, one hundred and ten
dollars per annum, and proportionately for any fraction of a year,
for each child which, by virtue and in pursuance of the provisions
of chapter three hundred and thirty-two of the laws of eighteen
hundred and fifty-one, as amended by laws of eighteen hundred and
fifty-eight, chapter forty-three, laws of eighteen hundred and sixty-
three, chapter ninety-four, and laws of eighteen hundred and sixty-
six, chapter two hundred and forty-five, shall be intrusted or com-
mitted to the said asylum, and shall be supported and instructed
therein.
16. To the Roman Catholic House of the Good Shepherd,
monthly payments at the rate of one hundred and ten dollars per
annum for each female between the ages of fourteen and twenty-
one, committed to it by any magistrate in accordance with chapter
four hundred and nine of the laws of eighteen hundred and sixty-
SeVe1). º
17. To the Magdalen Female Benevolent Asylum and Home for
Fallen Women, monthly payments at the rate of ome bundred and
ten dollars per annum for each female between the ages of fourteen
1865, ch. 106, $22,
a8 amended.
1876, ch. 213,
and 1877, ch. 9),
Comp. 1772.
Infant Asylum.
Homeless and
needy mothers,
provision for
maintenance of,
etC.
1871, ch. 269, $3,
Comp. 1765.
ºherd's
Fold.
1866, ch. 647, §1,
Comp. 1761.
1867. ch. 428, $1.
Comp. 1762.
Protectory.
1860, ch. 316, $4,
as amended.
1874, ch. 230, $1,
Comp. 1753.
Hebrew Society.
1851, ch. 332,528,
as amended
1858, ch. 43, §1.
1863, ch. 94, $1.
1866, ch. 245, $9.
Comp. 1746.
Juvenile
Asylum.
1867, ch. 409, §1,
Comp. 1411.
House of Good
Shepherd.
1867, ch. 409, $1,
Comp. 1411.
Magdalen
Asylum.
60 ANNUAL AI’I’IROIPRIATIONS.
1867, ch. 400, $1,
Comp. 1411.
House of
Mercy.
1880, ch. 597, §1,
House of
Industry.
1880, ch. 598, §3,
Association for
children.
1875, ch. 221, $4,
Comp. 176.
1875, ch.221,S$1,2
Comp. 175.
Annual aid and
Hupport of the
poor.
Payment to
charitable insti-
tutions.
Appropriations
to charitable
institutions.
Payment per
capita.
1880, ch.587,951,3
Board of esti-
mate, to a 1dit
charges against
city for cost, etc.
Amount to be
included in tax
levy.
and twenty-one years, committed to it by any magistrate in accord-
ance with said last-mentioned law.
18. To the Protestant Episcopal House of Mercy, monthly pay-
ments at the rate of one hundred and ten dollars per annum for each
female between the ages of fourteen and twenty-one years, coin-
mitted to it by any magistrate in accordance with said last-men-
tioned law.
19. To the Five Points House of Industry the sum of fifty-two
dollars per year for each and every orphan, half-orphan, and desti-
tute child, not exceeding two hundred children in any one year,
received and supported by said institution for each year, the
expense of whose support is not paid by private parties, and in the
same proportion for the part of a year.
20. To the Association for Befriending Children and Young
Girls, a per capita allowance of one dollar a week for each female
by it rescued, supported, instructed, and trained to useful employ-
ment.
21. Such other sum or sums as are, or may be by law, directed
to be raised and paid for charitable purposes, or to private or incor-
porated Societies, associations, asylums, hospitals, corporations,
institutions, protectories, homes or schools.
§ 195. The board of estimate and apportionment shall include
in their annual estimates such amounts as they may consider neces-
sary in aid and support of the poor, and appropriate and pay such
proportion thereof as they may deem necessary or proper to the
various charitable or reformatory institutions in said county, in aid
and support of the poor of such county, who are cared for or Sup-
ported in and by such institutions. No appropriation or payment
shall be made to any charitable institution by the board of esti-
mate and apportionment under this section except to institutions.
to which such board was, during the year eighteen hundred and
seventy-four, authorized to appropriate and pay moneys in aid and
support of the poor cared for or supported therein or thereby, nor
shall any payment be made to any such institution thereunder in
excess of the amount authorized to be paid to it by such board
during said year, except in cases where such payment has been
made to an institution, per capita, in which latter case no greater
amount shall be appropriated to it, per capita, than is authorized
to be made to such institution by existing laws.
§ 196. The board of estimate and apportionment is hereby
authorized and directed to audit and allow as charges against the
city the reasonable costs, counsel fees and expenses paid or incurred,
or which shall hereafter be paid or incurred, by any police commis-
sioner who shall be a successful party in any proceeding to remove
a police commissioner from office, or to review or prohibit any such
removal or to obtain possession of the office of police commis-
Sioner. The board of estimate and apportionment is hereby
authorized and directed to cause to be included in the taxes to be
levied and raised for the year following such audit upon the estate
subject to taxation in said city and county, an amount sufficient to
pay the revenue bonds directed to be issued by the said comptroller
in anticipation of the collection of the said taxes, with all interest
due or to become due thereon.
§ 197. The board of estimate and apportionment shall annually
ANNUAL AIPPIROPRIATIONS. 61
include in the estimate of the amounts necessary to pay the expen-lºsiſ,
ses of conducting the business of the department of public parks ſº, sí,
such sum or sums of money as shall, in the judgment and discretion ºnes.
of said board, be necessary to carry on the work of making maps of “d district.
the territory constituting the Twenty-third and Twenty-fourth
wards for the use of the department of taxes and assessments.
§ 198. In case of injury or damage to the New York and Brook- ſº
lyn bridge one-third of the necessary means to repair and restore jº".
the same shall be paid by the city of New York, and such sum shall, #."º";
if necessary, be raised by the issue of bonds. On the completion Comp, 1%.
of the New York and Brooklyn bridge, one-third of the income
derived from it shall be applied towards the payment of the prin-
cipal and interest of all bonds issued for its construction by the
city of New York.
$199. The amount raised by assessment pursuant to the pro- ;...";
visions of chapter one hundred and ninety-one of the laws of tº be provided
eighteen hundred and eighty shall be collected and paid into the city ".
treasury, and applied toward the payment of revenue bonds issued
under said chapter. If any deficiency shall arise from any cause,
and a sufficient amount shall not be realized from such assessment
to pay fifty thousand dollars of the revenue bonds issued pursuant
to said chapter, with the interest thereon, such deficiency shall be
provided for by the board of estimate and apportionment, § includ-
ing the same in the annual appropriation first made, after the
amount of such deficiency, if any, shall be ascertained.
§ 200. It shall be the duty of the board of estimate and appor- ºli; *.
tionment to fix the salaries to be paid to the clerks and other § ºn.
employees in the office of the commissioner of jurors, provided the º'"
total amount allowed for clerk hire and contingent and incidental
expenses shall not exceed six thousand dollars per annum ; and
said board shall annually include the amount so fixed in its final
estimate.
§ 201. It shall be the duty of said board from time to time as jº, sº
it may determine to fix the salary to be paid to the coroners' physi- §eºiy.
cians, but such salary shall not exceed the sum of three thousand **
dollars a year.
§ 202. The salaries of all officers paid from the city treasury jºsº,
whose offices existed on April thirtieth, eighteen hundred and sº
seventy-three, but are not embraced in any department, shall be º 238; 51
fixed by the board of estimate and apportionment. Such board ; ;sº
may, by a majority vote, reduce any such salaries, but shall not " " ``
increase the salary of any office the compensation of which then
exceeded three thousand dollars.
§ 203. The board of estimate and apportionment shall file with ...; $%
the final estimate during the month of December in each year a º,
schedule of the names of all persons not within a department º
employed under the city government, the designation of their jº".”
offices and employments respectively, and the salaries and com-
pensation fixed for each, wij said schedule shall be published in
the City Record.
§ 204. The board of estimate and apportionment may, at any §:
time, as occasion may require, by the affirmative vote of three º'.”
members, authorize the issue of any stocks or bonds for the purpose ſº
of withdrawing or taking up at maturity any stocks or bonds out-
62 TRANSFER OF APPROPRIATIONS.
Appropriations,
how transferred.
See 1874, ch.
308, $2.
Repeal of ger-
tain provisions.
Appropriation
for prevention
of contagious
diseases.
1881, ch. 246, $1.
Amount limited.
Proceeds of Bale
of 8chool build-
ings. how to be
applied.
1881, ch. 39, $2,
1874, ch. 308, $2,
Comp. 175.
Excess of appro-
priations may be
transferred,
Surplus may be
applied tile next
year.
standing ; but the said bonds or their proceeds shall be applied
exclusively to the payment, purchase, and extinction of such matur-
ing bonds in such manner that the aggregate of the stocks or bonds
of said city outstanding shall not be increased thereby for a longer
period than is necessary in effecting said change. The said board
of estimate and apportionment may, from time to time, by the affirma-
tive vote of three members, authorize the issue of the whole or any
portion of any stock or bonds which are now by law authorized to
be issued, upon compliance with the provisions of law authorizing
them. The said board of estimate and apportionment may, frcm
time to time, on the application of the head of any department,
authorize the transfer, from one bureau or purpose to another in
the same department, of any sum theretofore appropriated for the
purpose of such department or bureau. All provisions of law
enacted prior to April thirtieth, eighteen hundred and Seventy-three,
creating any board of apportionment and audit, or either, and
providing for and requiring an audit and allowance of claims by said
board, are repealed.
§ 205. For the prevention of dangers from contagious or infec-
tious diseases j to exist in any part of the city, or for the care
of persons exposed to danger from contagious or infectious diseases,
the board of estimate and apportionment may appropriate to the
use of the health department money in excess of the annual esti-
mate and appropriation for any year to the amount that shall be
declared necessary for such purpose by resolution of the board of
health ; not however to exceed in the aggregate the sum of fifty
thousand dollars in excess of such annual appropriation, and if any
sum or sums of money shall be so appropriated by said board of
estimate and apportionment in any year prior to the date of the
certificate of the comptroller to the board of aldermen of the aggre-
ate amount of the final estimate for such year, the amount thereof
shall be added to such final estimate and included in the tax levy
in Such year.
§ 206. The board of estimate and apportionment shall imme-
diately after its receipt appropriate to the board of education for
the purpose of purchasing property or erecting school buildings
for new schools, the establishment of which shall have been
authorized according to law, all moneys received from sales
made in pursuance of the provisions of section one hundred
and eighty-six.
§ 207. The board of estimate and apportionment shall have the
power at any time to transfer any appropriation for any year which
may be found, by the head of the department for which such appro-
priation shall have been made, to be in excess of the amount
required or deemed to be necessary for the purposes or objects
thereof, to such other purposes or objects for which the appropria-
tions are insufficient, or such as may require the same ; and if it is
found at the time when the estimate is made of the expenses of
conducting the public business for the next succeeding fiscal year,
that there will be a surplus or balance remaining unexpended of
any appropriation then existing at the end of the current fiscal
year, after allowing sufficient to satisfy all claims payable therefrom,
such surplus may be applied to like purpose in the next succeeding
year. Any balances of appropriations remaining ſº
APPROPRIATIONS OF EXCISE MONEYS. 63
after allowing sufficient to satisfy all claims payable therefrom, may
at any time, after the expiration of the year for which they were
made, be transferred by the comptroller, with the approval of said
board of estimate and apportionment, to the general fund of the
city, and applied to the reduction of taxation. But any balance of
any appropriation made for the purposes specified in section six
hundred and eighty shall remain applicable to such purposes and
be applied thereto whenever called for by the commissioners of
ublic parks.
§ 208. There shall be paid annually out of the excise moneys of
the city of New York, to the Home for Fallen and Friendless Girls
in ...? city, the sum of one hundred and fifty dollars, for the Sup-
port of every fallen and friendless girl received and supported by
said corporation in their Home for Fallen and Friendless Girls for
the year for which such payment shall be made, and a proportional
sum for a shorter period in the same year.
§ 209. The terms and conditions of all contracts for street sweep-
ing and cleaning, or for the collection of ashes and garbage, shall,
1873,ch.335,5112,
a8 amended.
1873, ch. 757,920,
Comp. 174.
1881, ch. 324, $2.
1873, ch. 8.8, $1.
Comp. 1789.
Home for girls.
1881, ch. 367, $6.
Street sweeping
contracts.
before they are entered into, be approved by the board of estimate.
and apportionment,
§ 210. Said board of estimate and apportionment is authorized,
from time to time, and in sums according to its discretion, by reso-
lution of said board, to appropriate all excise moneys derived b
the excise commissioners in said city from licenses for the sale of .
intoxicating liquors, to such benevolent or charitable institutions
in said city which shall gratuitously aid, support or assist the poor
thereof as may seem to said board deserving or proper, but no such
resolutions shall be valid unless adopted by a majority vote of all the
members of said board; and the comptroller shall draw his warrants
in favor of such institutions respectively mentioned in such resolu-
tions according to the tenor thereof, and the chamberlain shall pay
such warrants out of the said moneys received for licenses. The
term “poor” as used in this section shall only include persons who
would otherwise become a charge upon said city as foundlings,
orphans, and such prostituted or fallen women or juvenile delin-
quents as may be committed to or cared for gratuitously, in or by
any reformatory institution, protectory, or juvenile asylum, persons
who are supported, relieved, or cared for gratuitously in or by any
charitable institution for the care or relief of the ruptured or crip-
pled, the cure of hip or spinal diseases, the sick or the destitute,
friendless or infirm, including the children of volunteers dying in
the late civil war, and the care and instruction of idiots, the deaf
and dumb, the blind and the insane. No payments shall be made
in pursuance of this section, except as a per capita allowance for
the poor and destitute persons actually supported, treated, cared
for, or educated in the institutions referred to in this section, except
in the case of the American Female Guardian Society and Home for
the Friendless, the Children's Aid Society, and the Shepherd's Fold
of the Protestant Episcopal Church, which shall severally receive
only the same amounts as provided by other provisions of law.
§ 211. No appropriation or payment for the contesting of the
office of mayor, or any seat in the board of aldermen, or office in
any department, or the office of any officer whose salary is paid
from the city treasury, shall be made to any but the prevailing party.
1875, ch. : 3
5, 6, as amended
1875, ch. 410,
Comp. 177.
Excise moneys,
how appropria-
€(i.
Term “poor ‘’
defined.
Amounts paid.
1873.ch.335, S113,
Comp. 104.
In case of con-
test, appropria-
tion only to be
made to pre-
vailing party.
64 IEWYING TAXES,
Nor shall any such appropriation or payment be made to such pre-
vailing party, except upon the written certificates of the chief officer
of the law department and of the chief justice of the court of com-
mon pleas of the city and county of New York, as to the value of
Counsel to be the services rendered in the case. In case an officer or clerk is
assigned by law {º * d *
department." ordered to be examined, in pursuance of law, the corporation counsel
shall assign some one from his department as counsel to the officer
or clerk making the application ; but should such officer or clerk
see fit to employ other counsel than that assigned by the law depart-
ment, then, in that event, no appropriation or payment shall be
made for his or their payment, except upon a certificate of the jus-
tice or justices before whom the proceedings have been had that
there was probable cause for taking such proceedings.
Title 7–Levying Taaces.
1862, ch. 165, $2, § 212. It shall be the duty of the comptroller of said city to
§he prepare and submit to the board of aldermen at least four weeks
gº; before their annual meeting, in each and every year, for the purpose
383, $2. 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 current year, from all the
sources of revenue of said general fund, including surplus revenues
from the sinking fund available in accordance with law, other than
the surplus revenues of the sinking fund for the payment of the
* * * * city debt, and the said board of aldermen 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 cause 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.
§º $4, $213. It shall be the duty of the board or body authorized to levy
taxes to include in any and every ordinance or resolution passed by
them imposing and levying taxes for any purpose or purposes
authorized by law, 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 ſº for
deficiencies in the actual product of the amount imposed and levied
therefor. #
§º $ 214. The aggregate amount estimated by the board of estimate
iº and apportionment in its final estimate shall be certified hy the
jºnºi comptroller to the board of aldermen ; and it shall be the duty of
Imāte. said aldermen, and they are hereby empowered and directed
annually to cause to be raised, according to law, and collected by
tax upon the estates, real and personal, subject to taxation within
the city and county of New York, the amounts so estimated and
certified as aforesaid.
THE LAW DEPARTMENT, 65
CHAPTER WII.
THE LAW DEPARTMENT.
§ 215. The law department shall have the charge and conduct of
all the law business of the corporation and its departments, and of
all law business in which the city of New York shall be interested,
except as in this act otherwise provided ; the charge and conduct of
the legal proceedings necessary in widening, opening or altering
streets, and the preparation of all leases, deeds, and other legal
papers connected with any department. All contracts entered into
by the commissioner of street cleaning, in pursuance of sections
seven hundred and eight and seven hundred and nine, and all bonds
securing the same shall be approved as to form by the counsel for
the corporation. No officer or department, except as otherwise
specially provided, shall have or employ any attorney or counsel,
but it jali be the duty of the law department to furnish to every
department and officer such advice and legal assistance as counsel
or attorney, in or out of court, as may be required by such officer
or department; and for that purpose the counsel to the corporation
may assign an attorney to any department that he shall deem to
need the same ; he shall appoint the attorney for the collection of
personal taxes.
§ 216. There shall be two bureaus in this department, the chief
officer of one of which shall be called the corporation attorney, and
the chief officer of the other of which shall be called the public
administrator. Such chief officers shall not receive to their own
use any fees or emoluments in addition to their salaries, and they
shall pay into the treasury all costs and commissions received
by them from any source whatever; such payments shall be
made monthly, and shall be accompanied by a sworn state-
ment in such form as the comptroller shall prescribe, and such
statement, with a detailed list of costs, commissions, fines and
penalties collected, shall be published in the City Record monthly.
All actions to recover penalties for a violation of any law or ordi-
nance, except as otherwise specially provided, shall be brought in
the name of the mayor, aldermen, and commonalty of the city of
New York, and not in that of any department, and shall be con-
ducted by the corporation attorney, subject to the control of the
corporation counsel. All fees received in any such action shall be
paid into the treasury of the city, except as otherwise specially
provided. The counsel to the corporation shall, once in three
months, report to the comptroller the names of parties to, and the
object of, all suits pending in his department, when commenced and
the number decided or ended, and in what manner, during the past
three months.
§ 217. Before entering upon the duties of his office, any person
appointed to the office of public administrator 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 partic-
1873, ch. 335,536,
Comp. 235.
Law department
business of.
11 Abb, C6; 5 id,
325; 5 Hun, 237.
1881, ch. 367, $7.
1873, ch. 335, $28,
Comp. 75, 76.
Bureaus,
Chief officers of,
not to receive
fees to their
OWIl U Se.
Counsel to the
corporation to
report to comp-
troller.
Rev. Stat. part
2, ch. 6, tit. 6,
art. 1, $2,
Comp 236.
Oath and bond.
5
66 THE PUBLIC ADMINISTRATOR.
2 R. S. ch. 6, tit
6, art. 1, $3,
Comp. 236.
Commissions
# n I salary.
Iºl. $4,
Comp. 237.
His authority.
2 John. Ch. 403.
Id. $5.
Id. §§6, 7,
Order of Furro-
gate, when noc-
e88ary.
ularly that he will account for and pay over all moneys and prop-
erty that may come to his hands as such administrator, according
to law.
§ 218. The public administrator shall retain a commission, over
and above all expenses, upon all moneys that shall come 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. *
§ 219. In the right of his office, the public administrator shall
have authority to collect and take charge of the goods, chattels,
personal estate, and debts of persons dying intestate, and for that
purpose to maintain such suits as public administrator, as any
executor might by law, in the following cases:
1. Whenever any person shall die intestate, either within 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 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 intes-
tate 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.
§ 220. But the last section shall not confer on the public admin-
istrator any authority in respect to the estate of any person not a
citizen of this state, dying outside of this state, or on board of any
foreign vessel within the i. 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.
§ 221. Whenever there shall be any widow, or next of kin 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 to take
THE PUBLIC AIOMINTSTRATOR. - 67
charge thereof. Such order may be granted by the surrogate, upon
the 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.
§ 222. Whenever, in any of the cases in which the public admin-
When order to
be granted.
2 R.S. ch. 6,
title 6, art. 1,
istrator is authorized to take charge of the effects of any intestate, ; ;
any goods, chattels, credits, or effects of the deceased, or of which
he had possession at the time of his death, or within 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,
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. If the surrogate
be absent from the city, such application for a Subpoena may be
made to any justice of the Supreme court, to the first judge of the
court of common pleas of the said city and county, or to the
recorder of 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.
§ 223. Such subpoena shall be served in the same manner as 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. Upon the appearance
of any person so subpoenaed before such surrogate or other officer,
he shall be sworn truly 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.
§ 224. If, upon any inquiry, it shall appear to the officer conduct-
ing the same, that any effects of the deceased are concealed or with-
held, and the person having possession of such property shall not
give the security herein specified, for the delivery of the same, such
officer shall issue his warrant, directed to the sheriff, marshals, and
constables of the city or county, where such effects may be, com-
manding them to search for and seize the said effects, and for that
purpose, if necessary, to break open any house in the day time, 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
Comp. 238.
Subpoena to dig-
cover concealed
effect3.
Id. §§10, 11.
How served and
enforced.
Examination of
Witness.
Id. §§12,13.
Warrant, when
to issue.
3 Bradf. 244.
of a court of record. But such warrant shall not be issued to seize any Bond to stay
property, if the person in whose possession such property may be,
or any one in his behalf, shall execute a bond, with such sureties,
Warrant.
(58 THIE I?UBI,IC ADMINISTRATOR.
2 R.S. ch. 6,
tit. 6, art. 1, $14,
Comp. 239.
1863, ch. 358,527,
as amended
1869, ch. 592, $5,
Comp, 246.
Duty of health
Officer in CCr-
tain CaSes.
[d. $15.
Perishable prop-
on ty.
Id. §§16, 17.
Notice, when to
be given.
1 Bărb. ch. 302.
How served and
published.
Id. §§18, 19, 20.
Comp. 240.
Granting of
letters may be
contested.
When executor,
widow, or rela-
tive entitled to
letters.
and in such penalty as shall be approved by the surrogate, or other
officer acting in his place, to the public administrator, conditioned
that such obligors will account for and pay to the said public
tadministrator the full value of the property so claimed and with-
held (and which shall be enumerated in the said condition), when-
ever 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.
§ 225. Whenever any effects of a deceased person, of which the
public administrator is authorized to take charge, shall be at 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, his assist-
ants or deputies, whichever shall be present, to secure the said
effects from waste and embezzlement, and to make a true inventory
thereof, and when the rightful claimants of such effects do not
appear within three months, to deliver the same, with such inven-
tory, to the public administrator, and immediately to give infor-
mation of such effects 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.
§ 226. If any property taken into the charge of the public admin-
istrator 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, which shall be granted on due proof of the fact.
§ 227. If the property of any intestate of which the public admin-
istrator is authorized to take charge shall exceed in value the sum
of one hundred dollars, he shall immediately give notice of his
intention to apply to the surrogate for letters of administration
upon the estate of such intestate, specifying the time and place
when such application will be made. Such notice shall be served
personally on the widow and the relatives of the intestate entitled
to any share in his estate, if there be any to be found in the city, 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 each week, for four weeks, in some newspaper printed
in the city.
§ 228. At the time specified in such notice, any person inter-
ested in the estate of the deceased may appear and contest the
granting of letters of administration to the public administrator,
and shall be entitled to subpoena to compel the attendance of wit-
nesses on such hearing. If it shall appear that the deceased has
left any will of his personal property, by which any executor is
appointed who is competent and qualified according to law to take
upon 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
THE PUBLIC AIDMINISTIRATOR. 69
other cases. Upon such letters testamentary or letters of admin-
istration being granted, all control and authority of the public
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.
§ 229. The expenses incurred by the public administrator, in all
necessary measures for securing and guarding the effects of the
deceased from waste and embezzlement, of serving and publishing the
notice aforesaid, and of obtaining any necessary order from the surro-
gate, 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 resi-
due thereof shall be delivered by him to the executor or adminis-
trator 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. If there shall be no moneys or effects
Effect, of such
ettel'S.
2 R.S. ch. 6, tit.
6, art. 1, §§21,22.
Previous ox-
penses to be
paid.
of the deceased in the hands of the public administrator to pay
such expenses, the same, after being allowed and taxed, shall be
aid 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.
§ 230. If no executor be allowed, and no letters testamentary or
of administration be granted by the surrogate to any other person,
at the time specified for hearing the application, or at such other
times as shall have been appointed, then, unless it appear that let-
ters 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, briefly stating that the adminis-
tration 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 con-
clusive evidence of the authority of said public administrator in all
cases in which he is authorized by law to act.
§ 231. If the property of any intestate, of which the public
administrator is authorized to take charge, be worth a sum not
exceeding one hundred dollars, he shall 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. 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.
§ 232. If, at the time appointed in such notice, no claim to 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 an affidavit, stating the value of the
property and effects of the deceased, the service and publication
Id. $23.
Letters when to
be granted to
public adminis-
trator.
Id. §§24,25.
Comp. 241.
IHOW served.
Id. §§26, 27,
Affidavit, etc.
70 THE PUIBLIC ADMINISTRATOR.
Effect of filing
affidavit.
2 R. S. ch. 6, tit.
6, art. 1, $28.
Powers of ad-
ministrator be-
fore letters, etc.
Id. §29.
Notice to be
given to foreign
consuls.
Id. §30.
Comp. 242.
Assets to be de-
livered to law-
ful executor, etc.
Id. $31.
Powers of pub-
lic administra-
tor, when super-
seded.
1 Barb. Ch. 302.
Id. $32,
1 Barb. Ch. 302.
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. Upon filing such affi-
davit, the public administrator shall be vested with all the rights
and powers, and be 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 certi-
fied 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 acqording to law.
§ 233. Until letters of administration shall be granted to the
public administrator, or until all affidavit shall be filed by 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 hereinbefore authorized, to
sell such of them as shall be perishable, and to defray the expenses
..of such proceedings, and of serving and publishing notices, and of
taking out letters of administration.
§ 234. Whenever the deceased, of whose estate the public admin-
istrator is authorized to take charge, shall be a foreigner, 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, 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.
§ 235. If any lawful executor or administrator shall appear to
claim the effects of the deceased, at any time before the public
administrator becomes vested with the power of administering such
effects, he shall, on producing the letters testamentary or of admin-
istration be entitled to receive the goods and effects of the
deceased in the hands of the public administrator, after deducting
the charges specified in section two hundred and twenty-nine
hereof, to be allowed and taxed by the surrogate as therein directed.
§ 236. The powers and authority of the public administrator, in
relation to the estate of any deceased person, shall be superseded
in the three following cases:
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 pow-
ers of an administrator upon such estate.
§ 237. If any relative of deceased entitled to administration 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 PUBLIC ADMINISTRATOR. 71
the surrogate of New York for letters of administration, the same
shall be granted to him, upon proof to the surrogate that the appli-
cant did not reside in the city at the time of the death of the intes-
tate ; or that, residing in the said city, no notice was served on him
as herein required. É. notice being given to the public admin-
istrator of the granting of 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 commis-
sions on the moneys received by him, at the rate hereinbefore al-
lowed, and the expenses incurred by him in section two hundred
and twenty-nine hereof, to be allowed and taxed as therein directed.
§ 238. No suit that shall have been commenced by the 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.
§ 239. Whenever the public administrator shall become vested
with the right of administering upon any estate as 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.
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 news-
paper 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 incorpo-
rated company, unless for the payment of debts, and on the order
of the surogate, to be duly entered in his records.
6. 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.
7. 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 adminstrators; and like
them, may refer all disputes respecting such demands.
9. One year after he shall become vested with the right of
administering upon any estate, he shall account on oath to the sur-
rogate for all the assets of such estate received by him, and for the
2 R.S. ch. 6, tit,
6, art. 1, $33.
A88ets to be
delivered.
Id. §34.
Suits not to
abate.
2 Edw. 499.
Id. §35.
Comp. 243.
Rights, powers
and duties of
public adminis-
trator.
72 THE I’UBLIC ADMINISTIRATOIR.
2 R.S. ch. 6, tit.
6, art. 1, $$36,37,
Čomp. 244.
Deposit of
money8.
See 1873, ch.
335, §35.
How drawn Out.
Id. $28.
Advances to
relative3.
Id. §§39, 40.
Annual account
of public ad-
ministrator.
application thereof; and the same proceedings may be had to
compel such account as are provided by law in the case of admin-
istrators.
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 .# and the comptroller of the city, 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 money remaining in his hands on the
adjustment of his accounts, shall be paid into the treasury of the
city; 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.
§ 240. The public administrator shall deposit all moneys by him
collected and received, within two days after the receipt there-
of, in the bank designated in pursuance of law, to the Joint credit
of himself and the comptroller of the city, excepting so much as
may be necessary to pay the current expenses of any proceedings
authorized by law, which shall be allowed by the surrogate, and
shall not exceed twenty dollars in any one case. 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.
§ 241. The public administrator may at any time advance 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.
§ 242. The public administrator shall exhibit to the board of
aldermen, on the first day of January in each year, or within four-
teen 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
THIE [’UI3LIC AIDMINISTIRATOI&. 73
&
shall have administered on any estate during the preceding year,
with the name of the deceased, his addition, the place of his resi-
dence 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. The public administrator shall
cause the said statement to be published for three weeks, daily, in
a newspaper in the city, 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.
$ 243. If any public administrator shall neglect to render or to
publish such statement, as hereinbefore 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 for-
feit his office, and be thereafter incapable of being appointed to the
S8,100 €.
§ 244. The mayor, aldermen, and commonalty 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. The said corporation shall
also be answerable for all stock transferred by the public adminis-
trator, and the dividends 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 commis-
sions 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.
§ 245. Whenever the public administrator shall resign, or be
removed from his office, he shall immediately deliver over all
papers, money, and effects in his hands to his successor; and in
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.
§ 246. Every person keeping a hotel, or boarding or lodging-
house in the city, shall report in writing to the public administra-
tor the name of every person not a member of his family who shall
die in his or her house, within twelve hours after such death ; and
every coroner, within twelve hours after an inquest, shall report to
the public administrator the name, if known, of the deceased person.
Every undertaker shall also report to the public administrator
within twelve hours after burial by him, any deceased person
having no next of kin known to him to be entitled to administer,
the name and residence of such deceased person. Whoever shall
neglect to comply with this provision shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be punishable by
imprisonment in the penitentiary for a period not exceeding six
months nor less than one month, or by a fine of one hundred
dollars, one moiety of which shall be given to the informer and the
other moiety paid into the city treasury.
To be published.
2 R. S. ch. 6, tit.
6, art. 1, $41,
Comp. 245.
Penalty for
omissions.
42 N.Y. 251;
Hun, 232.
Id. §§42, 43.
Responsibility
of corporation,
4 Sand, 1 ; 42
N. Y. 254: 56
How. 178 Id.
2 Sand, ch, 173.
Id. $44.
Papers, etc., to
be delivered to
SUlCCé$8Or.
Id. §45,
as amended.
1866, ch. 802.
Report of deaths
in hotels, etc.
74 THE POLICE DEPARTMENT.
2 R.S. ch. 6, tit.
6, art. 1, $46,
Čomp. 246.
Penalty for
neglect, when to
be recovered.
1880, ch. 8, §§1,
2, 3
Bond or other
security may be
executed by
comptroller.
Bonds, “tc.,
legalized.
Not to affect.
.# POWI-
Sions of law.
1867, ch. 334, $2,
Comp. 585,
His bond.
1873, ch, 335,541,
§§ 249.
Id. §50.
Comp. 252.
Rules, etc., en-
actment modifl-
Cation and
repeal of.
1873, ch. 335,548,
Comp. 251.
Board of police
may issue sub-
poenas, examine
witnesses, etc.
§ 247. The public administrator shall cause a copy of the last
section to be left at every boarding and lodging house in the city,
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.
§ 248. In all actions or proceedings, in either the state or United
States courts, in which the mayor, aldermen, and commonalty, or
any department thereof, shall be a party, wherever an undertaking,
bond, security, or stipulation is required as a condition to the
obtaining of any legal remedy or process, the perfecting of an
appeal or the stay of execution, or other writ in the nature thereof,
such undertaking, bond, or stipulation may be executed on behalf
of the mayor, aldermen, and commonalty by the comptroller, upon
the advice of the counsel to the corporation that the same should
be executed, and in such form as he may approve ; or security may
be given in such manner and form as the said counsel to the cor-
poration may advise. Any such bond, undertaking, or stipulation
executed since the first day of January, one thousand eight hundred
and eighty, shall have the same force and effect as if executed sub-
sequent to the passage of this act. This section shall not affect any
existing provision of law authorizing municipal corporations to stay
the execution of a judgment, or Order appealed from without an
undertaking or other security.
§ 249. The attorney for the collection of arrears of personal
taxes shall, before entering upon the duties of his office, execute a
bond to the mayor, aldermen, and commonalty, with one or more
sureties, to be approved by the mayor, comptroller, or counsel to
the corporation, in the penal sum of ten thousand dollars, condi-
tioned for the faithful performance of the duties of his office, and
the payment over of all taxes collected by him, which bond shall
be filed in the comptroller's office.
CHAPTER VIII.
|POLICE I) EPARTMENT.
§ 250. The government and discipline of the police department
shall be such as the board of police may from time to time, by rules
and regulations, prescribe. The board are empowered, in their
discretion, to enact, modify, and repeal, from time to time, orders,
rules, and regulations of general discipline of the subordinates
under their control, but in strict conformity to the provisions of
this chapter.
§ 251. The board of police shall have power to issue subpoenas,
tested in the name of its president, to compel the attendance of wit-
nesses upon any proceedings authorized by its rules and regula-
tions. Each commissioner of police, the superintendent thereof,
and the chief clerk and deputy thereof, are hereby authorized and
empowered to administer affirmations and oaths to any person sum-
moned and appearing in any matter or proceeding, authorized as
DOWERS OF POLICE BOARD. 75
aforesaid, and in all matters pertaining to the department or the
duties of any officer, or to take any depositions necessary to be
made under the orders, rules, and regulations of the board of police,
or for the purposes of this chapter. Any person making a com-
plaint that a felony or misdemeanor has been committed, may be
required to make affirmation or oath thereto, and for this purpose
the inspectors, captains and sergeants of police shall have power to
administer affirmations and oaths. Any willful or corrupt false
swearing, by any witness or person, to any material fact in any
necessary proceeding under the said orders, rules, and regulations,
or under this chapter, shall be deemed perjury, and punished in the
manner now prescribed by law for such offense.
§ 252. The board of police shall at all times cause the Ordinances
of the city of New York, not in conflict with law, to be properly
enforced. And it shall be the duty of said board at all times,
whenever consistent with the rules and regulations of the board,
and with the requirements of this chapter, to furnish all informa-
tion desired.
§ 253. The board of police shall provide suitable accommoda-
tions for the detention of witnesses who are unable to furnish
security for their appearance in criminal proceedings, to be called
the house for the detention of witnesses; and such accommoda-
tion shall be in premises other than those employed for the con-
finement of persons charged with crime, fraud, or disorderly con-
duct, and be in command of a sergeant of police. And it shall be
the duty of all magistrates, when committing witnesses in default
of bail, to commit them to such house of detention of witnesses
now or hereafter to be used for such purpose.
§ 254. The board of police may, with the authority and approval
of the mayor and common council from time to time, but with
special reference to locating the same as centrally in precincts as
possible, establish, provide, and furnish stations and station-houses,
or sub-stations, and sub-station houses, at least one to each pre-
cinct, for the accommodation thereat of members of the police
force, and as places of temporary detention for persons arrested
and property taken within the precinct; and shall also provide and
furnish such business accommodations, apparatus, and articles, and
provide for the care thereof, as shall be necessary for the depart-
ment of police and the transaction of the business of the depart-
ment.
§ 255. The board of police shall have power to erect, operate,
Supply and maintain, under the general laws of the state relating
to telegraphs, all such lines of telegraph to and between such places
in the city as for the purposes and business of the police the board
shall deem necessary. Said board may procure and control all instru-
ments, fixtures, property, and materials procured for the purpose
above mentioned, but the cost thereof shall be chargeable to gene-
ral expenses of police. The board of police is hereby permitted to
use the said telegraph lines to aid them in facilitating the opera-
tions of the department of health, and when so used the expense
thereof shall be charged to the said department of health.
§ 256. In the performance of police service in any precinct or {
precincts comprising waters of the harbor, the board of police may
procure and use and employ such row-boats and steamboats as
1864, ch. 403,370,
Comp. 262.
Enforcement Of
ordinances.
1873, ch. 335,554,
Comp. 252.
Accommoda-
tions for deten-
tion of witness-
e8, etc.
1873, ch. 335,549,
Comp. 351.
Station houses,
etc., establish-
ment of.
1867, ch. 956, $21,
Comp. 268.
Telegraphs for
police purposes.
1867, ch. 806, §11,
Omp. 263.
Powers of police
to employ row-
boats.
76 POWERS OF POLICE BOARTD.
See 1873, ch.
335, $92,
Comp. 92.
1873. ch. 538,918,
Comp. 1403.
Board of police
to have expe
rjenced person
attend courtH.
1867, ch. 806, $8,
Comp. 263.
See 1873, ch.
3 3.2, $49.
1457. ch. 806, $7,
Comp. 262.
1872, ch. 675, $7,
Comp. 709.
To appoint a
Chief of the bu-
reau of elections
Term of Offige
and salary.
Removable for
(‘ā II86.
As ſo clections.
1866, ch. 74, $17,
Comp. 434.
Police board to
advise health
board of danger.
See 41, N.Y.
Supr. 323.
1867, ch. 956,921,
Comp. 268.
shall be deemed necessary and proper. In rural or sparsely inhab-
ited precincts they may establish a mounted patrol, and procure
and use and employ so many horses and equipments as shall be
requisite for the purpose; and they may procure and cause to be
used any teams and vehicles required to transport prisoners, Sup-
plies and property, whenever it shall be proper and economical to
do so; and may sell and dispose of in accordance with law any per-
sonal property owned or used in the department whenever it shall
have become old and unfit, and not required for service, and they
shall have authority to detail and employ patrolmen in any duty or
service other than patrol duty, which may be necessary and proper
to enable said board to exercise the powers and perform the duties
and business imposed and required by law.
§ 257. It shall be the duty of the board of police to cause some
intelligent and experienced person connected with the police force
to attend at the police courts in cases where there is need of such
assistance, who shall, to such extent as the rules of the board of
police justices may reasonably require, aid in bringing the facts
before the police justices in proceedings pending in such police
Courts.
§ 258. It shall be the duty of the board of police, and said board
is hereby empowered to provide for the lodging of vagrant and
indigent persons.
§ 259. The board of police shall have authority to offer rewards
to induce all classes of persons to give information which shall lead
to the detection, arrest, and conviction of persons guilty of homi-
cides, arsons, or receiving stolen goods, knowing them to be stolen ;
and to pay such rewards to such persons as shall give such informa-
tion.
§ 260. It is hereby made the duty of the board of police to con-
tinue the bureau in the office of the department of police, known
and designated as the bureau of elections. The affairs of said
bureau shall, under and subject to such rules, regulations and
orders, as may from time to time be made and adopted by said
board of police, be managed, conducted, and carried on by a suitable
and proper person, chosen and selected by said board, who shall be
known as the chief of the bureau of elections, shall hold office for
the period of three years, and whose salary shall be fixed and paid
by said board, at such sum as they shall deem proper, not exceeding
five thousand dollars, and shall be removable by the board of police
for cause. It shall be the duty of the board of police to perform
all the duties imposed upon them in sections eighteen hundred and
forty-five, eighteen hundred and forty-six, eighteen hundred and
forty-seven, eighteen hundred and fifty, eighteen hundred and fifty-
two, eighteen hundred and fifty-three and eighteen hundred and
seventy-three.
§ 261. It shall be the duty of the board of police (and of its
officers and men, as said board shall direct), to properly advise the
board of health of all threatened danger to human life or health,
and of all matters thought to demand its attention, and to regularly
report to said board of health all violations of its rules and ordi-
nances, and of the health laws and all useful sanitary information.
Said boards shall, so far as practicable and appropriate, co-operate
for the promotion of the public health and the safety of human life
THE POTLICE FORCE. 77
in said city. It shall be the duty of said board of police, by and ſºlº
through its proper officers, agents, and men, to faithfully and at the memºrian.
proper time enforce and execute the sanitary rules and regulations, """
and the orders of said board of health (made pursuant to the power
of said board of health), upon the same being received in writing
and duly authenticated as said board of health may direct. Said
board of police is authorized to employ and use the appropriate
persons and means, and to make the necessary and appropriate ex-
penditures for the execution and enforcement of said rules, orders,
and regulations, and such expenditures, so far as the same may not
be refunded or compensated by the means herein elsewhere provided,
shall be paid as the other expenses of said board of health are
paid. In and about the execution of any order of the board of
health or of the board of police made pursuant thereto, police
officers and policemen shall have as ample power and authority as
when obeying any order of or law applicable to the board of police,
or as if acting under a special warrant of a justice or judge, duly
issued; but for their conduct they shall be responsible to the board
of police and not to the board of health. The board of health may, jºis
with the consent of the board of police, impose any portion of the “”
duties of subordinates in said department upon subordinates in the
olice department. -
§ 262. The police department, through its treasurer, and in pur-ſº
suance of the orders, rules, and regulations of the board, shall pay ºf
all salaries and wages to the officers and members of the police “”
department and force, as established by and in pursuance of law,
and all bills, claims, and obligations lawfully incurred by or by
authority of said board ; and the comptroller shall pay over to the
treasurer of police, on the requisition of the board of police, the
total amount annually estimated, levied, raised, and appropriated
for the support and maintenance of the police department and force,
from time to time, and in such sums as shall be required (not exceed-
ing one-twelfth part of said total annual amount in any one
month), and the treasurer of police, if required by the comptroller,
shall transmit to the department of finance, each month, duplicate
vouchers for the payment of all sums of money made on account of
the police department during each month. The board of police Books, etc.
shall procure and pay for all printing, books, blanks, paper, and
other articles of stationery required for the administration and
business of the department and each bureau thereof.
§ 263. Any one of the commissioners, or any member of the ...; 3%
* .* as amended
police force, who shall, after qualifying in office, accept any addi- ſº, is
tional place of public trust, or civil emolument, or who shall during Kºść of
his term of office be publicly nominated for any office elective by jº,
the people, and shall not within ten days succeeding the same vacate office.
publicly decline the said nomination, shall be in either case deemed
thereby to have resigned his commission and to have vacated his
office, and all votes cast at any election for any person holding the
office of police commissioner, or within thirty days after he shall
have resigned such office, shall be void.
$264. The commissioners of police shall annually, or as often as tº
a vacancy shall occur, elect one of their number to act as the presi; ºfte: of the
dent of the board of police. He shall preside at the meetings of jää.”
the board. They shall select one of their number to be the treas- #er.
78 THE POLICE FORCE.
1873, ch. 335,557,
Comp. 253.
Tréâgurer to
give bond.
1873, ch, 755, $1,
Comp. 256.
1873. ch. 335,940,
Cornp. 249.
Police force, of
whom to COn-
8í8t.
See 1873, ch.
335, #40.
Increage of.
1864, ch. 403,518,
Cornp. 259.
ſ873, ch. 335,968,
Comp. 255.
Designating
person to act in
case of illness
etc., of guperin-
tendent.
1873, ch. 325,360,
Comp. 253.
Police Burgeon 8”
duties and jig-
tricts.
1867, ch. 956,321,
Comp. 268.
1873, ch. 335,344,
Comp. 250.
Qualifications
for membership.
See 1873, ch.
755, $2.
1873, ch. 755, $3,
Cornp. 257.
72 N.Y. 415.
urer of police. He shall be the fiscal officer of the police. He
shall, on check and voucher, duly disburse, by order of the said
police board, all moneys belonging to the police fund, and shall
deposit the same, when paid to him, in a bank or banks designated
by said board. The treasurer shall give a bond, with two sureties,
in the sum of twenty thousand dollars each, for the faithful per-
formance of his duties; said bond to be approved by the comp-
troller and filed in his office.
§ 265. The police force shall consist of one superintendent of
police, four inspectors of police ; captains of police, not exceeding
in number one to each fifty of the total number of patrolmen ;
sergeants of police, not exceeding four in number to each fifty of the
total number of patrolmen ; doormen of police, not exceeding two
in number to each fifty of the total number of patrolmen ; not
exceeding twenty-two surgeons of police, one of whom shall be
designated as chief surgeon ; and patrolmen to the number of two
thousand three hundred. The board of police shall have power to
increase the police force by adding to the number of patrolmen
from time to time, as far as the funds appropriated allow, but such
increase shall not exceed one hundred in any one year.
§ 266. Whenever a vacancy shall occur in the office of superin-
tendent of police, and in the absence or disability of the said
Superintendent, the president shall possess all the powers and per-
form all the duties of that office, subject to the orders, rules, and
regulations of the board of police. But the commissioners of
police may, by resolution, designate such other officer of the police
force as they may choose to execute and perform the duties of the
superintendent during the period of such absence or disability.
§ 267. The duties of the police surgeons, and the extent and
bounds of their districts, shall be assigned, from time to time, by
the rules and regulations of the i. of police. The board of
police may, if requested by the board of health, employ their sur-
geons to aid the sanitary inspectors in the discharge of their duties,
under such regulations and order as the board of police may make
and issue.
§ 268. No person shall ever be appointed to membership in the
police force, or continue to hold membership therein, who is not a
citizen of the United States, or who has ever been convicted of
crime, or who cannot read and write understandingly in the English
language, or who shall not have resided within the state one year,
but skilled officers of experience may be appointed for detective
duty who have not resided as herein required. No person shall be
appointed patrolman who shall be at the date of such appointment
over thirty years of age, or who shall have been convicted of any
crime; nor shall any person who shall have been a member of the
force and resigned, or been dismissed therefrom be reappointed,
except by the concurring vote of all the commissioners comprising the
board, to be taken by yeas and nays, and recorded in the
minutes. The name, residence, and occupation of each applicant
for appointment to any position in the police department, as well
as the name, residence, and occupation of each person appointed
to any position, shall be published, and such publication shall, in
every instance, be made on the Saturday next succeeding such
application or appointment in the City Record.
THE POLICE FORCE. 79
§ 269. The board of police may, upon an emergency or appre-
hension of riot, tumult, mob, insurrection, pestilence, or invasion,
appoint as many special patrolmen without pay from among the
citizens as it may deem desirable. The board of police, with the
approbation in writing of the mayor, or, in case of their disagree-
ment, the governor, may, under similar circumstances, demand the
assistance of the military of the first division, or of any brigade,
regiment, or company thereof, by order in writing, served upon the
commanding officer of such division, and such commanding officer
shall obey such order. Special patrolmen, appointed in pursuance
of law, may be dismissed by resolution of the board ; and while
acting as such special patrolmen shall possess the powers, perform
the duties, and be subject to the orders, rules, and regulations of
the board, in the same manner as regular patrolmen. Every such
special patrolman shall wear a badge, to be prescribed and furnished
by the board of police.
§ 270. Every member of the police force shall have issued to
him, by the board of police, a proper warrant of appointment, signed
by the president of said board and chief clerk or first deputy, which
warrant shall contain the date of his appointment and his rank.
Each member of the police force shall, before entering upon the
duties of his office, take an oath of office, and subscribe the same
before any officer of the police department who is empowered to
administer an oath.
§ 271. Promotions of officers and members of the police force
shall be made by the board only on grounds of meritorious
police service and superior capacity, and shall be as follows:
Sergeants of police shall be selected from among patrolmen assigned
to duty as roundsmen ; captains from among Sergeants; and in-
spectors from among captains. -
§ 272. The ºf of police shall have power, in its discretion, on
conviction of a member of the force of any legal offense or neglect
of duty, or violation of rules, or neglect or disobedience of orders,
or absence without leave, or any conduct injurious to the public
peace or welfare, or immoral conduct, or conduct unbecoming an
officer, or other breach of discipline, to punish the offending party
by reprimand, forfeiting and withholding pay for a specified time,
or dismissal from the force ; but no more than thirty days’ pay
shall be forfeited for any offense. All such fines shall be paid
forthwith to the treasurer of the department to the account of the
police life insurance fund. Members of the police force shall be
removable only after written charges shall have been preferred
against them, and after the charges have been publicly examined
into, upon such reasonable notice to the person charged, and in
such manner of examination as the rules and regulations of the
board of police may prescribe.
§ 273. No member of the police force, under penalty of forfeiting
the salary or pay which may be due to him, shall withdraw or resign,
except by permission of the board of police. Unexplained absence,
without jº, of any member of the police force, for five days, shall
be deemed and held to be a resignation, and the member so absent, 6
shall, at the expiration of said period, cease to be a member of the
police force.
§ 274. Every person connected with the police department on
1873, ch. 335,345,
Comp. 250.
8pecial patrol-
II, 6:11,
Military assig-
tance.
1873, ch. 755, $4,
Comp. 257.
Qualifications of
policemen.
1873, ch. 335,346,
Comp. 251.
1873, ch. 335,556,
Comp. 253.
Warrants of ap-
pointment.
Id. $57.
official oath.
1873, ch. 755, $2,
Comp. 256.
1873, ch. 335,955,
Comp 253.
Dismissals, etc.,
from police
force.
72 N.Y. 415; 20,
Hun, 333, 402.
1873, ch, 332,841,
Comp. 250.
67 N.Y. 475.
1873, ch. 335,947,
Comp. 251.
Resignations,
etc.
See 1873, ch.
755, $4.
1873, ch. 765, §5,
omp. 257.
80 POWERS OF MEMBERS OF POLICE FORCE,
1873, ch. 325,543,
Comp. 250.
1873, ch. 755, $2,
Comp. 256,
Present force
and pay coil-
tinued.
75 N.Y. 38; 17
Hum, 286; 77 N.
Y. 347".
1873, ch. 335, $53,
Comp. 252.
Exemption from
jury and mili-
tary duty.
1864, ch. 403,364,
Comp. 262.
Members not to
receive gifts.
65.
Authority to
take rewards.
1864, ch. 403, S30,
Comp. 259.
Arrests without
Warrant.
1873, ch. 335, $51,
Comp. 252.
General powers
of police force.
1866, ch. 74, $14,
Comp, 432
Arrest for viola-
tions of act. -
Violations of
act, misdemea-
I\OP8.
1864, ch. 403,936,
Comp. 260.
Returns of
arrest8.
the thirtieth day of April, eighteen hundred and seventy-three, and
who remains so connected shall continue in office, and the amount
of Salary or compensation then legally paid to such person, except
as in this act otherwise provided or authorized, shall be the salary
and compensation fixed for his office ; but the commissioners Inay
fix the salary and compensation of such clerks and employees other
than policemen whom they may be authorized by law to employ.
§ 275. No person holding office under this department shall be
liable to military or jury duty, and no officer or patrolman while
actually on duty shall be liable to arrest on civil process, or to
service of subpoena from civil courts. -
§ 276. No member of the board of police, under any pretense
whatsoever, shall, for his own benefit, share in any present, fee,
gift, or emolument for police services, additional to his regular
salary or compensation. The board of police, for meritorious and
extraordinary services rendered by any member of the police force
in 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 from the
police for any member thereof to receive any such reward or present
without notice thereof to the board of 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.
§ 277. The several members of the police force shall have power
and authority to immediately arrest, without warrant, and to take
into custody, any person who shall commit, or threaten, or attempt
to commit, in the presence of such 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. The members of the
police force shall possess, in the city of New York and in every
part of this state, all the common law and statutory powers of
constables, except for the service of civil process, and any warrant
for search or arrest, issued by any magistrate of this state, may be
executed, in any part thereof, by any member of the police force,
and all the provisions of sections seven, eight, and nine of chapter
two, title two, part four of the revised statutes, in relation to the
giving and taking of bail, shall apply to this chapter.
§ 278. Any member of the police force, as the regulations of
said boards may provide, may arrest any person who shall, in view
of such member, violate or do, or be engaged in doing or commit-
ting in said city, any act or thing forbidden by chapter twelve of
this act, or by any law or ordinance, the authority conferred by
which is given to the board of health, or who shall, in such pres-
ence, resist or be engaged in resisting the enforcement of any of the
Orders of said board, or of the board of police pursuant thereto.
And any person so arrested shall be thereafter treated and disposed
of as any other person duly arrested for a misdemeanor.
§ 279. In every case of arrest by any member of the police
force, the same shall be made known immediately to the superior
on duty in the precinct wherein the arrest was made, by the person
making the same ; and it shall be the duty of the said superior,
within twenty-four hours after such notice, to make written return
thereof, according to the rules and regulations of the board
POWERS OF MEMBERS OF POLICE I'ORCE. 81
of police, with the name of the party arrested, the , alleged
offense, the time and place of arrest, and the place of deten-
tion. Each member of the police force, under the penalty of ten
days’ fine, or dismissal from the force, at the discretion of the board,
shall, immediately upon an arrest, convey in person the offender
before the nearest sitting magistrate, that he may be dealt with
according to law. If the arrest is made during the hours that the
magistrate does not regularly hold court, or if the magistrate is not
holding court, such offender may be detained in a station-house or
precinct thereof, until the next regular public sitting of the magis-
trate, and no longer, and shall then be conveyed without delay
before the magistrate, to be dealt with according to law. And it
shall be the duty of the said board, from time to time, to provide
suitable rules and regulations to prevent the undue detention of
persons arrested, which rules and regulations shall be as operative
and binding as if herein specially enacted, subject, however, to the
order of the court committing the person arrested.
§ 280. It shall be a misdemeanor, punishable by imprisonment
in the penitentiary, for not less than one year, nor exceeding two
years, or by a fine of not less than two hundred and fifty dollars,
for any person, without justifiable or excusable cause, to use, or to
incite any other person to use personal violence upon any member
of the police thereof, when in the discharge of his duty, or for any
member of the police force to willfully neglect making any arrest
for an offense against the law of this state, or ordinance in force in the
city of New York, 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, or upon any day or
time to have, use, wear, or display, without authority, any shield,
buttons, wreaths, numbers, or other insignia or emblem, such as are
worn by the police.
§ 281. It shall be a misdemeanor for any person not being a
regular member of the police, established in any city of this state,
or a member of the police force, of the city of New York, or a
constable of this state, or a police constable, or assistant police
constable or a sheriff, or one of the usual general deputies of any
sheriff of this state, to serve any criminal process within the said
city. -
§ 282. It is hereby made the duty of the police force, at all times
of day and night, and the members of such force are hereby there-
unto empowered, to especially preserve the public peace, prevent
crime, detect and arrest offenders, suppress riots, mobs, and insul-
rections, disperse unlawful or dangerous assemblages, and assem-
blages which obstruct the free passage of public streets, sidewalks,
parks, and places ; protect the rights of persons and property,
guard the public health, preserve order at elections and all public
meetings and assemblages, prevent and regulate the movement of
teams and vehicles in streets, and remove all nuisances in the public
streets, parks, and highways; arrest all street mendicants and beg-
gars; provide proper police attendance at fires; assist, advise, and
protect emigrants, strangers, and travelers in public streets, at
steamboats and ship landings, and at railroad stations; carefully
observe and inspect all places of public amusement, all places of
business having excise or other licenses to carry on any business;
1873, ch. 335,552,
Comp. 252.
To convey offen-
cler3 before
nearest sitting
magistrate.
When detained
at station house.
1864, ch. 403, S43,
§: 261.
Penalty for re-
sisting police-
man by force,
or for falsely
personating
policeman.
1864, ch. 403, §22
Comp. 259.
Misdemeanor
for persons not
members of
police force to
serve process.
1867, ch. 806, $14,
Comp. 263.
Duty of the
police force.
6
82 POWERS OF SUPERINTENDENT AND CAPTAINs.
186 (, ch. 403, S40,
Comp. 260.
General powers
over certain
kinds of trade.
Searches.
Interference
with search a
misdemeanor.
1864, ch. 403, S41,
Comp. 260.
Suppression of
gaming houses
all houses of ill fame or prostitution, and houses where common
prostitutes resort or reside ; all lottery offices, policy shops, and
places where lottery tickets or lottery policies are sold or offered
for sale ; all gambling-houses, cock-pits, rat-pits, and public com-
mon dance-houses, and to repress and restrain all unlawful or dis-
orderly conduct or practices therein; enforce and prevent the vio-
lation of all laws and ordinances in force in said city; and for these
purposes, with or without warrant, to arrest all persons guilty of
violating any law or ordinance for the suppression or punishment
of crimes or offenses. \
§ 283. The superintendent of police, and each captain of police
within his precinct, shall possess powers of general police super-
vision and inspection over all licensed or unlicensed pawnbrokers,
venders, junk-shop keepers, junk-boatmen, cartmen, dealers in
second-hand merchandise, intelligence-office keepers, and auction-
eers, within the said city; 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 prem-
ises as may be from time to time ordained by the board of police.
The said superintendent, and each captain within his precinct, may,
by authority in writing, empower any member of the police force,
whenever such member shall be in search of property feloniously
obtained, or in search of suspected offenders, or evidence to con-
vict any person charged with crime, to examine the books of any
pawnbroker, or his business premises, or the business premises of
any licensed vender, or licensed junk-shop keeper, or dealer in
second-hand merchandise, or intelligence-office keeper, or auctioneer,
or boat of any junk-boatman. Any such member of the police,
when thereto authorized in writing by the said superintendent,
shall be authorized to examine property alleged to be pawned,
pledged, deposited, lost or stolen, in whosesoever possession said
property may be ; but no such property shall be taken from the
possessor thereof without due process or authority of law. Any
willful interference with the said superintendent or captain of
police, or with any member of the police force, by any of the per-
sons hereinbefore named in this section, whilst in official discharge
of duty, shall be punished as a misdemeanor.
§ 284. The superintendent of police and captains of police and
persons acting by their, or by either of their orders, shall have
power to examine the books of any pawnbroker, his clerk or clerks,
if they deem it necessary, when in search of stolen property, and
any person having in his possession a pawnbroker's ticket, shall,
when accompanied by a policeman, or by an order from the super-
intendent of police or captain of police, be allowed to examine the
property purporting to be pawned by said ticket; but no property
shall be removed from the possession of any pawnbroker without
the process of law required by the existing laws of this state, or
the laws and ordinances of the city regulating pawnbrokers. A
refusal or neglect to comply in any respect with the provisions of
this section, on the part of any pawnbroker, his clerk or clerks,
shall be deemed a misdemeanor, and punishable as such.
§ 285. If any member of the police force, or if any two or
more householders shall report in writing, under his or their signa-
ture, to the superintendent of police, that there are good grounds
SALARIES OF I?OLICE FORCE. 83
(and stating the same) for believing any house, room or premises
within the said city 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 purposes or amusements, or the
deposit or sale of lottery tickets or lottery policies, it shall be lawful
for the superintendent of police to authorize, in writing, any mem-
ber or members of the police force to enter the same, who may
forth with arrest all persons there found offending against law, but
mome others; and seize all implements of gaming, or lottery tickets,
or lottery policies, and convey any person so arrested before a
magistrate, and bring the articles so seized to the office of the
property clerk. It shall be the duty of the said superintendent of
police to cause such arrested person to be rigorously prosecuted,
and such articles seized to be destroyed, as the Orders, rules, and
regulations, of the board of police shall direct.
§ 286. It shall be the duty of the superintendent of police to
detail, on each day of election, at least two patrolmen to each
election poll. It shall be the duty of the police force, or any mem-
ber thereof, to prevent any booth, or box, or structure for the dis-
tribution of tickets at any election from being erected or maintained
within one hundred and fifty feet of any polling place within the
city, and to summarily remove any such booth, box, or structure, or
close and prevent the use thereof.
§ 287. The annual salaries and compensation of the members of
the police force who became members of such force before Ma
twenty ninth, eighteen hundred and eighty, shall be as follows: Of
the superintendent, six thousand dollars; of the inspectors,thirty-five
hundred dollars each ; of police surgeons, twenty-two hundred and
fifty dollars each ; of the captains, two thousand dollars each, and
of the sergeants, sixteen hundred dollars each ; the pay of each
such patrolman shall be at the yearly rate of twelve hundred dol-
lars, and that of doorman at the rate of nine hundred dollars per
year each. The salary attached to either of the following positions
shall not exceed the sum here designated as the maximum salary
of such position when held by any person appointed to the said
police force on or after May twenty-ninth, eighteen hundred and
eighty, to wit: For an inspector, three thousand dollars; for a
captain, eighteen hundred dollars; for a surgeon, fifteen hundred
dollars; for a sergeant, twelve hundred and fifty dollars. The
members of the uniform force of the police department appointed
to said force after May twenty-ninth, eighteen hundred and eighty,
shall, on their appointment, become members of what shall be
known as the third grade, at a salary of eight hundred dollars per
year; after two years of service in such third grade, they shall, if
their conduct and efficiency have been satisfactory, be advanced to
what shall be known as the second grade, at a salary of nine hun-
dred dollars per year; after two years' service in such grade, they
shall, on like conditions, be advanced to what shall be known as
the first grade, at a salary of one thousand dollars per year. But
no member of such uniform force shall be so advanced as aforesaid,
except after examination by and approval of the said board of police
of his record, efficiency, and conduct. The salaries and pay afore-
said shall be paid monthly to each person entitled thereto, in
and lewd and
obscene exhibi-
tions.
1873, ch, 335,558,
Comp. 253.
I
d
. §59.
Detail of patrol-
men at polls.
To prevent
booths, etc., be-
ing erected near
polling places.
1864, ch. 403,363,
Omp. 261,
Y Salaries.
See 1873, ch.
335, $43; 17 Hun,
286.
75 N.Y. 38; 77
N.Y. 347.
See 1873, ch.
335, §116.
1880, ch. 521, $2.
Grades, and sal-
aries in each.
1864, ch. 403, S63,
as amended,
1866, ch. 861.
1873, ch, 335,
Comp. 261,
84 PROPERTY SEIZEL) [3 Y I2OTICE TORCE.
modes to be prescribed by the rules and regulations, subject to such
deductions each month from the salary or pay of members of the
force as the treasurer shall make (and which deductions he is
hereby authorized to retain) to satisfy fines imposed on any mem-
ber of the force, by way of discipline or punishment, as prescribed
by the rules and regulations of the board.
§§§ § 288. The commissioners of police may designate some person
§" to take charge of all property alleged to be stolen or embezzled,
º; and which may be brought into the police office, and all property
in charge ... taken from the person of a prisoner, and all property or money
”* alleged or supposed to have been feloniously obtained, or which
shall be lost or abandoned, and which shall be taken into the
custody of any member of the police force, or criminal court in the
city of New York, or which shall come into the custody of any
police justice or officer, shall be, by such member or justice, or by
order of said court, given into the custody of and kept by the
property clerk of the police. All such property and money shall
be particularly registered by said property clerk in a book kept for
that purpose, which shall contain the name of the owner, if ascer-
tained, the place where found, the name of the person from whom
taken, with the general circumstances, the date of its receipt, the
name of the officer recovering the same, the names of all claimants
thereto, and any final disposition of such property or money. The
said commissioners may prescribe regulations in regard to the
duties of the clerk so designated, and require and take security for
the faithful performance of the duties imposed by this section.
Id. $62, § 289. Whenever property or money shall be taken from persons
#ºop. arrested and shall be alleged to have been feloniously obtained, or
erty, etc. 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 said accused person.
Id. $63, § 290. If any claim to the ownership of such property or money
§."” shall be made on oath before the magistrate, by or in behalf of any
ship.
p other persons than the person arrested, and the said accused
person shall be held for trial or examination, such property or
money shall remain in the custody of the property clerk until the
discharge or conviction of the person accused.
#;" § 291. All property or money taken on suspicion of having been
... º feloniously obtained, or of being the proceeds of crime, and for
i."", which there is no other claimant than the person from whom such
property was taken, and all lost property coming into the poses-
sion of any member of the said police force, and all property and
money taken from pawnbrokers as the proceeds of crime, or by
any such member from persons supposed to be insane, intoxicated,
or otherwise incapable of taking care of themselves, shall be
transmitted, as soon as practicable, to the property clerk, to be
registered and advertised in the City Record for the benefit of all
persons interested, and for the information of the public, as to the
DUTIES OF POILICE AT REGATTAS. 85
amount and disposition of the property so taken into custody by
the police.
§ 292. If property stolen or embezzled be not claimed by the
owner, before the expiration of six months from the conviction of a
person for stealing or embezzling it, the officer having it in his
custody must, on payment of the necessary expenses incurred in its
preservation, deliver it to the commissioners of charities and cor-
rection, to be applied for the benefit of the poor of the city. All
other property and money that shall remain in the custody of the
property clerk for the period of six months without any lawful
claimant thereto, after having been advertised in the City Record
for the period of ten days, shall be sold at public auction in a
suitable room to be designated for such purpose, and the proceeds
of such sale shall be paid into the police life insurance fund.
§ 293. If any property or money placed in the custody of the
º clerk shall be desired as evidence in any police or other
criminal court, such property shall be delivered to any officer who
shall present an order to that effect from such court. Such
property, however, shall not be retained in said court, but shall
be returned to such property clerk, to be disposed of according to
the previous provisions of this chapter.
§ 294. It shall be lawful for the police commissioners, whenever
they shall be notified in writing by the Metropolitan Association of
Amateur Oarsmen that a regatta is to be given under its auspices
on the Hudson river, opposite Washington Heights, New York city,
to keep the course used for any such regatta free and clear of all
boats and vessels of every description during the actual time of the
regatta, which shall not exceed six hours in any one day; provided,
1. That there shall not be more than five regattas in any one
year.
2. That the course selected for such regattas shall be above
Seventy-second street, and far enough up the river so as not to
interfere with any line of ferry-boats running on their regular
course and trips.
3. That said regatta course shall not exceed in breadth more
than one-fourth the width of the river from either shore, nor shall
it exceed more than three miles in length.
§ 295. The course selected for any such regatta shall be plainly
marked out by buoys or boats anchored; such buoys or boats shall
have a flag placed upon them so that they may be readily seen. No
boat, vessel, or steamboat of any description shall be allowed on
said regatta course during the actual time of any regatta, except by
the consent of the officers in charge of such regatta. Any person
rowing a row-boat, or pilot of a sail-boat, sailing vessel, or steam-
boat, willfully going upon said regatta course, and thereby interfer-
ing with the regatta, shall be deemed guilty of a misdemeanor, and
shall be liable to a penalty of not less than one hundred dollars, nor
more than two hundred and fifty dollars, or "imprisonment in the
county jail for a time not to exceed three months, or to both º
and imprisonment. The fine or penalty to go to the police fund.
It shall be the duty of the police commissioners to furnish a suffi-
cient number of police to keep said regatta course clear, and they
shall have power to arrest any person or persons going upon such
regatta course during the time of the regatta in violation of this or
1881, ch.442,5689.
If not claimed in
8ix months to
be delivered to
commissioners
of charities and
correction.
1873, ch. 335,
§§61, 65,
Comp. 253.
When detained
roperty shall
e Bold.
Id. $66.
1879, ch. 617, $4,
Comp. 1610.
Police commis-
Rioners may
keep regatta
COIl PHC Cleº.T.
Proviso.
Id. §2, 3, 4, 5, 6.
Course, how
marked out.
Boats, etc.,
thereon.
Penalty for will-
ful interference
with regatta.
Disposition of
pel alty.
Police.
86 ‘SANITARY COMPANY OF POLICE.
Proviso a 3 to
Bailing vessels.
1880, ch. 399, $5.
Board of health
may make re-
quisition on
board of police
to furnish off-
cer8 to enforce
law.
Qualifications
of force to be
detailed.
IIow disciplined
Vacancies.
1880, ch. 588, #
Applications to
be registered as
physician.
Physician to be
called.
Id. $3.
|Unchanged.
Officer to call
for physicians,
etc.
Blank to be filed
by officer.
Certificate to be
given to physi-
cian.
the preceding section. Nothing in this or the preceding section
contained shall apply to, or be so construed as to interfere in any
way with, sailing vessels actually engaged in commerce while pro-
ceeding on their course.
§ 296. The board of police, upon the requisition of the board of
health, shall detail to the service of the said board of health, for
the purpose of the enforcement of the provisions of the acts relat-
ing to tenements and lodging houses, not exceeding thirty suitable
officers and men of experience of at least five years' service in the
police force, provided that the board of health shall pay monthly
to the board of police a sum equal to the pay of all officers and men
so detailed. These officers and men shall belong to the sanitary
company of police, and shall report to the president of the board
of health. The board of health may report back to the board of
police, for punishment, any member of said company guilty of any
breach of orders or discipline, or of neglecting his duty, and there-
upon the board of police may detail another officer or man in his
place, and the discipline of the said members of the sanitary com-
pany shall be in the jurisdiction of the board of police, but at any
time the board of health may object to the efficiency of any member
of said sanitary company, and thereupon another officer or man
may be detailed in his place. The board of police shall have the
power, and it shall be their duty, to fill all vacancies in the police
force of the city caused by the detailing of said officers and men,
upon the requisition of the board of health.
§ 297. Upon the application of any person residing within the
precinct, it shall be the duty of the captain or other officer at the
desk to register in a book kept open for that purpose the name and
address of any person desiring or needing medical attendance, with
the name or address of the person making such application, and
without delay to select and notify of such application one from the
list of physicians who have registered in the said precinct as there-
by º themselves to respond to any call for medical attend-
ance, and who have been certified by the registrar of vital statistics
of the board of health as being in good and regular standing. It
shall be the duty of the captain or other officer at the desk, in the
absence of any expressed preference by the applicant, to select and
notify, from the list of physicians thus registered, the name of the
physician residing nearest to the residence of the said patient in
whose behalf application is made.
§ 298. It shall be the duty of the captain, sergeant, or other
officer at the desk, in such police precinct as before specified, upon
registry of any application as described in the preceding section,
immediately to detail an officer whose duty it shall be to call upon
such physician without delay, and to conduct him to the residence
of the patient, also to verify by personal inspection or inquiry the
name and address of such patient as registered by his superior
officer. Every officer thus detailed as messenger shall be furnished
with a blank certificate, upon which the name and address of the
physician responding to the call, the name and address of the
patient attended, and the date and hour of the visit shall be written
by him after he has conducted the physician to the patient's resi-
dence and verified the genuineness of the application. Such certifi-
cate shall be signed by him and given to the physician, and shall
NIGHT MEDICAL SERVICE. & 87
specify upon its face that the physician therein named is entitled
to the sum of three dollars from the public funds, upon presenta-
tion thereof to the proper officer, and indorsement thereof in
Writing with the name of the captain of the precinct. But it shall
be the duty of the physician making such visit to present such cer-
tificate to the patient or his or her agent or attendant, and to
request payment of the said sum specified; and in case of such pay-
ment being made, said physician shall surrender such certificate to
the person or persons making it, and it shall cease to be a claim
upon the public treasury. In default of the immediate payment of
the said fee specified in the said certificate, by the patient or his or
her attendant, it shall be the duty of the captain of the police pre-
cinct in which the visit was made to indorse it with his name; and
thus indorsed it shall be the duty of the cashier of the board of
health to pay at sight the fee aforesaid, and to enter the payment
in a book provided for that purpose and take up the certificate.
And all certificates thus redeemed shall be valid debts to the
amount therein named, against the patients therein named, or their
guardians, which the said board may order collected by due process
of law, provided that no prosecution shall be instituted in cases
where it is satisfactorily shown that the patient is without sufficient
means for the payment thereof.
§ 299. It i.º. the duty of every physician thus called to the
medical assistance of any person within the police precinct in
which he is registered to transmit to the registrar of the board of
health, within twenty-four hours after the call shall have been
answered, a full and accurate statistical exhibit of the case, speci-
fying therein the age and sex and the employment, profession or
business of the patient, the nature of the disease, the hour of the
attack, when practicable, the date, and the police precinct and ward
in which the case occurred ; the same shall be signed with the full
name and address of the physician rendering it, but the name and
address of the patient shall always be omitted. And it shall be the
duty of the board of health to provide all physicians thus regis-
tered for night medical service with appropriate blanks for the said
purpose upon their application therefor.
§ 300. Any policeman who shall be detailed as messenger accord-
ing to the provisions hereinbefore specified shall, in the absence of
preference expressed in the application, call the physician nearest
and most convenient to the patient's residence, or, in the absence
or refusal from any cause of the latter, the physician next nearest,
and so on. And there shall be no delay or waiting for such phy-
sician to return ; and any member of the force neglecting to com-
ply with this provision shall be subject to trial and fine, or dismissal
from the service by the board of police in the same manner as for
other offenses cognizable by the said body. And any physician thus
registering who shall twice refuse or neglect, without reasonable
excuse, to answer a call made according to the provisions of the
three preceding sections, shall be subject to have his name erased
from the list, upon proper evidence thereof submitted to an execu-
tive officer who shall be appointed by the registrar of vital statistics
of the board of health, and shall be under his immediate supervision.
§ 301. The captains of the several police precincts shall cause
the names and addresses of such physicians as have been duly
Payment to be
requested of
patient.
In default of
payment cashier
of board of
health to pay.
1880, ch. 588, $2,
Id. §4.
Statistical ex-
hibit of case to
be transmitted
to board of
health.
Blanks to be
provided.
Id. §5.
Physician near-
est to be called,
€tC.
When physi-
cians name to
be erased from
list.
Id. i.
Bulletin to be
posted, if cap-
88 * POLICE 12ENSION I'UNI).
tains deem me-
cessary, in hote
and district tele-
aph offices.
d. $6.
Id. $7.
Hours of 80 r-
vice.
1878, ch. 389, $1,
Comp. 275.
Trustee8.
Treasurer.
Powers of trus-
tee8,
Rules.
Report.
No payments to
be made for
301 V1 Ce3.
Id, $2.
Fund to be paid
to trustees.
Id. $3.
What fund to
consist of.
Police life in-
8:Irance fund.
Fines.
Rewards, etc.
certified by the registrar of vital statistics to be plainly and legibly
written or printed on a bulletin provided for that purpose, which
bulletin shall be placed at a convenient point near the captain's
desk, and kept open to the inspection of all persons within the pre-
cinct desiring to see the same. They may, if in their judgment it
shall be necessary to the public convenience, cause the bulletins of
physicians herein specified to be posted in the hotels and district
telegraph offices within their respective precincts, but any applicant
applying at such hotels or telegraph offices, or desiring #. services.
of any messenger other than a member of the police force detailed
for the purpose, shall employ such messenger at his own expense,
and shall be liable for any expenses incurred in communicating
with the police precinct.
§ 302. The period during which the aforesaid physicians shall
be held to be subject to call shall be between the hours of ten in
the evening and seven in the morning, from October first to March
thirty-first, inclusive, and between the hours of eleven in the evening
and six in the morning, from April first to September thirtieth,
inclusive.
§ 303. The police commissioners are a board of trustees of the
police pension fund hereinafter mentioned. They shall from time
to time choose one of their number to be chairman and appoint a
secretary. The treasurer of the board of police commissioners
shall be treasurer of the board of trustees. Such board of trustees.
shall have charge of and administer said funds, and from time to
time invest the same, or any part thereof, as they shall deem most
beneficial to said fund, and are empowered to make all necessary
contracts and take all necessary and proper actions and proceedings
in the premises, and to make payments from said fund of pensions
granted in pursuance of this chapter, and also pensions now charged
on said fund by or under existing laws, and said board of trustees.
shall be the legal successors of the trustee or trustees of the police
life insurance fund. The said trustees shall, from time to time,
establish such rules and regulations for the administration of the
police pension fund as they may deem best. They shall report in
detail to the board of aldermen annually, in the month of January,
the condition of the police pension fund, and the items of their
receipts and disbursements on account of the same. No payments
whatever shall be allowed or made by said trustees as reward,
gratuity, or compensation to any person for salary or services ren-
dered to or for said board of trustees.
§ 304. The police pension fund, and all moneys, securities, rev-
enues, and incomes thereof, in whose hands soever the same may
be, shall be paid over and delivered on demand to the trustees of
said fund.
§ 305. The police pension fund shall consist of :
1. The capital, income, interest, dividends, cash deposits, Secu-
rities, and credits formerly belonging to the police life insurance
fund, with the addition thereto from time to time of,
2 All fines imposed by the board of police upon members of the
police force ; and, -
3. All rewards, fees, gifts, testimonials, and emoluments pre-
sented, paid, or given to any member of the police force for account
of police services, except such as have been or shall be allowed by
the board of police to be retained by said member ; and,
J’OLICE PENSION P'UNI), 89
4. All lost or stolen money remaining in the hands of the prop-
erty clerk for the space of one year, and for which there shall be
no lawful claimant, and moneys arising from the sale by the said
property clerk of unclaimed property; and,
5. A sum of money equal to three dollars per month for each
member of the police force, paid and to be paid monthly by the
treasurer of the board of police commissioners to the treasurer of
the board of trustees of the police pension fund from moneys
deducted from the pay of members of said force on account of lost
time.
§ 306. The board of trustees of the police pension fund have
power to grant pensions as hereinafter provided, to any person who
was a member of the police force of said city on June fourth, eigh-
teen hundred and seventy-eight, or to any person who has since or
may hereafter become a member of the police force, to be paid from
the police pension fund by the board of trustees thereof, as follows:
1. To the widow of any person who was a member of the police
force on June fourth, eighteen hundred and seventy-eight, or has
since become such member, or who may hereafter become a member
of the police force, who shall have been killed while in the actual
performance of police duty, or shall have died from the effects of
any injury received whilst in the actual discharge of such duty,
or who has died or shall hereafter die after ten years of service in
the police department of the city, provided such death shall not
have been caused by any misconduct on his part, a sum of three
hundred dollars per annum.
2. To any child or children under eighteen years of age of such
member of the police force killed or dying as aforesaid, but leaving
no widow, or if a widow, then after her death to such child or chil-
dren being yet under eighteen years of age, a sum not exceeding
three hundred dollars per annum. •
3. To any such member of the police force who, whilst in the
actual performance of police duty, and by reason of the perform-
ance of such duty, and without fault or misconduct on his part,
shall have become permanently disabled, physically or mentally, so
as to be unfitted to perform full police duty, a sum not to exceed
one-half nor less than one-fourth of his rate of compensation per
8,111] UlDOl.
4. To any such member of the police force of said police depart-
ment who shall, after ten years of membership, become superannu-
ated by age, or rendered incapable of performing full police duty by
reason of disability or disease contracted without misconduct on
his part a sum of three hundred dollars per annum.
5. To any such member of the police force who shall, after
fifteen years of membership, become superannuated by age, or ren-
dered incapable of performing full police duty by reason of disa-
bility or disease contracted without misconduct on his part, a sum
of four hundred dollars per annum. In determining the term of
Service of any member of the police force under the provisions of
this section, service in the late municipal and metropolitan police
department, and subsequently in the police department of the city
of New York, shall be counted and held to be police service in the
police department of the city of New York.
§ 307. Any such member of the police force who has or shall
Lost or stolen
property.
Deduction from
pay of police.
1879, ch. 381, $4,
Comp. 276.
Trustees may
grant pension.
To widow.
Children.
Disabled police-
Iſleſ).
Superannuated
policemen.
Id. $7.
as amended,
1879, ch. 527, $1,
Comp. 277.
Term of service,
howdetermined.
90 INSPECTION OT' STEAM BOILERS.
1879, ch, 381, §5,
Comp. 277.
Retired police-
IOleIl,
Officers who
left the force to
volunteer in the
&rmy.
Id, $6.
When pensions
to terminate.
Id. §8.
Pensions to
olice force to
e granted on
Certificate of
surgeons of
department.
1867, ch. 883, §1,
Comp. 273.
Report of and
inspection of
8team boilers.
have performed police duty for a period of twenty years or upwards,
upon his own application, or upon the certificate of the board of
surgeons of the department of police, certifying that such police-
man is permanently disabled so as to be unfit for police duty, may,
in the discretion of the board of police, by resolution unanimously
adopted by a full board, be retired from service and placed upon
the police pension roll, and thereupon shall be awarded, granted,
and paid from said police pension fund, by the trustees thereof, an
annual sum during his lifetime not exceeding one-half nor less than
one-fourth the full pay of a member of said police force of the rank
of the member so retired ; provided, however, that no pension
granted under the provisions of this or the last preceding section
shall exceed the sum of one thousand dollars per annum. Tensions
granted under this section shall be for the natural life of the officer,
and shall not be revoked, repealed, or diminished. In case any
officer shall have voluntarily left the police department and entered
into the United States service and served during the war of the
rebellion and received an honorable discharge, and afterwards shall
have been reinstated in the police department, the time of his ser-
vice in the army shall be considered as a portion of his service in
the police department.
§ 308. Pensions to widows shall terminate when the widow
shall remarry, and pensions to children shall terminate whenever
the children shall respectively arrive at the age of eighteen years.
The board of police may, in its discretion, order any pension
granted, or any part thereof to cease, except in the case of members
of the police force retired after twenty years' service, as provided in
the last preceding, section, but in all such cases the said board of
police shall file with the trustees of the police pension fund a
written statement of the causes which determined them in ordering
any pension to so cease, and nothing herein or in any other act
contained shall render the granting or payment of such pension
obligatory on the board of police or upon the trustees of the police
pension fund, or chargeable as a matter of right upon said police
pension fund, except as provided in the last preceding section.
§ 309. No member of the police force shall be awarded, granted
or paid a pension on account of physical or mental disability or
disease, unless upon the certificate of the board of surgeons of the
department of police, which shall set forth the cause, nature, and
extent of the disability, disease, or injury of each member of the
police force who may be placed upon the pension roll, and said cer-
tificate shall distinctly state whether or not such disability, disease,
or injury was incurred or sustained by said member of the police
force in the performance of police duty; and such certificate shall
in each case be filed with and entered upon the minutes of the
board of police. -
§ 310. Every owner of a steam boiler or boilers in use in the
city of New York shall annually, and at such convenient times and
in such manner and such form as may by rules and regulations to
be made therefor by the board of police, be provided, report to the
said board the location of such steam boiler or boilers, and there-
upon, and as soon thereafter as practicable, the sanitary company,
or such member or members thereof as may be competent for the
duty herein described, and may be detailed for such duty by the
INSPIECTION OF STEAM BOILERS. 91
board of police, shall proceed to inspect such steam boiler or
boilers, and all apparatus and appliances connected there with ; but
no person shall be detailed for such duty except he be a practical
engineer, and the strength and security of each boiler shall be
tested by hydrostatic pressure ; and every boiler or boilers so
tested shall have, under the control of said sanitary company, such
attachments, apparatus and appliances as may be necessary for the
limitation of pressure, locked and secured in like manner as may be
from time to time adopted by the United States inspectors of steam
boilers, or the secretary of the treasury, according to act of con-
gress, passed July twenty-fifth, eighteen hundred and sixty-six; and
they shall limit the pressure of steam to be applied to or upon such
boiler, certifying each inspection and such limit of pressure to the
owner of the boiler inspected, 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 lim-
iting 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. But all steam users, manufacturers or corpora-
tions possessing the guaranteed certificates, unrevoked and in full
life, of any fire insurance company now incorporated or hereafter
incorporated, or of any company organized or hereafter organized,
for the purpose of making guaranteed steam boiler inspections, and
which shall have complied with the insurance laws of the state,
having duly filed a statement with the superintendent of insurance or
other authorized officer, of its conditions, and duly paid license fees
and taxes, shall be exempt from such inspections.
§ 311. Any company referred to in the last preceding section
which has complied there with shall, at least once in each month,
make and file returns, under oath, with the board of police, of all
inspections made by them of steam boilers and of all certificates
issued by them, and those at the time of making said return either
in full force, unrevoked or canceled. Each and every company so
authorized and making insurances and failing to make such returns
as aforesaid, shall pay the penal sum of fifty dollars for each and
every failure or neglect to make and file said returns, the same to be
recovered by suit to be brought by the board of police.
§ 312. The board of police shall preserve in proper form a
correct record of all inspections of steam boilers made under its
direction, and of the amount of steam or pressure allowed in each
case, and in cases where any steam boiler or the apparatus or appli-
ances connected there with 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 appli-
ances attached, such boiler, apparatus and appliances may be taken
under the control of the board of police, and all persons prevented
from using the same, and in cases deemed necessary, the appli-
ances, apparatus or attachments for the limitation of pressure may
be taken under the control of the said board of police. 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.
1874, ch. 614, $1,
Comp. 274.
Exemption from
further inspec-
tion and penal-
ties.
Id. $2.
Companies to
make monthly
returns to in-
Spectors.
Penalty for
neglect.
1862, ch, 168, $2,
Comp. 272.
A record to be
kept by police
board.
92 DEPARTMENT OF PUBLIC WORKS.
1862, ch, 186, $3,
Comp. 273.
Penalty for vio-
lation of this
act.
1880, ch. 90,
Policemen may
be appointed for
district tele-
graph com-
panies.
Powers Of.
Qualifications
of.
Revocation of
appointment.
Pay and ex-
penses to be
borne by com-
pany.
1873, ch. 335,570,
Comp. 281.
Deputy.
59 HOW. 333.
Powers of.
§ 313. Any person applying, or causing to be applied, to any
steam boiler a higher pressure of steam than that limited for the
same, in accordance with the provisions of this chapter, and any
person violating the provisions of the last preceding section shall
be guilty of a misdemeanor. In case any owner of any steam boiler
in the said city shall fail or omit to have the same reported for
inspection as provided by law, such boiler may be taken under the
control of the board of police, and all persons prevented from using
the same until it can be satisfactorily tested as hereinbefore pro-
vided for, and the owner shall in such case be charged with the
expense of so testing it.
§ 314. The board of police is hereby authorized, in addition to
the police force now authorized by law, to appoint a number of
persons, not exceeding two hundred, who may be designated by an
company which may be operating a system of signaling by telegrap
to a central Office for police assistance, to act as special patrolmen
in connection with such telegraphic system. And the lº SO
appointed shall, in and about such service, have all the powers
possessed by the members of the regular force, except as may be
limited by and subject to the supervision and control of the board
of police. No person shall be appointed as such special patrolman
who does not possess the qualifications which may be required by
the board of police for said special service ; and the persons so
appointed shall be subject, in case of emergency, to do duty as a
part of the regular police force. The board of police shall have
power to revoke any such appointment or appointments at any
time, and every person so appointed shall wear a badge and uniform,
to be furnished by such company and approved by the board of
police. Such uniform shall be designated at the time of the first
appointment under this section, and shall be the permanent uniform
to be worn by said special police. The pay of such special patrol-
men and all expenses connected with their service shall be wholly
paid by such company or companies, and no expense or liability
shall at any time be incurred or paid by the board of police for,
or by reason of the services of the persons so as aforesaid
appointed. .
CHAPTER IX.
OF THE DEPARTMENT OF PUIBLIC WORKS.
Title 1.—General Powers and Duties of the Department.
§ 315. The commissioner of public works, may appoint a deputy
commissioner of public works, who shall, in addition to his other
powers, possess every power and perform all and every duty belong-
ing to the office of said commissioner, whenever so empowered by
said commissioner by written authority, designating therein a
period of time not extending beyond the period of three months,
nor beyond the term of office of the said commissioner of public
works, during which said power and duty may be exercised ; and
such designation and authority shall be dº filed in and remain on
record in the department of public works. The said deputy com-
BUIREAU IN DEPARTMENT OF PUBLIC WORKS. 93
missioner of public works shall possess the like authority in the
case of the absence or disability of the commissioner of public
works.
§ 316. The department of public works shall have cognizance
and control :
1. Of all structures and property connected with the supply
and distribution of Croton water.
2. Of the collection of the revenues arising from the sale or use
of the Croton water.
3. Of Opening, altering, regulating, grading, flagging, curbing,
guttering, and lighting streets, roads, places, and avenues.
4. Of repairing and construction of public roads.
5. Of the care of public buildings, including the buildings known
as the county court-house buildings.
6. Of the filling of sunken lots.
7. Of public sewers and drainage.
8. Of street vaults and openings in sidewalks.
9. Of paving, repairing, and repaving streets, and keeping the
same clear of obstructions, and of the relaying of pavement removed
for any cause. -
10. Of...digging and constructing wells.
11. Of the care, management, and maintenance of the public
baths.
12. Of the location, erection, establishment, and maintenance of
public urinals.
§ 317. There shall be eight bureaus in the department of public
works.
1. A bureau for laying water-pipes, and the construction and
repair of sewers, wells, and hydrants, paving and repairing streets;
the chief officer of which shall be called “water purveyor.”
2. A bureau for the collection of revenue derived from the sale
and use of water; the chief officer of which shall be called “water
register.”
3. A bureau having care of all structures and property connected
with the supply and distribution of Croton water ; the chief officer
of which shall be called “chief engineer of the Croton aqueduct,”
with power to appoint and remove at pleasure, and detail a staff of
assistant engineers. He and they must be civil engineers of at
least ten years' experience.
4. A bureau for grading, flagging, curbing, and guttering streets;
the chief officer of which shall be called “superintendent of street
improvements.”
5. A bureau of lamps and gas; the chief officer of which shall
be called “superintendent of lamps and gas.”
6. A bureau of streets and roads; the chief officer of which shall
be called “superintendent of streets.” .
7. A bureau of repairs and supplies, which shall have cognizance
of all supplies and repairs to public buildings, works, lands, and
places, and all other necessary repairs and supplies not provided
for in other departments; the chief officer of which shall be called
“superintendent of repairs and supplies,” and shall be a practical
builder.
8. A bureau for the removal of incumbrances on the streets or
sidewalks or public grounds not inclosed in any park ; the chief
1873, ch. 335,571,
Comp. 282.
Department to
have control of
CTOton water.
Streets, etc.
5 Rob. 192.
15 Abb. N.S., 115.
1880, ch. 373.
1862, ch. 361,
Comp. 342.
1868, ch. 879,
Comp. 347.
1874, ch. 505,
Comp. 348.
1876, ch. 169,
. 349,
. 508,
Comp. 350.
1867, ch. 625,
Comp. 346.
1873, ch. 335,572,
Comp. 282.
Bureaus.
Water purveyor.
Water register.
º
Chief engineer
of Croton aque-
duct.
Superintendent
of street im-
provements.
Superintendent
of lamps and
gaS.
Superintendent
of repairs and
Supplies.
Superintendent
Of incum-
brances.
94 POWERS OF DEPARTMENT OF PUBLIC WORKS.
1878, ch. 380, $2,
Comp. 985.
Street,
1873, ch. 335,573,
as amended
1873, ch. 757, $9,
Comp. 283.
To possess cer-
tain powers of
department of
public parks.
21 Hum, 533.
1871, ch. 290, $11,
Comp. 648.
1872, ch. 872, $7,
Comp. 303.
Commissioner
of public works
to acquire title
to streets and
squares north of
Fifty-ninth
8treet.
Powers thereof.
48 How. 285,
©.
1875, ch. 476, §1,
Comp. 351.
Repavement of
streets and
3.VéIl U168.
Cost of repav-
ing.
1862, ch. 361, $1,
COmp.
jepºrtment Of
public works to
officer of which shall be called the “superintendent of incum-
brances,” to whom all complaints shall be made, and by whom such
incumbrances shall be removed.
§ 318. The street or roadway through Washington park or
Square, running from Fifth avenue on the north to South Fifth
avenue on the southeast, shall be continued in use as one of the
public streets of said city under the charge of the department of
public works.
§ 319. The department of public works shall have and possess
all the powers and functions at any time possessed by the depart-
ment of public parks or the department of public works in relation
to the construction of the boulevard (road or public drive), streets,
avenues and roads above Fifty-ninth street, except in the Twenty-
third and Twenty-fourth wards, and so far as the same are not em-
braced within the limits of or immediately adjacent to any park
or public place, except as in this act otherwise provided ; and all
provisions of law conferring powers and devolving duties upon the
department of public parks in relation thereto are transferred to
and conferred upon the said department of public works. Said
department shall also possess all the powers and perform all the
duties formerly possessed by or devolved upon the Croton aqueduct
board, except as in this act otherwise provided.
§ 320. The commissioner of public works shall have and pos-
sess exclusive power to acquire title in the name and on behalf of
the mayor, aldermen and commonalty of the city of New York, in
and to all public streets, avenues, roads, public squares and places,
laid out or that may be laid out, in all that part of the city of New
York lying northerly of Fifty-ninth street in said city, south of
One Hundred and Fifty-fifth street and not in the Twenty-third
or Twenty-fourth wards, and in and about all proceedings therefor
now pending or hereafter to be commenced, and all proceedings
Subsequent thereto, the said commissioner shall have and possess
all the powers and perform all the duties by law conferred on and
authorized to be performed by said mayor, aldermen and common-
alty of the city of New York.
§ 321. Whenever the commissioner of public works shall certify
and report to the board of aldermen that the safety, health, or con-
venience of the public requires the repavement of any streets,
avenues or public places in said city, said board of aldermen shall
have the power to direct, by Ordinance or resolution, the repave-
ment of said streets, avenues, or public places in the manner
specified and of the materials approved of and recommended by
said commissioner of public works, which work shall be done by
and under the direction of the department of public works accord-
ing to law. In case any of the streets, avenues or public places in
said city shall have been once paved, and the expense therefor
assessed upon the owners of adjoining and benefited property, the
cost of the repaving thereof shall be borne by a general assess-
ment upon all the taxable property in said city, but the amount
appropriated and raised for such purpose shall not exceed the sum
of five hundred thousand dollars in any one single year.
§ 322. The department of public works shall have cognizance,
control, and general direction in the relaying of all pavement
removed for the purpose of constructing vaults or lateral drains,
DUTIES OF COMMISSIONER OF PUBLIC WORKS. 95
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 build-
ings, or for any other purpose, and no removal of payement for
such purpose shall be made until a permit is first had from the
said department.
§ 323. Whenever any portion of the pavement in any street or
avenue in said city shall have been removed for any of the pur-
poses mentioned in the preceding section, and such pavement shall
not be relaid in a manner satisfactory to the commissioner of public
works, he may cause a notice in writing to be served upon the per-
son 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 construct-
ing 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 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 commissioner within
the time specified in such notice, it shall be lawful, and authority is
hereby given to said commissioner to have such pavement, or the
portion thereof which shall have been so unsatisfactorily laid, put
in proper order and repair, in such a manner as the said commis-
sioner 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 commissioner, 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
upon the premises so described, and on being certified by the
comptroller to the collector of assessments and clerk of arrears,
may be collected in the same manner that arrears of Croton water
rents are collected under the direction of the collector of assess-
ments and 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 commissioner 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
rapaired 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
said commissioner shall be conclusive evidence of the cost of such
repair. t
§ 324. It shall be the duty of the commissioner to remove all
obstructions now existing, or which may hereafter be placed upon
any street or sidewalk, or public ground not inclosed in any public
park.
control the re-
aying of cer-
tain pavementB.
Id. $2.
Proceedings re-
lating thereto,
Notice to be
Berved.
Repair of pave-
ment.
1873, ch. 335,570,
Comp. 83,281.
Unchanged.
Obstructions on
sidewalks, etc.
96 IDUTIES OF COMMISSIONER OF PIJIBLIC WORKS.
1873, ch.335, §70.
Comp. 83, 281.
1849, ch. 383, $4,
Comp. 291.
1865, ch. 381,
§§1, 2, 3.
Omp. 343.
Sewerage dis-
tricts; maps of
location, etc., of
SCWCTS,
3 Hun, 65; 62 N.
Y. 618; 53 id.
647; 46 id. 178;
63 id. 535; 47 id.
556; 52 How.
120; 18 Hun.
582.
Commissioner
to employ engi-
neers, acquire
lands, etc.
Id. $4.
Comp. 344. -
Maps to be per-
manent plans.
Id. §§5, 6.
Printed Specifi-
cations of, and
contracts for,
work.
Certificate Of
completion and
nature of Work.
§ 325. Whenever the words “street commissioner” shall occur
in any existing law, ordinance, resolution, contract, or document, it
shall be deemed to mean the commissioner of public works, and
whenever in any law, or in any Ordinance of the corporation, the
words “street department’’ shall occur, it shall be deemed and con-
strued to mean the department of public works and the commis-
sioner thereof.
§ 326. The department of public works shall have charge of the
construction, repairs, and cleansing of all the sewers and under-
ground drains, subject to the general plan which has been or may
be adopted for the sewerage and drainage of said city, except those
in the Twenty-third and Twenty-fourth wards.
$ 327. The commissioner of public works shall have power to
devise and frame, so far as the same has not already been done, a
plan of sewerage and drainage of the whole of said city, except in
the Twenty-third and Twenty-fourth wards, for the purpose of
thoroughly draining and carrying off water and other matter
proper to be carried off by sewers. The said commissioner shall,
so far as the same has not already been done, lay out the said city
into as many sewerage districts as he may deem necessary for the
aforesaid purpose, and shall also determine and show on suitable
maps or plans the location, course, size, and grade of each sewer
and drain proposed for each of said districts, and the proposed alter-
ations and improvements in existing sewers, and shall also deter-
mine and show on said maps or plans the contemplated depths of
said sewers and drains below the present surface and also below
the established grades of the streets and avenues in each of said
districts, and such other particulars as may be necessary for the
purpose of exhibiting a complete plan of the proposed sewerage
therein. The said commissioner shall appoint and employ such
engineers, surveyors, inspectors, and other persons, and take and
acquire, in accordance with existing laws, such lands as may be
necessary for the prosecution of the work authorized by this
section.
§ 328. Upon the completion of the map or plan for the drainage
of any sewerage district, such map or plan shall be the permanent
plan for the sewerage of such district, subject, however, to such
subsequent modifications as may become necessary in consequence
of alterations made in the grade of any street or avenue or part
thereof in said district, or otherwise. Copies of such complete
plans shall be made and filed by said commissioner in the offices of
the board of aldermen and comptroller. The construction of the
work under said plans shall have precedence over and shall not be
interfered with by any work connected with other street improve-
ments in said district.
§ 329. The said commissioner, upon the completion of the plan
of sewerage of any district, and the filing of copies thereof as
required by the last preceding section, or as soon thereafter as may
be convenient,shall cause printed specifications to be made in accord-
ance with said plan of the work proposed to be done in said district,
and shall thereupon invite proposals in the manner now required
by law, and shall contract for the whole or any part of the work in
said district. Upon the completion of the whole of the work
embraced in any contract made in pursuance of this title, the said
DUTIIES () [" (JOMMISSIONIER OF JPUBLIC WORKS. 97
commissioner shall file in the office of the board of assessors in said
city, a certified statement of such completion, and of the nature and
extent of the work done, and the prices upon which the contract
was awarded, together with a written description and map of the
property benefited by such work, in the manner now required by
law in the matter of street improvements in said city. The expenses
incurred by said commissioner in pursuance of this title, including
the cost of land, shall be assessed upon the property benefited by
the improvement made ; and such assessment shall be laid and
confirmed and collected in accordance with the laws relative to
assessments now in force in said city. -
§ 330. The said commissioner is authorized to insert in each con-
tract made by him under this title, a provision that payments by
monthly installments of seventy per cent. of the amount of work done
will be made during the progress of the work, the remainder of the
moneys to be retained until the confirmation of the assessment, and
then paid in accordance with the terms or conditions of said contract.
It shall be the duty of the comptroller, upon the requisition of the
said commissioner, to pay all the expenses mentioned in the last
preceding section, from the proceeds of assessment bonds to be
issued in accordance with law.
§ 331. It shall not be lawful hereafter to construct any sewer or
drain in the city, unless such sewer or drain shall be in accordance
with the general plan devised by said commissioner for the sewer-
age of the particular district in which such sewer or drain is pro-
posed to be constructed.
§ 332. In order to provide for the more effectual and economical
construction of said sewers, the said commissioner may contract, in
pursuance of law, for such materials used in the construction of
sewers, and in such quantities as he may deem proper; and it shall
be lawful for the comptroller to pay, on the requisition of said
commissioner, from the proceeds of assessment bonds authorized to
be issued, for such materials, and the expenses for engineers, sur-
veyors, inspectors, or other persons employed by authority of said
commissioner, in the construction of sewers.
§ 333. It shall be the duty of the commissioner of public works,
upon the completion of any sewer constructed by virtue of the pre-
ceding sections, to certify to the board of assessors the quantity of
materials used and the price thereof, and the charges for engineers,
surveyors, inspectors or other persons, which have been paid by
virtue of the last preceding section, for each sewer constructed by
such authority, in order that the expenses for said materials and
labor may be properly apportioned, together with such other
expenses as may lawfully be incurred in said construction on the
property benefited by the said improvement.
§ 334. The commissioner of public works is hereby authorized
and directed to complete the regulating, grading, curbing and
guttering, construction of roadways, flagging the sidewalks, the
planting of shade trees, construction of sewers, and of the necessary
retaining walls to support the roadways and sidewalks of the
streets and avenues bounding Morningside park, according to such
plans as the said commissioner may deem for the best interests of
said city; all such work and the materials necessary therefor to be
done and procured by one or more contracts made at public letting
1865, ch. 381, $7,
Comp. 344.
Certain percen-
tage of work
done to be paid
for during pro-
gress of work.
Id. §8.
A]l sewers to be
in accordance
with general
plan of commis-
sioner.
Id. $9,
as amended,
1866, ch. 551, $1.
Duty of commis-
sioner of public
works.
Of comptroller.
Id, $11,
as amended
1866, ch. 55%, $1,
Comp, 345.
Certificate to
board of assess-
OTS.
1880, ch. 565 §1.
Commissioner
to complete
grading, etc.
7
98 DUTIES OF ()() MMISSIONER OF JPUPIJ (, WORKS.
in the manner provided by law, except that the said commissioner
is hereby authorized to appoint such engineer, or such other
persons as he shall deem proper, to make the necessary surveys,
estimates, plans and specifications, and supervise the construction
of the work herein mentioned to be done by said commissioner,
and the expense thereby incurred shall be included in the assess-
ment for the work.
tº . § 335. It shall be the duty of the said commissioner to transmit to
jºner to trans the board of assessors, upon the completion of Said works, or any
.."; portion thereof, as the said commissioner may deem advisable, his
*Pºnde", "" certificate of the amounts heretofore expended upon said works,
together with the expenditures hereafter incurred upon the same
by him under the provisions of the preceding section.
ſº. 3. $ 336. The said commissioner is hereby authorized and directed
ºtreet, to change and adjust the grades of the streets and avenues bound-
(> f (!. ing said park in such manner as he may deem for the best interests
of the public ; provided that such altered grades shall, at the in-
tersection of the centre line of any abutting street or avenue, coin-
cide with the present established grade of such abutting street or
avenue ; and it shall be the duty of the said commissioner to file in
the department of public parks, in the department of public works,
and in the office of the register of the city and county of New
York, a map or maps, duly certified by him, showing the grades of
said streets and avenues as so changed and adjusted, and upon the
filing of said map or maps as herein provided, the grades shown
therein shall be deemed established as shown on said map or maps.
tº ot § 337. The department of public works shall have control of
streets, etc. the care and maintenance of said streets and avenues, and the im-
provements upon the same, after completion.
#ºnce slope § 338. Permission and authority is hereby given to the commis-
or after of " Sioner of public works to place the slope or batter of the retaining
lººk. walls within the limits of the said Morningside park, and the said
commissioner and the contractors and their employees for doing
said work may enter and occupy that part of Morningside park
fronting the avenues adjacent thereto, for such time as may be re-
quired for the construction of said retaining walls and slope or
batter. Such modifications and adjustment of said retaining walls
and slope or batter as may be required to conform to plans and
specifications of the department of public parks for the approaches
or means of ingress or egress to or out of said Morningside park,
shall be made or done by the department of public parks, and the
work which the commissioner of public works is authorized to do,
and the work required to be done in and about said retaining walls,
slope or batter, as herein described, to carry out the plans and
specifications of the department of public parks, shall, as far as
practicable, be prosecuted at the same time.
####. § 339. The commissioner of public works shall, prior to the
' " " " twenty-sixth day of June, eighteen hundred and eighty-three, lay
out and establish a street of the width of not less than sixty feet
running from Tenth avenue at or opposite One Hundred and Thirty-
eighth street to Avenue Saint Nicholas, with such windings and
turnings, courses and directions as in his judgment may best serve
to promote the interest of the city and of the owners of property
affected thereby, in that section of the city bounded northerly by a
T) UTIES OF COMMISSIONER OF PUBLIC WORKS. 99
continuation easterly from Tenth avenue to Avenue St. Nicholas
of the northerly line of One Hundred and Forty-third street,
westerly by Tenth avenue, easterly by Avenue St. Nicholas, and
southerly by the northerly and northeasterly line of the lands of
the Female Academy of Sacred Heart and the southerly line of One
Hundred and Thirty-third street extended and continued westerly
from the Avenue Saint Nicholas until it meets the said northeast-
erly lines of the said lands of the said academy. And the said
commissioner of public works is authorized to make such changes
and alterations in the map or plan of the said portion of the said
city by abandoming, closing, extending, widening or narrowing the
existing streets, avenues or roads to such extent as may be neces-
sary in order to properly conform to the new street authorized to
be laid out by the provisions of this section. And he shall cause to be
made a map of the said street which in addition to said street shall
show such changes and alterations of streets, avenues or roads or
portions thereof, as may be required as aforesaid. The said map
shall be signed by said commissioner and filed in the department
of public works, and copies thereof certified by said commissioner
shall be filed in the office of the secretary of state and of the reg-
ister of the city and county of New York, and from the day of its
filing it shall be conclusive upon the mayor, aldermen and common-
alty of the city of New York, and any and all persons whomsoever.
But nothing herein contained shall be construed to authorize the
laying out, opening, or construction of any street, avenue or road
through any cemetery. The street shall be opened and the lands
necessary therefor acquired upon the application of the commis-
sioner of public works, who shall make such application imme-
diately upon the filing of said map for and on behalf of the mayor,
aldermen, and commonalty of the city of New York, in like man-
nºr as is now provided by law for opening other streets, avenues,
or roads in said city, but nothing in said laws contained shall
authorize the discontinuance of such proceedings. The streets, ave-
nues, and roads, and the portions thereof designated on said map as
closed and abandoned may be closed by order of the supreme court
upon the application of the commissioner of public works for and on
behalf of the mayor aldermen, and commonalty of the city of New
York, in like manner as is now provided by law for closing streets,
avenues, and roads in said city, and it shall be lawful to unite in one
application or proceeding the opening of the said street, and the
closing of any and all streets, avenues and roads designated upon said
map as closed, or such parts thereof as it may be deemed best to close,
and which intersect or lie adjacent to the said new street or avenue
proposed to be opened in said proceeding. When the said street
so laid out shall be opened as aforesaid, the said commissioner shall
have the power to fix the grades thereof, and to change the existing
grades of intersecting or contiguous streets, avenues or roads, so
far as in his judgment may be necessary to secure a conformity of
grades of all such streets, avenues and roads, with the grade of the
new street laid out as provided in this section, and the said commis-
Sioner of public works shall within three months after the opening
of the said street cause a map showing the grades thereof, and of
the intersecting and contiguous streets, avenues, and roads, so far
as changed, to be made and filed in the department of public
Commissioner
to lay out 8treet.
Route.
Alteration of
map.
Map of new
street.
Lands to be
acquired.
Grades, etc.
100 DUTIES OF COMMISSIONElt. Ol' l’UI3], [C WORKS.
When title to
lands have been
acquired, street
to be opened.
Certificate of
expenditures to
be transmitted
by comptroller
to board of
8,8808SOTS.
1879, ch. 518, $2,
Comp. 1034.
Opening of
8treets, avenues,
and roads.
works, and copies thereof certified by said commissioner shall be
filed in the office of the secretary of state, and the office of the
register of the city and county of New York, and the said maps,
when so filed, shall be in all respects final and conclusive upon the
mayor, aldermen, and commonalty of the city of New York, and
upon all persons whomsoever, and shall thereafter be changed only
by ordinances of the mayor, aldermen and commonalty of the city
of New York, upon the petition of the property owners as now
provided by law for changes of grades in other portions of said city.
When title to such lands for the new street to be laid out under the
provisions of this section, necessary therefor, shall have been
acquired, the commissioner of public works shall as soon as prac-
ticable proceed to Open said mew street, and render and make it fit
for travel by regulating, grading, paving or macadamizing or other-
wise improving it or in any way or by any other process or means
which he may deem best for the convenience of the public, and in
his discretion curb, gutter and flag the same and the sidewalks
thereof, and at the earliest practicable time throw the same open
for public use, and no ordinances of the common council, or other
authority than such as is conferred by this section, shall be neces-
sary to authorize him to proceed forthwith with such work; all
such work, and the materials thereof, to be done and procured by
one or more contracts made at public letting, in the manner pro-
vided by section sixty-four, except that the said commissioner is
authorized to appoint such engineers or such other persons as he
may deem proper to make the necessary surveys, estimates, plans
and specifications, and supervise the construction of the work herein
mentioned to be done by said commissioner, and the expense
thereby incurred shall be included in the assessment of the work.
It shall be the duty of the said commissioner of public works to
transmit to the board of assessors, upon the completion of said
works, or any portion thereof, as the said commissioner may deem
advisable, his certificate of the expenditures incurred upon the
same by him under the provisions of this section, and the proceed-
ings of laying and collecting assessments for work so certified shall
be pursuant to the laws now or hereafter in force for laying and
collecting assessments for local improvements in said city; assess-
ments which are authorized for the expense of any work or materials
procured, or service rendered under this section, may be laid sepa-
rately, from time to time, upon the receipt by the said board of
assessors of such certificate of the said commissioner.
§ 340. The maps or plans filed by the commissioner of public
works pursuant to the provisions of section one of chapter five
hundred and eighteen of the laws of eighteen hundred and seventy-
nine, of that portion of the city of New York lying between and
bounded by One Hundred and Forty-fifth street on the south, the
Eighth avenue on the east, the northerly side of One Hundred and
Fifty-fifth street on the north, and the Hudson river on the west,
shall continue to be the lawful maps of said portion of the city.
§ 341. The streets, avenues, and roads shown upon said maps
of said portion of the city, shall be opened upon the application
of the commissioner of public works, in like manner as is now
provided by law for opening other streets, avenues and roads
in said city ; but no street, avenue, or road for the first time laid
I)"UTIES OF COMMISSIONIER OF 12UL3ſ, I (; W () IR KS. 101
out under the provisions of the act in the last section referred to
shall be opened without the consent in writing of the owners of
three-fifths of all the lands fronting on said street, avenue, or road,
and of three-fifths of all the lands lying between such street, avenue,
or road, and the street, avenue, or road parallel thereto, and the
next adjacent on either side ; and in case there shall be no such
parallel street, avenue, or road within a less distance than three
hundred feet, then of the owners of three-fifths of the lands lying
within three humdred feet on either side thereof, first had and
obtained.
§ 342. Whenever any street, avenue, or road is so laid out and
opened, the said commissioner shall have the power to fix the
grades thereof, and to change the existing grades of intersecting
streets, avenues, and roads. And the said commissioner shall,
within three months after the opening of any such street, avenue,
or road, cause a map thereof, showing the grades thereof, and of
the intersecting streets, avenues, and roads, to be made and filed
in the department of public works, and copies thereof, certified by
the said commissioner, shall be filed in the offices of the secretary
of state and of the register of the city and county of New York,
which said maps, when so filed, shall be in all respects final and
conclusive upon the mayor, aldermen, and commonalty of the city
of New York, and upon all persons whomsoever.
§ 343. The commissioner of public works is authorized and
empowered, in his discretion, on the application in writing of the
head of the fire department, to grant to said department locations
for apparatus houses of said department on any of the public prop-
erty, streets, or slips under the control of the department of public
works; provided the same are so located and constructed as, in the
judgment of the commissioner of public works, will not disfigure
nor mar the appearance of the same, nor interfere with the pur-
poses of travel or public recreation; and if placed upon any
avenue, street, or slip, shall not reduce the width of the same
between the curbs, for the purposes of travel, at the place of such
location, to be less than thirty feet on each side of such building.
§ 344. Whatever work, if any, may be necessary to complete
the county court-house buildings shall be proceeded with by the
commissioner of public works, when authorized by the board of
estimate and apportionment. No such work shall be authorized by
said board until a special appropriation is made to provide for the
cost of the same, and it shall not be lawful for the head of said
department to exceed the amount so appropriated in completing
the buildings.
§ 345. After lands shall have been acquired in the Ninth ward
for a public market place for farmers and market gardeners, as pro-
vided by law, the commissioner of public works shall prepare the
same for occupancy, and shall have power to purchase and erect the
necessary appurtenances and structures for the purposes aforesaid,
under such restrictions as have been or shall be established by
law for the control of the expenditures of the departments of the
said city.
§ 346. The mayor, aldermen, and commonalty, by the depart-
ment of public works, are authorized and directed to maintain nine
free public floating baths, one of which shall be located in the East
Id. $3.
Grades.
Nſap showing
grades to be
made and filed.
1871, ch. 742, $13,
Comp. 401.
1880, ch. 373, $2.
Head of depart-
inent of public
works to pro-
ceed with work.
1880, ch. 191, $3.
Commissioner
to prepare land
in ninth ward.
1868, ch. 879,
Comp, 347.
874, ch. 505,
Comp. 348,
1()2 IDUTIES OF COMMISSIONER OF PUBLIC WORKS.
1876, ch. 160,
Comp. 349.
1879, ch. 508,
Comp. 350.
1881, ch. 447, $4.
Floating baths.
river, one in the Hudson river, one at Seventeenth street and East
river, one in the Fifth ward, and the others at places designated
by the commissioner of public works, which shall be and remain
under the exclusive control and management of the said department
of public works.
1867, ch. 625,S$1,
2, Comp. 346.
Location of pub-
lic urinals.
Maintenance
and cleanline#8
of.
Regulate First
{l V ( I\l 162.
1881, ch. 456, $1.
Pipes to
I'CŞ("TWO] I’.
1871, ch. 574,
Comp. 341,
Scale of water
Tents.
5 Abb, N. C. 5ſ.
1849, ch. 383, §18.
Comp. 292.
Scale of rents to
be established
for Croton
water.
1879, ch. 480,
§§2, 3,00mp. 239.
owerB and
§ 347. The commissioner of public works is authorized and
empowered to locate, erect, and establish public urinals within the
boundaries of any street, avenue, public place, or thoroughfare, in
said city, as he may from time to time deem advisable, and connect
the same by drains or suitable pipes with any adjacent sewer. After
the erection and completion of said public urinals, it shall be the
duty of the department of public works to provide for their main-
tenance and cleanliness; and every person defacing or damaging
said constructions, or writing or posting notices, figures or devices
thereon, shall, on conviction before any police justice of said city,
be subject to a penalty of fifty dollars, or imprisonment for the
term of three months in the penitentiary of said city and county in
the discretion of said justice. -
§ 348. It shall be the duty of the commissioner of public works
to proceed, in the manner provided by law, and complete the regu-
lating, grading, curbing, guttering and flagging of First avenue, from
Ninety-second street to One Hundred and Ninth street.
§ 349. The commissioner of public works is hereby authorized
and directed to remove the pipes connecting with the reservoir on
Fifth avenue, between Fortieth and Forty-second streets, and to
lay another main in Fifth avenue, between Fortieth and Forty-sec-
Ond streets, to connect the mains now leading in and Out of the
said reservoir. He is further directed to remove the structure and
grade the ground now occupied by the said reservoir to the level
of the adjacent streets in a suitable manner for the purpose of a
park. -
Title 2. —Duties and Powers of the Department as to Procuring and
Distributing Water.
§ 350. The commissioner of public works shall from time to
time establish scales of rents for the supplying of water, which
rents shall be collected in the manner now provided by law, and
which shall be apportioned to different classes of buildings in said
city in reference to their dimensions, values, exposure to fires, ordi-
nary uses for dwellings, stores, shops, private stables, and other
common purposes, number of families, or occupants, or consump-
tion 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 rents
shall be collected from the owners or occupants of all such build-
ings, 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 rents shall become a charge and lien upon such houses
and lots, respectively, as herein provided.
§ 351. The commissioner of public works is authorized, on behalf
of the mayor, aldermen, and commonalty to contract from time to
time with the city of Yonkers, or the board of water commissioners
DUTIES OF COMMISSIONER OF PUBLIC WORKS. 103
of the city of Yonkers, for a supply of wholesome water for the
Twenty-fourth ward, from the water-works or water belonging to
them or under their charge and control, for such time, in such
quantities, and at such prices as may be agreed upon by them. The
said commissioner of public works is authorized and directed to
procure, purchase, and lay, provide and make ready for use, from
time to time, so many mains and pipes and other means and appli-
ances, and erect so many hydrants as may be necessary and suffi-
cient to distribute and supply the water so procured under contract
with the city of Yonkers, to and through the Twenty-fourth ward,
or such part of it as may require or be in need of the same, and
which cannot, or ought not in his judgment, be supplied from the
Croton water-works, and to purchase, provide, do, and perform, all
things necessary or proper to enable the said Twenty-fourth ward, or
said part, and the inhabitants thereof, to obtain and have an abundant
supply of water at all times, and for such purpose, in case of neces-
sity or convenience, to arrange and agree with the owner of lands
in said ward for an irrevocable license or permission to enter upon,
lay, repair, keep in Order, protect, and maintain mains, pipes, con-
duits, and hydrants in, through, and upon said lands. The com-
missioner of public works is authorized to fix, and from time to
time to alter, special rates or charges for water supplied to any
house or building, or to any other erection or structure in the
Twenty-fourth ward, including washers and hydrants and to make
such arrangements and rules as may be proper to ascertain the
quantity of water used therein or by means thereof, and such rates
and charges shall be a lien until paid upon the lands upon which
such house, building or other erection or structure may stand or be
situated, and shall be collectible at the same time and in the same
manner, including sales for unpaid taxes, as the ordinary tax
imposed on the same lands.
§ 352. The commissioner of public works is authorized, in his
discretion, to cause water-meters, the pattern and price of which
shall be approved by the mayor, comptroller, and chief engineer of
the Croton aqueduct, to be placed in all stores, workshops, hotels,
manuufactories, public edifices, at wharves, ferry-houses, stables,
and in all places in which water is furnished for business consump-
tion by the department of public works, except private dwellings, so
that all water so furnished therein or thereat may be measured and
Known by the said department, and for the purpose of ascertaining the
ratable portion which consumers of water should pay for the water
therein or thereat received and used. Thereafter, as shall be deter-
mined by the commissioner of public works, the said department
shall make out all bills and charges for water furnished by them to
each and every consumer as aforesaid, to whose consumption a meter
as aforesaid is affixed, in ratable proportion to the water consumed,
as ascertained by the meter on his or her premises or places occupied
Or used as aforesaid. All expenses of meters, their connections and
setting, water rates and other lawful charges for the supply of water,
shall be a lien upon the premises where such water is supplied as
now provided by law. Nothing herein contained shall be construed
So as to remit or prevent the due collection of arrearages or charges
for water consumption heretofore incurred, nor interfere with the
proper liens therefor, nor of charges, or rates, or liens hereafter to
tºr
duties of com-
missioner of
ublic works.
ater rateB or
charges.
1873, ch. 335, $73,
Comp. 84, 283.
Water meters.
Expenses for
meters, etc., a
lien on prem-
ises,
104. WATER RENTS.
1871, ch, 213, §5,
Comp. 3; 1.
Money collected
for meters, con-
nections, etc.
1849, ch. 383, §20,
Comp. 293.
Rents in arrears,
1879, ch, 381, $1,
Comp. 313.
Unchanged.
1849, ch. 383, §27,
Comp. 292.
Rules printed on
permits to be
notice to water-
takers.
1879, ch. 381, $1.
Comp, 312.
When and how
distribution of
water may be
extended,
1849, ch. 383, $4,
Comp. 201.
Department to
have charge of
Croton lake and
river, etc.
Supply of water
and security of
the Works.
be incurred for water consumption in any dwelling-house, building,
or place which may not contain one of the meters aforesaid. The
moneys collected for expenses of meters, their connections and set-
tings, shall be applied by the commissioner of public works to the
payment of expenses incurred in procuring, connecting and setting
said meters.
§ 353. The annual rents which are not paid to the department
of public works before the first day of August in each year, shall be
subject to an additional charge of five per 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.
§ 354. No patent hydrant, valve, or stop-cock shall be used by
the department of public works unless the patentee or owner of
said patent shall allow the use of the patent by said department
without royalty.
§ 355. The rules and restrictions for the use of the water
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 commissioner of public works 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.
§ 356. The commissioner of public works, when thereunto
authorized by a resolution or ordinance passed by a three-fourths
vote of all the members elected to the common council, to be
approved by the mayor, is authorized to expend for materials to be
used and labor and other services to be performed by contract, let
at public letting, as now provided by law, in laying pipes to extend
and enlarge the distribution of water through the city of New
York, and in furnishing a sufficient supply thereof to the institutions
in charge of the department of public charities and correction
located on Blackwell's island, Ward's island, and Randall's island,
and in laying mains necessary to deliver such water at higher
levels and in greater quantities, and erecting such fixtures as he
may deem necessary, in each and every year a sum not exceeding
two hundred and fifty thousand dollars in addition to the amounts
heretofore authorized to be expended for said purposes.
§ 357. The department of public works is charged with the
preservation of the Croton lake and all waters from which a water
supply is drawn by the city, with the preservation of the banks of
the Croton river and other waters 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 man-
agement, preservation, and repairs of the dam, gates, aqueduct,
high bridge, reservoirs, mains, pipes, pipe yard, and property of
every description belonging to the water works, and shall have the
construction of such new works, and the purchase and laying down of
such mains and pipe as may be authorized in accordance with law.
Said department shall be responsible for the supply of water and
the good order and security of all the works from the Croton lake
to the city, inclusive, for the exactness and durability of the
structures which may be erected and of the daily work to be per-
formed, 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
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106 JANDS FOR RESTERWOIRS.
1849, ch. 383.
Penalty.
1849, ch. 383, $17,
§: 292.
Penalty for in-
juring the
works, etc.
See 1842, ch. 225.
1877, ch. 445, $1.
Comp. 326,
Aquisition of
land for obtain-
ing water sup-
§
ee 1879, ch. 28.
Id. $2.
Entry upon
lands, etc.
Damages, Settle-
ment Of.
Id. $3.
Comp. 327.
Proceedings in
case parties can-
not agree.
of this section 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.
§ 363. If any person shall willfully do or cause to be done any
act whereby any work, materials, or property whatever erected or
used, or hereafter to be erected or used within the city or else-
where, 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 shall throw anything into the aqueduct, or into any reservoir or
pipe, such person, on conviction thereof, shall be deemed guilty of
a misdemeanor.
§ 364. In all cases where the commissioner of public works shall
have entered upon, taken, or used, or shall hereafter enter upon,
take, or use, or shall deem it necessary to enter upon, take, or use
the waters of any lake or any upland, or any land under water, or
water-rights or privileges, or any incorporeal hereditaments or any
other property, for the purpose of maintaining, preserving, or
increasing the supply of pure and wholesome water for the use of
said city, the said commissioner is authorized, for and in behalf and
in the name of the mayor, aldermen, and commonalty, in the manner
hereinafter prescribed, to acquire all rights, titles, and interests in
and to such real estate by whomsoever the same may be held,
enjoyed, or claimed, and to pay for and extinguish all claims or
damages on account of such rights, titles, or interests, or growing
out of such taking or using. &
§ 365. The said commissioner, his engineers, surveyors, and such
other persons as may be necessary to enable him to perform his
duties under this title are hereby authorized to enter upon any land
or water for the purpose of making surveys, or examinations, and
to agree with the owners, occupants, or claimants of any real estate
which may have been required or damaged, or which hereafter may
be required or damaged in carrying into effect the provisions of
this title, as to the amount of compensation to be paid to such
owners, occupants, or claimants, and the time and manner of such
payments. And in case any such real estate shall be owned,
occupied, or enjoyed by the people of this state, or by any county,
town, or school district within this state, such rights, titles, interests
or properties may be paid for upon agreement, respectively, with
the commissioners of the land office, who shall act for the people of
this state, with a chairman and a majority in numbers of the board
of supervisors of any county who shall act for such county, and with
the supervisor and commissioners of highway in any town who shall
act for such town, and with the trustees of any school district that
shall act for such district.
§ 366. In case the said commissioner of public works is unable to
agree with the said owner or owners, occupant or occupants, claim-
ant or claimants of any such real estate, or with any or either of
JANDS FOR RESERVOIRS. 107
such officers as to the sum or sums to be paid for the acquisition or
extinguishment of any such real estate, or of any right, title, or
interest thereto or therein, for carrying into effect the purposes of
this title, the said commissioner of public works shall have the
right to acquire such real estate, or to extinguish any such right,
title, or interest thereto or therein, for the mayor, aldermen, and
commonalty of the city of New York in the manner and by the
special proceedings hereinafter provided.
§ 367. For the purpose of acquiring any such real estate or of
extinguishing any right, title, interest thereto or therein, the said
commissioner of public works, for and in behalf of the said mayor,
aldermen, and commonalty of the city of New York, may present a
petition praying for the appointment of commissioners of appraisal
to the Supreme court, at any general or special term thereof, held
in the district in which the real estate described in the petition
may be situated. Such petition shall be signed and verified
according to the practice of such court. It must contain a general
description of the real estate which the said commissioner seeks to
acquire, and of the rights, titles, and interests therein which he
seeks to extinguish, and also a general statement of the names and
places of residence of the parties, so far as the same can by reason-
able diligence be ascertained, who own, occupy, or enjoy, or who
claim to own, occupy, or enjoy, any such real estate, or any right,
title, or interest therein, and if any of such persons are infants, their
ages, as near as thay be, must be stated ; and if any of such persons
are idiots, or persons of unsound mind, or are unknown, that fact
must be stated, together with such other allegations and statements
of liens or incumbrances upon such rights, titles, and interests as
the said commissioner may see fit to make. A copy of such petition,
with a notice of the time and place the same will be presented to
the Supreme court, must be served on all persons whose interests
are to be affected by the proceedings at least ten days prior to the
presentation of the same to the said court.
1. If the person on whom such service is to be made resides in
this state, and is not an infant, idiot, or person of unsound mind,
Service of a copy of such petition and notice must be made on him,
or his agent or attorney, authorized to contract for the sale or sur-
render of the real estate described in the petition, personally, or
by leaving the same at the usual place of residence of the person on
whom such service must be made as aforesaid with some person of
suitable age.
2. If the person on whom such service is to be made resides out
of the state, and has an agent residing in this state authorized to
contract for the sale or surrender of the property described in the
petition, such service may be made on such agent, or on such person,
personally, out of the state, or it may be made by publishing the
notice, stating briefly the object of the application, and giving a
description of the property to be taken or affected, in the state
paper, and in a paper printed in the county in which the real estate
taken or affected is situated, once in each week for one month next
previous to the presentation of the petition ; and if the residence
of such persons residing out of this state, but in any of the United
States, or any of the British colonies in North America, is known,
or can, by reasonable diligence, be ascertained, the said commis-
Id. §4.
Petition for ap-
pointment of
commissioners.
Notice, service
Of.
Non residents.
108 METHOD OF ACQUIRING.
Minors.
Idiots, etc.
|Unknown
OWIleFE.
Corporations,
municipalities,
etc.
1881, ch. 582, §ſ.
Ireal estate inay
be acquired.
sioner must, in addition to such publication as aforesaid, deposit a
copy of the petition and notice in the post-office, properly folded
and directed to such person at the post-office nearest the place of
residence at least two weeks before presenting such petition to the
court, and pay the postage chargeable thereon in the United States.
3. If any person on whom such service is to be made is under'
the age of twenty-one years, and resides in this state, such service
shall be made as aforesaid on his general guardian, or, if he has no
such guardian, then on such infant, personally, if he is over the
age of fourteen years, and if under that age, then on the person who
has the care of such infant, or with whom such infant resides.
4. If the person on whom such service is to be made is an idiot,
or of unsound mind, and resides in this state, such service may be
made on the committee of his person or estate, or if he has no such
committee, then on the person who has the care or charge of such
idiot Or person of unsound mind.
5. If the person on whom such service is to be made is unknown,
or his residence is unknown and cannot, by reasonable diligence,
be ascertained, then such service may be made under the direction
of the court by publishing a notice, stating the time and place the
petition will be presented, the object thereof, with a general descrip-
tion of the property to be affected by the proceedings, in the state
paper, and in a paper printed in the county where the property is
situated, once in each week, for two weeks previous to the present-
ation of such petition.
6. In case any party to be affected by the proceedings is an
infant, idiot, or person of unsound mind, and has no general guar-
dian or committee, the court shall appoint a special guardian Or
committee to attend to the interests of such person in the proceed-
ings; but if a general guardian or committee has been appointed
for such person in this state, it shall be the duty of such general
guardian or committee to attend to the interests of such infant,
idiot, or person of unsound mind, and all notices required to be
served in the progress of the proceedings may be served on such
general or special guardian or committee.
7. In case the people of this state or any county of this state, or
any town in this state, or any common school district within this
state, or any corporation organized under the laws of this state,
shall own, occupy, or enjoy any real estate which is to be acquired
or affected in carrying into effect the purposes of this title, such
notice and petition may be served in the manner hereinbefore pre-
scribed, upon the following officers, respectively; upon the clerk
to the commissioners of the land office, in behalf of the people of
the State ; upon the clerk of the board of supervisors of any county,
in behalf of such county; and upon the supervisor of any town, and
the commissioners of highways in any town, in behalf of such town ;
upon the trustees of any school district, in behalf of such district ;
and upon the acting chief executive officer of any corporation, in
behalf of such corporation.
8. In all cases not herein otherwise provided for, service of
Orders, notices, and other papers in the special proceedings author-
ized by this title, may be made as the Supreme court shall direct.
9. Whenever there shall be one or more of the estates, enumer-
ated in article one of title two of chapter one of the second part of
ACQUIRING LANDS FOR WATER SUPPLY. 109
the revised statutes, entitled “Of the creation and division of
estates,” in any real estate, as the term real estate is defined in
section three hundred and seventy-nine, required by the city of
New York for the purpose mentioned in section three jºi and
sixty-four, such estate and real estate may be acquired by said city
by means of the special proceedings authorized by this section.
In every such case the commissioner of public works, in ad-
dition to the other statements, shall set forth and state in his
petition the facts, so far as the same can with reasonable diligence
be ascertained, in relation to any such estate, and the person, per-
sons, or class of persons then in being or not in being, who are or
may become entitled in any contingency to any estate as aforesaid
in such real estate, and may pray that such estate may be acquired
and such persons may be bound by the said proceedings; and there-
upon the court to whom such petition is presented, if there be no
attorney appearing in their behalf, shall appoint some competent
and disinterested attorney or officer of the court to appear in such
proceedings and represent the rights, interests, and estate of the
person, persons, or class of persons aforesaid in such real estate,
and to protect the same on the appraisal and proceedings aforesaid;
and it shall be the duty of the court, on or after the confirmation
of the report of appraisal, to ascertain by such report or by a ref-
erence for that purpose or otherwise, in its discretion, the rights,
interest, and estate of such person, persons, or class of persons, in
the real estate so appraised and in the compensation awarded there-
for, and to make an order determining the amount of share of such
compensation to which such person, persons, or class of persons
are or may become entitled on account of such estate, as the same
shall arise or become vested in them respectively, and to direct and
to provide for the payment, investment, or securing thereof, for the
benefit of the person, persons, or class of persons aforesaid, who
are or who may, in the contingency upon which such estate arises,
become entitled thereto. Upon the payment or deposit by the
comptroller of the city of New York of the sums to be paid for the
acquisition of such real estate in the manner provided in section
three hundred and seventy-one, and in the manner directed by order
of court the said commissioner of public works, for and in behalf
of the said the mayor, aldermen, and commonalty of the city of
New York, shall be entitled to enter upon, take possession of and
use the said real estate for the purposes indicated, and such per-
son, persons, or class of persons as are or may become entitled to
such estate shall be barred of and from all right or claim in and to
such land adverse to its use and occupation by the said commis-
Sioner or by the said, the mayor, aldermen, and commonalty. This
section shall apply to all special proceedings brought prior to the
twenty-fifth day of June, eighteen hundred and eighty-one, under
chapter four hundred and forty-five of the laws of eighteen hundred
and seventy-seven and the various acts amendatory thereof, which
proceedings had not been on that day concluded.
§ 368. On presenting such petition to the supreme court as afore-
said, with proof of service of a copy thereof and notice as afore-
said, all or any of the parties whose estates or interests are to be
affected by the proceedings may show cause against granting the
prayer of the petition, and may disprove any of the facts alleged in
Proceedings to
acquire Same.
1881, ch. 582, $5,
Comp. 329.
Appointment of
commissioners.
110 ACQUIRING LANDS FOR WATER SUPPLY.
Id. $6.
Duties and pow-
ers of commis-
Sioners.
See 1879, ch. 28,
$1.
it. . The court shall hear the proofs and allegations of the parties,
and if no sufficient cause is shown against granting the prayer of
the petition, it shall make an order for the appointment of three
disinterested and competent freeholders, who reside in the county
(or some adjoining county) where the property to be appraised is
situated, commissioners to ascertain and appraise the compensation
to be made to the parties interested in the real estate proposed to
be taken or affected, or theretofore taken or affected in such county
for the purposes indicated in this title, and to fix the time and place
for the first meeting of the commissioners. l
§ 369. The said commissioners shall take and subscribe the oath
prescribed by the twelfth article of the constitution. Any one of
them may issue subpoenas and administer oaths to witnesses, and
any such witness sworn and examined and testifying falsely shall
be deemed guilty of perjury, and shall be liable to the pains and
penalties imposed by law for that offense. Such subpoenas may be
served within this state by any person, and must be served by an
Sheriff or constable when thereunto required; in case of the failure
or refusal of any witness so subpoenaed to obey such subpoena, or to
answer any question, or to produce any books or papers when there-
unto required by a majority of the said commissioners, the com-
missioners or a majority of them, shall report such failure or refusal
to a justice of the supreme court in the said judicial district in
which such commissioners were appointed, before whom the same
proceedings shall thereupon be had as though such failure or
refusal were that of a witness duly subpoenaed to appear and testify
upon the trial of an action before such justice, and such justice shall
in all respects proceed as though such subpoena had issued out of
the court in which he presides; a majority of such commissioners
may adjourn the proceedings before them from time to time, in their
discretion. Whenever they meet, except by appointment of the
court or pursuant to adjournment, they shall cause reasonable
notice to be given to the parties interested, or their agent or attor-
ney. They shall view the property described in the petition, and
hear the proofs and allegations of the parties, and reduce the testi-
mony taken by them, if any, to writing, and after the testimony in
each case is closed, they, or a majority of them, all having an oppor-
tunity to be present, shall, without any unnecessary delay, ascertain
and determine the compensation which ought justly to be made by
the said mayor, aldermen and commonalty of the city of New York
to the owners or the persons interested in the rights, titles, and
privileges to be acquired or affected by the said proceeding. They,
or a majority of them, shall also determine what sum ought to be
paid to the general or special guardian or committee of an infant,
idiot, or person of unsound mind, or to an attorney appointed by
the court to attend to the interest of any unknown owner or party
in interest, not personally served with notice of the º
and who has not appeared, for costs, expenses, and counsel fees.
They, or a majority of them, shall also (but not in excess of any
request therefor made in behalf of the city) determine the height to
which the waters of any lake or natural stream, concerning which
such proceedings are instituted, may be raised, and the point to
which such waters may be drawn down by the said the mayor, alder-
men, and commonalty, such determination to be made before any
ACQUIRING LANDS FOR WATER SUPPLY. 111
award of damage shall be made on account of such proposed raising
or depressing of such waters. The said commissioners shall make
a report of their proceedings to the supreme court, with the min-
utes of the testimony taken by them, if any ; and they shall be enti-
tled to the payments hereinafter provided for their services and
expenses, to be paid from the fund hereinafter provided.
§ 370. On such report being made by said commissioners, the
counsel to the corporation shall give notice to the parties, or their
attorneys, to be affected by the proceedings, according to the rules
and practice of said court at a general or special term thereof for
the confirmation of such report, and the court shall there-
upon confirm such report, and shall make an order contain-
ing a recital of the substance of the proceedings in the
matter of the appraisal and a general description of the real
estate appraised, for which compensation is to be made ; and
shall also direct to whom the money is to be paid, or in what
bank and in what manner it shall be deposited by the comptroller
of the city.
§ 371. A certified copy of the order to be made as aforesaid, shall
be recorded at full length, in the office of the clerk of the county
in which the real estate described in it is situated, and thereupon
and on the payment or deposit by the comptroller of the city of the
sums to be paid as compensation for the acquisition of such real
estate, or for the extinguishment of any right, title, or interest
therein, and for the costs, expenses, and counsel fees as directed by
said order, the said commissioner of public works, for and in behalf
of the said, the mayor, aldermen and commonalty, shall be entitled
to enter upon, take possession, and use the said real estate for the
purposes indicated in this title, and all parties mentioned in this
title who shall have been made parties to the proceedings, together
with all parties claiming or to claim, by, through, or under them, shall
be forever divested and barred of all right, estate, and interest in
such real estate, and of all claim for any damage on account of the
taking, using, or affecting of such real estate, or of any right, title
or interest therein. All real estate acquired by the said the mayor,
aldermen, and commonalty, under and pursuant to the provisions
of this title, shall be deemed to be acquired for public use. Within
twenty days after the confirmation of the report of the commis-
Sioners, as provided for in the preceding section, either party may
appeal, by notice, in writing to the other, to the supreme court
from the appraisal and report of the commissioners. Such appeal
shall be heard by the supreme court at any general or special term
thereof on due notice thereof being given, according to the rules
and practice of said court. On the hearing of such appeal, the
court may direct a new appraisal and determination of any question
passed upon before the same or new commissioners in its discre-
tion, but from any determination of the general term, either party,
if aggrieved, may take an appeal, which shall be heard and deter-
mined by the court of appeals. In case of a new appraisal, the
Second report shall be final and conclusive on all the parties inter-
ested. If the amount of compensation to be made by the said city
ls increased by the second report, the difference shall be a lien on
the real estate appraised and shall be paid by the comptroller of
the city to the parties entitled to the same, or shall be deposited
Report.
1877, ch. 445, $7,
Comp. 330.
Confirmation of
Id. $8,
Comp. 331.
To be recorded.
Appeal,
112 A(QUIRING LANDS FOR WATER SUPPLY.
Id. $6.
Adverse and
conflicting
claim8 to
money.
Id. $10,
Comp. 332.
Interest Of un-
known parties.
Proceedings in
case of defective
titles.
1877, ch. 445, $11.
Additional real
estate, acquisi-
tion of.
in bank, as the court may direct ; and if the amount is diminished,
the difference shall be refunded to the said mayor, aldermen, and
commonalty by the party to whom the same may have been paid, and
judgment therefor may be rendered by the court, on the filing of the
second report, against the party liable to pay the same. Such
appeal shall not affect the possession by the said city of the real
estate appraised; and when the same is made by others than the
said city it shall not be heard except on the stipulation of the
party appealing not to disturb such possession.
§ 372. If there are adverse and conflicting claimants to the
money, or any part of it, to be paid as compensation for the real
estate taken or affected, the court may direct the money to be paid
into the said court by the said comptroller, and may determine who
is entitled to the same and direct to whom the same shall be paid,
and may, in its discretion, order a reference to ascertain the facts
on which such determination and order are to be made.
§ 373. The court shall appoint some competent person to appear
for and protect the rights of any party in interest who is unknown,
or whose residence is unknown, and who has not appeared in the
proceedings by an attorney or agent. The court shall also have
power, at any time, to amend any defect or informality in any of
the special proceedings authorized by this title as may be necessary,
or to cause new parties to be added and to direct such further
notices to be given to any party in interest as it deems proper, and
also to appoint other commissioners in place of any who shall die
or refuse or neglect to serve or be incapable of serving.
§ 374. If, at any time, after an attempt to acquire title by
appraisal of damages or otherwise; it shall be found that the title
thereby attempted to be acquired is defective, the said city may
proceed anew to acquire or perfect such title in the same manner
as if no appraisal had been made, and at any stage of such new pro-
ceedings the court may authorize the said city, if in possession, to
continue in possession, and if not in possession, to take possession
and use such real estate during the pendency and until the final
conclusion of such new proceedings, and may stay all actions or
proceedings against the said city on account thereof on the comp-
troller of said city paying into court such sum as the court ma
direct, to pay the compensation therefor when finally dº
and in every such case, the party interested in such real estate may
conduct the proceedings to a conclusion if the said city delays or
omits to prosecute the same. And if, at any time, the said city
shall require, for the purposes indicated in this title, to acquire any
additional real estate, or to extinguish any other or further rights,
titles, or interests therein in addition to that which it has already
acquired or extinguished, said city may acquire such additional
real estate or extinguish such additional rights, titles, interests
therein, or any such real estate, or any right, title, or interest
therein which it now uses or occupies, or which it has heretofore
used or occupied, by purchasing the same of the persons or parties
owning the same, or interested therein, or affected by such pro-
ceedings, and by paying to such parties such damages as they may
sustain by reason thereof if the amount of such compensation or
damages can be agreed upon between such commissioner of public
works and such persons or parties; and if such commissioner of
ACQUIRING LANDS FOR WATER SUPPLY. 113
public works shall, for any cause, be unable to agree for the pur-
chase of such real estate, or shall be unable to agree upon the sum
which shall be paid to such persons or parties in satisfaction of the
damages they may sustain, or if the title to any such real estate or
rights already acquired or extinguished, or attempted to be acquired
or extinguished, shall, for any cause, prove defective or imperfect,
then and in every such case such commissioner of public works
may proceed to acquire and perfect title to such real estate or
rights, and to ascertain and appraise such damages in the manner
and by the proceedings ... in this title prescribed.
§ 375. The commissioners of the land office shall have power to
grant to the said city any real estate belonging to the people of this
state which may be required for the purposes indicated in this title,
on such terms as may be agreed on between them and the said com-
missioner of public works, always, however, reserving and main-
taining the rights of the people and riparian owners to go to the
water at any point to which the same may be drawn; and if any
real estate of any county, town, or school district is required by
such city for the purposes of this title, the majority of the board
of supervisors acting for such county, or the supervisors of any
such town, with the commissioners of highways therein acting for
such town, or the trustees of any school district acting for such dis-
trict, may grant or surrender such real estate for such compensa-
tion as may be agreed upon between such officers, respectively, and
the said commissioner of public works.
§ 376. In case any real estate required by said city for the purpose
of this title shall be vested in any trustee not authorized to sell, re-
lease, and convey the same, or in any infant, idiot, or person of un-
sound mind, the supreme court shall have power, by a summary pro-
ceeding on petition, to authorize and empower such trustee or general
guardian or committee of such infant, idiot, or person of unsound
mind, to sell, convey, or surrender the same to the said city on such
terms as may be just; and in case any such infant, idiot, or person
of unsound mind has no general guardian or committee, the court may
appoint a special guardian or committee for the purpose of making
such sale, surrender, or conveyance, and may require such security
from such general or special guardian or committee as said court may
deem proper. But before any conveyance or release authorized by
this section shall be executed, the terms on which the same is to be
executed shall be reported to the court on oath, and if the court is
satisfied that such terms are just to the party interested in such
rights, titles, interests, or property, the court shall confirm the
report and direct the proper conveyance or release to be executed,
which shall have the same effect as if executed by an owner of such
rights, titles, interests, or property having legal power to sell, sur-
render, and convey the same.
§ 377. In all cases where the commissioner of public works shall
have heretofore entered upon, taken, or used any real estate, either
with or without the license of the owner thereof, for the purpose of
increasing the supply of water for the city, and the title to such
real estate shall not have been acquired by said city, either by pur-
chase or by any proceedings under any existing law, and the said
city, by any of its officers, agents, or employees, shall be in posses-
sion thereof at the time this act shall take effect, and such posses-
Id. §12.
Comp. 333.
Commissioners
of land office,
powers of.
Supervisors, etc.
Id. §13.
Proceedings
when real estate
is vested in per-
SOn not COID-
petent to act.
Id. §14.
Lands already
taken, proceed-
ings for acquir-
ing title to, etc.
8 x
114 - ACQUIRING LANDS TOIR WATER SUPPLY.
1877, ch, 445, Ś15,
Comp. 334.
Right of action.
Id. §16.
Term “real e5-
tate ’’ defined.
Id. $17.
Compensation
of coin mis-
Bioners, ctC.
sion shall be continued for the period of sixty days thereafter, such
possession shall be deemed an election on the part of said city to
take such real estate under and pursuant to the provisions of this
title, and in that case it shall be the duty of the corporation counsel,
at the expiration of said sixty days, to make the necessary applica-
tion for the appointment of commissioners, pursuant to the provis-
ions of this title, to appraise the damages and compensation to be
paid for the taking and using of the same. The performance of
such duty may be enforced by the Supreme court by mandamus on
the application of any owner or claimant of the real estate so taken
or used, and upon the hearing before the commissioners appointed
upon such application they shall, if requested by said owners or
claimants, also appraise and determine the amount of damages sus-
tained by said owners or claimants, respectively, by reason of any
use or occupation of said real estate by said city, or any of its offi-
cers or agents, before the making of such application. The said
commissioners shall, in their report, state the amount of damages
so ascertained and determined by them, and the amount thereof
shall form a part of the amount required to be paid by said city
before the right and title to the real estate specified in said report
shall be vested in said city as hereinbefore provided. Upon such
hearing all of the provisions of this title in relation to compelling
the attendance of witnesses, and the examination thereof, shall
apply to the claim for damages growing out of such use and occu-
pation.
§ 378. As to any damages which may have accrued to the owner
or claimant of any real estate, as to which the proceedings provided
by this title may be instituted, before such proceedings shall have
been instituted, this title shall not be taken or construed to deprive
any party of a right to a trial by jury of the question of such dam-
age, and the said commissioners shall estimate and determine such
damages, and the compensation to be made therefor, only upon the
consent of all the parties thereto. Such consent, however, shall be
conclusively presumed as against any party who shall appear and
take part in the proceedings to determine the amount of such dam-
age, without first entering an objection to the determination thereof
by such commissioners. In absence of such objection, but not
otherwise, the said commissioners shall proceed to final determina-
tion of such question. -
§ 379. The term real estate, as used in this title, shall be con-
strued to signify and embrace all uplands, lands under water, the
waters of any lake, pond, or stream, all water-rights or privileges,
and any and all easements and incorporeal hereditaments, and
every estate, interest, and right, legal and equitable, in lands or
water, including terms for years, and liens thereon by way of
judgment, mortgage, or otherwise, and also all claims for dam-
age to such real estate. The commissioners appointed in pursu-
ance of this title shall receive as compensation the sum of ten
dollars per day for each day actually employed. They may employ
the necessary clerks and surveyors. The salaries of the commis-
Sioners and of their employees, and the necessary traveling
expenses and other expenses incurred in and about such special
proceedings shall be paid by the said comptroller, as provided for
in this title, on the certificate of the commissioner of public works
of the city of New York.
ACQUIRING LANDS FOR WATER SUPPLY. 115
§ 380. For the purpose of preventing any waste of water, the ſº, **
commissioner of public works of the city of New York is hereby wºuler,
authorized to construct such aqueducts, reservoirs, dams, sluices, Pºº" ".
canals, and appurtenances as may be necessary to collect or retain
the water in or from any lakes or streams which have been hereto-
fore taken by said city or which may be taken under the operation
of this title, and use such waters as the wants and necessities of
said city may require. Provided that nothing contained in any Proviso.
act passed before June fifteenth, eighteen hundred and seventy-
seven, shall authorize or permit any water in excess of the ordinary
flow thereof to be drawn from lake Mahopac and lake Glenida, in
the town of Carmel and county of Putnam, between the first day of
March and the first day of September in any year. And provided
also that nothing in this or in any such act contained shall be so
construed as to interfere with any existing right to catch fish, obtain
ice, or keep, use, and maintain boats in or upon any natural lake or
pond which may be acquired under this title ; nor shall it be so
construed as to destroy any existing right of riparian owners upon
such lakes and ponds to use the waters thereof, or to build upon the
shores thereof, except as such rights may be affected by the raising
or lowering of the waters of such lake or ponds, as hereinbefore
prescribed.
§ 381. The commissioners appointed or to be appointed in any 1879, ch, 28, 1.
proceeding under this title, in which proceeding more than one **
claim is embraced, may conduct their examination as to any one of
such claims at such time or times as shall seem best to them, and
they may, in their discretion, postpone the ascertainment or deter-
mination of the compensation to be made on such claim, until any
time prior to the final termination of the proceedings, and they may,
in their discretion, proceed to the ascertainment or determination
of the compensation to be made on any one of such claims, not-
withstanding the fact that the examination and consideration of
some other claim or claims are still pending, Open, and undeter-
mined ; and such action on the part of the commissioners in any Actions con-
proceeding now pending is hereby ratified and confirmed. firmed.
§ 382. The commissioners referred to in the last preceding sec- Id, sº
tion, in any proceeding in which more than one claim is embraced, ...;
at any time in the course of such proceedings, may, in their dis- iº "
Cretion, take up any specified claim or claims, and finally ascertain te
and determine the compensation to be made thereon, and make a
separate report with reference thereto, which report shall, as to the
claims therein specified, be the report required in this title afore-
said, and the subsequent action with reference thereto shall be had
in the same manner as though no other claim were embraced in
such proceeding, which, however, shall continue as to all claims
upon which no such separate determination and report is made.
§ 383. All actions for the recovery of real property, or of any is", ch. 45,
estate or interest therein, or for the determination in any form of ; * *
such right or interest, and for injuries to real estate, brought under ºpinces
the provisions of this title, shall be brought and tried in the county
in which the subject of the action, or some part thereof, is situated,
subject to the power of the court to change the place of trial in
cases provided by statute. If in any particular it shall at any time Amendment of
be found necessary to amend any pleading, proceeding, process or * *
116 CHARITIES AND CORRECTION.
1834, ch. 256, $15,
Comp. 287.
Right to use of
ground under
streets, etc.
1860, ch. 510, $4,
Comp. 356.
6 Daly, 349; 62
N. Y.
_N . *
660, 60 id. 385; 4
Hun, 429 ; 8 id.
247.
Power Over in-
stitutions and
buildings.
1869, ch, 56.
1871, ch. 120.
1860, ch. 510, $3,
Comp. 356.
1873, ch. 335, $74,
Comp. 355.
Bureau'8.
1869, ch. 238, §1,
Comp. 373.
action, or to supply any defect therein, arising in the course of any
special proceeding authorized by this title, the same may be
amended or supplied in such manner as shall be directed by the
supreme court, which is hereby authorized to make such amend-
ment or correction.
§ 384. All persons acting under the authority of the mayor,
aldermen and commonalty, 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 con-
dition 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.
CHAPTER X.
THE DEPARTMENT OF PUBLIC CHARITIES AND CORRECTION,
§ 385. The department of public charities and correction shall
possess and exercise full and exclusive powers for the government,
management, maintenance, and direction of the several institutions
and buildings, and premises and property and appurtenances
belonging to the city and situated upon Blackwell’s, Ward's, Ran-
dall's, and Hart's islands, of all prisons and places provided for
the detention of prisoners, and of all hospitals belonging to or con-
ducted by the city, except such as are or may be established or
conducted by the department of public health, especially of the
alms-house and work-house, of the nurseries for poor and destitute
children, and of the county lunatic asylum, the lunatic asylum upon
Ward's island, 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 chapter. But said department
shall have no power over the house of refuge, nor the juvenile
delinquent asylum, nor the house of detention of witnesses, nor
the county or sheriff's jail.
§ 386. All books, accounts, vouchers, records, and all property
of whatsoever nature at any time under the management or control
of, or in the keeping of the department to which said department
succeeded, or any subordinate thereof, shall remain in the keeping
and custody of the department of public charities and correction
for the use of said department; but the said property shall forever
remain and continue the property of the mayor, aldermen, and
commonalty of the city of New York, subject to the public uses of
said board, and for the purposes provided by this chapter.
§ 387. There shall be in said department a bureau of charities
and a bureau of correction. The bureau of charities shall have
charge of all matters relating to persons not criminals. The
bureau of correction shall have charge of all matters relating to
criminals.
§ 388. The said department is authorized to maintain on Hart's
island an industrial school ; and in connection there with is author-
ASYLUM I'OR INEIBRIATES. 117
ized to employ and use the labor of any person from any of the
ublic institutions committed to its charge ; and the board of
public charities and correction are hereby authorized to commit to
and place in said industrial school any of the children who may be
committed to their care, pursuant to any provisions of law hereto-
tofore or hereafter to be made.
§ 389. Hart's island shall be deemed to be and shall be under
the control of the said department and may be used by it for any
and all purposes deemed by the board to be expedient and proper,
and the board shall have the same powers, jurisdiction, and control
thereof, as they have over the other premises, buildings, and insti-
tutions under their charge, and of all buildings and erections which
may for any purpose or purposes be placed and maintained by said
board upon said Hart's island.
§ 390. The said department shall provide and maintain suitable
rooms or wards in that part of the city south of Canal street, for
the reception and medical and surgical treatment of persons
wounded or taken ill in the streets of said city, who may not be
safely moved to a hospital or their homes.
§ 391. The board of public charities and correction are author-
ized and empowered to maintain, mallage, and control an asylum for
inebriates erected on land belonging to the city and under their
control, and the appurtenances thereto, as in the judgment of said
commissioners may be necessary and proper. The said board are
also authorized and empowered to appoint and employ all such
physicians, surgeons, officers, and attendants as may be necessary
and proper for the management and direction of said asylum, and
the care of the inmates thereof, and to fix the compensation of such
employees, in the same manner and with the same power as in
respect to the persons employed in other institutions under the
control of said board.
$392. The necessary expense of maintaining such asylum and
its appurtenances shall be provided for in the same manner as the
expenses of the other institutions under the control of the said
commissioner. The said board are authorized to demand and
receive all fines imposed for intoxication or disorderly conduct in
the city of New York, which fines, without any deduction, shall be
paid over monthly by the magistrate, clerk, or other person who
receives the same, to the said board, and shall be by it applied and
accounted for as other moneys received by it by virtue of this
chapter.
§ 393. The said board shall make all needful rules and regula-
tions for the government of said asylum, and shall provide for the
proper support and maintenance of the inmates thereof, and espe-
cially for such medical treatment as will be effectual for, or tend to
the curing of, such inmates of the habit of inebriety and diseases
induced thereby, and they shall have full power and authority to
regulate and control the inmates of said asylum, and to establish
such provisions for moral and sanitary discipline as they may deem
expedient. -
§ 394. The estate of any person committed to such asylum, and
the person committed, shall be liable for the support of such person
therein, and the committee of every such person shall pay out of
his estate such reasonable and proper sum as shall be hº by the
Industrial
School author-
ized.
Commitment.8
to industrial
Schools and la-
bor therein.
Id. $2.
Hart's island to
be under control
of commis-
Sioners,
1869, ch 376, §1,
Comp. 374.
Reception hos-
pital for wound-
ed and sick.
1864, ch. 141, $1,
Comp. 368.
Asylum for ino-
briates.
*
Physicians, c.fli-
cers, and attond-
ants.
Compensation.
Id. $2, as
amended, 1867,
ch. 470, Comp.
369.
Expenses for
constructing
and maintain-
ing.
Certain fines to
be paid com-
missioners.
Id. §3.
Duty and pow-
ers of commis-
sioners.
Id, $9,
§§ 370,
Estate of inebri-
ate liable for his
support in
asylum.
118 EMIPLOYMENT IN WORK-HOUSES.
1869, ch. 376, §10,
Comp. 374.
When persons
may be trans-
ferred from
alm 8 and work
house to asylum
1831, ch. 49.
Commiş8jonors
may transfer in
Bane persons to
insane asylum.
Expenses, how
to be paid.
1869, ch. 376, §12,
Comp. 374.
Causes for
which commis-
sioners may dis-
charge.
1860, ch. 510, $7,
a8 amended
1864, ch. 580, $1,
Comp. 358.
Perhons com-
mitted to city
prison may be
(letained in
workhouse.
justice or judge ordering the commitment. The said board of
public charities and correction shall have authority to bring and
maintain actions, in any court of competent jurisdiction, against the
committee or guardians of the estate of any person committed to
said asylum as aforesaid, Or against any person so committed, for
the support and maintenance of such person while in said asylum.
Such actions may be brought by said board in the name of the
mayor, aldermen, and commonalty of the city of New York, and all
recoveries had in such actions shall inure to the city of New York,
and all amounts collected thereon shall be received by said board,
and accounted for in the same manner as all other moneys which it
is by law authorized to receive.
§ 395. It shall be lawful for the said board of charities and cor-
rection to transfer from the alms-house and work-house under their
control, to said inebriate asylum, any persons committed to the
alms-house or work-house, who, in the judgment of said board,
shall be fit and proper subjects for the said asylum, and, in their
discretion, to return such persons to the alms-house or work-house;
provided, however, that no person shall, by reason of such transfer,
be restrained of his liberty for a longer term than required by his
Original sentence or commitment. -
§ 396. The board of public charities and correction are hereby
authorized, in their discretion, to transfer any insane person, here-
tofore or hereafter committed to, or being in their custody, or in
any institution under their control, to any state lunatic asylum, the
managers or proper officers of which shall consent to receive the
same ; and every such person so transferred shall be detained, or
permitted to remain in any such asylum, until discharged according
to law. The expense of the maintenance of every person so trans-
ferred, which shall be fixed by agreement between said commis-
sioners and such managers or officers, and of removing from, and,
in case of discharge, of bringing back to said city every such person
shall be estimated for, raised and paid in the same manner as the
other expenditures of the said commissioners of the department of
charities and correction, such expenses not to exceed the present
cost of their maintenance.
§ 397. The said board shall have authority, at any time, to
discharge from said asylum any person committed thereto, for the
following causes, viz.:
1. That said person is cured.
2. That such person is incurable, and incapable of being per-
manently benefited by the treatment and discipline of said asylum.
3. That such person has failed to pay for his support therein,
or has been guilty of vicious conduct, prejudicial to the good order
and discipline of the institution. .
$ 398. It shall be lawful to detain in the work-house, for the
purpose of employment therein, any person who shall have been
duly committed to the city prison, the penitentiary, or the alms-
house; but it shall not be lawful for vagrants or paupers, or the
recipients of the public charities of the said department, 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 may transfer and commit, or cause to be
TMI’LOYMENT IN WORK-HOUSES. 119
transferred and committed from the said city prison, penitentiary,
or alms-house, to the said work-house, or to such 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, providing their own consent to such transfer or
committal be obtained ; persons committed by magistrates as
vagrants or disorderly persons. No person committed to the city
prison for disorderly conduct shall be transferred from said prison
until after the expiration of forty-eight hours after the commitment.
No person committed to the said city prison or the work-house for
drunkenness or disorderly conduct, shall be released or discharged
from confinement before the expiration of the term for which he or
she shall be committed, except upon reversal of judgment upon
appeal, or review by a court of superior jurisdiction to the
magistrate making the commitment, without a written order
directing such discharge be made and signed by the committing
magistrate and one of the commissioners of public charities and
correction.
§ 399. Every person whose age or health will permit shall be
employed in getting out stone or in cultivating the grounds under
used.* of the said department, or in manufacturing such articles
as may be required for the ordinary use of the institutions under
the control of the said board of commissioners, 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 employ-
ment, 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.
§ 400. The hours of labor shall not exceed ten per day to each
person subject to the discipline of the department, and shall be
fixed by the board; and the articles raised or manufactured shall
be subject to the order, and placed under the control of said board.
All the grounds occupied by the said department, or under the
jurisdiction of the board, 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
*--> -->
* So in original.
When dig-
charged.
1860, ch. 510, $8.
Persons con-
fined in work-
house, how em-
ployed.
1860, ch. 510, $9,
Comp. 359.
Hours of labor.
Id. §10.
May open ac-
count with pau-
perH.
Id. $11.
Pauper8 and
criminals to be
kept separate.
Id. $12.
Requisition of
Bubordinates to
be in writing.
Id. §13.
To report
weekly.
1860, ch. 510, $14,
Comp. 359.
Certain pauper8
in almshouse to
be transferred to
workhouse.
Id. $15.
Comp, 360.
Children to be
employed.
Id. $16.
May make rules
and by-law8.
Id, $17.
May add to and
improve build-
ings. ,
120 SU}' [.. }{INT'Jº N I)], N I' () };" | NS I'ſ 'I' UT'ſ ( ) N.S.
thus raised shall be paid monthly into the hands of the board, 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.
§ 401. The board may open, in their discretion, an account
with all paupers committed to said 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.
§ 402. It shall be the duty of the said board to cause to be kept
and employed, separate and apart from each other, the paupers and
criminals, and as far as possible 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 or confirmed.
§ 403. Each superintendent, each warden or chief officer of the
several institutions under charge of the department, shall make his
requisitions, in writing, on the board, for all articles deemed
necessary by the said board, to be used in the respective institu-
tions under his charge and shall keep an accurate account of the
$8,10] (3.
§ 404. Each said superintendent, warden or chief officer, shall,
once in each week, report to the board 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.
§ 405. The officer having charge of the alms-house shall daily
send all paupers residing in the alms-house, capable of performing
any work, and not otherwise employed, to the work-house,
or such other of the institutions, the city prisons and penitentiary
excepted, where they shall be put at such labor as the chief officer
thereof may be authorized by the board of commissioners to direct.
$ 406. It shall be the duty of the officer in charge of the nur-
series 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.
§ 407. The board of public charities and correction shall be
authorized to make, from time to time, such rules and by-laws for
the management and government of the department, and especially of
each institution, as may seem to them necessary, and which shall
not be inconsistent with the provisions of this chapter, nor con-
trary to law.
§ 408. The board shall, whenever the increase of inmates in, or
the proper care and government of, the institutions or establish-
ments 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
one 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 board shall also have power to:
*
MINOIRS TO BE AIPPRENTICED, 121
lay out a potter's field, where not already laid out, to make
inclosures therein, to build vaults therein, and to provide all
necessary labor therefor, and for interments therein. They shall
also have power to make all needful repairs to buildings or property
under their control. But they shall by virtue of this section incur
no expense in excess of the sum appropriated therefor.
§ 409. The commissioners, or any one commissioner, shall have
power in the forms and with the provisions now prescribed by law
to indenture and bind out, as apprentices during their minority,
any minor children who may be committed to their care by any
police magistrate, and shall have, with reference to those so com-
mitted, and any minor children, the same powers in respect thereto
as are possessed by the managers of the house of refuge for
juvenile delinquents; 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.
§ 410. The commissioners, when so authorized by the court of
Sessions, may bind out any minor who has been committed as a
disorderly person to some lawful calling, as a servant, apprentice,
mariner, or otherwise, until he be of age ; or if any person so com-
mitted be of age, said commissioners may, when so authorized
contract for his service with any person as a laborer, servant,
apprentice, mariner or otherwise for not exceeding one year.
Such binding out or contract, pursuant to this section, has the
same effect as the indenture of an apprentice with his own consent
and that of his parents, and subjects the person bound out or con-
tracted to the same control of his master, and of the court of
Sessions, as if he was bound as an apprentice.
§ 411. Whenever, in any act or ordinance not inconsistent 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 of public charities and
correction, and in like manner the words governor or governors of
the alms-house shall be taken to mean the commissioner or com-
missioners referred to in this chapter.
$412. It shall be lawful for the board of public charities and
correction to commit to any of the institutions under their charge
other than penal, for a period not exceeding six months, any person
or persons committed to their charge by any police magistrate of
the city of New York, and such vagrants as ask for commitment.
$ 413. It shall be lawful for the said board, and it 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 board, 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 afore-
Id. $18.
May apprentice
and bind out
children.
60 N. Y. 386.
1871, ch. 607, $2,
Comp. 365,
1SH1, Ch. 442,
$910.
Bind out dig-
orderly person 8
1860, ch. 510, $24,
Comp. 360.
1871, ch. 607, $1.
Comp. 364.
Commitments.
1850, ch. 329, $9,
Comp. 364.
122 SUPERINTENDENTS OF THE POOIR.
859, ch. 491, §5,
Comp. 1421.
1867, ch. 843, §1,
Comp. 376.
1865, ch. 353.
1880, ch. 181, $1.
Board may per-
mit persons not
residing in N.Y.
city to be treated
in Bellevue hos-
ital.
roviso.
Money received
to be paid to the
comptroller.
1868, ch. 775, $2,
Comp. 375
Transfor of
orphan and
friendless chil-
dren.
1875, ch. 404,S$1,
4, Comp. 365.
Relief of the
blind.
1870, Ch. 424, $1,
Comp. 375.
Acts relating to
annual report8
extended to
commissioners.
See Rev. Sts. Pt.
1, ch. 20, title 1,
; 76, 77, 78;
842, ch. 214,
1849, ch. 100.
1870, ch. 424, $3,
Comp. 376.
Annual report
when to be
made.
Id. §6.
said. Provided that under this section no such person shall be
detained or committed to said work-house for a longer period than
six months.
§ 414. The said commissioners shall not, in the cases where by
law they are empowered to discharge vagrants from the institutions
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
ºl,S(2.
$ 415. No insane person shall be discharged from the lunatic
asylum of the said county without the certificate in writing of the
physician thereof, which certificate shall be filed and kept in said
asylum, stating that such discharge is safe and proper.
§ 416. The board of public charities and correction are hereby
authorized, in their discretion, to permit the reception and treat-
ment in Bellevue hospital of persons who do not reside in the city
of New York, provided that every person so received and treated
shall be required to pay such sum for board and attendance as may
be fixed by said board. All sums so paid shall be reported by the
said board to the comptroller, and paid over to the chamberlain once
in every three months, and shall be added to, and form a part of,
the annual appropriation made by the board of estimate and appor-
tionment for supplies for said department, and may be expended in
the same manner as the moneys appropriated for that purpose by
said board of estimate and apportionment.
$ 417. The board of public charities and correction are hereby
authorized to transfer to the care and charge of “The Shepherd's
Fold, of the Protestant Episcopal church, of the State of New
York,” such orphan and friendless children as are eligible by the
charter and constitution of said society.
§ 418. The said board is authorized and empowered to insert in
the annual departmental estimate of the expenditures required for
that department, directed to be furnished to the board of estimate
and apportionment, an item of expenditure for the relief of poor
adult blind persons in the city, not to exceed twenty thousand dol-
lars. Said board shall distribute the sum so appropriated each
year, in uniform sums, not to exceed fifty dollars to any one person,
to such poor adult blind persons, not inmates of any of the public
or private institutions in said city, as have resided in said city con-
tinuously for two years previous to the application for said relief,
and under such rules and restrictions as the said department may
deem necessary. tº *
§ 419. All the provisions of sections seventy-five, seventy-six,
seventy-seven, and seventy-eight, of chapter twenty, title one, part
one, revised statutes of the state of New York, as amended by
chapter two hundred and fourteen, laws of eighteen hundred and
forty-two, and chapter one hundred, laws of eighteen hundred and
forty-nine, relating to reports by superintendents of the poor of
the several counties of the state to the secretary of state, and the
penalties for the neglect of duties under said acts are extended to
and made applicable to the board of public charities and correc-
tion. The said board are hereby required to make an annual report
to the secretary of state, on or before the tenth day of January of
each year (covering the year ending November thirty), upon the
ORGANIZATION OF TIRE DEPARTMENT. 123
statistics of the poor required to be made by said acts. The secre-
tary of state shall, from time to time, furnish the said board with
the necessary forms, blanks, and instructions required in making
up reports upon the statistics of the poor.
§ 420. Any person who may have or hereafter shall come into
the city from any other state within the United States, shall not be
deemed and adjudged legally settled in the said city unless the
party shall first prove to the satisfaction of the board of public
charities and correction that after his or her arrival therein, he or
she, as the case may be, shall have acquired such requisites to con-
stitute a settlement as are necessary in and by the laws of such
state from whence he or she may have come as aforesaid.
§ 421. The father, mother, and children, of sufficient ability, of
a poor person who is insane, blind, old, lame, impotent or decrepit,
so as to be unable by work to maintain himself, must, at their own
charge, relieve and maintain him in a manner to be approved by
the commissioners of charities and correction. If a relative of a
poor person fails to relieve and maintain him as in this section pro-
vided, the said commissioners may apply to the court of sessions
for the order authorized by law in such cases. The action author-
ized by law for a failure to comply with an order of court requiring
the payment of a weekly sum for such support must be in the name
of the mayor, aldermen, and commonalty.
§ 422. When the court orders the prosecution of an undertak-
ing for the appearance at the court of sessions of a person charged
as the father or mother of a bastard, the prosecution must be by
the commissioners of charities and correction and the amount col-
lected must be paid into the city treasury.
§ 423. The security required according to law, that a wife or
children, abandoned, shall not be chargeable to the city, must be
Satisfactory to the commissioners of charities and correction.
CHAPTER XI.
THIE EIIRE I) EPARTMENT.
Title 1.-Organization, Duties, and Powers of its Officers and Members.
§ 424. The board of fire commissioners shall possess and exer-
cise, fully and exclusively, all powers, and perform all duties for
the government, management, maintenance, and direction of the fire
department of the city, and the premises and property thereof.
The said department shall have sole and exclusive power and
authority to extinguish fires in said city. All real estate, fire appa-
ratus, hose, implements, tools, bells, and bell-towers, fire telegraph,
and all property, of whatever nature, in use by the firemen or fire
department of the city, belonging to said city, shall be in the keep-
ing and custody of the fire department, and for the use of said
department. But the said property shall remain the property of the
mayor, aldermen and commonalty of the city of New York, subject
to the public uses of said department, as aforesaid, and for the
purposes provided by this chapter. And whenever any of the said
1813, ch. 86, $250,
Comp. 362.
1881, ch. 442,
§§914, 915, 920.
ſho may be
compelled to
Support poor
relatives.
1881, ch. 442,
$881.
Bastardy bond.
1881, ch. 442,
$924,
Abandonment
bond.
1865, ch. 249, §5,
Comp. 383,
Powers of de-
partment,
6 Daly, 425 ; 49
HOW. 67.
1865, ch. 249, $17,
Comp. 384.
Transfer of
§. of old
re department.
124 POWERS OF COMMISSIONERS.
Board to pro-
vide horses, ap-
paratus, etc.
1865, ch, 249, §6.
I(l. 7,
1877, ch. 51,
Comp. 1193.
Department to
control and
manage prop-
erty.
1873, ch. 335, $76,
Comp. 379, as
amended 1880,
ch. 521, $1.
Investigation of
the origin of
fires.
Inspector of
buildings to be
appointed.
1865, ch. 249, $14,
Coimp. 383.
Election of offi-
CCI'8.
See 1973, ch, 335,
§§28, 78
1871, ch. 742, $7.
Comp. 395.
Location of fire-
alarm telegraph.
Regulations for
control of tele-
graph.
property shall no longer be needed by the said department for the
purposes of this chapter, they shall surrender the same to the said
the mayor, aldermen, and commonalty. -
§ 425. The said board shall, subject to the other provisions of
this act, have full power to provide supplies, horses, tools, imple-
ments, and apparatus of any and all kinds (to be used in the
extinguishing of fires), and fire telegraphs, to provide suitable loca-
tions for the same, and to buy, sell, construct, repair, and have the
care of the same, and take any and all such action in the premises
as may be reasonably necessary and proper. -
§ 426. The board shall possess and exercise full and exclusive
power and discretion for the government, management, maintenance,
and direction of the several buildings and premises, and bell-towers,
and property, and appurtenances thereto, and all apparatus, hose,
implements, and tools of any and all kinds which may belong to or
be in the use of the said department.
§ 427. There shall be in this department four bureaus. One
bureau shall be charged with the duty of preventing and extin-
guishing fires and of protecting property from water used at fires,
the principal officer of which shall be called the “chief of depart-
ment.” Another bureau shall be charged with the execution of all
laws relating to the storage, sale and use of combustible materials,
the principal officer of which shall be called “inspector of com-
bustibles.” Another bureau shall be charged with the investigation
of the origin and cause of fires, the principal officer of which shall be
called “fire marshal.” Another bureau shall be known as the
“bureau of inspection of buildings.” The head of the bureau of
inspection of buildings shall be known as the inspector of buildings,
and the said bureau shall, under and subject to such rules, regula-
tions, and orders as may be established by the board of fire com-
missioners, have charge of all matters relating to buildings and
structures in the city of New York devolved on said department.
The “inspector of buildings” may be authorized by the board of
fire commissioners to perform any duty, or to exercise any power or
authority, intrusted to said department with reference to buildings
and structures.
§ 428. The said board shall have power to select heads of
bureaus and assistants and as many officers and firemen as may be
necessary, and the same shall at all times be under the control of
the said board, and perform such duties as may be assigned to them
by the said commissioners.
§ 429. Said board shall have exclusive right and power from
time to time to designate and fix the location of all fire-alarm tele-
graph, signal and alarm stations in the city, and to have access to
and the control of the same for the purposes of the department ; to
fix upon and adopt the colors or combination of colors in painting
the poles, boxes, and fixtures thereof, and the kind or style of keys
and appliances by which to operate the same ; to select and desig-
nate the places of deposit for keeping the keys of the various
stations, and to designate the officers and persons who shall be
intrusted with duplicate keys and authorized to use the same, and
to make from time to time such rules and regulations governing the
possession, return or use thereof, and as to the use and control of
said telegraph, as they may deem necessary; and no person other
POWERS OF COMMISSIONERS. 125
than the said commissioners or their officers and their employees
specially authorized to operate said telegraph, or to use the same
for instruction or drill, or policemen or citizens using the same for
communicating an actual alarm of fire, shall make use thereof; and
no person shall use the keys or appliances thereof for communi-
cating a false alarm, or experimenting or tampering with the same
for any purpose whatever, or have or possess any key thereof,
without such authority; and no person, association, corporation,
or company shall post, paint, impress, or in any way affix to any
pole connected with said fire-alarm telegraph, or any box, wire, or
other appliance connected there with, any placard, sign, broadside,
notice, or announcement of any kind, or cut, mutilate, alter, mar,
deface, cover, obstruct, or interfere with the same in any manner
whatsoever, or paint or cause to be painted, the poles of any other
telegraph, or any other poles on the lines thereof, of a similar color
or colors, or in imitation thereof, nor consent, allow, or be privy to
any of said things being done for them or upon their behalf; and
any offense against the provisions of this section shall be punished
as a misdemeanor, and subject the party or parties violating the
same to an additional penalty of one hundred dollars. No kite shall
be flown, raised, or put up in the streets or avenues adjacent to the
lines of said telegraph, or allowed to become entangled with the
wires or apparatus of said telegraph, under a penalty of ten dollars
for every such offense; and the board of police and their officers
are specially charged and directed to aid in the enforcement of this
section.
§ 430. The said board of fire commissioners shall, subject to the
other provisions of this act, provide such offices and business
accommodation as may be requisite for the transaction of the
business of the department and that of its subordinates. The
department may adopt a common seal and direct its use.
§ 431. The board of fire commissioners is hereby authorized,
empowered, and especially charged with the duties of enforcing
the several provisions of this chapter, and may, subject to the other
provisions of this act, incur any expense necessary and proper
therefor; and said board is hereby authorized and empowered to
receive and collect all license fees mentioned in this chapter, and to
sue for, and shall have the exclusive right of recovery of, any and
all penalties imposed under this chapter, and may sue for and
recover and collect the same, with costs, in the manner provided
for in actions under the code of civil procedure, and shall apply
the same to the uses and purposes of the relief fund of the fire
department in the city of New York, and the said board may bring
any suit or action for the enforcement of its rights and contracts,
and for the protection, possession, and maintenance of the property
under the control of said department ; and any action to recover
any fee, fine, or penalty under this chapter may be brought in any
of the district courts in said city; and the attorney to the fire
department shall, under the direction of said board, take charge of
the prosecution of all suits or proceedings instituted for the
recovery and collection of penalties, and the enforcement of the
several provisions of this chapter ; collect and receive all moneys
upon judgments, suits, or proceedings so instituted; pay all costs
and disbursements, and discontinue suits and proceedings, and
Making false
alarm.8 or muti-
lating poles and
wires.
Flying of kites
adjacent to tele-
graph.
1865, ch. 249, $13,
Comp. 383.
Business offices.
1871, ch. 742, $12,
Comp. 399.
Enforcement of
this act.
License fees.
Suits or actions
how brought.
1865, ch. 385, $22,
Comp. 383.
Duties of attor-
ney to the de-
partment.
126 POWERS OF COMMISSIONERS.
Payment of
money8 to treas-
urer of relief
fund.
1873, ch. 335, $76,
as amended,
1880, ch. 521, $1.
Attorney to the
fire department.
1865, ch. 249, $8,
Comp. 383, .
When commig-
Hioners shall be
deemed to have
vacated their
office.
1865, ch. 249, $24,
Comp. 386.
Uniform3 and
badges.
ſ865, ch. 249, $21,
Comp. 385.
{*ena º for un-
Jawfully wear-
ing uniform,etc.
1855, ch. 112, $17,
Comp. 386.
Deceptions and
falBe alarm.8.
1873, ch. 335,578,
as amended
1873, ch. 757, $11,
Comp. 380,
Membership.
1870, ch. 137, $51,
Comp. 381.
Sce 1873, ch, 335,
#77
Resignation,
how made.
execute satisfaction of judgments upon payment of penalties, or
costs, and in compliance with orders made in such suits and pro-
ceedings; shall keep a correct and accurate register of all suits and
proceedings, and account for all moneys received and paid out
thereon ; and shall pay over to the treasurer of the relief fund the
amount of all license fees, penalties and moneys received and
collected by him, and the said board is authorized to settle or com-
promise any such suit or judgment for less than the amount of the
same, in case, in their judgment, they are satisfied that payment of
the full amount cannot be collected.
§ 432. The board of fire commissioners may appoint a person
regularly admitted to the bar, and practicing in the city of New
York, to be attorney to the fire department. He shall perform, as
attorney, such duties connected with the fire department as are
prescribed by this chapter, and as may be required of him by the
board of fire commissioners. He shall be removed for cause, and
after an opportunity to be heard.
§ 433. Any commissioner who shall, during the term of his office,
be publicly nominated for any office elective by the people, and who
shall not decline the said nomination within ten days succeeding
notice of the same, shall be deemed to have vacated his office.
§ 434. It shall be the duty of said department to make suitable
regulations under which its officers and men shall be required to
wear any appropriate uniform and badge, by which in case of fire
and at other times, the authority and relations of such officers and
men in said department may be known as the exigency of their
duties may require. It shall be a misdemeanor, punishable by
imprisonment in the county jail for a period of not less than sixty
days, for a person not enrolled or employed, or appointed by the
said department, to wear the whole or any part of the uniform or
insignia prescribed to be worn by the rules or regulations of the
board, or do any act as firemen not duly authorized by the com-
missioners, or to interfere with the property or apparatus of the fire
department in any manner, unless by the authority of the depart-
ment. Any person who shall falsely represent any of the members
of the fire department, 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 said 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 to imprisonment for a term not less than ten days, or more
than three months, such fines, when collected, to be paid over to
the trustees of the New York fire department relief fund. o
§ 435. No person shall ever be appointed to membership in the
fire department, or continue to hold membership therein, who is
not a citizen of the United States, or who has ever been convicted
of crime, or who cannot read and write understandingly in the English
language, or who shall not have resided within the state one year.
§ 436. No member of the fire department shall, under penalty
of forfeiting the salary or pay which may be due to him, withdraw
or resign, except by permission of the board of fire commissioners.
Unexplained absence, without leave, of any member of the uniformed
force, for five days, shall be deemed and held to be a resignation by
such member, and accepted as such.
TJNIFORMED FORCE OF THE DEPARTMENT. 127
§ 437. No person holding office under this department shall
pe liable to military or jury duty, nor to arrest on civil process,
or, whilst actually on duty, to service of subpoenas from civil
courts.
§ 438. Every member of the uniformed force, shall have issued
to him, by the board a proper warrant of appointment, signed by
the president of the said board, and secretary or assistant secretary,
which warrant shall contain the date of his appointment and his
rank.
§ 439. Each member of the uniformed force shall take an oath
of office, and subscribe the same before an officer of the department
empowered to administer an oath.
§ 440. The government and discipline of the fire department
shall be such as the board may, from time to time, by rules, reg-
ulations, and orders prescribe. The board shall have power, in its
discretion, on conviction of a member of the force of any legal
offense or neglect of duty, or violation of rules, or neglect or dis-
obedience of orders, or incapacity, or absence without leave, or any
conduct injurious to the public peace or welfare, or immoral con-
duct, or conduct unbecoming an officer, or other breach of dis-
cipline, to punish the offending party, by reprimand, forfeiting and
withholding pay for a specified time, or dismissal from the force;
but no more than ten days’ pay shall be forfeited and withheld for
any offense. Officers and members of the uniformed force shall be
removable only after written charges shall have been preferred
against them, and after the charges have been publicly examined
into, upon such reasonable notice to the person charged, and in
such manner of examination as the rules and regulations of the
board of fire commissioners may prescribe.
§ 441. An intention to reduce the force and expense of the
bureau of inspection of buildings, or the clerical force of the depart-
ment, shall be deemed sufficient ground for the removal of any
officer or employee of said bureau, except the chief officer thereof,
and of any clerk in the department. The board of fire commis-
sioners is authorized to abolish any office, clerkship, or employ-
ment in said bureau of inspection of buildings, and they may con-
solidate the duties of any two or more officers, clerks, or employees
thereof. ;
§ 442. The salary attached to either of the following positions
in the fire department shall not exceed the sum here designated as
the maximum salary of such position when held by any person
appointed to the uniform force of said fire department after May
twenty-ninth, eighteen hundred and eighty : For chief of battalion,
two thousand dollars; for a foreman, fourteen hundred dollars; for
an assistant foreman, thirteen hundred dollars; for an engineer of
steamers, twelve hundred dollars; for an assistant engineer of
steamers, eleven hundred dollars. The members of the uniform
force, appointed after May twenty-ninth, eighteen hundred and
eighty, shall, on their appointment, become members of what shall
be known as the third grade, at a salary of eight hundred dollars
per year; after two years of service in such third grade, they shall,
if their conduct and efficiency have been satisfactory, be advanced
to what shall be known as the second grade, at a salary of nine
hundred dollars per year; after two years' service in such grade,
1870, ch. 137, $58,
Comp. 382.
Firemen ºx-
empt from jury
duty and civil
arrest8.
Id. §61,
Warrant.8 of
appointment.
Id $62.
Oaths of Office.
1873, ch. 335, $77,
:omp. 379.
Discipline, rules,
orders, etc.
1870, ch. 137, $60,
Comp. 382.
Punishment of
members of
force by dis-
missa], etc.
77, N.Y. 143.
Fines.
1873, ch. 335, $77,
Comp. 379.
1873, ch. 335, $16,
a8 amended
1880, ch. 521, §1,
1873,ch.335, $116,
as amended
1880, ch. 521, $2,
*
Salaries of fire
department.
Grading of fire-
Iſle Il.
128 FIRES AND THEIR EXTINCTION.
1865, ch. 249, $26,
Comp. 386.
Fire department
and police to
co-operate.
1865, ch. 249, $15,
Comp. 384.
Right of way.
Penalty for re-
fusing right of
way.
1831, ch. 742, $9,
Comp. 398.
Hose-bridges on
railway tracks.
1871, ch. 742, $6,
Comp. 395.
Obstructions of
fire-hydrants.
Removal of
8mow, ice, etc.
1873,ch.726,S$1,2,
Comp. 387.
Corps of 8apperH
and 1miner8.
they shall on like conditions, be advanced to what shall be known
as the first grade, at a salary of one thousand dollars per year.
But no member of such uniformed force shall be so advanced, as
aforesaid, except after examination and approval of his record,
efficiency, and conduct by the board of fire commissioners.
§ 443. It shall be the duty of the fire department and of the
police board, their respective officers and men, to co-operate to-
gether in all proper ways, and the said board and department may
respectively provide for protection against fire, and for the arrest
of all persons who may at or near any fire commit, or attempt to
commit, any crime against the laws of this state, or violate any
rule or regulation of said board or department.
Title 2. — Fires and their ſºclinction.
§ 444. The officers and men of the fire department, with their
apparatus of all kinds, when on duty, shall have the right of way
at any fire, and in any highway, street, or avenue, over any and all
vehicles of any kind, except those carrying the United States mail.
And any person in or upon or owning any vehicle, who shall refuse
the right of way, or in any way obstruct any fire apparatus, or any
of said officers, while in the performance of duty, shall be guilty of
a misdemeanor, and be liable to punishment for the same.
§ 445. The board of fire commissioners is empowered to provide
for the laying on the railway tracks of the city, over the hose used
by the department for the extinguishment of fires, of such hose-
bridges as they may deem necessary; and the various horse and
steam railway companies running cars within the limits of the city
of New York shall provide and use such hose-bridges as may be
designated by the board of commissioners of the fire department.
Such bridges shall be paid for by the railway companies using the
$8,10 €.
§ 446. No person shall in any manner obstruct the use of any
fire-hydrant in said city, or allow any snow or ice to be thrown or
piled upon or around the same, or have or place, or allow to be
placed, any material in front thereof, from the curb-line to the
centre of the street, and to within ten feet from either side thereof,
and all snow and ice accumulating within such space shall be
removed by the owner or owners, lessee or lessees, of the premises
fronting the same in the same manner as is prescribed for the
keeping clear of the sidewalk, under a penalty of ten dollars for
each and every such offense ; and any and all material found as an
obstruction, as aforesaid, may be forthwith removed by the officers
or employees of said board, and at the risk, cost and expense of the
owner or claimant, and said board may take all proper measures to
keep said hydrants from freezing and in proper condition for use at
all times. 3
§ 447. The board of fire commissioners is hereby empowered
and directed to maintain in the fire department a corps to be known
as the corps of sappers and miners. Said corps shall be composed
of not exceeding three members, either officers or private firemen,
of each company in said fire department, and said members shall
be appointed by said board, upon the nomination of the chief
ITIRES AND THEIR EXTINCTION. 129
engineer of said fire department. The said board shall appoint a
suitable officer, who shall be skilled in the use of explosives, whose
duty it shall be to instruct and drill said corps in the use of
explosives, and to give said corps such other instruction as may be
required to qualify them to effectually discharge the duties imposed
upon them by this title. Such officer shall receive an annual salary
of two thousand dollars, and such salary shall be raised and paid
in the same manner as the salaries of the other officers appointed
by said board.
§ 448. Whenever, under and by virtue of the acts relating to
the extinguishment of fires in said city, the destruction or º
down of any building or buildings shall be deemed necessary, and
shall be jº by the officer in command at any fire in said city.
it shall be the duty of said corps, or any member or members
thereof, by the direction of the said officer in command at such fire,
to level and destroy such building or buildings by the use of explo-
sives, for the purpose of arresting the spread of such fire, and it
shall be lawful for them to enter and take possession of the same
for such purposes.
§ 449. The board of fire commissioners shall establish, in the
city of New York, one or more depots for the storage and safe
keeping of such explosives as may be required for the use of said
corps, and may limit the quantity of any such explosives to be kept
at any One of such depots.
§ 450. When any building or buildings in the city of New 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 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. Upon the application
of any person interested in such building so pulled down or
destroyed, to the court of common pleas it shall be its duty to issue
a precept for a jury to inquire of and assess the damages which the
owners of such building 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, execu-
ted, returned, and proceeded upon, and the proceedings thereon
shall take effect, as nearly as may be, in such manner as by the sec-
ond and fourth titles of chapter sixteen of this act is provided in
the case of land taken for public purposes; and the said inquiry
and assessment having been confirmed by the said court, the sums
assessed by the said jury shall be paid by the said mayor, alder-
men and commonalty to the respective persons in whose favor the
jury 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 court, before whom such
process shall be returnable, shall have power to compel the attend-
ance of jurors and witnesses upon any such assessment of damages.
§ 451. During the actual prevalence of any fire, it shall and may
be lawful for the officers of the police and fire departments 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 their judg-
Officer for drill
corps.
Id. $3.
When buildings
to be pulled
down.
1873, ch. 726, §4.
Comp. 387.
Depots for stor-
age of explo-
sives.
1813, ch. 86, $81,
Comp. 412.
Buildings, when
to be pulled
down.
17 Wend, 285; 18
id. 126; 20 id.
139; 25 id. 157; 9
Paige, 568; 2
Denio, 461; 3
Zabriskie (N.J.),
9,590.
Payment to per-
Sons sustaining
loss.
Id. §82.
Idle and suspi-
cious persons
may be removed
from fires,
Officers,
9
130 I?IłI, WIENTION OF FIRES.
1871, ch. 584, $2,
Comp. 418.
1880, ch. 169, $1.
Shavings, how
stowed away.
1871, ch. 742, $5,
Comp. 395.
1880, ch. 169, $1,
unchanged. .
Kindling ſire in
streets, etc.
Penalty.
1866, ch. 873, §56,
Comp. 403, as
amended 1880,
ch. 169, $1.
1871, ch. 742, $8,
Comp. 396.
Closing of hoist-
ways, trap-doors,
and iron shut-
terB.
Liability in civil
actions for neg-
Jigence, etc.
ment, in aiding the extinguishment of such fire or in the preserva-
tion of property in the vicinity thereof.
Title 3.−Prevention of Fires. Eacplosive and Combustible
Materials.
§ 452. All carpenters or others in said city making or using
shavings, shall, at the close of each day, cause the same to be
securely stowed in some safe place remote from danger by
means of fire, under the penalty of five dollars for each omis-
sion so to do. No person shall kindle any fire nor furnish the
materials nor in any way authorize or allow any fire to be made
in any street, road, alley, lane, or upon any pier, wharf or bulk-
head in said city, except under such regulations as shall be estab-
lished by said board of fire commissioners, under a penalty of ten
dollars for each and every such offense. If any chimney, stove-pipe
or flue within the said city shall take fire the occupant of the prem-
ises to which such chimney, stove or flue appertains shall forfeit
the sum of five dollars.
§ 453. All hoistways, well-holes, trap-doors and iron shutters
shall be closed at the completion of the business of each day by
the occupant of the building having use or control of same, and
in case of a violation of this provision, such occupant having
the use or control thereof shall forfeit and pay a penalty of fifty
dollars for each and every neglect or omission so to do. And for
any accident or injury to life and limb, resulting directly or indi-
rectly from any neglect or omission to properly comply with any
of the requirements of this section, the person or persons culpa-
ble or negligent in respect thereto shall be liable to pay to any
officer, agent or employee of said board injured, or whose life may
be lost (resulting from such neglect or omission) while in the
discharge or performance of any duty imposed by said board, or
to the wife and children, or to the parents, or to the brothers
and sisters, being the surviving heirs-at-law of any deceased
person thus having lost his life, a sum of money in case of in-
jury to person not less than one thousand dollars, and in case
of death not less than five thousand dollars, such liability to
be determined and such sums recovered in an action to be instituted
by said board for and in behalf of any person injured, or the family
or relatives of any person killed as aforesaid; and any and all per-
sons for any fire resulting from his or their willful or culpable
negligence, or criminal intent or design, shall, in addition to the
present provisions of law for the punishment of persons convicted
of arson, be liable in a civil action for the payment of any and all
damages to the person and property the result of such fire, and also
for the payment of all costs and expenses of said board incurred in
and about the use of employees, apparatus and materials, in the
extinguishment of any fire resulting from such cause, the amount of
such costs and expenses to be fixed by said board, and when col-
lected shall be paid into the relief fund of said department herein
created; and shall also be liable for injury to person or loss of life
of any officer, agent, or employee of said board, in the same manner
and like extent, and to be sued for in like manner as in the pre-
ceding part of this section provided for.
EXI?IOSIVE AND COMIBUSTIBLE MATERIALS. 131
§ 454. All lights used in theatres and all other places of public
amusement, manufactories, stables, or in show windows, shall be
properly protected by globes, glass, coverings, or in such other
manner as said board shall prescribe, under the penalty of ten
dollars for each omission to do so. The proprietors of all manu-
factories, hotels, tenement houses, boarding and lodging houses,
warehouses, stores and offices, theatres and music halls, and
the authorities having charge of the public schools and other
public buildings, churches and other places where large numbers
of persons are congregated for purposes of worship, instruction
or amusement, shall provide such means for communicating
alarms and extinguishing fires, and communicating necessary infor-
mation to the police, as said board and board of police shall
prescribe. And said board of fire commissioners may detail,
not to exceed two members of the fire department, at each and
every place of amusement where machinery and scenery are
used while such place is open to the public, whose duty it shall
be to guard against fire, and have charge and control of the
means provided for its extinguishment, and shall have the con-
trol and direction of the employees of the place to which they may
be detailed for the purpose of extinguishing any fire which may
occur therein.
§ 455. No person shall manufacture, have, keep, sell, or give
away any gunpowder, blasting powder, gun cotton, nitro-glycer-
ine, dualin, or any explosive oils or compounds, within the cor-
porate limits of the city of New York, except in the quantities
limited, in the manner and upon the conditions herein pro-
vided, and under such regulations as the board of fire commis-
Sioners shall prescribe; and said board shall make suitable pro-
vision for the storage and safe-keeping of gunpowder and other
(langerous and explosive compounds or articles enumerated un-
der this title, beyond the interior line of low-water mark in the
city and county of New York. The said board may issue licenses
to persons desiring to sell gunpowder or any of the articles men-
tioned under this section at retail, at a particular place in said
city to be named in said license (provided that the same shall
not be in a building used in any part thereof as a dwelling, un-
less specially authorized by said license), and persons so licensed
may have on their premises, if actually kept for sale, a quan-
tity, not exceeding at any one time, of nitro-glycerine, five pounds;
of gun-cotton, five pounds ; of gunpowder, fourteen pounds;
blasting powder, twenty-five pounds; and all of said articles shall
be put up in tight metallic canisters, containing, or capable of
containing, not more than one pound each ; and the person so
licensed shall place on some conspicuous part of the front of each
of the stores or buildings in which they may be licensed to sell
powder, or any of the articles named under this section, a sign, on
which shall be distinctly printed, in characters legible to persons
passing such stores or buildings, the words “licensed to sell gun-
powder,” or designating such other of the articles herein named as
is there offered for sale; and every barrel, cask, canister, bottle,
can, vessel, box or parcel, in which the same is sold, or into which
the same is delivered on being sold, shall be distinctly labeled with
a printed sign or label, printed upon or firmly affixed thereto,
1871, ch. 742, §5,
}omp. 395.
Lights in thea-
tres, stables, etc.
Fires in hotels,
theatres,
churches, manu-
factories, etc.
Firemen at
places of amuse-
ment having
scenery, etc.
1871, ch. 742, $2,
Comp. 391.
Gunpowder, ex-
plosive oils and
compounds.
Storage.
Licenses for re-
tailing gunpow-
der, etc.
Quantity.
How labeled.
132 IXI?LOSIWI) AND COMBUSTIBLE MATTERIALS.
describing the article contained therein, with the word “danger "
Manufacture of, distinctly painted below the same. No nitro-glycerine, dualin, or
º”" gunpowder shall be manufactured in said city, and no quantities of
nitro-glycerine, dualin, or gunpowder greater than above provided
Transportation shall be kept, carried, or conveyed within said city; except that for
Of. the purposes of distribution to or delivery from stores and buildings
in said city, a quantity not more than five quarter casks may be
carried at any one time, during the daytime, for the purpose of
transportation from any vessel, or sending the same to said stores
or buildings, or any vessel or place without said city; provided,
that in the carrying or conveying the same it shall be protected by
being completely and securely covered with a leather or canvas
Nº cover or case, and marked “gunpowder.” The commander, owner
...ie."...cºn or owners of any ship or other vessel arriving in the harbor of New
oard. York, and having more than twenty-eight pounds of gunpowder,
dualin, or nitro-glycerine on board, shall, within forty-eight hours
after the arrival, and before such ship or vessel shall approach
nearer than three hundred yards of any wharf, pier, or slip, to the
southward of a line drawn through the center of Seventy-third
street, immediately give written notice to the said board of the fact
that such powder or nitro-glycerine is on such vessel; but it shall
be lawful either to proceed with such ship or vessel to sea, within
forty-eight hours after her arrival, or to tranship such gunpowder,
dualin, or nitro-glycerine from one ship or vessel to another, for the
purpose of immediate transportation, without landing the same ;
provided, however, that the provisions of this section shall not
apply to any vessel receiving gunpowder on freight on any one day,
provided such vessel do not remain at any wharf of the said city, or
seizure of gun be within three hundred yards thereof, after sunset. All gun-
ºil powder, gun-cotton, blasting powder, dualin, nitro-glycerine, or
tion hereof, other explosive compound, found in violation of this section, shall
be forthwith seized and safely stored, and be sold, upon three
days' notice to the owner or claimant ; and the proceeds of such
sale, after deducting all expenses, shall be forfeited and paid over
to and for the use and benefit of the relief fund of the fire depart-
Provision not to ment in the city of New York. Nothing contained in this section
º” “” shall be construed to 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 wharves,
piers, or slips of the said city.
1871, ch. 742, $3. $456. No fireworks, detonating works, cartridges, powder train,
º;, percussion caps, collodion, nitrate of soda, nitrate of silver, ether,
lºg of phosphorus, matches, or explosive compounds shall hereafter be
Šºći, etc. manufactured, stored, or kept upon sale in the city, except at Such
** places, in such manner, and in such quantities as shall be deter-
mined by the said board in the exercise of their discretion, under a
permit by them granted therefor, and subject to be revoked at any
§§§.". time by said board. Fireworks, consisting of Chinese crackers,
; "" rockets, blue-lights, candles, colored pots, lance-wheels, and other
works of brillant-colored fires, may be kept upon sale intervening
the tenth day of June and the tenth day of July in each year, by
retail dealers, under such reasonable regulations as said board may
prescribe, under a permit issued therefor; and no quantity of the
following-named chemicals, acids and combustible materials greater
EXI? IO SIVE AND COMI3USTIBLE MATEL'IALS. 133
than as hereinafter enumerated, shall be stored or kept in or upon
any one building within the city, namely : Sulphur, one thousand
pounds; manufactured matches, five hundred pounds; saltpetre,
nitrate of soda, five hundred pounds in the whole ; nitrate of silver,
collodion, ether, phosphorus, fifty pounds in the whole ; cartridges,
percussion caps, powder train, one hundred pounds in the whole ;
aqua fortis, muriatic acid, nitric acid and sulphuric acid, not
exceeding one thousand pounds in the whole ; tar, pitch, rosin,
turpentine, one hundred barrels in the whole, except the same shall
be stored and kept in such building and manner as said commis-
sioners may require, under a special permit by them issued
therefor.
§ 457. No person shall have, keep upon sale, or store in any
place or building within the corporate limits of the city, any
crude petroleum, coal, or any similar oil, nor any of their pro-
ducts, either of which shall emit an inflammable vapor at a
temperature below one hundred degrees of Fahrenheit, except
under the following provisions: or any of their products may be
stored in detached and properly ventilated warehouses, the outer
walls of which shall be stone, brick or iron, especially adapted for
the purpose, by having raised sills, at least two feet high, or the
ground floor of which shall be at least two feet below the level of
street or adjoining yard, or so constructed as to actually prevent
the overflow of such substances beyond the premises where the
same may be kept or stored ; which said warehouses shall not be
occupied in any part as a dwelling; and if less than fifty feet from
any adjacent dwelling the same must be separated by a brick or
stone wall at least ten feet in height and sixteen inches thick, con-
structed in such manner as said commissioners may prescribe, but
the same may be stored in such other manner as said commissioners
may designate under a special permit issued therefor. No refined
petroleum, kerosene, coal, or similar oil, or earth or rock oil, or
machinery oil, or any product thereof to be used for illuminating
or heating purposes which shall emit an inflammable vapor at a
temperature below one hundred degrees Fahrenheit, shall be kept
upon sale or stored within the corporate limits of the city. All
said articles shall be tested and their quality determined by sani-
tary surveyors authorized by said commissioners, using G. Taglia-
bue's instruments, or such other instruments as may be designated
by said commissioners, the barrels or packages containing the same
to be legibly stamped or marked with said inspector's official stamp
Or mark. No refined petroleum, kerosene, gasoline, naphtha, or
benzine, benzole, camphene, or burning fluid, or products or com-
pounds containing any of said substances, when temporarily placed
above the cellar or basement of any building, and in barrels of not
over forty-five gallons each, or in metallic vessels or tanks, shall
exceed in the whole quantity the contents of fifty of said barrels,
provided, however, that the whole quantity of said refined oils
that may be so kept or stored over night shall not exceed the con-
tents of ten of said barrels, unless stored in the manner provided
for storing crude petroleum ; and when stored in cellars or base-
ments, surrounded by walls of brick or stone, and at least two feet
below the level or grade of the sidewalk, street, or land adjacent,
the whole quantity shall not exceed the contents of one hundred
Chemicals and
acids.
Tar, pitch, tur-
pentine, etc.
1871, ch. 742, $4,
Comp. 393.
Crude petro-
leum and coal
oils
Warehouses for.
Petroleum, kero-
Sene, etc.
1866, ch. 873, §51
Comp. 405.
How, tested.
Nnmber of bar-
rels of, above
cellar.
Storage in
cellars.
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EXAMINATION OF IBUILDINGS. 135
If any fire insurance company, organized under the laws of this
state, or any insurance company of any other state, or any foreign
insurance company authorized to do the business of insurance in
this state, shall indorse upon any policy issued by them the right
or privilege to keep, deal in, give away, sell, or use any article Or
compound of a combustible or explosive character, the sale of which
is made unlawful by any act of the legislature of this state, or shall
cause or permit such indorsement to be made by others upon their
policies of insurance, they shall for each and every such offense
forfeit and pay a fine of five hundred dollars.
§ 460. It shall be unlawful for the owner, or for any of the
officers, employees, or crew of any ship, vessel, canal boat, barge,
lighter, boat or other craft lying at or within one hundred and fifty
feet of any warehouse, yard, shed, dock, pier, bulkhead, wharf, or
other place within the county of New York, at, in, or on which
petroleum oil, or any of its products, is stored, or kept for export,
or in quantities exceeding ten thousand gallons; or for any other
person or persons to bring, keep, have, or use, or suffer or permit
to be brought, kept, had, or used on board of any such ship, vessel,
canal boat, barge, lighter, boat, or other craft, or at, in, or on any
such warehouse, shed, yard, dock, pier, bulkhead, wharf, or other
place, any lighted match, or lighted cigar, cigarette, or pipe, or any
fire or light of any kind, without, or otherwise than in strict
conformity to the written permission of the owner, lessee, or
Superintendent of such warehouse, shed, yard, dock, pier, bulkhead,
wharf, or other place, specifying the fire or light to be kept, had or
used, the particular purpose for, and the place or spot at which the
same may be so kept, had or used, and the particular manner of
keeping, having or using the same. This section shall not apply to
steam tugs while transacting their ordinary business, nor to steam
fire engines engaged in extinguishing fires. Every violation of this
section shall be a misdemeanor, triable before the court of special
SGSSTO]].S.
$461. No quantity of the following named clemicals and com-
bustible materials greater than is hereinafter enumerated shall be
stored or kept in, or upon any one building within the city, namely:
Hemp or flax, unbaled, two thousand pounds in the whole; varnish,
rosin, twenty barrels in the whole ; alcohol, pure spirits, campliene,
burning fluid, five barrels in the whole; unslacked lime, ten barrels;
vitriol, five carboys in the whole; loose wood shavings, one hundred
pounds; except the same shall be stored and kept upon an open
Space of ground, surrounded by a wall constructed entirely of fire-
proof materials, at least twelve feet high and twelve inches thick;
or within a fire-proof building remote or distant at least fifty feet
from any adjacent building.
§ 462. No quantity of cotton, hay, straw, flax, hemp, husks,
rushes, oakum, rags, sea-weed, jute or other vegetable fiber when
pressed or baled, greater than twenty tons in the whole, shall be
stored or kept in any building within the city of New York, unless
kept in a building fire-proof throughout, or upon an open space of
ground surrounded by a wall constructed entirely of fire-proof
materials, at least twelve feet high and twelve inclies thick, or
within a fire-proof building remote or distant at least fifty feet from
any adjacent building, or in a building approved by the New York
Policies cover-
ing 8ale of pro-
#. COIn-
pounds.
1879, ch. 324, $1,
Comp. 414.
Fire or light on
vessels, etc.,
within 150 feet
of places where
petroleum is
stored.
Exceptions.
Penalty.
1866, ch. 873,
§§55, 51, Comp.
406.
Regulations in
regard to chemi-
C&IS.
1881, ch. 467, §1.
Storing of more
than twenty tons
of hay, etc., pro-
hibited, except
in fire-proof
buildings, etc.
136 EXAMINATION OF BUILDINGS.
Uncovered hay,
etc., keeping of.
1871, ch, 772, $9,
Comp. 397.
Right to enter
8tables, vessels,
Čtc.
Deposit of
a8hes.
1866, ch. 873, $57,
Comp. 407.
Notice to remove
OT 80CUITO COID-
bustible mate-
rials.
1868, ch, 873, $57,
Comp. 407.
Collection of ex-
pense of removal
1871, ch. 742, $9,
Comp. 397.
ºil,
Comp. 399.
Non-enumerated
fines and penal-
tic8.
board of underwriters or the commissioners of the fire department,
and of which approval a certificate shall have been issued by either
of said boards, and shall not have been revoked ; and none of the
articles enumerated in this section, when loose or not baled, shall
be kept as aforesaid in quantity exceeding one thousand pounds in
the whole; excepting in a private stable, in which may be kept such
loose hay and straw in quantity not exceeding twenty-five hundred
pounds in the whole. No person shall have, put or keep any hay
or straw uncovered in any stack or pile, or in any other way
exposed, within one hundred yards of any building in said city, or
shall have, put or keep within said city any hay, straw, hemp, flax,
shavings or rushes in any building not built of stone or brick or
iron, or covered with tile or slate or other fire-proof material, which
is or shall be within ten feet of any dwelling-house or chimney
whatsoever.
§ 463. The commissioners and their officers or agents, under the
direction of said commissioners or either of them, are hereby
empowered at any and all times to enter into and examine all build-
ings, dwelling-houses, livery and other stables, hay-boats, or vessels,
and places where any merchandise, gunpowder, hemp, flax, tow
hay, rushes, firewood, boards, shingles, shavings, or other combust-
ible materials may be lodged, for the purpose of ascertaining all
violations of any of the provisions of this title, and also the places.
where ashes may be deposited, and upon finding that any of them
are defective or dangerous, or that a violation of this title exists
therein, may deliver a written or printed notice, containing an
extract from this title, of the provisions in reference thereto, and
notice of any violation thereof, and notice to remove, amend, or
Secure the same within a period to be fixed therein. And in case of
neglect or refusal on the part of such occupant or of the possessor
of such combustible materials, or any of them, so to remove, amend,
or secure the same within the time and in the manner directed by
the said commissioners in such notice, the party offending shall
forfeit and pay, in addition to any penalty otherwise imposed, the
Sum of twenty-five dollars, and the further sum of five dollars for
every day's neglect to remove, amend, or secure the same after being
So notified. All the expenses of any removal, alteration or amend-
ment as aforesaid, shall be paid in the first instance by the occupant,
but shall be chargeable against the owner of such dwelling-house
or other building, and shall be deducted from the rent of the
same unless such expense be rendered necessary by the act or default
of such occupant, or unless there be a special agreement to the
contrary between the parties.
§ 464. All persons or corporations who shall be required to
have and obtain permits shall furnish such information as may be
required, touching the condition of any building and the business.
therein proposed to be conducted, preliminary to obtaining such
permits. -
§ 465. Any person, persons, or corporation, for the violation of,
or non-compliance with, any of the several provisions of the sev-
eral sections of this title, when the penalty is not therein specially
provided, shall severally forfeit and pay a fine or penalty in the sum
of fifty dollars for each and every offense, or shall forfeit and pay
the penalties respectively imposed under any of said sections,
IN WIESTIGATION () F () RIGIN OF FIRES. 137
and shall also be severally liable for the removal, amendment, or
abatement of any violation of, or non-compliance with, any require-
ment under said sections, and shall also be severally liable for the
payment of the further penalty of the sum of fifty dollars for any
violation of, or non-compliance with, any regulation, Order or
special direction issued by said commissioners, as authorized under
this chapter. Said commissioners may, in their discretion, pay a
portion of a fine, or penalty, when collected, not to exceed one-half
thereof, to an informer.
Title 4.—Fire Marshal and Investigation of Origin of Fires.
§ 466. Said board of fire commissioners are hereby authorized
and empowered to investigate, examine, and inquire into the Origin,
details, and management of fires in said city, and also of any Sup-
posed cases of violations of any of the provisions of this chapter, or
of any of the several regulations, orders, or special directions issued
by said board for the purpose of the discovery of any delinquency
in the non-performance of duty or violation of discipline on the
part of any officer, agent, or employee of said board, or any sup-
posed cases of arson or incendiarism, which may be brought to
their notice ; and said board, in and about any examination, inves-
tigation or inquiry, authorized hereby, touching any matter or thing
there with connected, may subpoena and compel the attendance of
any person or persons, and the production of any books, papers,
archives or documents in his or their possession, or under his or
their control, in the judgment of said board, connected with and
necessary to such examination, investigation, or inquiry, before
them, at the time and place therein named ; and for the purpose
aforesaid, their attorney may at any time obtain to be issued sub-
poenas out of the supreme court, tested under the name of a jus-
tice of said court, in like form and with like effect as though issued
by said justice in any action pending in a court of record ; and said
subpoena may be served, and proof of such service may be made, in
the same manner as now by law provided for the service of sub-
poenas out of the said court; and upon proof of service and proof of
non-compliance, failure to attend and testify on the part of any
person or persons, as required by said subpoena, or a failure or
refusal on the part of any person or persons to produce any such
books, papers, archives, or documents in his or their possession,
Or under his or their control, or a failure or refusal on his or their
part to answer any question put to him or them, and pertinent
thereto, upon any examination, inquiry, or investigation as aforesaid,
application may be made before any justice of said court, who shall,
in case he shall decide such question pertinent and proper to be
answered, thereupon cause to be arrested, and may punish as for a
contempt of the orders of said court, the person or persons named
in said subpoena, and in such case the laws, rules, and proceedings
relating to punishments for contempts, and usual in said court, or
before any justice thereof, shall be applicable thereto. Said com-
missioners, in conducting any examination or inquiry as aforesaid,
are hereby authorized to administer any oath or affirmation in
the matter, and any false swearing under said oath or affirmation
Part may be
paid to infor-
Iſle I’.
871, ch. 742, $10,
Comp. 398.
Investigations
as to fires and
violations of
regulations.
73 N. Y., 437.
Witnesses,
books and
papers.
Subpoenas-
Penalty.
Oaths.
138 IDUTIES () [' FIRE MARSHAL.
Testimony,
To be kept.
1871, ch. 584, $3,
Comp. 418.
I'ire marshal
may enter build-
ings, etc.
To report de-
fects to police
department.
See, 1873, ch.
335, $76
Fire marshal to
make alteration,
etc., if owners
neglect.
1868, ch. 563, $2,
Comp. 415.
Fire marbhal to
inquire into
causes of fireş.
May take testi-
mony and Bub-
mit reports in
writing.
thus administered shall be perjury and punishable as such in such
anner as now provided under the laws applicable thereto; and
said examination or investigation may be continued and adjourned
by the said commissioners conducting the same, from time to time,
and at such time and place as shall be designated, and any person
subpoenaed as aforesaid shall attend and testify upon said ad-
journed day or days, and at the time and place designated, and of
which they shall have been notified, as though the same had been
named in said subpoena, and with like effect as to any failure to
appear and answer under the requirements therein contained ;
provided, that any testimony or evidence taken as aforesaid shall
be for the information and instruction of said board in the dis-
charge of their duties, and in the prevention of future fires, and
the protection of property, and shall be carefully kept in the
archives and possession of said board, and shall in no manner be
used in any criminal proceeding or action, but may be placed be-
fore any grand jury in said city or county of New York.
§ 467. It shall be the duty of the fire marshal, or his officers
and agents, when authorized by him in writing so to do, to enter
into any building or premises within said city for the purpose of
examining, or causing to be examined, the stoves and pipes thereto,
ranges, furnaces, and heating apparatus of every kind what-
soever, including the chimneys, flues, and pipes with which the
same may be connected, engine rooms, boilers, ovens, kettles, and
also all chemical apparatus, or other things which in his opinion
may be dangerous in causing or promoting fires, or dangerous to
the firemen or occupants in case of fire ; and upon finding any of
them defective or dangerous, or in any manner exposed or liable to
fire from any cause, he shall report the same to the board, who may
thereupon issue orders or special directions, either printed or
written, directing the owner or occupant to alter, remove, or
remedy the same in such manner and within such reasonable time
as may be necessary, and in respect thereto may authorize and
direct the use of such materials and appliances as shall be deemed
proper and necessary, and in case of neglect or refusal so to do
within the time prescribed by such orders or directions, the fire
marshal, under the direction of said board, shall cause such altera-
tion, removal, or other necessary act or work to be done, and the
expense thereof shall be charged to the party so offending, to be
sued for and recovered in the manner herein provided for the
recovery of fines and penalties under this chapter.
§ 468. It shall be the duty of the fire marshal to examine into
the cause, circumstances and origin of fires occurring in said city,
by which any building, vessels, vehicles, or any valuable personal
property shall be accidentally or unlawfully burned, destroyed,
lost, or damaged, wholly or partially; and to especially inquire and
examine whether the fire was the result of carelessness or the act of an
incendiary. The fire marshal shall take the testimony, on oath, of all
persons supposed to be cognizant of any fact, or to have means of
knowledge in relation to the matters herein required to be
examined and inquired into, and cause the same to be reduced to
writing, verified and transmitted to the board with his report in
writing, embodying his opinion and conclusions in relation to the
matter investigated. The fire marshal shall report in writing to
CONSTRUCTION OF BUILDINGS. 139
the fire department, to the board of police, to the district attorney,
to the New York board of fire underwriters, to the owners of prop-
erty, or other persons interested in the subject-matter of investiga-
tion, any facts and circumstances which he may have ascertained
by such inquiries and investigations which shall, in his opinion,
require attention from or by either of said boards, officers, or per-
sons; and it shall be the duty of the fire marshal, whenever he shall
be of opinion that there is evidence sufficient to charge any person
with the crime of arson, to cause such person to be arrested and
charged with such offense, and furnish to the district attorney all
the evidences of guilt, with the names of witnesses, and all the
information obtained by him, including a copy of all pertinent and
material testimony taken in the case ; and he shall specially report
to the board, as often as such board shall require, his proceed-
ings, and the progress made in all prosecutions for arson, and the
result of all cases which are finally disposed of.
§ 469. The fire marshal shall have power to issue a notice, in
the nature of a subpoena, in such form and subscribed in such manner,
as the board of fire commissioners shall prescribe, to compel
the attendance of any person as a witness before him, to testify in
relation to any matter which is, by the provisions of this title, a
Subject of inquiry and investigation by the said marshal. The said
marshal shall be, and is hereby authorized to administer and verify
oaths and affirmations to persons appearing as witnesses before
him ; and false swearing in any matter or proceeding aforesaid
shall be deemed perjury, and shall be punishable as such. Upon
the presentation of satisfactory proof of due service of any such
notice, in the nature of a subpoena, upon any such witness, and of
a failure of such witness to obey the same, it shall be the duty of
the board of fire commissioners to make an order that the said wit-
ness be arrested and brought before the said marshal, to testify
what such witness may know in relation to the subject-matter of
inquiry. Such order may be executed by any member of the police
force, by arresting and bringing such witness before the said mar-
shal, but such witness shall not be detained longer than is neces-
Sary to take such testimony. The fire marshal shall have authority
at all times of the day or night, in performance of the duties
imposed by the provisions of this title, to enter upon and examine
any building or premises, when any fire shall have occurred, and
the buildings and premises adjoining and near to that in which the
fire occurred.
§ 470. It shall be the duty of the board of fire commissioners
to supervise and direct, whenever they shall be of opinion that the
public interest will be subserved thereby, the investigations, exam-
inations and proceedings of said marshal, and make all needful and
proper rules and regulations in relation to the duties of the office,
and the manner of performing the same.
Title 5.—Construction of Buildings.
$471. No wall, structure, building, part or parts thereof, shall
hereafter be built, constructed, altered, or repaired in said city,
except in conformity with the provisions of this title.
To whom re-
ports to be
made.
May arrest per-
BOn 8 in Cage6 of
8uspected arbon.
1868, ch. 563, §3,
Comp. 416.
May compel at-
tendance of
witnesses.
Order to arrest
witnesses refus-
ing to answer
Subpoenas,
Marshal may
enter and ex-
amine buildings.
Id. §6,
Comp. 417.
Fire commis-
Sioners may
supervise inves-
tigations by
marshal.
See 1873, ch. 335.
$76.
1871, ch. 625, $1,
Comp. 526.
Building limits
of New York
city.
11 ãun, 439.
140 CONSTRUCTION OF T3 UILDINGS.
Id. $2.
Id. $3.
Foundation
walls.
Walls on rock
bottom.
Excavation B.
Protection of
party wall.
1855, ch, 6, §1,
Comp. 552.
Compensation.
4 Abb. (N. C.)
292 ; 55 N. Y.
ºść; ; ii. 307.
$472. All buildings hereafter erected within said city, other
than frame or wooden buildings, shall have all walls, whether the
same be outside or party walls, constructed of stone, brick, or iron,
properly bonded and solidly put together, and all such walls shall
be built to a line, and be carried up plumb and straight, with close
joints; and the several component parts of such buildings shall be
built and constructed in such manner as herein provided.
§ 473. All foundation walls 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 timber of sufficient size and thickness, shall be laid to
prevent the walls from settling, the top of such pile or timber bot-
tom to be driven or laid below the water-line; and all piers,
columns, posts or pillars resting on the earth, shall be set upon a
bottom in the same manner as the foundation walls. Whenever in
any case the foundation wall or walls of any building that may
hereafter be erected, shall be placed on a rock bottom, the said
rock shall be graded off level to receive the same. All excavations
upon the front or side of any lot adjoining a street shall be
properly guarded and protected by the person or persons having
charge of the same, so as to prevent the same from being or becom-
ing dangerous to life or limb; whenever there shall any excavation,
either of earth or rock, upon any lot or piece of land in the city of
New York, and there shall be any party or other wall wholly or
partly on adjoining land and standing upon or near the boundary
line of said lot, if the person or persons whose duty it shall be,
under existing laws, to preserve and protect said wall from injury,
shall neglect or fail so to do, after having had a notice of twenty-
four hours from the fire department so to do, the said department
may enter upon the premises, and employ such labor and take such
steps as in its judgment may be necessary to make the same safe
and secure, or to prevent the same from becoming unsafe or danger-
ous, at the expense of the person or persons owning said wall or
building of which it may be a part, and any person or persons
doing the said work, or any part thereof, under and by direction of
the said department, may bring and maintain an action against the
owner or owners, or any one of them, of the said wall or ...;
of which it may be a part, for any work done or materials furnished
in and about the said premises, in the same manner as if he had
been employed to do the said work by the said owner or owners of
the said premises.
§ 474. Whenever excavations, for building or other purposes,
on any lot or piece of land in the city and county of New York,
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 excavations 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 the excavations were com-
menced.
§ 475. The footing or base course under all foundation walls and
CONSTRUCTION OF BUILDING}}S. 141
under all piers, columns, posts or pillars resting on the earth, shall ſº *
be of stone or concrete, and if under a foundation wall, shall be at ""
least twelve inches wider than the bottom width of the said wall;
and if under piers, columns, posts or pillars, shall be at least twelve Hºrne or
inches wider on all sides than the bottom width of the said piers, *2 °
columns, posts or pillars and not less than eighteen inches in thick-
ness; and if built of stone the stones thereof shall be not less than
two by three feet, and at least eight inches in thickness; and all
base stones shall be well bedded and laid edge to edge ; 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 shall be built of stone or brick º'lation
and shall be laid in cement mortar, and, if constructed of Stone, e
shall be at least eight inches thicker than the wall next above them
to a depth of 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; and if built of brick, shall be at least four
inches thicker than the wall next above them to a depth of sixteen
feet below the curb level, and shall be increased four inches in
thickness for every additional five feet in depth below the said six-
teen feet.
$476. In all dwelling-houses that may hereafter be erected not ºn
more than fifty-five feet in height, the walls shall not be less than º #, si.
twelve inches thick, and if above fifty-five feet in height and not ºl.
more than eighty feet in height, the outside walls shall not be less ling houses.
than sixteen inches thick to the top of second story floor 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 that is twelve inches thick shall not exceed
forty feet above the said sixteen-inch wall; and in every dwelling-
house hereafter erected more than eighty feet in height, four inches
shall be added to the thickness of the wall for every fifteen feet or
part theréof that is added to the height of the building. All party Party walls.
walls in dwellings over fifty-five feet in height shall not be less
than sixteen inches in thickness.
§ 477. In all buildings other than dwellings hereafter erected, ſº
the bearing walls shall not be less than twelve inches thick to the #. º
height of forty feet above the curb level; if forty feet in height °
and not more than fifty-five feet in height, the bearing walls shall
not be less than sixteen inches thick; if above fifty-five feet and
not more than seventy feet in height, the bearing walls shall not be ºn
less than twenty inches thick, to the height of twenty feet above *** *
the curb level or to the next tier of floor beams above, and not less
than sixteen inches from thence to the height of fifty-five feet above
the curb level or to the next tier of floor beams, and not less than
twelve inches thick from thence to the top ; and if above seventy
feet and not more than eighty-five feet in height, the bearing walls
shall not be less than twenty-four inches thick to the height of
twelve feet above the curb level or the second story floor beams,
and from thence to the height of sixty feet above the curb level,
the said walls shall not be less than twenty inches thick, and from
thence to the top not less than sixteen inches thick; and if above
the height of eighty-five feet, the bearing walls shall be increased
142 CONSTRUCTION OF BUILDINGS.
Buildings on
Street Corner
1871, ch. 625, $7,
as amended,
1874, ch. 574, §3,
Comp. 528.
Partition Walls
and girders.
Isolated build-
ings.
1871, ch. 625, $8,
Comp. 529.
four inclies in thickness for every fifteen feet, or part thereof, that
shall be added to the height of said wall above the eighty-five feet.
In all buildings over twenty-five 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, or any portion thereof. It is understood that the amount
of materials specified may be used either in piers or buttresses,
provided the outside walls between the same shall in no case be less
than twelve inches in thickness to the height of forty feet, and if
over that height, then sixteen inches thick; but in no case shall a
party wall between the piers or buttresses of a building be less than
sixteen inches in thickness. In all buildings hereafter erected,
situated on the street corner, the bearing wall thereof (that is, the
wall on the street upon which the beams rest) shall be four inches
thicker in all cases than is otherwise provided for in this title. All
walls other than bearing walls may be four inches less in thickness.
than required in the clauses and provisions of this section above
set forth, provided no wall is less than twelve inches in thickness.
§ 478. Every building hereafter erected, more than thirty feet in
width, except churches, theatres, school-houses, car stables and
other public buildings, shall have one or more stone or brick par-
tition walls running from front to rear, or iron or wooden girders
supported on iron or wooden columns; these walls shall be so
located that the space between any two of the bearing walls shall
not be over twenty-five feet. In case iron or wooden girders sup-
ported on iron or wooden columns are substituted in place of the
partition walls the building may be seventy-five feet in width, but
not more ; and if there should be ºiron or wooden girders,
supported on iron or wooden columns, in place of 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 a footing course and
foundation wall not less than sixteen inches in thickness, 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 not less than two feet greater in area than the size of
the column ; 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 each way than that of the column, and must be laid
solid and level to receive the column. Any building that may here-
after be erected in an isolated position, and more than one hundred
feet in depth, and which shall not be provided with cross walls,
shall be securely braced, both inside and out, during the whole
time of its erection, if it can be done ; but in case the same cannot
be so braced from the outside, then it shall be properly braced
from the inside, and the braces shall be continued from the founda-
tion upward to at least one-third the height of the building from
the curb level.
§ 479. No wall of any building now erected, or hereafter to be
built or erected, shall be cut off or altered below, without permission
(JONSTRUCTION OF JBUILI).INGS. 143
so to do having been first obtained from the fire department.
Every temporary support placed under any structure, wall, girder,
or beam during the erection, finishing, alteration or repairing of any
building, or part thereof, shall be equal in strength to the perma-
nent support required for such structure, wall, . or beam. And
the walls of every building shall be strongly braced from the beams
of each story until the building is topped out, and the roof tier of
beams shall be strongly braced to the beams of the story below,
until all the floors in the said building are laid.
§ 480. All stone walls less than twenty-four inches thick shall
have at least one header, extending through the walls in every three
feet in height from the bottom of the wall, and in every four feet in
length ; 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; all headers shall be at least
eighteen inches in width and eight inches in thickness, and shall
consist of a good flat stone, dressed on all sides. In every brick
wall every sixth course of brick shall be a heading course, except
where walls are faced with brick, in which case every fifth course
shall be bonded into the backing by cutting the course 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 either course, or
alternate heading and stretching courses, the backing of brick shall
not be less than twelve inches thick, and all twelve-inch backing
shall belaid up in cement mortar, and shall not be built to any greater
height than prescribed for twelve-inch walls. All heading courses
shall be good, hard, perfect brick. The backing in all walls, of
whatever material it may be composed, shall be of such thickness
as to make the walls, independent of the facing, conform as to
thickness with the requirements of sections four hundred and
Seventy-six and four hundred and seventy-seven of this act.
§ 481. Lvery isolated pier less than ten superficial feet at the
base, and all piers supporting a wall built of rubble stone 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 less 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 piers on the street front 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, well-burnt brick and laid
in cement mortar, and all bricks used in piers shall be of the hardest
quality, and be well wet when laid ; and the walls and piers, under
all compound, cast-iron, or wooden girders, iron or other columns,
shall have a bond stone at least four inches in thickness, and if in a
Wall, at least two feet in length, running through the wall, and if in
a pier, the full size of the thickness thereof, every thirty inches in
height from the bottom, whether said pier is in the wall or not, and
shall have a cap stone of cut granite, at least twelve inches in thick-
ness, by the whole size of the pier, if in a pier, and if in a wall, it
shall be at least two feet in length, by the thickness of the wall, and
at least twelve inches in thickness. In any case where any iron or
Altering walls
of buildings,
temporary sup-
ports.
Braces.
Id. $9.
Headers through
8tone walls.
Heading courses
of brick wall,
Backing of walls
faced with
ashlar,
Material of
heading courses
and backing.
Id. §10,
Comp. 530.
Isolated and
other piers, how
built.
144 CONSTRUCTION OF BUILDINGS.
Setting of
columns.
Hollow walls,
how built.
IIeight of walls,
how computed.
Quality of brick.
1871, ch. 625, $1,
Comp. 530.
Mortar, how
composed.
Id. $12,
Comp. 531.
Side, end or
party walls.
Anchors, how
built.
Walls, how
anchored at each
tier of beams.
Beams resting
on girders.
1871, ch. 625, as
amended 1874,
ch. 547, #.
Comp. 531.
Coping and
mansard roof.
other column rests on any wall or pier built entirely of stone or
brick, the said column shall be set on a base stone of cut granite,
not less than eight inches in thickness by the full size of the bear-
ing of the pier, if on a pier, and if on a wall, the full thickness of
the wall. 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 material as the walls, and
not over twenty-four inclies apart. The height of all walls shall be
computed from the curb level. No swelled or refuse bricks shall be
allowed in any wall or pier; and all brick used in the construction,
alteration, or repair of any building, or part thereof, shall be good,
hard, well-burnt brick; and if used during the months from April
to November, inclusive, shall be well wet at the time they are laid.
§ 482. The mortar used in the construction, alteration, or repair
of any building shall be composed of lime or cement, mixed with
Sand, in the proportion of three of sand to one of lime, and two of
Sand to one of cement, and no lime and sand mortar shall be used
within twenty-four hours after being mixed ; and all walls, or parts
thereof, below the curb level, shall be laid in cement mortar, to be
composed of cement and mortar, in the proportion of one of cement
to two of mortar. No inferior lime or cement shall be used ; and
all sand shall be clean, sharp grit, free from loam, and all joints and
all walls shall be well filled with mortar.
§ 483. In no case shall the side, end, or party wall of any build-
ing be carried up more than two stories in advance of the front and
rear walls. The front, rear, side, end, and party walls of any
building hereafter to be erected shall 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 wrought iron. The said
anchors shall be built into the side or party walls not less than
sixteen inches, and into the front and rear walls at least one-half
the thickness of the front and rear walls, so as 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 hereinbefore set forth, shall be strongly
anchored with iron anchors in each stone, and all such anchors
shall be let into the stone at least one inch. The side, end, or party
walls shall be anchored at each tier of beams, at intervals of not
more than eight feet apart, with good, strong, wrought-iron anchors,
one-half incl by one inch, well built into the side walls and well
fastened to the side of the beams by two nails made of wrought
iron, at least one-fourth of an inch in diameter; and where the
beams are supported by girders the ends of the beams resting on
the girders shall be butted together, end to end, and strapped by
wrought-iron straps of the same size and at the same distance
apart and in the same beam as the wall anchors, and shall be well
fastened.
§ 484. All walls of any buildings over fifteen feet high shall be
built up and extend at least twenty-four inches above the roof, and
shall be coped with stone or iron. If a mansard roof shall be
placed upon any building, except a wooden building over three
stories in height, exclusive of the said roof, the same shall be con-
structed fire-proof.
CONSTRUCTION OF BUILDINGS. 145
§ 485. All iron beams or girders used to span openings over six
feet in width, and not more than twelve feet in width, upon which
a wall rests, shall have a bearing of at least twelve inches at each
end by the thickness of the wall to be supported, and for every
additional foot of span over and above the said twelve feet, if the
supports are iron or solid cut stone, the bearing shall be increased
half an inch at each end ; but if supported on the ends by walls or
piers built of brick or stone, if the opening is over twelve feet and
not more than eighteen feet, the bearing shall be increased four
inches at each end, by the thickness of the wall to be supported ;
and if the space is over eighteen feet and not more than twenty-five
feet, then the bearing shall be at least twenty inches at each end
by the thickness of the wall to be supported; and for every addi-
tional five feet or part thereof that the space shall be increased,
the bearing shall be increased an additional four inches at each end
by the thickness of the wall to be supported. And on the front of
any building where the supports are of iron or solid cut stone, they
shall be at least sixteen inches on the face and the width of the
thickness of the wall to be supported, and shall, when supported at
the ends by brick walls or piers, rest upon a cut granite base block,
at least twelve inches thick, by the full size of the bearing ; and in
case the opening is less than twelve feet, the granite block may be
six inches in thickness, by the whole size of the bearing ; and all
iron beams or girders used in any building shall be, throughout,
of a thickness not less than the thickness of the wall to be sup-
ported. All iron beams or girders used to span openings more than
eight feet in width, and upon which a wall rests, shall have wrought-
iron tie-rods of sufficient strength, well fastened at each end of the
beam or girder, and shall have cast-iron shoes 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 twelve inches in height, by the width of the
wall to be supported, and the shoes 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 opening less than thirty feet, provided
they have skew-backs of cut-stone or cast or wrought iron, with
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. All lintels hereafter placed over openings in the front,
rear or side of a building, or returned over a corner opening, when
Supported by brick piers or iron or stone columns, shall be of iron,
and of the full breadth of the wall to be supported, and shall have
a brick arch of sufficient thickness, with skew-backs and tie-rods of
sufficient strength to support the superincumbent lateral weight,
independent of the cast-iron lintel. In all buildings hereafter to
be erected or altered, where any iron column or columns are used
to support a wall or part thereof, whether the same be an exterior
or interior wall, except a wall fronting on a street, the said column
or columns shall be constructed as follows: There shall be a double
column, that is, an outer and inner column, and the inner column
shall be of sufficient strength to sustain safely the weight to be
Id. $14,
Bearing of iron
beams or
girders,
Thickness of
beams or
girders.
Arches OVer
openings.
Lintols to be Of
iron,
Columns for
Supports.
Weight of, to be
sustained by
girders, lintels,
etc.
10
146 CONSTRUCTION OF BUILDING S.
1871, ch. 625, $15,
Comp. 533.
Openings for
doors and win-
dows.
Arches Over
openings.
Id. $16, as
amended 1874,
ch. 547, $5.
Fire-proof
doors, blinds,
etc.
Hoistway 8.
imposed upon both the outer and inner column; and the outer
column shall be made of sufficient size to allow a space of at least
one inch between it and the inner column, which space shall be
solidly filled with plaster of Paris, or some other non-conducting
material; and all iron beams, girders, lintels, or columns, before the
same are used in any building, shall have the maximum weight which
they will safely sustain stamped, cast or properly marked in a con-
spicuous place thereon by the founder or manufacturer of the
same, and shall be made of the best materials and in the best
IY) 8,1)]] GI’.
§ 486. All openings for doors and windows in all buildings,
except as otherwise provided, shall have a good and sufficient 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 in width, the lintel shall not be less
than eight inches in height; and for an opening not more
than six feet in width, the lintel shall not be less than twelve
inches in height ; and for an opening exceeding six feet in
width and not more than eight feet in width, the lintel shall be of
iron or stone, and of the full thickness of the wall to be supported ;
and every such opening six feet or less in width in all walls shall
be at least one-third the thickness of the walls on which it rests,
and shall have a bearing at each end not less than four inches on
the walls; and on the inside of all openings in which the lintel shall
be less than the thickness of the wall to be supported, 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, and
shall be chamfered at each end, and shall have a double rolock
arch turned over said timber lintel ; arches built of stone or brick
may be turned over openings on a centre, which may be struck
after the arch is turned, provided the arch has a good and sufficient
rise, and that the piers or abutments are of sufficient strength
to bear the thrust of the arch ; and all arches over openings
or fire-places shall be built of good, hard brick, laid close joints,
and well keyed. -
§ 487. All the stores or storehouses, or other buildings which
are more than two stories, or above twenty-five feet in height above
the curb level, already erected, or that may hereafter be built in
said city, except dwelling-houses or churches, shall have doors,
blinds or shutters made of fire-proot metal, on every window and
opening above the first story. When 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 if placed on the in-
side shall be hung upon an iron frame independent of the wood-
work of the window-frame or door; and every such door, blind or
shutter shall be closed upon the completion of the business of each
day by the occupant having the use or control of the same ; and all
fire-proof shutters or blinds that now are or may hereafter be put
upon the front or sides of any building on the street fronts, must
be so constructed that they can be closed and opened from the out-
side above the first story. In any store or building in the city of
New York in which there shall exist or be placed any hoistway, ele-
vator, or well-hole, the openings thereof through and upon each
floor of said building shall be provided with and protected by a
CONSTRUCTION OF I}UILDINGS. 147
substantial railing and such good and sufficient trap-doors with
which to close the same as may be directed and approved by the
fire department; and such trap-door shall be kept closed at all
times except when in actual use by the occupant or occupants of
the building having the use and control of the same ; and all open-
ings in any such buildings above the first story which may open
upon a street, and all openings in buildings used or occupied for
school-houses or offices exclusively, may be exempted from the pro-
visions and requirements of this section in the manner as herein-
after provided.
§ 488. All chimneys and all flues in stone or brick walls in any
building hereafter erected, altered or repaired, without reference to
the purpose for which they may be used, shall have the joints struck
smooth on the inside, and no parging mortar shall be used on the
inside; and the fire backs of all chimneys hereafter erected shall
not be less than eight inches in thickness. And no tin or other
metal flue or flues, pipe or pipes, or register box or boxes, of a
single thickness of metal, used or intended to be used to convey
heated air in any building hereafter built, altered or repaired in any
part of said city, shall be allowed unless the same shall be built in
a wall of brick or stone ; in all other cases the said flue or flues,
pipe or pipes, register box or boxes, shall be made double; that is,
two pipes, one inside the other, at least one-half inch apart, and the
space between the pipes shall be filled with plaster of Paris; and
no wooden furring or lath shall be placed against any flue, metal
pipe or pipes used to convey heated air or steam in any building;
and when any wall shall hereafter be furred or lathed with wood,
the space between the lathing and wall shall be filled with plaster
between the top and under side of the floor beams of each story,
so as to prevent fire from extending from One floor to another.
And no air flue shall be used at any time as a smoke flue. No
steam pipe shall be placed within two inches of any timber or wood-
work as aforesaid ; when 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 woodwork shall be placed against any brick or other flue un-
til the same shall be well plastered with plaster of Paris bellind
such woodwork. 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 chim-
ney shall be started or built upon any floor or beam, and in no case
shall the breast of a chimney project more than eight inches from
the wall. All chimneys which are corbeled out from the walls, as
above described, shall be supported by five courses of brick ; but if
supported by piers, the said piers shall start from the foundation
on the same line with the chimney breast, and shall not be less than
sixteen inclies on the face. All hearths shall be supported by
arches of stone or brick, and no chimney in buildings already
erected or hereafter to be built, 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
1871, ch.625, $17,
as amended
1874, ch. 547, §6,
Comp. 534.
Chimneys, flues,
etc.
Steam pipes.
148 ()() NSTIRUCTION OF JBLILDINGS.
and made safe, or taken down. And the flues of all furnaces
and boilers shall be constructed in such manner as the fire depart-
ment shall direct.
ſºch; 25, $18, $489. No Smoke-pipe in any building with wooden or com-
§ gºes bustible floors and ceilings shall hereafter enter any flue, unless the
§.” said pipe shall be at least eighteen inches from sº 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 extend-
ing through the partition, or by a solid coating of plaster of Paris,
three inches thick, or by an earthenware ring, three inches from the
Pipes of steam pipe. In all cases where hot water, steam, hot-air, or other furnaces
... " " are used, the furnace smoke-pipe must be kept at least two feet
below the beams or ceilings above the same, unless said beams or
ceilings shall be propely protected by a shield or tinplate 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 beams or ceilings,
Tºp of furnaces as aforesaid, and the top of all furnaces set in brick must be covered
Bet in brick. ge * g & --
with brick, Slate, or tin plate, supported by iron bars, and so con-
structed as to be perfectly tight ; said covering to be in addition to
and not less than six inches from 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 ceilings,
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 every portable furnace not set in brick
g shall be kept at least one foot below the beams or ceilings with a
shield of tin plate, made tight, and suspended below the said beams
or ceiling, and extended One foot beyond the top of the furnace on
Hºrand floor 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 in 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
i. 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 inches and more
º;..." shall have a space of three and one-half inches. 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 building shall the said pipes be let into the beams more
than two inches in depth. In all cases where hot water, steam, hot
air, or other furnaces are hereafter placed in any building, due
notice shall first be given to the fire department by the owner or
CONSTRUCTION ()J' [3UILDINGS. 149
owners of the said building, or by the person or persons placing
said furnace or furnaces in said building, or by the contractor or
superintendent of said work.
§ 490. In no building, whether the same be a frame buildin
or otherwise, shall any wooden girders, beams, or timbers be place
within twelve inches of the inside of any flue, whether the same be
a smoke, air, or any other flue. All wooden beams and other tim-
bers 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 in the opposite side of the wall by at least eight
inches of solid mason work. No floor beam shall be supported
wholly upon any wood partition, but every beam, except headers
and tail beams, shall rest, at one end, not less than four inches in
the wall, or upon a girder, as authorized by this title. 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 thick-
ness for the size of the timbers. No timber shall be used in an
wall of any building where stone, brick, or iron is commonly used,
except bond timbers and lintels, as hereinbefore provided for, or as
may be approved of by said department; 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 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 materials used in their construction ; and in all store-
houses the weight that each floor will safely sustain upon each
Superficial foot shall be estimated by the owner thereof, and posted
in a conspicuous place on each floor thereof; and the weight
that may be placed upon either of the floors of the said building or
buildings shall be safely distributed thereon. And all timbers or
beams used in any building hereafter to be constructed, altered, or
repaired, whether the same be a frame building or otherwise, shall
be of good, sound material, free from rot, sap, shakes, or rotten
knots, and of such size and dimensions as the purposes for which
the building is intended requires. -
§,491. In all buildings, every floor shall be of sufficient strength
in all its parts to bear safely upon every superficial foot of its sur-
face 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 purposes,
from one hundred and fifty to five hundred pounds and upwards;
and 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 ver-
tical support shall be of sufficient strength to bear safely the weight
of the portion of each and every floor depending upon it for sup-
port, 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 any building, the proportion be-
tween the safe weight and the breaking weight shall be as one to three
for all beams, girders, and other pieces subject to a cross-strain, and
1871, ch. 625, $19,
Comp. 536.
Wooden beams
or girders.
Floor beams.
Trimmers and
headers.
Timbers in
walls,
Bond timbers.
Strength of
floorb.
Weight how
posted and dis
tributed in Ware-
houses.
§§ and size
of timbers Or
beams.
Id. §20,
Strength of
floors.
Columns of
posts.
Strength of ma-
terials, how
calculated.
150 CONSTIRUCTION OF BUILDINGS.
Iron columns,
beams, etc., to
support walls or
floors, bow
tested.
Rejected col-
umns, beams,
etc., not to be
used,
1871, ch, 625, $21,
Comp. 537.
Fire proof
buildings.
Metal columns.
J3rick arches.
Stone templates.
Thickness of
arches.
Brick arches.
shall be as one to six for all posts, columns, and other vertical sup-
ports, and for all tie-rods, tie-beams, and other pieces subjected to a
tensile strain. And the requisite dimensions of each piece of mate-
rial is to be ascertained by computation by the rules given by Tred-
gold, Hodgkinson, Barlow, or the treatises of other authors now or
hereafter used at the United States Military Academy at West
Point, on the strength of materials, using for constants in the rules
Only such numbers as have been deduced from experiments on mate-
rials of like kind with that proposed to be used. Before any iron
column, beam, lintel, or girder, intended to span an opening over
eight feet in length, and intended to support a wall built of stone
or brick, or any floor or part thereof, in any building hereafter
erected or altered in the city of New York, shall be used for that
purpose, the manufacturer or founder thereof shall have the same
tested by actual weight or pressure thereon, under the direction
and supervision of an inspector, authorized by the fire department
(who shall be previously notified of the time when and place where
the said test will be made by the person or persons having the said
columns, beams, lintels, or girders so tested), whose duty it shall be
to have the weight which each of the said columns, beams, lintels, or
girders will safely sustain properly stamped or marked in a con-
spicuous place thereon by the said manufacturer or founder thereof,
and no greater weight shall be put or placed upon any said column,
beam, lintel, or girder than the same shall be so marked as being
capable of sustaining ; and in case any said column, beam, girder, or
lintel shall be rejected by said fire department as unfit to be used,
the same shall not be used in, upon, or about any building or part
thereof. All iron work used in any building or part thereof here-
after to be erected or altered shall be of the best material and made
in the best manner.
§ 492. In all fire-proof buildings hereafter to be constructed,
where brick walls, with wrought iron beams or cast or wrought
iron columns with wrought iron beams, are used in the interior, the
following rules must be observed : -
1. All metal columns shall be planed true and smooth at both
ends and shall rest on cast-iron bed-plates, and have cast-iron 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 space between the beams.
2. Under the ends of all the iron beams, where they rest on the
walls, a stone template must be built into the walls; said template
to be eight inches wide in twelve-inch walls, and in all walls of
greater thickness to be in width not less than four inches less than
the width of said wall, and not to be, in any case, less than four
inches in thickness and eighteen inches long.
3. 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 addi-
tional 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.
4. The said brick arches shall be laid to a line on the centres,
CONSTRUCTION OF BUILDING S. 151
with a close joint, and the bricks shall be well wet and the joints
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 Qr chinked with slate and keyed.
§ 493. All exterior cornices and gutters of all buildings here- 1871,ch.625, $22,
after to be erected or built shall be of some fire-proof material, and ºa ex.
in every case the greatest weight of stone, iron or other materials “” ”
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 cornices
shall be well secured to the walls with iron anchors, independent of ..."
any wood-work; and in all cases the walls shall be carried up to
the planking of the roof, and where the cornice projects above the
roof the wall shall be carried up to the top of the cornices, and the
party wall shall in all cases extend up above the planking of the
cornice and be coped with some fire-proof material; and all exte- unsafe and
rior wooden cornices that may now be, or that may hereafter lºgº**
become unsafe or rotten, shall be taken down, and if replaced shall be -
constructed of some fire-proof material, and all exterior wooden cor-
nices or gutters that may hereafter be damaged by fire to the extent
of one-third thereof, shall be taken down, and if replaced shall be
constructed of some fire-proof material ; but if not damaged to the
extent of one-third thereof, the same may be repaired with the same
material of which it was originally constructed. All buildings shall ...”
be kept provided with proper metallic leaders for conducting the water water.
from the roof to the ground, sewer, or street gutter, in such manner
, as shall protect the walls and foundations from damage, and in no
case shall the water from the said leaders be allowed to flow upon
the sidewalk, but shall be conducted by drain-pipe or pipes to the
street gutter or sewer.
§ 494. The planking and sheathing of the roof of every build- Id. $23,
ing erected or built as aforesaid, shall in no case be extended #ind
across the front, rear, side, end, or party wall thereof, and every ºing of
such building, and the tops and sides of every dormer-window pºet win.
thereon, shall be covered and roofed with slate, tin, zinc, copper dows.
or iron, or such other equally fire-proof roofing as the fire depart-
ment may authorize, and the oil. of the frame of every dormer-
window hereafter placed upon any building as aforesaid, shall be
made of some fire-proof material. And no wooden building here- wooden build.
after erected or built or already erected in any part of the said "**
city, more than two stories or above twenty feet in height above the
curb level to the highest part thereof, which shall require roofing,
shall be roofed with any other roofing or covering except as afore-
said. 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 scuttleframe,
-erected or hereafter to . built, shall have scuttle frames and covers ...'...er.
or bulkheads and doors, made of or covered with some fire-proof or stairsthereto.
material, and all scuttles shall have stationary iron ladders leading
to the same, and all such scuttles or ladders 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; and if a bulkhead is used or substi-
152 - CONSTTUCTION OF BUILDINGS.
tuted in any building in place of a scuttle, it shall have stairs with a
sufficient guard or hand rail leading to the roof; and in case the
building shall be a tenement house, the door in the bulkhead, or
any scuttle, shall at no time be locked, but may be fastened on the
skylights, how inside by movable bolts or hooks. And all sky-lights more than
“"“ three square feet, placed in any building, the sash and frames
thereof shall be constructed of fire-proof materials.
1871, ch. 625, $24, § 495. No frame or wooden building, shed, extension, stairway,
§§a stoop, balcony, piazza, platform, bay or oriel window, sign over two
º feet in height, or other structure of any kind, in whole or in part
wood, shall hereafter be built or constructed in said city, unless.
the same shall first be authorized by the fire department, under its
certificate, to be first obtained therefor; provided, however, that
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 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, pro-
vided 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
Bay windows, 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 ...; 3.
all privies not exceeding ten feet square and ten feet high may be
built and covered with wood, boards, or shingles; and no steam-
boat and ferry houses, or other structures upon or adjoining any
pier, slip, or bulkhead in said city shall be constructed except in.
such manner and of such materials as said fire department shall
determine and designate, under its certificate first to be obtained
Unsafe signs, therefor; and any sign of whatever material it may be constructed,
now erected, or that may be hereafter erected, on the top or street
front of any building that may now be, or that may hereafter
become rotten or unsafe, shall be taken down and removed.
Id. $25, § 496. It shall not be lawful for the owner or owners of any
Comp. 540. brick front or wooden building erected prior to April twentieth,
eighteen hundred and seventy-one, in said city, 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 some one
of the articles mentioned in the last section but one, and unless
such building when so raised shall not exceed forty feet in height to
the highest part thereof; and in all such brick dwelling-houses that
have eight-inch walls, the said walls shall not exceed forty feet in.
height; ** also, provided that such dwelling-house exceed twenty-
#son five feet in"height to the peak before the said alteration. If any
fºot such building shall have been built before the street upon which it
streets, is located is graded, or if the grade is altered, all such buildings.
may be raised or lowered to meet the requirements of such grade.
And no brick front or wooden building whatsoever in said city shall
be enlarged or built upon, unless the exterior walls of said addition
or enlargement be constructed of fire-proof materials to be approved
("()NSTRUCTION OF JBUIſ, I) INGS. 153
of by the fire department; 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 until a sworn petition, setting forth the purposes of
said removal and the uses to which said building is to be applied,
is filed in the office of the fire department, and the written consent
of the inspector of buildings is first obtained therefor.
§ 497. Every wooden or frame building with a brick or other
front, situated in the said city, which may hereafter be damaged by
fire or otherwise to an 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.
The amount and extent of such damage, by fire or otherwise, shall
be determined by one surveyor, appointed by said fire department,
and one surveyor appointed by the owner or owners of the said
premises; and in case those 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, and such building shall in no manner
be repaired or rebuilt until after such decision shall have been
rendered.
§ 498. No building already erected or hereafter to be built in
said city shall be enlarged, raised, altered, or built upon such man-
ner 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 title. And before any building built of stone, brick or iron,
or any wooden building, with or without a brick front, in any part
of said city, shall be enlarged, raised, altered or built upon, the
same 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, altered, or built upon ; and no
Such buildings, as aforesaid, shall be enlarged, raised, altered, 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.
§ 499. Any dwelling-house now erected, or that may hereafter
be erected more than two stories in height, occupied by, or built to
be occupied by two or more families, on any floor above the first,
and all buildings now erected, or that may be hereafter erected,
more than four stories in height, occupied by, or built to be occu-
pied by three or more families, above the first story, and any build-
ing already erected, or that may hereafter be erected more than
three stories in height, occupied or used, or built to be occupied or
used as a hotel, boarding or lodging-house, or any factory, mill,
offices, manufactory or workshop, in which operatives are employed,
on any of the stories above the first story, and every building in an
isolated position already erected, or that may hereafter be erected,
more than three stories in height, built to contain or that does
contain or is occupied by three or more families above the first
story, shall be provided with such fire-escapes, alarms and doors as
shall be directed by the fire department; and the said department
shall have the power in determining the method of constructing the
1871, ch. 625, $26,
Comp. 540.
Wooden build-
ings damaged
one-half by fire.
Extent of dam-
age, how de-
termined.
Id. $27,
Comp. 541,
Enlargement,
raising or alter-
ing buildings.
Id. $28, as
amended 1874,
ch. 547, $7.
Fire escapes,
alarms, etc.
154 CONSTRUCTION OF BUILDINGS.
Nothing to pre-
vent *
frame buildings
with shingle
roofs in 12th,
23d, and 24th
wards.
1881, ch. 424, $1.
1881, ch. 450,
jº mbing,
drainage.
1871, ch. 625, $29,
Comp. 541.
Stairway8, 8cats,
etc., in hotels,
churches,
theatres, and
public halls, etc.
Aisles in public
halls not to be
obstructed.
Changes in pub-
lic halls, etc.
Owner to sub-
mit statement to
fire department.
1881, ch. 687, $1.
halls, stairways, ceilings, cellars, flues, furnaces, fire-places, and
heaters in all dwellings hereafter erected in said city. And the
owner or owners of any building upon which any fire-escapes may
now be, or may hereafter be erected, shall keep the same in good
repair and well painted, and no person shall at any time place any
incumbrance of any kind whatsoever upon any said fire-escapes
now erected or that may hereafter be erected in said city.
§ 500. Nothing in this title contained shall be so construed as
to prohibit the building of frame buildings with shingle roofs and
eight-inch brick foundation walls under the same, in the twelfth,
twenty-third and twenty-fourth wards, north of One Hundred and
Fortieth street. Buildings of brick not exceeding two stories in
height above the basement may also be erected in said district, hav-
ing basement walls twelve inches in thickness, and walls above the
basement eight inches in thickness constructed of hard brick and
good mortar.
§ 501. The drainage and plumbing of all buildings, both public
and private, hereafter erected in the city of New York shall be exe-
cuted in accordance with plans previously approved in writing by
the board of health. Suitable drawings and descriptions of the said
plumbing and drainage shall in each case be submitted and placed
on file in the health department. The said board of health is also
authorized to receive and place on file drawings and descriptions of
the plumbing and drainage of buildings erected prior to the passage
of this act. Any person violating any provision of this section shall
be deemed guilty of a misdemeanor.
§ 502. In all buildings of a public character already erected or
hereafter to be built in said city, such as hotels, churches, theatres,
school-houses, restaurants, railroad depots, public halls and other
buildings used or intended to be used for purposes of public amuse-
ment or instruction, the halls, doors, stairways, seats and aisles
shall be so arranged as to facilitate egress in cases of fire or acci-
dent, and to afford the requisite and proper accommodation for the
public protection in such cases, and all aisles and passage-ways in
said buildings devoted to purposes of amusement or instruction,
shall be kept free from camp-stools, chairs, sofas, and other obstruc-
tions, during any performance, service, exhibition, lecture, concert,
ball, or any public assemblage; and the fire department may at any
time serve a written or printed notice upon the owner, lessee or
manager of any of said buildings, directing any act or thing to be
done in or about the arrangement of the said buildings, and the
several appliances there with connected, such as halls, doors, stairs,
windows, seats, aisles and escapes, so as to afford the greatest pos-
sible security to the public in the uses to which they may be sever-
ally applied.
§ 503. Before the erection, construction, alteration or repair of
any building or part of any building in the city of New York is
commenced, the owner shall submit to the fire department a detailed
statement, in writing, of the specifications, and a full and complete
copy of the plans of such proposed building, erection, alteration or
repair, which shall be accompanied with a statement, in writing,
sworn to before a notary public or commissioner of deeds, giving
the full name and residence (street and number) of the owner, or of
each of the owners of such building or proposed building. If such
CONSTRUCTION OF BUILDINGS. 155
erection, construction, alteration or repair is proposed to be made
by any other person than the owner or owners of the land in fee,
the person or persons intending to make such erection, alteration
or repair, shall accompany said detailed statement of the .
tion and plans with a statement, in writing, sworn to as aforesaid,
giving the full name and residence (street and number) of the owner
or owners of the land, and also of every person interested in said
building or proposed building, either as owner, lessee, or in any
representative capacity. Such sworn statement may be made by
the agent of the person or persons hereinbefore required to make
the same, when di. authorized so to do by power of attorney from
said person or persons, duly executed and acknowledged, and filed
with said sworn statement. Said sworn statement, power of attor-
ney and detailed statement and copy of the plans and specifications,
shall be kept on file in the office of the inspector of buildings in the
fire department ; and the erection, construction, alteration or repair
of said building, or any part thereof, shall not be commenced or
proceeded with until said sworn statement shall have been so filed,
and said specifications and plans shall have been approved by the
inspector of buildings. But the inspector of buildings may, in his
discretion, and for reasons to be stated in writing and filed with the
plans and specifications, dispense with the making of said sworn
statement in any case. Any false swearing in a material point in
any statement submitted in pursuance of the provision of this sec-
tion shall be deemed perjury and shall be punished as such.
§ 504. The inspector of buildings, under and subject to such
rules, regulations and orders as may be established by the fire com-
missioners, shall have full power in passing upon any question rela-
tive 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 pro-
visions of this title to meet the requirements of special cases where
the same do not conflict with the 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 applica-
tion setting forth the facts, sworn to by the applicant, and after said
application shall have been passed upon favorably by a board of
examiners consisting of the inspector of buildings, a member of the
examining committee of New York Chapter of the American Insti-
tute of Architects, one of the ex-presidents of the New York Board
of Underwriters, and two members of the Mechanics and Traders'
Exchange of said city, one of the latter of whom shall be a master
carpenter and one a master mason, all of whom, except the said
inspector, shall be selected by their respective organizations, and
so certified by the proper officers to the said inspector ; no applica-
tion shall be considered as passed by said board unless the same
receive three affirmative votes; no member of said board shall pass
upon any question in which he is pecuniarily interested. The said
board shall meet upon notice from the said inspector, who shall be
By whom to be
made, etc.
1871, ch.625, $31,
as amended,
1874, ch. 547, $8,
Comp. º
1880, ch. 521, $1.
Powers of in-
spector of build-
ings.
Certificate.
Board of ex-
8 IIllneſſB.
156 CONSTRUCTION OF BUILDINGS.
chairman of the board, and the chief clerk of said bureau shall act.
as clerk of said board, and shall keep a record of its proceedings,
which shall be filed in the office of the bureau of inspection of
compensation, buildings. The members of said board, excepting said inspector,
shall each be entitled to and shall receive ten dollars for each
attendance at a meeting of said board, to be paid by the comptroller
of the city of New York from the contingent fund of said fire
department upon the voucher of said inspector, but in no case shall
they be entitled to receive compensation for more than two meet-
Proviso ings in any one month. And provided further that no permit for
the erection of any structure on . wharf, pier, or bulkhead shall
be issued by the inspector of buildings, except by and with the
approval of the said board of examiners.
1871, ch.625, $32, § 505. The owner or owners of any structure, staging, building,
Comp. 543. or part thereof, of any kind whatsoever, upon which any violation
of this title 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, builders, carpen-
ters, or masons who may be employed or assist therein, and any
and all persons who shall violate any of the provisions of this title,
or fail to comply there with or any requirement thereof, or shall in
any manner be liable therefor, shall severally, for each and every
º, such violation and non-compliance, respectively forfeit and pay a
penalty in the sum of fifty dollars; and any and all persons who
shall violate any of the provisions of this title, or who may be
employed or assist therein, or who shall be liable therefor, shall
rim, or severº for every such violation not removed or requirement not
jon, complied with, within ten days after notice thereof shall be given
to him or them respectively, forfeit and pay an additional penalty
in the sum of fifty dollars, for the recovery of which said penalties,
Actions, how or either of them, an action may be brought in any court of com-
.* petent jurisdiction ; and whenever any judgment shall be rendered
* therefor, the same shall be collected and enforced as prescribed and
directed by the Code of Civil Procedure; the fire department is
hereby authorized, in its discretion, good and sufficient cause being
ºsion of shown therefor, to remit any fine or fines, penalty or penalties,
sº tº which any person or persons may have incurred, or may hereafter
incur, under any of the provisions of this title.
1871, ch. 625, $33, § 506. All courts of civil jurisdiction in the city of New York
§n of shall have cognizance of and jurisdiction over all suits and proceed-
COllrtB, ings by this title authorized to be brought for the recovery of any
penalty and the enforcement of any of the several provisions of this
title ; and any court of record in said city, or any judge or justice
thereof, shall have power at any time after the service of notice of
the violation of any of the provisions of this title, and upon the
Restraint by in-affidavit of the inspector of buildings, to restrain by injunction
jūTiction. order the further progress of any violation named in this title, or of
any work upon or about the building or premises upon which the
said violation exists; and no undertaking shall be required as a
condition to the granting or issuing of such injunction, or by reason.
thereof; and all courts in which any such suit, suits or proceedings
are instituted shall, upon the rendition of a verdict, report of a
CONSTRUCTION ()]?' I}(JILDINGS. J.57
referee, or decision of a judge or justice for any penalty or penalties,
render judgment for the amount of such *...* Or penalties and
costs; and the said judgments so rendered shall be and become a
lien upon the premises named in the complaint in any such action,
to date from the time of the filing in the county clerk’s office in the
city of New York of a notice of lis pendens therein; which lien may
be enforced against said property in every respect, notwithstanding
the same may be transferred subsequent to the filing of the said
notice. In no case shall the said fire department or the corporation
of the city of New York be liable for costs in any action, suit or
proceeding that may have already been or may hereafter be insti-
tuted or commenced by the said department in pursuance of this
title. g
§ 507. All notices of the violation of any of the provisions of this
title, and all notices directing anything to be done required by this
title, and all other notices that may be required or authorized to
be issued thereunder, including notice that any building, structure,
premises, or any part thereof, are deemed unsafe or dangerous,
shall be issued in the name of the fire department of the city of New
York, and shall have the name of the inspector of buildings affixed
thereto, and may be served by any officer or employee of the said
department, or by any person authorized by the said department; all
such notices and any notice or order issued by any court in any pro-
ceeding instituted by the attorney to said department, to restrain or
remove any violation or to enforce compliance with any provision
or requirement of this title, may be served 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 title, or to whom the
same may be addressed, and if such person or persons cannot be
found after diligent search shall have been made for him or them,
then such notice or order may be served by posting the same in a
conspicuous place upon the premises where such violation is alleged
to have been placed or to exist, or to which such notice or order
may refer, or which may be deemed unsafe or dangerous, which
shall be equivalent to a personal service of said notice upon all
parties having any interest in said premises, or to whom such notice
or order may be addressed, or who may be liable for any violation
under any of the provisions of this title ; and such notice or order
shall contain a description of the building, premises or property
upon which such violation shall have been put or may exist, or
which may be deemed unsafe or dangerous, or to which such notice
or order may refer.
§ 508. Any and all persons who, after having been personally
served with the notice of violation as hereinbefore prescribed,
shall fail to comply there with, and shall continue to violate any of
the several provisions of this title, or who shall be accessory
thereto, shall, in addition to the other penalty or penalties in this
title provided, be deemed guilty of a misdemeanor, and upon a
Complaint being made by the inspector of buildings, 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 justice or
said court, and, upon conviction of such offense, shall be fined in a
Sum not exceeding two hundred and fifty dollars, or may be impris-
oned for a term not to exceed six months; said fine or imprison-
Judgment to be
a lien on
premises.
53 N. Y. 413.
1881, ch. 687, §2.
Notice to be
issued in name
of fire depart-
ment, how
served, etc.
1871, ch. 625, $35,
Comp. 545.
Continued viola-
tions after no-
tice a mis-
demeanor.
158 CONSTRUCTION OF DUILDINGS.
Id. §36.
Unsafe build-
ings, how Be-
cured or
removed.
Id. $37.
Securing build-
ingB or removal.
1 Abb. N. C.
464; 53 N. Y.
413.
Report of Bur-
vey.
ment to be imposed in the discretion of the judge, justice or 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.
§ 509. Any building or buildings, part or parts of a building,
staging or other structure in the city of New York, that, from any
cause, may now be, or shall at any time hereafter become, danger-
ous or unsafe, may be taken down and removed, or made Safe and
secure in the manner following: Immediately upon such unsafe or
dangerous building or buildings, or part or parts of a building,
staging or structure, being so reported by any of the officers of the
fire department, the same shall be immediately entered upon a
docket of unsafe buildings, to be kept by said department, and the
owner or some one of the owners, executors, administrators, agents,
lessees, or any other person or persons who may have a vested or
contingent interest in the same, may be served with a printed or
written notice containing a description of the premises or structure
deemed unsafe or dangerous, requiring the same to be made Safe
and secure, or removed, as the same may be deemed necessary by
the said department, which said notice shall require the person or
persons thus served to immediately certify to the department his
or their assent or refusal to secure or remove the same.
§ 510. If the person or persons so served with notice shall
immediately certify his or their assent to the Securing or removal
of said unsafe or dangerous building, premises or structure, he or
they shall be allowed until 12 o'clock noon 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
and assistance to secure or remove the same as expeditiously as the
same can be done ; but upon his or their refusal or neglect to com-
ply with any of the requirements of said notice so served, then
à, łº, notice shall be served upon the person or persons here-
tofore named and in the manner heretofore prescribed, notifying
him or them that a survey of the premises named in the said notice
will be made at the time and place therein named, which time may
not be less than twenty-four hours or more than three days from
the time of the service of the said notice, by three competent per-
sons, each of whom shall be a practical builder or architect, and
one of whom shall be the inspector of buildings, another of whom
shall be an architect, appointed by the New York Chapter of the
American Institute of Architects of said city, and another of whom
shall be appointed by the person or persons thus notified, upon
whose neglect or 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, who shall also be either a practical builder or architect,
whose decision shall be final ; and that in case the said premises
shall be reported unsafe or dangerous under such survey, the said
report will be placed before a court therein named having jurisdic-
tion to the extent of one thousand dollars, and that a 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 or secured, or taken down and removed, and a report of
CONSTRUCTION OF BUILDINGS. 159
such survey reduced to writing shall constitute the issue to be placed
before the court for trial.
§ 511. Whenever the report of any such survey had as afore-
said shall recite that the building, premises, or structure thus
surveyed are unsafe or dangerous, the attorney of the fire depart-
ment shall, at the time in the said notice named, place said notice
and report before the judge or justice holding the chambers of the
court in the said notice named, which said judge or justice shall
immediately proceed to obtain and impanel a jury, and to the trial
of said issue before said jury, whose verdict shall be conclusive and
final, and shall try said issue without adjournment, except as may
be necessary from day to day, giving precedence to the trial of this
issue over every other business; and said judge or justice shall
have power to impanel a jury for that purpose from any jurors in
attendance upon said court, or in case sufficient jurors shall not be
in attendance, then from any jurors that may be summoned for that
urpose; and said judge or justice shall have power to summon jurors
#. that purpose; and any such suit or proceeding commenced before
a judge or justice may be continued before another judge or justice of
the same court; a jury trial may be waived by the default of the defend-
ant or defendants to appear at the time and place named in the said
notice or by agreement, and in such cases the trial may be by court,
judge, justice, or referee, whose report or decision in the matter
shall be final; and upon the rendition of a verdict or decision of
the court, judge, justice, or referee, if the said verdict or decision
shall find the said building, premises, or structure to be unsafe or
dangerous, the judge or justice trying said cause, or to whom the
report of the referee trying said cause shall be presented, shall
immediately issue a precept out of said court, directed to the commis-
sioners of the fire department, reciting said verdict or decision, and
commanding them forthwith to repair and secure, or take down and
remove, as the same may be, in accordance with said verdict or
decision said unsafe or dangerous building, buildings, part or
parts thereof, staging, structure, or other premises that shall have
been named in the said notice ; and said commissioners shall imme-
diately thereupon proceed to execute said precept as therein
directed, and may employ such labor and assistance and furnish
such materials as may be necessary for that purpose, and after hav-
ing so done, said commissioners shall make return of said precept,
with an indorsement of their action thereunder, and the costs and
expenses thereby incurred, to the judge or justice then holding the
chambers of the said court, and thereupon said judge or justice
shall tax and adjust the amount, indorsed upon said precept, and
shall adjust and allow disbursements and costs of said proceedings
to said attorney at and after the rate provided in the Code of Civil
Procedure in that class of actions when judgments on failure to
answer can only be taken on application to the court, together with
preliminary expenses of searches and survey, which shall be in-
serted in the judgment in said action or proceeding, and shall ren-
der judgment for such amount and for the sale of the said premises
in the said notice named, together with all the right, title, and
interest that the person or persons, or either of them, named in the
Said notice, had in the lot, ground, or land upon which the said
building or structure was placed, at the time of the filing of a notice
1871, ch. 625, $28,
Comp. 546.
Report to be
Bribmitted to
CQurt.
7 Hun, 175.
Trial to have
precedence.
Decision of
Court to be final.
Precept to issue
commanding
unsafe building
to be repaired
OT removed.
Execution of
precept.
Return of, with
indorsement of
action.
Costs and dig-
bursements.
Judgment to be
rendered there-
for, and for sale
of premises.
160 & CONSTRUCTION OF BUILDINGS.
Deficiency, if
any, how col-
lected.
Requisitions for
amount of ex-
penses.
How reimburged
1874, ch. 525, $39,
Comp. 548.
Right of owner
to perform re-
quirements of
precept.
1881, ch. 687, §3.
Proceedings in
Cage notice is
not complied
With.
Cost8.
of lis pendens in the said proceedings, or at the time of the entry
of judgment therein, to satisfy the same; which sale shall be in the
same manner and with like effect as sales under judgment in fore-
closure of mortgages; and in case such premises shall not sell for
sufficient to satisfy the amount ordered to be paid by such judg-
ment the deficiency may be collected by execution on said judg:
ment against the owner, or any one of the owners, of the said
premises. And in and about all preliminary proceedings as well as
the carrying into effect any order of the court or any precept issued
by any court, the board of fire commissioners may make requisi-
tion upon the comptroller of the city and county of New York for
such amount or amounts of money as shall be necessary to meet the
expenses thereof; and upon the same being º by any judge
or justice of the court from which the said order or precept
was issued, and presented to said comptroller, he shall pay the
same ; and for that purpose shall borrow and raise upon a revenue
bond, to be issued in the name of the mayor, aidermen and com-
monalty of the said city, the several amounts that from time to time
may be required, which shall be reimbursed by the payment of the
amount and interest at seven per cent. Out of the judgment or judg-
ments obtained as aforesaid, if the same shall be collected. In case
said issue shall not be tried at the time specified in said notice, or
to which the trial may be adjourned, the same may be brought to
trial any time thereafter by said commissioners, without a new
survey, upon not less than three days' notice of trial to the person
or persons upon whom the original notice was served, or to his or
their attorney, which notice of trial may be served in the same
manner as said original notice.
§ 512. Provided, nevertheless, that immediately upon the issuing
of said precept, the owner or owners of said building or premises.
or any party interested therein, upon application to said fire depart-
ment, shall be allowed to perform the requirements of said precept
at his or their own proper costs and expense, provided the same
shall be done immediately, and in accordance with the requirements
of said precept, upon the payment of all costs and expenses incurred
up to that time.
§ 513. In case any notice or direction authorized to be issued by
this title is not complied with within ten days after the service
thereof, the fire department of the city of New York may, in its dis-
cretion apply to the Supreme court for the city and county of New
York, at a special term thereof, at chambers, for an order directing
the fire department to proceed to make the alterations or remove the
violation or violations, as the same may be specified in said notice
or direction. Whenever any notice requiring fire escapes, alarms or
doors to be placed in or upon any building shall have been served as
directed in this title, and the same shall not have been complied with
within ten days after service thereof, the fire department of the city
of New York may, in its discretion, apply to the Supreme court of
the city and county of New York, at a special term at chambers, for
an order directing the fire department to vacate such building or
premises, or so much thereof as said department may deem neces-
sary, and prohibiting the same to be used or occupied for any pur-
pose specified in said order, until such notice shall have been com-
plied with. The sum of twenty-five dollars shall be allowed as
CONSTRUCTION OF BUILDINGS, 161
costs to the attorney of said department, under and by virtue of the
said applications and proceedings, or of either of them, which said
amount, with all costs, expenses and disbursements incurred in the
carrying out of any said order or orders, shall become a lien upon
said building or premises named in the said notice from the time of
filing of a copy of the said notice, with a notice of the proceedings
taken thereunder, in the office of the clerk of the city and county of
New York; and the said supreme court, or a judge or justice thereof,
to whom application shall be made, is hereby authorized and
directed to grant any of the Orders above named, and to take such
proceedings as shall be necessary to make the same effectual, and
any said judge or justice to whoma application shall be made is
hereby authorized and directed to enforce such lien in accordance
with the mechanics’ lien law of the city of New York; and in case
either of the notices hereinbefore mentioned shall be served upon
any lessee or party in possession of the building or premises therein
described, it shall be the duty of the person upon whom such ser-
vice is made to give immediate notice to the owner or agent of said
building named in the notice, if the same shall be known to the said
person personally, if such person shall be within the limits of the
city of New York, and his residence known to such person, and if
not within said city, then by depositing a copy of said notice in the
New York post-office, properly inclosed, and addressed to such
owner or agent, at his then place of residence, if known, and by
paying the postage thereon ; and in case any lessee or party in
possession shall neglect or refuse to give such notice as herein
provided, he shall be personally liable to the owner or owners of
said building or premises for all damages he or they shall sustain
by reason thereof.
§ 514. All the officers of the bureau of inspection of buildings,
except clerks and messengers, shall be either practical architects,
house carpenters, or masons, and shall have served a regular
apprenticeship as such, and shall make an affidavit to that effect,
which shall be filed in the office of the fire department before their
appointment to office in said bureau, and all said officers, except the
chief officer of said bureau, shall, before their appointment to office
in said bureau, pass an examination before the board of examiners.
referred to in section five hundred and four of this act, and shall
furnish a certificate of such examination from said board, certifying
to their competency to perform the duties of said office, which cer-
tificate shall be filed in the office of the fire department. It shall
not be lawful for any officer or employee of said bureau to be
engaged in conducting or carrying on business as an architect, car-
penter, mason, or builder while holding office in said bureau.
§ 515. The attorney to the fire department shall be authorized to
Sue for and collect all penalties and take charge of and conduct all
legal proceedings imposed or provided for by this title; and all
suits or proceedings instituted for the enforcement of any of the
Several provisions of the preceding section of this title, 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,
to whom all notices of violation shall be returned for prosecution,
and it shall be his duty to take charge of the prosecution of all such
suits or proceedings, collect and receive all moneys that may be
*
Enforcement of
1873, ch, 335, $76,
as amended
1880, ch. 521, §.
Qualifications of
officers of bu-
reau of inspec-
tion of build-
ings.
See 1871, ch. 625,
$42, as amended,
1874, ch. 547, $9,
Comp, 549.
1871, ch. 625, $43,
Comp. 549.
Attorney of fire
department to
conduct legal
proceedings,
162 THE FIRE DEIPATRTMENT.
To render ammu-
al account of re-
ceipts to comp-
troller.
1871, ch. 625, $44,
Comp. 550.
1880, ch. 521, $1.
Right of officers
to enter build-
ings, etc.
1871, ch. 625, $45,
Comp. 550.
187ſ, ch. 742, $14,
as amended,
1877, ch. 186.
1879, ch. 119,
Comp. 401.
Fund, how con-
§tituted.
Trustcos of
fund.
Trcasurer.
Control and de-
posit of fund.
Investment.
collected upon judgments, suits, or proceedings so instituted, and
upon settlement of judgment and removal of violations thereunder
execute satisfaction therefor, and he shall on the first of each and
every year render to the comptroller of the city of New York an
account of all penalties received, and shall thereupon pay over to:
the said comptroller the amount of such penalties collected by him,
which shall be held by the said comptroller as a fund for the use
and benefit of the said department, for the purpose of carrying into
effect any order or precept issued by any court or judge or justice
thereof in this title named, to the said department or inspector of
buildings; and the said comptroller shall pay over, from time to
time, out of the said fund, upon the requisition of the said board,
such sum or sums as may be allowed and adjusted by the said court,
or a judge or justice thereof, for such purpose, so far as the same
may be in his hands. -
§ 516. The attorney of said fire department and the officers,
clerks, and messengers of the said bureau of inspection of buildings,
shall perform such duties as they and each of them may be directed
to do and perform by the board of fire commissioners. All the
officers appointed under this title 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.
§ 517. It shall be the duty of the fire department to report, on
the first day of each month, to the New York board of fire under-
writers of said city, all unsafe or dangerous buildings, and any
information that he may deem important to said board,
Title 6. – Relief Fund and Pensions.
§ 518. All fines imposed by the board of fire commissioners, upon
members of the fire department force, by way of discipline, and
collectible from pay or salary, and all rewards in money, fees,
gifts, and emoluments that may be paid or given for account of
extraordinary services by any member of said force (except
when allowed to be retained by said member, or given to endow a
medal or other permanent or competitive reward), and all proceeds
of suits for penalties under title three of this chapter, and all
license fees payable under the same, or under the law with the exe-
cution of which the fire department is now or may hereafter be
charged, shall be received by the treasurer of the said board for the
time being, and applied by him for the purposes of the trust fund
hereinafter mentioned. The commissioners of the fire department
in the city of New York for the time being, and their successors in
office, are hereby continued as the trustees of the fund known as
“ the New York fire department relief fund,” and the treasurer of
the said board, for the time being, who shall be the treasurer
ex-officio of said relief fund, shall receive all moneys applicable to
the same, and deposit the same, as such treasurer of such relief
fund, to the credit of such relief fund, in a savings bank to be
selected by said trustees, and continue to receive and deposit funds
applicable to the same as received, to the credit of said fund, or to
invest the same on bond and mortgage on improved property worth
twice the amount loaned, or in public stocks, as said trustees may
IPENSIONS IN FIRE I) EI?AIRTMENT. 163
deem most advantageous for the object of such fund ; and said
trustees are empowered to make all necessary contracts, and to take
all necessary remedies in the premises. The treasurer of said fund
shall give a bond, with one or more sureties, in the sum of twenty
thousand dollars, for the faithful performance of his duties, said
bond to be approved by the comptroller and filed in his office. And
the said trustees, for and on behalf of the uses and purposes of
said fund, shall be entitled to receive, and there shall be paid to
them all duties, taxes, allowances, fines, penalties, and fees to which
the fire department of the city of New York, as at any time hereto-
fore established, has been or is entitled except as in this act other-
wise specially provided, and the said trustees may take, by gift,
grant, demise, or bequest, any money, real or personal property,
rights of property, or other valuable thing, the annual income of
which shall not exceed thirty thousand dollars in the whole ; and
in any year, when the condition of the said relief fund shall render
it, in the judgment of the said trustees, necessary, the board of fire
commissioners may receive from the authorities of the city of New
York a sum not exceeding five thousand dollars, to be included in
the annual estimate of the board, and drawn and collected by them
in like manner as the other moneys applicable to their expenses;
and such amounts so obtained shall, in like manner, be paid to and
applied by the treasurer to the use of said fund, by deposit or
investment as heretofore provided, as the trustees thereof shall
direct ; provided that the sum of two hundred thousand dollars,
which may be received and accumulated under the provisions of this
title, shall be reserved and retained as a permanent fund, the annual
income of which may be made available for the use and purposes of
said relief fund.
§ 519. The board of fire commissioners shall have the power,
by a unanimous vote, to retire from all service in the said fire
department, or to relieve from service at fires, any officer or member
of the uniformed force of the said department, who may, upon an
examination by the medical officer, ordered by the said fire commis-
Sioners, be found to be disqualified, physically or mentally, for the
performance of his duties; and the said officer or member so retired
from Service shall receive from the said relief fund an annual
allowance as pension, in case of the total disqualification for service,
or as compensation for limited service, in case of partial disability;
in every case the said board of fire commissioners to determine the
circumstances thereof; and said pension or allowance so allowed to
be in lieu of any salary received by such officer or member at the
date of his being so relieved or retired from fire duty in said depart-
ment; and the said department shall not be held liable for the pay-
ment of any claim or demand for services thereafter rendered ; and
the amount of such pension or allowance shall be determined upon
the following conditions: In case of total permanent disability,
caused in or induced by the actual performance of the duties of his
bosition, or which may occur after ten years' active and continuous
service in the said fire department, the amount of annual pension
to be allowed shall be one-half of the annual compensation allowed
such officer or member as salary at the date of his retirement from
the service, or such less sum in proportion to the number of officers
and members so retired, as the condition of the fund will warrant.
1873, ch, 895, $77,
Omp. 880,
Bond of
treasurer.
May take by
gift, bequest,
etc.
Proviso.
1871, ch. 742, $14,
as amended
1877, ch. 186, and
1879, ch. 119,
Comp. 408.
Retiring of
members of fire
department.
Pensions.
How
determined.
Total disability.
164 THE FIRE DEPARTMENT.
Partial dis-
ability.
1879, ch, 513, §1
Comp. 389,
Pensions to
Widows and
Orphans.
1871, ch. 742,914,
as amended,
1877, ch. 186,
In case of total permanent disability not caused in or induced b
the actual performance of the duties of his position, or which º
have occurred before the expiration of ten years' active and contin-
uous Service in the said fire department, the amount of annual pen-
sion to be allowed shall be one-third of the annual compensation
allowed such officer or member as salary, at the date of his retire-
ment from the service, or in proportion to the number of officers
and members so retired as the condition of the fund will warrant.
In case of partial permanent disability, caused in or induced by
the actual performance of the duties of his position, or which may
occur after ten years' active and continuous service in the said fire
department, the officer or member so disabled shall be relieved
from active Service at fires, but shall remain a member of the uni-
formed force, subject to the rules governing said force, and to the
performance of such light duties, as the ..i. officer of the said
department may certify him to be qualified to perform ; and the
annual allowance to be paid such officer or member shall be one-
half of the annual compensation allowed as salary at the date of his
being so relieved, or such less sum, in proportion to the number of
officers and members so retired, as the condition of the fund will
warrant. In case of partial permanent disability, not caused in or
induced by the actual performance of the duties of his position, or
which may occur before ten years' active and continuous service in
the said fire department, the officer or member so disabled shall be
relieved from active service at fires, but shall remain a member of
the uniformed force, subject to the rules governing said force, and
to the performance of such light duties as the medical officer of the
said department may certify him to be qualified to perform, and the
annual allowance to be º such officer or member shall not exceed
One-third of the annual compensation allowed as salary at the date
of his being so relieved, or such less sum as the said board may, in
their discretion, determine, or as the condition of the fund will
Warrant.
§ 520. The trustees of the relief fund are authorized and em-
powered, from time to time, to pay a pension out of the said relief
fund to the widow, child or children of any deceased officer or mem-
ber of the uniformed force of the said fire department, if the death
of such officer or member occur during his service in the said
uniformed force, or after he was retired from service in said uni-
formed force, provided, that the amount of any such pension to be
paid by the said trustees, to each of the several representatives of
such officer or member as aforesaid (in case there shall be more
than one), may be from time to time determined by the said trustees
according to the circumstances of each case, and that such pension
may be ordered to cease and terminate at any time, if, in the
Opinion of the trustees, the circumstances should warrant the
same ; and further provided, that not more than three hundred dol-
lars shall be paid in any one year to the representative or repre-
sentatives of such officer or member, and that no part of such sum
shall be paid to any such widow who shall marry again, after her
remarriage, or to any child after it shall have reached the age of
sixteen years.
§ 521. There shall be deducted from the monthly pay of each
officer and fireman of Said department, and from the monthly
TAX ON FOREIGN INSURANCE COMPANIES. 165
pension of retired members of said department, and from the pay
of such of the other employees of said department as shall desire
to avail themselves of this provision, the monthly sum of one dol-
lar, which shall be received and held by the treasurer of the relief
fund, in the like manner as the other moneys herein provided to be
paid to him, and which shall be known as the New York fire
department life insurance fund ; and in the case of the death of any
member or employee of said department, in the service thereof, or
of any pensioned or retired member of said department, and so
contributing, there shall be paid to the widow, or if there be no
widow, then to the legal representatives of such deceased member
or employee or pensioned and retired member, the sum of one
thousand dollars out of the moneys so assessed; and in the case by
reason of the number of deaths the aggregate amount of money so
provided to be assessed and j should prove inadequate to
make such payment, then the assessment may, in the discretion of
said trustees, be increased to not exceeding the sum of two dollars
in each month's pay, or each month’s pension of pensioned and
retired members of said department; and if, in any year, owing to
an excessive mortality in the uniformed force, the condition of said
life insurance fund shall render it in the judgment of the said
trustees, necessary, a sum not exceeding five thousand dollars may
be transferred and paid over from the said relief to the said
life insurance fund, for the use and purpose of said life insurance
fund. º
Title 7. —Taa, upon Foreign Insurance Companies.
§ 522. Any corporation or association created 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
one hundred and fifty 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 insurance upon property
in the city of New York, shall, except as otherwise in this title
provided, łº paid annually to the treasurer of the fire department,
and the residue of said tax requisite to make up the full amount of
taxation upon its capital, shall be paid to the mayor, aldermen, and
commonalty, 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 pre-
miums, capital, or assets; and whenever such capital shall be
reduced below said sum of one hundred and fifty 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 title.
§ 523. There shall be paid to the treasurer of the fire depart-
ment, for the use and benefit of said fire department, on the
first day of February, in each year, by every person who shall act
in the city and county of New York as agent for or on behalf of any
individual or association of individuals, not incorporated by the
laws of this state, to effect insurances against losses or injury by
1879, ch, 119,
Comp. 404.7
Monthly deduc-
tion 8 from, pay'.
of firemen.” .
Payment to "r,
widow8 or repre-
8entatives o
firemen.
Transfer from
relief to life in-
Surance fund.
1857, ch. 548, $1,
as amended
1858, ch. 255,
Comp. 408.
Corporation
liable to taxa-
tion.
Id. $1.
Moneys paid to
department by
insurance com-
panies, etc.
166 THE FIRE DEPARTMENT".
Id. $2.
Account On
premiums.
Id. $3.
*aking.
1857, ch, 548, $4,
Comp. 409.
Renewal of
undertaking.
Id, $5.
Penalty for not
executing un-
dertaking.
Id. $6.
Demand for
aCCounts,
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, effected or agreed
to be effected, or promised by him as such agent.
§ 524. Every person who shall act in the city as agent as afore-
said, 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.
§ 525. 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, 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 º
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
I'631 [111110 S. -
§ 526. Whenever, by reason of the failure of the sureties, or
either of them, or for any other cause, an undertaking given under
the last preceding section, shall or may be deemed 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, may require
such undertaking to be renewed.
§ 527. Every person who shall effect, agree to effect, promise or
procure any insurance mentioned in the preceding sections of this
title, without having executed and delivered the undertaking here-
in before required, 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 last preceding section, who shall effect,
agree to effect, promise or procure any such insurance, without
having executed and delivered the renewed undertaking, shall for
each offense forfeit one thousand dollars, for the use of the said fire
department. -
§ 528. It shall be lawful for the said treasurer of the fire depart-
ment, on or after the first day of February in each year, by written
or printed demand, signed by him, to require from every person
who shall act in the city as agent, as aforesaid, the account provided
TAX ON FORTIGN INSURANCE COMPANIES. 167
for in this title, and payment of the duty provided for ; such demand
Imay be delivered personally to such agent, or at his office or place
of łº to any person having charge thereof, or at his residence
to any person of suitable age. And every such agent who shall, for
ten days after such demand, neglect to render the account or to pay
the duty 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. •
§ 529. Every person who shall act in this city as agent, as afore-
said, shall, on the first day of February in each year, or within ten
days thereafter, and as often in each year as he shall change his
place of business in the said city, report, in writing, under his
proper signature, to the comptroller of this 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 these particulars, such person shall
forfeit for every offense the sum of one thousand dollars, for
the use of the said fire department.
$ 530. The duty provided to be paid by this title, the damages
for any breach of the undertakings, or either of them, provided for
therein, and the pecuniary penalties imposed therein, or any or
either of them, may be sued for and recovered, with costs of suit,
in any court of record within this state, by the fire department, in
their own name and for their own use.
§ 531. The defendant in any action to be brought for the recov-
ery of any penalty incurred, or any duty or sum of money pay-
able under this title, 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 from 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 this title, and
that the defendant is not a resident of this state, or is about
to remove therefrom.
§ 532. The corporation known as the trustees of the exempt fire-
men's benevolent fund of the city of New York, shall be entitled
to receive, and there shall be paid to them for nine years from
the seventeenth day of April, eighteen hundred and seventy-
nine, the percentage of tax on the receipts of the foreign fire
insurance companies doing business in the City of New York, as
provided by this title, and all returns and undertakings required by
this title º during such period be made to the treasurer of the
said corporation.
Id. $7.
Place of bugj-
neš8 to be re-
ported.
1857, ch. 548,
Comp. 410.
Suits for viola-
tions.
Id. $9,
Arrest of de-
fendant.
1866, ch. 638, $7,
as amended,
1879, ch. 80, $1,
Comp. 889.
Tax on foreign
insurance com-
panies to be paid
trustee8 benevo-
lent fund.
168 POWERS OF BOARD OF HEATLTH.
1874, ch. 636, §2,
Comp. 456.
Powers, etc., of
CHAPTER XII.
DEPARTMENT OF HEATLTTH.
Title 1.--Powers and Duties of the Department and its Officers.
§ 533. The authority, duty and powers of the board of health
shall extend over the waters of the bay, up to and within the quar-
bºrditerritórial antine limits as established by law, but shall not be held to inter-
extent Of.
1873, ch, 335,581,
Comp. 483.
Eureau.8.
Register Of
records,
1866, ch. 74, $14,
Comp. 429.
Building, exca-
vationſ, etc.
When danger-
Oug to life and
health.
Order to remove,
abate, etc.
Hearing before
board.
Rescinding of
order, etc.
fere with the powers and duties of the commissioners of quarantine
or health officer of the port.
§ 534. There shall be two bureaus in the department of health.
The chief officer of one bureau shall be called the “sanitary super-
intendent,” who, at the time of his appointment shall have been
for at least ten years, a practicing physician, and for three years
a resident of the City of New York, and he shall be the chief
executive officer of said department. The chief officer of the
second bureau shall be called the “register of records; ” and in
said bureau shall be recorded, without fees, every birth, marriage,
and death, and all inquisitions of coroners, which shall occur
or be taken within the City of New York. But in cases of
inquests where the jury shall find that death was caused by
negligence or malicious injury, only a copy of the record need be
filed in said bureau.
§ 535. First—Whenever any building, erection, excavation, prem-
ises, business pursuit, matter or thing, or the sewerage, drain-
age or ventilation thereof, in said city, shall, in the opinion of said
board (whether as a whole or in any particular), be in a condition
or in effect dangerous to life or health, said board may take and
file among its records what it shall regard as sufficient proof to
authorize its declaration that the same, to the extent it may specify,
is a public nuisance, or dangerous to life or health ; and said board
. thereupon enter in its records the same as a nuisance, and
Order the same to be removed, abated, suspended, altered, or
otherwise improved or purified, as said order shall specify; and if
any party served with such order (or intended to be according to
this chapter), shall, before its execution is commenced, or within
three days after such service or attempted service, apply to said
board, or the president thereof, to have said order or its execution
stayed or modified, it shall then be the duty of said board to tem-
porarily suspend or modify said order or the execution thereof
(save in cases of imminent danger from impending pestilence, when
said board may exercise extraordinary powers, as herein elsewhere
specified), and to give such party or parties together, as the case in
the opinion of the board may require, a reasonable and fair oppor-
tunity to be heard before said board and to present facts and proofs.
(according to the rules or directions of said board) against said
declaration and the execution of said order, or in favor of its modifica-
tion, according to the regulations of the board; and the board shall
enter in its minutes such facts and proof as it may receive, and its
proceedings on such hearing, and any other proof it may take; and
thereafter may rescind, modify or reaffirm its said declaration and
order, and require execution of said original, or of a new or modified
I?OWTSR'S OF POAIRD OF HEALTH. 169
order to be made, in such form and effect as it may finally deter-
mine. In cases where no hearing is asked for by the party affected,
the Order shall not be so altered as to render its effect more bur-
densome than the original order. Said board may change or mod-
ify any order made under this subdivision, and may by resolution
confer upon the president power to exercise in the absence of the
board the authority hereinbefore given it to temporarily suspend or
modify any order or its execution.
Second–Said board may order or cause any excavation, erec-
tion, vehicle, vessel, water craft, room, building, place, sewer, pipe,
passage, premises, ground, matter or thing (in said city or adjacent
Waters) regarded by said board as in a condition dangerous or detri-
mental to life or health to be purified, cleaned, disinfected, altered
or improved; and may also order any substance, matter or thing,
being or left in any street, alley, water, excavation, building, erec-
tion, place or grounds (whether such place where the same may be
be public or private), and which said board may regard as danger-
ous or detrimental to life or health, to be speedily removed to some
proper place; and may designate or provide a place to which
the same shall be removed, when no such adequate or proper
place, in the judgment of said board, is already provided. If said
order is not complied with, or as far complied with as said board
may regard as reasonable, within five days after such service or
attempted service, or within any shorter time which, in case of
pestilence, the board may have designated, or is not thereafter
Speedily and fully executed, then any such order may be executed
i. *in elsewhere provided in regard to any of the orders of said
O8,I’Ol.
§ 536. On or before the first day of March, eighteen hundred and
eighty-two, every master or journeyman plumber, carrying on his
trade in the city of New York, was required under such rules and
regulations as the board of health of the health department pre-
scribed, to register his name and address at the health department
of the said city. It is not lawful for any person to carry on the
trade of plumbing in the said city unless his name and address be
registered as above provided. A list of the registered plumbers
shall be published in the City Record at least once in each year.
Any person violating any provision of this section shall be deemed
guilty of a misdemeanor.
§ 537. The drainage and plumbing of all buildings, both public
and private, erected after the fourth day of June, eighteen hundred
and eighty-one, shall be executed in accordance with plans pre-
yiously approved in writing by the board of health. Suitable draw-
ings and descriptions of the said plumbing and drainage shall in
each case be submitted and placed on file in the health department.
The said board of health is authorized to receive and place on file
drawings and descriptions of the plumbing and drainage of build-
ings erected prior to said date.
§ 538. The powers of said board shall be construed to include the
ordering and enforcing in the same manner as other orders are pro-
vided to be enforced, the repairs of buildings, houses and other
structures; the regulation and control of all public markets (so far
as relates to the cleanliness, ventilation, and drainage thereof and
to the prevention of the sale, or offering for sale, of improper arti-
1866, ch. 686, §6,
a8 amended,
1867, ch. 956,310,
Comp. 441.
Excavation,
vehicles, vessels,
sewers, pumps,
GłC.
Id. Comp. 431.
Master or
journeymen
plumbers to
register.
º ch. 450,551,
2
Drainage, etc.,
to be according
to plans *.
proved by board
of health.
1881, ch. 450, $3.
1866, ch. 74, §12,
8.8 amended
1866, ch. 686, $3,
Comp. 428.
170 POWERS OF BOARD OF HEALTH.
Ventilation,
drainage, and
cleanliness of
markets, etc.
1867, ch. 956, $6,
Comp. 443,
1866, ch. 74, $14.
Comp. 432.
'Ordlmances
made law by
1866, ch. 74, §12,
£omp. 487.
Bone boiling,
etc.
1850, ch. 276,
4.itle 3,
may remove any
thing dangerous
to public health.
1854, ch. 384, $8,
Brooklyn
charter.
Comp. 462.
Infectious or.
contagious dis-
€8,808.
cles therein); the removal of any obstruction, matter, or thing in
or upon the public streets, sidewalks, or places which shall be in
their opinion liable to lead to results dangerous to life or health ;
the prevention of accidents by which life or health may be endan-
gered; and generally the abating of all nuisances. It is hereby ex-
pressly declared that the said board shall have and possess full
and complete power with reference to the ventilation, drainage, and
cleanliness of the stands or stalls in or around Fulton and Washing-
ton markets, and said board shall have in said city all common law
rights to abate any nuisance without suit which can or does in this
state belong to any person whatever.
§ 539. It is hereby declared to be the duty of every owner and
part owner and person interested, and of every lessee, tenant, and
occupant of, or in any place, water, ground, room, stall, apartment,
building, erection, vessel, vehicle, matter and thing in said city, and
of every person conducting or interested in business therein or
thereat, and of every person who has undertaken to clean any place,
ground or street therein, and of every person, public officer, and
board having charge of any ground, place, building or erection
therein, to keep, place, and preserve the same and every part, and
the sewerage, drainage, and ventilation thereof, in such condition,
and to conduct the same in such manner that it shall not be dan-
gerous or prejudicial to life or health.
§ 540. It shall not be lawful for any person or persons incorpo-
rated or unincorporated, to carry on, establish, prosecute, or continue,
within the city of New York, the occupation, or trade, or business
of bone boiling, bone burning, or bone grinding, horse skinning, cow
skinning, or skinning of dead animals, or the boiling of Offal; and
any such establishment, or establishments, or place of such busi-
ness existing within said city, shall be forthwith removed out of
said city, and such trade, occupation, or business shall be forthwith
abated and discontinued, provided that nothing herein contained
shall apply to the slaughtering or dressing of animals for sale in
said city. It shall be the duty of the board of health to ascertain
whether any such trade or business is carried on, or continued, or
established within the limits aforesaid, and to make and cause an
order to be served, in the same manner as other Orders of said board
are made and served, directing the discontinuance of said trade or
business, and the removal of all offensive or unwholesome mate-
rials or things appertaining to said trade or business.
§ 541. The board of health, when they shall judge it necessary,
may cause any cargo, or part of cargo, or any matter, or anything
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 at law by said board.
§ 542. The board of health shall possess and may exercise the
following powers:
1. By order to direct any vessel lying at a place within three
hundred yards of any wharf, landing place or shore of said city,
and from which they shall deem it probable that any infectious or
POWERS OF BOARD OF HEALTH, 171
contagious disease may be brought into said city, or communicated
to the inhabitants thereof, to be removed to the distance of at
least three hundred yards from any wharf, landing place, or shore
of Said city, within six hours after a copy of such resolution, certi-
fied by the secretary of said board, shall be delivered to the person
or persons having command of such vessel, or to the master, owner,
or consignee thereof; and every such person or persons, master,
owner, or consignee to whom such copy of such resolutions shall
be delivered shall forthwith comply with the same.
2. By order to direct to be removed to a place to be designated
by them, all things within the city which, in their opinion, shall
be infected with any matter likely to communicate disease to the
inhabitants.
§ 543. Every person who shall violate, or neglect, or refuse to
comply with any provision contained in the preceding section, or
in the resolution made or passed by the board of health in pur-
suance thereof, shall be deemed º of a misdemeanor, and, on
conviction thereof, shall be punished by a fine not exceeding two
hundred and fifty dollars, or imprisonment not exceeding six
months, or both ; and all such fines when collected shall be paid to
the comptroller.
§ 544. The board of health shall have power to prohibit at such
times, and for such period and periods of time as they shall see
cause, the packing or repacking of any salted provisions in any and
all parts of the city. No salted or pickled beef, pork, or fish
(except 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. This section shall not be construed to
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 pro-
visions so kept be sound and in good order.
§ 545. All salted or pickled provisions, and all hides, skins, and
cotton that may be deposited in those parts of the city 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 persons having
charge thereof, to the board of health, that the same may be
examined, and, if necessary, destroyed or removed. If such articles,
when ordered by the board of health to be removed, shall not be
forthwith removed by the owner or person having charge thereof,
the Sanitary superintendent shall cause them to be removed to some
safe place, there to remain at the risk of the owner.
§ 546. Nothing contained in the two preceding sections shall be
construed to extend to provisions exposed for sale by butchers in
the public markets, or kept by the heads of families for family use.
Every person who shall refuse or neglect to obey the directions of
said sections, or of the board of health pursuant thereto, in relation
to the provisions and other articles therein mentioned, shall be con-
sidered guilty of a misdemeanor, and, on conviction, shall be subject
to fine and imprisonment, or both, at the discretion of the court.
Such fine shall not exceed one thousand dollars, and such imprison-
ment shall not exceed two years.
§ 547. No rags, hides, or skins, arriving in the port of New
Removal to
hospital.
Id. $9.
Penalty for
violating rules.
1850, ch. 275,S$14,
5, 16,
Comp. 469.
i. prohibit
packing salted
provisions.
Salted beef, etc.,
not to be de-
posited in city.
Retail grocers
may keep not
exceeding five
barrels.
Id. §§17, 18,
Comp. 470.
Salted provi-
Sions,hides, etc.,
to be reported to
board of health.
To be removed
by owner or
sanitary super-
intendent.
Id. §20.
Id. $21.
Comp. 470,
Penalty.
1850,0h,275, §§22,
28, Comp. 470.
172 IPTOVISIONS AS TO INFECTIOUS DISEASES.
Rags, hides, and
ºn. prohibit-
(201.
Sound hides,
etc., excepted.
Id. §§24, 25,
Comp. 471.
Damaged cotton
to be reported
by owner.
Penalty for not
reporting,
1836, ch. 74, §16,
Comp, 434.
1867, ch. 956, $3,
Comp. 442.
Power in case of
contagious
diseases.
1881, ch. 478, §3.
Board of health
to erect building
for hospital for
Contagious
diseases,
1850, ch. 275, $8,
title 3, article 1,
Comp. 468.
1874, ch. 636, §1,
Comp. 457.
1850,275, title 3,
article 1, $7,
Comp. 468.
Non-residents.
1854, ch. 384, $7.
Brooklyn
charter.
Comp, 462.
Sick persons
not to be re-
moved from
vessels.
1874, ch. 635, $1,
Comp. 483.
Corps of vac-
cinators and
Other officers.
York, shall be deposited in any part of the city within which the
board of health shall have prohibited the packing or unpacking of
salted provisions, and all such articles brought into the city con-
trary to the above provision, may be seized and sold by the board
The board 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.
§ 548. It shall be the duty of the master and owner of every
vessel that shall have brought cotton into the city, between the
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 board of health. Every master or owner or
consignee refusing or neglecting to perform the duties So enjoined,
shall, for each offense, forfeit to the board of health the sum of
five hundred dollars.
§ 549. Said board may remove or cause to be removed to a
proper place, to be by them designated, any person sick with any
contagious, pestilential, or infectious disease; shall have exclusive
charge and control of the hospitals for the treatment of such
cases; and shall have power to provide and pay for the use of
proper places to which to remove such persons as well as to desig-
nate such places.
§ 550. The board of health is authorized and empowered to
erect, establish, maintain, and furnish, upon North Brothers island,
buildings and hospitals for the care and treatment of persons sick
with contagious diseases, and shall have the exclusive charge and
control of the said buildings and hospitals. It shall have power to:
take possession of, and occupy for temporary hospitals, any build-
ing or buildings in the said city, during the prevalence of an
epidemic, if in the judgment of the board the same may be required,
and shall pay for private property so taken a just compensation for
the same. Said board may cause proper care and attendance to be
given to persons sick, or removed, when it shall be made to appear
to the said board that any such person is so poor as to be unable
to procure for himself such care and attendance, or that the public
health requires special medical care and attendance.
§ 551. The board of health may send to such place as it may
direct, all aliens and other persons in the city, not residents thereof,
who shall be sick of any infectious, pestilential, or contagious dis-
ease. 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.
§ 552. No person shall remove any sick person from any vessel
or from any other place in said city without written permit for that,
purpose, granted by the president or one of the members of said
board.
§ 553. For the purpose of more effectually preventing the spread
of small-pox, by the thorough and systematic vaccination of all unvac-
cinated persons residing in said city, the said board is hereby
empowered to continue or organize a corps of vaccinators within
and subject to the control of the bureau of sanitary inspection, to
appoint the necessary officers, keep suitable records, collect and
PROVISIONS AS TO INFECTIOUS DISEASES. 173
preserve pure, vaccine lymph or virus, and to add to the sanitary ºf sº,
code such additional provisions as will most effectually secure the ºn, re.
end in view. Said board may take measures, and supply agents, ... * *
and afford inducements and facilities for general and gratuitous
vaccination and disinfection, and may afford relief to and among
the poor of said city as in its opinion the protection of the public
health may require.
§ 554. Whenever the amount of vaccine lymph or virus collected §º sº.
by the said corps shall exceed the amount required in the proper §iº
performance of its duties, the said board of health may authorize "P" “”
the sale of such surplus lymph or virus at reasonable rates, to be
fixed by said board. The avails of such surplus lymph or virus Avails thereof.
shall be accounted for and paid to the chamberlain, and shall be
set apart and constitute a distinct fund, to be known as “the fund
for gratuitous vaccination,” and shall be subject to the requisitions
of said board for the purposes named in the preceding section.
§ 555. It shall be the duty of the 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 º'
persons from going to any part of the city so inclosed. ..º.º.
2. To forbid and prevent all communication with the house or city.
family infected with any contagious, infectious or pestilential dis-
ease except by means of physicians, nurses or messengers to carry
the necessary advice, medicines and provisions to the afflicted.
3. To adopt such means for preventing all communication
between any part of the city infected with a disease of a pestilential,
infectious, or contagious character and all other parts of the city, as
shall be prompt and effectual.
§ 556. The board of health may issue its proclamation declaring 1850, chºſ; tº:
º e g 2, art. 4, §§26, 27,
any place where there shall be reason to believe a pestilential, con- &n. ;
tagious or infectious disease actually exists, to be an infected place fººt
within the meaning of the health laws of this state. Such procla- ºgº.
mation shall fix the period when it shall cease to have effect ; but have effect.
such period, if they shall judge the public health to require it, may
from time to time be extended by the board of health, and notice of
such extension shall be published in one or more of the newspapers
of the city.
§ 557. After such proclamation shall have been issued, all {:};
tº º gº § Wessels arriving
vessels arriving in the port of New York from such infected place from infected
shall be subject to a quarantine of at least thirty days or until the º
period when such proclamation shall cease to have effect as pro- *
vided by the last preceding section, and shall, together with their
officers, crews, passengers, and cargoes be subject to all the provi-
sions, regulations, and penalties in relation to vessels subject to
quarantine.
§ 558. The board of health may, in their discretion, prohibit or Hºuſewin
regulate the internal intercourse by land or water between the city infected E.
of New York and such infected place; and may direct that all per- "****
Sons who shall come into the city, contrary to their prohibitions or
regulations, shall be apprehended and conveyed to the vessel or
place whence they last came ; or if sick, that they be conveyed to
such place as the board of health shall direct.
$559. Whenever it shall appear to the board of health that any
174. f I?ROVISIONS AS TO INFECTIOUS DISEASES.
1850, ch. 275, S$20,
30, title 3, part 3,
Comp. 471.
Power to Oxtend
provisions of
this act.
I}oard may re-
voke proclama-
tion.
1849, ch. 350,511,
Comp. 461.
Board of health
may appoint an
agent.
1813, ch. 86, §297,
º 688, 79
N. Y. 384.
Regulating
grounds, yards,
cellars, etc.
Privies and
sink8.
1880, ch. 360, $1.
Drainage of
lands,
70 N. Y. 384.
Map to be ſlled.
Id. $2.
Right of Way.
g
of the provisions of this title, limited in their operations to a certain
period of the year, ought to be extended, the said board shall issue
its proclamation extending such provisions to such time as shall
be determined on by said board, and such provisions shall there-
upon be extended accordingly and with the like effect as if the
periods mentioned in the proclamation had been herein enacted.
If it shall appear to the board of health, while such proclamation
is still in force, that the necessity of extending the period therein
named has ceased, the board by a new proclamation declaring that
fact, shall revoke the proclamation issued pursuant to this section,
which shall then cease to have effect.
$560. The board of health may appoint any physician in their
employ, or in that of the commissioners of emigration, to act as the
agent of the board of health in all matters concerning the pro-
tection of the city against the introduction of contagious or infec-
tious diseases. -
§ 561. The said board 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 Hud-
son's river, or to the East river or Sound, as they may from time to
time think proper, to be filled 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 filling up or altering or 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.
§ 562. Whenever in the opinion of the board of health the pro-
tection of the public health requires the drainage of any lands in
said city, by means other than sewers, such board may adopt a
resolution describing the location of such lands, and directing the
proper drainage thereof, and the construction of drains therefor,
by the commissioner or commissioners of the department of said
city having jurisdiction to construct sewers in that part of said
city where such drainage is so required. Such board of health
shall thereupon cause a map to be made, whereon shall be shown
the location of such proposed drains, and the land required for the
construction thereof. Such resolution shall be entered at length
in the records of such board of health, and such map shall be filed
in such health department. A copy thereof shall be filed in the
office of the register of the city and county of New York. Such
board of health shall cause another copy of said map, together
with a copy of such resolutions, to be delivered to the commis-
sioner or commissioners of the department in said city who shall,
by such resolution, be required to construct such drains.
§ 563. It shall be the duty of such commissioner or commis-
sioners, upon the receipt of such map and resolution, through the
counsel to the corporation of said city, to take immediate and
proper proceedings for the acquirement of a right of way over,
under, or through the lands shown upon said map to be necessary
I?IROVISIONS AS TO INFECTIOUS DISEASES. 175
for such drains, and it shall be the duty of such counsel to the
corporation immediately to take proceedings and conduct them to a
speedy determination.
§ 564. The right of way over, under, or through the lands so
required for such drains shall be taken and acquired in the manner
required by law for acquiring title to lands in said city to be used
as public streets. Provided, however, that the time or times pro-
vided in such law for the giving or publication of any notice shall,
for the purposes of this section, be reduced one-half, and the time
for the sitting of the commissioners of estimate and assessment to
hear objections to their report is for the purposes of this section
hereby made two days in the place of ten days. Any maps, plans,
or surveys that may be required for the use of the commissioners
of estimate and assessment, to be appointed in such proceeding,
shall be furnished by the department charged with the construction
of the drains, and shall be prepared and made by surveyors in the
regular and stated employment of such department; neither the
expense of such surveys nor any other expenses, other than the
fees of the commissioners of estimate and assessment attending the
proceeding, shall be included in the assessment that may be made
by such commissioners of estimate and assessment. The counsel
to the corporation shall not be entitled to any compensation for
services to be rendered by him in such proceeding, other than his
stated salary. The commissioners of estimate and assessment
shall not be allowed any compensation for Office rent, clerk, or car-
riage-hire. They shall each be entitled to receive the following
rates as compensation for their services in full . Where the drain
to be constructed is five hundred feet or under in length, the sum of
twenty-five dollars. Where the drain exceeds five hundred feet in
length, twenty-five dollars, and in addition thereto, five cents per
foot for each running foot of drain in excess of five hundred feet,
but the compensation of each commissioner shall in no case exceed
one hundred and fifty dollars.
§ 565. Upon the confirmation of the report of the commissioners
of estimate and assessment by the court, the commissioner or com-
missioners of the department in said city having the charge of the
construction of such drains, as herein proposed, shall have the
power and they are hereby directed to make and adopt proper and
suitable plans for such drains, and to construct them. The neces-
sary cost of such drains, together with necessary expenses of levy-
ing the assessment therefor, shall be levied, assessed and collected
in the same manner as is authorized by law for the construction of
Sewers in the said city.
§ 566. The board of health shall have full and exclusive power
and authority over the removal of night-soil, and in the removal
of dead animals, offal, night-soil, blood, bones, tainted or impure
meats, and other refuse matter from said city. It is hereby charged
With the duty of causing the removal of the same daily, or as often
as may be necessary, and of keeping the said city clean from all
matter or nuisance of a similar kind.
§ 567. The board of health is authorized to make contracts
With any responsible person or persons for the removal of said
offal, dead animals, night-soil, and other refuse matter from the
city of New York, and to require and receive security in such
Id. $3.
How acquired.
Expenses of
surveys.
1880, ch. 360, §5,
Commissioners
to adopt plans.
Cost and ex-
Jense, how to
e levied.
1874, ch. 636, §10,
Comp. 458.
Night-soil, offal,
etc.
Id. §11.
Night-soil, offal,
dead animals,
etc., contract for
removal of,
176 DUTIES OF BOARD OF HEALTH.
1867, ch.956, $14,
Comp. 451.
Powers of board
-OVer COTOInCIS II)
New York,
Board may order
burial of body in
certain cases.
Or its removal.
City ordinance
binding by.
1865, ch. 74, §12,
Comp. 427, 488.
Removal of the
dead from
Cemeteries.
1866, ch. 74, §24,
Comp. 437.
State health
law8.
Reports from
hospitals, etc.
form and amount as the said board may approve, for the faithful
performance by the person or persons aforesaid, to whom such
contracts may by the said board be, in its discretion, awarded,
of all and every of the provisions of such contracts on his or
their part.
§ 568. The board of health may from time to time fix and define
the time of making, and the form of returns and reports to be
made to said board by the coroners of the city of New York, in all
cases of post-mortem inquests, or viewing of dead bodies held by
them or any of them ; and the said coroners are hereby required to
conform to the directions of said board in the premises, and it shall
be the duty of every coroner at once, and before holding any
inquest, upon being called upon to hold an inquest as aforesaid, or
notified thereof, to immediately transmit and cause to be delivered
to the secretary of said board of health, written notice of the fact
of such call for holding inquests in which shall be stated every
particular then known to said coroners as to said call, the body, the
place where it is, and the reported cause of death. If at any time
said board, or the sanitary superintendent, shall deem the protec-
tion of the public health to demand, it may (so soon as the coroner's
jury shall have viewed the dead body, and an autopsy thereof shall
have been made, provided the coroner deems the same necessary)
order the immediate burial of any dead body, or if he or it deems
that the public health demands an immediate removal of said body
from the place of death to another place for inquest, may likewise
at any time Order said immediate removal, and shall have power to
cause said orders to be obeyed and executed.
§ 569. It shall be the duty of the board to grant a permit for
the removal of the body of any deceased person from the city,
which has not been buried, upon receiving a certificate of the death
of said person, made in accordance with its rules. It may grant a
permit for the removal of the remains of any person interred
within the city to a place without the same, on the application of a
relative or friend of such person, when there shall appear to be no
just objection to the same.
§ 570. It shall be the duty of said board of health to aid in the
enforcement of, and, so far as practicable, to enforce all laws of
this state, applicable in said city, to the preservation of human life,
or to the care, promotion, or protection of health ; and said board
may exercise the authority given by said laws to enable it to dis-
charge the duty hereby imposed ; and this section is intended to
include all laws relative to cleanliness, and to the use or sale of
poisonous, unwholesome, deleterious, or adulterated drugs, medi
cine, or food. Said board is authorized to require reports and
information (at such times and of such facts, and generally of such
nature and extent, relating to the safety of life and promotion of
health as its by-laws or rules may provide) from all public dispen-
Saries, hospitals, asylums, infirmaries, prisons, and Schools, and
from the managers, principals, and officers thereof; and from all
other public institutions, their officers and managers, and from the
proprietors, managers, lessees, and occupants of all theatres and
other places of public resort or amusement in said city; but such
reports and information shall only be required concerning matters
or particulars in respect of which it may, in its opinion, need infor-
ORDERS OF DOARD OF HEALTH. 177
mation for the better discharge of its duties in said city. And it is ºr
hereby made the duty of the officers, institutions, and persons so ºftion
called on, or referred to, to promptly give such information and ºa.
make such reports verbally or in writing, as may be required by
said board.
§ 571. The board of health shall use all reasonable means for ſº, sí,
ascertaining the existence and cause of disease or peril to life or sºund
health, and for averting the same throughout said city, and shall ...” “.
promptly cause all proper information in possession of said board
to be sent to the local health authorities of any city, village, or
town in this state which may request the same, and shall add
thereto such useful suggestions as the experience of said board
may supply. -
§ 572. It shall be the duty of said board, so far as it may be able, ºº, slº,
without serious expense, to gather and preserve such information ºn a
and facts relating to deaths, disease, and health, from other parts * * *
of this state, but especially in said city, as may be useful in the
discharge of its duties, and contribute to the promotion of health
or the security of life in the state of New York.
§ 573. It º be the duty of said board to give all information 1866, chº, s15,
that may be reasonably requested concerning any threatened danger ºard to
to the public health, to the health officer of the port of New York, ºne
and to the commissioners of quarantine of said port; who shall ; }.
give the like information to said board; and said board, and said "".
officer and said quarantine commissioners shall, so far as legal and {...";"
practicable, co-operate together to prevent the spread of disease,
and for the protection of life, and for the promotion of health,
within the sphere of their respective duties. Said board may grant
bills of health to masters of vessels certifying to the condition of
the city in respect of health.
§ 574. It shall be the duty of the registrar of vital statistics to 1880.ch. 588,5812.
ascertain and report to each captain of police whether any phy-
Sician who applies for registry, as willing to respond to any call for
medical attendance, as provided in section two hundred and ninety-
Seven of this act, is in good and regular standing, and to transmit to
such captain a certificate thereof. It shall be the duty of the
board of health to pay at sight the fee of three dollars certified to
be due any physician, in accordance with section two hundred and
ninety-eight hereof, and to enter such payment in a book provided º
for that purpose, and to take up such certificate.
§ 575. The sanitary code adopted and declared as such at ; ;..."
meeting of the board of health of the health department of the ºxº
city of New York, held in the city on the second day of June, one N.º.º. iii.
thousand eight hundred and seventy-three, as amended in accord- ****
ance with law, is hereby declared to be binding and in force in said
city, and shall continue to be so binding and in force except as the
same may from time to time be altered, amended, or annulled by
said board. Said board is hereby authorized and empowered from
time to time to add to or to alter, amend or annul the said sanitary jºssº,
code or any part thereof. It may therein publish additional pro-" "
visions for the security of life and health in the city of New York,
and distribute appropriate powers and duties to the members and
employees of the board of health, not inconsistent with the consti- ºghºslo,
tution or laws of this state. It may embrace therein all matters **
12
178 OIRDERS OF BOARD OF HEALTH.
1874, ch. 636, $15,
Comp. 459.
1874, ch. 631, $15,
Comp. 459.
1873, ch. 345, $82,
Comp. 424.
1874, ch. 663, $4.
1866. ch. 74, §20,
Comp. 435.
1880, ch. 135, $1.
Not to affect
powers of board
of health.
1881, ch, 367, $11.
1867, ch. 956, §5,
Comp. 442.
Service of
Orders.
On agents of
tenement and
lodging houses,
and subjects to which and so far as the power and authority of said
board of health extends ; not limiting their application to the sub-
ject of health only. But no such alteration or amendment shall
take effect or be binding or in force until the same has been pub-
lished once a week for two successive weeks in the City Record.
The publication of additional provisions in and of additional
Ordinances of the sanitary code once a week for two successive
weeks in the City Tºecord shall be sufficient and render any further
publication of the same in any other newspaper unnecessary. . Any
violation of said code or its amendments shall be treated and
punished as a misdemeanor, and the offender shall also be liable to
pay a penalty of fifty dollars, to be recovered in a civil action in the
name of the health department of the city of New York, before any
justice or tribunal in said city, having jurisdiction of civil actions :
and all such justices and tribunals shall take jurisdiction of such
action. In all courts of justice or judicial proceedings proof of the
said sanitary code, and of the proceedings of such board of health
in relation thereto, by the production of the book of minutes of
such meeting held as aforesaid, or a transcript of the record of such
proceedings duly authenticated by the secretary of the said board
of health, shall be held and taken as complete and valid evidence
of the said sanitary code, its due adoption, enactment, and publi-
cation.
§ 576. The board of health shall cause to be enforced the pro-
visions of its sanitary code requiring that separate receptacles be
provided for ashes and rubbish, and for garbage and liquid sub-
stances, and forbidding that the same be placed or kept in the
same receptacle, and requiring the streets and sidewalks to be
kept free from incumbrance by such receptacles, except at such
times as may be designated by the commissioner of street cleaning
for the collection of their contents; and for violation of any of the
said provisions of said code both the owners and occupants of all
houses in the city shall be severally responsible and subject to the
penalties and prosecutions imposed by the said code, and all other
provisions of said code and of the city ordinances relative to the
cleanliness of the streets, and the said board of health is em-
powered to institute prosecutions and suits for penalties for the
violation of any such provisions, in the name of the mayor, alder-
men, and commonalty of the city of New York.
§ 577. Service of any order of said board of health shall be
deemed sufficient, if made upon a principal person interested in
(or upon a principal officer charged with duty in respect of) the
business, property, matter, or thing, or the nuisance or abuse to
which said order relates; or upon a person, officer, or board, or
one of the board who may be most interested in or affected by its
execution. If said order relate to any building (or the drainage,
sewerage, cleaning, purification, or ventilation thereof, or of any
lot or ground on or in which such building stands), used for or
intended to be rented as the residence or lodging-place of several
persons, or as a tenement-house or lodging house, Service of such
order on the agent of any person or persons for the renting of such
building, lot, or ground, or for the collecting of the rent thereof (or
of the parts thereof to which said order may relate) shall be of the
same effect and validity as due service made upon the principal of
ORDERS OF I}OARD OF HEALTH. 179
such agent, and upon the owners, lessees, tenants, occupants of
such buildings, or parts thereof, or of the subject-matter to which
such order relates.
§ 578. Service of any order made under the first subdivision of
section five hundred and thirty-five shall, before its execution, be
made on the owner, occupant, or tenant of the premises, property,
or business, or some of them, who to said board may appear most
directly interested in its execution, provided said parties or any of
them, are in said city and can be found, and such service can be
conveniently made. The Orders referred to in the second subdi-
vision of said section shall, if the proper person or persons are
known to the board, and can be conveniently found in said city, be
served upon One or more of the owners, occupants, lessees, or ten-
ants of the subject-matter to which said order relates, or upon one
or more of the persons whose duty it was to have done what is
therein required to be done, as the case may render just and
proper in the opinion of the said board. If personal service of an
order cannot be made by reason of absence from the said city, or
inability to find such person therein, to be shown by the official
certificate of the officer having such order to serve, then service
may be made through the mail, or by a copy left at the residence
or place of business of the person sought to be served, with a per-
son of suitable age and discretion.
§ 579. Said board shall cause to be kept a general complaint
book, or several such books, in which may be entered by any person,
in good faith, any complaints of a sanitary nature which such person
thinks may be useful, with the name and residence of the complain-
ant, and may give the names of the person or persons complained
of, and the date of the entry of the complaint, and such suggestions
of any remedy as may in good faith be thought appropriate, and
said books shall be open to all reasonable public examination as
the board may authorize ; and the board shall cause the facts in
regard to such complaints to be investigated, and the appropriate
remedy to be applied.
§ 580. The health department may use in compensation of
special inspectors, physicians, and nurses, and for supplies and
contingencies, such sum, not exceeding in the aggregate fifty thou-
sand dollars in excess of the annual appropriation as may be at any
time appropriated by the board of estimate and apportionment for
the prevention of dangers from contagious or infectious diseases
found to exist in said city, or for the care of persons exposed to
danger from contagious or infectious diseases. In the presence of
great and imminent peril to the public health by reason of impend-
ing pestilence, having first taken and filed among its records what
it shall regard as sufficient proof to authorize its declaration of
such peril, and having duly entered the same in its records, it shall
be the duty of said board to take such measures, and to do and
order, and cause to be done, such acts and make such expenditures
(beyond those duly estimated for or provided) for the preservation
of the public health (though not herein elsewhere or otherwise
authorized) as it may in good faith declare the public safety and
health to demand, and the mayor shall in writing approve. But
the exercise of this extraordinary power shall also, so far as it
nvolves such excessive expenditures, require the written consent of
1866, ch. 74, §14,
Comp. 430.
Id. Comp. 431.
Persons on
whom orders
are to be served.
When personal
8CrVICe Cannot
be made.
1866, ch. 74, §21,
Comp. 436.
Complaint book
1881, ch. 246,' #.
1866, ch. 74, §16,
Comp. 434.
1874, ch. 636, §1,
ºl. 2, Comp,
4
Extraordinary
measures and
expenditures,
180 I) (JTIES OF SUBORIOINATES.
1866, ch. 74, $17,
Comp. 426.
1880, ch. 461.
See 1873,
ch. 335, $81; 41
N. Y. Supr. 323.
Requisite ex-
penditures.
1866, ch. 74, $23,
Comp. 437.
Meetings of
board.
1873, ch. 335, $81,
Comp. 423.
1866, ch. 74, §6,
Comp. 425.
I)uties and
powers of
president.
1867, ch. 956, $1,
Comp. 441.
I) uties of
Hecretary.
1867, ch. 956, $1,
Comp. 441.
1866, ch. 74, $18,
Comp. 435.
Seal of board.
1866, ch. 74, $20,
Comp. 435.
By-laws.
at least three members of the board. And such peril shall not be
deemed to exist except when, and for such period of time, as the
said board shall declare.
§ 581. Said board may fit up and furnish such offices provided
for it in accordance with law, as the convenience of the board, its
officers, agents, and employees, and the prudent and proper dis-
charge of the duties of the board may require; and may, subject to
the other provisions of this act, make such incidental and additional
expenditures, having due regard to economy, as the purposes and
provisions of this chapter, and the dangers to life and public health
may justify or require ; and may provide that any failure of any
officer, agent or employee of the board to duly fulfill his engage-
ments or discharge his duty, shall cause a forfeiture of the whole
or any less portion of the salary or compensation of such officer,
agent or employee, as the rules or practice of the board may pro-
vide. The board of police is authorized to allow the board of health
to occupy a portion of its premises.
§ 582. Said board shall hold regular and special meetings as
frequently as the proper and efficient discharge of its duties shall
require ; the same to be held (unless it shall be impracticable so to
do, or shall be, for good reasons, otherwise ordered) at the regular
office of said board in the city of New York; and the rules or by-
laws shall provide for the giving of proper notice of all such meet-
ings to the members of the board.
§ 583. Said board may delegate any portion of its powers to the
president or sanitary superintendent, to be exercised when the board
is not in Session.
§ 584. The president of said board shall preside and preserve
Order at the meetings of the board; and in case of the absence or
inability of the regular secretary to attend, he shall appoint a sec-
retary pro tempore, who, for the time being, may perform any duty
of the secretary. The board at any time may elect persons to per-
form the duties of president or secretary pro tempore during any
time when either of said officers may be absent or be unable or may
refuse to perform their respective duties, who shall exercise the
powers of such officers, respectively. The secretary shall, subject
to the direction of said board, keep and authenticate its acts,
records, papers and proceedings, preserve its books and papers,
conduct its correspondence, and aid in accomplishing the purposes
of this chapter, as the board may direct. The board may designate
one of the clerks in the secretary's office of said board as “chief
clerk,” who may perform such duties of the secretary as shall be
assigned him ; and papers certified by said chief clerk shall be of
the same effect, as evidence and otherwise, as if certified by the
secretary. Said board shall keep records of its acts and proceed-
ings as a board, and of the execution of its orders so far as reason-
ably practicable. Said board may design and adopt a seal, and use
the same in the authentication of its orders and proceedings, com-
missioning its officers and agents, and otherwise, as the rules of the
board may provide. Said board may enact such by-laws, rules
and regulations as it may deem advisable, in harmony with the pro-
visions and purposes of this chapter, and not inconsistent with the
constitution or laws of this state, for the regulation of the action of
said board, its officers and agents, in the discharge of its and their
DUTIES OF SUBORDINATES. 181
duties, and from time to time may alter, annul or amend the
88,100 €.
$ 585. Said board may establish reasonable regulations as to
the publicity of its records and proceedings; and may publish such
information as may, in its opinion be useful, concerning, births,
deaths, marriages, sickness, and the general sanitary condition of
said city or any matter, place, or thing therein.
§ 586. It shall be the duty of the sanitary superintendent, as
he may be directed, to execute, or cause to be executed, the orders
of said board, and generally, according to its instruction, to exer-
cise a practical supervision in respect to the inspectors, agents, and
other persons other than the secretary, treasurer, and members of
the board or the members of the police force who may exercise any
authority under this chapter; and said officer shall devote his
services to the aforesaid purposes, as the board may from time to
time direct. Such superintendent shall make reports weekly, or
oftener, if directed by the board, in writing, stating generally his
own action and that of his subordinates, and the condition of the
public health in said city, and any causes endangering life or health
that have come to his knowledge during that period.
§ 587. The sanitary superintendent or the sanitary inspectors
or the officers of said board may visit all sick persons who shall
be reported to the board of health as sick of any contagious, pes-
tilential, or infectious disease and report to the board of health in
writing his or their opinion of their sickness. He or they shall
visit and inspect all vessels coming to the wharves, landing places,
or shores of said city, or within three hundred yards thereof, which
are suspected of having on board any infectious or contagious
disease, or likely to communicate the disease to the inhabitants of
said city, and all stores and places within said city which are sus-
pected to contain putrid or unsound provisions, or other articles
likely to communicate disease to the inhabitants, and make and
sign a report in writing, stating the vessel, stores, places, and
articles so inspected by him or them, and the nature, state, and
situation thereof, and his or their opinion in relation thereto, as to
the probability of disease being communicated by or from the
same, and file such report in the office of the board of health.
§ 588. Said board may appoint and commission such number
of “sanitary inspectors’ as the board may deem needful, not ex-
ceeding fifteen, and from time to time, prescribe the duties and
Salaries of each of said inspectors and the place of their perform-
ance (and of all other persons exercising any authority under said
board except as herein specially provided); but at least ten of such
inspectors shall be physicians of skill and of practical professional
experience in said city, and the residue thereof shall be selected
with reference to their practical knowledge of scientific or sanitary
matters, which may especially qualify them for such inspectors.
Each of such inspectors shall, twice in each week, make a written
report to said board, stating what duties he has performed, and
Where he has performed them, and also such facts as have come to
his knowledge, connected with the purposes of this chapter, as are
by him deemed worthy the attention of said board, or as its regula-
tions may require of him ; and such, and the other reports herein
elsewhere mentioned, shall be preserved among the records of
Said board.
1866, ch. 74, §35,
Comp. 438.
1866, ch. 74, §10,
Comp. 426.
Duty of 8anitary
Superintendent.
1854, ch. 384, $10,
Brooklyn
ºter, Comp.
& *… •
Health officer8’
duties.
1866, ch. 74, §11,
Comp. 426.
182 CO-OPERATIVE WITH BOARD OF HEALTH.
1873, ch. 335, $81,
Comp. 424
D. g
1874, ch. 636, §5,
Comp. 457.
Salary of attor-
ney of board.
1866, ch. 74, §22,
Comp. 436.
Board to employ
sanitary en-
gineers.
1866, ch. 74, §22,
Comp. 437.
Badge to be
worn by officers
of board.
1866, ch. 74, §22,
Comp, 437,
1866, ch. 74, $14,
Comp. 433,
Examinations,
1866, ch. 74, §17,
Comp. 434.
Police board to
advise health
board of danger.
See 41 N. Y.
Supr. 323.
1867, ch. 956, $21,
Comp. 268.
§ 589. Said board may appoint an attorney at a salary not
exceeding two thousand five hundred dollars a year, to be provided
for and paid as other salaries in said department. He shall when
appointed as such by the said board, be also its counsel, and shall
have a salary for his services as attorney and counsel to be fixed by
the said board not to exceed six thousand dollars.
§ 590. Said board may, from time to time, engage a suitable
person or persons to render sanitary engineering service, and to
make or supervise practical and scientific sanitary investigations
and examinations in said city requiring engineering skill, and to
prepare plans and reports relative thereto.
§ 591. And said board may provide a badge of metal, with a
Suitable inscription thereon, and direct and require it to be worn,
in a position to be designated, by any person or officer under the
authority of said board, at such times and under such circum-
stances as the rules or by-laws of said board shall direct.
§ 592. The members of said board, the sanitary superintendent,
or any of the Sanitary inspectors, and such other officer or person
as may at any time be by said board authorized, may, without fee
or hindrance, enter, examine, and survey all grounds, erections,
vehicles, structures, apartments, buildings, and places in said city,
including vessels of all kinds in the waters, and all cellars, sewers,
passages, and excavations of every sort, and inspect the safety and
Sanitary condition, and make plans, drawings, and descriptions
thereof, according to the order or regulations of said board. Said
board may make and publish a report of the sanitary condition,
and the result of the inspection of any place, matter, or thing in
said city so inspected, or otherwise as aforesaid, so far as, in the
opinion of said board, such publication may be useful.
§ 593. Proofs, affidavits, and examinations as to any matter
under this chapter may be taken by or before one or more mem-
bers of the board, or other person, as the board shall authorize ;
and the secretary, the sanitary superintendent, and any member of
said board shall, severally, have authority to administer oaths in
such matters, and any person guilty of willfully testifying falsely
shall incur all the pains and penalties of perjury.
§ 594. It shall be the duty of the board of police (and of its
officers and men, as said board shall direct), to promptly advise the
board of health of all threatened danger to human life or health,
and all matters thought to demand its attention, and to regularly
report to said board of health of violations of its rules and of said
ordinances, and of the health laws and all useful sanitary informa-
tion. Said boards shall, so far as practicable and appropriate,
co-operate for the promotion of the public health and the
safety of human life in said city. The board of police may,
if requested by the board of health, employ their surgeons to aid
the sanitary inspectors in the discharge of their duties, under such
regulations and orders as the board of police may make and issue.
It shall be the duty of said board of police, by and through its
proper officers, agents, and men, to faithfully and at the proper
time enforce and execute the sanitary rules and regulations, and
the Orders of said board of health (made pursuant to the power of
said board of health), upon the same being received in writing and
duly authenticated as said board of health may direct. Said board
CO-OI2ERATIVE WITH T2OART) OF HIEAT,TH. 183
of police is authorized to employ and use the appropriate persons
and means, and to make the necessary and appropriate expenditures
for the execution and enforcement . said rules, Orders and regula-
tions, and Such expenditures, so far as the same may not be
refunded or compensated by the means herein elsewhere provided,
shall be paid as the other expenses of said board of health are
paid. In and about the execution of any order of the board of
health or of the board of police made pursuant thereto, police
officers and policemen shall have as ample power and authority as
when obeying any order of or law applicable to the board of police,
or as if acting under a special warrant of a justice or judge, duly
issued; but for their conduct they shall be responsible to the
board of police and not to the board of health. Said board may,
with the consent of the board of police, impose any portion of the
duties of subordinates in said department upon subordinates in the
police department.
§ 595. The said board of health, if it shall consider the public
health Or interests so to require, may execute orders through its
own officers or persons, and means to be engaged by the said board
of health. Whatever expenses said board of health may lawfully
and properly incur in the execution of any judgment aforesaid,
or in executing, or in connection with its own orders, made in good
faith, or in and about the discharge, in good faith, of its duties, or
in Satisfying any liability or judgment it may have in good faith
incurred or suffered by reason of its acts done in good faith as
aforesaid, or in satisfying any claim against its officers or subordi-
nates, arising from their acts in the discharge in good faith of their
respective duties, shall, so far as established, be paid out of its
fund or other moneys. -
§ 596. All orders duly made by the department of health to
which said department succeeded, and by their terms or necessary
legal effect to be executed in the city of New York, may be exe-
cuted, and the execution thereof compelled, and the execution of
such of them as are partly executed may be compelled by the
department of health ; and the said orders may be severally
rescinded or modified by said department, with like effect as could
have been done by the department existing at the time the said
orders were severally made. The said department may discharge
all liens upon real estate in the city of New York, created in pro-
ceedings instituted by the metropolitan board of health, or the
department of health which succeeded thereto, in the same manner
and for the same causes that, by laws existing January first, eigh-
teen hundred and seventy, they could be discharged by the metro-
politan board of health.
§ 597. It is made the duty of all boards, officers, and agents,
having the control, charge or custody of any public structure, work,
ground or erection, or of any plan, description, outline, drawing, or
charts thereof, or relating thereto, made, kept or controlled under
any public authority, to permit and facilitate the examination and
inspection, and the making of copies of the same by any officer or
person thereto by said board authorized. It is made the duty of
all persons, officers and boards to make to said board of health the
reports and returns, and to give the information and afford to said
board the aid and facilities which by law or ordinance they or any
Powers of police
in their enforce-
ment of Sanitary
rules.
1873, ch. 335, $81,
Comp. 423.
1874, ch. 636, §7,
Comp. 458.
Orders of board
of health, how
executed.
Expenses, how
paid.
1873, ch. 335, $82,
as amended
1873, ch. 757, §12,
Comp. 424.
1866, ch. 74, §22,
Comp. 436.
1866, ch. 74, §24,
Comp. 438.
184 REGISTRY OF MARRIAGES, ETC.
Id. $25,
What board is
| required to
(1O.
1867, ch. 956, §7,
Comp. 449.
Members and
Officers of board
not personally
liable.
º 1874, ch. 636,
Board liable to
action.
What may be
recoverod where
no undertaking
given.
1866, ch. 74, §2.
Comp. 425.
1866, ch. 74, §12,
Comp. 427.
See id. $26,
Comp, 438.
No salary or fee
to be paid ex-
cept as herein
provided.
1853, ch. 75, $1,
Comp. 472.
TJnchanged.
Registry of
Imarriages.
of them were required to make, afford, or give to any person, officer
or board, when any powers conferred on said board of health were
exercised by any other officer of board.
§ 598. Such board shall not be required to make any return or
report, or give any information or advice, or, do any act, which,
under the former administration of the health laws in said city, was
made necessary or appropriate by reason of the various officers,
boards, or agents by or through which said laws were executed or
º or the powers conferred were exercised.
§ 599. No member, officer or agent of said board of health, and
no person (but only the board itself) shall be sued or held to liability
for any act done or omitted by either person aforesaid (in good faith
and with ordinary discretion) on behalf of or under said isoard, Ol'
pursuant to its regulations, ordinances or the health laws. And
any person whose property may have been unjustly or illegally
destroyed or injured, pursuant to any order, regulation or ordinance,
or action of said board of health or its officers, for which no per-
sonal liability may exist as aforesaid, may maintain a proper action
against said board for the recovery of the proper compensation or
damage to be paid by and from the funds of said board of health.
Every such suit must be brought within six months after the cause
of action arose, and the recovery shall be limited to the damages
suffered. And there shall be the same right to sue and recover
against said board (the amount to be paid from its funds) when no
security or undertaking is given by the board on appeal, or
the granting of an injunction, that would have existed to sue and
recover of any party to such undertaking, had the same been duly
executed by any such party and board, and duly approved and filed
according to the practice in analogous cases.
§ 600. Whenever the words “place, matter, or thing,” or either
two of said words, are used in this title or in titles four and five of
this chapter, they shall, unless the sense plainly requires a different
construction, be construed to include whatever is embraced in the
enumeration with which they are connected in section five hundred
and thirty-five.
§ 601. No salary or compensation shall be paid to, or fees de-
manded by, or expense ordered to be incurred by any officer, board
or agent, or in respect to any service, expenditure or employment
under the authority of any health law, ordinance, regulation or
appointment of or in said city, unless such salary, expenditure,
employment, fees or expense shall be authorized by the department of
health. No municipal body or other authority shall create or employ
any officer or agent, or incur any expense under any health laws
or ordinances, or in respect of any matter concerning which said
department is by this chapter given control or jurisdiction.
Title 2–Marriages, Births and Deaths.
§ 602. It shall be the duty of the clergymen, magistrates, and
other persons who perform the marriage ceremony in the city of
New York, to keep a registry of the marriages celebrated by them,
which shall contain, as near as the same can be ascertained, the
name and surname of the parties married ; the residence, age and
condition of each ; whether single or widowed.
REGISTRY OF MARRIAGES, ETC. 185
§ 603. It shall, be the duty of the parents of any child born in ſº, sia,
said city (and if there be no parent alive that has made such re-jºio
port, then of the next of kin of such child born), and of every per- ºn tº sº,
son present at such birth, within five days after such birth, to Comp. 478.
report to said board in writing, so far as known, the date, ward and
street number of said birth, and the sex and color of such child
born, and the names of the parents. It shall also be the duty of
physicians and professional midwives to keep a registry of the sev-
eral 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 resi-
dence of the parents and to report the same, on or before the first
Monday of each and every month, to the board of health.
§ 604. It shall be the duty of the next of kin of any person 1866, ch, 74, $13,
deceased, and of each person being with such deceased person at ; ;',
his or her death, and of the person occupying or living in any house lºsed per
or premises in or on which any person may die, to report in ; 75, $1,
writing to said board within five days after such death, the age,
color, nativity, last occupation and cause of death of such de-
ceased person, and the ward and street, the place of such person's
death, and last residence. Physicians who have attended de-
ceased persons in their last illness shall, in the certificate of the
decease of such persons, specify, as near as the name can be ascer-
tained, 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 persons,
and the coroners of the city in such cases as an inquest may have.
been held, shall in their certificates conform to the requirements"
of this section.
§ 605. For every omission of any person to make and keep the
registry of marriages and births required by the preceding sec-
tions, and for every omission to report a written copy of the same
to said board within ten days after any birth or marriage provided
to be registered ; and for every omission by any person to make the
report of any death or birth, with the particulars as herein required,
any person guilty of such omission shall be liable to pay a fine of
ten dollars, which may be sued for and recovered in the name of
such department for the benefit of said department. But no person
shall be liable for such fine for not making the report herein required,
if he or she shall prove that such report has been made to the
board by some other person before suit brought for such penalty,
or that he or she was ignorant of such birth or death.
§ 606. The board of health shall keep a record of the births,
marriages, and deaths reported to it; the births shall be numbered
and recorded in the order in which they are received by it ; and
the record of births shall state, in separate columns, the place and
date of birth, the name, sex, and color of the child, the names and
residence of the parents, as fully as they have been received, and
the time when the record was made. The marriages shall be num-
bered and recorded in the order in which they are received by the
board, and the record thereof shall state, in separate columns, the
date of marriage, name, residence, and official station, if any, of the
persons, by whom married, the names and surnames of the parties,
Comp. 473.
1866, ch. 74, §13,
Comp. 429.
Pena ty for
omission to re-
port.
When party not
liable to penalty
1853, ch. 75, $2,
Omp. 473.
Record of births
marriages and
deaths.
186 T) UTIES OF IPHYSICIANS.
1866, ch. 74, §13,
Comp. 429.
º ch, 259, §§1,
• *gistration of
births.
Where recorded.
Certificate of
physician or
midwife.
1850, ch. 275,
title 3, art. 2, $10,
Comp, 469.
Duties of physi-
C18H18,
Pestilential and
contagious dis-
(2%). 868.
Feport of sick.
age, the color and condition of each ; whether single or widowed,
and the time when the record was made. The deaths shall be like-
wise 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. Said board shall
perform all the duties by this section imposed, as a part of its reg-
ular duties, and no fees shall be demanded or received by reason
thereof.
§ 607. The births of the children of actual residents of the city
of New York which may have occurred during the temporary absence
of the parents of such children from the city of New York, and the
births of children which failed to be recorded through the neglect
of the physician or other medical attendant present at such birth,
may be recorded in the bureau of vital statistics of the health
department of said city, in a special book to be kept for such pur-
pose, upon application in such behalf by the parents or guardians.
of such children. Transcripts of any record in the said bureau of
vital statistics may be given, in the discretion of the board of
health, to the parent or the next of kin to any person whose birth,
death or marriage is there recorded, or to any one person authorized
to apply for the same, but no transcripts of false or fraudulent.
returns made to the said bureau, nor of the entries thereof, shall be
given ; and they shall be canceled upon due proof of the facts to
the board of health. Such application shall be made to the board
*of health, and shall be accompanied by a certificate of the physi-
cian or midwife attending professionally at such birth, and person-
ally cognizant thereof, together with the affidavit of at least two
citizens certifying to their knowledge of the facts, and that the phy-
sician or midwife making such certificate of birth is a reputable
person in good standing in the community in which he or she may
reside. No change or alteration shall at any time be made in any
of the records of the said bureau of records in said city without
proof satisfactory to and upon the approval of the said board of
health.
Title 3.—Duties of Physicians and others.
§ 608. It shall be the duty of each and every practicing physi-
cian in the city of New York:
1. Whenever required by the board of health, to report to said
board 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, stating the name of such patient and the
name and place where he shall then be, and the number of persons.
attended by Such physician, who shall have died in said city during
the twenty-four hours next preceding such report, of any such pes-
tilential, contagious or infectious disease.
2. To report in writing to the said board every patient he shall
have laboring under any pestilential, contagious or infectious dis–
D'UTIES OF THYSICIANS. 187
ease, and within twenty-four hours after he shall ascertain or sus-
pect the nature of the disease.
3. To report to the said board when required by it, the death of
any of his patients who shall have died of disease within twenty-
four hours thereafter, and to state in such report the specific name
and type of such disease.
§ 609. The board of health may require any physician to make
and file in its office, within such time as they may prescribe, not
less than three hours after service of a copy thereof upon him, an
affidavit, stating therein whether he has or has not any patient, who,
in his opinion, shall then be sick of any pestilential, contagious, or
infectious disease, and if he has any such patient, to state in such
affidavit his or her name, and the house or place in said city where
he Or she shall then be, and the nature or name of such disease,
to the best of his knowledge and belief.
§ 610. Every practicing physician who shall refuse or neglect to
perform the duties enjoined on him by the six hundred and eighth
section hereof, shall be considered guilty of a misdemeanor, and
shall also forfeit for each offense the sum of two hundred and fifty
dollars, to be sued for and recovered by the department of health.
It shall be the duty of each commissioner of health, and of each
visiting, hospital, and consulting physician, to make 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 said section have been violated ; and if such physician shall neg-
lect or refuse to perform his duty, the board shall suspend him from
any office under said board, and he shall, moreover, be liable to such
further penalty as the said board shall prescribe.
§ 611. Every person keeping a boarding or lodging house in the
city, shall, whenever required by the board of health, report in
writing to the board the name of every person who shall be sick in
his house within twelve hours after each case of sickness shall have
occurred.
§ 612. Every master, owner, or consignee of a vessel, laying at a
wharf, or in the harbor of the city of New York, shall make a like
report, and within the same period, or the name of every sick per-
Son on board such vessel; and no person shall be removed there-
; without a written permit for that purpose from the board of
ealth.
§ 613. It shall not be lawful to drive any cattle, sheep, Swine,
pigs, or calves through the streets or avenues of New York, or any
of them, except at such times and in such manner as the board of
health may, by ordinance or resolution, prescribe. But so long as
said board shall permit the business of slaughtering animals, for
food to be carried on in that portion of the city south of Fortieth
Street, it shall be lawful to drive, through such streets and avenues
as may be designated by said board, and under such restrictions
as to numbers as said board may prescribe, cattle from eight
o'clock in the evening till two hours after sunrise in the morning,
and sheep until twelve o’clock at noon. But in designating the
streets and avenues, the said board shall have regard as well to the
convenience of persons driving the same as to the character, con-
dition, and ordinary use of said streets and avenues.
Report of dead.
1854, ch. 384, $5.
Brooklyn
charter.
Comp. 461.
See 1866, ch. 74,
$13, Comp. 428.
Physicians to re-
port cages of
malignant sick-
T] (288.
1850, ch. 275, tit.
3, art. 3, $27,
Comp. 471.
Id. §13.
Physicians
violating $608,
subject to fine
and imprison-
Iment.
1850, ch. 275, tit.
3, art. 2, §11,
Comp. 469.
Dutie- of board-
ing-house
keepers.
Id, $12.
Duties of
masters and
Owners of veg-
Sels.
1867, ch. 700, $1,
Comp. 460.
Cattle driven
through streets.
188 ENFORCEMENT OF HEALTH OBDINANCES.
1866, ch. 74, $14,
as amended
1866, ch. 686, §5,
Comp. 433.
Order for ex-
amination be-
fore justice of
the Supreme
4.ourt.
See 1874, ch. 636,
$13.
What applica-
tion for order
shall state.
Answers of per-
8ong examined
Thot to be used
in criminal pro-
ceedings.
1874, ch. 636, §13,
Comp. 459.
Appearance and
examination of
witnesses.
Title 4.—Enforcement of Orders and Ordinances.
§ 614. Any judge of the supreme court of the first judicial
district, or who is holding court or chambers therein, upon the
written application of said board or its president, to be made by or
through its attorney, may issue his order by him subscribed for
the examination without unreasonable delay by or before such jus-
tice, of any person or persons, and the production of books or
papers, or the inspection and taking of copies of the whole or parts
thereof, at a time and place within said city, and in said order to
be named ; and it shall be the duty of such justice to take or super-
intend such examination, which shall be under oath, and shall be
signed by the party or parties examined and be certified by said
judge, and with any copies of books or papers be delivered to said
board or its secretary, for the use of said board. And such exam-
ination, and any proceeding connected there with or under said
order, may wholly or in part be had, conducted or continued by or
before any other of said judges, as well as that one thereof, who
made said order; and in and about the same, every such judge
shall have as full power and authority to punish for contempt, and
enforce obedience to his said or other order or directions respecting
the matter aforesaid (or that of any other judge), as any such judge
of the Supreme court may now have or shall possess to enforce
obedience or punish contempt in any case or matter whatever.
Such application shall name or describe the person or persons
whose examination is sought (and so far as possible the books or
papers desired to be inspected), and the matters or points affecting
life or health in said district as to which said board requests the
same to take place, and the judge shall, on the proceedings, decide
what questions are pertinent and allowable in respect thereto, and
shall require the same to be properly answered ; but no answer of
any person so examined shall be used in any criminal proceeding.
Service of any order of any such judge may be made, and the same
proved in the same manner as the service of either an injunction or
of a subpoena may be made or proved. And it shall be the duty of
all said judges to facilitate the early determination of the aforesaid
proceedings. -
§ 615. Upon the application of any party in interest in any mat-
ter pending examination before said board of health, by affidavit,
stating the grounds of such application, to any judge of a court of
record, and asking that any person or persons therein named shall
appear before said board of health, or any person taking or about
, to take such examination, at some time or times and place to be
stated in said affidavit, it shall be the duty of such judge, if he shall
discover reasonable cause so to do, to issue his order requiring such
person or persons named to appear and submit to such examina-
tion as and to the extent such order may state, at the time and
place to be in said order named ; and such order to be signed by
such judge, may be served, and shall in all respects be obeyed as a
subpoena duly issued ; and a refusal to submit to the proper exam-
ination may be punished by such judge, or by any judge of such
court as a contempt of court, upon the facts as to such refusal being
brought before any such judge by affidavit.
ICNTORCEMENT OF HEALTH ORDINANCES. 189
§ 616. Said board of health may sue or be sued in or by the
proper name of “the health department of the city of New York,”
and not in or by the name of the members of said board or any of
them ; and Service of all process in Suits and proceedings against
or affecting said board, ºf other papers may be made upon the
president of said board, or upon its secretary, and not otherwise,
except that, according to usual practice in other suits, papers in
suits, to which said board of health is a party, may be served on its
attorney. *
§ 617. Said board of health may institute and maintain all such
suits and proceedings as shall be reasonable, necessary and proper,
for recovering any moneys expended, enforcing any lien or the pay-
ment of any fine, the punishment for any offense, or in other respects
carrying out the provisions of the laws under which it acts.
Š-618. In all actions in proceedings against the mayor, aldermen
and commonalty of the city of New York, or any other department
or person whatsoever in which any action, Order, regulation, ordi-
nance or proceeding of the said board, or of any persons acting
under or pursuant to its authority shall be called in question or
made the subject of the action or proceeding, the said board of
health shall be a necessary party, and have the right to answer,
to appear, and to take part therein by its own attorney and counsel.
§ 619. No preliminary injunction shall be granted against the
board of health, or its officers, except by the supreme court, at a
special or general term thereof, after service of at least eight days'
notice of a motion for such injunction, together with copies of the
papers on which the motion for such injunction is to be made.
Whenever said board shall seek any provisional remedy, or shall
prosecute any appeal, it shall not be necessary before obtaining or
prosecuting the same to give any undertaking, but such board shall
be liable in the same manner as if an undertaking had been given
in the Ordinary manner.
§ 620. The action, proceedings, authority, and orders of said
board shall at all times be regarded as in their nature judicial, and
be treated as prima facie just and legal. All meetings of said board
shall in every suit and proceeding be taken to have been duly called
and regularly held, and all Orders and proceedings to have been
duly authorized, unless the contrary be proved. In any suit, the
right of said board or the board of police to make any order, or
cause the execution thereof, shall be presumed.
§ 621. All courts shall take judicial notice of the seal of said
board and of the signature of its secretary and chief clerk. Copies
of the record of the proceedings of said board, of its rules, regula-
tions, ordinances, by-laws, and books, and papers constituting part
of its archives, when authenticated by its secretary or secretary
pro tempore, shall be presumptive evidence, and the authentication
be taken as presumptively correct in any court of justice or judicial
proceeding, when they may be relevant to the point or matter in
Controversy, of the facts, statements, and recitals therein contained.
§ 622. Whoever shall violate any provisions of this chapter, or
any order of said board made under the authority of the same, or
any by-law or ordinance therein referred to, or shall obstruct or
interfere with any person in the execution of any order of said
board or any order of the board of police, in pursuance or execution
1374, ch. 636, §4.
Comp. 457.
In what name
board may sue
and be Bued.
70 N. Y. 530.
7 Daly, 260.
1874, ch. 636, §8,
Comp. 458.
Board may re-
cover moneys,
etc.
70 N. Y. 530.
1874, ch. 636, §5,
Comp. 457.
53 How. 324.
1867, ch. 956, $9,
Comp. 449.
No injunction
against board,
except by su-
preme court on
notice.
1867, ch. 700, $3,
Comp. 460.
1866, ch. 71, $31,
440
Comp. 440.
1866, ch. 74, §23,
Comp. 437.
1866, ch. 74, §14,
Comp. 432.
1867, ch. 950, $1,
Comp. 441.
1876, ch. 636, §12,
Comp. 459.
Court to take
judicial notice.
Record of pro-
ceedings, certi-
fied copies of,
evidence.
1866, ch. 74, §30,
as amended.
1866, ch, 686, §2,
Comp. 439.
1867, ch. 956, §17,
Comp. 452.
Violating orders
of board a mis-
demeanor.
190 WIOLATIONS OF HEATTH REGULATIONS.
Refusal to Con-
form to regula-
tions, etc., a
misdemeanor.
Penalty.
1867, ch. 956, §2,
Comp. 442.
1866, ch. 74, §30,
as amended,
1866, ch. 686, §2,
Comp. 439.
Suits may be
against one or
more parties
and in name of
board.
Papers to be
served by police-
IllêI1,
Civil actions, in
what courts may
be brought.
of the order of the board of health, or willfully omit to obey any
such order, shall be guilty of a misdemeanor, and be liable to be
indicted and punished for such offense ; and in cases where it was
made a misdemeanor to do or omit any act or thing, when any power
or authority hereby conferred upon the department of health were
exercised by any other board or officer or officers, the omission or
doing of such, or a corresponding act or thing, which this chapter
requires, or contemplates to be done or forbids, shall in like man-
ner be a misdemeanor, and the offender shall be liable to indictment
and punishment for the same. A willful omission or refusal of any
individual, corporation or body to conform to any regulation of said
board duly made for the protection of life or the care, promotion or
preservation of health, or the carrying out the purposes of this chap-
ter pursuant to its power or authority, shall be a misdemeanor, and
the person or officers guilty thereof shall be liable to indictment and
punishment as for a misdemeanor. All prosecutions and proceed-
ings against any person for a misdemeanor under this chapter may
be had or tried before any judge or tribunal having jurisdiction of
any misdemeanor within said city. Any person, corporation or body
which may have willfully done or omitted any act or thing which is
in this chapter, or any law or ordinance therein referred to, declared
to be, or to subject the party guilty thereof to punishment for a
misdemeanor, shall, in addition thereto, be subject to a penalty of
two hundred and fifty dollars, to be sued for and recovered by said
board in any civil tribunal in said city. Where in any case the
minimum penalty for a refusal to obey, or for a violation of any
order, regulation or ordinance of said board of health, or any law,
is not fixed, the amount recovered in such case shall not be less than
twenty dollars, and the judge or justice who presided at a trial
where such penalty is claimed, shall, on said trial, in writing, fix .
the amount (not contrary to said provisions) of said penalty to be
recovered, and shall direct such amount so fixed to be and it shall
be included in the judgment. Any such suits may be against one
or more, or each or all of those who participate in the act, refusals
or omissions complained of, and the recovery may be against one
or more of those joined in the action as the justice of the court
shall direct. The provisions of this section as to the jurisdiction of
tribunals, parties and costs, shall apply to all suits by said board
Or its assignees, or the assignees of the police jº under this
chapter. All processes and papers usual or necessary in the com-
mencement and prosecution of actions, or for the collection of
money in suits or proceedings under this chapter, on execution may
be served by any policeman, and in and about such matters the
policeman so engaged shall have all the powers of marshals, and no
fees shall be charged by any court, magistrate or clerk for the issue
of any paper or process, or the performance of any duty in suits
under this chapter. Any civil action brought under or by authority
of this chapter, may be brought in any court in said º having
jurisdiction in any civil action to an amount as large as is demanded
in such action ; and if judgment be rendered for the plaintiff in any
amount, costs of the court in which action is brought shall also be
recovered, without reference to the amount of the recovery, pro-
vided payment was demanded before suit brought, and the defendant
or defendants in the action against whom the recovery is had, did
WIOILATIONS OF HIEAT/ITH REGULATIONS. 191
not, as the Code of Civil Procedure authorizes, offer to pay an
amount equal to the recovery against him or them, except that in
cases where the recovery shall be less than fifty dollars, the amount
of costs shall be ten dollars; and in case no recovery is had, the
plaintiffs shall not pay costs unless the judge or justice, at the con-
clusion of the trial, shall certify in writing that there was not
reasonable cause for bringing the action, and in such case the costs
shall not exceed ten dollars, unless the amount claimed exceeded
fifty dollars. No action shall abate, or right of action alread
accrued be abolished, by reason of the expiration, repeal or .
ment of any Ordinance, code of sanitary ordinances or regulation of
said board; nor shall any court lose jurisdiction of any action by
reason of a plea that title to real estate is involved, provided the
defendant is sought by the pleadings to be charged in said action
on any of the grounds mentioned in this chapter, other than by
virtue of ownership of such real estate. In respect to all proofs and
proceedings by said board, Or its agents or officers, under this
chapter, papers filed shall be deemed entered upon or in the
minutes of the board.
§ 623, Said board of health, having first entered on its minutes,
or filed in its records, what it may regard as adequate proof of a
violation or resistance by any persons in said city, of any law, or
ordinance, the authority conferred by which is given to said board,
or of any Order made by said board, may order (by its warrant,
under its seal and attested by the signature of its president and
secretary, and indicating, as far as conveniently practicable, the
time, place, and nature of the offense committed) the arrest of any
such person, and such order of arrest shall be of the same effect
and shall be executed as a warrant from a justice or judge, duly
issued ; and the party arrested shall be taken before a magistrate,
and thereupon and thereafter shall, by all officers, be treated as
being and have the rights and liability of a party under arrest by
Order of the proper officer or tribunal, for a misdemeanor of the
mature indicated in the said order of arrest.
§ 624. Any member of the police force, and every inspector or
officer of said board of health, as the regulations of either of said
boards may respectively provide relative to its own subordinates,
lmay arrest any person who shall, in view of such member or officer,
violate, or do, or be engaged in doing or committing in said city,
any act or thing forbidden by this clapter, or by any law or ordi-
nance, the authority conferred by which is given to said board of
health, or who shall, in such presence, resist or be engaged in resist-
ing the enforcement of any of the orders of said board, or of the
board of police pursuant thereto. And any person so arrested
shall be thereafter treated and disposed of as any other person duly
arrested for a misdemeanor.
§ 625. Upon the complaint of any citizen of said city against any
person for violation of any rule, sanitary regulation, ordinance, or
order, made to any police justice or magistrate having jurisdiction in
criminal cases, such justice or magistrate shall order the arrest of any
person against whom such complaint is made, as in any other case of
a criminal offense, and by his warrant may require any policeman or
constable to make such arrest, and may, after such arrest, proceed
Summarily to try such person for such alleged offense; but no such trial
When actions
not to abate.
1866, ch. 74, §14,
Comp. 432.
Before whom
prisoner to be
brought.
1866, ch. 74, §14,
Comp. 432.
Arrest for viola-
tion of act.
Violations of act
misdemeanor.
1866, ch. 74, §20,
as amended,
1866, ch. 686, §l,
Comp, 436,
192 VIOLATIONS OF HEALTH REGULATIONS.
When trial to be
before Court of
Hpecial Hessions.
Amount of
penalty.
TO whom fines
to be paid.
1874, ch. 636, $14,
Comp. 459.
False return,
false and de-
ceptive report,
etc., a misde-
In 69.1) OI’.
Punishment.
1866, ch. 74, §22,
Comp. 437.
False represen-
tation a8 an
Officer.
1850, ch. 275, tit.
3, art. 3, $28,
Comp. 471.
Penalty for
violating #.
and 612 of this
act.
1866, ch. 74, §32,
Comp. 440
Prosecuting offi-
cers and magiš-
trates to act
promptly.
shall be had on any arrest made in the city, without sufficient notice
thereof being first given to said board or its president. And upon
an application in behalf of said board, made before the trial is com-
menced, the trial of such person, together with the papers, shall be
remitted to the court of special sessions, upon which court juris-
diction to try such persons is hereby conferred ; but the right of
any person to elect to be tried before a jury, as it may now exist, is
not affected by anything herein contained. If such person shall,
upon such trial, be found guilty, he or she may be fined in any
amount not exceeding twenty-five dollars; and the payment thereof
may be enforced in the same manner as is usual in other cases
where fines are imposed. Such fines when collected shall be at
Once paid over to the treasurer of said board, to the credit of said
board. Reports of all such trials, and of fines imposed for viola-
tions of this chapter, or of the Code of Sanitary ordinances, shall
be made monthly to said board, by the justice before whom such
trial is had. But nothing in this section contained shall be con-
strued as in any manner limiting any powers, penalty, and punish-
ment in this chapter elsewhere conferred.
§ 626. If any person shall knowingly make to said board of
health Or any officer thereof any false return, statement, or report
relative to any birth, death, or marriage, or other matter concerning
which a report or return may be legally required of or should be
made by such person ; or if any member, inspector, or officer, or
any agent of said board of health shall knowingly make to said
board of health any false or deceptive report, or statement (in con-
nection with his duties), or shall accept or receive, or authorize, or
encourage, or knowingly allow any other person to accept or re-
ceive any bribe or other compensation as a condition of or an
inducement for not faithfully discovering and fully reporting or
otherwise acting according to his duty in any respect, then any and
every such person shall be deemed guilty of a misdemeanor, and
shall be liable to be for such crime indicted, tried, and punished
according to law, and shall, in addition, forfeit all compensation
due or to grow due from said board.
§ 627. It shall be a misdemeanor, punishable by imprisonment
in the penitentiary, for not less than one year nor exceeding two
years, or by a fine of not less than two hundred and fifty dollars,
for any person, not an officer under the department of health, to
falsely represent himself as such, with a fraudulent design upon
persons or property, or to have, use, wear, or display, without
authority, any shield, or other insignia or emblem such as is worn
by such officer.
§ 628. Every keeper of a boarding or lodging house and every
master, owner, or consignee of a vessel who shall refuse or neglect
to obey the Orders and directions of the board of health, as pro-
vided in sections six hundred and eleven and six hundred and
twelve, shall be considered guilty of a misdemeanor, and on con-
viction 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.
§ 629. It shall be the duty of all prosecuting officers of criminal
courts and police justices to act promptly upon all complaints, and
in all suits or proceedings for any violation of this chapter, and in
EXPENSES OF BOARD OF HEALTH, 193
all proceedings approved or promoted by said board, and to bring
the same to a speedy hearing or termination, and to render judg-
ment and direct execution therein without delay.
Title 5.- Iteimbursement for Eagenses.
$630. The expenses attending the execution of any and all ſºft, i.
orders duly made by said board shall respectively be a several and **
joint personal charge against each of the owners or part owners
and each of the lessees and occupants of the building, business,
place, property, matter, or thing to which said order relates, and in
respect of which said expenses were incurred ; and also against
every person or body who was by law or contract bound to do that
in regard to such business, place, street, property, matter, or thing
which said order requires, and said expenses shall also be a lien on what ex-
on all rent and compensation due, or to grow due, for the use of .”***
any place, room, building, premises, matter, or thing to which said
order relates, and in respect of which said expenses were incurred ;
and also a lien on all compensation due, or to grow due, for the
cleaning of any street, place, ground, or thing, or for the cleansing
(or removal) of any matter, thing, or place, the failure to do which
by the party bound so to do, or the doing of the same in whole or
in part by order of said board, was the cause or occasion of any such
order or expense.
§ 631. Said board of health, its assignee, or the party who has 1866, ch. A $14,
under its order, or that of the board of police acting thereunder, “*”
incurred any expense, or has rendered service for which payment is
due, and as the rules of said board of health may provide, may
institute and maintain a suit against any one in this chapter suit for ex.
declared liable for expenses, or against any person, firm, or corpora-Pº".
tion owing, or who may owe, such rent or compensation, and may
recover the expenses so incurred under any order aforesaid. And
only one or more of such parties liable or interested may be made
parties to such action as the board may elect ; but the parties made
responsible as aforesaid for such expenses shall be liable to con-
tribute or to make payment as between themselves, in respect of
such expenses and of any sum recovered for such expenses or com-
pensation, or by any party paid on account thereof, according to
the legal or equitable obligation existing between them.
§ 632. The said board, its assignee, or any person acting under 1857, ch.956 gia,
its authority, in executing any order of said board, shall have a lien É.iº, es:
for the expenses necessarily incurred in the execution of said order, ºr
and said expenses shall be a lien upon the land and buildings upon “"“”
or in respect of which, or either of which, the work required by said
order has been done, or expenses incurred, which lien shall have
priority over all other liens and incumbrances, except taxes and
assessments. But no such lien shall be valid for any purpose till where notice to
the said board or person shall have caused to be filed in the office, * filed.
or with the officer where notices of mechanics’ liens are now or may
be hereafter required to be filed, a notice containing the same par-
ticulars required to be stated with reference to mechanics' liens,
with the further statement that the expense has been incurred in
pursuance of an order of said board, and giving its date. Upon such
18
194 EXPENSES OF BOARD OF HIEALTH:
When notice to
become COll-
clusive.
How long to
continue a lien.
1867, ch. 956, $18,
Comp. 452.
Statement of
expenses of ex-
ecuting orders
to be filed.
How Statement
corrected.
Claim for penal-
ty and for ex-
penses joined in
One action.
Joint or several
judgment.
filing the said officer shall make the same entry on the book or index
in which mechanics’ liens are entered as he is required to enter in
cases of mechanics' liens, together with a reference to said order
by date ; and thereafter the same shall, except as herein elsewhere
provided, have the same effect in all respects as a mechanic's lien ;
and all proceedings with reference to said lien, its enforcements and
discharge, shall be had and carried on in the same manner as similar
proceedings with reference to mechanics' liens are now or may be
hereafter by law had or carried on. The filing of such statement
shall as to all persons have the same effect as filing of notice of
mechanics’ lien, and unless within two months after actual notice of
such filing, proceedings are taken by the party against whom or
whose said property the lien is claimed, to discharge such lien, the
filing shall, as to all persons having such actual notice, become
conclusive evidence that the amount claimed in such statement,
with interest, is due, and is a just lien upon said land and building.
Such lien shall continue to be a lien for the space of four years from
the time of filing such statement, unless proceedings are in the
meantime taken to enforce or discharge the same, which may be
done at any time during its continuance. In case proceedings are
so taken, it shall remain a lien until the final termination of such
proceedings; and if such proceedings shall result in a judgment for
the amount claimed in such statement, or any portion thereof, such
judgment shall, to such extent, be a lien in the same manner and
from the said time as said statement.
§ 633. When any order of said board of health has been exe-
cuted, or so far executed as said board may require, the expenses
of such execution, giving in general terms the items of such expense
and the date of execution, shall be stated in an affidavit, and the
same shall be filed among the records of said board, with the order
so executed ; and said board shall take care, by or through some
proper officer, or otherwise, that the expenses of such execution
be so stated with fairness and accuracy ; and when it shall appear
that such execution, or the expenses thereof, related to several lots.
or buildings belonging to different persons, said affidavit shall state
what belongs to or arose in respect to each lot of said several lots
or buildings, as said board or its authorized officer may direct ; and
the correctness of such appointment or expenses, as stated in any
such affidavit, shall not be called in question or reviewed elsewhere.
than before said board ; but said board may revise and correct the
same, as said board shall think truth and justice may require.
Whenever the expenses attending the execution of any order of said
board of health, may be made the subject of a suit by said board,
or its assignee (or the person having a right to recover such
expenses), there may be joined in the same suit a claim or claims
for any penalty or penalties for violations of any provisions of this
chapter, or for the violation or omission to perform or obey said
order (or any prior order of said board), or for the not doing of that
or any portion of that, for the doing of which said expenses arose
or were incurred ; and said board may make an assignment of the
claim for any such penalty or penalties, to enable the claim for the
same and the claim for said expenses to be joined in the same suit,
and the proper joint or several judgment may be had against one or
more of the defendants in the suit, as they or either of them may be
& ExPENSEs or BoARD OF HEALTH. 195
liable in respect of both said claims, or either or any of them. And
said expenses of executing said order, and the expenses of executing
any judgment in any abatement suit in this chapter provided for,
and the several judgments that may be recovered hereunder or
otherwise, for any such penalty or expenses (or for both such
penalty and expenses together), until the same are paid or dis-
charged, shall be (a lien as other judgments, and also) a lien and
charge upon rent and compensation due or then maturing from any
tenant or occupant of the building, lots, and premises, or the parts
thereof to which any such order or judgment relates, or in respect
of which any such expenses were incurred. And such expenses and
judgments shall respectively be a lien on all compensation due or
to grow due for the cleaning of any street, place, ground or thing,
or for the cleansing (or removal) of any matter, thing or place, the
failure to do which by the party bound so to do, or the doing of
the same in whole or in part by order of said board, was the
cause or occasion of any such order or expense. For the purpose
of rendering such lien and charge more effectual to secure payment
of any such expenses or judgment, from any rent or compensation
aforesaid, the following proceedings may be taken.
1. The board of health, or any person owning any such judg-
ment, or the claim of any such expenses, or having a right to receive
payment therefor, may serve a copy of the Order under or by rea-
son of which such expenses were authorized or incurred (with a
copy of any affidavit, stating the expenses of the execution of such
order), or, if the claim be a judgment, may serve a transcript of such
judgment (and any affidavit showing the expense of its execution, if
there be any) upon any person or corporation owing, or who is
about to owe any such compensation, or owing or about to owe any
rent or compensation for the use or occupation of any grounds,
premises or building, or any part thereof, to which said order or
judgment relates, and in respect of which such expenses or the
expenses embraced in said judgment related or were incurred ; and
may, at any time of such service, demand in writing that such rent,
or any such compensation (to the extent of said claims for said
expenses, or of any such judgment or expense in executing the same),
shall, when such rent or compensation becomes due and payable,
be paid to the treasurer of said board of health.
2. After the service of the papers aforesaid and such demand,
any tenant, lessee, occupant or other person owing or about to owe,
any such rent or any such compensation, shall, when such rent or
any such compensation shall mature or become payable, pay the
same, and from time to time any other amount thereof, as the same
may become due and payable º so much thereof as is sufficient to
Satisfy any such judgment or claim for expenses, or both, so served),
to the treasurer of said board of health ; and such treasurer shall
give his receipt as treasurer therefor, stating on account of what
order or judgment and expenses the same has been paid to him and
received; and the amount so received shall be deposited in the
bank in the city of New York, where other funds of the board are
kept, to the special account of such treasurer.
3. Any person or corporation refusing or omitting, as herein
directed, to make such payment to said treasurer, after service of
the paper and demand aforesaid, as herein required, shall be person-
Expense and
judgment a lien
upon rent.
Also upon com-
pensation.
1806, ch. 74, §14,
Comp. 431.
Id. Comp. 453.
Copy of order
with statement
of expense of
transcript of
judgmeut to be
served.
After demand of
rent to be paid
to treasurer.
Treasurer to
give receipt
and deposit in
bank.
Persons refus-
ing to pay liable
for amount.
196 EXPENSES OF BOARD OF HEALTH.
ally liable to said board of health, or to the party owning any such
claim for expenses or judgment (if not belonging to said board) for
the amount that should have been paid to said treasurer, accord-
ing to the provisions hereof, and may by such party for board, if
the owner aforesaid) be sued therefor; and such persons shall not
in such suit dispute or call in question the authority of said board
of health to incur or order such expense, or the validity or correct-
ness of such expenses or judgment in any particular, or the right of
the party making said demand, or his assignee, to have the same
paid from such rent or compensation. But the receipt of such
treasurer for any sum paid him as aforesaid, shall, in all suits and
proceedings, and for every purpose, be as effectual in favor of any
person holding the same as actual payment of the amount thereof
to the proper landlord, lessor, owner, or other person or persons
who would, but for the provisions of this title, or said service and
demand, have been entitled to receive the sum so paid to such
treasurer, could or would have been, And it is further expressly
declared that no tenant or occupant of any lot, building or premises,
or his or their assignee or lessee, shall be dispossessed or disturbed,
nor shall any lease or contract, or rights, be forfeited or impaired,
nor any forfeiture or liability be incurred by reason of any omis-
sion to pay to any landlord, owner, lessor, contractor, party, or other
person, the sum so paid to said treasurer, or any part thereof.
§ 634. The treasurer of said board of health shall retain said
money so paid him until twelve days after it shall be made to
appear to said board of health, or some proper officer thereof, by
satisfactory affidavit, that the party or parties, or his or their agent
for the collection of any such rent or compensation, who (but for
the provisions hereof would have been entitled to receive the same)
has had written notice of such payment being made to said treas-
urer, and a copy of his receipt therefor; and and” if at the end of
said twelve days, the party or parties aforesaid, so notified, have not
instituted suit to recover said money, as hereinafter provided, then
the same shall, by said treasurer, be paid to any person who may
own or have the right to recover the amount of the judgment or the
claim for expenses so served as aforesaid (or so much thereof as the
party may be entitled to), or on account of which the money was paid
to said treasurer ; and after such payment by the treasurer, the party
or parties aforesaid (who failed to sue) shall have no right to demand
or receive any such money, unless they shall, within six calendar
months from the expiration of said twelve days, in a suit allege that
they had no notice of such payment to said treasurer, and shall, on
the trial of such suit, prove said allegation, and also that they
were not liable to pay the said claim for expenses, or the said
penalty or judgment, and that the said board had not juris-
diction to order the expenses aforesaid, on account of which
the money was so paid to said treasurer, or on which any
such judgment was obtained ; and in case of a recovery
in such suit it shall be only to the extent such parties were
not so liable ; and in such suit any person or persons who may have
received said money from said treasurer or said board, shall, by the
plaintiff, be made a party defendant; and if the plaintiff shall
May be sued
therefor.
1867, ch.956, §18,
Com'). 454.
Treasurer to re-
tain moneys till
twelve days
after notice.
When money
may be claimed
back of treas-
urer after twelve
days.
Who to be made
parties.
Judgment
against co-
defendant.
* So in original.
AIBATEMENT BY SUIT. 197
recover such money, or any part thereof, said board of health shall
be entitled to any equitable judgment in such suit which the court
may see fit to direct for recovering said money back, or any part
thereof, from such co-defendant, which had been paid to him by
said treasurer. -
§ 635. In case any suit shall be brought under the last section,
or before the expiration of the said twelve days, said board of health
(but not said treasurer) shall be joined as a party defendant ; and
any person or persons other than said board, claiming the right to
receive said money on account of said order, expenses or judgment,
or who has received the same, shall also by the plaintiff be made
parties defendant ; and no answer need be made by said board
(except at its option, or if it be not a claimant as having paid or
incurred said expenses, or as being the owner of said judgment),
further than the allegation that it holds said money so paid, and is
ready to pay it over, as the result of the suit may render it proper,
or to pay an equal amount to the plaintiff, if adjudged to do so;
and said money shall be held by said board pending said suit (if
not paid over before suit brought as aforesaid), and provided said
suit be diligently prosecuted to judgment ; and on its conclusion the
board of health shall cause the money, if still with its treasurer, or
the proper amount from its funds, to be paid as the determination
of the suit may render proper; and no costs in any suit in this
section mentioned shall be recovered against said board of health.
But to entitle a plaintiff to recover in any such last-named suit, he
must make the same proof and establish the same facts as is
required to enable him to recover in any aforesaid suit in this title
mentioned, except as to his not having had notice of such payment to
such treasurer. The treasurer shall obey the directions of said
board, and shall not be personally liable (unless for his own
fraudulent acts) for or in respect of any such money or facts afore-
said to any one, but said board of health shall pay such sum as may
be finally adjudged against it in any suit.
Title 6.—Abatement by Suit.
§ 636. The word nuisance, as used in this title, shall be held to
embrace public nuisance as known at common law, or in equity
jurisprudence ; and it is further enacted that whatever is dangerous
to human life or detrimental to health ; whatever building or
erection, or part or cellar thereof, is overcrowded with occupants,
or is not provided with adequate ingress and egress to and from the
same, or the apartments thereof, or is not sufficiently supported,
ventilated, sewered, drained, cleaned, or lighted, in reference to
their or its intended or actual use ; and whatever renders the air, or
human food or drink, unwholesome, are also, severally, in contem-
plation of this title, nuisances; and all such nuisances are hereby
declared illegal; and each and all persons and corporations who
created or contributed thereto, or who may support, continue, or
maintain or retain them, or any of them, shall be jointly and
severally liable for or toward the expense of the abatement and
remedying of the same ; but, as between themselves, any such
persons and corporations may enforce contribution or collect
1867, ch. 956, $18,
Comp. 455.
If suit brought
within twelve
days, who may
be parties.
Money to be
held pending
suit.
No costs against
board.
1867, ch. 956, §6,
Comp. 442.
Nuisance do-
fined.
Liability for ex-
pense of abºut-
I
Dg.
1866, chs, 74,686.
198 AIBAT I'MENT OF NUISANGE.
1867, ch. 956, §6,
subs. 1, 2, Comp.
443, 4 (4.
Suits to abate
Inuisances.
See 1874, ch.
636, §4.
Disposition of
costs.
1867, ch. 956, §6,
subd. 3, Comp.
444.
How issue to be
trieſl.
Judgment to be
settled.
1866, ch. 956, §6,
subd. 4, Comp.
444
What judgment
to contain.
On what proper-
ty it is a lien.
Id, subd. 5.
expenses, according to any legal or equitable relations existing
between them ; but nothing herein contained shall annul or defeat
any common law liability, or responsibility in respect of nuisances.
§ 637. Said board of health may institute and maintain in any
court in said city having jurisdiction in suits where the amount
claimed exceeds one thousand dollars, a suit or suits for the abate-
ment or remedying of any of the aforesaid nuisances, either com-
pletely or as fully as may be thought necessary by the court And
all costs collected in any such action or proceeding shall be paid
over to the treasurer of the board and accounted for by him. To
all such suits the provisions of this chapter, relative to jurisdiction,
costs, and parties, shall be applicable ; and the courts shall allow
the plaintiff, at any proper stage of the case, to amend, by .#
other parties defendant; and no suit shall be dismissed or defeate
by reason of there being other persons interested therein, or con-
cerned in causing, creating, or maintaining the nuisance complained
of in such suit where such person is not a necessary party to the suit.
§ 638. Such suit shall be tried as an issue of law, and without a
jury, unless some defendant shall, in his answer, or by notice in
writing to be served on plaintiff's attorney within five days after
service of said answer, demand a trial by jury on some question of
fact, to be in said answer or notice distinctly stated, and in respect
of which a right of trial by jury exists; and if any such demand be
so made and served, the case shall, as to all the defendants, be
placed on the calendar of jury trial cases; and when reached for
trial, if issues of fact for the jury have not before been settled, the pre-
siding judge may state in writing the issues of fact to be submitted
to the jury, or the trial shall proceed upon the material issues of fact
made by the pleadings without such written statement of issues;
and the judge who presided at the trial (or some judge of the same
court, if said judge be unable) shall on receiving the verdict, or as
soon thereafter, and at the same term, if possible, settle and cause
to be entered the proper judgment in said suit.
§ 639. If the judgment be that any nuisance may be abated or
remedied, in whole or in part, said judgment shall contain sufficient
directions for its proper execution, and the judge shall, from the
pleadings and from the evidence given at the trial, find and state
what proportion of the expense of such execution shall be paid or
be borne by each or all of the defendants, jointly or severally ; and
if, in the opinion of the court, any part of or all of the expense of
such execution should be borne by said board of health, or the
execution of such judgment should be made by said board, or under
its direction, said judgment shall contain appropriate directions in
respect to such last-named payment or execution. And the court
may also adjudge the board to pay or advance such proportion of
the expenses of executing such judgment as the judgment shall not
direct to be paid by some one or all of the defendants. Said judg-
ment, if against any defendant, shall, on its face, state that it will
be a lien on the real property and corporeal hereditaments of such
defendant or defendants respectively, to which the said nuisance
shall have related, till his or their proportion of such expenses of
execution are satisfied, or the lien thereof shall be otherwise dis-
charged according to law.
$640. Any person prejudicially affected by the lien of any such
ABATEMENT OF NUISANCE. 199
judgment may, on eight days' notice to said board, make a motion How removed.
before any judge of the court in which said judgment was rendered,
for an order that the lien of such judgment be discharged as to all
or any specific property set forth ; and if it shall appear to such 1867, ch, 9:5, $6,
judge, on the hearing of such motion, that such eight days' notice śor.
of such motion has been given to the board of health, and that such jº
judgment has been executed and the expenses paid, which the lien paid.
sought to be discharged was designed to secure ; or if a proper or on bond given.
sufficient undertaking or bond, with sureties, shall be given for the
payment of such expenses; or if said board of health, through its or on consent.
attorney or counsel, shall in writing consent to the discharge of the
last named lien, as to any or all property referred to, or as to one
or more defendants, then said judge may order said lien dis-
charged of record by the proper officer, to the extent and as to the
person or persons that the order shall specify ; and it shall be so
discharged; and such order and the moving papers shall be filed
with the proper clerk, as the judge shall direct
§ 641. No appeal by any party defendant shall stay the execu- iſ, subg.g.
tion of any judgment aforesaid, except to the extent, in reference to §§ to
the persons, and on the conditions the judge who tried the case ; ; ,
(if he can be conveniently applied to, or, if not, some other judge of special order.
the same court), shall, on the settling of the judgment, or on motion,
and on four days' notice to said board of health, ard with due
reference to the public interests involved, specially order ; and if If no stay,
no such order shall be made, the judgment shall be executed, not- tº to be
withstanding any appeal, undertaking, or security, and without any
liability on the part of any person (other than as herein elsewhere
provided, in respect to said board), by reason of any damages or
consequences growing out of the execution of said judgment,
whether the same be reversed or not. All appeals by the defendant
from any judgment in the said abatement suits shall be taken within
ten days after notice in writing to the defendant or his attorney, of
the entry of the judgment therein, and the judge who tries the case
may, in his discretion, and without security, but only for the period
of the said ten days, order a stay as to the execution of the judg- Temporary stay.
ment ; and within said period of ten days an undertaking or security Undertaking.
on appeal (to stay execution of the judgment, as herein provided) -
must be filed, the same to be otherwise of the form and obligation what to contain.
as is required in ordinary appeals from judgments, but which shall
also be conditioned for the payment of the appellant's adjudged
share of the expenses of executing such judgment as the court may
have estimated and said judgment may have stated, or (if not esti-
mated in said judgment), as the judge, on application and three
days' notice to said board, shall estimate the same, in conformity
with the judgment, for the purpose of such security on appeal. But
pursuant to any order, or otherwise, the execution of any judgment No stay longer
against the defendants shall not be delayed beyond said ten days, "“”
if within that period the proper undertaking or security on appeal,
approved by the judge, has not been filed, and the appeal perfected,
as herein provided; and the judgment may state the estimated
expense that will have to be paid by any party towards executing
said judgment. But said board may appeal in any such case, or any Board may ap.
case to which it is a party, within ten days after the entry of any ..."
judgment, and without giving any security; such appeal shall be
Appeals to be
taken.
200 ABATEMENT OF NUISANCE.
1867, ch. 956,
subd. 7, Comp.
446,
Claim for penal:
ty may be joined
in game action.
Motion for a
new trial.
Id. Subd. 8.
What judgment
at general term
to contain.
Appeals to court
of appeals.
When change in
code of pro-
cedure to apply.
1866, ch. 956, §6,
subd. 9.
Comp. 446.
8tatement of ex-
pense of execut-
ing to be veri-
fied and filed.
Notice of filing
to be given.
When statement
to become final.
effectual, and shall operate as a stay on the judgment, or upon the
part thereof in respect to which said board appeals.
§ 642. In any such abatement suit said board may join a cause
of action for any penalty or penalties that may have been incurred
by either of the defendants, by reason of or in connection with the
nuisance complained of, or by reason of any omission or refusal
of any defendant to obey or comply with any order of the board of
health touching such alleged nuisance, and have the proper pro-
vision in any judgment therefor against one or more of the defend-
ants. No motion for a new trial on a case made shall be entertained
in any such abatement suit, except as a part of and as arising upon
the papers upon a regular appeal to a general term of the court,
and to be heard there with.
§ 643. The judgment of the general term, if it shall to any
extent direct any change in the judgment appealed from (but shall
direct, or allow or fail to forbid the judgment in part to be executed),
shall also contain the requisite specific provisions, so that the judg-
ment as modified may be executed, and the due proportion of the
expenses of such execution may be assessed on the defendants.
respectively, or on said board, as the general term may adjudge.
Upon any appeal from the general term to the court of appeals, in
such abatement suit, the provisions hereof as to appeals from the
judgment to the general term, and as to security on appeal, shall,
in all particulars, including the length of time given in which to
take an appeal, apply ; and no change in the code of civil proce-
dure, or otherwise, hereafter to be made, though in subject-matter
applicable to said abatement suits, shall be construed to modify
the aforesaid or other provisions of the health laws as to any suits
thereunder, unless such act shall specifically declare such modifica-
tion to be intended.
§ 644. Upon the execution in whole or in part of any such judg-
ment (if said board shall, as it is hereby authorized to do, decide
the public interest to demand only execution in part thereof), a
statement of the expenses of such execution shall be made, and such
expenses shall be therein apportioned not contrary to any provis-
ions of said judgment ; and upon the same being verified by the
oath of some person who, by due authority, took part in or had
charge of the execution of such judgment, or by some officer of said
board, such statement, entitled in the case, may be filed or given to
the proper clerk to be filed, with such judgment; and notice of such
filing or delivery, and a copy of such statement shall be given to
the attorneys of the defendant in the suit, or to the defendants
themselves, or to some one of the joint defendants; and unless
within ten days after any such notice, such defendants shall give
due notice in writing, to said board, or to the person who, as
assignee or by Order, executed such judgment or is entitled to pay-
ment of such expense (in case it was not executed by said iº,
of a motion, and serve there with copies of affidavits to correct such
statement in particulars to be mentioned, and separately and
clearly stated in such affidavit, such statement aforesaid shall be,
in all suits and proceedings and tribunals, and at all times, deemed
and taken to be final, conclusive, and correct ; and no formal defect
in such statement shall in any wise vitiate the same. And on any
hearing of such motion, any party in interest, or said board, may
ABATEMENT OF NUISANCE. 201
read affidavits in support of such original statement; and the find-
ing of any judge on the hearing of such motion, as to the said
statement of such expenses and other matters in such motion
involved or statement contained, shall be final and conclusive, and
not subject to appeal; and such finding or statement as modified by
such finding, when filed, shall be of the same effect as such original
statement would have been had no motion in regard thereto been
made ; and for the purpose of an execution for such expense, and
creating a lien under any judgment, such statements and finding or
modified statement shall be regarded as a part of said judgment,
and the lien thereof shall extend to any amounts stated in such
final statement and finding.
§ 645. For the proportion and amounts as authorized by such
judgment, and contained in such finding or in such statement or
modified statement, when either of the same shall have become
final as aforesaid, said board or any assignee of such board, or any
other person who has executed such judgment, or has otherwise a
right to receive the expense of so doing (or the portion thereof
that may be due from any defendant), shall have execution, on such
execution being allowed ex parte, by a judge of the court in which
any judgment was recovered (and such execution shall, in due form,
be allowed by any such judge); such execution to be against any
one or more defendants or joint defendants for the recovery of any
amount due from such defendant or defendants, which the party
claiming such execution is entitled to receive ; and such execution,
except as herein specially provided, shall be of the same effect and
form as any execution duly issued pursuant to any judgment. But
no execution shall be issued against any defendant for less than the
whole sum due from such defendant, or for less than he shall be
liable to pay in such suit; but any sum adjudged against any de-
fendant or defendants, in any such abatement suit for penalties,
costs, or for other cause than the expense of the abatement or
remedying of such nuisance, may be collected by separate or other
executions (than those authorized for collecting such expenses) to
be issued in due course of law.
§ 646. In any abatement suit aforesaid the court, or a judge
thereof, may issue and enforce an appropriate preliminary injunc-
tion, whenever it shall be asked for pursuant to an order of said
board of health, by affidavit, and there shall appear to such judge
to be reasonable cause therefor; and such injunction may also be
granted whenever it shall be made to appear to the court or a judge
thereof, by affidavit, that such injunction is needed to prevent any
illegal act, conduct, or business aforesaid, or its continuance, or to
prevent any serious danger to human life or serious detriment to
health, or great public inconvenience touching any matter or thing
to which this act or the health laws aforesaid relate. And in any
such injunction order the court may require any building, erection,
or grounds to be put in a condition that will not be dangerous to
the life or detrimental to the health of any occupant, before the
Same shall be leased, or rented, or occupied, or before any rent or
Compensation shall be collected for the rent or use of the whole or
any portion of the same. In any such injunction order, and also
in any judgment in any abatement suit, the judge or court may re-
quire the tenants, lessees, and occupants (or either or any of them)
Judge's finding
II &l.
Effect of Inodi-
fied finding.
1867, ch. 956, §6,
subd. 19, Comp.
447.
When execution
to be issued and
for what.
Against whorn.
No execution
for less than
amount due.
Separate execu-
tion for costs,
penalty, etc.
1866, ch. 956, §6,
subd. 11,
Comp. 447.
Preliminary in-
junction may be
granted.
What to contain.
Court may order
rents to be paid
to board.
202 ABATEMENT OF NUTSANGE.
How money to
be applied.
of any such building, erection or grounds, to pay the rent thereof
(or compensation therefor), due or to grow due, to said board, and
said board to collect and receive the same, and to apply said rent
to pay the expenses of putting any said building, erection or ground
in a condition that will not be dangerous to the life or detrimental
Trcasurer's re-
ceipt to be a
discharge,
No undertaking
on injunction.
Trial may be
expedited.
1867, ch. 956, §6,
subd. 12.
Comp. 448.
Expenses in-
curred by the
board.
Id. Subd. 12,
Comp. 449.
Expenses in-
curred by board
in good faith to
be paid from its
funds.
to the health of any present or future tenant, lessee, or occupant,
or of any other person ; all such collections and payments to be
made in such manner, to such extent and on such conditions as any
such order or judgment may provide ; and every such payment to
said board, and the receipt of its treasurer for such rent or com-
pensation, shall be as effectual to protect any person who has made
the same, and every such tenant, lessee, and occupant, and all his
and their rights under any lease or occupation, as if such payment
had been made to and such receipt had been given by any lessor or
owner, or any proper claimant of any such rent or compensation,
who had but for such order or judgment, the right and authority to
receive the same. But no undertaking or security shall be required
or necessary, on the part of said board, as a condition of granting
such injunction, or the same being effectual; and in any final judg-
ment in such suit there may be enjoined whatever, if about to hap-
pen or threatened, would be the proper subject-matter of a pre-
liminary injunction. And when the public interest seems to the
court to require a speedy trial or hearing of any such suit or appeal
therein, it shall be the duty of any judge of any court aforesaid, or
of the court to whom application by said board may be properly
made, to cause such suit or appeal to be brought to a speedy trial
(and before it would otherwise be reached for trial or argument in
due course on the calendar), as the judge or court may by special
order direct.
§ 647. In so far as any judgment may be directed to be exe-
cuted at the expense of said board of health, or by any party de-
fendant at his own expense, and shall by such party defendant be
so executed, the expense of such execution shall not be stated or
embraced in the aforesaid statement or finding of expenses ; but if
any part of the execution aforesaid, which any party should have
borne or paid, shall (by reason of the delay, refusal or defective
act or execution of such party, or any other cause), be paid, borne,
or incurred by said board of health, in and about the execution of
such judgment, then the said latter expenses of said board may be
embraced in said statement and finding, and collected by execution
as aforesaid.
§ 648. Whatever expenses said board of health may lawfully
and properly incur in the execution of any judgment aforesaid, or
in executing or in connection with its own orders, made in good
faith, or in and about the discharge, in good faith, of its supposed
duties, or in satisfying any liability or judgment it may have in
good faith incurred or suffered by reason of its acts done in good
faith as aforesaid, or in satisfying any claim against its officers or
subordinates, arising from their acts in the discharge, in good faith,
of their supposed respective duties, shall, so far as established, be
paid out of its fund or other moneys.
HIEALTH PROVISIONS AS TO TENEMENT HOUSES. 203
Title 7.-Tenement and Lodging Houses.
§ 649. No house, building, or portion thereof, in the city of 1867, ch. oos. s.
New York shall be used, occupied, leased, or rented for a tenement
or lodging house, unless the same conforms in its construction and
appurtenances to the requirements of this title.
§ 650. Every house, building, or portion thereof, in the city
designed to be used, occupied, leased, or rented, or which is used,
occupied, leased, or rented for a tenement or lodging house, shall
have in every room which is occupied as a sleeping-room, and
which does not communicate directly with the external air, a ven-
tilating or transom window, having an opening or area of three
square feet, over the door leading into and connected with the ad-
joining room, if such adjoining room communicates with the exter-
nal air, and also a ventilating or transom window of the same open-
ing or area, communicating with the entry or hall of the house, or
where this is, from the relative situation of the rooms, impractica-
ble, such last-mentioned ventilating or transom window shall com-
municate with an adjoining room that itself communicates with the
entry or hall. Every such house or building shall have in the roof,
at the top of the hall, an adequate and proper ventilator, of a form
approved by the inspector of buildings.
§ 651. Every such house shall be provided with a proper fire
escape, or means of escape in case of fire, to be approved by the
inspector of buildings.
§ 652. The roof of every such house shall be kept in good
repair, and so as not to leak, and all rain water shall be so drained
or conveyed therefrom as to prevent its dripping on to the ground,
or causing dampness in the walls, yard, or area. All stairs shall
be provided with proper banisters and railings, and shall be kept
in good repair.
§ 653. Every such building shall be provided with good and
sufficient water-closets or privies, of a construction approved by the
board of health, and shall have proper doors, traps, soil pans, and
other suitable works and arrangements, so far as may be necessary
to insure the efficient operation thereof. Such water-closets or
privies shall not be less in number than one to every twenty
occupants of said house; but water-closets or privies may be used
in common by the occupants of any two or more houses, provided
the access is convenient and direct, and provided the number of
occupants in the houses for which they are provided shall not
exceed the proportion above required for every privy or water-
closet. Every such house situated upon a lot on a street in which
there is a sewer, shall have the water-closets or privies furnished
with a proper connection with the sewer, which connection shall be
in all parts adequate for the purpose, so as to permit entirely and
freely to pass whatever enters the same. Such connection with the
sewer shall be of a form approved by the commissioner of public
works. All such water-closets and vaults shall be provided with
the proper traps, and connected with the house sewer by a proper
tight pipe, and shall be provided with sufficient water and other
proper means of flushing the same ; and every owner, lessee, and
occupant shall take adequate measures to prevent improper sub-
Comp. 474,
Id. $2.
Ventilation and
windows.
Ventilator in
all.
1867, ch. 908, $3,
Comp. 475.
Fire escapes.
Id. $2.
Roof in repair.
Stairs.
Id. §3.
Water-closets or
privies.
To be connected
with sewer.
Obstructions,
exhalations, etc.
* 204 HEATLTH PROVISIONS AS TO TENEMENT HOUSES.
stances from entering such water-closets or privies, or their con-
nections, and to secure the prompt removal of any improper
substances that may enter them, so that no accumulation shall take
place, and so as to prevent any exhalations therefrom, offensive,
dangerous, or prejudicial to life or health, and so as to prevent the
ºpºlºg same from being or becoming obstructed. No cess-pool shall be
able. allowed in or under or connected with any such house, except when
it is unavoidable, and in such case it shall be constructed in such
situation and in such manner as the board of health may direct.
It shall in all cases be water-tight, and arched or securely covered
over, and no offensive smell or gases shall be allowed to escape
Yººto therefrom, or from any privy or privy vault. In all cases where a
with ºr Sewer exists in the street upon which the house or building stands,
** the yard or area shall be so connected with the same that all water
from the roof or otherwise, and all liquid filth shall pass freely into
it. Where no sewer exists in the street, the yard or area shall be
so graded that all water, from the roof or otherwise, and all filth
shall flow freely from it and all parts of it into the street gutter, by
a passage beneath the sidewalk, which shall be covered by a per-
manent cover, but so arranged as to permit access to remove
obstructions or impurities.
1867, ch. 908, $6, § 654. It shall not be lawful, without a permit from the board
§§ of health, to let or occupy, or suffer to be occupied separately as a
tº dwelling, any vault, cellar, or underground room built or rebuilt
after July first, eighteen hundred and sixty-seven, or which
shall not have been so let or occupied before said date. It shall
not be lawful without such permit to let or continue to be let, or
to occupy or suffer to be occupied separately as a dwelling any
vault, cellar, or underground room whatsoever, unless the same be
in every part thereof at least seven feet in height, measured from
the floor to the ceiling thereof, nor unless the same be for at least
one foot of its height above the surface of the street or ground
adjoining or nearest to the same, nor unless there be outside of and
adjoining the said vault, cellar, or room, and extending along the
entire frontage thereof, and upwards from six inches below the level
of the floor thereof, up to the surface of the said street or ground
an open space of at least two feet and six inches wide in every part,
nor unless the same be well and effectually drained by means of a
drain, the uppermost part of which is one foot at least below the
level of the floor of such vault, cellar, or room, nor unless there is
a clear space of not less than one foot below the level of the floor,
except where the same is cemented, nor unless there be appurtenant
to such vault, cellar, or room, the use of a water-closet or privy
water-closet, kept and provided as in this title required ; nor unless the same
"** have an external window opening of at least nine superficial feet
clear of the sash frame, in which window opening there shall be fitted
a frame filled in with glazed sashes, at least four and a half super-
ficial feet of which shall be made so as to open for the purpose
Back cellar may of ventilation. Provided, however, that in the case of an inner
be occupied with - sº g g
front one. or back vault, cellar, or room, let or occupied along with a front
vault, cellar, or room, as part of the same letting or occupation,
it shall be a sufficient compliance with the provisions of this
section if the front room is provided with a window as
hereinbefore provided, and if the said back vault, cellar or room is
Must be drained
HEATLTH PROVISIONS AS TO TENEMENT HOUSES. 205
connected with the front vault, cellar or room by a door, and also
by a proper ventilating or transom window, and, where practicable,
also connected by a proper ventilating or transom window, or by
some hall or passage communicating with the external air. Provided
always that in any area adjoining a vault, cellar, or underground
room there may be steps necessary for access to such vault, cellar,
or room, if the same be so placed as not to be over, across, or oppo-
site to the said external window, and so as to allow between every
part of such steps and the external wall of such vault, cellar, or
room, a clear space of six inches at least, and if the rise of said
steps is open ; and provided further that over or across any such
area there may be steps necessary for access to any building above
the vault, cellar, or room to which such area adjoins, if the same be
so placed as not to be over, across, or opposite to any such external
window.
§ 655. No vault, cellar, or underground room shall be occupied
as a place of lodging or sleeping, except the same shall be approved,
in writing, and a permit given therefor by the board of health.
§ 656. Every tenement or lodging house shall have the proper
and suitable conveniences or receptacles for receiving garbage and
other refuse matters. No tenement or lodging house, nor any portion
thereof, shall be used as a place of storage for any combustible
article, or any article dangerous to life or detrimental to health ;
nor shall any horse, cow, calf, swine, pig, sheep, or goat be kept in
said house.
§ 657. Every tenement or lodging house, and every part thereof,
shall be kept clean and free from any accumulation of dirt, filth,
garbage, or other matter in or on the same, or in the yard, conrt,
passage, area, or alley connected with or belonging to the same.
The owner or keeper of any lodging house, and the owner or lessee
of any tenement house, or part thereof, shall thoroughly cleanse all
the rooms, passages, stairs, floors, windows, doors, walls, ceilings,
privies, cess-pools, and drains thereof of the house or part of the
house of which he is the owner or lessee, to the satisfaction of the
board of health, so often as shall be required by or in accordance
with any regulation or ordinance of said board, and shall, well and
sufficiently, to the satisfaction of the said board, whitewash the
walls and ceilings thereof twice at least in every year, and in the
months of April and October, unless the said board shall otherwise
direct. Every tenement or lodging house shall have legibly posted
or painted on the wall or door in the entry or some public accessible
place, the name and address of the owner or owners, and of the
agent or agents, of any one having charge of the renting and col-
lecting of the rents for the same ; and service of any papers required
by this title, or by any proceedings to enforce any of its provisions,
or of the acts relating to the board of health, shall be sufficient if
made upon the person or persons so designated as owner or owners,
agent or agents.
§ 658. The keeper of any lodging house, and the owner, agent
of the owner, lessee, and occupant of any tenement house, and every
other person having the care or management thereof, shall, at all
times, when required by any officer of the board of health, or by
any officer upon whom any duty or authority is conferred by this
title, give him free access to such house and to every part thereof.
Steps to area.
Algo over area.
1867, ch. 968, $7,
Comp. 477.
Every cellar re-
quires permit.
Id. §8.
Garbage boxes.
Articles not to
be stored in
tenements, etc.
Id. $9.
To be kept
clean.
Owners' and
agents names
posted.
Iſl. §10.
Officers of board
of health to have
3 CCC88 to
houses.
206 HEALTH PROVISIONS AS TO TENEMENT HOUSES.
Sick persons to
be reported.
The owner or keeper of any lodging house, and the owner, agent of
the owner, and the lessee of any tenement house, or part thereof
shall, whenever any person in such house is sick of fever, or of any
1867, ch. 908, §11,
Cornp. 478.
Buildings in-
fected or out of
repair.
Id. §12.
Houses here-
after erected or
converted to
comply with
additional re-
quirements.
Id. §13,
as amended,
1880, ch, 899, $1.
Spaces between
buildings on
lots.
Occupation of
lot by building
limited.
infectious, pestilential, or contagious disease, and such sickness is
known to such owner, keeper, agent, or lessee, give in mediate
notice thereof to the board of health, or to some officer of the same,
and thereupon said board shall cause the same to be inspected, and
may, if found necessary, cause the same to be immediately cleansed
or disinfected at the expense of the owner, in such manner as they
may deem necessary and effectual; and they may also cause the
blankets, bedding, and bed-clothes used by any such sick person
to be thoroughly cleansed, scoured, and fumigated, or, in extreme
cases, to be destroyed.
§ 659. Whenever it shall be certified to the board of health by
the sanitary superintendent, that any building or part thereof is
unfit for human habitation, by reason of its being so infected with
disease as to be likely to cause sickness among the occupants, or
by reason of its want of repair has become dangerous to life,
said board may issue an order, and cause the same to be affixed
conspicuously on the building or part thereof, and to be personally
served upon the owner, agent or lessee, if the same can be found in
this state, requiring all persons therein to vacate such building for
the reasons to be stated therein as aforesaid. Such building, or
part thereof shall, within ten days thereafter, be vacated, or within
such shorter time, not less than twenty-four hours, as in said notice
may be specified; but said board, if it shall become satisfied that
the danger from said house, or part thereof, has ceased to exist,
may revoke said order, and it shall thenceforward become inop-
erative.
§ 660. No house erected after May fourteenth, eighteen hundred
and sixty-seven, shall be used as a tenement house or lodging house,
and no house heretofore erected and not now used for such purpose,
shall be converted into, used, or leased for a tenement or lodging
house, unless, in addition to the requirements hereinbefore con-
tained, it conforms to requirements contained in the following
sections of this title :
§ 661. It shall not be lawful hereafter to erect for, or convert to,
the purposes of a tenement or lodging house, a building on any lot
where there is another building on the same lot, unless there is a
clear open space exclusively belonging thereto, and extending up-
wards from the ground, of at least ten feet between said buildings,
if they are one story high above the level of the ground; if they
are two stories high, the distance between them shall not be less
than fifteen feet; if they are three stories high, the distance between
them shall not be less than twenty feet; and if they are more than
three stories high, the distance between them shall not be less than
twenty-five feet. At the rear of every building hereafter erected
for or converted to the purpose of a tenement or lodging house on
any lot, there shall be a clear, open space of not less than ten feet
between it and the rear line of the lot. But when thorough venti-
lation of such open space can be otherwise secured, such distances
may be lessened or modified in special cases by a permit from the
board of health. No one continuous building shall be built or con-
verted to the purposes of a tenement or lodging house upon an
HEALTH I*ROVISIONS AS TO TENTEMENT HOUSES. 207
ordinary city lot, to occupy more than sixty-five per centum of the
said lot, and in the same proportion if the i. be greater or less in
size than twenty-five feet by one hundred feet ; but this provision
shall not apply to corner lots, and may be modified in other special
cases by a permit from the board of health.
§ 662. In every such house hereafter erected or converted every
habitable room, except rooms in the attic, shall be in every part not
less than eight feet in height from the floor to the ceiling; and
every habitable room in the attic of any such building shall be at
least eight feet in height from the floor to the ceiling, throughout
not less than one half the area of such room. Every such room
shall have at least one window connecting with the external air, or
over the door a ventilator of perfect construction, connecting it with
a room or hall which has a connection with the external air, and so
arranged as to produce a cross-current of air. The total area of win-
dow or windows in every room communicating with the external air
shall be at least one-tenth of the superficial area of every such room ;
and the top of one, at least, of such windows shall not be less than
seven feet six inches above the floor, and the upper half, at least,
shall be made so as to open the full width. Every habitable room
of a less area than one hundred superficial feet, if it does not com-
municate directly with the external air, and is without an open fire-
|place, shall be provided with special means of ventilation, by a
Separate air shaft extending to the roof, or otherwise, as the board
of health may prescribe. But in all houses erected or converted,
after June sixteenth, eighteen hundred and seventy-nine, which
shall be used, occupied, leased or rented for a tenement or lodging
house, every room used, let, or occupied by any person or persons
for sleeping shall have at least one window, with a movable sash,
having an opening of not less than twelve square feet, admitting
light and air directly from the public street or the yard of the said
house, unless sufficient light and ventilation shall be otherwise
provided, in a manner and upon a plan approved by the board of
health.
§ 663. Every such house erected after May fourteenth, eighteen
hundred and sixty-seven, or converted shall have adequate chimneys
running through every floor, with an open fire-place or grate, or
place for a stove, properly connected with one of said chimneys, for
every family set of apartments. It shall have proper conveniences
and receptacles for ashes and rubbish. It shall have Croton or
other water furnished at one or more places in such house, or in
the yard thereof, so that the same may be adequate and reasonably
convenient for the use of the occupants thereof. It shall have the
floor of the cellar properly cemented, so as to be water-tight. The
halls on each floor shall open directly to the external air, with suit-
able windows, and shall have no room or other obstruction at the
end, unless sufficient light or ventilation is otherwise provided for
in said halls, in a manner approved by the board of health.
§ 664. Whenever it shall be certified to the board of health by
the sanitary superintendent that any tenement house or room
therein is so over-crowded that there shall be afforded less than six
hundred cubic feet of air to each occupant of such building or
room, the said board may, if it deem the same to be wise or neces-
Sary, issue an order requiring the number of occupants of such
1867, ch. 908, $14,
as amended,
1879, ch. 504, §2,
Comp. 479.
Heightof rooms.
Window8.
Size of windows.
Certain rooms to
have special
ventilation.
Sleeping rooms.
Id. $15.
Chimneys.
Ashes and rub-
bish.
Water.
Cellar floor,
Halls.
1879, ch. 504, §3,
Comp, 481.
Over crowding.
208 HEALTH PIROVISIONS AS TO TENEMENT HOUSES.
When tenement
house to have
janitor, etc.
1867, ch. 908, $16,
Comp. 480.
Punishment for
violation.
How recovered.
1879, ch. 504, $6,
Comp. 482.
Id. $4.
Tenement-
house fund.
Owners, lessees,
and occupants
may be defend-
ants.
1867, ch. 908, $17,
Comp. 480.
Dofinition of
tenement-house
Definition of
lodging-house.
Definition of
collar.
Id. $18.
Board of health
may make other
regulations.
building or room to be reduced, so that the inmates thereof shall
not exceed one person to each six hundred cubic feet of air-space
in such building or room. Such excess in the number of occupants
shall be reduced to the standard hereby designated within ten days
after the service of an order therefor upon the owner, lessee, occu-
pant, or agent of such building or room. Whenever there shall be
more than ten families living in any tenement-house, in which the
owner thereof does not reside, there shall be a janitor, housekeeper,
or some other responsible person, who shall reside in the said
house, and have charge of the same, if the board of health shall so
require.
§ 665. Every owner or other person violating any provision of
this title shall be guilty of a misdemeanor, punishable by a fine of
not less than ten dollars nor more than one hundred dollars, or by
imprisonment for not more than ten days for each and every day
that such violation shall continue, or by both such fine and
imprisonment, in the discretion of the court. He shall also be
liable to pay a penalty of ten dollars for each and every day that
such offense shall continue. Such penalty may be sued for and
recovered by the board of health, and when recovered shall be paid
over to the city chamberlain and become part of the tenement-
house fund, directed by section one hundred and ninety-four, sub-
division nine, of this act, to be annually appropriated to the credit
of the health department, and to be expended by the board of
health. In every proceeding for a violation of this title, and in
every such action for a penalty, it shall be the duty of the owner of
the house to prove the date of its erection or conversion to its
existing use, if that fact shall become material, and the owner shall.
be prima facie the person liable to pay such penalty, and after him
the person who is the lessee of the whole house, in preference to
the tenant or lessee of a part thereof. In any such action the owner,
lessee, and occupant, or any two of them, may be made defendants,
and judgment may be given against the One or more shown to be
liable, as if he or they were sole defendant or defendants.
§ 666. A tenement-house within the meaning of this title shall
be taken to mean and include every house, building, or portion
thereof which is rented, leased, let, or hired out to be occupied, or
is occupied as the home or residence of more than three families,
living independently of another, and doing their cooking upon the
premises, or by more than two families upon a floor, so living and
cooking, but having a common right in the halls, stairways, yards,
water-closets or privies, or some of them. A lodging-house shall
be taken to mean and include any house or building, or portion
thereof, in which persons are harbored or received, or lodged for
hire for a single night, or for less than a week at one time, or any
part of which is let for any person to sleep in for any term less
than a week. A cellar shall be taken to mean and include every
basement or lower story of any building or house of which one-
half or more of the height from the floor to the ceiling is below the
level of the street adjoining.
§ 667. The board of health shall have authority to make other
regulations as to cellars and as to ventilation, consistent with the
foregoing, where it shall be satisfied that such regulations will
secure equally well the health of the occupants.
POWERS OF DEPARTMENT OF PARKS. 209
CHAPTER XIII.
DEPARTMENT OF PUBLIC PARKS.
§ 668. The department of public parks shall control and man-
age all public parks and streets immediately adjoining the same, in-
cluding the whole of the land embraced within the boundaries of
Riverside avenue, and all public places which are the realty of the
city of New York, except the buildings in the City Hall park, and
save as in this act otherwise provided, and shall have charge of the
laying out and preparing maps and plans of all streets, avenues,
and drives above Fifty-ninth street, except as in this act otherwise
expressly provided.
§ 669. The department of public parks is vested with exclusive
power and control over all that portion of Battery place lying south
of the line of the south side of pier number one, North river, and
west of the easterly line of West street, extended in a southerly
direction, and also over the waters of the North river and soil
under the waters thereof, in front of said portion of Battery place,
and to the extent of two hundred feet westerly from the westerly
end of said Battery place ; and it shall be lawful for such depart-
ment to erect, construct, and maintain on said part of Battery
place, and over or on the lands under water before mentioned, a
proper improvement, to consist of suitable buildings, docks, piers,
or basins for the accommodation of small boats that may be
engaged in the business of attending on shipping lying in the said
river, or the bay or harbor of New York; and also to make, pre-
scribe, and enforce, from time to time, such rules and regulations,
for the use and enjoyment of the same, as to the said department
shall seem meet an ". for the public interest; said board
may also prescribe and enforce like rules and ordinances for the
control and government of all small boats frequenting or using the
water basin at the south end of the said Battery.
§ 670. The department of public parks shall have and possess
exclusive power to lay out, survey, and monument all streets, roads,
avenues, public squares, and places within that part of the City of
New York, north and east of a lime commencing at the termination
of the southerly line of One Hundred and Fifty-fifth street, at or
in the Hudson river, running thence easterly along said southerly
line of One Hundred and Fifty-fifth street, and a prolongation of
said line to the middle of Harlem river, and running thence south-
erly, along the middle of the said Harlem river, to the sound north
of Randall's Island, not including, however, the twenty-third and
twenty-fourth wards, of such width, extent, and direction, and
upon such grades as to it shall seem most conducive to the public
good ; and to change the location, width, course, windings and
grades of the streets, avenues and roads, which were on the fifth
day of June, eighteen hundred and seventy-four, laid out within
the said part of the city of New York; or to discontinue and close
the same or any portion thereof, as to the said department or a
majority of it, shall seem most conducive to the public interest.
1873, ch. 335, $83,
a8 amended
1873, ch. 757, $13,
Comp. 491.
1871, ch. 290, $6,
Comp. 507.
1876, ch. 447, §2,
Comp. 509.
Department of
parks,
1871, ch. 290, $7,
}omp. 507.
Control of part
of battery place.
May erect build-
ings, docks and
basins thereon.
Rules for con-
trol of small
boats at Battery.
1874, ch. 604, §1,
Comp. 1027.
Powers of de-
partment of
parks to lay out,
Survey, an
In Onument
streets, roads,
and avenues.
14
210 MAPS AND PLANS PREPAIRED,
1873, ch. 613, §14,
as amended,
1874, ch. 329, $14,
Comp. 512.
De")artment of
public parks,
their powers as
to public parks,
8treet.8, etc.,
within annexed
territory.
1874, ch. 604, $1,
Qomp. 1027.
§ 671. The department of public parks shall have the exclusive
power to locate and lay out, construct and maintain all public
parks, streets, roads and avenues and to devise plans for and locate
all bridges and tunnels, and to devise and prepare plans for the
proper sewerage and drainage in the territory embraced in the
twenty-third and twenty-fourth wards, and shall have exclusive
control of the maintenance and construction of all public parks
within the territory embraced in the twenty-third and twenty-fourth
wards, and the exclusive right to construct and maintain all bridges,
tunnels, sewers, streets, roads, and avenues so located and laid out,
and the said department shall have exclusive power to establish
the widths and grades of all such streets, roads and avenues so
located and laid out, with authority to change the location, width,
course, windings, and grades of the streets, avenues, and roads
which were on the fifth day of June, eighteen hundred and seventy-
four, laid out within said territory, or to discontinue and close the
same, or any portion thereof, as to them shall seem most conducive
to the public interest. Such streets, roads, and avenues within
said territory as are laid down and established by the commission-
ers appointed under chapter eight hundred and forty-one of the
laws of eighteen hundred and sixty-eight, on a map of the same,
filed in the office of the register of the county of Westchester, on
the twenty-third day of February, eighteen hundred and seventy-
One, . streets and avenues, with the grades and lines thereof
as laid down on said map, are hereby confirmed and established,
except so far as the same have been changed or modified in pur-
suance of law, subject, however, to be altered by the department of
public parks whenever it may deem such change required. The
several surveys, maps, plans, and profiles of Streets, roads, and
avenues which on the twenty-third day of May, eighteen hundred
and seventy-three, had been made, laid out, filed or adopted by the
commissioners of public parks within the said territory, under any
law of this state authorizing the same, are hereby confirmed and
established, subject to be altered, as herein provided, and except
as heretofore changed or modified in pursuance of law. No street
or avenue, not on said day laid out, shall be constructed through or
upon the depot or station grounds of any railroad or branch of the
same, then operated by steam within the said territory, unless with
the consent of the railroad company owning the same. In all
cases where proceedings have been commenced for the opening of
any streets, roads, or avenues, or for the construction of any street,
road, avenue, or sewer within the said territory, the same shall be
continued and completed under the direction of the said depart-
ment of public parks. All proceedings taken since May twenty-
third, eighteen hundred and seventy-three, or which are hereafter
taken by virtue of this section by said department of public parks,
to lay Out, construct, and maintain any public parks, to devise
plans for and locate any bridges or tunnels, or to locate or lay out
any streets, sewers, roads, or avenues, or for the construction of
any bridge, tunnels, sewers, streets, or avenues within said terri-
tory, shall be taken and prosecuted by the department of public
parks, under and in pursuance of the provisions of the laws in
force, for the construction of such works, or which may hereafter
be passed for the taking and prosecuting of proceedings in the city
|MAIPS AND PLANS PREPARED. 211
of New York, by the department of public parks or the commis-
sioner of public works.
§ 672. It shall and may be lawful for the commissioners of
public parks, and for all persons acting under their authority, to
enter in the day time into and upon any lands, tenements and
hereditaments and waters which they shall deem necessary to be
surveyed, used, or converted for the laying out, surveying, and
monumenting of any such streets, avenues, roads, or public squares
or places, as are named in the two preceding sections; and the
said commissioners shall cause three similar maps or plans and
profiles of the streets, avenues, roads, or public squares or places
so to be laid out by them as aforesaid, and of the shores bound-
ing the lands by them surveyed, to be made, showing the width,
course, windings and grades of such streets, avenues, roads, and
public squares and places, accompanied with such field notes and
explanatory remarks as the nature of the subject may require,
which maps, plans, and profiles, together with such notes and
remarks, shall be certified to by the president of the department
of public parks, or by one of the officers or commissioners of said
board designated by said board for that purpose, before any per-
son authorized by law to take acknowledgment of deeds and con-
veyances, and be filed, one in the office of the secretary of state, to
remain of record, one in the office of the register of the city and
county of New York, and the other of said maps in the office of the
said department of public parks. The said department shall not
be required to complete the laying out of all the streets, avenues,
and roads, public squares and places to be laid out pursuant to
said sections, before filing maps and plans for any portion thereof,
but whenever they shall deem the public interest so requires, they
may file in the offices hereinbefore designated, maps, plans, or
profiles, certified to, as hereinbefore provided, of such streets,
avenues, roads, public squares and places as they may then have
laid out, or any one of such streets, avenues, or roads, public
Squares, or places; accompanied by such field notes and explana-
tory remarks as hereinbefore provided, but such streets, avenues,
and roads, public squares and places, or so much of such portions
thereof as the said commissioners or a majority of them shall deem
proper, shall be again exhibited upon, or in connection with the
maps, plans or surveys filed upon the completion of the whole
work. The said commissioners shall erect suitable and durable
monuments wherever they, or a majority of them, shall deem it
necessary to define and designate said streets, avenues, roads,
public squares and places, the location of such monuments to be
noted upon the maps or plans and profiles filed by them.
§ 673. On the maps or plans prepared and filed in accordance
with the provisions of the three preceding sections, the said depart-
ment of public parks shall designate each street, avenue, or road,
as belonging to one of three classes. A street, avenue, or road, of
the first class shall be such as in the judgment of the commissioners,
is or may be needed for the convenience of the general public, either
as a main route of travel, or for drainage. The streets of this class
may be opened by the board or department of the city government
having control of such opening, whenever in their opinion the
interest of the public demands such opening or grading. A street,
1874, ch. 604, $2,
Comp. 1027.
Right of entry.
Maps to be
made.
1874, ch. 604, $2
as amended,
1876, ch. 4.6, $1,
Comp, 1027.
212 IMPROVEMENT OF HARLEM RIVER, ETC.
1874, ch. 604, $3,
Comp. 1029.
Maps, etc., final
as to iocation,
width, and
grades of
streets, etc.
1871, ch. 584, $1,
Comp. 1019.
Improvement of
river and creek.
New bulkhead
and pier lines
on Harlem river
and tide waters.
avenue, or road of the second class shall be such as in the judgment
of said commissioners is or may be needed for the use or con-
venience of the inhabitants of certain areas or districts, as
thoroughfares, but which are not main routes of travel. Streets of
this class shall be opened only on the petition of the owners of at
least one-third of the linear feet of frontage on such streets, and the
streets intersecting the same for five hundred feet in each direction
from such intersection. A street, avenue, or road of the third class
shall be such as in the judgment of the said commissioners is or
may be needed only for the subdivision of the property through
which it passes. Streets of this class shall be opened or graded
only on the petition of the owners of at least three-fourths of the
linear feet of frontage on such streets.
§ 674. The maps, plans, and profiles of the said department of
public parks, made and certified to as in the preceding sections,
provided, shall be final and conclusive as to the location, width, and
grades of the streets, avenues, and roads, public squares, and places
exhibited on such maps, plans, and profiles, as well in respect to
the mayor, aldermen, and commonalty of the city of New York, as
in respect to the owners and occupants of lands, tenements, and
hereditaments within the boundaries aforesaid, or affected by said
streets, avenues, roads, public squares, and places, and in respect
to all other persons whomsoever.
§ 675. It shall be the duty of the department of public parks to
devise and prepare plans for the improvement of the navigation of
Harlem river and Spuyten Duyvil creek, the plan and location of
all bridges, tunnels, and other means of transit across or under
said river and creek ; and plans, locations, and grades, so far as the
said board may deem practicable, of all railroads and similar modes.
of communication and transportation to be operated by steam or
other power that may hereafter be authorized by law to be con-
structed within, through or in connection with said area, and plans
and location of new pier and bulkhead lines and the grades thereof
on both sides of the Harlem river, from the line of the Third avenue
to the East river or Long Island sound, and plans and location of
pier and bulkhead lines and the grades thereof in and along all
other tide waters bounding and adjacent to the twenty-third and
twenty-fourth wards or north of Spuyten Duyvil creek. Whenever
the said board shall deem it proper so to do, they may file maps,
plans and profiles in the manner provided in the last section but
two, for the improvement of Harlem river and Spuyten Duyvil
creek, and plans and locations for all bridges, tunnels and other
means of transit across or under said river or creek, and the plans,
grades and locations, so far as the said board may deem practicable,
of all railroads and similar modes of communication and transpor-
tation to be operated by steam or other power, which they have
determined to lay out, establish, alter, discontinue, abandon, close,
or retain within any particular section of the district or area here-
inbefore described, and the grades therefor; and from and after the
filing of said maps, plans, profiles and grades as aforesaid, the
powers of the said department to lay out, establish, alter, discon-
tinue, abandon, close or retain any improvement of Harlem river or
Spuyten Duyvil creek, or bridge, tunnel, or other means of transit
'across or under said river, or creek, or railroads and similar modes.
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214 OPENING STREETS IN 23 D AND 24TH WATEDS.
1874, ch. 604, §4,
Comp. 1029.
The department
Of parks may a C-
quire title.
Assessment for
benefits.
Proceedings
therefor.
Compensation
for buildings,
etc.
manage, and direct all the work, buildings, and constructions which
they are in this section empowered and authorized to build and
construct ; and to pass ordinances for the regulation, control, and
government thereof, and of the various works and constructions of
the kind, nature, and character herein referred to, and upon or
adjacent to said Harlem river and Spuyten Duyvil creek, and impos-
ing and enforcing proper penalties for the violation of such ordi-
nances, and defining methods for the enforcement and collection
thereof, and for punishing any person or corporation violating or
offending against the same.
§ 677. The department of public parks, for and in behalf of the
mayor, aldermen and commonalty of the city of New York, is
authorized to acquire title for the use of the public, to all or any of
the lands required for the streets, avenues and roads, public squares
and places laid out by them, in the twenty-third and twenty-fourth
wards of the said city of New York or any portion of said streets,
avenues, roads, public squares and places in the said twenty-third
and twenty-fourth wards of said city, whenever they shall deem it
for the public interest so to do ; and such department may for that
purpose make application to the supreme court in the first judicial
district for the appointment of commissioners of estimate and
assessment, specifying in such application the lands required for
that purpose, and the proceedings to acquire title to such lands
shall be had pursuant to such acts as shall then be in force rela-
tive to the opening of streets, avenues, roads and public squares
and places in the city of New York, which said acts, so far as the
same are not inconsistent with the provisions of this chapter are
hereby made applicable to the streets, avenues, roads, public
Squares and places so laid out or to be laid out by said department
of public parks, in the same manner and to the same extent as if
the said streets, avenues, roads, public squares and places had been
Originally laid down as and for public streets, roads, avenues,
Squares and 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 third, one thousand eight hundred and
Seven, except that the said commissioners of estimate and assess-
ment who may be appointed as herein provided, may assess for such
opening all such parties and persons, lands and tenements, as they
may deem to be benefited by such improvement, to the extent which
said commissioners of estimate and assessment deem such parties,
persons, lands and tenements benefited thereby, provided that as to
streets, avenues or roads which shall be, in the opinion of said the
commissioners of estimate and assessment, or a majority of them,
more than one mile in length, not more than one-half of the amount
awarded for damages, and of the expenses attending such opening,
shall be so assessed ; the amount of such damages and expenses not.
so assessed being hereby made a charge upon the city of New York,
to be paid as hereinafter provided. The moneys collected upon the
assessment of the commissioners of estimate and assessment shall
be paid into the city treasury. No compensation shall be allowed
for any buildings, erection or construction which at any time sub-
sequent to the filing of the maps, plans or profiles mentioned in
section six hundred and seventy-two of this act, may be built,
OPENING STIREETS IN 23D AND 24TH WAIRDS. 215
erected or placed in part or in whole upon or through any street,
avenue, road, public square or place exhibited upon such maps,
plans or profiles. The damages awarded by colamissioners of esti- Damages, when
mate and assessment, appointed pursuant to the provisions of this *
act, shall become due and payable immediately upon the confirma-
tion of the report of said commissioners of estimate and assess-
ment.
§ 678. The department of public parks for and in behalf of the ºl, chº, $10,
a T- - º - Comn. 1025.
mayor, aldermen and commonalty of the city of New York is author- iii. is inds in
ized to acquire title for the use of the public to approaches to ...?"
bridges and tunnels, sites or lands above or under water for bridges
and tunnels, and sites or lands above or under water for all im-
provements of the navigation of Harlem river and Spuyten Duyvil
creek that may be laid out or retained by them under section six
hundred and seventy-five, whenever they shall deem it to the public
interest so to do, and such department shall for that purpose make
application to the Supreme court in the first judicial district for the
appointment of commissioners of estimate and assessment, specify-
ing in such application lands required for that purpose ; and such
proceedings to acquire titles to such lands shall be had pursuant to
such acts as shall then be in force relative to the opening of public
squares and places, streets, avenues and roads in the city of New
York, except that in such proceedings the department of public
parks shall act in lieu and in place of the mayor, aldermen and
commonalty of the city of New York, except also that the commis-
Sioners of estimate and assessment who may be appointed as herein
provided may assess for such openings and land laid out and
retained all such parties and persons, lands and tenements as they
may deem to be benefited by such improvements to the extent which
such commissioners deem such persons, parties, lands and tene-
ments benefited thereby ; and it shall be the duty of the counsel to
the corporation of the city of New York to perform all the legal
services required of him in the proceedings authorized by this act
without any additional compensation beyond the salary and allow-
ances now provided by law; and the said streets, avenues or roads, streets and ave-
approaches to bridges and tunnels, sites or lands above or under tºº.
water for bridges and tunnels, and sites or lands above or under rºminiºn.
g - º * --! - 0. º . ... I trol of the de-
water for all improvements of navigation of Harlem river and ºtherit of
Spuyten Duyvil creek, as shall be laid out or retained by the ".
department of public parks, as aforesaid, shall immediately after
the same are laid out and opened be and remain under the control
and management of the department of public parks, as to the regu-
lating, grading and proper constructing and maintaining the same
and all the works pertaining thereto.
§ 679. It shall be the duty of the department of public parks to 1873, ch.513, $17,
cause to be made maps of the territory constituting the twenty- §ººd
third and twenty-fourth wards, for the use of the department of and ºth wards.
taxes and assessments. Such maps shall show all street, road, and
property lines, and the divisions of all lots and separate properties,
and the dimensions of the same. The said maps shall be of such
Scale, form and dimensions, and bound in volumes of such size as
may be directed by the commissioners of taxes and assessments.
The said lots and separate properties shall be designated on said
maps by numbers, as may be directed by the commissioners of
216 DUTIES OF DEPARTMENT OF PARKS.
How and by
whom to be
made.
Entrances to be
completed.
1881, ch. 323, §1.
Plans.
1867, Ch. 697,
Comp. 1011.
When it shall
not be necessary
to file maps, etc.
1852, ch. 819, §ſ,
Comp. 497.
Manhattan
8(1118 re annexed
to Central park.
Eighth avenue
to be kept open.
1880, ch. 588, $1,
Department of
public parks to
proceed with
improvements
of parks, etc.
1878, ch. 380, $1,
Conn D. 985.
Washington
park.
taxes and assessments. The department of public parks shall cause
such maps and surveys as may be found necessary for their com-
pletion, to be made by competent surveyors and draughtsmen in
the office and under the direction of the civil and topographical
engineer in charge of surveying, laying out and monumenting
the twenty-third and twenty-fourth wards, and so far as practicable
from the maps and topographical surveys of the town of Morrisania,
made under the direction of the commissioners appointed under
chapter eight hundred and forty-one of the laws of eighteen hundred
and sixty-eight, and the topographical maps of the towns of West
Farms and Kingsbridge, made under the direction of the commis-
sioners of the Central park and the commissioners of the depart-
ment of public parks, which said maps are now in the possession
of said department of public parks.
§ 680. The board of commissioners of the department of public
parks is hereby authorized to complete the entrances on the Eighth
avenue, at Seventy-seventh and Eighty-first streets, to the westerly
drive, and on the avenue between said streets to the transverse road.
The plans for said improvements may be prepared by the trustees
of the American Museum of Natural History, without cost to said
city, subject to the approval of said board of commissioners.
§ 681. In all cases of improvements touching the laying out of
streets, avenues, roads, public squares and places, where the depart-
ment of public parks is required to file maps, plans or surveys
thereof, and of the grades therefor, it shall not be necessary to
file the maps showing the laying out, and the maps showing the
grades therefor, at the same time; but whenever it shall deem the
public interest to so require, it may file in the offices hereinbefore
designated, maps, plans or surveys, certified as hereinbefore pro-
vided, of such streets, avenues, roads, public squares and places,
and of grades, as it may, from time to time, lay out and establish,
and all the provisions of this act shall be applicable to the same
when so filed ; but such streets, avenues, roads, public squares and
places, and grades, shall be again exhibited on the maps, plans or
surveys filed upon the completion of the whole work.
§ 682. It shall be the duty of the said department to inclose, lay
out, grade, regulate, drain, and improve that piece or parcel of land
known as Manhattan square, bounded on the north by Eighty-first
street, on the east by the Eighth avenue, on the south by Seventy-
seventh street, and on the west by the Ninth avenue, and to connect
the same with the Central park in such way or ways as shall not
interfere with the full, free, and uninterrupted use of the Eighth
avenue as a public street.
$683. The department of public parks is authorized and directed
to proceed with the improvement and inclosure of the several public
squares, parks, or places laid out and established within the lines
of Fourth avenue, between Sixty-seventh and Ninety-sixth streets.
But said squares or places shall be so laid out and established as
not to change, alter, or interfere with the Fourth avenue improve-
ment, or with the plans and openings established and carried out
by the board of engineers of the Fourth avenue improvement.
§ 684. The public park, or place, or square, known as Washing-
ton Square or Washington parade ground, shall (except the street
or roadway through the same, running from Fifth avenue on the
DUTIES OF DEPARTMENT OF PARKS. 217
north to South Fifth avenue on the south) be used in perpetuity as
one the public parks, or squares, or places of said city, and shall be
kept by the department of public parks in proper order, ornamented
and protected, for the public use as a public park, and for no other
use or purpose whatsoever.
§ 685. The land at present occupied by the reservoir on Fifth
avenue, between Fortieth and Forty-second streets, together with
the adjacent land lying west thereof, known as Reservoir square,
shall be converted into a public park, which shall be laid out by,
and be under the control and management of the park commissioners,
and kept and maintained by them as one of the public parks and
places in the city of New York. It shall not be used for military
parades, drills, inspections or reviews of any kind, but only for a
public park or square.
§ 686. The commissioners of the department of public parks
are authorized and directed to proceed with the improvement, by
inclosure and otherwise, of the public parks or places in the
twenty-third ward of the city of New York, shown on a map of the
“Hunt's Point District,” dated March twenty-third, eighteen hun-
dred and seventy-eight, and filed by the commissioners of the
department of public parks in accordance with the provisions of
chapter six hundred and four of the laws of eighteen hundred and
seventy-four, and chapter four hundred and thirty-six of the laws of
eighteen hundred and seventy-six, respectively, situated at the
intersection of Third avenue with Boston avenue, and at the inter-
section of Franklin avenue with Fulton avenue.
§ 687, No portion of Broadway, between Fifty-seventh street and
the northerly line of Fifty-ninth street, shall be used for any other
purpose than that of a public street or public place, nor shall any
portion thereof be used as a carriage or hack stand, nor shall any
stall, stand, or erection or incumbrance of any kind be permitted
therein, but the same and every portion thereof within the limits
aforesaid, shall be kept free and clear for the passage of the public,
and, as respects its use, shall be under the exclusive control and
management of the commissioners of the Central park, who are
authorized to make such rules and regulations respecting its use,
not inconsistent with the provisions of this section, as they may
deem proper.
§ 688. The determination of the lines of curb and other surface
constructions in all the streets and avenues, within the distance of
three hundred and fifty feet from the outer boundaries of any public
park or place, which is now or hereafter may be under the control
and management of the department of public parks, is vested in the
Said department; and the said department shall also have power to
plant trees and to construct, erect, and establish seats, drinking
fountains, statues and works of art, whenever they may deem it for
the public interest so to do, on the said parts of said public streets
and avenues; and the said parts of said public streets and avenues
shall at all times, after the same are opened, be subject to such
rules and regulations in respect to the uses thereof and erections
and projections thereon as the said department may make therefor.
Nothing in this section contained shall be construed to authorize
the said department to do any work in the matter of regulating,
grading, paving, sewering, curbing and guttering any of the streets
1881, Ch. 456, §4.
5, 1871, ch. 692,
$5, Comp. 1176.
Commissioners
to proceed with
improvement in
Hunt's Point
District.
1881, ch. 461.
1866, ch. 757, $3.
Comp. 948.
Broadway, be-
tween Fifty-
seventh and
Fifty-ninth
streetR.
1873, ch. 850, $1,
Comp. 510.
Determination
of lines of curbs
etc., vested in
commissioners.
218 DUTIES OF I) EPAIRTMENT OF IPARKS.
1873, ch. 850, $3,
Comp. 510.
Moneys appro-
É. applica-
le to Streets
bordering on
parks.
1871, ch. 200, $6,
Comp. 507.
Keepers of the
Central and
other parks, how
appointed.
Their powers.
Additional tem-
porary force.
1878, ch. 125, $1,
as amended
1819, ch. 478,
Comp. 164.
1865, ch. 26, $7,
Comp. 504.
Military-
encampment,
etc., in Central
park forbidden.
or avenues herein mentioned, which the department of public works
is authorized by law to do. :
§ 689. All moneys heretofore appropriated and granted, or that
may hereafter be appropriated and granted to the said department
of public parks, for the improvement and maintenance of any of
the public parks and places under their management and control,
shall be deemed and taken to be appropriated and granted for and
applicable to the improvement and maintenance of the avenues and
streets bordering and within the distance of three hundred and
fifty feet from the outer boundaries of each of such parks and pub-
lic places, so far as the work of such improvement and mainten-
ance is done by said department. -
§ 690. The commissioners of public parks may organize and
appoint a force to be known as keepers of the Central park, and the
Several public parks, squares, and places in the city, to consist of
such number of men as the board may, from time to time, deem
necessary to preserve order in the said Central park and in the several
public parks, squares, and places; which force shall be under the
exclusive control and direction of said board, and may be, in whole
or in part, discharged at pleasure ; each member of said force shall,
by virtue of his appointment, be invested with the same powers,
within the limits of said public parks, squares, and places, and
that portion of the streets and avenues bounding the same as lie
adjacent thereto, as if he had been appointed to a similar rank in the
force of the police department of the city, and shall take an oath
to be prescribed by said board, and may be allowed compensation by
said board equal to that allowed to members of said police force.
Whenever special circumstances shall, in the judgment of said
commissioners, require an additional force for the preservation of
Order in any of the said public parks, squares, and places, the said
board may appoint the same temporarily, as in their judgment the
occasion may require ; and during such period said additional
force shall have the same powers as the said keepers of the said
Central park and the several city parks, squares, and places, and
the said department shall have the full and exclusive power to
govern, manage, and direct the said several public parks, squares,
and places, and to pass Ordinances for the regulation and govern-
ment thereof; and all persons offending against such ordinances
shall be deemed guilty of a misdemeanor and be punished, on con-
viction before the recorder or any magistrate of the city, by a fine
not exceeding fifty dollars, and in default of payment, by imprison-
ment not exceeding thirty days.
§ 691. The department of public parks shall have exclusive
authority to decide when and where any new lamps shall be put
and lighted in any parks or places under its control.
§ 692. No military encampment, parade, drill, review, or other
military evolution or exercise, shall be held or performed on Cen-
tral park, or any part thereof, except with the previous consent of
the said board, nor shall any military company, regiment, or other
military body, enter or move in military order within said park.
No military officer shall have authority to order, direct, or hold
any such parade, driil, review, or other evolutions or exercise, or
encampment within said park, except in case of riot, insurrection,
rebellion or war. It shall not be lawful to grant, use or occupy for
BOTANICAL AND ZOOLOGICAL GAIRDEN.S. 219
the purposes of a public fair or exhibition any portion of said
park.
§ 693. The department of public parks is hereby authorized to
erect, establish, conduct, and maintain on the Central park, a
meteorological and astronomical observatory, and a museum of
natural history, and a gallery of art, and the buildings therefor,
and to provide the necessary instruments, furniture, and equip-
ments for the same.
§ 694. The said department shall have power to establish and
maintain on Manhattan square, or any other part of the Central
park, a botanical and Zoological garden, provided, however, that
the said commissioners shall not fix or establish, or in any manner
change or alter the grade of the streets surrounding the said piece
of ground known as Manhattan square, as now fixed and estab-
lished by law.
§ 695. Admission to the zoological or botanical gardens shall be
either free to the public or upon the payment of such sum as may
be prescribed by said department; and all income from said gar-
dens and from the sale of surplus animals thereof, shall be ap-
plied to the expenses of the maintenance, government and support
thereof, or of said park. Said department may agree for the man-
agement and maintenance of said gardens with any society hereto-
fore incorporated by the legislature of the state for that purpose;
but the above mentioned gardens shall always be under the control
of said department. . #
§ 696. The department of public parks is hereby authorized and
directed to continue the contract with the American Museum of
Natural History for the occupation by it of the buildings erected
or to be erected on that portion of the Central park formerly known
as Manhattan square, and establishing and maintaining therein its
museum, library, and collections, and carrying out the objects and
purposes of the said society. *
§ 697. The department of public parks is hereby authorized
and directed to continue the contract with the Metropolitan
Museum of Art for the occupation by it of the buildings erected
or to be erected on that portion of the Central park east of the old
receiving reservoir, and bounded on the west by the drive, on the
east by the Fifth avenue, on the south by a continuation of
Eightieth street, and on the north by a continuation of Eighty-
fifth street, and transferring thereto, and establishing and main-
taining therein its museum, library, and collections, and carrying
out the objects and purposes of the said museum of art.
§ 698. The department of public parks, with the concurrence of
the board of estimate and apportionment, is authorized to enlarge
the building now erected upon that portion of the Central park
east of the old receiving reservoir, and now in the possession and
occupation of the Metropolitan Museum of Art. The plans for
Said enlargement, and for the equipment of the same, shall be pre-
pared by the trustees of the said Metropolitan Museum of Art, and
approved by the board of commissioners of the department of
ublic parks. Said plans may include any alteration of the present
uilding made necessary by the enlargement, or found by experi-
ence to be desirable.
§ 699. The department of public parks are hereby authorized
1871, ch. 208.
1869, ch. 599, §§1,
2, Comp. 517.
Observatory in
Contral park.
1} 64, ch. 319, $1,
Comp. 497.
Bofanical and
zCological gar-
dcn.
1865, ch. 27, §6,
Comp. 504.
Department to
determine con-
dition of admis-
tion to gardens.
1876, ch. 139, $1,
Comp. 518.
Contract with
American Mu-
Seum, etc.
Id. $2.
Also with
Metropolitan
Museum of Art.
Park commis-
sioners may en-
large building
occupied by
Museum of Art.
1881, ch, 375, $1.
1871, ch. 742, $18,
Comp. 401.
220 GIFTS TO DEPARTMENT OF PARKS.
Location in
arks and places
or fire appar-
atus houses.
1869, ch. 849, §10.
Comp. 501.
Real and per-
Sonal property
conveyed in
trust.
1861, ch. 88, §3.
Comp. 501.
1865, ch. 36, §3.
1861, ch. 88, $3,
Comp. 501.
1865, ch. 26, §5,
Comp. 503.
1859, ch. 349, $7,
Comp. 500.
Commissioners
not Create
debts.
Expenses.
1857, ch. 771, $3,
Comp. 498.
1873, ch. 756, $7,
Comp. 186.
1867, ch. 697, $7,
Comp, 1012.
Subdivision of
plots, etc., by
OWI) (erg,
and empowered, in their discretion, on the application in writing
of the board of fire commissioners, to grant to them locations for
apparatus houses of said department in any of the public places,
parks, or squares in said city under their control, provided the
same are so located and constructed as, in the judgment of the
board granting such permission, will not disfigure or encumber the
same, or interfere with the purposes of public use, and recrea-
tion, but will tend to the protection of the public and their prop-
erty,
§ 700. Real and personal property may be granted, devised,
bequeathed, or conveyed to the mayor, aldermºn, and commonalty
of the city of New York, or to the board of commissioners of parks,
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 dº
of public parks; and all property so devised, granted, bequeathed,
or conveyed, and the rents, issues, profits, income and increase
thereof, shall be subject to the exclusive management, direction,
and control of the said department of public parks, and except such
surplus animals and duplicate specimens as said department may
deem it best for the interest of said garden to dispose of by sale
or otherwise, shall be forever properly protected, preserved, and
arranged for public use and enjoyment, subject to such rules and
regulations as said department may prescribe. The said depart-
ment shall hereafter, with its annual report, make a statement of
the condition of all the gifts, devises, and bequests of the previous
year, and of the names of the persons making the same.
§ 701. None of the commissioners of public parks, nor any
person, whether 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 department, or the moneys, or property
under its control, except with express authority conferred at a
meeting duly convened and held. Each commissioner shall be
&ntitled to be reimbursed the amount of his personal expenses in
visiting and superintending the said park, not exceeding the sum
of three hundred dollars per annum. -
§ 702. The said department may apply a sum not exceeding
thirty thousand dollars per annum, out of the moneys provided for
the maintenance of the parks, for the keeping, preservation, and
exhibition of the collections placed in the buildings referred to in
sections six hundred and ninety-six and six hundred and ninety-
seven of this act.
§ 703. If, at any time after the filing of the maps showing the
laying Out of streets, avenues, roads and public squares, and places,
by the department of public parks, the owner or owners of any
plot of land bounded on all sides by streets, avenues or roads, and
not laid out as and for a public square or place, shall desire to subdi-
vide such plot and give public right of way into or through such
plot, he, she, or they may do so by submitting two maps, plans or
surveys of such plot and of such proposed right of way, showing
the width, which shall not be less than thirty feet, and the location,
DTEIPARTMENT OF ST'ſ.I.ET CLEANING. 221
extent and direction of the same, and the proposed grade therefor,
to the said department for its approval; and if the same shall be
approved, and the owner or owners aforesaid shall immediately
thereafter convey, in such form as shall be approved by said
department, the title to the land required for such right of way,
free and clear from all incumbrances, unto the mayor, aldermen,
and commonalty of the city of New York, in trust, as and for a
public street, road or avenue, the same shall from that time be and
become an opened public street, road or avenue, the same as if it
had been laid out and opened as other streets, roads or avenues are
or ought to be ; and the maps, plans or surveys thereof, and of the
rades therefor, shall be certified by one of the officers of the said
ãº. to be designated by the board for such purpose, one
of said maps shall be filed in and remain of record in the office of
the commissioner of public works, and the other shall remain of
record in the office of the department of public parks.
CHAPTER XIV.
DEPARTMENT OF STREET CLEANING.
§ 704. The department of street cleaning shall have exclusive
charge of the cleaning of streets, and the removal of ashes and
garbage in the city. The commissioner of street cleaning shall have
power and authority, and is hereby charged with the duty of caus-
ing the streets of said city, which shall include all the public avenues,
streets, lanes, alleys, places, wharves, piers, and heads of slips there-
in, except such as are within any park under the control and man-
agement of the department of public parks, to be thoroughly cleaned
and kept clean at all times, and of removing from said city, or other-
wise disposing of, as often as the public health and use of the streets
may require, all street sweepings, ashes and garbage, and of remov-
ing new fallen snow from leading thoroughfares and such other
streets and avenues as may be found practicable. In no case shall
the amount expended by said commissioner exceed the amount
appropriated for his said department by the board of estimate and
apportionment. Said commissioner shall file with the comptroller,
monthly, a statement, under oath, showing the number and the names
of all persons employed by him during the preceding month, and the
amount paid to each of them and the particular kind of work in
which each of them shall have been employed during such month.
§ 705. Said commissioner shall have power to engage and in his
discretion discharge from time to time all such clerks, laborers, and
other employees, and to fix their compensation as shall be neces-
sary and proper in executing the duties hereby imposed upon him,
and may make, and from time to time alter rules and regulations for
their government. But the compensation and wages of such clerks,
laborers, and other employees shall not exceed the current market
rate paid for similar services in private business. The said com-
missioner shall also have power to hire or purchase for his use as
Such commissioner, at current market prices, horses, carts, steam-
tugs, scows, boats, vessels, machines, tools, and other property
Id. $2.
1881, ch. 367,
§§1, 2.
Power and
duty of com-
missioner.
Monthly state-
mentS.
Employees.
Id. §3.
Steam.tugs, etc.
Contracts, let-
ting of, etc.
222 DEPARTMENT OF STREET CLEANING.
Id. §4.
Slips in docks to
be set apart for
use of depart-
ment.
required for the economical and effectual performance of his said
duty, or contract for the construction of any such tugs, scows, boats,
vessels or machines, the title to which property so purchased shall
be in the mayor, aldermen, and commonalty of the city of New York.
All such hirings, or purchases or contracts, however, exceeding one
thousand dollars in amount at any one hiring or purchase, shall be
by contract let to the lowest bidder therefor, founded on sealed
proposals or bids made in compliance with public notice advertised
in the City Record ; such notice to be published at least ten days
prior to the opening of such proposals or bids. Whenever the said
commissioner shall deem it necessary he shall, and he is hereby
authorized so to do, sell at public auction any plant, material,
horses, carts, scows, or other property used in any way in connec-
tion with the work of cleaning the streets. The said commissioner
is hereby authorized to hire or lease suitable and sufficient offices
for the transaction of the business under his charge, and also such
stables and other buildings as may from time to time be necessary.
§ 706. The department, bureau or city officer, authority or
authorities, which shall from time to time have the management and
control of the public docks, piers and slips of the city, shall desig-
nate and set apart for the use of said commissioner suitable and
sufficient slips, piers, and berths in slips, located as the said com-
missioner may require, and such as shall be convenient and neces-
sary for his use in executing the duty hereby imposed upon him, ex-
Leasing of pier8,
etc.
1881, ch. 337, §5,
Employees to be
uniformed.
Id. §6.
Special contract
for collection of
garbage, etc.
Id. §7.
Contracts for
final disposition
of garbage, etc.
cepting slips, docks and piers on the East river set apart for the use of
canal boats. The said commissioner may, with the approval, in
writing, of the board of estimate and apportionment, lease piers,
slips, or wharves for the necessary purpose of the duties by this
chapter conferred whenever suitable piers, slips or wharves owned
by or under the control of the city cannot be obtained or are not
set apart and designated as in this section provided.
§ 707. In the work of street sweeping and cleaning, and in the
collection and removal of street sweepings, ashes and garbage, the
men may be provided with some distinctive dress or portion there-
of, or some badge designated by said commissioner, to be so worn
that they shall be easily recognized as employees of the department.
§ 708. Said commissioner may let out special contracts for
periods not exceeding three years for the work of street sweeping
and cleaning, or for the collection of ashes and garbage, or some
part thereof, in particular districts to be designated for that pur-
pose by the said commissioner, and the terms and conditions of
which contracts shall have been first approved by the board of esti-
mate and apportionment ; provided that such contracts shall in all
cases provide for their termination on ten days' notice by the com-
missioner, with the approval of the mayor.
§ 709. Said commissioner shall have power to enter into con-
tracts with responsible persons and parties for the final disposition,
for periods not exceeding five years, of all or any part of the said
street sweepings, ashes or garbage, when collected; provided always
that such contracts shall be approved both as to terms and condi-
tions by the board of estimate and apportionment. All contracts
shall be entered into on behalf of the city by the commissioner with
adequate security. He shall advertise for proposals in such news-
papers in the city as he may designate, not exceeding three in
POWERS OF DEPARTMENT OF DOCK8. 223
number, for ten days, to perform the work in such form and manner
and on such terms and conditions as he may prescribe. Such pro-
posals may be for the performance of all or such part or portion of
the work as he shall require. Each proposal must be accompanied
by a certified check on a solvent banking incorporation in the city,
payable to the order of the comptroller for five per cent of the
amount for which the work bid for is proposed in any one year to
be performed. From the proposals so received he may select the
bid or bids, the acceptance of which will, in his judgment, best
secure the efficient performance of the work, or he may reject
any or all of said bids. On the acceptance of any bid by him, the
checks of the unaccepted bidders shall be returned to them, and
upon the execution of the contract the check of the accepted bidder
shall be returned to him. The sureties upon all contracts hereby
authorized shall be approved by the comptroller, and all contracts
and bonds securing the same shall be approved as to form by the
counsel to the corporation.
§ 710. The said commissioner of street cleaning, with the
approval of the mayor, may provide for cremating or burning street
refuse or garbage, and may, through the commissioners of the
sinking fund, lease or purchase land for the erection thereon of
suitable crematories or furnaces.
CHAPTER XV.
DOCKS, PIERS, HARBOR, PORT, AND WATERS.
Title 1.- The Department of Docks.
§ 711. The department of docks shall have exclusive charge and
control, sulject in the particulars hereinafter mentioned to the com-
missioners of the sinking fund of said city, of all the wharf property
belonging to the corporation of the city of New York, including all
the wharves, piers, bulkheads, and structures thereon, and waters
adjacent thereto, and all the slips, basins, docks, water-fronts, land
under water, and structures thereon, and the appurtenances, ease-
ments, uses, reversions, and rights belonging thereto, which are now
owned or possessed by the said corporation, or to which said cor-
poration is or may become entitled, or which said corporation may
acquire under the provisions hereof, or otherwise ; and said depart.
ment shall have exclusive charge and control of the repairing,
building, rebuilding, maintaining, altering, strengthening, leasing,
and protecting said property, and every part thereof, and of all the
cleaning, dredging, and deepening necessary in and about the same.
Said department is also hereby invested with the exclusive govern-
ment and regulation of all wharves, piers, bulkheads, and structures
thereon, and waters adjacent thereto, and all the basins, slips and
docks, with the land under water in said city not owned by said
corporation. Said board shall not have power to change the exte-
rior line of piers and bulkheads, as established by law.
§ 712. The plan or plans for the whole or any part of the water-
front of said city determined upon by the department of docks,
Id $9.
Cremating
garbage.
1871, ch. 574, $6,
Comp. 728.
Control of
wharves, piers,
slips, etc.
Repairing, alter-
ing, cleaning,
Cic.
Regulation and
government
thereof.
1873, ch. 335, $88,
1871, ch. 574, $6,
as amended
224 WORK ON WATER FRONT.
§ººl. adopted and certified to by the commissioners of the sinking fund
e º ºvew & and filed in the office of the department of docks in accordance with
the provisions of the third subdivision of section ninety-nine of
chapter one hundred and thirty-seven of the laws of eighteen hun-
dred and seventy, as amended by section six of chapter five hun-
dred and seventy-four of the laws of eighteen hundred and seventy-
Effect of aling one, shall continue to be the sole plan or plans, according to which
any wharf, pier, bulkhead, basin, dock, or slip, or any wharf, struc-
ture, or superstructure, shall be laid out or constructed within the
territory or district embraced in and specified upon such plan or
plans, and be the sole plan or plans and authority for solid filling
in the waters surrounding said city and for extending piers into
said waters and erecting bulkheads around said city ; and all other
provisions of law regulating solid filling and pier and bulkhead
lines in said waters enacted prior to April eighteenth, eighteen
hundred and seventy-one, are to be deemed to be repealed when-
ever said plan or plans is or are inconsistent with such provisions
Docks, slips... of law. No wharf, pier, bulkhead, basin, dock, slip, or any wharf,
tºº." structure, or superstructure shall be laid out, built, or rebuilt
there with. within such territory or district, except in accordance with such
plan or plans, provided that the said department of docks, with the
consent and approval of the commissioners of the sinking fund, may
from time to time change the width or location of the piers laid
down on said plan or plans.
fºlution of § 713. The commissioners of the department of docks are
§p. 734. directed to cause to be made the necessary surveys, soundings, and
other examination of the water front of all that part of Westchester
county recently annexed to said city, from the easterly terminus of
said water front at the mouth of the Bronx river, as already deter-
mined, and thence following the East river bank and the Harlem
river, Spuyten Duyvil creek, and Hudson river to the northern
terminus of said water front on the Hudson river as already deter-
mined, and to ascertain the capacities and requirements of said
water front for adaptation to commercial uses, in like manner as the
said board has already caused to be surveyed and examined the
previously recorded water front of said city.
1871, ch. 574, $6, § 714. In executing the plan or plans mentioned in section seven
§on of hundred and twelve, the department of docks shall proceed, accord-
Mººn" ing to said plan or plans, to lay out, establish, and construct
; vuv, wharves, piers, bulkheads, basins, docks or slips in the territory or
district embraced in such plan or plans, and in and upon or about
the property owned by the mayor, aldermen and commonalty of
the city of New York, without interfering with the property or
rights of any other person, except so far as may be necessary to
insure the safety and stability of the wharves, piers, bulkheads,
basins or slips so to be constructed. And said department may
commence and carry on such construction in sections of said
territory or district, from time to time, so as not to seriously
work, how per- incommode the commerce of said city. The work of such con-
formed. struction under said plan or plans, unless ordered to be otherwise
performed by the affirmative votes of all the members of the board,
shall be performed as follows: The said board shall prepare full
and minute specifications for such work, and advertise for proposals
for doing said work under said plan or plans, and according to
CHAIRGES FOR WHARFAGE. 225
such specifications; proposals therefor shall be signed by the
bidders for said work and be sent to said board within the time
specified in such advertisement, accompanied by a bond of the form
set forth in said specifications, duly executed. The said board
shall open said proposals on a day to be specified in such advertise-
ment, and shall examine them, and shall award the contract for said
work to the lowest responsible bidder complying with such plan or
plans and specifications; such contract shall be executed by the
said board on behalf of the mayor, aldermen and commonalty of the
city of New York, and shall always contain provisions as to the
time of commencing and completing said work, and for the retention
of at least one-fourth of the contract price until the completion of
the said work, as security for its performance and for the forfeiture
of said contract for non-performance of the terms thereof. Said
board may, upon the forfeiture of any such contract, proceed to
complete the work thereunder without contract, or may readvertise
for proposals to complete said work and award a new contract
therefor in the same manner as provided herein for awarding the
original contract; but no bidder under this section shall be entitled
to a contract until his bid shall be approved and accepted by said
board.
§ 715. The department of docks is authorized to acquire, in the
name and for the benefit of the corporation of the city of New York,
any and all wharf property in said city to which the corporation
of the city of New York then has no right or title, and any rights,
terms, easements, and privileges pertaining to any wharf property
in said city and not owned by said corporation ; and said depart-
ment may acquire the same either by purchase or by process of law,
as herein provided. Said department may agree with the owners
of any such property, rights, terms, easements, or privileges, upon
a price for the same, and shall certify such agreement to the com-
missioners of the sinking fund, and if said commissioners approve
of such agreement, said department shall take from such owners,
at such price, the necessary conveyances and covenants for vesting
said property, rights, terms, easements, or privileges in, and assuring
the same to, the mayor, aldermen, and commonalty of the city of
New York forever, and said owner shall be paid . price from the
city treasury, as hereinafter provided. If the said department shall
deem it proper that the said corporation should acquire possession
of any such wharf property, rights, terms, easements, or privileges
for which no price can be agreed upon between the owners thereof
and the said department, the said department may direct the
counsel to the corporation of said city to take legal proceedings to
acquire the same for the mayor, aldermen, and commonalty of said
city, and the said counsel to the corporation shall take the same
proceedings to acquire the same as are by law provided for the
taking of private property in said city for public streets or places,
and the provisions of law relating to the taking of private property
for public streets or places in said city are hereby made applicable, as
far as may be necessary, to the acquiring of the said property, rights,
terms, easements, and privileges, and said department is also em-
Contract, how
executed, and
what to contain.
1871, ch. 574, §6,
Comp. 729.
Purchase of
wharf property
for city.
Commissioners
of sinking fund
to approve
agreement.
Proceedings to
acquire posses-
Sion of wharf
property, etc.
powered to acquire in like manner the title to such lands under
water and uplands as shall seem to said department necessary to be
taken for the improvement of the water front.
15
226 OFFICERS OF DOCK DEPAIRTMENT.
1871, ch. 574, §6,
as amendeſl
1872, ch. 738, $2,
Comp. 731.
Board to regul-
late rates ()
wharfage.
3 Rob. 2 #2 ; 13
IIow. 280 ; 33 N.
Y. 251.
Ratcs for canal
boats.
Wharves may
be set apart for
special kinds of
COIn IOCTC0.
1830, ch. 222, $1,
Comp. 1575.
§ 716. When any of the wharves, piers, bulkheads, slips, docks
and basins constructed under the provisions of this title relating
thereto shall be open to the public use, the department of docks
shall, subject to the provisions of law, regulate the charges for whar-
fage and dockage of all vessels admitted thereto, and may alter such
charges from time as the public trade may authorize and the said
department deem proper; provided that the rates of wharfage on
boats navigating the canals of the State shall not be increased
beyond the rates in force on April eighteenth, eighteen hundred
and seventy-one, except as hereinafter specially provided, and no
restriction of the amount of wharf and slip room occupied by them
shall be made ; and said department may appropriate any of such
wharves, piers, bulkheads, basins, or slips and such private wharves
and piers as the owners thereof may apply to have so designated
or appropriated to the sole use of special kinds of commerce or of
steamboats, or of any other class or description of ships or vessels,
and may 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.
Said department may, in the name and for the benefit of the corpo-
ration of said city, lease any or all of such property for a term
not exceeding ten years, and covenant for renewal or renewals, at
Leases, how
made.
38 N. Y.
Sup. 62.
1871, ch. 574, §0,
Comp. 731.
Rules for gov-
ernment and
care of property.
To fix penalties
for violations
thereof.
[[ow recovered.
advanced rents, of such leases for terms of ten years each, but not
exceeding in the aggregate fifty years. All leases other than for
districts appropriated by said department to special commercial
interests sliall be made at public auction to the highest bidder.
All leases made by said department shall contain covenants on the
part of the lessees to make all needful repairs upon or about the
property leased, and to maintain and keep in good condition the
property leased during the term of the lease, under the penalty of
forfeiture of such lease and damages; provided, that the said
department may, in its discretion, make leases containing covenants
that the lessees shall keep in good order and repair, at their own
expense, the planking, string pieces, and mooring-piles of said
wharves, piers, and bulkheads, reserving to said department of
docks the rebuilding and renewing of the under-structures thereof.
§ 717. The department of docks shall establish and enforce all
needful rules and regulations for the government and proper care
of all the property placed in its charge and under its control by the
provisions of this title relating thereto, and shall furnish a copy of
such rules and regulations to all the owners and occupants of such
property, and shall make all needful orders and adopt all resolutions
necessary to carry out the provisions of this title relating thereto
into effect, and fix penalties for disobeying such rules, regulations
or orders, and shall publish such orders. The violation of or dis-
obedience to any rule, regulation, or order of said department shall
be a misdemeanor, punishable by a fine not exceeding five hundred
dollars, or by imprisonment not exceeding thirty days, or by both
such fine and imprisonment, on complaint of said department. The
penalties aforesaid may be recovered by suit in the name of the
mayor, aldermen, and commonalty of the city of New York, and
such suit shall be prosecuted by the counsel to the said corpora-
tion when directed by the board ; and no defendant in any such
ANNUAL REPORT. 227
suit shall be permitted to plead ignorance of any such order, rule, or
regulation. All rents, fines, and penalties and other money col-
lected by said department or by its direction, shall belong to the
treasury of Said city, and be paid into the sinking fund for the
redemption of the city debt. Said board shall hold stated meet-
ings, to be specified in by-laws, which said board shall prepare and
may alter from time to time.
§ 718. The said department shall have power to furnish and
supply offices provided in accordance with law for the transaction
of the business of the department. The board of dock commis-
sioners shall appoint a secretary and such subordinate officers,
clerks, and agents, as shall be necessary to assist said board in the
performance of its duties and the exercise of its powers, and may
fix the compensation of all persons so appointed ; but the annual
expenses of said department, for rent, furniture, supplies, and com-
pensation of Secretary and subordinate officers, clerks, and agents,
shall not exceed in the aggregate the sum of one hundred thousand
dollars. The president of said board shall be elected annually by
the members thereof, and shall preside at all meetings of said
board, and in case of his absence a temporary president may be
elected by the board to preside. Any member may resign his office
by written resignation sent to the mayor of the city. When any
member of said board shall cease to reside in the city of New York
his office as a member of said board shall become vacant.
§ 719. The department of docks shall annually present to the
mayor of said city a report containing : 1. The name, occupation,
and compensation of all persons appointed and employed by said
department. 2. A statement of the action of the board for the past
year, classified with reference to the various subjects and duties
which have engaged the attention of the board. 3. A list of the
orders and rules made by said board, and a description of the con-
tracts made by said department, the payments made by said depart-
ment, and the purposes and amounts thereof, and the leases made
by said department, for what term, at what rent, to whom, and for
what property.
§ 720. The commissioners of the land office are hereby author-
ized to convey by proper instruments, in writing, necessary for the
purpose, all the property, right, title, and interest of the people of
the state of New York in and to the land under water used and
taken by the said department for the construction of wharves,
docks, piers, bulkheads, basins and slips under this title, whenever
said commissioners may be required by said department to make
such conveyance to the mayor, aldermen and commonalty of the
city of New York.
§ 721. It shall be lawful for the department of docks to order
and direct that the water near and adjoining any private wharf,
pier, dock, bulkhead, or land within the limits of the said city, be
deepelled 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 department may deem necessary and
proper.
§ 722. In all cases where the 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
Rents, fines,
Ctc., how dis-
posed of.
1871, ch. 574, §6,
Comp. 732.
Appointment of
8ecretary,
agents, clerks,
etc.
Annual ex-
penses.
President elect
ed annually.
1871, ch. 574, §6
Annual report
to mayor, what
to contain.
Id. §6, Sub. 10,
Comp. 733.
L'inds under
water owned by
State.
1835, ch. 122, $1,
C, mp. 1581.
Water may be
deepened.
1813, ch. 86,8230,
Comp. 1510.
Corp ration
may enlarge
slips.
228 BljLECHIEAD AND PIER TINE.
gº to do, and upon paying one-third of the expense of building the
IS. S. gºi. ' 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 the
outermost end of the said piers.
1871, ch. 574, §6, § 723. The provisions of this title relating to the department of
'...amoet docks, its powers and duties, shall not affect the powers of the
pºwers ºf gap, captain of the port and harbor masters of the port of New York, or
tain of port, etc. * - d J
those of the port wardens of the port of New York, as the same are
4. How, 24., defined by law, provided that the department of docks may remove
º or direct the removal of any vessel, raft or float from any place
...” where the same shall be moored or anchored, whenever they shall
deem such removal necessary for the convenient prosecution of any
work undertaken and being done by them. .
§ 724. The terms “property " and “wharf property,” whenever
used in this title, shall be taken to mean not only all wharves,
piers, docks, bulkheads, slips, and basins, but the land beneath the
same, and all rights, privileges, and easements thereto.
1876, ch. 505, $4, § 725. The department of docks shall, upon the requisition of
§º, sí, the department of public works, furnish free of charge in the
tº a vicinity of such location as shall be designated by the department
Čompº. " " of public works, accessible, convenient, and safe berths for mooring
the free floating baths, authorized by law, of which one shall be at
Seventeenth street and East river.
1822, ch. 101, § 726. It shall be lawful for the mayor, aldermen and com-
Comp. 1195. * g & ** * te gº &
Kºśy be monalty, in case they shall find it necessary, to cause public
erected. markets to be erected and kept over the waters of the East and
North rivers adjoining to any of their docks or wharves ; provided,
that such markets shall not interfere with the flow of the waters of
the said rivers, nor be built beyond the pier or bulkhead line
established by law.
1881, ch. 447, $1. § 727. The department of docks shall, upon the requisition of
#ºn the department of public works, furnish free of charge a suitable
lºſion for location in the Fifth ward whereat a public floating bath shall be
* permanently maintained and located, except when in winter
quarters, and which location shall afford an accessible, convenient,
and safe berth for mooring the said floating bath.
1881, ch. 357, $4, § 728. The department, bureau or city officer, authority or
§... authorities, which shall from time to time have the management
to be set apart r ſe ſº º g tº
for use of g and control of the public docks, piers and slips of the city, shall
artment of º & tº g
Hºng designate and set apart for the use of the commissioner of street
Leasing of piers, cleaning, suitable and sufficient slips, piers, and berths in slips,
etc. located as the said commissioner may require, and such as shall be
convenient and necessary for his use in executing the duty imposed
upon him, excepting slips, docks, and piers on the East river set
apart for the use of canal boats.
Proviso.
Title 2. — The Harbor and Waters.
1858, ch;300, $1, § 729. No grants of land under water shall be made by the
§§nd common council of the city of New York, or by any officer, board,
ºater tº or department thereof, beyond the exterior lines of the city, as fixed
§:#; by an act of the legislature passed April seventeenth, eighteen
ee 1857, ch. 763.
HARIBOR OBSTRUCTIONS. 229
hundred and fifty-seven, entitled “An act to establish bulkhead
and pier lines for the port of New York,” as amended by subsequent
acts, unless as expressly authorized by acts passed subsequent
thereto.
§ 730. The department of public parks may, if it deem it neces-
sary for the public interests, alter and amend any part or parts of
the pier and bulkhead lines in Spuyten Duyvil creek and the Harlem
river; and upon its filing in the office of the secretary of state a
map or maps showing any alterations or amendments that it has
made, the bulkhead lines so shown on such map shall become and
be the established pier and bulkhead lines.
§ 731. Except as in this chapter otherwise provided, it shall not
be lawful to erect any pier exterior to the bulkhead line established
by law which shall exceed seventy feet in width, with intervening
water spaces between such piers 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 sea wall established by
law.
§ 732. It shall not be lawful for any person to build, erect, or
maintain any pier, bulkhead, or other structure, or to fill in with
earth or other material, in the waters of the harbor of New York,
beyond the exterior line defined and recommended by the commis-
sioners for the preservation of the harbor of New York, and estab-
lished in and by chapter seven hundred and sixty-three of the ses-
sion laws of eighteen hundred and fifty-seven and the amendments
thereof; and in case of the building or erection 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, to remove
the same within a time to be prescribed and specified in their
notice ; and in cases of failure to comply with such notice, the said
board of commissioners of pilots shall have 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 encroachments shall have been removed, as
herein provided. This section shall not apply to piers or bulkheads
built before the establishment of said exterior line. Nothing in
this section contained shall apply to or affect any act of the legisla-
ture in relation to the bulkhead or pier limes of the barbor of New
York, passed subsequently to April twenty-seventh, eighteen hun-
dred and sixty.
§ 733. It shall be lawful for the proprietors of grants of land
under water in the Harlem river, between the termination of the
Third avenue and the East river, instead of building an exterior
continuous bulkhead, as laid out by the harbor commissioners, to
erect piers and wharves therein, and to excavate the slips between
the same ; but in no case shall any such pier or wharf be extended
into the river further than the said exterior line, as fixed by the said
harbor commissioners.
1868, ch. 888, $4,
Comp. 1548.
1871, ch. 534, §1,
Comp. 1019.
Bulkhead and
ier lines in
arlom river
Spuyten Duyvil
CTCCR.
1857, ch. 763, §2,
Comp. 1544.
1875, ch. 378,
§§2, 3.
Coup. 1567.
Piers and other
Structurds, erec-
tion of, beyond
exterior line
prohibited.
Notice to re-
In OVC.
Removal by
commissioners
of pilots.
73 N. Y. 393;
63 N. Y. 71; 26
N. Y. 2S7;
1 Hun. 10;
5 Rob. 285.
Subsequent acts
of the legisla-
ture not affected
1868, ch. 150, $1,
as amonded,
1872, ch. 487, §1.
Comp, 1548.
Proprietors of
land under
Watcr may erect
piers, etc.
230 FIATROIR OBSTRUCTIONS.
1876, ch. 188, isi,
* Comp. 1551.
Time Tur im-
proving lands
extended.
1860, ch. 522. §1,
Comp. 15%.
Port and har-
bor of New
York to be kept
clear of obstruc-
tion 8,
73 N. Y. 393 : 68
N. Y. 71 ; 7 IIºn,
105; 5 Rob. 285,
366, 20 N. Y.
287.
1857, ch. 671, $13.
Comp. 1597.
Fish poles.
1845, ch. 31, §§1,
2, Comp. 1605.
#rohibition
against netH.
Penalty.
1 R. S. ch. 20,
title 10, $16,
Comp. 160ſ.
Obstruction 8 at
and below New
York.
§ 734. The period of time fixed for the appropriation to the pur-
poses of commerce by the construction of a dock or docks, and
filling in the same, in all letters patent issued by the people of the
state of New York to the owners of the adjacent upland for lands
under water and between high and low water-mark in front of and
adjacent to the lands of the said owners of the adjacent upland on
the easterly shore of the Harlem river, is extended until two years.
after the time when plans for the improvement of said river shall
have been or shall be completed by the proper authorities, and
copies of such plans filed, one in the office of the register of the city
and county of New York, and one in the office of the secretary of
state at Albany.
§ 735. It shall not be lawful to obstruct or interrupt the naviga-
tion of the waters of the port and harbor of New York by any incum-
brance whatever; and in case of any such obstruction or interrup-
tion by reason of any sunken vessel or other thing, the board of
commissioners of pilots shall notify the owner 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 fall 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
mayor, aldermen and commonalty. Such expenses shall also be a
lien on the vessel or thing so removed until paid.
§ 736. It shall not be lawful except in cases now provided by
law, for any person to erect or drive in the soil under water in the
harbor of New York, any poles for the purposes of fishing, where
the water is of greater depth than six feet in 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 board of commissioners of pilots to cause the same to be
removed.
§ 737. No person shall fish with seines or any sort of nets, or
set draws, or raise any seine or net in any part of the channel of
the Hudson river north of Castle Garden in the city of New York,
between the hours of six o'clock in the evening and six o'clock in
the morning. Every person who shall violate any provision of this
section shall be guilty of a misdemeanor, and shall be punished, on
conviction, by imprisonment in a county jail not less than thirty
days, or by a fine not less than twenty-five dollars, in the discretion
of the court.
§ 738. No person shall set or place, or cause to be set or placed,
during the months of March, April, or May in any year in any of
the waters of this state at or below the city of New York, any file-
net, gill-net, hoop-net, set-net, or any other net or weir, by means
of any hedge, stake, stone, post, pole, anchor or any other fixture
to extend into the channel of said waters, or to any greater distance
from the shore, in any case, than twenty rods from the ordinary low-
water mark. Whoever shall violate the provisions of this section
HARBOR OBSTRUCTIONS. , 231
shall, for every offense, forfeit the sum of one hundred and fifty
dollars for the use of the poor of the county in which such offense
shall be committed, to be sued for in the name of the people by the
district attorney of any county bordering on the waters on which
the offense shall have been committed, to whom notice shall first be
given of the commission of such offense.
§ 739. It shall not be lawful for any person to set or use, for the
purpose of taking or capturing fish, a filte or set-net, or other net,
in the waters of the Harlem river, or of the East river, or the adja-
cent waters, or of the confluent brooks within five miles, in any
direction from the Middle Gate, so-called, in said East river, or in
any of the adjacent waters or confluent brooks of the main shore
and located between the said Middle Gate and Fort Schuyler so far
as the same are within the county of New York. Any person violat-
ing the provisions of this section shall be deemed guilty of a
misdemeanor, and shall, on conviction, be subject to a fine of not
less than twenty-five dollars or more than one hundred dollars,
or imprisonment for not less than ten days or more than thirty
days.
§ 740. It shall be unlawful for any person or persons, by means
of any boats, Scows, or vessels, or in any other manner whatever,
to cast, throw, dump, or deposit any mud, earth, soil, ashes, refuse,
stone, rock, or other solid substance or materials, into the waters
of the North or Hudson river within the city of New York, or to
place, construct, or build any contrivance, substance, or thing what-
ever, within said waters which shall or may operate in any manner
whatever to lessen or decrease the depth of such waters, or in any
manner whatever interfere with navigation therein, or imperil or
jeopardize the free and safe navigation thereof, or tend in any man-
ner thereto.
§ 741. It shall be lawful for the commissioner of street cleaning
to cause to be dumped, or authorize to be dumped, snow and ice
from the ends, or near the ends, of any piers, into the waters of the
East and North or Hudson rivers. But no dead animals, carrion,
Street sweepings, garbage, or any putrid, offensive, decaying, or
refuse vegetable or animal matter shall be deposited in violation of
Sections seven hundred and forty-nine, and seven hundred and fifty.
§ 742. Any person designedly doing any act forbidden by the
provisions of the last section but one shall be deemed guilty of a
misdemeanor and liable to imprisonment for a term of not more
than sixty days, or to a fine of not more than one hundred dollars,
or both, in the discretion of the court, for each and every offense,
and may be arrested by the authorities of said county. The courts
in said county shall have power and jurisdiction to try such offender
or offenders. Any marshal, policeman, or sheriff, under or deputy
sheriff, or alderman of the city, finding or seeing any person or per-
Sons offending against the provisions of the said section may and
it is hereby declared to be his duty to arrest, without warrant, such
person or persons so offending, and them to take before the nearest
magistrate to be dealt with for such offense according to law. Any
person offending against the provisions of the said section shall
also forfeit and pay a penalty of fifty dollars for each offense, to be
recovered by suit or action at law in any court having jurisdiction.
Such action may be brought in the name of the mayor, aldermen,
1872, ch. 436,951,
2, as amend, d,
1877, Ch. 398,
Comp. 1605.
Taking of fish
in Hallem river
and other
WaterH.
Penalty
1876, ch. 376, §1,
Comp. 1600,
16)1.
Dumping in
river prohibited.
1880, ch. 367, §10,
Snow anºl ice
may be dumped
fr, m ends of
piers.
1876, ch. 876, §§2,
3, Comp. 1600,
1601.
Penalty.
Further penalty.
232 HARROR OBSTIRUCTIONS.
1876, ch. 376, §4,
Comp. 1601,
as amendeſl,
1880, ch, 245, $1.
Act not to apply
to filling in of
land under
water granted
by state, etc.
Nor to sweep-
ing, washing,
etc.. of boats,
etc.
Nor to hauling
Of fire from
furnace grate.
Nor to setting
of shad-poles,
etc.
Nor to Waste
matter on canal
boats.
1876, ch. 376, §5,
Comp. 1602.
Steamboats
towing mud-
, Scows.
Id. $6.
Compromising
violation a mis-
demeanor.
1857, ch. 671, §1,
as amended,
1872, ch. 400, $1,
1875, ch. 148, $1,
Comp. 1593.
Cinders or ashes
not to be thrown
into wators of
%. of New
...York.
"4 Daly, 353; 5
I)aly. 391 ;
Penalty.
and commonalty, and the sum of money recovered in such action
shall be for the benefit of the poor of said county.
§ 743. The sections seven hundred and forty and seven hundred
and forty-two shall not apply to the depositing of substances upon
the building of wharves or piers upon, or the filling in of land under
water, granted by the people of the state of New York to any per-
son or persons, provided a permanent and substantial bulkhead be
first properly and securely built, inclosing the whole area of any
such pier or wharf proposed to be so built or constructed ; nor shall
such sections apply to the sweeping, washing, or cleaning from the
decks of the canal boats, freight, passenger, or pleasure boats, or
vessels, of such dirt only as collects naturally thereon from the use
thereof by human beings using the same for transportation or
pleasure, nor the hauling of fire from the furnace grate of any
steamboat having staterooms above the main deck, provided no
coal or ashes shall be dumped from the ash-box of said steamboat;
nor to the setting of shad-poles in the shad season, nor to the use
of any other devices or contrivances for the purpose of fishing in
any season of the year, but no such setting of shad-poles or devices
for fishing shall be allowed below the northerly line established by
the harbor commissioners of the city of New York; nor shall such
section apply to throwing overboard the refuse and waste matter
which ordinarily accumulates in and about canal boats engaged in
the transportation of goods and merchandise. But this section
shall not be construed to authorize the throwing in said water of
food, or any contrivance or device in which food may be kept,
carried, or preserved.
§ 744. In case any mud-scow from which mud, earth, soil, ashes,
refuse, stone, rock, or other solid substance shall be cast, thrown,
dumped or deposited as specified in section seven hundred and
forty, shall be towed by a steamboat or tug to the point at which
such substance shall be thrown, dropped, cast, dumped, or deposited,
the master of such steamboat or tug, and the contractor using the
same, shall be jointly and severally liable to a penalty of two hun-
dred dollars for each and every such offense, recoverable in an
action by said mayor, aldermen, and commonalty, in any court
having jurisdiction of an action for penalties not exceeding two
hundred dollars, for the benefit of the poor of said county.
§ 745. Any person who shall accept any money or other valua-
ble thing by way of compromise for the violation of any of the
provisions of sections seven hundred and forty or seven hundred
and forty-four, without the approval of the court, shall be deemed
guilty of a misdemeanor.
§ 746. It shall not be lawful to throw, or cause to be thrown
into the waters of the port of New York, within the city and county
of New York, or at any point opposite to or adjacent to the shores
of the city and county of New York, on the Hudson river, or below
Throg's Point, on the East river, nor in the bay inside of Sandy
Hook, any cinders or ashes from any steamboat, under the penalty
of one hundred dollars for each and every offense, recoverable by
the board of commissioners of pilots, and for such penalty the
steamboat from which such cinders or ashes were thrown, its master
and owner, shall be liable ; and such offense is hereby made a mis-
demeanor, and every person committing such offense may, upon
HARBOR OBSTRUCTIONS. 233
being found guilty thereof, be punished therefor by a fine not
exceeding one hundred dollars, or by imprisonment for sixty days,
or by both, at the discretion of the court, upon the complaint of
said commissioners, their agent, or any other person ; and an
steamboat having any pipe or opening so constructed below the
water-line as to admit of putting ashes or cinders through the same
into the water, shall be liable to a fine of fifty dollars for each and
every day such pipe or opening shall exist, to be recoverable by the
said commissioners in an action against the owners of such steam-
boat. It shall be lawful for either of said commissioners of pilots,
or the agent of said board of commissioners of pilots, at any time
in the day time, to go on board of and examine any steamboat in the
harbor of New York, for the purpose of ascertaining whether any
such pipe or opening exists on such steamboats.
§ 747. The various scows employed by the city of New York, or
by the contractors, for removing the ashes, garbage, and refuse of
said city, while moored at the various dumping-boards of said city,
are hereby designated and required to receive directly any and all
ashes, garbage, or rubbish from any steam tug or steam vessel in
the harbor of New York, and in addition to the foregoing provisions,
two or more scows shall be located at one or more of the said
dumping-boards on the East and North rivers respectively, or at
such other points as the commissioners of pilots may direct, for the
special use of boats and vessels wishing to discharge ashes, garbage,
or rubbish ; and the ashes, garbage, and rubbish received by all the
said scows shall be disposed of as part of the refuse of and at the
expense of the said city.
§ 748. When any slip, basin, or shoal in the port of New 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 materials so dredged, to be towed to sea at a point at least
three miles outside of Sandy Hook, or deposited at some place
above high-water mark, or to be deposited behind a bulkhead for
filling, and any person willfully violating the provisions of this
section shall forfeit and pay to the board of commissioners of pilots
the sum of five dollars for every cubic yard removed, not so dis-
posed of, one-half of which shall be retained by the commissioners.
§ 749. No street sweeping, dredging from slip or other places,
earth, dirt, stone ballast from vessels, ashes, swill, garbage, dead
animals or portions thereof, decayed or other vegetables or fruits,
bedding or refuse, or rubbish of any kind, or any articles, shall be
dumped or deposited in the waters of the port of New York, or in the
rivers or waters adjoining the city of New York, or in the waters of
New York harbor, or new York bay, or in the Hudson river, the
East river, Long Island sound, and waters adjacent thereto west of
the middle ground shoal, or in the navigable waters lying between
the said sound and the East river, nor in the waters bounding or
adjoining the port or harbor of New York, or the upper bay; nor
shall any article or thing that is liable to convey disease, or is
putrid, unwholesome, noxious, or dangerous to the public health,
or dangerous to navigation, be cast, thrown, placed, deposited, or
suffered or permitted to become in said waters, or placed or suffered
to be placed where said water would ordinarily or naturally rise
upon, take or receive them, excepting, however, the ordinarv dis-
Examination of
Steamboats.
1875, ch. 148, §3,
Comp. 1603.
Scows to receive
a8.hcs, garbage,
etc., from steam
vessels.
1867, ch. 671, §7,
as almended,
1876, ch. 414, $1,
Comp. 1595.
Mud, sand, etc.,
how disposed of.
Penalty.
1881, ch. 346, §§1,
2, 3, 4.
y
Street sweep-
ings, etc., not to
be dumped in
waters of port of
New York, etc.
Substances dan-
gerous to health
not to be cast in
WaterS.
234 HARBOR OBSTRUCTIONS.
Nor to apply to
Construction of
piers, etc.
Violation of this
act a misde-
IOle&T1OI".
*
Pilots, etc., may
Inake arrests.
1880, ch. 463, §2.
Not lawful to
sail any boat
containing any
dead animal for
purpose of cast-
ing same into
ocean without
permit.
1845, ch. 201, $1,
Comp. 603.
Refuse from gas
works.
Offenders guilty
of a migde-
IIM CàIl C))f.
charge of sewers constructed under the authority of the laws of the
state within which they are located. The above provisions shall
apply to lands under the waters as well as to the latter. This sec-
tion shall not apply to the erection or construction of any pier,
dock, bulkhead, or the making, by filling in, in a proper manner,
of any land, in case where the erection of such piers, docks, or
bulkheads, or making, by filling in, of land is now authorized by
the laws of the state. The prohibition to dump solid material in
said port, harbor, or rivers, or to make and construct works to
change and improve channels shall not apply to works undertaken
by the government of the United States in the port and harbor of
the city of New York, or authorized by the laws of the state of New
York. The violation of any of the provisions of this section shall
be deemed a misdemeanor, and the person so violating the same
shall, upon conviction, be punished by the infliction of a fine of not
less than fifty, or more than one thousand dollars for each offense,
or by imprisonment as is now provided in the case of misdemeanors
or both. Any pilot, shore inspector, harbor master or port warden
of the port of New York, the police of the cities of New York and
Brooklyn, or any city marshal or constable within the said district,
and upon the waters mentioned in this section, shall have power
to arrest all persons and to deliver into custody any person or per-
sons taken in the act of violating any of the provisions of this
section.
§ 750. It shall not be lawful for any person or persons to sail,
navigate, or move, or to aid, direct, or assist in Sailing, navigating,
or moving, or to be employed upon, or to accompany any boat or
vessel containing any such animal or material as is named in the
preceding section, through or upon the waters of that part of New
York bay known as the narrows and lying between Forts Wads-
worth and Hamilton, or any part of said bay south of said Narrows,
with the intent or for the purpose of throwing or casting such ani-
mal or material, or any portion thereof, into the ocean or sea, or in
any portion of the waters mentioned in the last preceding section,
without a permit, in writing, first obtained therefor from the
inspector appointed or to be appointed under chapter six hundred
and four of the laws of eighteen hundred and seventy-five, and the
amendments thereof, who shall have the power of granting such
permits from time to time as he shall deem proper, and which shall
not be inconsistent with the last preceding section, and having such
regard to the course and condition of the then existing winds and
tides as in his judgment shall best tend to prevent the subsequent
return or deposit of any such contents of said boat or vessel within
the waters of this state, if cast upon the waters beyond the juris-
diction thereof.
§ 751. It shall not be lawful for the manufacturers of gas, nor
for any other person, to throw or deposit any gas-tar or refuse of
the gas-houses or factories in the county of New York, into any
public waters, river, or stream, nor into any sewer or stream run-
ning or emptying into any such public waters, river or stream; and
whoever shall offend against the provisions of this section shall be
deemed guilty of a misdemeanor. -
§ 752. It shall not be lawful for any person or persons to sail,
navigate, or move, or to aid, direct, or assist in sailing, navigating,
I,IGHTS ON WESSELS. 235
or moving, or to be employed upon or to accompany any boat or
vessel engaged in the transportation of any dead animal, carrion,
offal, or any putrid, offensive refuse, decaying or decayed vegetable
or animal matter, or any garbage or sweepings taken from the streets
of any city, upon the waters referred to in the last section but one,
unless the same be propelled or moved by steam power ; and it shall
not be lawful for any steam vessel to tow or carry any of the arti-
cles mentioned in this section, unless its name be plainly painted
on each side.
§ 753. Any person offending against the provisions of sections
seven hundred and fifty and seven hundred and fifty-two shall be
deemed guilty of a misdemeanor, and liable to imprisonment for a
term of not less than six months and to a fine of not less than five
hundred dollars, in the discretion of the court, for each and every
offense, and may be arrested by the authorities of either of the
counties of New York, Kings, Queens, Westchester or Richmond.
The courts in said counties respectively shall have power and juris-
diction to try said offenders, whether the offense be committed
within their respective counties or not. Out of any moneys
received for fines, such sum or sums shall be allowed and paid for
the expenses and disbursements attending the arrest, as the court
or magistrate may deem reasonable and proper.
§ 754. Consent has been given and the United States is author-
ized to lay and use water and gas pipes and telegraph lines under
Buttermilk channel, from the city of Brooklyn to Governor's island
in New York harbor. Any person who shall willfully do, or cause
to be done, any act or acts whereby any of said gas or water pipes,
or telegraph lines, or the materials thereof or any matter or thing
appertaining to the same, shall be stopped, obstructed, impaired,
weakened, injured or destroyed, shall, on conviction thereof, be
deemed guilty of a misdemeanor, and be punished by a fine not
exceeding five hundred dollars, or imprisonment in the county jail
not exceeding one year, or both, at the discretion of the court
before which the conviction shall be had. Any master or other
person in charge or command of any ship, boat, or vessel, who
shall, after notice, come to anchor over said lines or pipes, or in
the neighborhood thereof, and thereby injure or molest them, or
shall not quit such anchorage on notice, or shall knowingly place
any drag or net over said pipes or lines, so as to interfere with
them, shall be deemed guilty of a misdemeanor, and punished as
herein provided. Such notice of the general location of said pipes
and lines may be either oral or by a sign conspicuously placed,
either at the Brooklyn or Governor's island termination of said
pipes and lines.
§ 755. Whenever any vessel navigating that part of the Hudson
river which is north of the Battery, or navigating the harbor of
New York, embracing the bay as far as the village of Castleton, on
Staten island, and thence up the East river as far as the south
point of Blackwell's island shall be at anchor in the night time,
the master of such vessel shall cause her peak to be lowered, and
shall cause a good and sufficient light to be shown in some part of
her rigging, at least twenty feet above her deck, and from her taff-
rail, under the penalty of fifty dollars, to be sued for and recovered
against the master of such vessel, by the commissioners of charities
1880, ch, 461, $6.
As to refuge
m3tter from
8treCfS.
1875, ch. 604, $4,
Comp. 1598. -
Misdemeanor
and punishment
thereof.
What courts
have jurisdic-
tion.
1879, ch.323, §§1,
2, 3, Comp. 1611.
Penalty for will-
ful injury, etc.
Anchorage of
vessels. or plac-
ing drags or nets
OWer.
Notice of loca-
tion.
1 R. S. ch. 20,
title 10, $12,
Comp. 1590.
Vessels to show
light in night
time,
1829, ch. 214,
Comp. 1591.
| R. S. ch. 20,
title 10, $12, .
Comp. 1590.
236 NAVIGATION DURING FOG.
, When owners of
vessels liable
for.
1839, ch. 349,
Comp. 1501.
Damages.
1857, ch. 671, §12,
Comp. 1596.
Buoys and
beacons.
1848. ch. 321, §§1,
2, Comp. 1592.
Boats to run in
the centre of the
river.
* Speed.
1858, ch. 261, $5,
Comp. 1680.
Penalty.
1878, ch. 378, §§1,
2, Comp. 1592.
1°rovision as to
navigation dur-
ing fog.
Signals during a
fog.
Movements
limited.
1878, ch. 378, §3,
Comp. 1592.
Crossing line of
ferry,
and correction. And in case such penalty cannot be collected from
the master, the owners of such vessel shall be liable therefor, in
the same manner as if they were sureties of such master. In
addition to the foregoing penalty, it shall not be lawful for the
master or owner of any vessel offending against the provisions of
the said section to recover damages for any injuries such vessel
may sustain in consequence of any collision growing out of a non-
compliance with the provisions of this section.
§ 756. Any person mooring any vessel to any of the buoys or
beacons placed in the harbor of New York by the United States
light-house 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 pilots 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.
§ 757. All the steamboats passing up and down the East 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 pro-
pelled at a greater rate of speed than eight miles an hour below
Corlears Hook, or ten miles an hour above Corlears Hook. The
master, pilot, or engineer of any steamboat violating either of the
provisions of this 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
Section nine, title ten, chapter twenty of the first part of the
Revised Statutes, to be sued for and applied as therein directed.
§ 758. It shall not be lawful for any steamship, vessel, ferry
boat, steamboat, or other water craft of what name or description
soever, to use the waters in and adjacent to the port and the harbor
of the city of New York, and within the jurisdiction of the state of
New York, for any of the purposes of navigation during and at the
time of the existence of a fog thereon, rendering such navigation
hazardous, and requiring care to prevent collisions and other
accidents incident to navigation, unless such steamship, vessel,
ferry boat, steamboat, or other water craft shall, through the owner
or owners, pilot, master, or other person in charge thereof, comply
with the following requirements : It shall be the duty of the owner,
master, pilot, or other person in charge of any such steamship,
vessel, ferry boat, steamboat, or other water craft, if, and while
moving in said waters during the existence of any such fog, in the
day or night time, to use a fog horn, steam whistle, bell, electrical
light, or other cautionary light or signal, and to blow said horn or
whistle, and ring said bell continuously while said steamship,
vessel, ferry boat, steamboat, or other craft is or may be in motion;
and such movements only shall be had by either such steamship,
vessel, ferry boat, steamboat, or other water craft within the limit,
time, and in the manner in the next section provided.
§ 759. It shall not be lawful for any steamship, vessel, ferry
boat, steamboat, or other water craft to navigate the said waters
NAVIGATION IN 'I'FIF FIARBOIR. 237
during the existence of a fog thereon, as fully expressed in the last
section, to cross the line of any ferry now or hereafter maintained
to and from the city of New York, without slowing, and, in case of
extreme danger, coming to anchor before so doing; and such cross-
ing shall not then be had directly, but shall be made laterally to
the course of said ferry; and the speed of such steamship, vessel,
ferry boat, steamboat, or other water craft in motion at such time
shall not exceed four miles per hour.
§ 760. Any violation of the provisions of the two preceding
sections shall be chargeable directly upon the owner, master, pilot,
or person in charge of any such steamship, vessel, ferry boat,
steamboat, or other water craft, and any such owner, master, pilot,
or other person in charge of any such steamship, vessel, ferry boat,
steamboat, or other water craft, offending against or violating any
of the provisions of such sections, shall be deemed guilty of a
misdemeanor, and, upon conviction, punishable by a fine not ex-
ceeding two hundred and fifty dollars, or imprisonment not exceed-
ing one year, or by both such fine and imprisonment.
§ 761. The port and harbor of New York shall, for the purposes
of the three preceding sections, be deemed and held to extend to
and cover the waters of New York bay to and including quarantine,
East river and Harlem river to Harlem bridge, and the waters of
Long Island sound to Flushing bay; the North or Hudson river to
the city of Yonkers, and the Kill Won Kull to Shuter's island,
so far as the same are within the jurisdiction of the state of New
York.
§ 762. When a steamboat shall be employed for making an
excursion of pleasure from the city of New York, on the sound or
on the Hudson river, it shall be the duty of the master of such
boat to require of each male person who takes 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 steamboats, 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. For a neglect by the master to comply
with the direction, in this section 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 cogni-
Zance of the offense, by any person aggrieved in the matter, the
one-half of which penalty, when recovered, to be paid to the plain-
tiff in such suit, and the other half to the overseers of the poor of
the town in which the person aggrieved shall reside.
§ 763. Each and every person engaged in such excursion, 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
Speed of vessels.
Id $4.
I’enalty
Id. $5,
Extent of port
and hat bor of
New York.
1855, ch. 556, §§1
2, Comp 1608.
Regulations re-
*pecting em
ployment of
vessels for ex
cursions.
Penalty.
Id. §3.
Penalty for tres-
passing.
238 OYSTER BEDS,
1857, ch. 617, $14,
Comp, 1597.
Lighters.
1862, ch. 265, §§1,
2, Comp. 1603.
License re-
quired for
ballast lighters.
Who may grant
license.
Id. $3.
Fee8.
1851, ch, 478, §1,
2, Comp, ſ6.J9,
Prohibition.
Penalty.
Id. $3.
Private oyster
beds,
gardens, and help himself to fruit or whatever may seem desirable,
without previous leave obtained, shall, in addition to an indictment
for the trespass, and to a personal 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.
§ 764. It shall be the duty of the owner or owners of 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 board of commissioners of pilots 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 dol-
lars.
§ 765. No boat, lighter, or vessel shall be employed in the bus-
iness of carrying ballast in the port of New York, unless licensed
for that purpose under the provisions of this section ; and any
person using or employing any boat, lighter, or vessel for the pur-
pose of carrying ballast in the port of New York, not duly licensed
as in and by this section provided, or of which the license shall
have expired, shall pay a fine of twenty-five dollars 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. The captain of the port of New York
shall have power to license such boats, lighters, or vessels as he
shall, after inspection by him or under his direction, deem suitable
for the purpose of carrying and discharging ballast, such license
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
€3,12.
y § 766. The sum of ten dollars shall be paid to the said captain
of the port of New York for every license issued under the last
section, and the sum of five dollars for every renewal thereof. All
license fees, fines, and penalties collected under the last section
shall be 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.
§ 767. It shall not be lawful for any person to take oysters from
the Harlem river, in the county of New York, in any way or man-
ner during the months of June, July, or August in any year. Every
person who shall offend against the provisions of this section 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 of the justices of the district courts, 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 be recovered and
received under this section shall be paid into the treasury of the
city, and the other half shall be for the use of the person who may
sue for the same. N.
§ 768. Any owner or lessee of the lands adjoining the waters of
the Harlem river may have the privilege of planting oysters in said
FINES AND PENALTIES. 239
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 representa-
tive shall take up oysters on the ground thus designated by said
sign, under a penalty of fifty dollars for each offense, and shall for-
feit, 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 the last preceding sec-
tion.
§ 769. Any marshal, upon summary process, to be issued by
any justice of a district court, 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 the two preceding
sections; and such marshal shall make return thereof and hold the
same in like manner as upon all attachments issued by district court
justices.
§ 770. Persons prosecuted under the three preceding sections
may be arrested and held to bail in the same manner as upon
warrants issued by justices of the peace ; and whenever a recovery
shall be had for any violation of the provisions of any of such sec-
tions, execution shall be issued thereon immediately. The said
justice shall indorse upon such execution the cause for which such
judgment was rendered ; and in case no goods or chattels can be
found to satisfy such execution, the marshal having the same shall
commit such defendant to the jail of the county, and shall deliver
to the keeper thereof a certified copy of such execution and indorse-
ment; by virtue of which such keeper shall detain such defendant
for a period not exceeding sixty days, without allowing him the
benefit of the liberties of such jail.
§ 771. All fines and penalties incurred and recovered under sec-
tions seven hundred and thirty-six, seven hundred and forty-six,
seven hundred and forty-eight, seven hundred and fifty-six, seven
hundred and sixty-four, and seven hundred and seventy-seven to
seven hundred and eighty-three inclusive, shall be paid, except as
otherwise provided in this title, into the treasury of this state, and
the treasurer shall keep account of the same. All the fines and
penalties incurred under such section shall be recoverable by and in
the name of the commissioners of pilots. In all cases where the
fines and penalties prescribed by them are made liens upon prop-
erty, 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 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 such sections. For the purposes
of said sections, all piers and bulkheads shall be deemed and taken
º extending into the adjoining streets in the rear thereof, a distance
of six feet.
Id. §4.
Arrest and
prosecution of
offenders.
Id. $5.
Arrest, how
made, and ex-
ecutions, how
issued.
1857, ch. 671, $17,
as amended.
18.8, ch. 226, §7.
1863, ch. 412, $2,
Comp. 1597.
Fines and penal
tie B.
1857, ch. 671, $18,
a8 amended,
1858, ch. 257, $7.
1863, ch. 412, $2,
Comp. 1597.
Fine and penal-
ties.
240 PIERS AND OBSTRUCTIONS THEIREON.
1875, ch. 249, §§1,
2, Comp. 1581.
Sheds 1 or pro-
tection of
property upon
pier8 or bulk-
ºd. erection
OI.
Sheds already
erected declared
lawful.
Owner or lessee,
rights of.
Id. §3.
Free public use
of wharf, pier,
or bulkhead in
East river, not
to be interfered
with.
Id. §4.
Storchouses,
booths, or 8bops
not to be erected
on any pier.
1857, ch. 256, §1,
Comp. 1582.
Powers of cap-
tain of the port,
or harbor mas-
ter.
Title 3.—Piers, Slips and Wharfage.
§ 772. Whenever any person, company, or corporation, engaged
in the business of steam transportation, shall be the owner or lessee
of any pier or bulkhead in the city of New York, and shall use and
employ the same for the purpose of regularly receiving and dis-
charging cargo thereat, it shall be lawful for such owner or for such
lessee, with the consent of the lessor, to erect and maintain, upon
such pier or bulkhead, sheds for the protection of property so
received or discharged ; provided they shall have obtained from the
department of docks, in said city, a license or authority to erect or
maintain the same, and subject to the conditions and restrictions
contained in such license or authority. All sheds or structures
erected or maintained upon any wharf or pier in the city of New York,
under any license or permit granted by the department of docks in
said city, are declared to be lawful structures, subject to the terms
and conditions of the license or permit authorizing the same.
Such sheds shall be constructed subject to the regulations and
under the authority of the superintendent of buildings and the
department of docks. Any such owner or lessee of a pier, or of a
pier and bulkhead, or of a part thereof in respect to which the
department of docks shall have granted the license or authority
herein specified, shall be entitled to the use of the premises so
owned or leased by them, and no vessel shall be placed in any berth
on such pier or bulkhead, or part thereof, without the consent of
such owner or lessee, during th. continuance of such license.
§ 773. It shall not be lawful to interfere with the free public use
as now enjoyed, or except as in this act otherwise specially pro-
vided, to permit the use as a dumping ground, of any wharf, pier,
or slip, or bulkhead adjacent thereto in the navigable waters of the
East river in the city of New York, which has heretofore been used
for the loading and discharging of sailing vessels regularly employed
in foreign commerce, and having a draft of more than eighteen feet
of water, and the provisions of the preceding section shall not
apply to any such wharf, pier, or slip ; provided, however, that
nothing in this section contained shall apply to any wharf, pier,
slip, or bulkhead covered by any shed permitted by said depart-
ment of docks, existing on May sixth, eighteen hundred and seventy-
five, or reserved for a special use by any law then in force.
§ 774. Nothing in the two preceding sections contained shall be
tonstrued to authorize the erection or maintenance on any pier of
any storehouses, booths, shops, or other structures than the sheds
mentioned in the last section but one, with the proper doors and
gates appertaining thereto, nor to impair any powers conferred upon
the department of docks, except as provided by said section.
§ 775. Whenever any pier, wharf, or bulkhead in the city of New
York shall be incumbered or obstructed in its free use by merchan-
dise, or by any material not affixed to such pier, wharf, or bulkhead,
the captain of the port or any of the harbor masters under his
direction, is hereby authorized and directed to require the owner,
consignee, or person in charge of such merchandise or material, to
remove the same without any unnecessary delay ; and the said
captain of the port shall have power, from time to time, to make
|UNCLAIMED MERCHANDISE ON PIERS. 241
such general rules and regulations, and give such directions, as will
secure dispatch in loading and unloading vessels, and the prompt
removal of the same from the piers as soon as their cargoes shall
be discharged or the loading of the same shall be completed, and
also such as shall be necessary to prevent any unnecessary accumu-
lation of freight or merchandise upon any pier or wharf while any
vessel shall be engaged in receiving or discharging her cargo ; pro-
vided, however, that the power hereinbefore conferred shall not be
exercised in reference to any obstruction or incumbrance upon any
pier or wharf occupied by any regular line of steamboats or steam-
ships, or by any railroad company, except upon the written request
of the occupant or lessee of such pier or wharf.
§ 776. Whenever the captain of the port, or any harbor master,
shall make any order or give any direction in pursuance of the
power conferred by the last preceding section, it shall be the duty
of the owner, consignee, or person in charge of the merchandise,
property, or vessel in reference to which such order or direction is
given, to comply with the same without any unreasonable delay, or,
in default thereof, the said captain of the port, or any of the harbor
masters under his direction, may employ such laborers and assist-
ance as may be necessary to carry out such order or direction, by
the removal of the material, merchandise, or vessel in reference to
which the same was given; and all expenses actually and neces-
sarily incurred in effecting such removal shall be paid by the owner,
consignee Or person in charge of the material, merchandise, or
vessel so removed, and the amount thereof shall be a lien upon the
same in favor of the captain of the port, and may be enforced in the
same manner and by the same proceedings as liens on vessels are
enforced by warrant of attachment, under and pursuant to the pro-
visions of the act entitled “An act to provide for the collection of
demands against ships and vessels,” passed April twenty-fourth,
eighteen hundred and sixty-two, and all the provisions of said act,
so far as the same can be made applicable, shall apply to the liens
hereby created ; and the said captain of the port shall, for the pur-
poses of this section, be deemed a creditor of said owner, consignee,
or person in charge, and each of them, for the amount of the ex-
penses so incurred, and may have and maintain an action against
them, or either of them, to recover the same.
§ 777. Whenever any pier or bulkhead in the port of New York
shall be incumbered, 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 without authority of law, it
shall be the duty of the commissioners of pilots 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 incumbering 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
Id. $2.
Provision
against delays.
Expenses to be
paid by Owner.
1857, ch. 671, $8,
as amended,
1858, ch. 226, §5,
Comp. 1595.
5 Rob. 366; 23
Hun, 346.
16
242 OBSTRUCTION OF PIERS.
1867, ch. 256, $9,
Comp. 1582.
Removal and
Storing of mer-
chandise.
Id. §10.
Advertising of
unclaimed mer-
chandise.
1857, ch. 671, $3,
as amended,
1858, ch. 226,
Comp. 1594.
#: 1876, ch. 376,
Id. §4.
Dumpin
Stones, etc.
Id. 5,
as amended,
1858, ch. 226, $3.
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.
§ 778. Whenever merchandise discharged from a vessel and
incumbering a bulkhead or pier, in the port of New York, shall not,
in the judgment of the said commissioners, be of sufficient 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.
§ 779. At the expiration of every six months it shall be the duty
of the said commissioners to advertise, for One week in three or
more daily papers in the city of New York and Brooklyn, the mer-
chandise which they have stored and which has remained unclaimed,
setting forth the marks and numbers of each package, the descrip-
tion of the merchandise, the pier whence such merchandise was
removed, and the date of such removal, and if any of such merchan-
dise 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.
§ 780. It shall not be lawful for any person to throw any
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
board of commissioners of pilots 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.
§ 781. Every person willfully throwing or putting any stones,
earth, shavings, night-soil, dirt, or rubbish into any dock or slip,
in the port of New York, or on any public pier or bulkhead in said
port, shall forfeit and pay to the said 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 law-
fully entitled to the occupation of such docks, slips, or piers.
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.
§ 782. 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
alongside each other, to or from which such ballast or other loose
REPAIRS OF PIERS, ETC. 243
materials 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 bulk-
head, 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
said 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.
§ 783. It shall not be lawful to throw iron, lead, or any 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 pro-
tection to the planking of such pier, under the penalty of five dollars
for each offense, to be paid to the said 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 anchor or blocks of stone, other-
wise 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 occu-
pation of such pier.
§ 784. The board of commissioners of pilots, organized under
the 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 twenty-eighth, eighteen hundred and fifty-three, are
authorized to require the owner or owners of any pier, wharf, or
bulkhead, in the city of New York, to keep the same free 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
1857, ch. 671, $6,
Comp. 1594,
as amended
1858, ch. 226, §4.
1860, ch. 254, §4,
Comp. 1585.
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 required, 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.
§ 785. The notice required in the last preceding section to be
given to the owners of wharves or piers by the board of pilot com-
missioners, 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 wharf-
age of the wharf, pier or bulkhead, in respect to which the notice
ls given.
§ 786. Piers numbers ten, eleven, and the west side of pier
number twelve, East river, inclusive, shall continue to be set apart,
kept and reserved for the use and accommodation of the regular
packet lines of sailing vessels, propellers, and barges, which on
April thirteenth, eighteen hundred and fifty-seven, occupied berths
on piers nine, ten, eleven, and west side of pier twelve, and running
to and from the following ports, to wit: Boston, Massachusetts;
Portsmouth New Hampshire; Philadelphia, via the Delaware and
Id. $5.
Notice, how
given.
1847, ch. 367, §§1,
2, Comp, 1576.
244 PENAILTY EOR RESISTING. HARBOR MASTER.
Raritan Canal; Wilmington, North Carolina; Savannah, Georgia;
Charleston, South Carolina; Apalachicola, Florida; Mobile, Ala-
ºf harbor bama; New Orleans, Louisiana; and Matagorda, Texas. It shall
& be the duty of the harbor masters or other 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, from entering any of
the slips, or approaching or lying at any of the wharves between
the piers named in this section during the period therein specified,
when such slips and wharves shall be required for the use and
accommodation of the vessels, boats, and barges mentioned in this
section. In case any boat, ship, or vessel, not entitled, according
to the provisions of this section, to use said waters, shall have
entered any of said slips, or shall be lying at any of said wharves
during the period aforesaid, when such slip or wharf shall be
needed or required for the use or accommodation of any of the vessels,
boats, or barges specified in this 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 vessels,
boats, and barges entitled, as aforesaid, to the use of said slip or
wharf.
1957, ch, agi, º, . § 787. Any person resisting or refusing or neglecting to comply
gº" with any order or direction of any harbor master or other officer,
given in pursuance of the preceding section, in relation to any
boat, ship, or vessel under the 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 such section, shall, for every such offense, forfeit and pay
the sum of fifty dollars, to be recovered with costs of suit, in the
name of the treasurer of the New York Hospital, before any court
having cognizance thereof. Said fines, when collected, shall be
paid to said treasurer for the use of the hospital.
# of § 788. Nothing contained in the two preceding sections shall
OWDier8. be construed to take away or in any respect impair the right of the
owner or lessee of any wharf, slip, or pier mentioned therein, from
demanding, collecting, and receiving the usual and legal rates of
wharfage for all boats, ships, and vessels using or occupying said
wharves, slips, and piers, nor shall anything therein be construed
to prevent the free use of the waters and wharves specified in the
preceding section, when such waters and wharves are not required
for the use and accommodation of the vessels, boats, and barges
described in section seven hundred and eighty-six, nor be con-
strued so as to prevent any vessel from hauling alongside of any
vessel, barge or canal boat, to land cargo Or to receive cargo, or
from laying alongside of such vessel, boat, or barge a sufficient
length of time to transfer cargo with all reasonable dispatch, nor
shall anything therein contained be so construed as to disturb or
interfere with any rights of occupancy granted by Ordinance or res-
olution of the mayor and common council of the city of New York
in favor of any of the lines of river barges or canal boats aforesaid,
before April thirteenth, eighteen hundred and fifty-seven.
§ 789. All that part of the water adjacent to the wharves of the
H.A.RBOT, ACCOMMODATIONS FOR CANAL BOATS. 245
city of New York, from the east side of pier number two to and
including the west side of pier number ten, East river, shall here-
after, from the twentieth day of March to the thirty-first day of
T)ecember in each year, be set apart, kept, and reserved for the
exclusive use and accommodation of canal boats and barges engaged
in the business of transporting property on the Hudson river, or
coming to tide water from the canals of the state, arriving in said
city from the city of Albany or any port or place north or west
thereof, and for the use of lighters engaged in loading or unloading
such boats or barges; and it shall be the duty of the captain of the
port of New York, and of the harbor masters thereof, and of all
officers who now are or hereafter shall be empowered by law, or by
any Ordinance of the city of New York, to regulate or station ships
and vessels in the harbor of said city, to prohibit and prevent all
other boats, ships, or vessels from entering any of the slips or
approaching or lying at any of the wharves between the piers
aforesaid, during the period above specified, when such slips or
the wharves connected there with shall be required for the use and
accommodation of the canal boats and barges hereinbefore men-
tioned ; and the said captain of the port, or other officers aforesaid,
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.
§ 790. It shall be lawful for the proprietors of any regular line
of canal boats or barges using the waters within the limits afore-
said, or any other limits to which they may be assigned, as provided
in the preceding section, to erect and maintain upon any of the piers
or wharves adjacent thereto, suitable derricks, to be used by said
proprietors and their employees in loading or unloading said canal
boats and barges; no derrick or structure so erected shall be
deemed an obstruction or incumbrance upon such pier or wharf,
within the meaning of any statute or ordinance prohibiting the
incumbering or obstructing any such pier or wharf, or authorizing
the removal of obstructions or incumbrances upon the same.
§ 791. Whenever any portion of the waters mentioned in the
last section but one shall be occupied by any ship or vessel not
entitled to occupy the same according to the provisions of that
Section, and the proprietor or proprietors or person in charge of
any of the canal boats or barges specified in said section shall desire
to use the berth or slip occupied by such ship or vessel, it shall be
the duty of the captain of the port, or of the harbor master in charge
of the district embracing said waters, upon the request of the
proprietor or consignee or person in charge of said canal boat or
barge, forthwith to remove such ship or vessel so far as may be
necessary to accommodate such canal boat or barge. If the captain
of the port or harbor master to whom such request is made, shall
neglect or refuse to comply with the same, he shall, for each such
neglect or refusal, forfeit and pay to the proprietor or proprietors
of the canal boat or barge in reference to which request was made,
the sum of fifty dollars, to be sued for and recovered by and in the
name of such proprietor or proprietors, for his or their use and
benefit, in any court of competent jurisdiction.
§ 792. Any person in command or charge of any ship or vessel
which the captain of the port or harbor master is authorized and
1867, ch. 945, $1,
Comp. 1577.
Boundaries.
52 Barb. 533.
Duty of the cap-
tain of the port
of New York.
Id. $2.
Power to erect
derricks.
Id. §3.
Occupation of
waters by ships
Inot entitled
thereto.
1857, ch. 945, §4,
Comp. 1577.
Penalty for re-
246 DUTIES OF HARIBOR MASTER.
fusing to obey
the orders of
harbor master.
1858, ch. 261, $1,
Comp. 1579.
Lease of slips
and wharves.
See 1875, ch. 249;
88 N. Y. 251.
Id. $2.
Duties of harbor
masters.
Id, $3.
See 1857, ch. 367;
1867, ch. 945;
1858, ch. 72,
Persons resist-
ing, etc.
required to remove, as specified in the last preceding section, who
shall neglect or refuse to comply with any order or direction of the
said captain or harbor master in reference to the removal thereof,
or who shall resist or obstruct the removal of such ship or vessel,
shall, for every such offense, forfeit and pay the sum of fifty dollars,
to be sued for and recovered, with costs, by and in the name of the
captain of the port, in any court of competent jurisdiction.
§ 793. Whenever the owners of any wharves and slips on the
East river which were on April fifteenth, eighteen hundred and
fifty-eight, occupied by any of the steamboat lines hereinafter men-
tioned, 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 pro-
prietors of any of the regular lines of steamboats theretofore estab-
lished, and 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.
§ 794. It shall be the duty of the harbor masters, or of any officer
or officers of said city who are now or hereafter shall be empowered,
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 from entering any of the slips, or approaching or
lying at any of the wharves so let or leased under the provisions
of the last preceding section, 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 said
section, to use said wharves or slips, shall have entered any of said
slips, or shall be lying at any of said wharves, during the gon-
tinuance 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 shal) have power forth with to remove such boat, ship, or
vessel from such slip or wharf so far as may be necessary to accom-
modate the steamboats entitled as aforesaid to the use of said slip
or wharf.
§ 795. Any person resisting or refusing or neglecting to com-
ply with any order or direction of any harbor master or other
officer, given in pursuance of the two preceding sections, 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 said sections, 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 section seven hundred
and eighty-seven.
WHARFAGE RATES. 247
§ 796. Nothing in the three preceding sections contained shall ºf $7.
be so construed as to give any owner or owners of wharves and ºn as
slips, designated in sections seven hundred and eighty-six and ºr to let
seven hundred and eighty-nine, power to let or lease the same, *, *, *.
or any of them, for the purpose designated in such three pre-
ceding sections. Nor shall anything therein contained be con-
strued to prevent the free use of wharves and slips so let or leased
under the provisions of section seven hundred and ninety-three,
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.
§ 797. The docks, piers, and bulkheads on the Hudson river, 1880, ch, 191, $3.
from Gansevoort street to Little West Twelfth street, shall be set ºr "
apart by the department of docks, or such department as shall
have control thereof, and kept for the use of boats, barges, and
other vessels engaged in the business of transporting farm and
garden produce, at such rates of wharfage as have been, or shall
be, lawfully established.
§ 798. It shall be lawful to charge and receive, within the city ... *
of New York, wharfage and dockage at the following rates, namely: ##"..., si,
From every vessel that uses or makes fast to any pier, wharf, or ºnd
bulkhead within said city, or makes fast to any vessel lying at such lºckage rates
pier, wharf, or bulkhead, or to any other vessel lying outside of isis, ch. 86, $212.
such vessel, for every day or part of a day, except as hereinafter
provided, as follows: From every vessel of two hundred tons
burden and under, two cents per ton, and for every vessel over two
hundred tons burden, two cents per ton for each of the first two
hundred tons, and one-half of one cent per ton for every additional
ton, except that, save as hereinafter provided, vessels known as
North river barges, market boats and barges, sloops employed upon
the rivers and waters of this state, and schooners exclusively
employed upon the rivers and waters of this state, shall pay for
every such vessel under the burden of fifty tons, at the rate of fifty
cents per day; for every such vessel of the burden of fifty tons,
and under the burden of one hundred tons, at the rate of sixty-two
and a half cents per day for every such vessel of the burden of
one hundred tons, and under the burden of one hundred and fifty
tons, at the rate of seventy-five cents per day; for every such
vessel of the burden of one hundred and fifty tons, and under the
burden of two hundred tons, at the rate of eighty-seven and a half
cents per day; for every such vessel of the burden of two hundred
tons, and under the burden of two hundred and fifty tons, at the
rate of one hundred cents per day; for every such vessel of the
burden of two hundred and fifty tons, and under the burden of three
hundred tons, at the rate of one hundred and twelve and a half
cents per day; for every such vessel of the burden of three hundred
tons, and under the burden of three hundred and fifty tons, at the
rate of one hundred and twenty-five cents per day; for *. such
vessel of the burden of three hundred and fifty tons, and under the
burden of four hundred tons, at the rate of one hundred and thirty-
seven and a half cents per day; for every such vessel of the burden
of four hundred tons, and under the burden of four hundred and
fifty tons, at the rate of one dollar and fifty cents per day; for every
such vessel of the burden of four hundred and fifty tons, and under
248 WHARITAGE TRATES.
1872, ch. 320, $1,
as amended,
1877, ch. 315, $1,
Comp. 1587.
1879, ch. 510, $1,
Comp. 1588.
the burden of five hundred tons, at the rate of one hundred and
sixty-two and a half cents per day; for every such vessel of the
burden of five hundred tons, and under the burden of five hundred
and fifty tons, at the rate of one hundred and seventy-five cents per
day; for overy such vessel of the burden of five hundred and fifty
tons, and under the burden of six laundred tons, at the rate of one
hundred and eighty-seven and a half cents per day; for every such
vessel of the burden 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 ; but no boat or vessel
over fifty tons burden shall pay less than fifty cents for a day or a
part of a day, and the class of sailing vessels now known as lighters
shall be at one half the first above rates. Every other vessel mak-
ing fast to a vessel lying at any pier, wharf, or bulkhead within
said city, or to another vessel outside of such vessel, or at an
anchor within any slip or basin, when not receiving or discharging
cargo or ballast, one-half the first above rates; and from every
vessel or floating structure, other than those above named, or used
for transportation of freight or passengers, double the first above
rates, except that floating grain elevators shall pay one-half the
first above rates; and every vessel that shall leave a pier, wharf,
bulkhead, slip, or basin, without first paying the wharfage or dock-
age due thereon, after being demanded of the owner, consignee, or
person in charge of the vessel, shall be liable to pay double the
1879, ch. 511, $1,
Comp. 1589.
Rates of wharf-
age on canal
boats, and ves-
sels carrying
bricks.
rates established by this section. .
§ 799. Wessels of two hundred tons burden and under which
shall be actually engaged in the clam or oyster trade, and which
shall make fast to any pier, wharf, or bulkhead within said city, shall
pay one and one-half cents per ton per day, and every such vessel,
which shall make fast to another vessel lying at any such pier,
wharf, or bulkhead, or to any vessel lying outside of such vessel,
or that shall anchor within any slip or basin in said city shall pay
One cent per ton per day; provided, however, that no vessel shall
pay less than twenty-five cents nor less than one day's wharfage,
nor shall more than one day's wharfage be charged unless for a
continuous use of the pier, wharf, bulkhead, slip, or basin of more
than twenty-four hours.
§ 800. Every canal boat, and any vessel engaged in freighting
brick on the Hudson river occupying a berth next to any pier,
wharf, or bulkhead in the city of New York, and engaged in deliv-
ering cargo upon said pier, wharf, or bulkhead, or receiving cargo
therefrom, shall pay wharfage at the rate of fifty cents for every
day or part of a day while so engaged ; but when unloaded such
canal boat or vessel aforesaid shall pay wharfage at the rate of
thirty cents per day or part thereof; but no canal boat or vessel
lying in any slip between two adjacent piers shall be required to
pay full wharfage to the owners or lessees of both said piers for
the same day, notwithstanding such canal boat or barge may, dur-
ing said day have changed her location between said piers; provided
that they shall pay one-half rates to each owner or lessee when
they have changed their locations between said piers; and the word
day, whenever it occurs in this and the last preceding section, shall
be taken and construed to mean twenty-four hours.
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250 FLOATING DOCKS.
1862, ch. 487, §º,
Comp. 1571.
Powers of har-
bor masters.
7 Cow. 349 ; 1
E. D. S. 588; 38
N. Y. Supr. 62 ;
46 HOW. 24.
Id. $9.
False repre-
sentations pro-
hibited.
Id. §6.
In what case
harbor master to
act as captain of
port.
1863, ch. 487, $15,
Comp. 1572.
Copy of act to
be shown.
1857, ch. 671, $15,
Comp. 1597.
Violations.
1858, ch. 205, $1,
1874, ch. 349, §2,
§§ 1574.
Floating docks
to be used for
repair of vessels
§ 807. Each harbor master shall have power, within the district
assigned to him, subject to the other provisions of this act, to pro-
vide and assign suitable accommodations 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,
anal 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.
§ 808. Any person who shall falsely represent himself to be 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 exceed-
ing sixty days, and fined, in the discretion of the court, a sum not
exceeding twenty-five dollars. The captain of the port shall have
power to designate some harbor master as his deputy, who may,
during his absence, or in case of a vacancy in his office, perform all
the duties belonging to the office of captain of the port, and the
acts of said harbor master, so performed, shall be valid and
binding. - -
§ 809. It shall be the duty of the captain of the port, or a 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 chapter four hundred and eighty-seven of the laws of
eighteen hundred and sixty-two, or of sections eight hundred and
seven and eight hundred and eight of this act to such captain,
owner, or consignee, and no person shall be fined for a violation of
said sections until that has been done.
§ 810. It shall be the duty of the harbor masters and pilots of
the port of New York to report to the commissioners of pilots all
violations of sections seven hundred and thirty-six, seven hundred
and forty-six, seven hundred and forty-eight, seven hundred and
fifty-six, seven hundred and sixty-four and seven hundred and
Seventy-seven to seven hundred and eighty-three, inclusive, which
may come to the knowledge of said harbor masters or pilots, or
which may be made known to them by complaint or otherwise.
§ 811. It shall be lawful for the floating docks of the New York
Balance Dock Company and of the New York Floating Dry Dock
Company, to be used, with the consent of the owners of the piers
or bulkheads respectively occupied for such use, or of the persons
entitled to collect wharfage for such piers or bulkheads, for the
COMMISSIONERS OF TAXES AND ASSESSMENTS. 251
purpose of taking up ships and vessels for repair, coppering, or
finishing, in the manner heretofore practiced in the port of New
York; subject to the existing authority, by ordinance, to regulate
the use of the slips, piers, and wharves of said city.
CHAPTER XVI.
TAXES AND ASSESSMENTS,
Title 1.—Taaces.
$812. The commissioners of taxes and assessments may regu-
late and abolish the subordinate offices and bureaus, as shall seem
most advantageous to the public service. The office or offices shall
be in one of the public buildings or elsewhere in said city as may
be procured according to law and assigned by the board of alder-
men, and shall be kept open during the usual days and hours, as
the other offices are by law required to be kept open, for the trans-
action of business. The books, maps, assessment rolls, and other
papers pertaining to the Office of commissioners of taxes and assess-
ments shall continue in the custody and control of the commis-
sioners, and shall continue to be public records, and, at all reason-
able times, shall be open to public inspection.
§ 813. The commissioners of taxes and assessments shall appoint
Fº to be known as deputy tax commissioners, who shall per-
orm, under their direction and supervision, such duties as the
commissioners shall prescribe. They shall hold their office during
the pleasure of the said commissioners.
§ 814. It shall be the duty of the deputy 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 commissioners, and
they shall furnish to them, under oath, a detailed statement of all
such property showing 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.
§ 815. The said 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 assess-
ment of real estate. He shall hold his office at the pleasure of the
Commissioners.
§ 816. No new surveys or maps of the several wards of the said
1878, ch. 335, $87,
Comp. 555.
1859, ch. 302, §6,
Comp. 556.
1859, ch. 302, $3,
Comp. 556.
Deputy tax com-
missioners.
1859, ch. 302, $7,
Comp. 556.
1859, ch. 302, §5,
Comp. 556.
Surveyor.
1869, ch, 898, §3,
C 561
• e onno. 561.
city except of the twenty-third and twenty-fourth wards as now iº, sº,
252 COMMISSIONERS OF TAXES AND ASSESSMENTS.
as amonded
1874, ch. 329, $17,
Comp. 789.
|Proviso us to
new surveys or
ImapH.
1879, ch. 302, §§8,
9, .." 557.
Annual record
to be lºcpt.
Advertising by
COII, II, 1881OI). CIS,
1873, ch. 758,
Comp. 154.
1867, ch. 410, $5,
Comp. 560,
1859, ch. 302, $11,
Comp. 557.
Equalization of
taxation.
1859, ch. 802, $10,
Comp. 557.
Books to be kept
open, etc.
authorized by law, shall be prepared for the use of said commis-
sioners, except under the authority of the board of aldermen,
§ 817. The said commissioners shall keep in their office, books
to be 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 Monday 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 aldermen.
The said commissioners, previous to and during the time said books
are open for inspection, shall advertise the fact in the City Record,
and in the several papers, or in such manner as they shall
deem most advisable, and as shall be authorized by the concurrent
vote of the mayor, corporation counsel, and commissioner of public
works.
§ 818. The assessed valuation of all personal property shall be
entered by said commissioners in books or rolls, in alphabetical
order, of the names of persons and corporations subject to taxation.
No tax or assessment thereof shall be void in consequence of the
name of the rightful owner or owners of any real estate in said city
not being inserted in the assessment rolls or lists. But in such
case no tax shall be collected except from the real estate so as-
sessed.
§ 819. The commissioners may at any time before the second
day of April in each year increase, or may 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 or personal
estate in said city, as in their judgment may be necessary for the
equalization of taxation ; but they shall not increase such valua-
tions 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.
$820. During the time the books shall be open to public
inspection, application may be made 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 exam-
ined 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. But
said commissioners may during the month of May in any year
act upon applications for the reduction of assessments upon real or
personal property filed in their office on or before the thirtieth day
of April preceding; and cause the corrected amount of any assess-
TXTEMPTIONS FIROM TAXATION. 253
ment reduced by them to be entered upon the assessment rolls for
the year in which such correction may be made.
$ 821. A certiorari to review or correct on the merits any
decision or action of the commissioners under either of the two
preceding sections shall be allowed by the supreme court or any
judge thereof directed to the said commissioners on the petition of
the party aggrieved.
§ 822. The commissioners of taxes and assessments are hereby
invested with power to remit or reduce a tax imposed upon real
or personal estates, but such remission or reduction must be made
within six months after the delivery of the books to the receiver of
taxes for the collection of such tax. It shall require a majority of
the commissioners to correct or reduce the assessed valuation of
the personal property of any person, and no tax on personal
property shall be remitted, canceled or reduced after the expiration
of said six months, unless the applicant or party aggrieved shall
satisfy the commissioners that he has been prevented by absence
from the city or by illness from making his complaint or application
to them within said period. The board of aldermen shall have no
power to remit or reduce any tax.
§ 823. Whenever any permit shall be granted by the proper
officer of the city government, for the erection of any building, pier
or bulkhead within said city, a copy of such permit shall be fur-
nished by the said officer to the commissioners of taxes and assess-
ments.
$ 824. The following property in said city shall be exempt from
all taxation in addition to any which may be exempt by virtue of
general laws :
1. Any real estate in actual use as a site or sites for Columbia
College.
2. Any real estate now owned or hereafter acquired for the con-
struction and maintenance of an asylum by the trustees of the
Masonic Hall and Asylum Fund, but such exemption shall con-
tinue only so long as the entire income from the same shall be
exclusively used for benevolent and charitable purposes.
3. The real estate of the National Academy of Design, situate on
the corner of Fourth avenue and Twenty-third street, but such
exemption shall continue only so long as the same shall be devoted
exclusively to the advancement of the fine arts, or be used as a free
School of design.
4. The portion of the property, real and personal, of the Society
of the New York Hospital, from which no income is derived, but
Such exemption shall continue only so long as the same shall be
used exclusively for the purposes for which said society was char-
tered.
5. The real estate, which was on June thirtieth, eighteen hun-
dred and seventy-four, owned by the House of Rest for Consump-
tives, but such exemption shall continue only so long as it shall be
in actual use for the purposes of such House of Rest, and such
exemption shall be of an amount not exceeding one hundred thou-
Sand dollars in value. *
6. The real estate owned by the Home for Incurables; but such
exemption shall continue only so long as the said real estate, or the
income thereof, shall be used exclusively for the purposes for which
the association was incorporated.
1859, ch. 302, $20,
Comp. 559.
1870, ch. 382, $8,
Comp. 561.
Power to remit
or reduce taxes.
Remission,
when to be
made.
1873, ch. 335, $87,
Comp. 555,
1859, ch. 302, $14,
Comp. 558,
Erection of
buildings, piers,
Ctc,
Exemption from
taxation.
1872, ch. 96, 1,
Comp. 591.
1871, ch. 249, $1,
Comp. 591.
1866, ch. 324, 1,
Comp. 592.
1875, ch. 466, §1,
Comp. 592.
1874, ch. 650, $1,
Comp. 592.
1873, ch. 348, §1,
Comp. 591.
254 IXEMPTIONS FROM TAXATION.
1808, ch. 258, §4,
Comp. 590.
1870, ch. 253, §1,
Comp. 590.
1866, ch. 350, $7,
as amended,
1870, ch. 248,
Comp. 1801.
1864, ch. 4, $3,
Comp. 1802.
1868, ch. 15, $7,
Comp. 1812.
1830, ch. 53, §5,
as amended,
1852, ch. 22, $1,
Comp. 1815.
1859, ch. 279, $11
Comp. 1824.
1849, ch. 1, §8,
Comp. 1827.
1854, ch. 351, $2,
Comp. 1878.
1859, ch. 235, $7,
Comp. 1830.
9
1866, ch. 647, $3,
Comp. 1761.
1868, ch. 468, $2,
Comp. 1783.
1867, ch. 122, $3,
as amended
1869, ch, 789, §1,
Comp. 1784.
1851, ch. 225, $3,
as amended
1878, ch. 81, $2,
Comp. 1787.
1881, ch. 50, $2,
1862, ch. 453, §1,
Comp. 580.
1852, ch. 46, §1,
Comp. 588.
7. The property of the Friendly Society of St. Ambrose Church,
both real and personal, to an amount not exceeding fifty thousand
dollars in value, but such exemption shall continue only so long as
said property is actually used for the charitable purposes of the
said corporation.
8. The property, both real and personal, of St. Luke's Hospital.
9. The real estate owned by the Young Men's Christian Associa-
tion, on the southwest corner of Twenty-third street and Fourth
avenue, but such exemption shall continue only so long as the same,
or the income thereof, is used exclusively for the purposes for which
the association was incorporated. -
10. The real and personal property of the Roosevelt Hospital;
of the Presbyterian Hospital; of the Cooper Institute, so long as
the same shall be appropriated to the uses and purposes set out in
chapter two hundred and seventy-nine of the laws of eighteen hun-
dred and fifty-nine ; of the Clinton Hall Association to the extent of
one hundred and fifty thousand dollars; of the Astor Library ; the
the property of the Merchants' and Clerks’ Library Association
of the city of New York, to the extent of one-half in value; the
real and personal property of the Woman's Library of the
city of New York; and of the New York City Library Associa-
tion, provided that the amount of such exemption shall not exceed
One hundred thousand dollars, and that such exemption shall con-
tinue only so long as the property shall be used for the general
purposes and objects specified in the charter of said association ; the
real and personal property of the trustees of the Lenox Library,
and of the Mott Memorial Medical and Surgical Library of the city
of New York.
11. The real and personal estate belonging to and used for the
charitable purpose of the New York Catholic Protectory.
12. The real and personal property belonging to the Children's
Aid Society of the City of New York, and used for the charitable
purposes thereof. -
13. The real and personal property belonging to the Samaritan
Home for the Aged of the city of New York, and that held by it
under lease from others when the lessee is required to pay the
annual taxes; provided, however, that the value of Said property so
exempted shall not exceed fifty thousand dollars, and such exemp-
tions shall continue only so long as such property is actually used
for the charitable purposes of said corporation.
14. The real estate owned by the Ladies' Union Aid Society of
the Methodist Episcopal Church in the city of New York, but such
exemption shall continue only so long as the same, or the income
thereof, shall be used exclusively for the purpose of said corpora-
tion. -
15. The real and personal property of the Nursery for the
Children of Poor Women, used exclusively for charitable purposes.
§ 825. The real estate belonging to the corporation of St. John's
College, in its actual occupation or use in the twenty-fourth ward,
with the buildings thereon, is exempt from the payment of any tax
for the support of schools. -
$826. The following-described property of the United States,
with the buildings thereon, shall be exempt from all taxation.
1. The land, buildings, and machinery owned or used by the
ASSESSMENT ROLLS. 255
United States for the assay office, established by act of congress,
passed March third, eighteen hundred and fifty-three, or for any
mint or branch mint which may be authorized by act of congress,
and also metal, bullion, or coin deposited for melting, remelting,
assaying, coinage, or recoinage, and coin stamped at Such mint or
branch, and 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 or mint, or branch mint.
2. The land and buildings, owned and occupied as a general
post-office, and appurtenant and adjacent thereto, but such exemp-
tion shall continue only so long as the same shall remain
the property of the United States and be used for public pur-
poses.
3. The land north of the assay office in Pine street and the
land adjoining the same on the east.
4. The entire square formed by Wall, William, and Hanover
streets, and Exchange place.
5. Robin's Reef.
6. The land at the Battery acquired for the purpose of erecting
a barge office and other suitable buildings for the transaction of
business connected with the United States revenue service, and for
the landing of revenue and other government boats and barges,
together with the land adjacent thereto, and the slip or basin con-
nected there with, but such exemption shall continue only so long
as the said land shall remain the property of the United States and
be used for the purposes aforesaid.
7. All property acquired by the United States, for the improve-
ment of the Hudson river and the Spuyten Duyvil creek, from the
North river through the Harlem Kills to the East river, pursuant to
chapter one hundred and forty-seven, laws of eighteen hundred and
Seventy-six, and the amendments thereof heretofore enacted.
§ 827. The exemption from taxation of every building for
public worship, and every school-house or other seminary of
learning, under the provisions of subdivision three of section 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, unless the same shall be exclusively used
for such purposes, and exclusively the property of a religious
Society. y
§ 828. On the first day of May in each year, the commissioners
shall cause to be prepared from the books of annual record of
assessed valuations of real and personal estate in the city, assess-
ment rolls for each of the several wards of said city, 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. The
rolls thus certified must, on the first Monday of July in each year,
be delivered by the said commissioners to the board of aldermen,
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
pºing such other duties in relation thereto as are prescribed
y law.
§ 829. It shall be the duty of the comptroller of said city to
i. and submit to the board of aldermen, at least four weeks
efore their annual meeting, in each and every year, for the pur-
1853, ch. 406, $1,
Comp. 588.
1861, ch. 118, §1,
Comp. 1523.
1800, ch. 500, §§1,
4, Comp. 1523.
1879, ch. 33, §§1,
5, Comp. 1177.
1857, ch. 19, §§1,
5, Comp. 1520.
1865, ch. 523, §§1,
5, Comp. 1524.
1874, ch. 432, §§1,
3, Comp. 1530.
1866, ch. 862, §§1,
5. Comp. 1525.
1873, ch. 320, §§1,
3, Comp. 1529.
1876, ch. 147, §12,
Comp. 1226.
1852, ch. 282, $1,
Comp. 5871.
Buildings for
public worship,
School-houses,
etc., exempt.
5 N. Y. 376.
1859, ch.302, §§12,
13, Comp. 558.
Assessment
rolls to be made.
Rolls to bo
delivered to the
Supervisors,
1862, ch. 163, §2,.
Comp. 562.
Duties of the
comptroller.
256 ASSESSMENT ROLLS.
1878, ch. 383, $2
1861, ch. 293, §6,
Comp. 564.
Deficiencies to
be provided for.
1871, ch. 573, §3,
Comp. 5%.1.
Assessment-roll
to remain in
custody of
board.
Tax to be ex-
tended therein.
Delivery of tax
books to clerk
of arrear8 for
entry of unpaid
Water rents.
Amount of
taxes to be re-
ported to comp-
troller,
1850,0h.121, §§24,
25, 26,
Comp. 563.
Descriptions of
real property of
non-residents to
be examined,
pose 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 current
year from all the sources of revenue of the general fund, including
surplus revenues from the sinking fund, other than the surplus
revenues of the sinking fund for the payment of interest on the city
debt ; and the said board of aldermen 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 cause 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.
§ 830. It shall be the duty of the said board of aldermen to
include in any and every ordinance or resolution passed by them
imposing and levying taxes for any purpose or purposes author-
ized by law, 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.
§ 831. The tax or assessment rolls, when finally submitted to
the board of aldermen on the first Monday of July in each and
every year, shall remain in the custody of said board, but the pres-
ident of said board may, by written permission, permit access to
them, and he is hereby, in the name of the board of aldermen and
as its act, authorized and directed to cause to be properly esti-
mated and computed the taxes annually imposed, and cause the
same to be properly set down or extended in the several assessment
rolls or tax books, as required by the next section. It shall also
be the duty of said president to cause the items of said taxes to be
carefully added and to set down the amount of the same therein;
and, when completed, to deliver the tax books relating to real
estate to the clerk of arrears, in order that the unpaid water rents
of each preceding year may be entered therein. After such com-
pletion of the assessment rolls or tax books it shall be the duty of
the clerk of the board to procure from the members of the board of
aldermen the proper warrants authorizing and requiring the
receiver of taxes to collect the several sums therein mentioned,
according to law; and immediately thereafter the president of the
board shall deliver the said assessment rolls, with the warrants
aforesaid annexed thereto, to the receiver of taxes; at the same
time notifying the comptroller of the amount of taxes in each book,
in order that he may cause the proper sum to be charged to the
receiver for collection.
§ 832. At such annual meeting they must make such alterations
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 cannot be made, they
must expunge the descriptions of such real property, and the
assessments thereon, from the assessment rolls. They must also
estimage and set down in a fifth column, to be prepared for that
IłECEIVER OF TAXES. 257
purpose in the assessment rolls, opposite to the several sums set
down as the valuation of real and personal property, the respective
gums, in dollars and cents, to be paid as a tax thereon, rejecting the
fractions of a cent. They must also add up and set down the
aggregate valuations of the real and personal property in the sev-
eral wards, as corrected by them; and must transmit to the comp-
troller of this state, by mail, a certificate of such aggregate valua-
tions, showing separately the aggregate amount of the real and
personal property in each ward, as corrected by the board.
§ 833. They must also cause the assessment roll of each ward,
when corrected according to law, and finally completed, 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, under the hands and seals of
the board of aldermen, or any five or more of them, directing and
requiring him to collect from the several persons named in the assess-
ment 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 chamberlain of the said city.
§ 834. If the aldermen shall willfully refuse or neglect to per-
form any of the duties required of them by the two preceding sec-
tions, each member so refusing or neglecting 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.
§ 835. The receiver of taxes shall, before entering upon 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, or a justice of the
supreme court, in the penal sum of twenty-five thousand dollars,
conditioned for the faithful performance of the duties of his office,
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 the filing thereof, unless there be named and
described in or on said bond, real estate equal in value to the
amount of said bond, and owned by said sureties or one or other of
them, in which case the said bond shall be a lien on such real estate
so described, and upon all the real estate of the said receiver, and
no other, and shall continue to be such lien till the condition,
together with all costs and charges which may accrue by the pros-
ecution thereof, shall be fully satisfied, not to exceed, however, the
period of ten years after the expiration of the term of office of said
receiver, unless an action on said bond shall have been commenced
and shall then be pending ; and the 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 perform-
ance of the duties of his office, which said bonds, when so
approved, shall be forthwith filed in the office of the comptroller of
the said city.
§ 836. If at any time during the continuance in office of the said
receiver of taxes, or of the said deputy receiver, the comptroller
shall deem the sureties of them, or either of them, insufficient, he
may require the said receiver of taxes, or the said deputy receiver,
A55688ment of
tax.
ife 1871, ch. 573,
Statement of
9ggregate valua-
tion to be sent
to comptroller.
Id. $27.
Cori ected roll
to be delivered
to receiver of
taxe5.
1843, ch. 230,
art. 2, §2,
Comp. 567.
1850, ch. 121, $35,
Comp. 564.
Penalty.
1843, ch. 230,
art. 1, $4,
as amended,
1873, ch. 767, §1,
Cºmp. 565.
Bond of re-
ceiver of taxes.
Of deputy.
Id. §12,
as amended
1844, ch. 238, §6,
Comp. 557.
17
258 TJNIPAID TAXES.
Additional
security may be
required.
1873, ch. 767, $3,
Comp. 6')1.
Duty of comp
troller t ) adjust
accounts, etc. ,
1843, ch. 230,
art. 1, $6,
Comp. 565.
Office, whore to
be kept.
Id. §7,
as amended,
1844, chap. 238,
§3.
See 1873, ch. 335,
$28, Comp. 70.
Taxes paid at
the office, how
received.
1843, ch. 230,
(art. 1, §3,
Comp. 568.
Tuty of re-
(CCiver.
1850, ch. 121, $27,
Comp. 563.
Rece.ver to give
notice.
1843, ch. 230,
art. 2, $4,
as amended,
1850, ch. 121, $20,
Comp. 568.
1881, ch. 33.
Per centum and
interest to be
chargel on un-
paid taxes.
1881, ch. 33, $2,
1843, ch 230,
art. 2, §6.
1850, ch. 121, $31,
Comp. 568.
to enter into a new bond with the like sureties, and to be approved
in like manner as hereinbefore prescribed, within such time as he
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 comp-
troller may declare his office vacant.
§ 837. Upon the expiration of the term of office of the said
receiver or deputy receiver, and within one year thereafter, it shall
be the duty of the comptroller to examine and adjust the accounts
of such receiver or deputy, and if found correct, to cause a certificate
to that effect to be filed with the bond of such officer ; and such
certificate so filed shall be a full discharge and satisfaction of the
conditions of such bond, and the lien or liens thereby created.
§ 838. The office of said receiver of taxes shall be kept at
such place in said city as shall be, from time to time, by ordi-
nance of the common council, assigned for that purpose, but
subject to the other provisions of this act ; and shall be kept
open on each day in the year (Sundays and public holidays
excepted) from the hour of eight in the forenoon till two in the
afternoon. 4. -
§ 839. Subject to the direction of the comptroller, it shall be the
duty of the receiver of taxes personally to receive all taxes which
may be paid at the said office; and of the deputy receiver to retain
the possession in the said office, and not elsewhere, of the warrants
and assessment rolls which shall, from time to time, be delivered to
the said receiver by the aldermen or comptroller.
§ 840. The receiver of taxes, upon receiving the assessment rolls
and warrants, shall proceed to collect and receive the said taxes
from the several persons assessed in the said assessment rolls in
the manner hereafter mentioned.
§ 841. The said receiver shall, immediately after he shall have
received the said assessment rolls, give public notice in the City
Record, and when authorized as provided in section sixty-six of
this act, 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 next
section.
§ 842. 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
interest, at the rate of six per cent. per annum, between the day of
such payment and the first day of December then next succeeding.
§ 843. If any such tax shall remain unpaid on the said first day
of December, it shall be the duty of the said receiver of taxes, in
said city, to charge, receive and collect upon such tax so remaining
unpaid on that day, in addition to the amount of such tax, one per
centum on the amount thereof, and to charge, receive and collect
upon such tax so remaining unpaid on the first day of January
thereafter, interest upon the amount thereof at the rate of seven
per centum per annum, to be calculated from the day on which said
COLLECTION OF TAXES.
259
assessment rolls and warrants shall have been delivered to said re-
ceiver of taxes to the date of payment ; and such increase or per-
centage shall be paid over and accounted for by such receiver from
time to time as thereinbefore described, as a part of the tax col-
lected by him. The same rate of interest shall be charged upon
any tax levied in the year eighteen hundred and eighty, or since
said year, and remaining unpaid. -
§ 844. It shall be the duty of the said receiver to charge, col-
lect, and receive upon all taxes remaining unpaid on and after the
said first day of January an interest at a rate of seven 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.
§ 845. If any taxes of any year shall remain unpaid on the first
day of November, after the assessment rolls and the warrants to
collect such taxes have been delivered to the receiver of taxes in
the city of New York, it shall be the duty of said receiver to give
public notice by advertisement for at least ten days in two of the
daily newspapers and in the City Record, printed and published in
said city, respectively, that unless the same shall be paid to him at
his office, on or before the first day of September in any such year,
he will immediately thereafter proceed to collect such unpaid taxes,
as provided in section eight hundred and forty-three.
§ 846. The receiver of taxes shall, immediately after the first
day in December in each year, give public notice in the City Record,
and when authorized as provided in section sixty-six of this act, at
least six of the daily newspapers printed and published in said
city respectively, at least ten days, notifying all persons who have
omitted to pay their taxes to pay the same to him at his office on
or before the first day of January.
§ 847. If a sum of money in gross has been or shall be taxed
upon any lands or premises, any person or persons claiming any
divided or undivided part thereof may pay such part of the sum of
money so taxed, also of the interest and charges due or charged
thereon, as the said comptroller may deem to be just and equita-
ble ; and the remainder of the sum of money so taxed, together
with the interest and charges, shall be a lien upon the residue of
the land and premises only, which residue may be sold to satisfy
the residue of such tax, interest, or charges, in the same manner as
though the residue of said tax had been imposed upon the residue
of said lands or premises.
§ 848. The said receiver shall demand payment of all taxes
assessed on incorporated companies in the said city, from the presi-
dent 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. Such taxes shall be paid out of the funds of the com-
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 afterward declared.
§ 849. The receiver of taxes shall enter into suitable 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 said
1871, ch. 381, $2,
Comp. 573.
1881, ch. 33, §3.
1881, ch. 33, §1.
Receiver of
taxes to publish
Inotice.
1871, ch. 381, $2,
Comp. 573.
Tax recoiver to
give notice re-
quiring payment
of unpaid taxes.
1871, ch. 881, $19,
Comp. 579.
Payment of un-
divided parts of
taxes, etc.
Part unpaid to
be a lien on
residue of lands.
2 Bosw. 516.
1843, ch. 230,
art. 2, §§ 15, 16,
Comp. 569, 570.
Taxes on
corporations, of
whom to be de-
manded.
To be paid out
of company's
funds,
as amende
1844, ch. 288, §4,
Comp. 563.
Suitable books
to be procured,
Id. Part º
260 COLLECTION OF TAXI.S.
Id. §§9, 10,
as amended,
1844, ch. 288, §5.
Duty of deputy
receiver.
Credit to be
given for pay-
Inents.
1848, ch. 230,
art. 1, $51,
Comp. 566.
Receiver and
deputy to be
suspended in
case of omission
or neglect.
Id. §12.
Comp. 567.
Provision in
case of their
sickness or
absence.
1871, ch. 331, $2,
Comp. 573.
chamberlain the amount received on such day; he shall also there-
upon 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.
$ 850. It shall be the duty of the deputy receiver, 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 afore-
said to the said receiver of taxes, the fact of such payment, the
amount, thereof, and the day when paid, and to enter into suitable
books, to be kept by him for that purpose, on each day such pay-
ments, 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; he 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. The comptroller shall, on each
day, immediately after receiving from said deputy receiver the said
statement, compare the same 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 cor-
respond, shall credit the said receiver of taxes in his books with
such amount. f
$ 851. If the receiver of taxes, or the deputy receiver, shall on
any day omit or neglect to furnish to the chamberlain, or to the
comptroller, respectively, the statements and vouchers required by
law, or to make the daily payments hereinbefore prescribed, it shall
be the duty of the comptroller forthwith to suspend from office the
party delinquent. In case of such suspension, the comptroller
shall appoint a suitable person to perform the duties of the officer
so suspended, who shall continue to act as such officer, with all the
powers conferred upon him by this title, until the party suspended
shall be restored, 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 title 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 comptroller.
$ 852. In case of the inability of the receiver or of the deputy
receiver to perform the duties of his office by reason of sickness.
or absence from the city, the comptroller shall designate some suit-
able 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 preceding sec-
tion.
$ 853. It shall be lawful for the said receiver, if any tax for per-
sonal property and the interest thereon, as hereinbefore provided,
COLT ECTION OF TAXES. 261
shall remain unpaid on the fifteenth day of the month of January, ººlºº.
succeeding the receipt by him of the rolls, to issue his warrant, ºdiº
under his hand and séal, directed to the sheriff, or any marshal of **
the city and county of New York, commanding him to levy the
said tax, with interest thereon at the rate of seven per cent. per
annum from the day of the delivering of the assessment rolls and 1881, ch. 33.
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 persons
against whom the said warrants shall be issued, or of any goods
and chattels in his or her possession wheresoever the same shall
be found within the said city and county, and to pay the same to
the said receiver, and return such warrant within thirty days after
the date thereof. I - -
$ 854. In all cases where the said receiver shall proceed by dis- 1845, ch.98, $2.
b Comp. 580.
tress and sale of the goods and chattels of any person for the pay- 3.jeg.
ment of any tax due and payable, 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.
$ 855. The sheriff or marshal to whom a warrant for the collec- lºº,
tion of any tax is issued shall give public notice of the time and Šišš.
place of sale of any property distrained by virtue thereof, and of "ºº"
the property 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.
$ 856. If the property distrained shall be sold for more than the Id, S11, ..
- - ; , Property dis-
amount of the tax, the surplus shall be returned to the person in tº
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 or marshal until the rights of the
parties shall be determined by due course of law.
$ 857. In case of the refusal or neglect of any person to pay any Id. §§12, 13,
tax imposed on him for personal property, if there be no goods or ºn
chattels in his possession upon which the same may be levied by .º.º.
distress and sale according to law, and if the property assessed shall personal proper.
exceed the sum of one thousand dollars, the said receiver, if he has Şān, ast.
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 there-
upon 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. The court may impose a fine for Fine may be im.
the misconduct mentioned in this section, sufficient in amount for ."
the payment of the tax assessed, and of the costs and expenses of costs.
the proceedings authorized by this title, 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
262 DISTIRAINT I'() IR TAXI.S.
Id. $14.
Order to prose-
cute to operate
as all assign
ment of bond to
receiver.
* **
th
1867, ch. 334, §3.
Comp 585.
Receiver of
taxes, duty of,
under act.
1867, ch. 334, §4,
Comp. 585.
Duty of attor-
ney, etc.
Id. $5.
Proccedings
where court is
convinced that
tax cannot be
paid.
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.
$ 858. Whenever any bond taken under the proceedings referred
to in the last preceding section shall be ordered to be prosecuted,
such order shall operate as an assignment of the bond to 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 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 is therein directed to be applied and paid ; and
in all such actions, if the plaintiff recovers, he shall recover all costs
against the defendant.
$ 859. It shall be the duty of the receiver of taxes to send or
cause to be sent to the “attorney for the collection of arrears' of
personal taxes,” monthly, all cases of personal taxes embraced in
the assessment rolls, when the assessment is one thousand dollars
or more, and upon which a warrant to any of the marshals of said
city and county has been issued and unsatisfied for a period of sixty
days, or returned unsatisfied in whole or part, and of all other cases.
of personal taxes, except in those cases where the comptroller may
extend the warrant, when application to any court may be made for
the collection of the tax, and the said attorney is authorized to
make requisitions upon the said receiver for all such cases.
§ 860. The attorney for the collection of arrears of personal
taxes shall, subject to the control of the counsel to the corporation,
be charged with the prosecution of all suits or proceedings, in any
court having jurisdiction, for the collection of all cases of personal
taxes, sent to him by the receiver of taxes, or where, by any law of
this state, any suit or proceeding may be instituted by such receiver
or any marshal acting under a tax warrant, in any court for the col-
lection of any tax for personal property, and shall, subject to such
control, act as attorney and counsel to the receiver of taxes, and to
any marshal acting under the warrant of said receiver in the collec-
tion of any tax for personal property.
$ 861. The court in which any proceeding may be commenced to
enforce the payment of any tax for personal property may, in any
case where it shall be satisfied that the person or persons taxed are
unable, for the want of property, to pay any tax, dismiss the pro-
ceedings absolutely without costs, or conditionally upon the pay-
ment of costs, or may dismiss such proceedings on the payment of
such part of the tax and costs as shall be just. In cases where any
proceeding shall be dismissed under this section, on payment of a
portion of the tax, a copy of the order of the court shall be filed
with the receiver of taxes, and a note of the contents of such order
entered upon the assessment roll, and it shall be the duty of said
attorney to report all cases dismissed on account of the inability of
the person to pay the tax to the commissioners of taxes and assess-
ments, annually, on the thirty-first day of December in each year;
and said commissioners are hereby authorized to strike the names.
ASSESSMENTS FOR IMPROVEMENTS. 263
of all such persons from the assessment rolls for the succeeding
year.
$ 862. The Baid attorney shall keep, in proper books to be pro-
vided by the corporation of said city for that purpose, a register of
all actions or proceedings prosecuted, and upon the expiration of his
term of office or his resignation thereof, or removal therefrom, said
attorney shall deliver to his successor in office all books and papers
in his hands belonging to his office, or delivered to him by the
receiver of taxes, or any marshal of said city, and in any way con-
nected with his office, or any business pertaining thereto. The
said attorney shall pay over, under oath, to the receiver of taxes
of said city, monthly, or oftener if required, all taxes collected by
him.
$ 863. Any tax duly imposed for personal property upon any
person or corporation in the city and county of New York, and
which shall remain unpaid and in arrear on the fifteenth day of
January succeeding the year in which it shall have been imposed,
may be recovered, with interest and costs, by the receiver of taxes
of said, city, in an action in any court of record in this state.
$ 864. The counsel of the corporation, whenever he may deem
it essential to the public interests, shall assume, conduct, and con-
trol any suit or proceeding contemplated under the provisions of
the five preceding sections, and employ counsel in cases connected
with the assessment and collection of taxes.
Tºtle 2–Assessments for Improvements other than Opening and
Closing Streets, etc.—For what purposes Assessments may be
Imposed and How.
$ 865. The commissioners of taxes and assessments shall, from
time to time, appoint four skillful and competent disinterested per-
sons, 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, erect-
ing pumps, pitching, paving, regulating and repairing streets, relay-
ing pavements, constructing sewers, fencing vacant lots and public
slips, and all other improvements directed by corporation ordi-
nance for which an assessment may be made.
$ 866. The said board of assessors, or a majority thereof, shall
make all estimates and assessments, give all notices, receive and
pass upon all objections, and certify in accordance with the exist-
ing laws relative to all such matters. The common council shall,
subject to the other provisions of this act, 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 lights and fuel out of the city
treasury.
§ 867. The comptroller, counsel to the corporation, and recorder
shall continue to constitute a board of revision and correction of
all assessment lists. The said board, or a majority thereof, shall
have and perform all the powers and duties relative to the revis.
ion, correction and confirmation of assessment lists specified in
Id. §§6, 10,
('Ornip. 585.
Pooks to be
kept isy attor-
ney, c1 c.
To whom attor-
ney to pay over
taxes received
by him.
# 67, ch. 234, $11,
Coinp. 585.
When * re-
ceiver" may
prosecute for
taxes on per-
8onal property.
Id. §12,
When corpora-
tion counsel
Inay control
suits under this.
act.
1850, ch. 302, $15,
as amended,
18 9. ch. 898, $2,
Comp. 558.
Assessors.
49 IIow. 405 : 6
IDaly, 18, 62 N.Y.
623; 70 N. Y.
15, ; 17 Hun,
550; 44 Barb. 46;
1871, ch. 218, $2.
1850, ch. 302, $16,
Comp. 558.
Board of
{ls SCSSOFH.
1861, ch. 308, §ſ,
}omp. 645.
B2 N. Y. 650; 17
Hun, 559; 70 N.
Y. 157; 36 How.
80); 49 How.
40.5.
264 ASSESSMENTS FOR IMPIROVEMENTS.
81 N. Y., 62.
1872, ch. 580, $6,
Comp. 646.
Powers of board
21 IIun, 130.
1861, ch. 308, §3,
Comp. 645.
6 Daly, 343; 62
N.Y.'éggio
N. Y. 157.
1880, ch. 556, §5.
Assessments for
local improve-
ments.
What certifl-
cates to contain.
1840, ch. 326, §1,
Comp. 643.
Duty of asses-
SOFS.
1853, ch. 579, $1,
Comp. 580.
Ward or block-
numbers.
1840, ch. 326, §1,
Comp. 644.
4 Sand. 50.
1810, ch. 326, §7,
Conlp. 644.
Amount at
which property
is to be assessed.
66 N. Y. 305; 60
N. Y. 353, 452;
70 N. Y. 475 : 5
H in, 287, 442;
the various laws relating to assessments in the said city, other
than assessments made by commissioners appointed by a court
or justice. Said board shall have power to consider on the merits
all objections made to any assessment, and to subpoena and exam-
ine witnesses in relation thereto, and to confirm said assessments,
or to refer the same back to the board of assessors for revisal and
correction in such respects as they may determine. The revision
of such assessment lists shall be made without delay, so that,
unless the same are referred back for revisal and correction, the
shall be confirmed within thirty days from the time they shall
respectively be presented for confirmation, and if not so confirmed
or referred back, they shall be deemed to be confirmed at the
expiration of thirty days from the time they shall be respectively
so presented for confirmation. *
§ 868. All assessments hereafter imposed for local improvements
in said city shall be made by the board of assessors on the follow-
ing certificates, to wit:
1. The head of the department charged with the execution of
the work in question shall certify to the said board of assessors
the total amount of all the expenses which shall have been actually
incurred by the mayor, aldermen and commonalty on account
thereof.
2. The comptroller shall certify to the said board of assessors
the amount of the interest, at the legal rate, upon the several install-
ments advanced or payments made on account of such work, from
the time of such payment or advance by the city to a day sixty
days after the date of such certificate. Thereafter the said board
of assessors shall assess upon the property benefited, in the man-
ner authorized by law, the aggregate amount of such certificates, or
such proportion thereof as is authorized by law, and the said board
shall not in any way be enjoined, restrained, hindered or delayed
in the performance of this duty; provided that nothing contained
in this section shall be construed to affect the powers of the board
for the revision and correction of assessments.
§ 869. In all cases where the assessors shall 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. The same ward or block numbers
shall be used to designate the lots as are or may be used to desig-
nate them in assessments for taxes, and no other numbers, except
where no ward or block numbers exist. The assessors shall also
state the names of the owner or owners and occupant or occupants;
and it shall be their duty to ascertain by inquiry to be made of the
deputy commissioners of taxes of the ward in which the property
assessed is situate, and by inquiry of the receiver of taxes as to
such ownership, and such persons shall afford the requisite infor-
mation.
§ 870. The assessors 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.
§ 871. It shall be the duty of the board of assessors when they
have completed any assessment to give notice to the owner or owners,
and to the occupant or occupants of all houses and lots and improved
PAYMENT OF AWAIRDS. 265
or unimproved lands affected thereby, that they have completed the
estimate and assessment ; such notice shall be published daily in
the City Record, and when authorized pursuant to the provisions
of section sixty-six of this act, in at least two of the daily news-
papers, for ten days successively. The notice shall describe the
limits embraced by such assessment, and shall contain a request
for all persons whose interests may be affected thereby, and who
may be opposed to the same, to present their objections in writing
to the chairman of the assessors within thirty days from the date
of such notice, and if, after examining such objections, the 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 board of
revision and correction.
§ 872. The board of assessors are hereby empowered and di-
rected to assess upon the property intended to be benefited, in the
manner provided by law for making assessments for local improve-
ments, the expense now incurred, or which shall hereafter be
incurred by the mayor, aldermen, and commonalty, for the con-
struction of sewers in portions of the city not embraced within the
limits of any sewerage district, and said assessments shall be con-
firmed and collected in the manner provided by law for the confir-
mation and collection of assessments for local improvements in the
city; provided that no premises on which an assessment for a sewer
was, before April twenty-sixth, eighteen hundred and seventy, paid
or vacated by an order of the supreme court, shall, by reason of
anything contained in this section, become liable to be again
assessed for the same improvement; and further provided that the
expense of making any new assessment, pursuant to this section,
shall be borne by the mayor, aldermen, and commonalty.
§ 873. In all cases where the grade of any street or avenue
which was established south of Sixty-third street on or before
March fourth, eighteen hundred and fifty-two, or which has been
since, or shall hereafter be established north of said Sixty-second
street, shall be changed or altered in whole or in part, it shall be
the duty of the board of assessors 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 improve-
ments 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 section
eight hundred and seventy-seven.
§ 874. All persons owning lands and premises in the twenty-
third and twenty-fourth wards shall be entitled to compensation
for all damages to their buildings and improvements resulting from
the change of the grade of the street or avenue running in front of
the lands or premises owned by them, where such grade has been
or shall be changed by the department of public parks, or other
department or competent authority of said city, in the following
cases: 1. Where the original grade has been established by the
board of trustees of the town of Morrisania, or by the commis-
14 Hun, 14; 11
Hun, 381; 74 N.
Y. 610; 76 N. Y.
4,2 ; 55 BioW. 57;
75 N. Y. 354.
1841, ch. 171, $1,
Comp. 6 (3.
Notice to be
#. of comple-
ion of estimate
and assessment.
1870, ch. 383, §29,
Comp. 693.
1852, ch. 52, §3,
Comp. 658.
Assessors to
estimate loss
and damago to
owners of land,
and make award
of amount.
53 How. 280; 49
How. 405; 6
Y. 623; 7 Hun,
231 ; 64 N. Y.
6 6: 3 Hun, 755 ;
62 N. Y. 624 ;
t. L
R. L.
1813, ch. 86.
1877, ch. 454,
Comp. 670,
Owners, etc., of
lands entitled to
damages caused
by change of
grade,
Id, º
Ascertaining
and assessing of
damage.
266 PAYMENT OF AWARDS.
Proviso.
1873, ch. 335,
$115.
1852, ch. 52, $4,
Comp. 658.
Amount of
award to be paid
by mayor, etc.
49 How. 405; 6
Daly, 18 : 62 N.
Y. 623; 3 Hun,
755; 62 N. Y.
624.
When not paid
to the right per-
son may sue and
reCOVCr.
sioners appointed by chapter eight hundred and forty-one of the
laws of eighteen hundred and sixty-eight, or by any commissioners
appointed by any act of the legislature of this state, where, in
either case, the street or avenue has been graded in accordance with
such grade, or where, in either case, the buildings and improve-
ments have been erected or made since the establishment of such
grade. 2. Where the original grade has been heretofore estab-
lished by said department of public parks, or shall hereafter be
established by said department, or by any department or competent
authority in said city where the Street or avenue has been or shall
be graded in conformity to such grade, or where the buildings and
improvements have been or shall be erected or made subsequent to
the establishment of such grade. Such damages shall be ascer-
tained and assessed in connection with, and as a part of the ex-
penses of, the grading of the street or avenue in conformity with
the grade as changed; provided, however, that in cases where the
street or avenue was graded prior to June 16, 1877, in conformity
with the grade as changed, and an assessment of the expense
thereof had been then levied and made final, no damages shall
be allowed or recoverable under this section, but where no assess-
ment had been then levied and made final, damages shall be
allowed and be recoverable as hereinbefore provided.
§ 875. Unless it shall be petitioned for by a majority of the
owners of the property (who shall also be the owners of a ma-
jority of the front feet) on the line of the proposed improvement,
no assessment shall be imposed for the paving of any street, avenue,
or public place, or any portion thereof, which street, avenue, public
place or portion has been once paved and the expense thereof paid
by the owners of the adjoining property.
§ 876. The mayor, aldermen, and commonalty shall, within four
months after the confirmation of the assessment of the assessors,
made in pursuance of the last section but one, pay to tº respec-
tive 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 compen-
sation 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 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 respectively to
whom the same shall have been so paid ; 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, par-
ties, 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, to be secured, disposed
of, and improved as the superior court shall direct, and such pay-
CONSTRUCTION OF SEWERS, ETC. 267
ment 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 women, and of sound mind. Upon payment of
any such sum or sums to the said chamberlain, the said commis-
sioner of public works or other officer of the corporation by whom
such payment shall be mode, shall forthwith give notice thereof to
the said superior court.
§ 877. The expenses incurred by the mayor, aldermen, and com-
monalty under section three hundred and twenty-three, shall be
assessed by the board of assessors upon the property benefited, and
all provisions of law relative to the collection of assessments for
local improvements shall apply to such assessments.
§ 878. It shall be lawful for the mayor, aldermen, and common-
alty to cause common sewers, drains, and vaults to be made in any
part of the city, and to order and direct the pitching and paving
the streets thereof, and the cutting into any drain or sewer, and
the altering and amending of any street, vault, sink, or common
sewer within the said city; and the raising, reducing, leveling, or
fencing in any vacant or adjoining lots in the said city; and to
cause estimates of the expense of conforming to such regulations to
be made, and a just and equitable assessment thereof among the
owners Or occupants of all the houses and lots intended to be bene-
fited thereby, in proportion, as nearly as may be, to the advantage
which each shall be deemed to acquire; and the assessors, after
having made such estimate and assessment, shall certify the same
in writing, and being confirmed, it 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 afore-
said; and such owners or occupants shall also respectively be liable,
upon demand, to pay the sum at which such houses or lots respect.
ively shall be so assessed, to such person as shall be appointed to
receive the same; and the money when paid shall be applied towards
making, altering, amending, pitching, and paving such streets, and
making and repairing such vaults, drains, and sewers as aforesaid,
and raising, reducing, leveling, or fencing in such lots as afore-
said ; provided, however, that nothing herein contained shall affect
any agreement between any landlord and tenant respecting the pay-
ment of any such charges, but they shall be answerable to each
other in the same manner as if this title 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 lawful for the person 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 who ought to have
the same ; and the assessment aforesaid, with proof of payment,
shall be conclusive evidence in such suit.
§ 879. It shall and may be lawful for the mayor, aldermen, and
commonalty, in all cases where they may deem it necessary for the
more speedy execution of any laws, by-laws, and ordinances, orders
or directions, or any of them, which the said corporation are author-
ized to make, to cause all such works as may be necessary for any
1871, ch. 218, $2,
Comp. 194.
Expenses in-
curred, how as-
sessed upon
property bene-
fited.
1813, ch. 86, $175,
Comp. 687.
Sewers to be
made, 8treet.8
paved, etc.
See 1824, ch. 49.
Expenses, how
estimatcd and
assesscd.
4) IIow. 405 ; 39
N. Y. Rupr. 255 ;
66 N. Y. 622 : 3
Hun, 755; 62 id.
624; 50 N. Y.
513; 44 Barb. 46.
To be ratified by
COIO IOOD
council.
Agreement be-
tween landlord
and tenant not
affected.
Persons paying
for others to re-
cover back.
1813, ch. 80, $270
Comp. 689.
Work to be done
at expense of
mayor. etc.
See 1824, ch. 49,
Comp. 638.
36 How. 390; 54
Barb. 225; 79 N.
of the purposes specified in the two preceding sections, or in section º
five hundred and sixty-one, or any part thereof, to be executed and
268 IFILLING UP AND RAISING TDOTS.
1813, ch. 86, §271,
Comp. 690.
Expenses a lien
on property as-
sessed.
1824, ch. 49, §1,
Comp. 638.
Id. $2.
Regulations as
to raising or
filling up lots.
36 How. 390; 54
Barb. 225.
Amount de-
clared a lien, etc.
1880, ch. 367, §1.
1835, ch. 122, §§1,
Comp. 1583.
Expense.
done at their own expense, on account of the persons respectively
upon whom the same may be assessed, and they shall have full
power, and are hereby authorized to recover the amount of every
such expense, by action 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. The amount of every such expense which
the 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 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,
and shall be a real incumbrance upon the said houses and lots,
lands and tenements, which may be sold for any such assessment
thereon.
§ 880. It shall and may be lawful for the mayor, aldermen, and
commonalty, in all cases where 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 agent, 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 expe-
dient 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 recover the amount of every such expense, by
action 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. And further, the amount of the moneys" which the mayor,
aldermen, and commonalty shall have advanced for the above pur-
poses, with lawful interest for the same, shall be deemed a lien on
such lot or lots, and such lot or lots may be sold therefor, 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.
$881. The expense which the commissioner of public works is
authorized to incur by section three hundred and thirty-nine of this
act shall be assessed and collected in the manner provided in this
title and in title four of this chapter, for levying and collecting
assessments for local improvements.
§ 882. The expense of conforming to any order or direction
made in accordance with section seven hundred and twenty-one, or
of carrying the same into effect, shall be estimated and assessed by
the board of assessors 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 deep-
ened, and which may in any manner" be benefited thereby, in pro-
portion, as nearly as may be, to the advantage which each shall be
deemed to acquire. Every such estimate and assessment, after
PUBLIC CISTERNS, ETC. 269
confirmation, shall be binding and conclusive upon the 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.
§ 883. If any money to be collected under and by virtue of the
preceding section, 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 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.
§ 884. Whenever, in the opinion of the mayor, aldermen, and
commonalty, in common council convened, it shall be expedient to
make a public cistern, or a public well and pump 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 accord-
ingly, 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
section eight hundred and seventy-seven, and shall be binding and
conclusive, in the manner therein prescribed.
§ 885. There shall be kept in the office of the comptroller a full
and complete record in detail of all lists of assessments confirmed
by the supreme court or by the board of revision and correction of
assessments, with the date and Order of confirmation, which record
shall be open to inspection during office hours, and the same shall
be received as presumptive evidence of the facts therein contained.
§ 886. The commissioners of estimate and assessment appointed
pursuant to the provisions of chapter one hundred and forty-seven
of the laws of eighteen hundred and seventy-six, and chapter three
hundred and forty-five of the laws of eighteen hundred and seventy-
nine, as amended by chapter sixty-five of the laws of eighteen hun-
dred and eighty, by the several orders of the supreme court made
and entered upon the petition of John Newton, the engineer in
charge of said improvement, in the name of the United States, at
a special term of the first judicial district, held in the city of New
York, on the twenty-fourth, twenty-seventh and thirty-first days of
October, eighteen hundred and seventy-nine, or in the event of the
death, resignation or removal of such commissioners, or either of
them, such other commissioners as may be appointed by the
Supreme court in the place and stead of such commissioner or com-
missioners so dying, resigning or removed, are hereby authorized
and directed to lay out and determine upon an area of assessment
embracing such lands and premises on each side of the exterior
lines of said improvement, or as nearly adjacent thereto as said
commissioners shall deem to be benefited thereby, and to assess
upon such lands and premises, and the persons and parties in inter-
est owning the same, within such area of assessment for the value
of such benefit, the sum required to pay the compensation awarded
to, or to be awarded by them under the said acts and under the
nine following sections of this act, and the order or orders of the
Supreme court heretofore made or hereafter to be made upon such
Id, $5.
1817, ch. 25, $1,
Comp. 193.
1813, ch. 86, §200.
Comp. 690.
Cisterns in pub-
lic streets.
Record of as-
Sessments con-
firmed, to be
Open to inspec-
tion.
1871, ch.381, $20,
Comp. 579.
1881, ch. 61, $1.
Commissioners
to lay out area
of assessment.
Spuyten Duyvil
Improvement.
Assessment.
270 PUBLIC CISTERNS, ETC.
1880, ch. 65, §3.
Duty of com-
missioners.
1880, ch. 65, §1.
Expenses to be
borne by parties
benefited.
Id. §8.
Abstract to be
made.
Notice.
petition, and the cost and expenses of estimate, assessment, and
other proceedings necessarily taken or to be taken under and
authorized by said acts and sections. Said commissioners, before
they enter upon the performance of the duties hereinafter pre-
scribed, shall severally take and subscribe the oath prescribed by
the twelfth section of the constitution of this state, which oath
shall be filed in the clerk's office of the city of New York.
§ 887. It shall be the duty of said commissioners, after having
viewed the premises, to lay out and determine, so far as the same
has not been already done, upon an area of assessment embracing
the lands and premises on each side of the improvement, or as
nearly adjacent thereto as said commissioners may deem to be
benefited thereby, to cause a map of the same to be made showing
the limits of said area of assessments, the names of the parties own-
ing or in possession of the lands within the same, so far as the
same can be ascertained, and the quantity of land belonging to
such owner, and the quantity belonging to such unknown owners
whose names cannot be ascertained, and the location of the same
on said map as nearly as they can ascertain the same, and to make
a just and equitable assessment of the value of the benefit and
advantage of such improvement to the respective owners, persons
or parties in interest, entitled to or interested in the said respective
lands and premises within said area of assessment, in proportion
as nearly as may be to the advantage which each shall be deemed
to acquire thereby, and in each and every case where the owners or
parties in interest, or their respective estates and interests are not
known or are not fully known to the said commissioners, it shall be
sufficient for them to assess and set forth in general terms the
respective sums to be paid by the owners and proprietors generally of
said lands and premises, and parties interested therein, and to report
the same to the supreme court without any unnecessary delay. All
sums of money which have been or shall hereafter be Mariº
under and according to the provisions of the acts mentioned in the
preceding section to the owners and parties in interest in the lands
and premises taken, or which shall hereafter be taken for the pur-
poses of the improvement of the Harlem river and Spuyten Duyvil
creek, as just compensation to be made to them for such lands and
premises, and the cost and expenses of estimate, assessment, and
other proceedings necessarily taken or to be taken under, and
authorized by, said acts, shall be borne and paid by the parties and
persons interested in and entitled as owners or otherwise to the
lands and premises deemed to be benefited by said improvement,
and the same shall be assessed upon such parties and persons,
lands and premises. An abstract of the assessment of said com-
missioners, containing the names of the owners of the parcels of
land, so far as the same can be ascertained, the numbers and
descriptions of such parcels as they appear upon said map, together
with such map, the amount of assessments made against each owner
or party in interest, and also all affidavits, estimates or other doc-
uments, which were used by said commissioners in making their
said report, shall be deposited in the clerk's office of the city and
county of New York, for the inspection of whomsoever it may con-
cern, for at least thirty days before said commissioners make their
report to said court. They shall give notice of the time and place
PUBLIC CISTERNS, ETC. 271
of making their said report to the court, and of the filing of said
abstract, by advertisement to be published for and during the space
of twenty days previous to making said report in at least four of
the public newspapers printed in said city, and by posting copies
of said advertisement in hand-bills to be posted up for the same
space of time in three conspicuous places adjacent to said improve-
ment. -
§ 888. Any person or party whose rights may be affected by the
said assessment, 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, which statements shall not be received by
them unless verified by his, her, or their affidavits, or the affidavits
of other persons; and it shall be the duty of the said commission-
ers, in all cases, to transmit to 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 expi-
ration of the said ten days it shall be the duty of the said commis-
sioners to give at least ten days' notice, by publication as aforesaid,
of a time and place, when and where any persons, who may con-
sider themselves aggrieved by such 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 such person or persons are fully heard. Said commis-
sioners, or such of them as shall make such assessment, in case
any objections be made to them and stated in writing, and verified
as aforesaid, shall reconsider their said assessment, 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.
§ 889. Upon the coming in of said report, signed by said com-
missioners, or any two of them, the said court, at a special term
thereof, shall, after hearing any matter which may be alleged against
the same, either confirm the same report or refer the same to the
same commissioners for revisal and correction, or to new commis-
sioners to be appointed by said court to reconsider the subject
matter thereof, and the commissioners, to whom 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, 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 in the premises which the said court shall confirm, and
such report, when made, shall be final and conclusive upon the
Owners, persons or parties in interest and entitled to any lands and
premises mentioned in said report, and also upon all other persons
and parties whatsoever; and the several assessments thereby con-
firmed shall thereupon become a lien upon the several lands and
premises so as aforesaid severally assessed to the extent of the
amount so assessed upon each parcel set forth in said report within
said area of assessment.
§ 890. The sums assessed for benefit as the same shall appear
by the report of assessment so as aforesaid confirmed, shall be paid
by the parties against whom the same are assessed, to the comp-
Id. § 1.
Rights of per-
8 on 8 whose
property is
affected.
Notice to be
published.
1880, ch. 65, §5.
Proceedings on
coming in of re-
port.
Id. §6.
Sums assossed
to be paid to
comptroller.
272 - PUBLIC CISTERNs, ITC.
When to be
paid.
Interest.
Tax warraut to
issue.
What to con-
tain.
Warrant only to
issue for excess
of benefit over
compensation.
Sheriff to collect,
assessinent.
1881, ch. 61, $2.
troller of the city of New York, who is hereby authorized to
receive and apply the same in the manner hereinafter directed.
After the confirmation of said report, the said comptroller shall
forth with cause a notice to be published for twenty days, in three
of the public newspapers issued in said city of New York, of the
confirmation of said report, that the assessments therein made
are to be paid at his office within thirty days from the date of the
confirmation of said report, without interest, and that if the same
are not paid within ninety (lays from such confirmation, the pro-
ceedings provided for by this, and the following section, will be
taken for the enforcement and collection of the same, with interest
thereon at the rate of eight per centum after thirty days from such
confirmation. Said assessments may be paid to the said comptrol-
ler at any time after the confirmation of said report of assessment,
and within thirty days thereafter without interest. And if not paid
within thirty days thereafter, interest at the rate of eight per cen-
tum per annum shall accrue and be paid upon the same until the
same are paid, and as to all such assessments as shall not be paid
within ninety days from the time that said report of assessment is
confirmed, the said comptroller is hereby authorized and directed,
immediately upon the expiration of said ninety days, to issue his
warrant for the collection of such unpaid assessments. Such war-
rant shall be signed by the said comptroller, and directed to the
sheriff of the city and county of New York. It shall contain the
names of all the persons and parties assessed, who have not paid
the sums assessed against them by said report of assessment, the
amounts due from such persons and parties respectively ; the num-
ber and description of the parcels of lands and premises assessed
for benefit, owned by such persons or parties respectively, and the
amounts due from unknown owners, if any, with the number and
description of all parcels assessed to such unknown owners, as set
forth in said report of assessment and the map filed therewith. If
any such person or parties shall be the owners of, or interested in,
any of the lands and premises taken for such improvement, to
whom an award for compensation shall have been made in said
report of assessment as confirmed, the amount awarded for such
compensation shall be deducted from the amount assessed for ben-
efit, and the excess only shall be the sum inserted in said warrant
as the sum to be collected from such persons or parties. Said war-
rant shall command the sheriff to collect from the persons and par-
ties named in said warrant the sum or sums due from them respec-
tively, with interest at the rate of eight per centum per annum
from and after the expiration of thirty days from the date of the
confirmation of said report of assessment, pursuant to the provis-
ions and under the authority of this act, and to return the same
with the moneys collected thereon, by said comptroller within the
period of sixty days from the date thereof. The said comptroller
is hereby authorized to renew said warrant after the expiration of
said sixty days, from time to time, until the whole amount due for
said assessments shall be collected.
§ 891. The sheriff of the city and county of New York shall
thereupon, by virtue of said warrant and the authority hereby
given, collect the several amounts so directed to be collected from
the several persons or parties named therein, and from the several
PUBLIC CISTERNS, ETC. 273
lands and premises numbered and described therein, as belonging
to such persons or parties, and he shall have the same power to
enforce the collection of the same, or any renewal thereof, as if
said warrant, or any renewal thereof, were an execution issued in
due form of law upon a judgment of a court of record of this state,
against the persons and parties named therein as against the sev-
eral parcels of land and premises numbered and described in said
warrant. If any of the parcels numbered and described in said sale in case or
warrant shall be assessed to unknown owners, and the amount so ... taxi.
assessed shall not be paid to said sheriff within twenty days after not paid.
said warrant shall have come into his hands, said sheriff is hereby
authorized and directed, immediately after the expiration of said
twenty days, to advertise the several parcels so assessed to unknown
owners in the same manner and for the same period of time as in
the case of known owners, except that for the name or names of
the persons or parties as set forth in the notice of sale, and other
proceedings subsequent thereto, taken by him, the description of
“unknown owners ” may be inserted therein. Upon the return by Assessment
the said sheriff of the warrant first issued by said comptroller, as ...”
hereinbefore directed, if there shall be due and uncollected any of
the sums assessed in said warrant directed to be collected, the said
comptroller is hereby authorized, on the security of said assess-
ments so returned and unpaid, to raise on the assessment bonds of
the city in the manner now provided by law, a sum not exceeding
fifty thousand dollars, to be applied as in the following section
directed. All the collections of such assessments to the extent of
the assessment bonds issued, and all proceedings taken for the
enforcement and collection of the same shall be for the benefit of
the said city of New York. &
§ 892. From the moneys so collected by said comptroller, and 1881, ch. 81, $3.
from the proceeds of said bonds, in case any have been issued º.
pursuant to the provisions of the last section, he shall pay all sums
which have been awarded to the persons or parties as owners, or
interested in the lands and premises taken or to be taken for the
purpose of said improvement, as the same shall appear by the
report of the commissioners of estimate, made in pursuance of the
provisions of this title and the said acts, when confirmed, and the
expenses, charges, and disbursements of the proceedings taken
thereunder, as taxed and certified by a justice of the supreme court;
and whenever it shall appear by the report of the commissioners of
estimate, and by the report of the commissioners of assessment,
that an award for compensation for the lands taken or to be taken Awards to set
for the purposes of said improvement has been made to the same ºl
owners or parties in interest, upon whom and upon whose lands º: only,
and premises an assessment for benefit has been made in which the ***
award for compensation is greater than the assessment for benefit,
said comptroller shall pay to said owners or parties in interest the
excess only of such compensation so awarded over the amount
assessed upon such owners or parties in interest; and whenever an
assessment for benefit, upon the owners or parties in interest, of
lands and premises within said area of assessment is made against
the same owners or parties in interest to whom compensation is
awarded for lands and premises taken or to be taken for said im-
provement, and such assessment for benefit exceeds such award for
18
274 PUBLIC CISTERNS, ETC.
1876, ch. 147, S8,
Comp. 1225.
Proceedings
where lands are
Vcsted in trus-
tees, etc.
1879, ch. 845, §4,
Comp. 1227,
Cession of lands
§. city of
ew York,
authorized.
Certificate.
Conveyance.
1876, ch. 147, $7,
Comp. 1221.
I)efective titles.
compensation, such owners or parties in interest shall be liable to
pay only such excess, and upon receipt of the amount of such
excess, with interest, as above provided, said comptroller is hereby
authorized and required to disclarge such assessment and the lien
created thereby.
§ 893. In case any title or interest in real estate required by the
United States for said improvement shall be vested in any trustee
not authorized to sell, release, and convey the same, or in any infant,
idiot, or person of unsound mind, the supreme court shall have
power, by a summary proceeding or petition, to authorize and em-
power such trustee, or the general guardian or committee of such
infant, idiot, or person of unsound mind, to sell and convey the
same to the United States for said improvement, on such terms as
may be just ; and in case any such infant, idiot, or person of un-
sound mind, has no general guardian or committee, the said court
may appoint a special guardian,or committee, for the purpose of mak-
ing such sale, release or conveyance, and may require such security
from such general or special guardian, or committee, as said court may
deem proper. . But before any conveyance or release, authorized by
this section, shall be executed, the terms on which the same is to
be executed, shall be reported to the court, on oath ; and if the
court is satisfied that such terms are just to the party interested in
such real estate, the court shall confirm the report, and direct the
proper conveyance or release to be executed, which shall have the
same effect as if executed by an owner of said land having legal
power to sell and convey the same. -
§ 894. The commissioners of the sinking fund of the city of New
York, or the mayor, aldermen, and commonalty of the city of New
York, are hereby authorized to cede, grant, and convey to the
United States, upon such terms, and for such consideration as may
be agreed upon by and between said commissioners of the sinking
fund, or said mayor, aldermen, and commonalty, and the United
States, all the estate, right, title, and interest of the city of New
York, in and to any part of said land required for said channel.
Whenever any part of said land shall have been ceded by said
commissioners of the sinking fund, pursuant to the authority here-
by given, it shall be the duty of said commissioners of the sinking
fund, or a majority of them, to give a certificate under their hands,
that the same has been ceded, pursuant to the provisions of this
act; and upon the production of such certificate, and upon proof
of due compliance, on the part of the United States, with the terms.
of cession, it shall be the duty of the mayor of said city, and the
clerk of the common council, in the name and on behalf of the
said mayor, aldermen, and commonalty, to execute a proper con-
veyance of such lands under their hands and the seal of said city.
§ 895. If, at any time after an attempt to acquire title by ap-
praisal of damages or otherwise, it shall be found that the title
thereby attempted to be acquired is defective, the United States.
may proceed anew to acquire or perfect such title in the same man-
ner as if no appraisal had been made ; and at any stage of such
new proceedings, the court may authorize the United States, if
in possession, to continue in possession, and if not in possession,
to take possession and use such real estate during the pendency
and until the final conclusion of such new proceedings; and may
W.ACATING ASSESSMENTS. 275
stay all actions or proceedings against any agent of the United
States on account thereof on his giving security as the court may
direct, to pay the compensation therefor when finally ascertained ;
and in every such case the party interested in such real estate may
conduct the proceedings to a conclusion if the United States delays
or omits to prosecute the same. The court in which proceedings
taken under the acts referred to in section eight hundred and eighty-
six of this act may be pending may amend the same or any orders
heretofore made therein, so as to make the same conform with the
provisions of said section and the subsequent sections of this title.
§ 896. The cost and expense of the removal of the structure of
the reservoir on Fifth avenue, between Fortieth and Forty-second
streets, and of grading the ground now occupied by it, shall be
paid by the owners of property within the following limits: The
westerly side of Sixth avenue, the southerly side of Thirty-seventh
street, the easterly side of Madison avenue, and the northerly side
of Forty-fifth street; the same to be assessed and collected by the
board of assessors in like manner as assessments for local improve-
ments.
Title 3.—Vacating and Modifying Assessments.
§ 897. No suit or action in the nature of a bill in equity or
otherwise shall be commenced for the vacation of any assessment
in said city, or to remove a cloud upon title ; but owners of prop-
erty shall be confined to their remedies in such cases to the pro-
ceedings under this title.
§ 898. If, in the proceedings relative to any assessment or
assessments for local improvements, or in the proceedings to col-
lect the same, any fraud or substantial error 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,
proceed forth with to hear the proofs and allegations of the parties.
If, upon such hearing, it shall appear that the alleged fraud or sub-
stantial error, other than such errors as are specified in the next
section, has been committed as provided in this title, the said
assessment shall be vacated or modified, and the lien created there-
by, or by any subsequent proceedings, shall cease. If, upon such
hearing, it shall appear that, by reason of any alleged irregularity,
the expense of any local improvement has been unlawfully increased,
the judge may order that such assessment upon the lands of said
aggrieved party be modified by deducting therefrom such sum
as is in the same proportion to such assessment as is the whole
amount of such unlawful increase to the whole amount of the ex-
pense of such local improvement.
§ 899. No assessment heretofore made or imposed, or which
shall hereafter be made or imposed for any local improvement or
other public work in the said city, already completed or now being
made or performed, or which shall hereafter be made, done or per-
formed, shall hereafter be vacated or set aside for or by reason of
any omission to advertise, or irregularity in advertising any ordi-
nance, resolution, notice, or other proceeding relative to or author-
Id. §7.
1881, ch. 456, $2.
Assessment for
removal of
reservoir.
1858, ch. 338, §2,
as amended.
1858, ch. 338, §§1,
2, as atmended.
1870, ch. : 88, $27,
Comp. 720.
Fraud or sub-
stantial error in
assessment,
remedy for.
Assessment to
be vacated for
fraud or error.
Assessment not
to be set aside
for irregularity,
etc.
276 WACATING ASSESSMENTS.
#6 How. 416, 460;
39 New York,
Supr. 120; 78 N.
Y. 109; 21 Hun,
555, 579. tºº
Fraud.
1870, ch. 383, $27,
Comp, 721.
21 Hun, 130.
8ale8 of ag3e38ed
premises,
1858, ch. 338, §3,
as amended.
1858, ch. 193, §1,
Comp. 720.
TJnchanged.
Orders vacating
a88eg8Daents.
Id. $4.
#9. ch, 550, §§8,
To what 8ec-
tions apply.
izing the improvement or work for which such assessment shall
have been made or imposed, or for proposals to do the work, or for
or by reason of the omission of any officer to perform any duty
imposed upon him, or for or by reason of any defect in the authorit
of any department or officer upon whose action the assessment shall
be in any manner or to any extent dependent, or for or by reason
of any omission to comply with or carry out any detail of any law
or ordinance, or for or by reason of any irregularity or technicality,
except only in cases in which fraud shall be shown and in case of
assessment for repaving any street or public place, upon property
for which an assessment has once been paid for paving the same
street or public place; and all property in said city benefited by
any improvement or other public work already completed or now
being made or performed, or hereafter made, done, or performed,
except as aforesaid, shall be liable to assessment for such improve-
ment or work, and all assessments for any such improvement or
other public work shall be valid and binding notwithstanding any
such omission, irregularity, defect in authority, or technicality. No
assessment shall be vacated by reason of fraud or irregularity in
the proceedings to collect the same by sale of the assessed prem-
ises; but, upon proof of such fraud or irregularity, such sale shall
be set aside and the respective rights and liabilities of the assessed
persons, and of the mayor, aldermen, and commonalty, shall be-
come and be the same as if such sale had not been made.
§ 900. Any order vacating said assessments shall be entered in
the office of the clerk of the supreme court, and on filing a certified
copy thereof with the officer having charge of the assessment lists,
it shall be the duty of said officer to cancel thereon the assessments
so vacated, and all proceedings under the same ; and the justice
who shall have made such order may enforce the same, either by
attachment for contempt or by writ of mandamus, or both, against
any party refusing to obey the same, with costs. A.
$901. Any person applying for relief, under the provisions of
this title, may embrace in one proceeding any or all assessments for
local improvements in which he is interested.
§ 902. The foregoing sections, from section eight hundred and
ninety-eight to section nine hundred and one, inclusive, apply to
the following proceedings and no others :
First—To proceedings or actions commenced, on or before the
ninth day of September, eighteen hundred and eighty, to vacate or
set aside assessments for any local improvement confirmed by the
board for the revision and correction of assessments before June
ninth, eighteen hundred and eighty, or in which proceedings or
actions were pending on said last-named day, or in which the time
to appeal had not been expired, or in which the order or judgment
had not been then carried into effect.
Second—To proceedings or actions which since June ninth,
eighteen hundred and eighty, have been commenced or may here-
after be commenced, to vacate or set aside any assessment com-
pleted before said day and confirmed by the board for the revision
and correction of assessments after said day; provided in each case
such proceedings or action was or shall be commenced within three
months after the date of such confirmation.
Third—To proceedings or actions to vacate or set aside any assess-
WACATING A881E881MENTS. 277
ments for the local improvements known as Morningside avenues,
when confirmed by the board for the revision and correction of
assessments; provided such proceedings or actions were or shall
'be ...]". three months after the date of such confirma-
tion ; provided that if any such proceeding or action in this section
referred to is dismissed, or such relief refused, and it shall appear
in the order dismissing or denying such application that su º dis-
missal or denial is on account of some irregularity, technicality,
informality, mistake, or other omission or defect of form therein
(in which case it shall be the duty of the court to specify the same
in such order), the party thereto shall be entitled to make such
further or other applications as he may be advised, within twenty
days after the date of an order directing such dismissal or refusal,
and none of the provisions of the subsequent sections of this title
shall apply to or affect such further or other application so made
for the purposes aforesaid.
And further provided, that if on a final decision in any proceed-
ing or action pending on June ninth, eighteen hundred and eighty,
or which may be commenced or renewed as aforesaid, the decision
or judgment therein shall be in favor of the city, the petitioner or
plaintiff in such proceeding or action shall have obtained the ben-
efits of sections nine hundred and six to nine hundred and four-
teen, by filing the notice provided in section nine hundred and seven
hereof on or before the first day of May, eighteen hundred and
eighty-one, the said commissioners must proceed as if such notice
had been filed as in said section provided.
$903. No court shall vacate or reduce any assessment in fact or
apparent, confirmed after June ninth, eighteen hundred and eighty,
whether void or voidable, on any property for any local improve-
ment hereafter completed otherwise than to reduce any such assess-
ment to the extent that the same may be shown by parties com-
Fº thereof, to have been in fact increased in dollars and cents
y reason of fraud or substantial error ; and in no event shall that
proportion of any such assessment which is equivalent to the fair
value of any actual local improvement with interest from the date
of confirmation, be disturbed for any cause. Nothing in this sec-
tion shall apply to any assessment which may be imposed for the
local improvement known as Morningside avenues.
§ 904. All proceedings to vacate or reduce assessments in the
city of New York other than those specified in the last section
but one must be brought within one year after the confirmation
thereof.
§ 905. Any lands which may be discharged from any lien for an
assessment for any local improvement, may be again assessed, in
the manner 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 collectible in the manner provided by law for the col-
lection of assessments, but all proceedings to make a new assess-
ment shall be at the expense of the corporation of the city.
§ 906. Any assessment for any local improvement in the city of
New York, confirmed by the board for the revision and correction
of assessments in said city before June ninth, eighteen hundred
and eighty, and also any assessment for any local improvement
1880, ch.550, $12.
Limitation on
power of court
On a886BSments.
Id. $18.
1858, ch. 338, §5,
Comp. 720.
Reassessment.
4 Hun, 624, 8
Hun, 518.
1880, ch. 550, $1.
Assessments
may be vacated.
278 COMMISSIONERS TO CORIRECT ASSESSMENTS.
Id. $2.
Jurisdiction of
commissioners.
Notice.
To be filed,
When.
Id. $2.
Commissioners
to inquire into
facts, etc.
May revise,
modify or vacate
unjust assess-
ments and
award relief.
theretofore completed which may be hereafter confirmed by said
board, and any assessment for the local improvements known as
Morningside avenues, when confirmed by said board, may be
vacated, modified, set aside, revised, or confirmed in conformity
with the provisions hereinafter in this title contained, and not other.
wise. Any assessment for the local improvements known as Morn-
ingside avenues, shall be finally acted upon by such board for the
revision and correction of assessments within three months after the
completion of the same.
§ 907. The commissioners hereinafter designated and named,
or a majority of them, shall, for the purposes of the following sec-
tions of this title, have jurisdiction to revise, vacate or modify any
of the assessments for any local improvement confirmed by the
board for the revision and correcting of assessments before the
ninth day of June, eighteen hundred and eighty, and any assess-
ment for a local improvement confirmed before said date which has
been or shall be hereafter confirmed by said board, and every
assessment for the local improvements known as Morningside ave-
nues, when confirmed by said board, when the owner or owners of
the real estate affected by such assessment, or other party or parties
affected thereby shall have filed with the comptroller of said city a
notice specifying the particular assessment complained of, the date
of the confirmation of the same, the property of such owner or
party affected, and in a brief and concise manner the objections
thereto, showing or tending to show that the assessment was unfair
or unjust in respect to said real estate. Such notice must be or
must have been filed with the said comptroller, and a duplicate
thereof with the counsel of the corporation, as follows:
1. As to all assessments confirmed before June ninth, eighteen
hundred and eighty, on or before the first day of November,
eighteen hundred and eighty. |
2. As to all assessments confirmed after June ninth, eighteen
hundred and eighty, for local improvements theretofore completed,
and as to any assessment for the local improvements known as
Morningside avenues, within two months after the dates upon which
such assessments may be respectively confirmed.
$908. It shall be the duty of said commissioners, or a majority
of them, to inquire into the facts or circumstances relating to any
assessments to which objections may be made and the notice filed
as aforesaid, and to hear the evidence in support of such objections
or in opposition thereto, and on every such inquiry and hearing to
administer oaths or affirmations to all persons testifying, and after
duly considering the evidence, to determine whether substantial
injustice was caused by the confirmation of such assessments or
otherwise ; and any assessments as to which the commissioners,
upon such inquiry, may determine that substantial injustice has
been caused by the confirmation of the same or otherwise, may be
revised, modified, or vacated by the said commissioners, and they
may award such relief to the respective parties filing such applica-
tions as shall be, under the circumstances and on the evidence pre-
sented, just and equitable ; and they shall, in determining such
relief, consider the fair value of the work done, for which the assess-
ment is imposed, and the amount of benefits conferred over and
above the damages, if any, caused by the improvement. A majority
COMMISSIONERS TO CORRECT ASSESSMENTS. 279
of said commissioners shall constitute a quorum for the hearing of
any application, and the relief granted must be concurred in by at
least a majority of the commissioners. They or any person who
has filed any such application, or the counsel for said city as here-
inafter provided, shall have power to summon witnesses and require
the production of books and papers, and the attendance of wit-
nesses, and the production of books and papers may be compelled
under and pursuant to the provisions of title two of chapter nine of
the Code of Civil Procedure.
§ 909. It shall be the duty of the present counsel to the corpora-
tion properly to protect, maintain, and defend the interests of the
city in relation to all matters before said commissioners, pursuant
to the provisions of this title.
§ 910. Edward Cooper, John Kelly, Allan Campbell, George H.
Andrews, and Daniel Lord, Jr., of said city are commissioners for
the purposes of this title, with power to appoint clerks and stenog-
raphers. Notice of all meetings of said commissioners given by
publication in the City Record and the Daily Register, in such
Quorum.
Summons to
WitnesſBeg.
Id. $4.
Counsel to cor-
}.º. to de-
end city.
Id. $5. * &
Commissioners.
Notice of meet-
ings.
form as they shall determine, shall be sufficient for all purposes,
and such meetings shall be held as frequently as necessary for the
dispatch of the duties hereby imposed upon them. All meetings,
except for consultation and decision, shall be public. A minute
book shall be kept by them, or under their supervision, in which
shall be entered a faithful record of all the proceedings of said
commissioners, which shall be at all times open to the public for
inspection, and on the final adjournment of the commissioners shall
be filed in duplicate in the finance department and in the office of
the clerk of the common council. The said commissioners, or a
majority of them, shall have full power to determine the order and
manner in which cases shall be heard, and in which evidence shall
be taken ; to decide all questions as to the competency, relevancy
and materiality of testimony; to fix and limit the time within which
evidence and argument in each case may be submitted ; and gen-
erally, except as herein specifically provided, to determine and pre-
scribe the mode and manner in which all proceedings taken before
them or under sections nine hundred and seven to nine hundred
and thirteen of this act, inclusive, shall be conducted. All evidence,
whether offered on behalf of the property-owners or the city, was
required to be submitted before July first, eighteen hundred and
eighty-one, and the decision of the commissioners, or a majority of
them, in every case required to be rendered in writing, on or before
September thirteenth, eighteen hundred and eighty-one, on which
last-mentioned day the jurisdiction and authority of said commis-
sioners ceased except as hereinafter otherwise provided. The time
for filing the notice provided by section nine hundred and seven for
the submission of evidence, or for the making of a decision by the
commissioners, may be extended beyond the time herein specified
by the supreme court in the first judicial district in such manner
and upon such notice as the court may direct. In case of the death,
resignation, refusal, or failure to act of any one or more of the
aforesaid commissioners, then and in that case every power con-
ferred and every duty devolved upon the said commissioners shall
be possessed and exercised by the remainder of said commissioners,
or a majority of them, and a certificate signed and filed as herein
Minute book.
Manner in which
cases shall be
heard, etc.
Evidence to be
taken before
July 1, 1881.
Time for filing
In Ot, iCé8.
In case of death,
etc., of commis-
sioner, remain-
der to act.
280 COMMISSIONTERS TO WACATE ASSESSMENTS.
1880, ch. 550, $6.
Relicf to be
awarded.
Id. §10.
Awards to per-
sons who have
made assess-
IºnentB.
Certificates of
awards to be
filed,
flection not to
apply to certain
assessments.
1880, ch. 550, $9.
Lien of assess-
Inents not wa-
cated, etc., not
to be disturbed.
Id. $18.
provided, by such majority, shall be valid and effectual for every
purpose of said sections of this title.
§ 911. The said commissioners shall award such relief as in
their judgment is just and equitable in view of the circumstances of
each case brought before them by the notice aforesaid, and shall
determine what relief, if any, is to be awarded in respect of each
lot or parcel of land, and what reduction, if any, is to be allowed
upon such lot or parcel, and thereupon they shall file in each case
a certificate, signed by a majority of the said commissioners, in the
department of finance in said city, specifying the relief awarded by
them, and upon such filing the assessment on each lot or parcel
shall be revised, modified, or vacated, as in said certificate specified,
and the amounts fixed by such certificate, with interest thereon from
the date thereof, and no more, shall thereafter be the extent of the
lien upon such lots or parcels in respect of such assessment.
§ 912. Whenever, prior to June ninth, eighteen hundred and
eighty, any assessment for any local improvement imposed upon
any particular lot or lots has been paid in whole or in part, and
the assessment for such local improvement upon any other lot or
lots shall be vacated, revised, or modified by the commissioners as
herein authorized, it shall be the duty of said commissioners to
award and adjudge to the person or persons by whom such payments
have been made, their legal representatives or assigns, an amount.
equal to the amount of reduction to which such parties would have
been entitled if they had not made such payment, the amount of
which award shall be proportionately equal to the reduction upon
other lots so revised or modified as aforesaid. The said commis-
sioners shall file in the finance department certificates in each case
showing the amount of such awards, and the persons to whom the
same are made ; and the amounts thereof respectively shall there-
upon become a charge against the mayor, aldermen, and commonalty
of the city of New York in favor of the respective persons to whom
the same shall be made as aforesaid, and shall be provided for by
the issue of assessment bonds of said city. Nothing in this section
contained shall be held to apply where less than one-half of the
entire expense of the improvement assessed upon all the property
deemed to be benefited thereby, exclusive of such portion of the
expense of the improvement imposed upon said city or its prop-
erty, remained on the first day of May, eighteen hundred and
eighty, a lien or apparent lien upon said property deemed to be
benefited.
§ 913. The lien of any assessment specified in section nine
hundred and two, not vacated, reduced, or set aside in any pro-
ceeding or action in said section mentioned, or not vacated, revised,
or modified by the said commissioners pursuant to the provisions.
of this title, shall not be disturbed, modified, or vacated except in
the manner and to the extent provided in section nine hundred and
three.
§ 914. None of the provisions of sections nine hundred and six
to nine hundred and thirteen, inclusive, shall apply to any reassess-
ment hereafter made or imposed for any local improvement for
which an assessment has been or shall be vacated in whole or in
part.
THE CLERK OF ARREARS. 281
Title 4.—Sales of Land ſor Taxes, Assessments, and Water Rates.
§ 915. All taxes and all assessments for city improvements, and
all regular Croton water rents, and the interest and charges thereon,
which may be laid, or have heretofore been laid, upon any real
estate in the city and county of New York, shall be and continue to
be, until paid, a lien thereon, and shall be preferred in payment to
all other charges. No assessment for any city improvement shall
be deemed to be fully confirmed, so as to be due and be a lien upon
the property included in the assessment, until the title thereof, with
the date of confirmation by the supreme court, or by the board of
revision and correction of assessments, as the case may be, shall
be, with the date of such entry, in a record of the titles of assess-
ments confirmed, to be kept in the office of the bureau of the clerk
of arrears.
§ 916. It shall be the duty of the comptroller to give public
notice by advertisement, for at least ten days, in the City Record,
immediately after the confirmation of any assessment for a local
improvement, that the same has been confirmed, specifying the title
of such assessment, and the date of its confirmation by the board
of revision and correction of assessments, and also the date of
entry in the record of titles of assessments kept in the bureau for
the collection of assessments and of arrears of taxes and assess-
ments, and of Croton water rents, notifying all persons, owners of
property affected by any such assessment, that, unless the amount
assessed for benefit on any person or property shall be paid within
sixty days after the date of said entry of any such assessment,
interest shall thereafter be collected thereon as provided in the fol-
lowing section; and all provisions of law or ordinance requiring
any other or different notice of assessments and interest thereon
are hereby repealed.
§ 917. If any such assessment shall remain unpaid for the
period of sixty days after the date of entry thereof in the said
records of titles of assessments, it shall be the duty of the officer,
authorized to collect and receive the amount of such assessment, to
charge, collect, and receive interest thereon, at the rate of seven per
centum per annum, to be calculated from the date of such entry to
the date of payment.
§ 918. Interest shall hereafter be charged and collected at the rate
of seven per cent. per annum on all arrears of taxes and assess-
ments 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 by section nine hundred and twenty-three
until paid. The provision of this title relating to the rate of in-
terest shall apply to taxes, assessments, or Croton water rents
remaining unpaid and due, for the non-payment of which the lands
and tenements liable therefor shall have been sold since the six-
teenth day of March, eighteen hundred and eighty-one, or shall
hereafter be sold at public auction ; but such provisions shall not
be construed to affect the rights of purchasers at sales for taxes,
assessments, or Croton water rents, made before March sixteenth,
eighteen hundred and eighty-one, or to authorize the redemption
1871, ch. 381, $1,
Comp. 578,
Taxes, ar'Bess-
ments and
water rents to
be a lien upon
ands.
Confirmation of
a88c35ments,
how ontered.
(6 N. Y. 622; 39
N. Y. Superior.
255; 54 N.Y.
186.
ºl, ch as sº,
Comptroller to
publish notice
of confirmation
of assessment,
etc.
Interest to be
charged if not
paid within
sixty days.
1853, ch. 579, $15,
Comp. 582.
1881, ch. 33, §3.
Interest to be
charged.
282 THI) CLERK OF ARREATES.
1871, ch. 881, $19,
Comp. 579.
Apportionment
Of a SSGSSImCInts.
ASSessments
Fº in year-
y installments
of five per
centum of
whole amount.
1881, ch. 544, §§1,
Persons as BeSH-
ed may pay
whole amount.
Amount to be
decnned due on
judicial Bale.
Apportionment
Of 888é88Iment,8.
1853, ch. 579, $9,
as amendcd,
1854, ch. 335, $1,
Comp. 581.
of lands and tenements from sales theretofore made for any lesser
sums than the sums collectible for such redemption under the pro-
visions of laws then existing.
§ 919. If a sum of money in gross has been or shall be assessed
for city improvements upon any lands or premises in the city of
New York, any person or persons claiming any dividend or undi-
vided part thereof may pay such part of the sum of money so
assessed, also of the interest and charges due or charged
thereon, as the comptroller may deem to be just and equitable ;
and the remainder of the sum of money so assessed, together with
the interest and charges, shall be a lien upon the residue of the land
and premises only, which residue may be sold in pursuance of the
provisions of this act, to satisfy the residue of such assessment,
interest or charges, in the same manner as though the residue of
said assessment had been imposed upon the residue of said lands
or premises.
§ 920. The assessment for benefit in all proceedings º OJOl
the sixteenth day of June, eighteen hundred and eighty-one, or
thereafter commenced or to be commenced to acquire title to lands
in the twelfth ward, north of One Hundred and Fifty-fifth street,
and the twenty-third and twenty-fourth wards, for a street, avenue,
or public place, or for the opening or widening thereof, and all
assessments levied for grading, regulating, paving, and sewers in
said territory, and all assessments heretofore levied therein for any
of said purposes, shall be payable in yearly installments of five per
centum of the whole amount of each of such assessments, together
with seven per centum interest on the whole amount unpaid in any
year, which yearly installment and interest shall be levied and col-
lected with the annual taxes upon the property so assessed, and
payment thereof enforced in the same manner as such taxes and
with the same penalties. Any person whose property is assessed
for any of the purposes specified in this section may pay the whole
of such assessments and all the interest due thereon at any time.
The amounts assessed each year upon the several parcels of land
assessed for any of the aforesaid purposes and all arrears so assessed
shall as between vendor and vendee or upon a judicial sale thereof
be deemed the amount due on such assessment upon each parcel,
unless otherwise expressed in writing between the parties. The
said comptroller is directed, upon the application of any owner of
any part of a parcel embraced in a single assessment, to apportion
the amount to be assessed against such part and the remainder of
such parcel and payment of the sums so apportioned of the yearly
portion thereof provided for in this section shall discharge such
part from the lien of said assessment.
§ 921. The commissioner of public works shall annually, on the
last day of the month of April, cause to be prepared and trans-
mitted to the clerk of arrears a separate account, for each ward, of
all lots in which the regular rents for that water year may remain
unpaid, with the amount due on each lot, 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 certificate be remitted by the
clerk of arrears at any time before settlement.
|
WATER RENTS. 283
$922. 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.
§ 923. There shall be ruled in the yearly assessments rolls for
taxes of each ward, a 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 may be due, the
amounts due for “regular rents '' for water, as transmitted to him
by the commissioner of public works in accordance with law, and
the same shall be collected at the same time, and in the same
manner, with the taxes to which they shall be added.
§ 924. There shall be ruled in the yearly assessment rolls of the
taxes in each ward a 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 assess-
ments, taxes, or regular rents of Croton water, and yet be re-
deemable.
§ 925. There shall be ruled a column headed “arrears,” in every
bill rendered for taxes, for lots on which said arrears for assess-
ments, taxes, or taxes with “regular rents, ’’ for Croton water
added, may be due as aforesaid, or which may have been sold and
yet be 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 the duty of the
receiver of taxes to cause a record to be kept of the ward numbers
of all lots so noted in said bills as in arrears, or sold, when said
bills are presented for settlement, and at the bottom of said bills
shall be printed “The column for 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.”
§ 926. Whenever any tax on lands or tenements, or any assess-
ments on lands or tenements for city improvements, shall remain
unpaid for the term of three years from the time the same shall
have been confirmed, and also whenever any regular rents for
Croton water for said city shall have been due and unpaid for the
term of four years from the time the same shall have been due, it
shall and may be lawful for the clerk of arrears, under the direction
of the comptroller, to advertise the said lands and tenements or
any of them for sale, and by such advertisement the owner or
owners of such lands and tenements respectively shall be required
1858, ch. 579, $11,
Comp. 581.
Rocciver of
taxes.
1853, ch. 579, §10,
Comp. 581.
Water rents.
1853, ch. 579, §12,
Comp. 582. .
Arrears.
Id. §13.
Arrears.
Record to be
kept, of lots in
arrears or sold.
1871, ch. 381, $3,
Comp. 573.
Lands for un-
paid taxes, as-
sessments, and
Water remts,
Notice thereof
by advertise-
ImCnt.
284 WATER RENTS.
to pay the amount of such tax, assessment, or Croton water rents so
remaining unpaid, together with the 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 clerk of arrears,
and notice shall be given by such advertisement that if default shall
be made in such payment such lands and tenements will be sold at
Manner of sale, 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, assess-
ment, or Croton water rents, as the case may be, and the interest
thereon as aforesaid to the time of 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, assessment, or Croton water rents, with the interest as afore-
said, and the charges attending such notice and advertisement, then
it shall and may be lawful for the said clerk of arrears, under the
direction of 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 advertisement, and such sale
shall be made on the day and at the place for that purpose men-
tioned in the said advertisement, and shall be continued from time
to time, if necessary, until all the lands and tenements so adver-
Delivery of tised shall be sold ; and the said clerk of arrears shall give to the
;.” purchaser or purchasers of any such lands and tenements a
certificate, in writing, describing the lands and tenements so pur-
chased, the term of years for which the same shall have been sold,
the sum paid therefor, and the time when the purchaser will be
Notice of sale, entitled to a lease for the said lands and tenements. But no houses
how published. º tº º *
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, assessment, or Croton water rents
which may be due thereon, unless notice of such sale shall have
been published once in each week successively for three months, in
the City Record, or, when authorized pursuant to section sixty-six
of this act, in ten of the daily newspapers printed and published in
said city, which advertisement shall contain, appended to said
notice, a particular and detailed statement of the property to be
sold for taxes, assessments, or Croton water rents; or the said
detailed statement and description, instead of being published in
the City Record or in a newspaper shall, at the option of the said
Pamphletcopies comptroller, be printed in a pamphlet ; in which case copies of the
; : "... pamphlet shall be deposited in the office of the bureau of the clerk
deposited. of arrears, 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 taxes, assessments, or Croton
water rents, and the ownership of the property taxed, assessed, and
on which the Croton water rents are unpaid, is published in the
City Record or in one of the daily papers, naming the same, or in a
pamphlet, as the case may be, and that copies of the pamphlet are
deposited in the office of the bureau of the clerk of arrears, and will
be delivered to any person applying for the same. No other notice
or demand of the tax, assessment, or Croton water rents shall be
ADWERTISING SALES FOR TAXES. 285
required to authorize the sale of any lands and tenements as here-
inbefore provided.
§ 927. In advertising houses and lots and improved or unim-
proved lands, to be sold for the non-payment of taxes and assess-
ments, or Croton water rents, it shall be the duty of the said clerk
of arrears 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, but he may sell
separately the said houses and lots as the same may have been
assessed.
§ 928. It shall be lawful for the comptroller to suspend or post-
pone any sale or sales of lands and tenements or any portion thereof
which shall have been advertised for sale, to any time not exceed-
ing fifteen months from the day specified in any such advertisement.
All sales which shall be so postponed or suspended shall be made
without further advertisement, other than a general notice of such
postponement, to be published in the City Record or, when author-
ized pursuant to section sixty-six of this act, in two or more of
the daily newspapers in the city of New York, at least once a week
until the time of sale, and such sale, when made, shall be as valid
and effectual as if the same had taken place at the time for that
purpose first advertised.
§ 929. The clerk of arrears or his assistant shall conduct the
sales hereinabove provided to be made, and no auctioneer other
than said clerk or his assistant shall be employed to make such
sale, and no auctioneer's fees shall be charged thereon. Certificates
of sale shall be made and delivered to the purchaser without charge.
§ 930. All sales of land situate in the twenty-third or twenty-
fourth wards for unpaid taxes levied in any year prior to eighteen
hundred and seventy-four, shall be made by the treasurer of the
county of Westchester. The said treasurer is authorized to take
the same proceedings for the sale of lands for unpaid school taxes
.*. upon property in the towns of Morrisania, West Farms,
and Kingsbridge, as formerly constituted, which remained uncol-
lected at the time when the returns of the receiver of taxes of the
towns of Morrisania and West Farms and the collector of taxes of
the town of Kingsbridge were made in the year eighteen hundred
and seventy-three to said treasurer; and he is authorized to sell the
same in the manner provided by law for such proceedings and sales
in the county of Westchester.
§ 931. It shall be lawful for the clerk of arrears, at any sale of
lands and tenements in the city and county of New York for taxes,
assessments, or Croton water rents, to bid in, for the mayor, alder-
men, and commonalty, every lot and premises so put up for sale for
which no person shall offer to bid, and certificates of such sales
shall be made by the said clerk of arrears to the said mayor, alder-
men, and commonalty, in form and manner as is prescribed in the
section nine hundred and twenty-six. All such purchases shall be
subject to the same rights of redemption as purchases by individ-
uals; and if the lands and tenements sold shall not be redeemed, or
shall not have been assigned, the comptroller of the city shall exe-
cute a lease therefor to the said mayor, aldermen, and commonalty,
with the same effect as in cases of leases to individuals in this title
provided.
1871, ch. 381, $8,
Comp. 576.
Contiguous lots,
when to be ad-
vel tised as one
parcel.
1841, ch. 171, $3,
Comp. 604.
ºl. ch. 381, §§5,
Čomp. 576.
Postponement
of sales.
Notice of post-
ponement, how
published.
1873, ch. 381, $22,
Comp. 579.
No auction fees
allowed.
Id. $9.
Comp. 578.
1873, ch. 613, §7,
as amended
1874, ch. 329, $7,
Comp. 595.
Sales of certain
lands for unpaid
taxes to be made
by the treasurer
of Westchester
CO.
1871, ch. 381, §10,
Comp. 576.
Lands to be bid
in for city, in
absence of
bidders,
Rights of re-
demption,
286 SALES FOR TAXIES.
Id. §11.
Purchase of
lands by city,
when and how
assigned.
1878, ch. 613, §7,
as amended,
1874, ch. 32), $7,
rºy
Comp. 597.
When towns
have become en-
titled to certifi-
cate of sale, etc.,
the same to be
delivered to the
city comptroller
1871, ch. 381, $12,
Comp. 577.
Redemption of
lands purchased
by city.
Service of
notice, in case
of conveyance
to city.
1819, ch. 69, §§1,
2, Comp. 1155.
Certain un-
claimed lands to
be taken posses-
sion of.
§ 932. It shall be the duty of said clerk of arrears, in all cases
of purchases of lands and tenements by the said mayor, aldermen,
and commonalty for taxes, assessments, or Croton water rents, to
assign any and all 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 his or her paying to the said clerk of
arrears, for the use of the said mayor, ... and commonalty,
the purchase money, with seven per cent, interest thereon. The
person so receiving the assignment shall be entitled, upon the
redemption of the property, to receive the amount so paid by him
or her to the said mayor, aldermen, and commonalty, with interest
from the time of such payment at the rate and in the same manner
as if he or she had purchased the property at a sale for taxes,
assessments, or Croton water rents.
§ 933. In all cases where lands within the twenty-third or
twenty-fourth wards have been heretofore, or may hereafter be,
sold by the county treasurer of Westchester county for unpaid
taxes, and which lands have been bid in by said treasurer in the
name of the respective towns now embraced in said wards, and said
towns have become entitled to a certificate of sale, lease or leases of
said lands, such certificate of sale, lease or leases shall be executed
and delivered by said county treasurer to the comptroller of the
city, and the said comptroller is hereby authorized and empowered
to assign such certificate of sale, lease or leases to the owner or
owners of the lands which have been sold as aforesaid, upon such
owner or owners paying to him the amount of such tax 㺠interest
as provided by the laws under which such sales were made, together
with all charges accrued thereon, and the moneys so received shall
be paid by the comptroller to the contingent fund of said city.
§ 934. In all cases of lands and tenements purchased by the said
mayor, aldermen, and commonalty for taxes, assessments, or Croton
water rents, in which the same shall not have been assigned as here-
inbefore provided, any person claiming title to such lands and tene-
ments, or any other person, may redeem the same in like manner
and to the same effect as in cases of individual purchases, by pay-
ing, 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 and all expenses which
shall have accrued since the sale ; and in all cases where lands and
tenements shall be conveyed to the said mayor, aldermen, and com-
monalty pursuant to the provisions of this title, it shall be the duty
of the said clerk of arrears, in the name of the said mayor, alder-
men, and commonalty, to cause notices to be served in the manner
in this title provided.
§ 935. It shall be lawful for the mayor, aldermen, and common-
alty, 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 same 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
SALES FOR ASSESSMENTS. 287
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 com-
monalty, over and above all the rents, issues and profits which may
be received by the mayor, aldermen, and commonalty for or on
account of the rents, issues and profits of any such premises;
rovided always, that the said mayor, aldermen, and commonalty
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 pos-
session of their said premises; and 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. The mayor, aldermen and commonalty 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 over and above the amount of all taxes and assess-
ments 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 this section, and as shall not
exceed two-thirds of the value of said lots of land.
§ 936. In cases of sales of real estate for the non-payment of
taxes or assessments it shall be the duty of the clerk of arrears,
sixty days before the time limited by the law for the redemption of
any real estate from the effect of such sales, to cause notice to be
given to all mortgagees of the real estate so sold, their assignees or
personal representatives, and to all owners, lessees, or persons .
otherwise interested, or their legal representatives, who shall at any
time, at least one month 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 and of such real
estate containing a brief abstract, designating the property, with
the street number, if there be any, or such definite description or
diagram as will enable the said clerk of arrears 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 represented.
§ 937. Such notice shall be given by putting into the post-office
in the city of New York, directed to such mortgagees, assignees, or .
personal representatives, at their places of residence, if known to
the clerk of arrears, 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 term of years and the amount for which
the same shall have been sold, and the day or days on which the
time limited for the redemption of the property will expire, with
a notice that unless the property shall be redeemed on or by such
days, by the payment of the sums for which the same were sold,
with all interest and expenses allowed by law, that leases will be
City to account
for rents, etc.
1843, ch. 280,
art. 3, §12,
Comp. 570.
1843, ch. 2 5, §5,
Comp. 583.
1841, ch, 170, $1,
Comp. 602.
1843, ch. 589, §8,
OImp, ſ.S.)
p. (.89.
1841, ch 280, $1,
Comp. 603.
Street commis-
sioner to notify
mortgagees.
1741, ch. 170, $2
603 *
Omp. 603,
1843, ch. 235, §5,
Comp. 584.
Notice, how to
be sent to mort-
gagecS.
288 - LEASES TO PURCHASERS.
1843, ch. 280,
art. 3, §14,
Comp. 571.
1841, ch. 230, $3,
Comp. 603.
Proof of Such
service.
Id. §§15, 16.
Id. §§4, 5.
Register to
record memo-
randum.
His fees.
Id. $17, Id. §6.
Right to redeem
lands within
two years.
1871, ch. 381, $4,
Comp. 575.
Notice as to re-
demption of
lands after sale.
5 Daly, 347.
Execution of
lease to pur-
chasers.
given to the purchasers, in accordance with the statute in such
case made and provided.
§ 938. An affidavit of the service of such notice as is required
in the two preceding sections, 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 sig-
nature of such register, shall be evidence of the fact of such
notice.
$939. It shall be the duty of the said register of deeds to 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. The said register shall be entitled to receive twenty-five
cents for registering the memorandum of each mortgage, as above
provided.
§ 940. Such mortgagees or their assignees or personal represen-
tatives, and such owners, lessees, or persons otherwise interested,
or their legal representatives, shall be entitled to redeem the prop-
erty sold from the effect of such sale, at any time within two years
from the date of such sale, and such mortgagees, assignees, or per-
sonal representatives shall have a lien on the property for the
amount paid, with the interest which may thereafter accrue
thereon, at the rate of seven per centum per annum, in like manner
as if the same had been included in such mortgage.
§ 941. The clerk of arrears, under the direction of the comp-
troller of the city, shall cause an advertisement to be published at
least twice in each week, for six weeks successively, in one of the
daily newspapers printed and published in the city, in such form
as he shall deem best calculated to give notice of such sale, that
unless the lands and tenements sold be redeemed by a certain day,
they will be conveyed to the purchaser. If the person or persons
claiming title to the said lands and tenements, or some other per-
sons, shall not, within two years from the date of the before-men-
tioned certificate, pay to the said clerk of arrears, for the use of the
urchaser or purchasers, his, her, or their heirs, executors, admin-
istrators, or assigns, the sum mentioned in such certificate, together
with the interest thereon, at the rate of fourteen per centum per
annum, from the date of such certificate, the said comptroller, in
the name of the mayor, aldermen, and commonalty, at the expira-
tion of the said two years, shall execute to the purchaser or pur-
chasers, his, her, or their heirs, executors, administrators, or
assigns, a lease, under the common seal of the city, of the lands
and tenements so sold for such term of years as the same shall
have been sold, and the execution thereof shall be witnessed by the
clerk of arrears. At the time of receiving the lease the purchaser
shall pay the sum of two dollars and fifty cents to the clerk of
arrears for the expense of drawing said lease, and also the expense
of advertising the notice to redeem ; and all such leases executed
by the said comptroller and witnessed by the clerk of arrears shall
be presumptive evidence that the sale and all proceedings prior
thereto, from and including the assessments on said lands and ten-
ements, for taxes or assessments or Croton water rents, and all
notices required by law to be given previous to the expiration of
the two years allowed to redeem, were regular and according to the
REDIEMPTION OF LAND SOLD FOR TAXES. 289
provisions of the statute in such cases made and provided ; and
such purchaser or purchasers, his, her, or their heirs, executors,
administrators, or assigns, shall, in virtue thereof and of this title,
lawfully hold and enjoy the said lands and tenements in said lease
mentioned for his, her, or their own proper use against the owner
or owners thereof, and all claiming under him, her, or them, until
such purchaser's term therein shall be fully complete and ended ;
and the said purchaser or purchasers, his, her, or their heirs,
executors, administrators, or assigns, shall be at liberty to remove
all the buildings or materials which he, she, or they shall erect or
place thereon during the said term, within one month after the
expiration of the said term, but leaving the lands and tenements,
with the streets fronting the same, in the order required by the
regulations of the common council; provided, that such lease shall
not be executed and delivered until the expiration of six months
after the publication of the notice last herein above mentioned.
§ 942. In all cases where pieces or parcels of land shall have
been sold for taxes, and any person shall claim to redeem any por-
tion 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 apportion-
ment to be made by the comptroller. &
§ 943. Whenever any lands or tenements sold for taxes, assess-
ments, or Croton water rents, and conveyed as in this title provided,
shall at the time of conveyance be in the actual occupancy 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 owning the property so conveyed, whether the property be
in occupancy or not, provided such owner resides in the city of New
York, or in any adjoining county; in case the owner does not reside
in the city of New York, or in an adjoining county, said notice shall
be sent to his or her post-office address by mail. All such notices
shall state in substance the sale and conveyance, the person to
whom made, and the amount of consideration money mentioned in
the conveyance, with the addition of forty-two per centum on such
amount as the said lands or tenements were struck off for at the
time of the sale, and the further addition of the sum paid for the
lease and advertisement ; and stating, also, that unless such con-
sideration money, and the said forty-two per centum together with
the sum paid for the lease and advertisements, shall be paid to said
clerk of arrears, for the benefit of the grantees, within six months
after the service of such notice, the said conveyance will become
absolute, and the owner, occupant, and all others 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. And no conveyance made in pursuance of this title shall
be recorded until the expiration of such notice, and the evidence
of the service of such notice shall be recorded with such convey-
3,1] C(3.
§ 944. Such notice shall be served personally or by leaving the
Same at the dwelling house of the occupant and of the person own-
ing the property conveyed, with any person of suitable age and dis-
Rights of pur-
chasers holding
leases.
Removal of
buildings upon
cxpiration of
leases.
Leases when to
188lle,
1843, ch. 230,
art. 3, §11,
Comp. 570.
1871, ch. 881, $13,
Comp. 577.
Service of notice
in case of occu-
pied lands.
See 1841, ch. 230,
§§3, 4.
y
Notice to be
mailcd to non-
resident owners.
Proof of Service
of notice to be
recorded with
Conveyance.
Id. §14,
Comp. 578.
Manner of Serv-
ing notices.
e
19
290 REDEMIPTION OF LAND SOLD FOR TAXES.
Id. $15.
Affidavit of
service of
notice, how
filed.
Id. §16.
Certificate of
comptroller and
effect thereof.
1871, ch. 381, $17,
Comp. 578.
Redemptions,
when to be
made.
1843, ch. 230,
art $1ſ)
Comp.376.
Rate of interest
to be allowed.
Id. $18,
Comp. 579.
Certificate of re-
demption.
1871, ch. 381, $7,
Comp. 576.
Delivery of
lease in case of
loss of certifi-
Cate.
Registry of cer-
tificate.
1845, ch. 579, $16,
Comp. 582.
Clerk to furnigh
cretion belonging to his or her family, and the name of the person
on whom served, shall be stated in the affidavit of service hereinafter
mentioned if the same can be ascertained, and if served by mail,
shall state the time when the same was mailed.
§ 945. In every such case the grantee, or the person claiming
under him, in order to complete his title to the land conveyed, shall
file with the said clerk of arrears an affidavit of some person resid-
ing in the city of New York, who shall be certified as credible b
the officer before whom such affidavit shall be taken, that º
notice was duly served, specifying the time of service, the mode
and manner of service, and a copy of such notice shall be attached
thereto.
§ 946. If the said comptroller shall be satisfied by such affidavit
that the notice has been duly served, and if the moneys required to
be paid for the redemption of such lands or tenements shall not
have been paid as hereinbefore provided, he shall, under his hand
and seal, certify to the fact, and the conveyance shall thereupon
become absolute, and the owner and all others interested in the
lands or tenements shall be barred of all right thereto during the
term of years for which the same shall have been conveyed.
§ 947. The owner, occupant, or any other person may, at any
time within the six months named in such notice, redeem the
said lands and tenements by paying such purchase money, with
the 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.
§ 948. The rate of interest allowed by law to the purchaser at
the time of redemption on the amount of the purchase money, shall
be reduced to fourteen per cent. per annum ; but no interest shall be
calculated on a less portion of time than one quarter of a year; and
in all cases where the property shall be redeemed during any frac-
tional 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.
$949. Upon such redemption, as provided for in the two pre-
ceding sections, the said clerk of arrears shall give to the person
redeeming, a certificate under his hand and seal, stating the pay-
ment, the year in which the sale was made, and showing what land
such payment is intended to redeem, and such certificate shall be
evidence of such redemption.
§ 950. Whenever any certificate given by the clerk of arrears,
as in this title provided, of lands sold shall be lost, the said comp-
troller may receive evidence of such loss, and on satisfactory
proof of the fact may execute and deliver a lease to such person
or persons who shall appear entitled thereto of the lands and
tenements described in the certificate, and may also, in his dis-
Cretion, require a bond of indemnity to the mayor, aldermen and
commonalty. All and each certificate shall be registered in the
record of sales to be kept in the bureau of said clerk of arrears,
and no transfer of such certificate shall be valid until registered in
said book.
§ 951. The clerk of arrears, upon the requisition of any person,
shall furnish a bill of all arrears of taxes, and of taxes with the
POARD OF STREET OPENING. 291
“regular rents” of Croton water added on any lot or lots, due prior lººt
to the first of June then last passed; and of assessments which tº "
shall have been due twelve months or over, including the amount 7 Daly, 544.
necessary to redeem it or them, if it or they have been sold for any
arrears as 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 lien8 on Lot to be tree
said lot or lots, shall forever free the said lot or lots from all liens ºn .
of taxes, or for taxes with the regular rents of Croton water added, ment of #.
or for regular rents of Croton water added to the taxes prior to the
first of June then last passed, 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.
§ 952. Fees for the searches to be paid into the city treasury, Id. $17,
shall be included in the bills mentioned in the preceding section, º, .
and shall also be charged for certificates which shall be given by sº
said clerk of arrears, respecting lots on which there may be no º
arrears when searchers are required ; the said fees to be regulated
by ordinance of the common council.
§ 953. There shall be kept in the office of the clerk of arrears ºl, chººl, $21,
a record of all sales made for taxes, assessments, and Croton water £º sales
rents, which record shall show the amount of the tax, the assess- ...”
ment, and the Croton water rents, a description of the premises ºff, and
sold, the date of the sale, the name of the person to whom sold, º' "
the term of years for which such property was sold, time of the
delivery of the lease, to whom delivered, and when the same shall
explce.
§ 954. It shall be the duty of the clerk of arrears to procure, Id, 522.
preserve, and register in his office, affidavits of the publication of ; how
all the notices by this title required to be published, and such affi-fegistered."
davits shall be presumptive proof of such publication in all the
courts of this state.
Title 5.-Opening Streets, Avenues, and Public Places.
§ 955. The mayor, comptroller, commissioner of public works, 1873, ch. 335,
the president of the department of public parks, and the president tºp gig.
of the board of aldermen, shall hereafter together form a board to
be known as “the board of street opening and improvement; ”
they shall keep full records of its proceedings, and shall have all
the powers and authority as to laying out, opening, widening, Board of street
straightening, extending, altering, and closing streets or avenues, or ºniº Powers
parts of streets or avenues, in that part of the city of New York "
South of Fifty-ninth street, which, on April thirtieth, eighteen hun-
dred and seventy-three, were in any manner otherwise conferred
292 STREET OPENING.
Notices to lay
Out new Streets
to be published.
Proceedings to
acquire title.
Quorum of
O81'(i.
1873, ch. 335, $7,
as amended,
1873, ch. 757, $9,
Comp. 283.
Department of
public works to
possess certain
powers.
1873, ch. 613, $14,
as amended.
1874, ch. 329, $14,
Comp, 615.
Commissioners
of public parks,
their powers as
to public parks,
8treef.8, etc.,
within annexed
territory.
and vested, or which relate to altering the map or plan of said city.
The said board are authorized and empowered, whenever they may
deem it for public interest so to do, after laying its proposed action
before the board of aldermen, and publishing full notice of the same
for ten days in the City Record, to alter the map or plan of New
York city so as to lay out new streets in said part of said city, and
from time to time to cause maps, showing the several streets or
avenues so laid out, opened, widened, straightened, extended,
altered, or closed by them, to be certified by them and filed, one in
the office of the department of public works of said city, and one
in the office of the counsel to the corporation of said city, and it
shall be the duty of the said counsel to the corporation, on the
filing of Said maps in his office, together with a requisition in writ-
ing of said board, immediately to take proceedings, in the name of
the mayor, aldermen, and commonalty of said city, to acquire title
for the use of the public to the land required for the stréets or
avenues so laid out, opened, widened, straightened, extended, or
altered, and for that purpose to make application to the supreme
court in the first judicial district, and in such manner as the said
board shall direct, for the appointment of commissioners of esti-
mate and assessment, indicating in such application the land
required for that purpose by reference to said maps on file as afore-
said ; and the proceedings to acquire title to such lands shall be had
pursuant to such acts as shall be then in force relative to the open-
ing, straightening, extending, widening, or altering streets, roads,
avenues, and public squares and places in the city of New York,
which said acts are hereby made applicable to the streets and
avenues, or parts of streets and avenues, so laid out, opened,
widened, straightened, extended, and altered, and to the proceed-
ings authorized hereby. A majority of said board shall constitute
a quorum, but the vote of a majority of all the members thereof
shall be necessary to any act of said board.
§ 956. The department of public works shall have and possess
all the powers and functions conferred upon the mayor, aldermen,
and commonalty, or any officer or department of said city in rela-
tion to the opening of streets, avenues, and roads, and public
places above Fifty-ninth street, except in the twenty-third and
twenty-fourth wards, and not embraced within the limits of or im-
mediately adjacent to any park or public place, except as in this act
otherwise provided.
§ 957. The department of public parks shall have the exclusive
power to locate and lay out all public parks, streets, roads and
avenues, and to devise plans for and locate all bridges and tunnels
within the twenty-third and twenty-fourth wards, and the said
department of public parks shall have exclusive power to establish
the widths and grades of all such streets, roads, and avenues, so
located and laid out, except as to such streets, roads, and avenues
within said territory as are laid down and established by the com-
missioners appointed under chapter eight hundred and forty-one
of the laws of eighteen hundred and sixty-eight, on a map of the
same, filed in the office of the register of the county of Westches-
ter, on the twenty-third day of February, eighteen hundred and
seventy-one, which streets and avenues, with the grades and lines
thereof as laid down on said map, are hereby confirmed and estab-
STREET OPENING. 293
lished, except so far as the same have been changed or modified by
law, subject, however, to be altered by said department of public
parks whenever it may deem such change required, and also except
that the several surveys, maps, plans, and profiles of streets, roads,
and avenues that shall have been made, laid out, filed, or adopted
by the department of public parks within the said wards, under any
law of this state authorizing the same, are hereby confirmed and
established, subject to be altered, however, in the same manner as
is provided, as to the survey and map of the town of Morrisania.
No street or avenue not laid out before May twenty-third, eighteen
hundred and seventy-three, shall be constructed through or upon
the depot or station grounds of any railroad or branch of the same,
then operated by steam within the said wards, unless with the con-
sent of the said railroad company. In all cases where proceedings
had, prior to said date, been commenced for the opening of any
streets, roads, or avenues within either of the said wards, the same
shall be continued and completed under the direction of the depart-
ment of public parks under the laws then in force in said wards for
opening or constructing the same. All proceedings hereafter to be
taken by the department of public parks to lay out any public
parks, to devise plans for and locate any bridges or tunnels, or to
locate or lay out any streets, sewers, roads or avenues within either
of said wards, shall be taken and prosecuted by the department of
public parks. The said department shall also possess the special
powers provided in section three hundred and thirty-nine.
§ 958. The department of public parks, for and in behalf of the
mayor, aldermen, and commonalty of the city of New York, are
authorized to acquire title for the use of the public, to all or any of
the lands required for the streets, avenues, and roads, public squares
and places laid out by them, in the twenty-third and twenty-fourth
wards of the said city of New York or any portion of said streets
avenues, roads, public squares and places in the said twenty-third and
twenty-fourth wards of said city, whenever it shall deem it for the
public interests so to do ; and such department may, for that pur-
pose, make application to the supreme court in the first judicial dis-
trict for the appointment of commissioners of estimate and assess-
ment, specifying in such application the lands required for that
purpose, and the proceedings to acquire title to such lands shall be
had pursuant to such acts as shall then be in force relative to the
opening of streets, avenues, roads, and public squares and places in
the city of New York, which said acts, so far as the same an e not
inconsistent with the provisions of this chapter, are hereby made
applicable to the streets, avenues, roads, public squares and places
so laid out or to be laid out by said department of public parks, in
the same manner and to the same extent as if the said streets, ave-
nues, roads, public squares and places had been originally laid
down as and for public streets, roads, avenues, squares and 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 third, one thousand eight hundred and seven, except that the
Said commissioners of estimate and assessment who may be ap-
pointed as herein provided, may assess for such opening all such
parties and persons, lands and tenements, as they may deem to be
No street to be
constructed
upon depot or
station ground
Of railroad.
1874, ch. 604, §4,
Comp. 1029.
Department of
parks may
acquire title.
Assessment for
benefits.
Proceedings
therefor.
2.94. STREET OPENING.
1874, ch. 604, §5,
Comp. 1030.
Compensation
for buildings,
etc.
Id. §6.
Damages, when
payable.
1871, ch. 534, §10,
Comp. 1025.
Title to 19 nds in
New York city,
how acquired.
Stroets and avo-
nucs, lands for
bridges, etc., to
remain in con-
trol of park
department.
benefited by such improvement, to the extent which said commis-
sioners of estimate and assessment deem sueh parties, persons,
lands and tenements benefited thereby, provided that as to streets,
avenues, or roads which shall be, in the opinion of the said com-
missioners of estimate and assessment, or a majority of them, more
than one mile in length, not more than one-half of the amount awarded
for damages, and of the expenses attending such opening, shall be
so assessed; the amount of such damages and expenses not so
assessed being hereby made a charge upon the city of New York,
to be paid as hereinafter provided. The moneys collected upon
the assessment of the commissioners of estimate and assessment
shall be paid into the city treasury. No compensation shall be
allowed for any buildings, erection, or construction which at any
time subsequent to the filing of the maps, plans, or profiles men-
tioned in section six hundred and seventy-two, may be built,
erected, or placed, in part or in whole, upon or through any street,
avenues, road, public square or place exhibited upon such maps,
plans or profiles. The damages awarded by commissioners of esti-
mate and assessment, shall become due and payable immediatel
upon the confirmation of the report of said commissioners of esti-
mate and assessment.
§ 959. The department of public parks for and in behalf of the
mayor, aldermen and commonalty of the city of New York are
authorized to acquire title for the use of the public to approaches
to bridges and tunnels, sites or lands above or under water for
bridges and tunnels, and sites or lands above or under water for all
improvements of the navigation of Harlem river and Spuyten
Duyvil creek that may be laid out or retained by them under
section six hundred and seventy-five, whenever it shall deem it to
the public interest so to do, and such department shall for that
purpose make application to the supreme court in the first judicial
district for the appointment of commissioners of estimate and
assessment, specifying in such application lands required for that
purpose ; and such proceedings to acquire titles to such lands shall
be had pursuant to such acts as shall then be in force relative to
the opening of public squares and places, streets, avenues and roads
in the city of New York, except that in such proceedings the depart-
ment of public parks shall act in lieu and in place of the mayor,
aldermen and commonalty of the city of New York, except also that
the commissioners of estimate and assessment who may be
appointed as herein provided, may assess for such openings and
land laid out and retained all such parties and persons, lands and
tenements as they may deem to be benefited by such improvements
to the extent which such commissioners deem such persons, parties,
lands, and tenements benefited thereby ; and it shall be the duty of
the counsel to the corporation to perform all the legal services
required of him in the proceedings authorized by this section
without any additional compensation beyond the salary and allow-
ances provided by law ; and the said streets, avenues, or roads,
approaches to bridges and tunnels, sites or lands above or under
water for bridges and tunnels, and sites or lands above or under
water for all improvements of navigation of Harlem river and
Spuyten Duyvil creek, as shall be laid out or retained by the depart-
ment of public parks, as aforesaid, shall immediately after the same
STREET OPENING. 295
are laid out and opened be and remain under the control and
management of the 㺠of public parks, as to the regulating,
grading and proper constructing and maintaining the same and all
the works pertaining thereto.
§ 960. It shall be the duty of the counsel to the corporation and
the proper authorities of the city, to take all necessary legal
measures to open, regulate and grade such parts of One Hundred
and Twenty-sixth street and One Hundred and Twenty-seventh
street, east of Second avenue, as have not heretofore been opened.
That portion of section nine hundred and ninety which allows a
discontinuance of the proceedings on the objection of persons rep-
resenting a majority in amount of the assessments and awards, shall
not apply to such proceedings. All motions, and applications for
the appointment of commissioners in said proceedings, 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. Upon the coming in
and confirmation by the said court of the report of the commissioners
appointed in said proceedings the commissioner of public works
shall forthwith proceed and actually open, regulate and grade said
streets.
§ 961. The corporation counsel and the department or board
having the direction or charge of opening streets, avenues, public *
parks or places in the city, are authorized and directed to take ali
necessary legal measures for the purpose of opening, extending,
regulating and grading, and for taking and acquiring lands necessary
for opening and extending Lexington avenue from Ninety-seventh
to Ninety-eighth street, and from Ninety-ninth to One Hundred and
Second street. All motions and applications for the appointment
of commissioners in said proceedings 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. Upon the coming in and confirmation
by the court of the report of the commissioners appointed in
said proceedings the commissioner of public works shall proceed
and actually open, extend, regulate and grade said avenue between
said streets. g
§ 962. It shall be the duty of the counsel to the corporation to
take the necessary legal means and proceedings to open as a street
the extension of Manhattan street, from Twelfth avenue westerly
to the established bulkhead line in the Hudson river, and all the
laws now in force in the city in relation to the opening and im-
provement of streets and avenues, and the payment and the assess-
ment of the expenses thereof shall apply to said street ; provided,
however, that the commissioners of estimate and assessment who
may be appointed in pursuance of this section, may assess for such
opening and widening, all such parties and persons, lands and tene-
ments which they may deem to be benefited by such improvement,
to the extent which said commissioners deem such parties, persons,
lands and tenements benefited thereby.
§ 963. Whenever and as often as the mayor, aldermen, and com-
monalty 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
1881, ch. 105.
Proper authori-
ties to open and
grade certain
streetS.
Motions.
i. ch. 469, §§2,
I,exington ave-
nue to be opened
graded, etc.
Motions, where
to be made.
When commis-
sioners to open
Street.
1881, ch. 523, §3.
Counsel of the
corporatiou to
take proceed-
ings to open
Manhattan
Street.
1813, ch. 86, $177,
Comp. 616.
Streets, avenues
a'id squares,
how to be
opened.
9 Paige, 16; 19
weni 878.
296 STREET OPENING.
1815, ch. 152,
©omp. 632.
1818, ch. 86, $178,
Comp. 617.
On apºlication
of corporation,
supreme court
to appoint three
commissioners
roads in the city of New York, and for other purposes,” passed April
third, eighteen hundred and seven, 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-fourth parts of all the lands fronting 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, ave-
nue, 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 compensa-
tion 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, be necessary
or desirable for the public convenience or health to lay out, form,
and open any street or streets, or public square or 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 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 for 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, subject to the provisions of this title, not-
withstanding it may become necessary for that purpose to remove
any building or buildings, or to take any lands, tenements, heredit-
aments, 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.
$ 964. Whenever and as often as any lands, tenements, heredita-
ments, or premises whatsoever shall he required for the said pur-
pose of opening any such public Square, place, street, or avenue, or
part or section of a street or avenue, in the said city of New York,
laid out by the commissioners aforesaid, under and by virtue of the
APPOINTMENT OF COMMISSIONERS OF STREET OPENING. 297
act in the last section mentioned, so to be opened, or for the said
purpose of laying out and forming or extending, enlarging, straight-
ening, 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 afore-
said, 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 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 esti-
mate and assessment, for the purpose of performing the duties
hereinafter in that behalf prescribed. Streets or avenues, or portions
thereof, which are continuations of each other in the same general
direction, and no others, may be embraced in the same proceeding
for the opening thereof, but the provisions of section three hundred
and forty-one of this act shall apply to all proceedings to open any
street, avenue or road therein referred to.
§ 965. The commissioners of estimate and assessment shall be
appointed as follows: The mayor, aldermen, and commonalty of
the said city shall give notice, by advertisement to be published in
in the City Record or, when authorized pursuant to section sixty-
six of this act, 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 this 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 per-
Sons, 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
mayor, aldermen, and commonalty 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 dis-
qualification, 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
to ascertain
damages, etc.
12 Wend. 203; 7
Hill, 175 ; 6 Abb.
27.; ; 60 N. Y. 26;
12 N. Y. 406; 53
N. Y. 202 ; 19
Wend. 678; 11
Wend. 154; 12
Abb. 107.
1880, ch. 579, $2
1879, ch. 518, $2,
Comp. 1034.
18°9, ch. 209, $2,
Comp. 629.
C. mmissioners
how appointed.
6 Abb. 273.
298 APPOINTMENT OF COMMISSIONERS OF STREET OPENING.
1813, ch. 86, §187,
. 630
Comp
Vacancy in
office Of Com-
missioner how
filled,
1813, ch. 86, $188,
Comp. 630.
Any two com-
missioners may
act.
1813, ch. 86, §178,
Comp. 618.
1813, ch. 86, §178,
Comp. 618.
Duty of commis-
Sioners.
19 Wend. 178.
1813, ch. 86, §178,
Comp. 618.
Estimate of
damage and
benefit.
12 Wend. 203 ;
49 Bar
b. 455 ; 6)
* & {
Y. 26 :
N. Y.
Wend
. 67
19
8, 681.
serve, then another shall be nominated in his stead by the same
arty.
§ 966. In case of the death, resignation, or refusal to act of any
such commissioner of estimate and assessment, to be appointed
under and by virtue of this title 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, as often as such event shall happen, to appoint a dis-
creet 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 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.
§ 967. In all and every case of the appointment of commission-
ers by the court aforesaid, for any of the purposes aforesaid, it
shall be competent and lawful for any two of such said commission-
ers 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. In all cases the acts, decisions, and proceedings of the
major part of such of the commissioners 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 commission-
ers named and appointed for such purpose had all concurred and
joined therein.
§ 968. The said commissioners, before they enter upon the per-
formance of the duties of their appointment, shall severally take
and subscribe an oath or affirmation, before some person authorized
by law to administer oaths, “faithfully to perform the trusts and
duties required of them by this title,” which oath or affirmation
shall be filed in the clerk's office of the city of New York.
§ 969. It shall be the duty of the said commissioners to view
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 or formed, or for the purpose of
extending, enlarging, straightening, altering, or otherwise improv-
ing the street or public place so to be extended, enlarged, straight-
ened, 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.
§ 970. They shall then 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 so required for the purpose, by and in consequence of
opening such public square or place, street, avenue, or part or sec-
tion of a street or avenue so to be opened, or by and in consequence
APPOINTMENT OF COMMISSIONERS OF STREET OPENING. 299
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 pub-
lic place so to be laid out and formed, or of such extension, enlarge-
ment, 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 open-
ing, laying out, and forming or extending, enlarging, or otherwise
improving the same. Whenever the commissioners are appointed
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 third, eighteen hundred and seven,
or for the purpose of opening, extending, enlarging, straightening,
altering, or otherwise improving any street, or part of a street, or
public place, in that part of the city not laid out into streets,
avenues, squares, and public places by the commissioners afore-
said, the said commissioners of estimate and assessment shall not,
in making their estimate and assessment of the value of the benefit
and advantage of the said operation, be confined to any definite limits,
but shall be and hereby are authorized to extend such estimate and
assessment to any and all such lands, tenements, hereditaments,
and premises as they may deem to be benefited by the said opera-
tion, and which they may judge expedient to 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 north of
Fifty-ninth street, the said commissioners of estimate and assess-
ment shall not be at liberty to extend such estimate and assessment
of the value of the benefit and advantage thereof to any lands, tene-
ments, hereditaments, or premises lying on either side of such
street or avenue, and beyond half the distance of the next street or
avenue thereto. But the commissioners who may be appointed for
acquiring title to any land south of Fifty-ninth street, for the pur-
poses of this section, may assess therefor all such lands and tene-
ments as they may deem to be benefited by such improvement,
and to the extent and amount which they may deem such lands and
tenements benefited thereby ; and provided further that, in case of
the opening of any street or avenue, or portions of any street or
avenue in said city, where the street or avenue, or portions thereof,
Sought to be opened shall have been laid down and shown upon
any general map or plan made and filed in pursuance with any law
of the state of New York, relative to the mapping and planning of
streets and avenues in said city, where no buildings for which com-
pensation can lawfully be made shall be taken, the assessment dis-
trict shall not extend beyond the centre line of the blocks adjacent
1816, ch. 81, $1,
Comp. 634.
49 Barb. 455.
JEstimate and
asses Sment to
cover all lands
benefited.
Proviso.
1873,ch.335, $105,
Comp. 613.
1880, ch. 579, $2.
300 COMMISSIONERS OF STIREET OPENING.
thereto, nor beyond the ends of the street or avenue, or portions
thereof, sought to be opened.
1880, ch. 579, §3, § 971. The owners of land and of all the estate therein embraced
‘...ºr within the lines of any street or avenue laid down and shown on
jº any such general map or plan, and comprising all the land within
incumbrance, said lines in an entire block in extent, may, without compensation,
etc. and at their own expense, convey all their right, title, and interest
therein, providing the same shall be free from incumbrance, to the
mayor, aldermen and commonalty of the city of New York, and
upon the delivery of such conveyances to the counsel to the corpo-
ration of said city, with the money necessary to record such con-
veyances, and affidavits made by all such owners to the effect that
the persons making them are the owners of the estates in such
lands so conveyed by them respectively, and stating their interests,
and that such estates in such lands are free of all incumbrances,
- together with abstracts of title, if desired by such counsel to the
Duty of counsel corporation, it shall be the duty of such counsel to the corporation
łº Corpor" to examine such conveyances and papers, and if such titles shall not
be rejected for good cause, by such counsel, he shall cause the said
conveyances to be recorded in the office of the register of the city
and county of New York, within sixty days after their delivery to
him, and file them with the comptroller of such city, and thereupon
After convey, the said the mayor, aldermen and commonalty of the city of New York
fº tº shall become vested with the title to said lands to the same effect
*** and extent as if they had been acquired by a proceeding taken for
the opening of that portion of said street or avenue ; after the mak-
ing and acceptance of such conveyances, no proceedings to open the
lands so conveyed shall be taken or maintained, nor shall the lands
fronting on that portion of the street or avenue so conveyed, and
extending to the centre of the block on either side of such portion
of said street or avenue so conveyed, be chargeable with any por-
tion of the expenses of opening the residue or any portion of the
residue of such street or avenue, except the due and fair proportion
of the awards that may be made for buildings as aforesaid.
1867, ch. 697, §7, § 972. If, at any time after the filing of the maps showing the
§nor laying out of streets, avenues, roads and public squares and places,
gº by by the department of public parks, the owner or owners of any plot
º of land bounded on all sides by streets, avenues, or roads, and not
laid out as and for a public square or place shall desire to subdivide
such plot, and give public right of way into or through such
plot, he, she or they may do so, by submitting two maps,
plans or surveys of such plot and of such proposed right of way,
showing the width, which shall not be less than thirty feet, and the
location, extent and direction of the same, and the proposed grade
therefor, to the department of public parks for approval; and if the
same shall be approved by said department, and the owner or
owners aforesaid shall immediately thereafter convey, in such form
as shall be approved by said department, the title to the land
required for such right of way, free and clear from all incumbrances,
unto the mayor, aldermen and commonalty of the city of New York,
in trust, as and for a public street, road or avenue, the same shall
from that time be and become an opened public street, road, or
avenue, the same as if it had been laid out and opened as other
streets, roads, or avenues are or ought to be ; and the maps, plans
STREET OPENING. 301
or surveys thereof and of the grades, therefor, shall immediately
thereafter be certified by one of the officers, of the department of
public parks to be designated for such purpose, and one of such
maps showing the width, extent and location of the streets, avenues,
roads, public squares and places so laid out and established, and
one of said maps showing the grades so amended or established,
shall be filed in and remain of record in the office of the department
of public works, and the others shall remain of record in the office
of the department of public parks.
§ 973. Whenever and as often as commissioners may be appointed
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 improve-
ments 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 any or either of the said public squares or
places, as altered by the legislature, the said commissioners of esti-
mate and assessment shall not, in making their estimate and assess-
ment 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 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 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, heredita-
ments, and premises so deemed benefited thereby, and the said com-
missioners 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.
§ 974. The commissioners appointed in pursuance of this title
shall complete said proceeding on their part within four months
from the time of their appointment, unless further time shall be
allowed by the supreme court.
1815, ch. 152, $1
Comp. 631.
Powers of the
commissioners
of estimate and
aSSessment ex-
tended.
1862, ch. 483, §1,
Comp. 665.
Limit of ap-
pointment.
302 STREET OPENING,
1839, ch 209, $3,
Comp. 640.
Report of com-
Imissioners.
1813, ch. 86, §178,
Comp. 619.
Report to in-
clude all lands
benefited.
1813, ch. 86, $178,
Comp. 622.
53 N. Y. 202; 56
How. 60.
Commissioners
to assess a part
of the value of
buildings on
corporation.
§ 975. It shall be the duty of the said commissioners in all cases
to report fully and separately to the said court the amount of loss
and damage, and of benefit and advantage to each and 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.
§ 976. In all cases, where any owner or owners, lessee or
lessees, party or person or persons who may be interested in or
entitled unto any lands, tenements, hereditaments, or premises, 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, or being within the
limits or district to which the said commissioners are, by the
preceding sections, allowed to extend their assessment, 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, it shall be the duty of the
said commissioners to estimate, 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, here-
ditaments, and premises wherein he, she or they may respectively
be so interested.
§ 977. It shall not be lawful for the said commissioners of
estimate and assessment to be appointed under and by virtue of
this title, to allow any sum or compensation whatsoever for any
building or buildings which at any time subsequently to the filing
of the maps mentioned in the fifth section of chapter one hundred
and fifteen of the laws of eighteen hundred and seven, 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, under and by virtue of the said last-mentioned
act ; but 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 afore-
said. It shall be lawful for the said commissioners of estimate and
assessment, if they shall deem it just and equitable under the cir-
cumstances to do so, but not otherwise, to assess any part not
exceeding one-third part of the estimated 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. 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, 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
STREET OPENING. 303
upon the said mayor, aldermen, and commonalty of the city of
New York.
§ 978. It shall be the duty of the commissioners in each case
appointed, to perform the duties relative to the opening, extending,
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 third,
eighteen hundred and seven, 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 regu-
lation of such street, or part of a street, or public 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 of the adjacent
street or streets, as to the elevation or depression thereof, after
such improvement. 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 pur-
pose 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 which will accrue, by and in consequence of such intended
regulation, to the respective owners, lessees, parties, and persons
respectively entitled unto or 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
eneral 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.
§ 979. It shall be lawful for the said mayor, aldermen, and
commonalty, at any time or times, either before or after the ap-
pointment of commissioners in the premises, for any of the pur-
poses aforesaid, to agree with the owners, lessees, parties, and
persons entitled unto or interested in the lands, tenements, heredit-
aments, and premises, that either will be benefited by or may be
required for the purpose of making the operation and improve-
ment intended to be made, or with any or with either of such
owners or other parties interested therein, for and about the ces-
sion 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
1816, ch. 160, $1,
Comp. 635.
Equitable esti-
mate and assegg-
ment to be
made.
1813, ch. 86, §178,
Comp. 624.
Corporation
may agree with
parties interest-
ed for cession of
the land re-
quired for
Streets, etc.
304 AMOUNT OF ASSESSMENT.
1813, ch. 86, $178,
Comp. 623.
When lands
belonging to
corporation are
required for
aforesaid put-
poges, commis-
sioners are to
assess damages
for benefit in
the usual
In 8110T16 f.
1871, ch. 290, $9,
Comp. 648.
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 prem-
ises 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, hereditaments, and
premises so required for the purpose of making any such opera-
tion 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 mak-
ing such said operation and improvement, or to be benefited there-
by, concerning which the owners 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 matters comprised therein
as if no such agreement as to the part of the premises had been
made.
§ 980. If any lands, tenements, hereditaments, or premises
belonging to the said mayor, aldermen, and commonalty of the city
of New York, or wherein they may be interested, shall be required
for any of the purposes aforesaid, or shall be benefited by any
such operation and improvement as hereinbefore mentioned, the
said mayor, aldermen and commonalty shall be entitled to compen-
sation and recompense for the loss and damage they may sustain,
and shall be bound to allow 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 pur-
pose of making the said operation and improvement, or deemed to
be benefited thereby ; and it shall be lawful for the said commis-
sioners of estimate and assessment, and they are hereby directed
in such each and every case, to estimate and assess upon the prin-
ciples 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 or 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 and 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. It shall not, however, be lawful to lay or impose
IREPORT OF COMMISSIONERS. 305
any assessment whatever on any public park, Square, or place, or
street, road, or avenue, but all assessments which may be properly
payable by the mayor, aldermen, and commonalty shall be assessed
against them in a gross sum in each and every of such proceedings.
§ 981. Commissioners for 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, shall in no case assess any house, lot, improved or unim-
proved lands more than one-half the value of such house, lot, im-
proved or unimproved land as valued by the tax commissioners.
§ 982. In all cases where the whole of any lot or parcel of land
or other premises under lease or other contract, shall be taken for
any of the purposes aforesaid, by virtue of this title, all the cove-
nants, contracts, and 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 deter-
mine, 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 con-
firmed as aforesaid cease, determine and be absolutely discharged,
as to the part thereof so taken, but shall remain valid and obliga-
tory as to the residue thereof; and the rents, considerations, and
payments reserved or payable, and to be paid, for or in respect to
the same, shall be so apportioned as 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 recov-
erable, for or in respect of the same.
§ 983. It shall be the duty of the department or board having
the direction or charge of the opening of any street, avenue, or
public park or place, to furnish to the commissioners of estimate
and assessment, that may be appointed in any proceeding to open
any street, avenue, or public park or place in said city, such sur-
veys and maps as may be required by them in such proceeding.
The expense of such surveys and maps shall not be included in any
assessment in such proceeding. Such surveys and maps shall be
made by surveyors in the regular and stated employment of such
department. From the surveys and maps thus furnished, and such
other information as the said commissioners shall possess or ob-
tain, they shall cause diagrams to be prepared which shall distinctly
indicate by separate numbers, the names of the owners of, or
claimants to the respective tracts or parcels of lands 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 commission-
ers shall be unable to ascertain, with sufficient certainty, the name
of any owner of any parcel of said lands, they shall indicate such
parcel upon the diagram embracing it, and in their report as
belonging to unknown owners.
$.984. The said commissioners shall deposit with the com-
missioner of public works an abstract of their estimate and assess-
ment at least forty days before their report shall be presented to
Assessments
not to be im-
pobed on parks
9r 8quares, for
1Inproving
thereof.
1840, ch. 326, $7,
Comp. 644.
Amount at
which property
i8 to be assessed.
31 How. 42; 66
N. Y. 395 ;
14 Hum, i4; ii
Ilun, 381 ; 74
N. Y. 610; 55
How. 57; 75
N. Y. 354.
1813, ch. 86, $181,
Comp. 625.
Contracts be-
tween landlord
and tenant to
cease in certain
Cà8428.
19 Wend. 678;
45 N. Y. 102 ; 46
N. Y. 318;
8 Wend. 85.
1880, ch. 579, $1.
Surveys and
maps to be
furnished.
Expense of.
1862, ch, 483, $2
Comp. 655.
l)iagrams to be
prepared.
1862, ch. 483, §3
Comp. 655.
Abs, ract of
estimate, etc.,
20
306 REPORT OF COMMISSIONERS.
to be deposited
with commis-
sioner of public
WorkB.
13 Hun, 483.
1839, ch. 209, $4,
Comp. 640.
Publication of
notice,
1839, ch. 209, $5,
Comp. 640.
INotice of mak-
ing report.
1859, ch. 295, $4,
Comp. 644.
Reports may, .
not be altered in
certain Cà808.
1839, ch. 209, $5,
Comp. º
Objection to as-
geºgment.
49 How. 209;
13 Hun, 483;
16 Johns. 231 ;
1 Cow. 74 ;
19 Wend. 696.
1839, ch. 209, §6,
Comp. 641.
Witness, how
compelled to
testify.
said court for confirmation, which abstract shall be accompanied
by copies of the said diagrams, and which shall refer to the num-
bers 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 com-
missioners. They shall also deposit all the affidavits, estimates,
and other documents used by them in making their report. They
shall also publish a notice for thirty days in the City Record, and
when authorized pursuant to section sixty-six of this act, 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. Similar notice, for at least twenty days, shall be given of
any supplemental or amended report. &
§ 985. It shall not be lawful for commissioners of estimate and
assessment to alter or amend any report, or supplemental or
amended report, after the same shall have been deposited for
inspection as required by law, by increasing the amount of 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 oppor-
tunity of being heard before said commissioners before their report
shall be presented to the court for confirmation.
§ 986. Any person or persons whose rights may be affected by
the said estimate and assessment, and who shall object to the same
or any part thereof, may, within thirty days after the first publica-
tion 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 jº.
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 º
when and where any person or persons, who may consider them-
selves 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.
§ 987. Upon the application of any person or persons whose
rights may be affected by the said estimate or assessment, verified
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 the said esti-
mate 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 matter as he may know, touch-
REPORT OF COMMISSIONERS. 307
ing such objection, any one of the justices of the superior court
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 for-
feit 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.
§ 988. After considering the objections, if any, and making 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 in said notice.
§ 989. The said report shall consist of the diagrams hereinbe-
fore referred to duly corrected, when necessary, with a tabular
abstract of the estimate and assessment, with any corrections or alter- $.
ations thereof by said commissioners. In said report the commis-
sioners who shall make the same, shall set forth the names of the
respective owners, lessees, parties, and persons entitled unto or
interested in the said lands, tenements, hereditaments, and prem-
ises mentioned in the said report, and each and every part and par-
cel thereof as far forth as the same shall be ascertained by them,
and an apt and sufficient designation or description of the respec-
tive 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 as
to be laid out and formed, or so to be extended, enlarged, or other-
wise 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 ben-
efit as aforesaid. It 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. It shall also
Set forth the several and respective sums estimated and assessed as
and for the compensation and recompense or 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
1852, ch. 483, $4,
º 655.
10 Abb. N. S.
338.
Report to be
made to the
COurt.
1862, ch. 483, $4,
Comp. 656.
1813, ch. 86, §178,
ODmp. 621
ig Wend. 678.
The like as to
adjacent land
included in as-
8eSSment.
16 Abb. 56;
4 Sand. 50.
1862, ch. 483, $4,
Comp. 656. y
308 REPORT OF COMMISSIONERS.
Unknown
OW Il Gr8.
31 How. 42 ;
1 Abb. N. S. 30 ;
10 Wond. 578;
57 N. Y. 344 ;
81 N. Y. 436.
1839, ch, 209, §1,
‘Comp. 639.
Application for
confirmation of
;
1813, ch. 83, §178,
Comp. 621.
16 Johns. 231 ;
1 Cow. 74; 19
Wend. 690.
Proceedings,
when to be dis-
continued.
1813, ch. 86, §178,
Comp. 621,
Iteport to be
confirmed by
supreme court
or referred for
revisal.
61 Barb. 40 ;
8'Barb. 505 ;
7 Cow. 400.
Report con-
firmed to be
final and con-
clusive.
59 Barb. 205; 62
Barb. 671 : 53 N.
Y. 202; 1 Wend.
262; 55 How. 57;
3 Daly, 174; 3
Abb N. C. 372;
10 Abb. N. S.
338; 49 N. Y.
150 ; 50 N. Y.
493: 12 N. Y.
406; 11 Wend.
154; 27 N. Y.
188; 37 Barb.
357 ; 25 How.
258; 55 How. 57.
separately ; but in all and each and every case and cases where the
owners and parties interested, or their respective estates and inter-
est are unknown or not fully known to the said commissioners, it
shall be sufficient for them to estimate and assess, and to set forth
and state in their said report, in general terms, the respective sums
to be allowed and paid to or by the owners and proprietors gen-
erally 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, proprie-
tors, and parties interested in respect of the whole estate and inter-
est 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 open-
ing, 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 inter-
ests of such owners and proprietors and parties interested, or of
any or either of them.
§ 990. The application for the confirmation of the report shall
be made to the supreme court at a term thereof held in the city of
New York. Upon the coming in of the said report signed by the said
commissioners, or any two of them, and upon the hearing of the
application for the confirmation thereof, if persons who appear by
the said report to be interested, either by assessment for benefit or
award for damages, to 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 ;
otherwise the said courts shall, by rule or order, after hearing 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 same report corrected and revised, or a new report to be
made by them in the premises, to the said court without unneces-
sary 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, 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, and
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, or street, or avenue, or part or section of a
COMPENSATION FOR DAMAGES. 309
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 appro-
priated, converted, and used to and for such purpose accord-
ingly ; and thereupon the said mayor, aldermen, and commonalty, or
any person or persons acting under their authority, may immedi-
ately, 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 : In trust, nevertheless, that the same be
appropriated and kept open for, or as part of a public street, ave-
nue, 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 to be.
§ 991. Duplicate copies of said report, signed by the said com-
missioners, or any two of them, shall be filed by the counsel to the
corporation of said city, one in the office of the commissioner of
public works, and the other in the office of the clerk of the city and
county of New York.
§ 992. The said mayor, aldermen, and commonalty shall, within
four calendar months after the confirmation of the report of the
commissioners in the premises by the court, or within four months
after the expiration of the time or times which they may appoint in
accordance with law for carrying improvements into effect, 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
respectively ; and in case of neglect or default in payment of
the same within the time aforesaid, the respective person or persons,
or party or parties, in whose favor the 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, 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 com-
monalty, 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 title, for premises
taken for the purposes herein mentioned, 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.
§ 993. Whenever the owners and proprietors of any such lands,
tenements, hereditaments, and premises so to be taken for any of
the purposes aforesaid, or the party or parties, person or persons
interested therein, or any or either of them, the said owners, pro-
Prietors, 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, parties or persons entitled unto or
Corporation to
take possession:
of promises if
requirt d for
Streets, etc.
1862, ch. 483, $4,
Comp. 656.
1813, ch. 86. $183,
Comp. 625.
IDamages
awarded, when
to be º
B7 N. Y. 344;
46 N. Y. 318;
(57 Barb. 35 ;
C6 N. Y. 333;
1 Sween. 7.
813, ch. 86, §184,
Comp. 626.
Moneys of in-
fants, non com-
pos mentis,
femes covert,
etc., may be
paid into court.
57 N. Y. 344.
310 ASSESSMENTS FOR IMPROVEMENTS.
Recovery of
compensation
when paid
wrong party.
1813, ch. 86, $185,
Comp. 627.
Moneys expend-
ed, to be as-
geSBed upon per-
gons benefited.
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, or that would be coming to such owners,
proprietors, parties, and persons respectively, into the said Supreme
court, 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, as
if they had been known and had all been present, of full age, dis-
covert and compos mentis; and provided also, that in all and each
and every case and cases, where any such sum or sums, or compen-
sation, so as to be reported by the said commissioners in favor of
any person or persons, or party or parties whatsoever, whether
named or not named in the said report, shall be paid to any person
or persons, or party or parties whomsoever, 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, 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, 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.
§ 994. All the moneys which the said mayor, aldermen, and
commonalty shall pay, disburse, and expend, or become liable or
bound to pay, disburse, and expend, for cessions by agreement, and
in discharge or on account of the sums or estimates of compensation
and recompense 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 re-
port 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 title, for and about the
opening of any such public square 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 acqui-
sition 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 pro-
visions of this title 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 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
ASSESSMENTS FOR IMPROVEMENT8. 311
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, enlarge-
ment, 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 by the
board of assessors provided for in section eight hundred and sixty-
five of this act, upon and among all the owners, occupants, and
parties seized or possessed of, or interested in all the lands, tene-
ments, hereditaments, and premises not assessed by the said com-
missioners 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 to acquire thereby;
and the said assessors, after having made such estimate and assess-
ment, shall certify the same and make a return thereof in writing,
and the same, when ratified and confirmed, shall be binding and
conclusive upon the parties and persons so to be assessed, respec-
tively, 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 persons
whomsoever, for or on account of any lands, tenements, heredita-
ments, or premises included in the aforesaid report of the com-
missioners of estimate and assessment, and by them made the
Subject of their said estimate and assessment; but if any such party
or persons 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 be benefited as aforesaid, such party
or person shall be assessed therefor in proportion to the advantage
deemed to be acquired in respect to the same.
$995. As well as the respective sums so to be assessed by the said
assessors upon the owners, occupants, and parties seized or pos-
sessed of or interested in the lands, tenements, hereditaments, and
premises mentioned in the said certificate and return of them the
said assessors, as also the respective sums or assessments so to be y
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 benefited, for the benefit and advan-
tage 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, heredita-
ments, 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
A88eB8Inents
when con-
clubiye.
1813, ch. 86, $186,
Comp. 628.
Sums assessed
to be a lien on
premises ag-
sessed.
1 Hun, 1 ; 12 N.
. 140.
312 ASSESSMENTS FOR IMPROVEMENTS.
Or recovered by
action.
Persons paying
assessment for
others who
ought to pay
may recover
same back.
1815, ch. 152, $2,
Comp. 632.
Certain expen-
Bes to be plid by
#. corporation.
case may be, upon the said respective owners and proprietors
thereof, or parties interested therein. As well the said owners and
proprietors thereof and parties interested therein, and also the
occupants and each and every of them shall, moreover, be respec-
tively 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 where-
in 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. The said respective sums or assessments, with
such lawful interest as aforesaid, may be recovered with all costs.
and 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 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; provided that nothing herein
contained shall affect any agreement between landlord 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 provisions in this title contained
concerning the same had never been made ; and if any money so to:
be assessed, be paid by or collected or recovered from any person
or persons when 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 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.
§ 996. No such assessment as is directed in and by the preceding
section shall be made after the confirmation of the report of the
commissioners, in cases of the opening of 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 third, eighteen hun-
dred and seven, or any or either of the said public squares or
places, as altered by the Legislature, but all the excess and balance
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.
CHARGES OF COMMISSIONERS TO BE TAXED. 313
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 y. without any such assess-
ment and collection as is directed in and by section nine hundred
and ninety-four.
§ 997. It shall be the duty of the comptroller to give public
notice, by advertisement, for at least ten days, in the City Record,
immediately after the confirmation of any assessment for a street
opening, that the same has been confirmed, specifying the title of
such assessment, and the date of its confirmation by the supreme
court, and also the date of entry in the record of titles of assess-
ments kept in the bureau for the collection of assessments and of
arrears of taxes and assessments, and of Croton water rents, notify-
ing all persons, owners of property affected by any such assessment,
that, unless the amount assessed for benefit on any person or prop-
erty shall be paid within sixty days after the date of said entry of
any such assessment, interest shall thereafter be collected thereon
as provided in the following section ; and all provisions of law or
ordinance requiring any other or different notice of assessments and
interest thereon are repealed.
§ 998. If any such assessment shall remain unpaid for the period
of sixty days after the date of entry thereof in the said record of
titles of assessments, it shall be the duty of the officer authorized
to collect and receive the amount of such assessment, to charge,
collect, and receive interest thereon, at the rate of seven per centum
per annum, to be calculated from the date of such entry to the date
of payment.
$999. Whenever an estimate and assessment for loss and dam.
age and for benefit and advantage shall be made by the commis-
sioners of estimate and assessment relative to the same person or
persons, no interest shall be demanded from such person or per-
Sons 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.
§ 1000. No costs or charges to the said commissioners or others
shall be paid or allowed for any service performed under this title,
unless the same shall be taxed by the said court, who are required
to make or continue 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. The fees of such commissioners of esti-
mate and assessment, exclusive of necessary disbursements herein-
after mentioned, shall not exceed in the aggregate the sum of
twenty cents a foot for the lineal extent of the street or avenue or
the portion thereof so to be opened or altered; but when the assess-
ment district shall extend beyond the street or avenue lying nearest
to and having the same general direction as the street to be opened,
the fees of such commissioners of estimate and assessment may be
increased in the aggregate to not exceeding twenty cents for every
twenty-five hundred square feet of territory embraced in the assess-
ment district lying beyond the said nearest street or avenue ; but
1881,ch.33,S$4, 5,
Com) troller to
publish notice
of confirmation
of assessment,
etc.
Interest to be
charged if not
paid within
sixty days.
1839, ch. 209, $8,
Comp. 641.
Interest on
amo Int of as-
SeSSDment.
1839, ch. 209, §12,
Comp. 642.
Costs of Com-
missioners, etc.,
to be taxed.
1880, ch. 579, $1.
Commissit nerg
of estimate.
314 DISCONTINUING PIROCEEDINGS.
in any case such additional fees of said commissioners shall not
exceed ten cents for each lineal foot of the street or avenue or por-
Costs and tion thereof to be opened or altered. No costs, charges, or expenses
ºf s r. of any description shall be allowed in such proceeding, or charged
Comp & " " on any lands affected thereby, except the compensation of the com-
missioners as above limited and their necessary disbursements 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.
1862, ch. 483, §5, § 1001. A bill of said costs, charges, and expenses shall be filed
Comp. 656. g tº e gº &
§§§ts to with the commissioner of public works at least ten days before the
be filed. same shall be presented for taxation, and a notice of at least ten
days shall be published in two of the daily newspapers pub-
lished 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 confirm-
ation.
1854, ch. 122, $2, § 1002. All moneys paid under the provisions of this title by
gº, the mayor, aldermen, and commonalty aforesaid, shall be assessed
assessed.” equally and proportionately, 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 provided by law for the assessment, levy,
and collection of similar expenses and disbursements for the reim-
bursement of the city treasury.
1873, ch. 335,5105, § 1003. The board referred to in section nine hundred and fifty-
$º,":; five is authorized and empowered to discontinue any and all legal
£º proceedings taken for laying out, opening, widening, straightening,
be discontinued, extending, altering, or closing streets or avenues, or parts of streets
or avenues, south of Fifty-ninth street, at any time before the con-
firmation of the report of the commissioners of estimate and assess-
ment in such proceedings, if, in the opinion of said board, the
public interest requires such discontinuance, and with power to
cause new proceedings to be taken in such cases for the appoint-
Isa, on son, tº ment of new commissioners. The mayor, aldermen, and common-
*10 g alty, acting by the authority which commenced such proceedings,
ºpºff.”” shall be authorized at any time previous to the confirmation of the
... report by the said court, to discontinue all further proceedings
º, relative to any improvement under this title, without the necessity
ºpºl. of an application to said court for leave so to do. The mayor,
... N. Y. §: aldermen, and commonalty may, except as in this act otherwise
- specially provided, suspend the opening, extending, enlarging, alter-
ing, or improving of any street, road, avenue, or public place, which
may be ordered to be opened, extended, enlarged, or altered in the
said city, for such time or times as they shall think proper, not
exceeding fifteen months in the whole, after the confirmation of the
report of the commissioners of estimate and assessment.
1813, ch. 86, §178. § 1004. The said mayor, aldermen, and commonalty may permit
Comp. 622 g Tº sº gº e g e tº g º ſº
§ºila: any building which shall be either partly or wholly 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
COMMISSIONERS FOR CLOSING STREETS. 315
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,” and so to be opened as aforesaid, to remain unremoved
for such time or times as they shall think proper.
§ 1005. It shall be lawful for the commissioners of estimate and
assessment to administer oaths in all cases, in any manner apper-
taining to the opening, extending, enlarging or altering of any
street or public place in the said city.
§ 1006. Any notice now required or hereafter to be required 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 the City Record
or, when authorized pursuant to the provisions of section sixty-six
of this act, in not more than two daily newspapers. 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 proceedings, 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. -
§ 1007. It shall be unlawful to open any streets or roads
through the grounds belonging to the corporation of St. John's
College, in its actual occupation or use in the twenty-fourth ward,
at what was formerly known as Fordham.
§ 1008. Nothing contained in this title shall be construed as
affecting any provision of special acts relating to particular dis-
tricts or portions of the city, so far as such provisions are incon-
sistent with the provisions of this title.
Title 6.—Closing Streets, Avenues, etc.
§ 1009. The board of street openings and improvement is
authorized and empowered to close all streets and avenues, or such
parts thereof as they may deem for the public interest so to do, in
that part of the city south of Fifty-ninth street, and to direct the
counsel to the corporation to take such proceedings in the name
of the mayor, aldermen, and commonalty for the closing of such
streets or avenues, or parts thereof, as are provided by law, who
shall thereupon apply to the supreme court for the appointment of
Commissioners of estimate and assessment in the matter of the
closing of said street, avenue, or part thereof, in the manner pro-
vided by law. And said board is also authorized and empowered
to discontinue any and all legal proceedings taken for closing
streets or avenues, or parts of streets or avenues, south of Fifty-
ninth street, at any time before the confirmation of the report of
the commissioners of estimate and assessment in such proceedings,
if, in the opinion of said board, the public interest requires such
discontinuance, and with power to cause new proceedings to be
taken in such cases for the appointment of new commissioners. A
majority of said board shall constitute a quorum, but the vote of
a majority of all the members thereof shall be necessary to any act
of said board.
1818, ch. 210, $2,
Comp. 637.
Commissioners
may administer
certain oaths.
1862, ch. 483, §8,
Comp. 656.
Publications,
how made.
1871, ch. 39, $1,
Comp. 646.
St. John's
College.
1873,ch.835, S105,
Comp. 613.
Closing of
Streets.
When legal pro-
ceedings as to
streets may be
discontinued.
Quorum ef
Oğll'OM,
316 COMMISSIONERS TO MAKE ESTIMATE.
1818, ch. 213, §1,
Comp. 64).
Proceedings
regulated in
case roads, etc.,
are closed.
Estimate of logs
and damage.
Report.
Power of the
Bupreme Court
therein.
§ 1010. It shall be lawful for the mayor, aldermen, and com-
monalty of the city of New York, from time to time, whenever they
shall judge proper, to cause application to be made to the Supreme
court 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 pur-
pose of performing the duties hereinafter prescribed; which said
commissioners, before they enter upon the performance of the
duties of their appointment, shall severally take and subscribe an
oath or affirmation before some person authorized by law to
administer an oath, “faithfully to perform the trust and duties
required of them by this title,” 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 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 without unnecessary delay, and in the said
report the commissioners who shall make the same shall set forth
the names of the respective owners, lessees, parties, and persons
aforesaid entitled 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 said
report, in general terms, the respective sums to be allowed and
paid to the owners and proprietors generally, of such lands, tene-
ments, 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 in of the said
report, signed by the said commissioners, or any two of them, the
said court shall, by rule or order, after hearing 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
PAYMENTS OF AWARDS. 317
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 con-
firm, 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 on such
final confirmation of such report by the said court, the mayor,
aldermen, and commonalty of the city of New York shall become,
and be seized in fee simple, absolute, of all such roads, streets,
lanes, and 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.
§ 1011. The said commissioners of estimate, to be appointed
under and by virtue of this title, after completing 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 concern, and shall give notice
by advertisement, to be published in the City Record or, when
authorized pursuant to section sixty-six of this act, in two of the
public newspapers printed in said city, of the said deposit thereof
in the said office, and of the day on which their report will be pre-
sented to the 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 recon-
sider 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 accord-
ingly.
* 1012. The said mayor, aldermen and commonalty shall, within
four months after the confirmation of the report of the commis-
sioners 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 the payment of the same within the time aforesaid, the
respective person or persons, or party or parties, in whose favor
the same shall be so reported, his, her, or their executors, adminis-
trators, or successors, at any time or times, after application first
made by him, her, or them, to the said mayor, aldermen, and com-
monalty 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
When corpora-
tion deemed
vested of the
road, etc.
1818, ch. 213, §2,
Comp. 650.
Transcript of
estimate where
to be deposited.
Notice to be
ublished, and
OW,
1818, ch. 213, §3,
Comp 650.
Corporation to
pay the sums as-
sessed.
Proceedings in
case of neglect
or default to
pay.
318 PROVISIONS AS TO COMMISSIONERS.
1818, ch. 213, §4.
Provision
where owners
are minors,
femes covert, or
absent.
Remedy where
moneys are paid
to parties not
entitled thereto.
1880, ch. 218, §5,
Comp. 652.
Vacancies in
commissioners,
how filled.
mayor, aldermen and commonalty, in any court having cognizance
thereof, 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.
§ 1013. Whenever the owners and proprietors of any such
lands, tenements, hereditaments, and premises, to be taken by
virtue of this title, or the party or parties, person or persons,
interested therein, or any or either of them, the said owners, pro-
prietors, 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 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 supreme court, 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, discovert, and compos mentis; and provided
also, that in all and in each and every case and cases, where any
such sum or sums or compensation so to be reported by the said
commissioners, in favor of any person Or persons and party or
parties whatsoever, 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 or 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
aid.
§ 1014. In case of the death, resignation, or refusal to act of
any such commissioners of estimate, to be appointed under and by
virtue of this title, it shall and may be lawful for the court afore-
said, 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 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.
PIROVISIONS AS TO COMMISSIONERS. 319
#
§ 1015. In all and every case of the appointment of commis-
sioners under this title, 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 trust and duties of their said appoint-
ment, 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, in all cases the acts, proceedings,
and decisions of a major part of such of the commissioners as shall
be acting in the premises, shall be as binding, valid, and effectual
as if the said commissioners named and appointed for such purpose
had all concurred and joined therein.
§ 1016. The commissioners to be appointed under and by virtue
of this title, who shall enter upon 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.
§ 1017. The provisions of sections eight hundred and sixty-nine
and eight hundred and seventy-one of this act shall apply to pro-
ceedings under this title in the same manner as if the commissioners
were therein named instead of assessors.
§ 1018. Whenever and as often as the mayor, aldermen and
commonalty of the city of New York shall be desirous to open, lay out,
or form any street or public place, or to extend, enlarge, straighten,
alter, or otherwise improve any street or public place, which shall
be contiguous to, or in the neighborhood of any lot of ground front-
ing on any street or part of a street, which they may pray to have
closed as aforesaid, 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 title five of this chapter.
§ 1019. When applications to close and to open, extend, enlarge,
straighten, or alter any street, lane, alley, or public place, shall be
united in the same application as aforesaid, 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, extend-
ing, enlarging, straightening, or altering any such street or public
place ; and it shall not be lawful for the said owners, lessees, parties,
and persons, respectively as aforesaid, to recover from the said
mayor, aldermen and commonalty any larger sum on account of the
premises than the sum so estimated to their loss and damage
Over and above their benefit and advantage.
§ 1020. When applications shall be joined as aforesaid it shall
be the duty of the said commissioners to deduct from the amount
Id. §6.
Two of the conn-
missioners may
act.
1d. §7.
Compensation
to commis-
sioners.
Id. §8.
Proceedings to
close, ( pen, etc.,
StroetS.
1818, ch. 213, §9, e
Comp. 653.
Duty and pro-
ceedings of the
commissioners.
Id. §10,
320 PUPLIC SCHOOLS.
Damages de-
ducted from
benefit.
When as Bessed
on the corpora-
tion.
Id. §11.
Covenants, etc.,
between land-
lord and tenant,
etc., when dis-
charged.
1873, ch. ch. 112,
§§2, 4,
Comp, 737.
Board of educa-
tion.
Id. $3.
Commissioners,
when appointcd.
Vacancies, etc.
1873, ch. 112, §1,
Comp. 737.
School districts.
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 improv-
ing 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 the same as aforesaid, and to assess that sum upon the said
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, 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.
§ 1021. In all cases when no part of any lot or parcel of land, or
other premises under lease or other contract, shall be contiguous
to any road, street, lane or alley, after the closing of a road, street,
lane or alley as aforesaid, all the covenants, contracts, and agree-
ments between landlord and tenant, or any other contracting par-
ties touching the same or any part thereof, shall, upon the confirma-
tion of such report in the premises, by the said court, respectively
cease and determine, and be absolutely discharged.
CHAPTER XVII.
EDUCATION.
Title 1.— The Public Schools and their Management.
§ 1022. There shall be in the city of New York a board of educa-
tion, which shall, under that designation, have full control of the
public schools and the public school system of the city, subject
only to the general statutes of the state upon education. Said board
shall consist of twenty-one commissioners of common schools, ap-
pointed by the mayor. On the third Wednesday of November, in
every year, the mayor shall appoint seven commissioners of common
schools, who shall take office on the first day of January next suc-
ceeding, and hold office for the term of three years. Any vacancy
in the said office of commissioners of common schools, by death,
resignation, or otherwise, shall be filled by appointment by the
mayor for the remainder of the unexpired term. Said commission-
ers shall hold no other office of emolument under either the city,
state, or national governments, except the offices of notary public
and commissioner of deeds.
§ 1023. The city of New York is hereby divided into eight
school districts, as follows:
First district—First, second, third, fourth, fifth, sixth, and
eighth wards.
Second district—Seventh, tenth, thirteenth, and fourteenth
wards.
Third district—Ninth and sixteenth wards.
Fourth district—Eleventh and seventeenth wards.
Fifth district—Fifteenth and eighteenth wards.
POWERS OF DOARD OF EDUCATION.
321
Sixth district—Twentieth and twenty-first wards.
Seventh district—Twelfth, nineteenth, and twenty-second wards.
Eighth district—Twenty-third and twenty-fourth wards.
§ 1024. On the third Wednesday of November in every year, the
mayor shall appoint in each school district one inspector of com-
mon schools, who shall take office on the first day of January next
succeeding, and hold office for the term of , three years.
Any
vacancy in said office of inspector of common schools, by death, res-
ignation, or otherwise, shall be filled by the mayor for the unex-
pired term.
§ 1025. On the first Wednesday in December in each year, the
board of education shall appoint one trustee for each ward, to hold ºf $1.
office for the term of five years from the first day of January then “”
next. Said trustees shall be residents of the ward for which they
are severally appointed.
of common schools, by death, resignation, or otherwise, shall be
filled by the board of education for the unexpired term.
1873, ch. 613, $4,
as amended,
Comp. 739.
1873, ch. 112, $7,
Comp. 738.
In 81,60 orb to be
appointed by
mayor.
Vacancies, how
filled.
1873, ch. 112, §6,
as amended,
Any vacancy in the said office of trustee vacancies.
§ 1026. The members of the board of education shall meet on 1851, ch. 386, $2,
ended,
* 88 a DOl
the second Wednesday of January in each year for the purpose of jo., $2,
organization, and thereafter, for the transaction of business, as $.33%
often as they m
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. Said 1873, ch. 112, $4,
board shall have full control of the public schools and public school
system of the city, subject only to the general statutes of the state
upon education.
§ 1027. The board of education shall have power :
1. To take and hold property, both real and personal, devised
or transferred to it for the purpose 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 school or
other buildings; but this provision shall not be construed to compel
the trustees of any ward to use or employ such workmen or mate-
rials for any purpose whatever.
3. To appoint principals and vice-principals for the grammar,
primary, and evening schools under its control, upon the written
nomination of a majority of the trustees of the ward, stating that
the nomination was agreed to at a meeting of the board of trustees,
at which a majority of the whole number in office were present.
In case the persons nominated for the positions of principal or vice-
principal by the trustees, as hereinabove provided, are not appointed
by the board of education within twenty days after their nomination,
the said board of education shall, after the expiration of that time,
have the sole power to select and appoint such principal or vice-
principal as said board may, by a majority of the whole number in
oard of educa-
ay determine ; they shall elect one of their number tion.
Comp. 78S.
Powers and
duties.
55 H. W. 176.
12 Hun, 673; 66
N. Y. 585; 3
Hun, 3.5 ;
See 1873, ch.
112, $2.
37 N. Y. Supr.
458 ; 44 N. Y.
Supr. 53; 4 Abb.
N. C. 31
1851, ch. 386, §2,
Comp. 741.
City Superin-
ten lents and as-
sistants.
1873, ch. 112, $8,
Comp. 739.
To appoint
principals, etc.,
npon nomina-
tion of trustees.
21
322 POWERS OF BOARD OF EDUCATION.
1851, ch. 386, $27,
as amended,
1854, ch. 101, $2,
Comp. 753.
Discontinuation
of schools.
1851, ch. 386, $2,
Comp. 741.
Money for pub-
lic education.
Examination of
gchools.
Rules of order,
etc.
Free academy
and additional
institutions.
Hall of the
board.
1869, ch. 473, $3,
Comp. 760.
1871, ch. 574,3100,
subd. 2,
Comp. 757.
office, at a general meeting or a special meeting called for that pur-
pose, determine.
4. To discontinue any school whenever, owing to any nuisance
or other circumstance in the immediate vicinity of any school, or
to the small attendance of scholars therein, or other sufficient
reason, it shall appear to the board of education necessary and
proper. But before discontinuing any school, the said board shall
give notice to the trustees of the ward of its intention to consider
the propriety of such discontinuance, and in thirty days after such
notice may proceed to investigate the 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 mem-
bers 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 appor-
tioned or appropriated for the support of said school, and the said
school shall not thereafter participate in any subsequent apportion-
ment of the school moneys. So soon as the same shall take effect,
the comptroller 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.
5. To draw from the moneys which shall be raised for the pur-
poses 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 clerk and other officers as may be appointed by
virtue of the authority vested in the board, and of such other
expenses as may be necessarily incurred by the board in pursuance
of the provisions of this chapter.
6. To visit and examine the schools subject to the provisions of
this chapter.
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 organize an institution for females similar to the free
academy, as the same existed in eighteen hundred and fifty-one.
When so organized, all the provisions of this chapter relative to
the free academy shall apply to each and every one of the said
institutions now existing or hereafter established as fully, com-
pletely, 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 addi-
tional sites and buildings as may be necessary for the purposes of
this chapter, the title º which shall in all cases be vested in the
mayor, aldermen and commonalty of the city of New York, but no
POWERS () F BOARD OF EDUCATION. 32:
C.
J.
such additional site or building shall be provided except with the
consent, by vote, of three-fourths of all the members of said board.
10. To dispose of such personal property, used in the school or personal
other buildings under the charge of the board, as the trustees or Prºperty.
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.
11. To remove from office any school officer who shall have been ºf sº,
directly or indirectly interested in the furnishing of any supplies or lºsis,
materials, or in the doing of any work or labor, or in the sale or leasing **
of any real estate, or in any proposal, agreement, or contract for any of
these purposes, in any case in which the price or consideration is ºf
to be paid, in whole or in part, or directly or indirectly, out of any ;
school moneys, or who shall have received, from any source what- 'º'; '7
ever, any commission, or other compensation in connection with any
of the matters aforesaid; and any school officer who shall violate
the preceding provisions of this section shall be deerned guilty of a when guilty of
misdemeanor, and upon conviction thereof shall be punished by a “*”
fine not exceeding one thousand dollars, and imprisonment in the
city prison not exceeding one year, and shall also be ineligible to
any school office. The board shall also have power to remove from Board may re.
office any school officer who shall have been guilty of immoral or ... *
disgraceful conduct in any matter connected with his official duties,
or which tends to discredit his office or the school system. If one shall make in.
or more school officers or taxpayers of the city of New York shall “"“”
present a written charge to the board of education, accusing any
school officer of a violation of, or liability to, any of the provisions
of this section, it shall be the duty of the said board to cause the
same to be fully investigated. All testimony taken upon any such
investigation shall be under oath ; and the court of common pleas Common pleas
shall have power, upon the application of the board of education, ..."
to compel any witness who may be summoned to appear and testify
before the said board or any committee thereof.
12. Whenever it shall appear to the board of education, that the 1866, ch. 323, $2.
trustees of any ward are neglecting any school under their control É, on
to the detriment of the pupils in said school, to take charge of such ºf
School, to manage the same, to furnish all needful supplies and to º
appoint the proper teachers therefor, until the first day of January
next succeeding. But the said board of education shall not take
charge of any such school on account of any alleged neglect until
the board of trustees of the ward in which said school is situated
shall first have been notified of the neglect charged, and have an
ºniº to be heard before said board or its committees on the
Subject.
13. With the consent of a majority of the trustees for the ward, 1851, ch.386,523
or without such consent, by a vote of two-thirds of the board of iºsº,
education, to discontinue any grammar, primary, evening, or colored º.º.
When School
school ; and the said board may also authorize the establishment of hº discon.
a new School, upon the written application of a majority of the Nº chool es-
trustees for the ward. It shall be the duty of the board of educa- ºrd to
tion to decide finally upon every such application within thirty-five lººk
days after the same is presented to it; and if the said board shall chººl.
omit to do so, or shall deny the application, and a . of the
inspectors for the district shall certify that there is probable cause
324 DUTIES OF BOARD OF EDUCATION.
for granting the application, the trustees may appeal to the state
superintendent of public instruction, whose decision in the matter
shall be binding upon all the parties, and if adverse to the applica-
tion, the same shall not be renewed during the term of one year
next thereafter.
14. And for the purposes of this chapter the said board shall
possess the powers and privileges of a corporation.
§ 1028. It shall be the duty of the board of education:
1. To apportion all the school moneys which shall have been
raised for the purposes of meeting the current annual expenses of
public instruction, to the schools entitled to participate therein by
the provisions of this chapter.
2. To file with the chamberlain of said city, on or before the 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 chapter.
3. To provide evening schools for those whose ages or avoca-
tions are such as to prevent their attending the day schools estab-
lished 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 to provide
schools for colored children, and also a normal school or school” for
those desirous to become teachers, and 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 for the normal and colored schools, and also
upon the nomination of the trustees of the respective wards to
appoint teachers for the evening schools, and said board shall
furnish all needful supplies for the evening, normal, and colored
schools.
4. 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.
5. To make and transmit, between the fifteenth day of January
and the first day of February in each year, to the state superin-
tendent 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 length of time such schools shall have
been kept open ; the amount of public money apportioned or appro-
priated 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 public education during the year ending at the date
of their report, distinguishing the amount received from the general
General
privileges.
1851, ch. 386, §3,
as amended,
1854, ch. 10!,
Comp. 742.
School money8.
Copy apportion-
§ to be filed.
As amended
1865, Ch. 323,
Comp, 744.
Evening schools
Schools for
colored children
etc.
Supplies.
A8 amended
1854, chs. 101,
267, $1.
Report to super-
intendent com-
Imon schools.
* So in original,
DUTIES OF SCHOOL COMMISSIONERS. 325
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 compliance 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 there with. If the board of education penalty for not
shall neglect to make such annual report within the time limited, making report.
the share of school moneys apportioned the city and county of
New York may, in the discretion of the state superintendent of
public education, be withheld until a suitable report shall have
been rendered.
6. By general rules and regulations, to provide the proper 1851, ch.386, $18,
classification of studies, scholars, and salaries in such manner that lºº,
as near as practicable, the system of instruction pursued in the “”P. *
common schools, and the salaries paid to teachers shall be uniform
throughout the city.
§ 1029. The title to all school property, real and personal, Classification of
purchased with any money derived from the distribution or appor- ºses,
tionment of the school moneys, or raised by taxation in the city of ºn
New York, shall be vested in the mayor, aldermen and commonalty ºp."
tº “I , Amendment as
of said city, but shall be under the care and control of the board of tºo.
education, for the purpose of public education, and all suits in rela- *
tion to the same shall be brought in the name of said 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 chapter, 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 specifi-
cations of the work to be done, pursuant to the provisions of this
chapter, shall have been duly filed and approved of as herein
required, and an appropriation shall have been made by the board
of education therefor.
§ 1030. All the trusts and estates held by or vested in the Public 1s54, ch. 267, s2,
School Society of the city of New York, as organized and existing ...;
previous to its several acts in compliance with the provisions of sºlic
act entitled “An act relative to common schools in the city of New sº ty.
York,” passed the fourth day of June, one thousand eight hundred
and fifty-three, which have not been conveyed by the said society,
and all the rights, powers, and duties of the said society which yet
remain therein, shall continue and be vested in the board of educa-
tion of the city of New York, which board is and shall be held to be
the lawful successors of the said society in the execution of every
trust.
§ 1031. It shall be the duty of the commissioners of common 1851, ch. 386, $8,
schools: Comp. 745.
1. To attend all the meetings of the board of education ; and Powers and
uties of coul-
if any commissioner shall refuse or neglect to attend any three º
326 DUTIES OF SCHOOL TRUSTIEES.
Meetings of
board.
Report.
Examination of
8Chools.
1873, ch. 112, §5,
Comp. 738.
Existing laws,
how construed.
1851, ch. 386,
5, 37,
omp. 745, 755.
Clerk of board.
Clerk of board
may administer
Oaths.
1851, ch. 386, §0,
as amonded,
1864, ch. 351, $14,
Comp. 745.
T)uty of inspec-
tors as to expen-
Beg of Schools.
Attendance and
conduct of
teachers and
F. ; condi-
ion of premises.
Sectarianism in
Schools.
To whom and
when inspectors
to make report.
1851, ch. 386, §10,
Comp. 746.
Duty of trustees.
Property.
1864, ch. 351, §12,
Comp. 760.
Supplies.
A8 amended
1864, ch. 351, $19.
Books of ac-
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.
§ 1032. Whenever in any laws the words board of education
or commissioners of common schools shall occur, said words
shall be taken to mean and comprehend respectively the board
of education and commissioners of common schools as herein pro-
vided for.
§ 1033. The clerk of the board of education shall have charge
of the rooms, books, papers, and documents of the board, and shall,
in addition to his duties as secretary of the board, perform such
other clerical duties as may be required by its members or com-
mittees. He is authorized 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 of deeds, but shall not be entitled to any of the fees
or emoluments thereof.
§ 1034. It shall be the duty of the inspectors of common
schools, or a majority of them, in their respective districts, to
examine in respect to every expense certified as correct by a major-
ity of the trustees of any ward in the district, and to audit every
such expense which may be just and reasonable; and no expense
shall he paid unless audited in this manner. They shall also
examine, at least once in every quarter, all the schools in the dis-
trict, in respect to the punctual and regular attendance of the
pupils and teachers; the number, fidelity, and competency of the
teachers; the studies, progress, Order, and discipline of the pupils;
the cleanliness, safety, warming, ventilation, and comfort of the
school premises, and whether or not the provisions of the school
laws, in respect to the teaching of sectarian doctrines, or the use
of sectarian books, have been violated, and call the attention of the
trustees, without delay, to every matter requiring official action.
They shall also, on or before the thirty-first day of December in
each year, make a written report to the board of education and to
the board of trustees, in respect to the condition, efficiency and
wants of the district in respect to schools and school premises.
§ 1035. It shall be the duty of the trustees for each ward, and
they shall have the power :
1. To have the safe keeping of all the premises and other prop-
erty used for or belonging to the ward schools and the ward prima-
ries in their respective wards. º
2. To appoint, by a majority vote, at a meeting of the board of
trustees, teachers, other than principals and vice-principals, and
also janitors.
3. Under such general rules and regulations, and subject to
such limitations as the board of education may prescribe to con-
duct and manage the said schools; to furnish all needful supplies
therefor, and to make all needful repairs, alterations, and additions
in and to the school premises.
4. To procure, as may be necessary, blank books, in one of which
DUTIES OF SCHOOL TRUSTEES. 327
a statement of the amounts of all moneys received and paid by the tºº
trustees, or otherwise, for or on account of each of the schools con- *
ducted 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 attend-
ing 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 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.
5. To make, at least five days before the first day of January in Report as to
every year, or on such other day as may be designated by the board ..."
of education, in the case of a school kept open after the twenty-
fifth 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 num-
ber 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 teachers 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 schol-
ars, which average shall be sworn or affirmed to by the principal
teacher of the school; a detailed statement of the amount of mon-
eys received or paid for or on account of their respective schools
during the year, from or by the chamberlain of the city, and of
the purposes for and the manner in which the same 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 section, each
ºnent shall, whenever practicable, be considered as a separate
SCI1OO!.
6. To hold, as a corporation, all personal property vested in or personal
transferred to them for school purposes in their respective wards. Property,
7. To render, at the expiration of their respective terms of Account to be
office, to their successors, a just and true account in writing, of all “”.
moneys received by them for school purposes, and of the manner
328 SUPERINTENDENT OF SCHOOLS.
As amended,
1851, ch. 101.
Regular meet-
ings.
1851, ch. 886, $29,
Comp. 753.
Expenses, how
audited.
8ee 1861, ch. 351,
$12.
1851, ch. 386, $24,
Comp. 752.
How organized.
1864, ch. 351, $12,
Comp. 760,
Right of appeal.
1851, ch. 386, §12,
as amended,
1854, ch. 267, §1,
Comp. 749.
City superin-
tendent to make
report.
1851, ch. 886, $11,
Comp. 747.
in which the same shall have been expended, and to pay any bal-
ance which may remain in their hands to their successors.
8. To meet statedly at times to be by them appointed, and to
declare vacant, by a vote 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.
§ 1036. All expenses incurred for the support of common
schools in the respective wards shall be certified by the trustees of
common schools in such wards, or a majority of them, and deliv-
ered to the inspectors of said ward; and it shall be the duty of said
inspectors to examine and audit the same, and upon said inspec-
tors 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.
§ 1037. 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 to 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, pro-
posals 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.
§ 1038. The board of trustees for the ward, by the vote of the
majority of the whole number of trustees in office, may remove
teachers employed therein, other than principals and vice-prin-
cipals, and may also remove janitors, provided the removal is
approved in writing by a majority of the inspectors for the district,
and provided further, that any teacher so removed shall have a
right to appeal to the board of education, under such rules as it
may prescribe, and the said board shall have power, after hearing
the answer of the trustees, to reinstate the teacher.
§ 1039. The city superintendent shall be subject to such general
rules and regulations as the state superintendent of public instruc-
tion 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 education to the clerk of the city and county, with
such additional information as the state superintendent of public
instruction may require. g
§ 1040. The city and assistant superintendents of schools shall
take and subscribe, before the clerk of the board of education, the
SUPERINTENDENT OF SCHOOLS. 329
oath of office prescribed by the constitution of this state ; shall
each 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 educa-
tion as often as once in each year ; to inquire into all matters re-
lating 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 said trustees in relation to their duties, the proper
studies, discipline, and conduct of the schools, the course of instruc-
tion 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 advis-
able ; 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 per-
sons proposed as teachers in any of the schools under the charge of
the board. Such examination shall be conducted by the city
superintendent of schools, or such one of his assistants as he may
designate, in the presence of at least two inspectors of common
Schools, who shall be designated for the purpose by the by-laws of
the board of education. Licenses shall be granted to those persons
found upon such examination to be entitled thereto, which shall be
in the form prescribed by the said by-laws, shall be signed by the
city superintendent, and by at least two inspectors designated for
the purpose, who shall certify that they were present at the
examination, and concur in granting the license. The license
of any teacher may be revoked for any cause affecting the
morality or competency of the teacher, by the written certificate
of the city superintendent, and the written concurrence of two
of the inspectors for the district in which the teacher is em-
ployed ; but no such action shall be taken until at least ten
days' previous notice has been allowed ; nor shall it take effect
until such certificate of revocation has been filed in the office
of the clerk of the board of education, and a copy served upon
the teacher. It shall be the duty of the city superintendent to
re-examine any teacher upon the written request of any two inspec-
tors of the district, or three trustees of the ward in which the
teacher is employed. Any teacher whose license has been revoked
as aforesaid, may appeal to the state superintendent of public
instruction, within ten days after service of a copy of a certificate
of revocation, by the service of a written notice of appeal upon the
City superin-
tendent B salary
and term of
office.
Visitation of
Schools.
A8 amended,
1854, ch. 101.
Examinations
of teachers.
As amended,
1864, ch. 35), $16.
Licenses.
Revocation Of
license.
Re-examination
Appeal to state
superintendent.
330 SCHOOLS, TEACHERS AND OFFICERS.
General dutic8,
as amended,
1854, ch. 101.
1851, ch. 386, $30,
as amended,
1854, ch. 101,
Comp. 755.
Superintendent
of school build-
ings.
1864, ch. 351, $12,
Comp. 76).
1871, ch.574, §100,
Subd. 2,
Comp. 756.
1869, ch. 437, $3,
Comp. 700.
How removed.
3 Hun, 177.
185., ch. 386, $33,
as amended,
1854, ch. 557, $1,
Comp. 754.
Form of Oath.
1851, ch. 386, $30,
Comp. 753.
Commissioners
to serve without
pay.
Id. $38.
Comp. 755.
8chool officers
not to be in-
terested in con-
tract3.
Teachers not
eligible as com-
missioners or in-
spectors.
Id. $131.
Comp. 753.
Penalty for neº-
lect of duty.
city superintendent, and in case such appeal is taken, the teacher
shall not be disqualified until the revocation is confirmed by the
state superintendent. The city Superintendent, in his annual report
to the board of education, shall include a list of the licenses granted
and revoked by him.
3. Generally, by all the means in his power, under the regula-
tions 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.
§ 1041. The superintendent of school buildings shall take and
subscribe, before the clerk of the board of education, the oath pre-
scribed 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 reg-
ulations so established. - -
§ 1042. Any teacher may be removed by the board of education
upon the recommendation of the city superintendent, or of a ma-
jority of the trustees for the ward, or of a majority of the inspectors
for the district, but only by a vote of three-fourths of all the mem-
bers of said board.
§ 1043. 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.
department, being duly sworn or affirmed, declares and says, that
to the best of (his or her) knowledge and belief, the average num-
ber of children, actual residents of the city and county of New
York, at the time of attending said school, between the ages 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, Wa,S 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.”
§ 1044. No compensation shall be allowed to the commissioners,
inspectors, or trustees of common schools for any service per-
formed by them, but the commissioners and inspectors shall receive
their actual and reasonable expenses while attending the duties
of their office, to be audited and allowed by the board of education.
§ 1045. No school officer shall be interested in any contract,
payments under which are to be made, in whole or in part, out of
any 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 be eligible to the office of commissioner,
inspector, or trustee of common schools.
§ 1046. Every school officer who shall refuse or neglect to ren-
der 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 education, who shall
SCHOOL8, TEACHERS AND OFFICERS. 331
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.
§ 1047. 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 shall 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.
§ 1048. In any suit which shall hereafter be commenced against
the commissioners or trustees of common schools for any act per-
formed 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 superintend-
ent, no costs shall be allowed to the plaintiff in cases where the
court shall certify that it appeared, on the trial of the cause, that
the defendant 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 in-
struction.
§ 1049. Every school officer shall, at the time of his election or
appointment, be a resident of the district or ward for which he is
appointed, and every trustee removing from the ward for which he
is appointed, and every school officer removing from the city, shall
thereby vacate his office.
§ 1050. Every person appointed to a school office in said city
shall, before entering on the duties of his office, and within fifteen
days from the time of being notified of his appointment to fill a
vacancy, take and subscribe, before the clerk of the board of educa-
tion, the oath of office prescribed by the constitution of this state,
and the 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 appointed, shall be vacant at and from the expira-
tion of the said fifteen days.
§ 1051. All children between the ages of five and twenty-one
years, residing in the city and county, shall be entitled to attend
any 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.
§ 1052. All schools which have been organized under the act
entitled “An act to extend to the city and county of New York the
provision of the general act in relation to common schools,” passed
April eleventh, eighteen hundred and forty-two, and the acts amend-
ing the same, or organized or adopted under this chapter, shall be
called common schools, “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, inspec-
tors, and trustees of the ward in which they are located.
Id. §32.
as amended,
1854, ch. 101,
Comp. 754.
Penalty for
false reports.
1851, ch. 386. $34,
Comp. 754.
Costs of suit.
1864, ch. 351, $8,
Comp. 759.
Officers to be
residents of the
district for
which they are
chosen.
Id. §10.
School officers
to take oath,
and when.
1851, ch. 386, §35,
as amended,
1878, ch. 106, §1,
Comp. 754.
Children enti-
tled to attend
School.
1851, ch. 386, §6,
Comp. 745.
Ward schools to
be numbered.
1842, ch. 150.
332 COLLEGE OF THE CITY OF NEW YORIK.
1864, ch. 851, §12,
Comp. 759.
Schools classi-
1851, ch. 88%, $14,
as amended,
1854, chs. 101,
267, §1,
Comp. 749.
Public school
money.
1866, ch. 264, §11,
Comp. 761.
23 Hun, 568.
C llege of city
of Now York to
be dis inct or-
ganization.
Id. $1.
Who to be
trustee8 of col-
lege.
1872, ch. 631, $2,
Comp. 762.
1866, ch. 264, §3,
Comp. 761.
1851, ch. 386, $36,
Comp. 754.
College to share
in literature
fund.
1866, ch. 637, $1,
as amended,
1872, ch. 471,
Comp. 761.
Trustees to re-
port to board of
Supervisorg.
§ 1053. The schools in the several wards shall be classified as
grammar, primary, and evening schools.
§ 1054. Whenever the clerk of the city and county shall 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 aldermen 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 become payable, and place the same in the city
treasury.
Title 2.—The College of the City of New York.
§ 1055. The College of the city of New York, formerly known as
the Free Academy in the city of New York, shall continue to be a
separate and distinct organization and body corporate, and as such
shall have the powers and privileges of a college, pursuant to the
Revised Statutes of this state, and be subject to the provisions of
the said statutes relative to colleges, and to the visitation of the
regents of the university, in like manner with the other colleges of
the state.
§ 1056. The members of the said board of education, together
with the president of the college, shall be ex-officio the trustees of
the said college, and shall have and possess the powers conferred
upon, and be subject to the duties required of the trustees of
colleges by the Revised Statutes. The president of the college
shall be a member of the executive committee of the said trustees
for its care, government, and management.
§ 1057. All acts of the legislature which were in force on March
thirtieth, eighteen hundred and sixty-six, in regard to the said Free
Academy, and to its control, management, support and affairs, and
which are not inconsistent with the provisions of this act, and not
since modified or repealed, are hereby declared to be applicable to
the said college. -
§ 1058. The College of the city of New York shall 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 colleges 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 College of the city of New York shall
by law be entitled, and which shall be applied and expended for
library books for the said college.
§ 1059. The trustees of the College of the city of New York
shall annually, on or before the fifteenth day of November, report
to the board of estimate and apportionment such sum, not exceed-
ing one hundred and fifty thousand dollars in any one year, as they
may require for the payment of the salaries of the professors and
officers of the said college, for obtaining and furnishing scientific
apparatus, books for the students, and all other necessary supplies
therefor, and for repairing and altering the college buildings, and
for the support, maintenance, and general expenses of Said college.
APPORTIONMENT OF SCHOOL MONEYS. 333
§ 1060. The board of education shall continue to furnish, through
the College of the city of New York, the benefit of education gra-
tuitously, 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 trustees not less than one year. And the trustees,
upon the recommendation of the faculty of the said college, may
rant the usual degrees and diplomas in the arts to such persons as
shall have completed a full course of study in the said college.
§ 1061. The trustees of the College of the city of New York
shall make and transmit annually, on or before the first day of
February in each year, to the board of aldermen, and also to the
secretary of the board of regents of the university of the state of
New York, a report dated on the thirty-first day of December next
preceding, which report shall state the names and ages of all the
pupils instructed in such college during the preceding year, and the
time that each was so instructed, specifying which of them have
completed a full course of study therein, and which have received
degrees, medals, and other special testimonials; a particular state-
ment 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 college; the names of
the instructors employed in said college, and the compensation paid
to each ; what amount of moneys the board of education received
during the year for the purposes of such college, and 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 college, and the measures of the board of trustees in the
management thereof, as the board of aldermen, or the regents of
the university of the state of New York may, from time to time,
require.
Title 3.−Miscel/ameows.
§ 1062. 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, incul-
cated, or practiced, or in which any book or books, containing com-
positions favorable or prejudicial to the particular doctrines or
tenets of any particular Christian or other religious sect shall be
used, or which shall teach the doctrines or tenets of any other
religious sect, or which shall refuse to permit the visits and exami-
nations provided for in this chapter. But nothing herein contained
shall authorize the board of education to exclude the Holy Scrip-
tures, without note or comment, or any selections therefrom, from
any of the schools provided for by this chapter; 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.
1851, ch. 386, $3,
at amended,
1854, ch. 207, $1,
Comp. 743.
1851, ch. 386, $8,
Fuld. 7, as
amonded, 1854,
ch. 101,
Comp. 743.
Report relating
to college.
1851, ch. 286, $18,
Comp. 750.
Religious
doctrines and
books.
334 APPORTIONMENT OF SCHOOL MONEYS.
1855, ch. 405, $1,
Comp. 768.
Distribution of
common School
fund.
1862, ch 258, $1,
Comp. 768.
1851, ch. 386, $20,
as amended,
1854, ch. 101,
Comp, 750.
Id. $21.
Accidental
omission to re-
ort not to for-
eit money.
1851, ch. 386, §
1851, ch. 332, $30,
Comp. 1746.
1865, ch. 106, $24,
Comp. 1773.
as amended
1853, ch. 801, $13,
Comp. 751.
Schools entitled
to money.
§ 1063. The school established and maintained by the Five
Points house of Industry in the city of New York, the school estab-
lished and maintained by the ladies' home missionary society of the
Methodist Episcopal church, at the institution in Park street, near
the place usually called the Five Points, in the said city, and the
industrial schools established and maintained under the charge of
the Children’s Aid Society, in the city of New York, shall partici-
pate in the distribution of the common school fund, in the same
manner and degree as the common schools in the city and county
of New York, and shall be subject to the same regulations and
restrictions as are now by law imposed on the common schools of
New York. *
§ 1064. The board of education shall require from the execu-
tive committees conducting schools by appointment of the board,
and from the trustees, managers, or directors of the corporate
schools entitled to participate in the apportionment of school
moneys, a report in all respects similar to that required from the
trustees of each ward by section ten hundred and thirty-five 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.
§ 1065. Whenever an apportionment of the public money shall
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.
§ 1066. The New York Orphan Asylum school, the Roman
Catholic Orphan Asylum school, the schools of the two half-orphan
asylums, the school of the Society for the Reformation of Juvenile
Delinquents in the city of New York, the school for the Leake
and Watt's Orphans' 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 established and maintained by the New York
Juvenile Asylum, by the New York Infant Asylum, by the Nursery
and Child's Hospital, including the country branch thereof, the
schools organized under the act entitled “An act to extend to the
city and county of New York the provisions of the general act in
relation to common schools, passed April eleven, eighteen hundred
and forty-two,” or an act to amend the same, passed April eighteen,
eighteen hundred and forty-three, or an act entitled “An act more
effectually to provide for common school education in the city and
county of New York, passed May seventh, eighteen hundred and
forty-four,” or any of the acts amending the same, and including
such normal schools for the education of teachers as the board of
education may organize, and such schools as may be organized
under the provisions of this chapter, shall be subject to the general
supervision of the board of education, and shall be entitled to par-
NAUTICAL SCHOOL. 335
ticipate in the apportionment of the school moneys as provided for
in this chapter, but they shall be under the immediate direction of
their respective trustees, managers, and directors, as herein pro-
vided.
§ 1067. The trustees, managers, and directors of any of the cor-
porate schools entitled to participate in the apportionment of the
school moneys, may at any time convey their school-houses and
sites to the corporation of the city of New York, and transfer any
of their schools to the board of education, On the terms and in the
manner to be agreed upon and prescribed by the board of educa-
tion, 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.
§ 1068. The board of education are authorized and directed to
provide and maintain a nautical school in said city, for the educa-
tion and training of pupils in the science and practice of navigation;
to furnish accommodations for said school, and make all needful
rules and regulations therefor, and for the number and compensa-
tion of instructors and others employed therein; to prescribe the
government and discipline thereof, and the terms and conditions
upon which pupils shall be received and instructed therein, and
discharged therefrom, and provide in all things for the good man-
agement of said nautical school. And the said board shall have
power to purchase the books, apparatus, stationery, and other
things necessary or expedient to enable said school to be properly
and successfully conducted, and may cause the said school or the
pupils or part of the pupils thereof to go on board vessels in the
harbor of New York, and take cruises in or from said harbor for
the purpose of obtaining a practical knowledge in navigation and
of the duties of mariners. And the said board are hereby author-
ized to apply to the United States government for the requisite use
of vessels and supplies for the purpose above mentioned.
§ 1069. The board of education is hereby authorized and re-
quired to distribute 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.
§ 1070. The said board of education shall appoint annually at
least three of their number, who shall, subject to the control, super-
vision, and approbation of the board, constitute an executive com-
mittee, for the care, government, and management of such nautical
School, under rules and regulations so prescribed and whose duty
it shall be, among other things, to recommend the rules and regu-
lations which they deem necessary and proper for such school.
§ 1071. After the establishment and organization of the said
School, the expenses thereof, and of carrying out the provisions of
this chapter, shall be defrayed from the moneys raised by law for
º ºpport of common schools in the city and county of New
OI’R.
§ 1072. The chamber of commerce of New York is authorized to
provide for and appoint a committee of its members to serve as a
Council of the nautical school, whose duty it shall be, as far as may
be, to advise and co-operate with the board of education in the es-
1851, ch. 386, $26,
as amended,
1853, ch 301, $15,
Comp. 752.
Corporate
Schools may
transfer their
property to city.
1873, ch. 28, $1,
Comp. 764.
Board of educa-
tion to establish
nautical school
Books etc
1889, ch. 200, $4,
Comp. 1786.
Part of School
fund to be given
to managers.
1873, ch 28, §1,
Comp. 764.
Executive com-
mittee.
Id. §4.
Committee of
Chamber of
COOO, DOlerC8
336 COURTS AND JUDICIAL PROCEEDINGS.
* Attorney8.
tablishment and management of such school, and from time to time
to visit and examine the same, and to communicate in respect
thereof with the board of education or such executive committee
Reports. thereof, and to make reports to the chamber of commerce which
may transmit to the state superintendent of public instruction such
reports or any thereof, or an abstract of the same, with such recom-
mendations as may be deemed advisable.
CHAPTER XVIII.
THE COURTS AND JUDICIAL PROCEEDINGS.
Title 1.—Provisions applicable to Courts general/y.
1831, ch. 77, $1, § 1073. The term “city hall of the city of New York,” when
§º used in any law of this state, is hereby declared to include, for all
legal purposes, all buildings which shall be designated by the com-
mon council of the said city for the use of courts or public offices
within that part of the said city bounded by Chambers street,
1861, ch. 42, $1, Broadway, Park row, Chatham Street and Tryon row ; but rooms or
º, premises procured or hired in accordance with law 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, shall be deemed a part of the city hall of the city of
New York for the purpose of holding a court therein.
Co. Civ. Proc. § 1074. The mayor, or in case of his absence or other disability
º, sº the recorder of the city of New York, may, by proclamation, direct
#####old. that the next ensuing term of any court, other than the court of
ing court. appeals, appointed to be held in that city, shall be held in any
building within the city of New York, other than the building where
the same is regularly to be held, if, in his opinion, war, pestilence,
or other public calamity, or the danger thereof, or the destruction
or injury of the building, or the want of suitable accommodation,
renders it necessary that some other place should be selected. The
proclamation must be published in two or more daily newspapers,
- published in the city of New York.
1876, ch. 24, $1, § 1075. The first judicial district of the state shall consist of the
Comp.”. city of New York.
Co. Cív. Proc, § 1076. In said city a special proceeding instituted before a
tº judge of a court of record, or a proceeding commenced before a
one judge may judge of the court, out of court, in an action or special proceeding
*i; §. pending in a court of record, may be continued, from time to time,
...” before one or more other judges of the same court, with like effect
as if it had been instituted or commenced before the judge who last
hears the same.
Co. Civ. Proc. § 1077. A person shall not ask or receive, directly or indirectly,
$º.” compensation for appearing as attorney in a court, or make it a
business to practice as an attorney in a court in said city, unless he
has been regularly admitted to practice as an attorney and coun-
sellor in the courts of record of the state.
#; § 1078. A person who violates the last section is guilty of a mis-
© demeanor, and shall be punished by imprisonment in the county
jail, not exceeding one month, or by a fine of not less than one
MONEY PAID INTO COURT. 337
Thundred dollars, or more than two hundred and fifty dollars, or by
both such fine and imprisonment. A judge or justice who know-
ingly permits to practice in his court a person who has not been
regularly admitted to practice in the courts of record of the state,
is guilty of a misdemeanor, and shall be punished as prescribed in
this section. But this and the last section do not apply to a case
where a person appears in a cause to which he is a party.
§ 1079. No person holding the office of clerk, deputy clerk, §ºw,
special deputy clerk, or assistant in the clerk’s office, of a court of Čierks, #. ºt
record in said city, shall be appointed, by any court or judge, a gºtº
referee, receiver, or commissioner, except by the written consent of
all the parties to the action or special proceeding, other than
parties in default for failure to appear or to plead.
§ 1080. Personal service of the summons in an action º
the mayor, aldermen and commonalty of the city of New York,
must be made by delivering a copy thereof, within the state, to the
mayor, comptroller, or counsel to the corporation.
§ 1081. Where a paper is served or a return is made through go.giy. Prog.
the post-office in said city, the deposit of the package in a branch É?"
post-office has the same effect as a deposit in the general or prin-Pºpe”.
cipal post-office of that city.
§ 1082. Where an action or special proceeding, placed upon the gº.cly. Frog.
calendar of a term of a court of record in said city, is regularly ºff"
called and passed, without a postponement by the court for good and Phºe".
cause shown, it must thenceforth be placed upon the same or future
calendar, as if the date of the issue was the time when it was thus
passed.
§ 1083. In a case specified in the last section, the party placing Id, gº.
the cause upon the calendar for a subsequent term, must state, in º'
the note of issue, the date of the issue, as prescribed in that section. tº contain.
If he omits to do so, by reason whereof the cause retains its
priority on the calendar, the court, on the application of the
adverse party, or of its own motion, may strike the cause from the
calendar.
§ 1084. Where a party has served a notice of trial, and filed a 10.397...
note of issue for a term, at which the cause is not tried in said city, ****
it is not necessary for him to serve a new notice of trial, or file a
new note of issue for a succeeding term ; and the action must
remain on the calendar until it is disposed of.
§ 1085. Unless the court otherwise specially directs, money go.giv. Proc.
paid into court must be paid, either directly or by the officer who #;
is required by law first to receive it, to the chamberlain, within two court.
days after he receives it. A bond, mortgage, or other security, or
a certificate or transfer of stock, taken upon the investment of
money paid into court, must be taken to the chamberlain as
treasurer of the county, in his name of office, or to such other
County treasurer as the court specially directs. But this section
does not prevent the court, upon the application of a party to an
action, from directing in what manner or place money paid into
court in the action shall be deposited or invested.
§ 1086. No property now exempt by law shall be exempt from 1871, ch.51% ;
levy or sale, under an execution issued upon a judgment obtained #.
in any court in the city of New York for work, labor, or services º
Comp. 1368.
done or performed by any female employee when the amount of Fºrty
22
338 SAILES BY HEFEREES.
exempt from
taxation,
Arrests in aſ:-
tions for work,
labor and
5 (2I-VI Cº.,
Co. Civ. Proc.
§1678. ,
Sale, notice of.
1889, ch. 26.1, $31,
2, as amended
1874, ch. 192, $1,
Comp. 1271.
Judicial sales of
real estate.
Fee8.
Sheriff’s fee: On
foreclosure
8aje3.
Digbursements
to be paid.
Auctioneers’
feeB.
1881, ch. 450, $5
Court of record
may restrain by
injunction
violation of
, sections 499, 535.
1873, ch. 251, $2,
Comp. 852.
such judgment does not exceed the sum of fifty dollars exclusive of
costs. Whenever any execution issued upon such a judgment shall
be returned unsatisfied, the clerk of the court wherein such judg-
ment was obtained shall issue a further execution to any marshal
of the city of New York commanding him to collect the amount
due upon such judgment, or in default of payment thereof, to
arrest the defendant in such execution and him safely convey to
the jail or debtor's prison of the county of New #. and corn-
manding the jailor of said jail to keep the said defendant without
benefit of jail limits until the said defendant shall pay the said judg-
ment, or be discharged according to law, but such imprisonment
shall in no case extend beyond the period of fifteen days.
§ 1087. Notice of any sale, made in pursuance of any provision
of title one of chapter fourteen of the Code of Civil Procedure,
must be given by the officer making it, when the property is
situated wº or partly in said city, by publishing notice of the
sale at least twice in each week for the three successive weeks
immediately preceding the sale in two daily papers published in
said city. Notice of a postponement of the sale must be published
in the papers wherein the notice of sale was published.
§ 1088. Sales of real estate hereafter made in the city and
county of New York, under the decree or judgment of any court,
may be made by the sheriff of said city and county, or by a referee
appointed for that purpose, by such judgment or decree ; but when
any sale is made by any officer other than the sheriff, in an action
of foreclosure, no greater sum shall be charged or allowed as fees
than the following. In cases of sale on foreclosure, the sheriff shall
be entitled to receive the following fees and no more : for receiving
order of sale and posting notices of sale, ten dollars; for attending
sale, ten dollars; for drawing each deed of premises sold, five
dollars; for attending and adjourning a sale at the request of
the plaintiff in the action or by order of the court, three dollars,
but no more than three such adjournments in one action shall be
charged for ; for making report of sale, five dollars; for paying over
surplus moneys, three dollars, and all disbursements made by him
for printers' fees at the rate allowed by law therefor, fees of offi-
cers for taking acknowledgments and administering oaths, and all
auctioneers' fees actually paid by him, but not to exceed for such
auctioneers’ fees twelve dollars for each parcel separately sold,
which auctioneers’ fees shall be paid by the purchaser of the parcel
in addition to the amount bid by him therefor.
§ 1089. Any court of record in the city, or any judge or justice
thereof, shall have power at any time after the service of notice
of the violation of any of the provisions of sections five hundred and
one or five hundred and thirty-seven, and upon the affidavit of one
of the commissioners of health, to restrain by injunction order the
further progress of any violation named in said sections, or of any
work upon or about the building or premises upon which the said
violation exists, and no undertaking shall be required as a condition
to the granting or issuing of such injunction, or by reason thereof.
§ 1090. Scavengers duly licensed shall not be restricted, pre-
vented, or prohibited from carrying on their business except b
action brought, in which a trial by jury may be demanded by either
party thereto.
PTOPIICATION OF CAT_ENDAP:S. 339
board of health, or its officers, except by the supreme court, at a §ion
special or general term thereof, after service of at least eight days' tºº."
notice of a motion for such injunction, together with copies of the ºr
papers on which the motion for such injunction is to be made, jºi...o), 3%
Whenever said board shall seek any provisional remedy, or shall “”.”
prosecute any appeal, it shall not be necessary before obtaining or
prosecuting the same to give any undertaking, but such board shall
be liable in the Bame manner as if an undertaking had been given
in the ordinary manner.
§ 1092. The board of assessors shall not be in any way enjoined, 1840, ch. 551, $5.
restrained, hindered or delayed in the performance of the duty im- ºr
posed upon them in section eight hundred and sixty-eight of this act. *
§ 1093. The presiding justice, of the supreme court of the first tº º, $1.
judicial department, the chief judge of the court of common pleas jº
in and for the city and county of New York, the chief judge of the ºl
superior court of the city of New York, and the chief justice of the
marine court of the city of New York, or a majority of them, shall
designate a daily law journal, published in said city, in which shall
be published all calendars of the courts of record held in and for
said city and county, which calendars shall contain the numbers
and titles of the causes and names of the attorneys appearing
therein, with such particulars and notices in respect to such calen-
dars, or the causes thereon, as may be specified by the clerks of
said courts respectively, under the order of said courts, together
with every notice or advertisement in legal proceedings which may
be required by law to be published in one or more papers in said
city or county. If such notice or advertisement is required to be
published in only one paper, then such publication shall be made
in said paper ; but if such notice or advertisement is required to be
published in more than one paper, then one of such requisite
papers shall be the paper so designated ; provided that nothing
herein contained shall be held to apply to, or authorize, or require
any advertisement to be inserted in the journal to be designated as
aforesaid, which is directed by law or ordinance to be advertised
or inserted in the “City Record,” the official paper of the mayor,
aldermen and commonalty of the city of New York, nor to require
the publication in such paper of any advertisements, notices, reports,
or statements which on December seventeenth, eighteen hundred
and seventy-four, were under the direction and control of any officer
of the state government, provided that no greater sum shall be paid
per folio than was at said date allówed by law.
§ 1094. The expenses of the publication of calendars, directed 1875, ch.5, 52,
to be made by the preceding section, for each of the courts therein §ºw
named shall be paid in the same manner as the expenses of print-Pa".
ing and stationery for the use of said courts are now or shall here-
after be paid, and the amounts necessary for such payments, which
shall not exceed in the aggregate more than fifteen thousand dol-
lars per annum, shall be appropriated in the same manner as other
appropriations are provided by law to be made, for the expenses of
said courts; provided that no greater sum shall be paid per folio
than that allowed by law on December seventeen, eighteen hundred
and seventy-four, provided further, that not more than ten dollars
per annum shall be charged to each annual subscriber therefor.
§ 1091. No pºliº injunction shall be granted against the º, ø,
340 LAW LIBIRARY.
§ 1095. There shall continue to be a law library located in the
city of New York, which shall be known as the New York law
library. The said library shall be under the care and management
of the justices of the supreme court of the first judicial district,
who shall be the trustees thereof. All appropriations made for said
library shall be paid to said trustees, to be by them disbursed in
the purchase of books for said library. The said trustees may
make rules and regulations for the management and protection of
said library, and prescribe penalties for the violation thereof. They
may sue for and recover such penalties, and may maintain actions
for injuries to said library. They may procure proper furniture
for said library, hire suitable rooms, employ a librarian, provide
fuel and lights, and defray all the incidental expenses of the care
and management of the said library. They shall yearly ascertain
the amount necessary for the aforesaid purposes, and certify it to
the board of estimate and apportionment, who shall provide for
raising and paying the same.
§ 1096. The trustees of the state library are authorized to place
in the said library any duplicate of books in their possession which
they may deem proper, and the clerk of the court of appeals is
required to send to said library one copy of the printed cases
and points in all cases argued or submitted in said court.
§ 1097. Any person who shall willfully injure any of the books,
furniture, or property of said library shall be guilty of a misde-
TY1622,1]. OT.
§ 1098. The justices of the supreme court, in the exercise of
their jurisdiction within the city of New York, the justices of the
superior court of said city, and the judges of the court of common
pleas in and for the county of New York, shall have power to com-
mit to the inebriate asylum, under the control of the commissioners
of charities and correction, for a term not to exceed two years, all
persons who, being actual inhabitants of the said city, shall be inca-
pable or unfit for properly conducting their own affairs, in conse-
quence of habitual drunkenness. Such commitment shall be made
by any of said justices or judges, in any case where the facts
referred to in this section shall be made to appear by petition or
complaint, duly verified and presented by any relative of such
habitual drunkard, or by the commissioners of public charities and
correction, or any officer of the police doing duty within the said
city, and upon return of a commission issued upon such petition or
complaint. %
§ 1099. Upon the presentation of such petition or complaint,
the justice or judge to whom the same shall be presented, shall
proceed, in the same manner as is directed in title six of chapter
seventeen of of * the Code of Civil Procedure, in relation to the care
and custody of the persons and estates of idiots, lunatics, persons
of unsound mind and drunkards, and according to the rules and
practice of the Supreme court in such cases.
§ 1100. Upon becoming satisfied by return of a commission as
heretofore provided, that any person is an habitual drunkard and
incapable, in consequence thereof, of conducting his or her own
affairs, said justice or judge shall have power, in his discretion, to
1865, ch. 722, §§1,
2, Comp. 1481.
Justices of
Bupreme court
to be trustees.
Rules and penal-
tics,
Care of library.
1865, Ch. 722, $3,
Comp. I 481.
Books to bº
furnished.
Id. §4.
Misdemeanor'8.
1864, ch. 141, §§4,
5, Comp. 369.
By whom, for
what time, ine-
brjateH COm-
mitted to a By-
Jum.
Proceedings be-
fore Commit-
ment.
Id $6.
Id. $7. .
Justice or judge
to issue warraut
* So in original.
ACTIONS AGAINST THE CITY, 341
issue his warrant, committing the person so found to be an habitual
drunkard to the custody of the said commissioners of public charities
and correction, to be detained in the said asylum for such period, not
exceeding two years, as the said justice or judge may deem proper,
and such warrant shall be executed by any member of the police,
upon the request of said commissioners, or one of them. Any such
warrant, duly issued, shall be full and sufficient justification for all
acts done, by any properly authorized officer, under and in ac-
cordance there with.
§ 1101. Any justice or judge before whom proceedings may be
pending under the three preceding sections, may, after filing of any
complaint, and when in his judgment the circumstances of the case
render it proper so to do, commit the person charged with being an
habitual drunkard to the said asylum while proceedings on such
complaint are pending, and all persons so temporarily committed
shall be discharged from said asylum if, on return of a commis-
sion, it shall be determined that they are not proper persons to be
detained.
§ 1102. Any person committed to the said asylum, by order of
any justice or judge as heretofore provided, may be discharged
therefrom at any time before the expiration of the time for which
such person was committed, upon the order of any justice or judge
having jurisdiction as herein provided, upon such justice or judge
being satisfied that such person is cured and fit to be released.
Application for such discharge may be made by any person, pro-
vided, however, that previous notice of such application shall be
given in writing to the said commissioners of public charities and
correction. Upon any such application being made, the justice or
judge receiving the same shall proceed in the same manner as upon
Writs of habeas corpus.
§ 1103. The supreme court in the first judicial district, the court
of common pleas, and the superior court shall have exclusive
jurisdiction of all actions or special proceedings wherein the
mayor, aldermen and commonalty thereof are made a party
defendant.
§ 1104. No action or special proceeding shall be prosecuted or
maintained against the said mayor, aldermen and commonalty
unless it shall appear by, and as an allegation in the complaint or
necessary moving papers, that at least thirty days have elapsed
since the claim or claims upon which said action or special pro-
ceeding is founded were presented to the comptroller of said city
or adjustment, and that he has neglected or refused to make an
adjustment or payment thereof for thirty days after such present-
ment. 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 the judgment.
§ 1105. All process and papers for the commencement of actions
and legal proceedings against the corporation of said city shall be
served either on the mayor, comptroller, or the counsel to the cor-
poration. g
§ 1106. No execution shall be lawfully issued upon any judg-
ment recovered upon such a claim until after ten days' notice, in
Writing, of the recovery of such judgment shall have been given to
the comptroller.
1894, ch, 141, $8,
Comp. 369.
When inebriate
may be tem-
porarily com-
mitted.
Mode of dis-
charge.
Id. $11.
When inebriates
Imay be dis-
charged from
asylum.
1860, ch. 379, $1,
Comp. 1370.
1873, ch. 335,
$105
g º
Comp. 97.
Exclusive juris-
diction in cer-
tain cases.
Id. $2.
Actions against
the mayor,
aldermen. and
commonalty.
Id. $4.
Procession
Whom served.
Id. §5.
Ten days' notice
to be given be
fore issuing ex-
eCution,
342 'I'HE SUPREME COUIRT.
1880, ch. 595, $1.
Volume may be
read in evidence,
Presumptive
evidence of
special and local
law.H.
1852, ch. 374, §7,
Comp. 1272.
To pay extra to
justices of
Bupreme court.
1855, ch. 575, $2,
Comp. 1273.
Salary of justice
assigned.
1875, ch. 414, $1,
Comp. 1273,
Co. Cív. Proc.
$236
1880, Ch. 369.
Governor may
appoint judge of
other court to
hold terms of
Supreme court.
Case and excep-
tions to be
8ettled before
judge who tried
the action.
Co. Civ. Proc.
}
Comp. 2035.
1869, ch. 875, $1,
Comp. 1450.
1870, ch. 382, $1,
Comp. 1451.
1867, ch. 415, $2,
Comp. 1450.
Resolutions of
Supervisors,
§ 1107. The volumes entitled “The special and local laws.
affecting public interests in the city of New York,” and printed by
Order of the legislature of eighteen hundred and eighty, may be
read in evidence and cited in any court or proceeding. Said vol-
umes shall be considered as containing presumptively all special or
local laws affecting public interests in force in the city of New York,
on the first day of January, eighteen hundred and eighty, but this
presumption shall not be considered as extending to special laws
relating to any corporation (other than the mayor, aldermen and
commonalty), or to any association or society, nor shall the inser-
tion or omission of any law relating to any such corporation be con-
strued as in any manner affecting the corporate existence of any
such corporation or its possession of its franchise.
Title 2–The Supreme Court.
§ 1108. It shall be lawful for the board of estimate and appor-
tionment to provide for the raising by tax, and for payment
to the justices of the supreme court resident in the first dis-
trict, of such additional annual compensation as they may deem
proper.
§ 1109. Whenever any justice of the supreme court from an
judicial district, other than the first judicial district, shall be duly
assigned to hold any court or perform judicial duties in and for the
first judicial district, it shall be lawful for the board of aldermen 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,
including the time necessarily devoted to the examination and
decision of cases heard by such court while he may be a member
thereof.
§ 1110. The governor may, when in his opinion the public
interest so requires, designate one or more judges of the Superior
court, or of the court of common pleas, to hold terms of the circuit
court, and special terms of the Supreme court, in said city. The
designation must be in writing, and must specify each term, and the
judge designated to hold the same. A case of exceptions, in a
cause tried at such a term, must be settled before the judge who
held the same, and a judge thus designated may, after the expi-
ration of the period of such designation, decide, finally determine,
and dispose of any action, proceeding, or motion that may have
been tried or heard before him ; and such judge, during the period
of such designation, possesses, within the city of New York, all the
powers of a justice of the supreme court, in or out of court, to
make orders in any action or special proceeding in the Supreme
court.
§ 1111. Two or more terms of the circuit court may be
appointed to be held, and may be held, at the same time, in said:
citv.
'. 1112. There shall be in the supreme court in said city the
following clerks to be appointed by the county clerk: a law clerk
and an equity clerk, at an annual salary of thirty-five hundred dol-
lars each ; a clerk of the general term, a clerk of the special term,
and a clerk at chambers, at an annual salary of two thousand
CLERKS AND ATTEND ANTS OF SUPREME COURT. 343
dollars each ; a clerk of each of the parts one, two, and three of the g; . . .
circuit, at an annual salary of two thousand dollars each, and two ºec. º. iśń.
additional clerks to be assigned to part one of the circuit, at an # º
annual salary of fifteen hundred dollars each. jº
§ 1113. The judges of the supreme court within the first judicial Nº. 21.3%;
e tº tº º sº e g Feb. 1, 1859.
district, or a majority of them, from time to time, may appoint, ºcíº...e.
and at pleasure remove, such attendants upon the court, including #.”
the circuit court and the court of oyer and terminer, as they think §§
necessary for the due transaction of the business thereof; not i. *.
exceeding four attendants for each part, and four for the general * * * *
term. Their salaries shall be twelve hundred dollars per annum ;
but the salaries of attendants appointed after May twenty-
ninth, eighteen hundred and eighty, shall be one thousand dollars
€1 a, Illſ). UlDOl.
§ 1114. The justices of the supreme court for the first judicial gº
district, or a majority of them, must appoint, and may at pleasure *iº.
remove, a stenographer for each term of the circuit court, for the ###.
general term of the supreme court, and for each special term of the
supreme court, where issues of fact are triable, which constitutes a
separate part. Each stenographer so appointed is entitled to a
salary of twenty-five hundred dollars per annum. He must attend
all the sittings of the part for which he is appointed. If any judge
requires a copy of any proceedings written out at length from the
stenographic notes, he may make an order, directing one-half of the
stenographer's fees therefor to be paid by each of the parties to
the action or special proceeding, at the rate of ten cents for each
folio so written out, and may enforce payment thereof. If there are
two or more parties on the same side, the order may direct either of
them to pay the sum payable by their side for the stenographer's
fees; or it may apportion the payment thereof among them, as the
judge deems just.
§ 1115. The judge who holds, in the first judicial district, an ex- Id, $252.
traordinary term of the circuit court, or an extraordinary special ś
term of the supreme court, must appoint a stenographer for that * * *
term, who is entitled to a compensation, at the rate and in the
manner prescribed by law for the official stenographer.
§ 1116. The justices of the supreme court of the first judicial gº. 9.
district, or a majority of them, are hereby authorized to appoint &rieſ of court.
from time to time, as shall be necessary, a suitable person to dis-
charge the duties of crier of the supreme court in the city and
county of New York; such person to be paid such compensation
and in such manner as the board of estimate and apportionment
shall determine.
§ 1117. A motion, upon notice, in an action in the supreme gºiy Proc.
court triable in the first judicial district, must be made in that §%.
district; a motion, upon notice, cannot be made in that district, ...?" **
in an action triable elsewhere. But this section does not apply
to a case where it is specially prescribed by law, that a motion
may be made in the county, where the applicant, or other per-
son to be affected thereby, or the attorney resides. In the first
judicial district, a motion which elsewhere must be made in court,
may be made to a judge out of court, except for a new trial on the
nerits.
§ 1118. A certiorari to review and correct on the merits, any 1859, ch. 302, $20,
344 POWER TO T)FCREE ABSOLUTE SALE.
Comp. 559.
teview to be
allowed by
Court,
1847, ch. 391, $1,
as amended,
1848, ch. 32, $1,
Comp. 1275.
POWer of
811 preme Court
to decree an ab-
Holute Bale.
1847, ch. 391, $2,
Comp. 1275.
Sale, how to be
made and con-
ducted,
Proviso.
Ch. 32, $2,
Comp. 1276.
Id. $3.
Provision in
Ca$e of infants,
Id. §§4, 5.
#. how to
be Herved on
OW ner8.
decision or action of the commissioners of taxes and assessments
in pursuance of sections eight hundred and nineteen and eight hun-
dred and twenty 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.
§ 1119. In all cases where several persons are the owners, or
claim to be the owners of any real estate or chattels real, lying
within the bounds of the city and county of New York, having
different estates, or estates in common therein, in possession, remain-
der, 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 the 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 pre-emption, and to make such
disposition of the net moneys arising from 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.
§ 1120. Such sale shall be made and conducted on like notice
by the like officer, and in the same manner and form as sales of
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 deliv-
ered 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
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-resi-
dents of this state, by publication for three months successively,
twice in each week, in two of the daily papers published 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.
§ 1121. In all cases where any owner shall be an infant, a
guardian shall be appointed for such infant, who shall give the like
security, and possess the like powers, and discharge the like duties
as in cases for the partition of lands.
§ 1122. Whenever any owner shall reside in the city of New
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,
COURT OF COMMON PLEAS AND SUPERIOR, CITY COURT. 345
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. Any of the parties to said suit
may become the purchaser on said sale.
Title 3.−The Court of Common Pleas and the Superior Court.
§ 1123. The court of common pleas for the city and county of go.giv. Prog.
New York and the superior court of the city of New York are courts §§.
of record. The judges thereof are magistrates. The court of common gººs,
pleas for, the city and county of New York, and the superior £º
court of the city of New York consist of six judges for each court, tº: ºf
one of whom must, from time to time, as a vacancy occurs, be *
pºinted chief judge of his court, as prescribed in the constitu-
1OJO.
§ 1124. When the official term of any judge of the superior 1870, ch, 85, $92,
court or of the court of common pleas will expire at the close of any ºf
year, by the effluxion of time or the disability of age, the successor ...”
of such judge shall be chosen at the preceding general election.
Vacancies otherwise occurring in the said offices shall be filled in the
manner prescribed in the ninth section of the sixth article of the
constitution.
§ 1125. The superior court and the court of common pleas gº, giv.ºrg.
respectively may, from time to time, by an order made at general term, ś"
direct the clerk of the court to destroy any of the following papers, ...
now filed, or hereafter to be filed in his office, which the court deems
to have become useless, to wit: Pleadings or copies of pleadings
furnished for the use of the court; jury panels and returns of inferior
courts, which have been embodied in judgment-records or judgment
rolls. But this provision does not authorize the destruction of a
judgment-roll or a paper incorporated or necessary to beincorporated
into a judgment-roll. º
§ 1126. The civil jurisdiction of the superior court and the court go, civ. Proc.
of common pleas extends to the following actions and special pro- ëp. 1279.
ceedings, in addition to the jurisdiction, power, and authority ...º.
conferred upon either of said courts, in a particular case, by special superior city
statutory provision : • Courts.
1. To an action of ejectment; for the partition of real property;
for dower; to foreclose a mortgage upon real property or upon a
ghattel real; to compel the determination of a claim to real property;
for waste; for a nuisance; or to procure a judgment directing a
Conveyance of real property; and to every other action to recover or
to procure a judgment, establishing, determining, defining, forfeiting,
annulling, or otherwise affecting an estate, right, title, lien, or other
interest in real property or a chattel real. But jurisdiction
attaches under this ºo:: only where the real property to
which the action relates is situated within the city of New York.
2. To an action for any other cause, where the cause of action
arose within that city ; or where the defendant is a resident of that
§ty ; or where the summons is personally served upon the defendant
therein ; or where the action is brought to recover a penalty, or for
346 JURISDICTION OF THE COURT OF
any other cause of action given by the charter, a by-law or an ordi-
nance of that city.
3. To an action to recover damages for an injury to real property,
or a chattel real ; or for the breach of a contract, express or implied,
relating to real property or a chattel real ; where the real property
is situated within that city, or where the defendant is a resident of
that city, or where the summons is personally served upon the
defendant therein.
4. To an action to recover a chattel; to foreclose or enforce a lien
upon personal property; or to recover damages for an injury to
personal property; where the property to . the action relates
is situated within that city at the time when the action is commenced.
If the property consists of one or more shares in the capital stock
of a domestic corporation or joint-stock association, whose principal
place of business is located or established within that city, or of a
debt due from, or money, or a thing in action, in the possession or
under the control of, such a corporation or joint-stock association,
it is deemed to be situated within that city, within the meaning of
this subdivision.
5. To a judgment creditor's action; where the judgment upon
which the action is founded was recovered in the same court.
6. To an action for any cause brought by a resident of the city,
against a natural person, who is not a resident of the state.
7. To an action brought by a resident of that city against a
foreign corporation, either (one) to recover damages for the breach
of a contract, expressed or implied, or a sum payable by the terms
of a contract, express or implied, where the contract was made,
executed or delivered within the State, or where the cause of action
arose within the State ; or (two) where a warrant of attachment,
granted in the action, has been actually levied, within that city,
upon property of the corporation ; or (three) where the summons
is served by a delivery of a copy thereof, within that city, to an
officer of the corporation, as prescribed by law.
8. To the custody of the person and the care of the property,
concurrently with the supreme court of a person residing in that
city, or residing without the state and Sojourning in that city, who
is incompetent to manage his affairs by reason of lunacy, idiocy or
habitual drunkenness; and to any special proceeding which the
supreme court has jurisdiction to entertain, for the appointment of
a committee of the person or of the property of such an incompe-
tent person, or for the sale or other disposition of the real property,
situated within that city, of a person wherever resident, who is so
incompetent, or who is an infant; or for the sale or other disposi-
tion of the property, or the voluntary dissolution of a domestic
corporation, whose principal place of business is located or estab-
lished within that city, or for the sale or other disposition of the
real property situated within that city, of a domestic corporation,
wherever it is located.
9. To any other special proceeding which the supreme court
has jurisdiction to entertain, where the person against whom it is
brought is a resident of that city, or the mandate by which the
special proceeding is commenced is personally served upon him
within that city, or all the acts or omissions upon which it is
founded were done or committed within that city, or the subject
(JOMMON PLEAS AND SIJPERIOR COURT, 347
thereof is situated within that city; or where the special proceed-
ing is brought for such a purpose, or under such circumstances that
the said superior court or court of common pleas would have juris-
diction of an action for the like purpose, or under the like circum-
stances, by the terms of subdivision first of this section.
§ 1127. For the purpose of determining the jurisdiction of the
said courts in a case specified in the last section, a domestic cor-
poration or joint stock association, whose principal place of busi-
ness is established, by or pursuant to a statute, or by its articles of
association, or is actually located, within the city of New York, is
deemed a resident of that city; and personal service of a sum-
mons made within that city, as described in the Code of Civil Pro-
cedure, or personal service of a mandate, whereby a special pro-
ceeding is commenced, made within that city, as prescribed in said
act for personal service of a summons is sufficient service thereof
upon a domestic corporation, wherever it is located.
§ 1128. Where an action or a special proceeding is brought
against two or more parties, and the jurisdiction of the said courts
depends upon the residence of a party, within the city ; or per-
sonal service upon him within the city, of the summons or the
mandate for the commencement of the special proceeding ; or the
levying of a warrant of attachment within the city; and jurisdic-
tion is thus acquired as against one or more, but not as against all of
them, the jurisdiction, with respect to the others, is governed by
the following rules:
1. Where the action or special proceeding is founded upon a
contract, upon which two or more persons are jointly liable, and the
court has or acquires jurisdiction thereof, as against One of them,
it has jurisdiction thereof as against all the persons so jointly
liable. But this subdivision does not extend to a case where the
liability is several as well as joint.
2. Where an action or a special proceeding brought against a
public officer, together with one or more private persons, is founded
upon an official act or omission; or where an action or a special pro-
ceeding brought against a corporation, together with one or more
natural persons, is founded upon an act or omission of the corpora-
tion ; and the court has or acquires jurisdiction thereof as against
the public officer or the corporation ; it has jurisdiction thereof as
against all persons who are necessary parties to the complete de-
termination of the controversy.
3. Where it is not necessary to the complete determination of
the controversy, that all the parties thereto should be subjected to
the jurisdiction of the court, the action or special proceeding may
be discontinued or dismissed, as to the parties over whom the court
has not jurisdiction, and proceed as to the others, as if they were
the only parties against whom it was brought.
§ 1129. The jurisdiction of the said courts in an action or a
Special proceeding brought therein, must always be presumed. It
18 not necessary to set forth in a complaint in such an action, or in
the petition or other statement of the case in such a special pro-
ceeding, any of the jurisdictional facts specified in section eleven
hundred and twenty-six of this act; and where the defendant in the
action, or the person against whom the special proceeding is in-
stituted, appears, the want of jurisdiction, by reason of the non-
Co. Civ. Proc.
$264,
Comp. 1281.
I}omestic cor-
poration4, etc.,
when deemed
re-jdents, etc.
Id. $265.
Where there are
two or more de
fendants.
Co. Civ. Proc,
$266,
Comp. 1282.
Jurisdiction to
be presumed ;
want of juris-
diction matter
of defense.
348 TEMOVAL OF ACTIONS INTO SUIPREME COURT.
CO, Civ. T’l Oc
$267,
omp. 282.
Jurisdiction,
etc., to be co-
extensive with
that of Supreme
Court
Id. $268.
Id. ; in special
proceedings out
of court.
Id. $269.
Actions, etc.,
may be removed
into supreme
COurt,
Co. Civ. Proc.
omp. 1283.
Where and in
what cases or-
der for removal
to be granted.
Id, $271.
Appeal from or-
der of removal.
Id. $272,
Order to stay
proceedings to
procure removal
99; Civ, Proc,
&#p. 1283.
existence of any of those facts is a matter of defense, and is waived
by the appearance, unless it is pleaded in defense.
§ 1130. Where either of said courts has jurisdiction of an action
or special proceeding, it possesses the same jurisdiction, authority,
and power in and over the same, and in the course of the proceed-
ings therein, which the Supreme court possesses in a like case ; and
it may render any judgment, or grant either party any relief, which
the supreme court might render or grant in a like case, and may
enforce its mandates in like manner as the Supreme court. And
each judge of such court possesses the same power and authority,
in the action or special proceeding, which a justice of the Supreme
court possesses in a like action or special proceeding brought in
the supreme court.
§ 1131. Each judge of said courts also possesses the same power
and authority, in a special proceeding, which can be lawfully
instituted before him, out of court, which a justice of the Supreme
court possesses in a like special proceeding instituted before him in
like manner.
§ 1132. The supreme court may, by an order made at any time
after joinder of an issue of fact, and before the trial thereof,
remove to itself an action or a special proceeding pending in either
of said courts, for the purpose of changing the place of trial or
hearing thereof. Where an order for a removal is made, as pre-
scribed in this section, the place of trial or hearing must be changed
by the same order to another county. A certified copy of the order
lmust be filed in the office of the clerk of the court in which the
action or special proceeding was commenced. Thereupon it is
removed into the Supreme court; and the subsequent proceedings
therein must be the same as if it had been originally brought in
the Supreme court.
§ 1133. An order for the removal of an action or special pro-
ceeding, as prescribed in the last section, can be made Only upon
notice, and by a special term of the supreme court, where the
motion might be made if the action or special proceeding was
pending in the Supreme court, and brought in the county of New
York; and in a case where an order, changing in like manner the
place of trial or hearing, would be granted if the action or special
proceeding was pending in the Supreme court.
§ 1134. An appeal from an Order, made upon such a motion,
must be taken and heard in like manner as if the action or special
proceeding was pending in the supreme court and triable in the
county of New York. Such an appeal brings up to the general
term, and thence to the court of appeals, if the order is appealable
to that court, all questions which were before the special term, and
the appellate tribunal must dispose of the same as if they were
Originally presented to it.
§ 1135. An order to stay proceedings, for the purpose of afford-
ing an opportunity to make such an application for removal, ma
be made by a judge, authorized to make an order to stay proceed-
ings, either in the court where the action or special proceeding is
pending, or in the supreme court, and with like effect, and under
like circumstances.
§ 1136. If all the judges of either of said courts are, for any
reason, incapable of sitting upon the trial of an action, or the
REMOVAL OF ACTIONS INTO SUPIREME COURT. 349
hearing of a special proceeding pending therein, or if all, or all but
one, of the judges of either of Said courts are incapable of sitting
upon the hearing of an appeal therein, the judges of the court, or a
majority of them, must make and file in the office of the clerk of
the court a certificate of the fact. Thereupon the action or special
proceeding is removed to the Supreme court; and the subsequent
proceedings therein must be the same as if it had been originally
brought in the Supreme court.
§ 1137. The Supreme court, where the parties manifest in writing
their consent, must make an Order directing that an action or special
proceeding, pending in that court and triable in the county of New
York, be removed to either of said courts as specified in the consent.
A certified copy of the order must be filed in the office of the clerk
of the court to which the action or special proceeding is ordered
to be removed. Thereupon it is removed accordingly ; and all sub-
sequent proceedings therein must be the same as if it had been
originally brought in said court.
§ 1138. Where an action or special proceeding is removed from
one court to another, the clerk of the court from which it is removed
must forthwith deliver to the clerk of the court to which it is
removed all papers filed therein, and certified copies of all minutes
and entries relating thereto, which must be filed, entered, or
recorded, as the case requires, in the office of the last-mentioned
clerk. If the action or special proceeding is removed to the
supreme court, and the place of trial or hearing changed, the
delivery must be made to the clerk of the county in which the order
of removal directs the trial or hearing to be had.
§ 1139. The removal of an action or special proceeding does not
Removal to
Supreme court
when judges of
city court can-
not act,
Id. $274.
Removal from
Supreme court
to city court by
COIn 86°nt.
Id. $275.
Duty of clerks
when removal
made,
Co. Civ. Proc.
invalidate or in any manner impair a process, provisional remedy, Ś.
or other proceeding, or a bond, undertaking, or recognizance, in the
action or special proceeding so removed ; each of which continues
to have the same validity and effect as if the removal had not been
made. Where bail has been given, the surrender of the defendant
in the court to which the action or special proceeding was removed,
has the same effect as a surrender in the court from which it was
removed would have had if the action or special proceeding had
remained therein.
§ 1140. In an action or special proceeding brought in the
Superior court or the court of common pleas, an order may be
made without notice, or an order to stay proceedings may be made
upon notice by the county judge of the county where the attor-
ney for the applicant resides, in a case where a judge of either
# said courts might make the same out of court, and with like
effect. s
§ 1141. Either of said courts has power, in an action or special
|proceeding of which it has jurisdiction, to send its process and
other mandates into any county of the state for service or execu-
tion, and to enforce obedience thereto, with like power and authority
as the supreme court.
§ 1142. The judges of each of said courts, or a majority of
them, must, from time to time, appoint the times for holding the
the general, special, and trial terms of their court. They must also
assign the iº to hold each of the terms, and designate the trial
terms at which issues of fact are triable by a jury. A general,
Comp. 1284.
Removal not to
affect validity of
former proceed-
ings, etc.
Id. §277.
When county
judge may make
Order.
Id. $287.
Power to Send
process to any
county.
Co. Civ. Proc.
$280,
Comp. 1284.
Appointment of
terms, etc.
350 CLERXS OF THE SUPERIOR, CITY COURTS.
'Co. Civ. Proc.
98]
}omp. 1285.
General terms,
by whom held,
6tc.
Id. $282.
Special and trial
terms.
Id. $283.
New records,
etc., in place of
mutilated or in-
jurcd.
Id. $284.
Clerks and
deputy clerks.
Id. $285,
as amended.
1879, ch. 542.
Special deputy
clerks.
Co. Civ. Proc.
$288,
Comp. 1286.
A88istants, etc.,
in clerks” offices.
Co. Civ. Proc.
§p. 1286,
a special, and one or more trial terms may be appointed to be held,
and may be held at the same time. The judges, or a majority of
them, must also appoint reasonable times when a judge must
attend at chambers, and designate the judge to attend for that
purpose. Each appointment, made as prescribed in this section,
must be signed by the judges making the same, and filed in the
clerk's office. A copy thereof must be published in the newspaper
printed in Albany, in which legal notices are required to be pub-
lished, and in the daily law journal designated according to law, at
least once in each week, for three successive weeks, before a term
is held by virtue thereof.
§ 1143. A general term of either of said courts must be held by
at least two judges. Two must concur to determine a cause,
otherwise it must be reheard; except that if the remaining judge
or judges are disqualified to sit upon an appeal, the judgment
or order appealed from must be affirmed, unless a rehearing is
directed.
§ 1144. A special term or a trial term of either of said courts
must be held by one judge.
§ 1145. When the chief judge of either of said courts certifies
that a book of minutes, records, indices, or dockets of judgments,
in the office of the clerk of the court, has become so mutilated or
injured that it cannot be conveniently used or correctly examined,
the clerk of the court must cause a copy thereof to be made. The
expense of making the copy, not exceeding ten cents for each folio,
is a charge upon the city, and it must be paid by the comptroller,
upon the certificate of the clerk that the copy was made pursuant
to his direction. The copy, when certified by the clerk to be a
correct copy of the orignal, has, presumptively, the effect of the
original. The original must be preserved, and may be referred to
any time, by the direction of a judge of the court.
§ 1146. Each of said courts has a clerk who is appointed, and
may be removed at pleasure, by the judges of the court, or a
majority of them. Each clerk, by a writing under his hand and the
seal of the court filed in his office, must appoint, and may at pleas-
ure remove, a deputy clerk. The deputy clerk has all the powers,
and may perform all the duties of the clerk, when the office of clerk
is vacant, or at the clerk's office, when the clerk is absent there-
from, or at a term or sitting of the court, which the deputy clerk
attends. Each clerk and each deputy clerk must subscribe, and
file in the clerk’s office, the constitutional oath of office ; and is
entitled to a salary, fixed and to be paid as prescribed by law.
§ 1147. A special deputy clerk appointed as prescribed by law,
possesses the same powers as the clerk, at a sitting or term of the
court which he attends, with respect to the business transacted
thereat.
§ 1148. The clerk of each of those courts may appoint, and at
pleasure remove, such special deputy clerks and other assistants as
he deems necessary; but a special deputy clerk or an assistant, so
appointed, is not entitled to any compensation out of the treasury of
the city of New York, unless his compensation is fixed by law, or
allowed pursuant to law.
§ 1149. The judges of each of those courts, or a majority of
them, must appoint, and may at pleasure remove, a stenographer
JURISDICTION OF THE SUIPERIOR CJTY COURTS. 351
for each term of the court, for the trial of issues of fact, consti-
tuting a distinct part. Each stenographer so appointed is entitled
to a salary, fixed and to be paid as prescribed by law. He must
attend all the sittings of the part for which he is appointed. If
the judge requires a copy of any proceedings written out at length
from the Stenographic notes, he may make an Order directing one-
half the stenographer's fees therefor, to be paid by each of the
parties to the action or special proceeding, at the rate of ten cents
for each folio so written out, and may enforce payment thereof. If
there are two or more parties on the same side, the Order may
direct either of them to pay the sum payable by their side for the
stenographer's fees, or it may apportion the payment thereof
among them, as the judge deems just.
§ 1150. The judge who holds an extraordinary trial term of
either of those courts must appoint a stenographer for that
term, who is subject to all the provisions of law relating to an
assistant stenographer, and is entitled to a compensation at the
rate and in the manner prescribed by law for the official stenog-
rapher.
r; 1151. The judges of each of those courts, or a majority of
them, must appoint, and may at pleasure remove, one crier for
their court. Each crier so appointed is entitled to a salary, fixed
and to be paid as prescribed by law. He is not entitled to any
other compensation.
§ 1152. The clerks of the court of common pleas and the superior
court must account for all fees received by them respectively for
their official services, and pay the same into the city treasury, as
prescribed by law.
§ 1153. The judges, or a majority of them, of the court of
common pleas and the superior court, from time to time, may
appoint, and at pleasure remove, such attendants upon the
courts of which they are respectively members, as they think
necessary for the due transaction of the business thereof; not
exceeding four attendants for each part, and four for the general
term.
§ 1154. The court of common pleas and the superior court shall
also have jurisdiction in the following cases:
1. Of applications by the general guardian of an infant and b
the committee of an idiot, lunatic, or habitual drunkard for author-
ity to agree to a partition of the real property of such infant, idiot,
lunatic, or habitual drunkard, situated in the city.
2. Of applications for leave to prosecute the sheriff's official
bond, where he is liable for the escape of a prisoner committed to
his custody, or is guilty of any other actionable default or mis-
conduct in his office, where the application is made by the persons
in ured thereby.
3. Of applications for leave to prosecute the official bond of the
surrogate, or person acting as surrogate, who has been guilty of
any actionable default or misconduct in the office, where the
application is made by the person injured thereby.
4. Of an application for leave to prosecute the official bond of
the county treasurer, who has failed to pay or deliver, in accord-
ance with an order of court duly served upon him, any money,
stocks, securities, or other investments held by him subject to the
Stenographers.
Id. $290.
Stenographer
for extra term.
Id. $291.
Criers.
Co. Civ. Prov.
§3284.
Clerks to ac-
Count for fees,
Co. Civ. Proc.
$93, Comp. 1269.
Attendants
upon courts.
Co. Civ. Proc,
§§1590, 1591.
Id. §1880.
Id. §§1886, 1889.
Co. Civ. Proc.
§§1887, 1889.
352 JURISDICTION OF THE SUPERIOR CITY COURTS,
(!(). Civ. Proc,
§§1888, 1889,
Co. Civ. Proc.
§§2008, 2009,
2010, 2011.
Habeas corpus.
Id.; in suit be-
fore justice of
the peace, etc.
Writ not to issue
to bring up pris-
one, under
(leath Hentence
for felony, ex-
cept on applica
tions of people.
CO, Civ. Proc.
§§2045, 2046,
2047.
direction of that court, where the application is made by the per-
son injured thereby.
5. Of an application for leave to prosecute the official bond
given to the people by any public officer, in cases where special
provision is not made by law, for the prosecution of the bond, by
or for the benefit of a person who has sustained, by his default,
delinquency, or misconduct, an injury, for which the sureties upon
the bond are liable, where the application is made by such person
so injured.
§ 1155. A writ of habeas corpus, for the purpose of bringing
before the court a prisoner, detained in a jail or prison within the
state, to testify as a witness in a pending special proceeding, civil
or criminal, in behalf of the applicant, before any officer or body
in said city authorized to examine a witness therein, may be issued
by a judge of the court of common pleas or superior court upon
the application of a party to such special proceeding, civil or crim-
inal, made in the manner prescribed by law. Such a writ may also
be issued by any such judge upon the application of a party to
the action pending in a district court of the city of New York, to
bring before the court, to be examined as a witness, a prisoner
confined in the jail of the city or county, or an adjoining county.
A writ shall not be issued, by virtue of this section, to bring up a
prisoner, sentenced to death, nor Shall it be issued to bring up a
prisoner confined under any other sentence for a felony; except
where the application is made in behalf of the people to bring him
up as a witness on the trial of an indictment, and then only by and
in the discretion of the judge, upon such notice to the district
attorney of the county wherein the prisoner was convicted, and
upon such terms and conditions, and under such regulations, as
the judge may prescribe.
§ 1156. Upon the production of a final order made upon the re-
turn to a writ of certiorari issued according to law, fixing the sum
in which a prisoner confined in said city is to be admitted to bail;
specifying the court, and the term thereof, at which he is required
to appear; and directing his discharge, upon bail being given
accordingly, as required by law or, where such order was ift. by
court, upon the production of a certified copy to a judge of the
court of common pleas or superior court, the judge must take the
recognizance of the prisoner, with two sureties, in the sum so fixed,
conditioned for the appearance of the prisoner as prescribed in
the order. Each person offering himself as a Surety must show,
by his oath, to the satisfaction of the judge, that he is a house-
holder in the county, and worth twice the sum in which he is
required to be bound, over and above all demands against him. It is
not necessary that the prisoner should appear in person before the
judge to acknowledge the recognizance, but it may be acknowl-
edged by the prisoner, and certified in like manner as a deed to be
recorded in the county. The judge must immediately file the
recognizance with the clerk of the court before which the prisoner
is bound to appear. He must also make a certificate upon the
order, or the certified copy thereof, to the effect that it has been
complied with. Upon the production of the certificate, the pris-
Oner is entitled to his discharge from imprisonment, for any cause
stated in the return to the certiorari.
JURISDICTION OF THE SUIPERIOR CITY COURTS. 353
§ 1157. Where a prisoner who stands charged upon a criminal
accusation with a bailable offense has perfected an appeal to the
court of appeals, from a final order of the court of common pleas
or the superior court affirming an order refusing his discharge or
reversing an order granting his discharge, the court, from whose
order the appeal is taken, or a judge thereof, must, upon his appli-
cation, admit him to bail in the manner prescribed by law, but the
recognizance must be conditioned to appear at a general term of
the court from which the appeal is taken, to abide by and perform
its judgment or order, made after the determination of the appeal.
§ 1158. The court of common pleas and the superior court have
jurisdiction to issue a writ of certiorari in the same manner and to
the same extent as the supreme court, except in cases where it is
otherwise expressly provided by law. -
§ 1159. In an action brought in the court of common pleas or
the superior court to foreclose a lien upon a chattel, the court or a
judge thereof has jurisdiction in a case provided by law to issue a
warrant to the sheriff, commanding him to seize the chattel and
safely keep it, to abide the final judgment in the action. -
§ 1160. Whenever, by the decision of the general term of the
court of common pleas or the superior court, a construction is
given to a statute, an act done, in good faith, and in conformity to
that construction, after the decision was made, and before a reversal
thereof by the court of appeals, is so far valid, that the party doing
it is not liable to any penalty or forfeiture, for an act that was
judged lawful by the decision of the court below.
§ 1161. The court of common pleas and the superior court may
each direct that money paid into that court in an action brought
therein on a bond, mortgage, or other security, Or public stock, in
or upon which it has been invested or loaned, be transferred and
delivered to a general or special guardian, committee, or other
trustee, upon his giving, or if he has given, security, satisfactory to
the court for the faithful execution of his trust; or that a bond,
mortgage, or other security, or public stock, be taken by and in the
name of the guardian, committee, or other trustees; and be col-
lected, invested, or loaned, as the court directs, or as prescribed in
the general rules of practice.
§ 1162. The court of common pleas and the superior court shall
each continue to exercise the jurisdiction and powers vested in such
court by law on the first day of September, eighteen hundred and
seventy-seven, and according to the course and practice of the
court, except as otherwise prescribed in the Code of Civil Procedure
or subsequent acts.
§ 1163. The court of common pleas has power and jurisdiction
to correct or discharge a judgment, entered in any court held
within that city and county, upon a forfeited recognizance, or the
docket of such a judgment, in like manner as if it was a judgment
rendered in that court ; to remit a fine or forfeited recognizance, in
a case where a county court can remit the same, and in like manner;
and to entertain any special proceeding, which, in any county, except
New York, may be instituted in the county court.
§ 1164. The court of common pleas has exclusive jurisdiction of
the application of an insolvent debtor, who resides in the city of
New York, to be discharged from his debts in accordance with the
Co. Civ. Proc.
§§2060, 2062.
Co. Civ. Proc.
$2128.
Co. Civ. Proc.
§§1737, 1738.
Co. Civ. Proc.
$1961.
When action
cannot be main-
tained.
Co. Civ. Proc.
§§747, 748,
Comp. 1286.
Co. Civ, Proc. §4,
Comp. 1286.
Co. Civ. Proc.
$286,
Comp. 1285.
Special jurisdic-
tion of the com-
mon pleas,
Co. Civ. Proc.
§4% 2150,
2188, 2200, 2201.
Insolvent
debtors.
23
354 CLERK OF THE COURT OF COMMON PLEAS.
Co. (iv. Proc. *
2219. L.”
rustees of .
property of pris-
On erS.
Co. Civ. Proc.
3410.
roceedings for
change of name.
Clerk of com-
mon pleas to
make return, etc.
Co. Civ. ProC.
2418.
Co. (jiv. Proc,
§§2432, 2434.
Co. Cív. Proc.
;" 2061,
2062,
1854, ch. 198,
Comp. 1287.
Clerk’s Office.
1854, ch. 198, §3,
Comp. 1287.
1868, ch. 854, $1,
Comp. 1289.
1869, ch. 664, $2,
Comp. 1288.
1870, ch. 382, $1,
Comp. 1290.
Co. Civ. Proc.
284,
omp. 1285.
1880, ch. 521, $2,
Resolution
board of super-
visors, Sept. 17,
1869.
provisions of chapter seventeen, title one, article one of the Code of
Civil Procedure, and of applications in accordance with article
second thereof, by an insolvent debtor, who resides or is imprisoned
in said city, to be exempted from arrest or discharged from impris-
onment; and of applications for discharge in accordance with
article third thereof, by a person imprisoned in said city by virtue
of an execution to collect a sum of money issued in a civil action
or special proceeding.
§ 1165. The court of common pleas and superior court have
jurisdiction of applications to appoint one or more trustees to take
charge of the property of a person imprisoned in a state prison, for
a term less than for life; or in a penitentiary or county jail, for a
criminal offense, for a longer term than one year; in cases where
the prisoner resided at the time of his imprisonment in said city,
or, if he was not then a resident of the state, where he is imprisoned
in said city.
§ 1166. The court of common pleas has exclusive jurisdiction
of proceedings to change the name of any person residing in said
city.
§ 1167. The clerk of the court of common pleas must annually,
in the month of December, make a return to the secretary of
state, of all the changes of names of persons, which have been
made within his county, since his last return, as prescribed by law.
§ 1168. A judge of the court of common pleas has jurisdiction
in proceedings supplementary to execution, as provided in chapter
seventeen, title twelve of the Code of Civil Procedure, where the
execution was issued to said city from a court other than the marine
court.
§ 1169. A judge of the court of common pleas has jurisdiction
to take and approve a recognizance in behalf of a prisoner entitled
to give bail in a sum fixed in accordance with law pending an appeal
from a final order duly made dismissing proceedings of habeas
corpus or certiorari, remanding him or otherwise refusing to dis-
charge him. •
§ 1170. The common council must, by ordinance, assign the
clerk of the court of common pleas a suitable office in the city hall
in that city.
§ 1171. There may be in the court of common pleas a deputy
clerk and twelve assistants. The salary of the clerk is six thousand
dollars a year; the salary of the deputy clerk is five thousand dol-
lars a year; the salaries of eleven of the assistant clerks are two
thousand five hundred dollars each a year, and the salary of one of
the assistant clerks is two thousand dollars a year; the salary of
the stenographers is two thousand five hundred dollars each ; the
salaries of the officers or attendants are twelve hundred dollars
each. But the salaries of the persons appointed after May twenty-
ninth, eighteen hundred and eighty, to the positions of clerk, dep-
uty clerk, assistant clerks, or attendants, or officers to said court
shall be as follows: Of the clerk, four thousand five hundred dol-
lars; of the deputy clerk, two thousand dollars, and of the assistant
clerks, one thousand five hundred dollars each ; of the attendants
or officers, one thousand dollars each, and such salaries shall be all
that the persons holding such offices respectively shall be entitled
to receive from the treasury of the city for any and all services
CILERK OF SUPERIOR COURT. 355
rendered to the city or county during the term for which such
salary shall be received.
§ 1172. The superior court shall be held at the city hall of the
city of New York, and the terms thereof shall respectively be called
after the different months in which they are held, and they may be
continued and held from the time of their commencement, every
day, Sunday excepted, until and including the last Saturday of the
same month.
§ 1173. The clerk shall keep his office at the city hall of the
city ºw York, and attend the said court and officiate as clerk
thereof.
§ 1174. Writs of subpoena issuing out of the said court shall be
obligatory upon any witness duly served there with 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 an
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 return-
ing 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.
§ 1175. The board of aldermen are authorized and empowered
to require from the clerk of the superior court and from any of his
assistants, such security for the faithful performance of their duty
as to the said board may seem necessary and proper.
§ 1176. The clerk of the superior court shall receive for every
trial from the party which shall bring it on, one dollar; on entering
judgments, 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 one hundred words.
§ 1177. There may be in the superior court one deputy clerk
and thirteen assistant clerks. The salary of the clerk is six thou-
sand dollars a year ; the salary of the deputy clerk is five thousand
dollars a year; the salaries of eight of the assistant clerks are two
thousand five hundred dollars a year each; the salary of one of
the assistant clerks is two thousand dollars a year; the salary of
one of the assistant clerks is eighteen hundred dollars a year; the
salary of one of the assistant clerks is fifteen hundred dollars a year,
and the salaries of two of the assistant clerks are twelve hundred dol-
lars a year each ; the salaries of the stenographers are two thousand
five hundred dollars a year each ; the salaries of the attendants or offi-
cers are twelve hundred dollars a year each. But the salaries of the
persons appointed after May twenty-nine, eighteen hundred and
eighty, to the positions of clerk, deputy clerk, assistant clerks, or
attendants or officers to said court shall be as follows: Of the clerk,
four thousand five hundred dollars; of the deputy clerk, two thou-
Sand dollars, and of the assistant clerks, one thousand five hundred
dollars each ; of the attendants or officers, one thousand dollars each,
and such salaries shall be all that the persons holding such offices
respectively shall be entitled to receive from the treasury of the
city for any and all services rendered to the city or county during
the term for which such salary shall be received.
Co. Civ. Proc.
$256,
Comp. 2033.
1828, ch. 137, $3,
Comp. 1278.
Terms.
See Code Civ.
Proc. $280.
Id. $9,
Clerk.
Id. $14.
Writg Of
Subpoena.
1842, ch. 432, $13,
as amended,
1853, ch. 610,
Comp. 1441.
Officers and ag-
sistants to give
security.
1849, ch. 124, $13,
Comp. 1287.
49 How. 354,
1868, ch. 854, $1,
Comp. 1289.
1869, ch. 875, $1,
Comp. 1290.
CO Civ. Proc.
$284,
Comp. 1285.
1847, ch. 433, §7,
ComD. 1440.
Resolutions
board of super-
visors,
Sept. 16, 1869.
Ordinance com-
mon council,
May, 1872.
Co. Civ, Proc.
$256,
Comp. 2033.
1880, ch. 521, $2.
3
5
6
THE
SU [3]{()(FATſ.
1871, ch. 239, $1,
Comp. 1293.
()fficial bond of
burrogate.
1869, ch. 292, $1,
Comp. 1298.
1847, ch. 488, $3,
Comp. 1385.
Provision jn
cage of vacancy.
1869, ch. 292, $1,
Comp. 1298.
1850, ch. 201, #1.
3, Comp. 1296.
A 58istants to
adm. Lister
oaths.
Oath.
Co. C; V. Proc.
$2486.
1881, ch. 535, $1.
Common pleas,
when to exer-
cise powers of
Kurrogate.
Co. Civ, Proc.
$2487.
Proof ()f
authority.
Title 4. — The Surrogate.
§ 1178. Fvery person hereafter appointed or elected to the
office of surrogate shall, within twenty days after receiving notice
of such appointment or election, execute to the people of this state,
with two or more sufficient securities, being resident freeholders, a
joint and several bond, conditioned for the faithful performance of
his duties, and for the application and payment of all moneys and
effects that may come into his hands as such surrogate in the exe-
cution of his office. The said bond shall be in the penal sum of
fifty thousand dollars. It shall be properly acknowledged by all
the persons who execute the same, and the Sureties therein shall
justify, in the aggregate, in double the penalty of the bond. Ever
such bond shall be filed with and recorded by the clerk of the
county, and such record, or a certified copy thereof, shall be evi-
dence of the same force and effect as the original bond, in any
action or proceeding against such surrogate or his sureties.
§ 1179. The term of office of the persons who shall hereafter be
elected to the office of surrogate shall be six years.
§ 1180. In case a vacancy shall occur in said office by death,
resignation, or otherwise, the board of aldermen are authorized to
fill such vacancy until the general election next ensuing the hap-
pening of such vacancy, when an election shall be had to fill the
unexpired term of the officer whose term had so become vacant.
§ 1181. The surrogate shall receive for his services as such a
yearly salary of twelve thousand dollars, which shall be paid in
equal monthly payments.
§ 1182. The assistants appointed by the surrogate of the city
and county of New York, pursuant to law, 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. No such assistant shall perform any service
until he shall have taken an oath of office before the 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.
§ 1183. In the county of New York the court of common pleas
for that city and county at a special term thereof must, upon the
presentation of proof of its authority, as prescribed in the next
section, exercise all the powers and jurisdiction of the surrogate's
court, as follows:
1. Where the surrogate is precluded or disqualified from acting
with respect to a particular matter, it must exercise all the powers
and jurisdiction of that court with respect to that matter.
2. Where the office of surrogate of the county is vacant, or the
surrogate is disabled by reason of sickness, absence, or lunacy, it
must exercise all the powers and jurisdiction of that court until the
vacancy is filled or the disability ceases, as the case may be.
§ 1184. The authority of the court of common pleas to act as
prescribed in the last section, must be proved in one of the follow-
ing modes:
1. Where the surrogate is disqualified or precluded from acting
in a particular matter, that fact may be proved by the surrogate's
certificate thereof; or by affidavit or oral testimony.
D'UTIES OF SURROGATE. 357
2. The fact that the surrogate is so disqualified or precluded, or
that he is disabled, or that the office is vacant, and also the
authority of the officer, or of the court, as the case may be, to act in
his place, may be proved, and are deemed conclusively established,
by an order of the general term of the supreme court, held within
the department.
§ 1185. An order may be made, as prescribed in subdivision gº.giv. Proc.
second of the last section, upon or without notice, as the general #of general
term thinks proper. It must recite the cause of making thereof; ;....:*
it must designate the court empowered to discharge the duties of strºkº"
the office of surrogate ; and, if it relates to a particular matter
only, it must designate that matter. Where the office of surrogate
is vacant, or the surrogate is disabled by reason of lunacy, the
attorney-general, if directed by the governor, must, or the district-
attorney, upon his own motion, may, apply for the order; and the
general term must grant it upon his application. The general term
may also grant the order, upon the application of a party, or a
person about to become a party, to any special proceeding in the
surrogate's court. Where the surrogate is sick or absent, the
granting of the order rests in the discretion of the court, and its
effects may be qualified, as the court thinks proper.
§ 1186. Where an order is made by the general term, as pre- id. $2490.
scribed in the last two sections, for any cause except a vacancy in ;...
the office of surrogate, it may be revoked, without prejudice to any ºperseded.
proceedings theretofore taken by virtue thereof, by the general
term of the department embracing the surrogate's county, upon
proof that it was improvidently made, or that the cause of making
it has become inoperative. Such an order or appointment, made
upon the ground that the surrogate's office is vacant, is superseded,
without any formal revocation, by the filling of the vacancy. After
the order or appointment is revoked, or the vacancy is filled, as the
case may be, the unfinished business, in any proceedings taken by
virtue of the order or appointment, must be transferred to, and may
be completed by, the surrogate, in the same manner and with like
effect as where a new surrogate completes the unfinished business
of his predecessor. º
§ 1187. In a special proceeding cognizable before a surrogate, Id. 52490.
taken in the court of common pleas, the seal of the court in which jºin
it is taken must be used, where a seal is necessary. The special "0" Pºº".
proceedings must be entitled in that court; and the papers therein
must be filed or recorded, as the case may be, and issues therein
must be tried as in an action brought in that court. The clerk of
that court must sign each record which is required to be signed by
the surrogate or the clerk of the surrogate's court. The issuing of
a citation may be directed, and any order intermediate the citation
and the decree may be made, by a judge of the court.
§ 1188. The court may, at any time, in its discretion, upon being co, giv. Proc.
Satisfied that the reason for the exercise of its powers º jurisdic- ºre of pro.
tion has ceased to operate, make an order to transfer to the ºr
surrogate's court any matter then pending before it. Such an order "" º
Operates to transfer the same accordingly. Immediately after such
a transfer, or after the revocation of the order of the general term,
as prescribed in the last section but one, the surrogate must cause
entries to be made in the proper book in his office, referring to all
358 JJTJTIES OF SURROGATE.
Co. Civ. Proc.
$$2501, 250.
surrogate to re-
port fees.
1881, ch. 535, $2.
Co. Civ. Proc.
$2509
Čerks in surro-
gate's office.
CO. Civ. ProC,
;
lolication of
notices, etc.
Id. 2312,
8tenographer
for surrogate's
€Ourt.
Co. Civ. Proc.
$2543.
1881, ch. 535, $5.
Co. Civ. Proc.
$2547.
Trial by jury
when .#.
the papers filed, and orders entered, or other proceedings taken, in
the court of common pleas, and he may cause copies of any of the
orders or papers to be made, and recorded or filed in his office, at
the expense of the county.
§ 1189. The surrogate must, at his own expense, make and file in
the office of the county clerk, between the first and twentieth days
of January in each year, a report containing a statement, verified
by his oath, of all fees received or charged by him for services or
expenses since the last report, and of all disbursements chargeable
against the same, or to the county, stating particularly each item
thereof.
§ 1190. The surrogate of the county of New York may sign
decrees, letters testamentary, of administration and guardianship,
and orders to show cause, during the month of August or such
other month as he shall designate for his vacation, wherever he
shall be passing such vacation within the state.
§ 1191. The surrogate may appoint, and at pleasure remove, as
many clerks for his office, to be paid by the county, as the board of
aldermen authorize him so to appoint. The board of aldermen must
fix the compensation of the clerk or clerks so appointed, and may
authorize them, or either of them, to receive, for their own or his
own use, the legal fees for making copies of any record or paper in
the office of the surrogate. The surrogate may appoint, and at
pleasure remove, as many additional clerks, to be paid by him, as
he thinks proper.
§ 1192. A citation, notice, or other paper in the surrogate's court,
directed to be published by the Code of Civil Procedure, or by an
order made pursuant to a provision therein contained, must, in
addition to the other publication thereof required by law, be pub-
lished in the newspaper printed at Albany, in which legal notices are
required by law to be published; where the special proceeding is
instituted in the surrogate’s court of said county or the Order for
publication is made by the surrogate thereof.
§ 1193. The surrogate must appoint, and may, for cause, remove a
stenographer for his court, who is entitled to a salary fixed by law, and
to be paid as the salaries or clerks in the surrogate's office are paid.
§ 1194. The minutes of testimony taken in proceedings and written
out by the stenographer must be bound, at the expense of the
county, in volumes of convenient size and shape, indorsed “steno-
graphic minutes” and numbered consecutively. Upon the record
of a decree made in any contested matter, the surrogate must cause
to be made a minute, referring to each volume of the stenographic
minutes, and to the pages thereof, containing any testimony relating
to the matter.
§ 1195. The surrogate may, on written consent of all the parties
appearing in a probate case, appoint a referee to take and report
the testimony therein.
§ 1196. The surrogate may, in his discretion, make an order,
directing the trial by a jury, in the court of common pleas, of any
controverted question of fact arising in a special proceeding for the
disposition of the real property of a decedent, as prescribed in title
fifth of chapter eighteen of the Code of Civil Procedure. The order
must state, distinctly and plainly, each question of fact to be tried ;
and it is the only authority necessary for the trial.
WHO TO ACT IN. APSENCE OF SURF:0ſ, ATE, 359
§ 1197. The proceedings prescribed in title twelfth of chapter
seventeen of the Code of Civil Procedure, if founded upon a decree
of the surrogate directing the payment of money, must be taken as
if the decree was a judgment of the court of common pleas.
§ 1198. Where the reversal or modification of a surrogate’s decree
by an appellate court is founded upon a question of fact, the
appellate court must, if the appeal was taken from a decree made
upon a petition to admit a will to probate, or to revoke the probate
of a will, make an order directing the trial, by a jury, of the material
questions of fact arising upon the issues between the parties. . Such
an order must state, distinctly and plainly, the questions of fact to
be tried; and must direct the trial to take place in the court of
common pleas.
§ 1199. The public administrator shall have preference in the
right to letters of administration, after the next of kin over creditors
and all other persons.
§ 1200. A temporary administrator must, within ten days after
any money belonging to the estate comes into his hands, deposit it
in a domestic incorporated trust company, having its principal
office or place of business in the city of New York, and either
specially approved by the surrogate, or designated, in the general
rules of practice, as a depository of funds paid into court.
§ 1201. If a temporary administrator neglects to make a
deposit, as prescribed in the last section, within the time therein
limited, the surrogate must, upon the application of a creditor or
person interested in the estate, accompanied with satisfactory proof
of the neglect, make an order, directing him to do so forthwith, or
to show cause why a warrant of attachment should not issue
against him. The order must be made returnable three days after
issuing it; and it must be served upon the temporary administrator,
at least two days before the return day thereof, either person-
ally or by leaving a copy thereof within the state, at his dwelling
place, or his office for the regular transaction of business in person;
Or, if it cannot be served in either of those methods, by serving it
in such other manner as the surrogate directs.
§ 1202. If the surrogate is absent, the petition of an executor
or administrator for the discovery of property alleged to be with-
held or concealed or refused to be exhibited may be presented to a
justice of the supreme court or a judge of the court of common
pleas or superior court. The officer to whom it is so presented
has the same power as the surrogate with respect to all the pro-
ceedings, and must issue a citation and an order, returnable before
him, or as prescribed in the last two sections. He may, at any
stage of the proceedings, make an order transferring them to the
Surrogate, who must thereupon complete them in like manner as if
he had issued the citation.
§ 1203. Where the surrogate seasonably certifies in writing to
the board of aldermen, that the examination of inventories and
accounts of guardians required by law to be made annually can-
not be made by him, or by the clerk of the surrogate's court or by
any clerk employed in his office and paid by the county, the board
must provide for the compensation of a suitable person to make
the examination.
§ 1204. The board of aldermen are authorized and empowered
Co. Cív. Proc.
$2554. * *
2
Co. Cív. Proc.
$2538.
Award of jury
trial upon rever-
Bal in probate
Ca.362;.
1881, ch. 535, §12.
Co. Civ. Proc.
$2678.
Deposit of
money by tem-
porary adminis-
trator.
Id. $2679.
Proceedings
where he neg-
lects to deposit
it.
Co. Civ. Proc.
$2709.
Id.: certain
officers may act
in surrogate’s
absence.
Co. Civ. Proc,
$2844.
1842, ch. 432, $13,
as amended,
1853, ch. 610,
Comp, 1441,
360 JURISDICTION OF THE MARINE COURT,
AFHistants to
give Hecurity.
(30. Civ. Proc.
$2, Comp. 1268.
1870, ch. 582, $2,
Comp. 1300.
Court to consist
of Bix justices.
Terms of office,
and when
elected.
1852, ch. 389, $3,
Comp, 1300.
1852, ch. 389, §5,
Comp. 1300.
Compensation
of clerk.
Co. Civ. Proc.
$315.
Comp. 1301.
IJnchanged.
Jurisdiction.
A8 amended,
1877, ch. 416.
Co. Civ. Proc,
Id. $316,
Comp. 1302.
Unchanged.
The last Bection
Jimited.
See 52 How. 94.
to require from the assistants of the surrogate, such security for the
faithful performance of their duty as to the said board may seem
rfecessary and proper.
Title 5.-The Marine Court.
§ 1205. The marine court of the city of New York is a court of
record.
§ 1206. The term of office of the justices shall be six years.
The justices in office when this act shall take effect shall continue
therein until the expiration of the terms for which they were
respectively elected, subject to removal in cases now established by
law. Two justices shall be elected at the general election to be
held in the year eighteen hundred and eighty-one, and the same
number at the general election in each second year thereafter.
Any vacancy shall be filled by appointment by the governor,
and the person so appointed shall hold the office until the com-
mencement of the political year' next succeeding the first annual
election after the happening of the vacancy at which such officer
could be by law elected. The annual salary of each of the justices
is ten thousand dollars.
§ 1207. The clerk shall receive an annual compensation, which
shall not be diminished during his term of office and which shall
be in lieu of all fees and perquisites.
§ 1208. The jurisdiction of the marine court extends to the fol-
lowing cases;
1. An action against a natural person, or against a foreign or
domestic corporation, wherein the complaint demands judgment
for a sum of money only, or to recover one or more chattels, with or
without damages for the taking or detention thereof.
2. An action to foreclose or enforce alien upon real property in
the city of New York, created, as prescribed by statute, in favor of
a person, who has performed labor upon, or furnished materials to
be used in the construction, alteration, or repair of a building,
vault, wharf, fence, or other structure ; or who has graded, filled in,
or otherwise improved a lot of land, or the sidewalk or street in
front of or adjoining a lot of land.
3. An action to foreclose or enforce a lien, for a sum not exceed-
ing two thousand dollars, exclusive of interest, upon one or more
Chattels.
4. The taking and entry of a judgment, upon the confession of
one or more defendants, where the sum, for which judgment is con-
fe88ed, does not exceed two thousand dollars, exclusive of interest
from the time of making the statement, upon which the judgment
is entered.
§ 1209. The jurisdiction conferred by the last section is subject
to the following limitations and regulations :
1. In actions wherein the complaint demands judgment for a sum
of money only, the sum, for j, judgment is rendered in favor of
the plaintiff, cannot exceed two thousand dollars, exclusive of
interest, and costs as taxed ; except where it is brought upon a bond
or undertaking, given in an action or special proceeding in the same
court, or before a justice thereof; or to recover damages for a
JURISDICTION OF THE MAIRINE COURT. 361
breach of promise of marriage, or where it is a marine cause, as
that expression is defined in the next section. Where the action is
brought upon a bond or other contract, the judgment must be for
the sum actually due, without regard to a penalty therein con-
tained ; and, where the money is payable in installments, successive
actions may be brought for the installments as they become due.
2. In an action to recover one or more chattels, a judgment
cannot be rendered in favor of the plaintiff for a chattel or chattels,
the aggregate value of which exceeds two thousand dollars.
3. The court has not jurisdiction of an action against an execu-
tor or administrator, in his representative capacity. But this sub-
division does not prevent the court from continuing an action
against an executor or administrator, or from substituting an
executor or administrator in place of a defendant in an action, in a
case where it is prescribed that a continuance or substitution may
be made.
§ 1210. The following actions are styled in this title, marine
causes, and the court possesses the same jurisdiction of such an
action as the Supreme court of the state :
1. An action in favor of a person, belonging to a vessel in the
merchant service, against the owner, master, or commander thereof,
for the reasonable value of services, or for the breach of a contract
to pay for services, rendered or to be rendered on board of the
vessel, during a voyage, wholly or partly performed, or intended to
be performed by it.
2. An action in favor of or against a person, belonging to or on
board of a vessel in the merchant service, to recover damages for
an assault, battery, or false imprisonment, committed on board the
vessel, upon the high seas, or in a place without the United States.
But this section does not confer upon the marine court
authority to proceed as a court of admiralty or maritime jurisdic-
tion.
§ 1211. Application for the removal of a person from real prop-
erty, as prescribed in title two of chapter seventeen of the Code of
Civil Procedure, may, if the property or a portion thereof is situated
in the city, be made to a justice of the marine court.
§ 1212. The court has not, nor has either of the justices there-
of, power to naturalize an alien.
§ 1213. Said court shall continue to exercise the jurisdiction
and powers vested in it by law on September first, eighteen hun-
dred and seventy-seven, according to the course and practice of the
court, except as otherwise prescribed by the Code of Civil Pro-
cedure or acts passed subsequent to said act.
$ 1214. The supreme court, at a term held in the first judicial
tlistrict, may, by an order made at any time after joinder of an
188tle of fact, and before the trial thereof, remove to itself an action
brought in the marine court, for the purpose of changing the place
of trial thereof. Where an order for removal is made, as pre-
8cribed in this section, the place of trial must be changed by the
§ame, order to another county, and the subsequent proceedings
therein must be the same as if the action had been originally
brought in the supreme court. The provisions of sections three
hundred and forty-four, three hundred and forty-five, and three
hundred and forty-six of the Code of Civil Procedure apply to an
As amended,
1879, ch. 542.
Co. Civ. Proc.
:317.
Comp. 1302.
Jurisdiction in
In 811 1D16. Call 806.
Co. Civ. Proc.
2234.
Co. Civ. Proc.
$318,
Comp. 13:3.
No power to
naturalize
alien8.
Co. Civ. Proc.
§4, Comp. 1268.
Id. $319,
Comp. 1303.
Removal of ac-
tion to supreine
court fromi,
marine court.
302 JUSTICES OF THE MARINE COUTR'I".
Co. Civ. Proc,
*
as amended,
1877, ch. 416,
Comp. 803.
Justices, their
general duties.
Id. §321.
How suspended
ſrom office.
Id. §322.
Chief justice,
how designated;
his general
duties, etc.
Co. Civ. Proc.
§omp. 1304.
Justices may
make rules.
Id. $324.
Court, when
open ; justices
to designate
terms : routine
of business at
the terms, etc.
application to remove such an action, and to the proceedings upon
and subsequent to the removal, as if the marine court was specified
in those sections in place of the county court, and justice thereof
in place of the county judge.
§ 1215. The court consists of six justices, one of whom is the
chief justice of the court. Each justice must perform his share of
the labors and duties appertaining to the office. One of the justices
must attend at the chambers of the court, from ten o’clock in the
morning until four o'clock in the afternoon of each day, except
Sunday, a public holiday, or a day upon which the inhabitants of
the city of New York generally refrain from business. Each justice,
while in the rooms of the court, and not actually engaged in the
performance of other official duties, must act upon any application
for his official action properly made to him. The justice assigned
to a trial term or a special term must remain in attendance until
the day calendar is disposed of, or for such other time as is reason-
able.
§ 1216. Where it appears presumptively, to the satisfaction of
the governor, that a justice of the court has been guilty of corrup-
tion, or other gross misconduct in office ; or habitually neglects to
perform his share of the labors and duties appertaining to the office ;
or is incapable of properly discharging the same ; the governor
may, in his discretion, make an order suspending that justice from
the exercise of the duties of his office, and directing that his com-
pensation cease. Such an order must recite the grounds upon
which it is made ; and it remains in force, unless it is sooner
revoked by the governor, until the final adjournment of the next
session of the legislature ; or, if the legislature is then in session,
until the final adjournment of that session.
§ 1217. The justices of the court, or a majority of them, must,
from time to time, as a vacancy occurs in the office of chief justice,
designate one of their number to be chief justice. A certificate of
the designation, under the hands of the justices making the same,
must be filed in the office of the clerk of the court. The person SO
designated shall be chief justice during his term of office. The
chief justice has the like authority, within the jurisdiction of the
court, as a presiding justice of the supreme court; and when he is
present and is not disqualified, he must preside at a general term.
§ 1218. The justices of the court, or a majority of them, may,
from time to time, establish rules of practice for the court, not
inconsistent with the Code of Civil Procedure, or with the general
rules of practice established as prescribed in section seventeen
thereof. The latter govern the practice in the court, as far as they
are applicable thereto.
§ 1219. The court is always open for the transaction of any
business, for which notice is not required to be given to an adverse
party. The justices of the court, or a majority of them, from time
to time, must appoint, and may alter, the times of holding general,
special, and trial terms of the court. They must prescribe the
duration of the terms; designate the trial terms at which jurors are
required to attend ; and assign the justice or justices to preside
and attend at each of the terms so appointed. In case of the
inability of a justice to preside or attend, another justice may pre-
side or attend in his place. Each trial and special term must be
CLEIRK OF THE MARINE COURT. 363
held by one justice, and each general term by at least two justices.
Two or more general, special, or trial terms may be appointed to
be held at the same time. The concurrence of two justices is
necessary to pronounce a decision at a general term. If two do
not concur, a reargument must be ordered. The justices holding
a general term may order reargument, before themselves, or at a
subsequent general term, of a cause heard by them, or at a
previous general term.
§ 1220. Each term so appointed must be held at the city hall,
except that auxiliary or #. parts, for the transaction of
any business specified in the appointment, may be held elsewhere
within the city of New York, as designated in the appointment.
An appointment must be published in two newspapers, published
in the city of New York, at least once in each week, for three suc-
cessive weeks, before a term is held in pursuance thereof.
§ 1221. Each of the justices may, within the city of New York,
administer an oath, or take a deposition, or the acknowledgment or
proof of the execution of a written instrument, and certify the same
in like manner and with like authority and effect as a justice of the
Supreme court.
§ 1222. In an action brought in the court, an order cannot be
made, or a warrant of attachment granted, by an officer other than
a justice of the court; and each provision of the Code of Civil
Procedure, which empowers an officer, other than a judge of the
court in which an action is brought to make an order therein, must
be construed as being exclusive of an action brought in the
marine court.
§ 1223. The court has a clerk, who is appointed, and may be
removed, at pleasure, by the justices thereof, or a majority of them.
He must by a written instrument under his hand, filed in his office,
appoint, and may at pleasure remove, three deputy clerks and not
more than ten assistants. The clerk is responsible for the faithful
discharge of his duty, by each deputy clerk and each assistant.
The clerk, each deputy clerk, and each assistant, is entitled to a
Salary, fixed and to be paid as prescribed by law.
§ 1224. The clerk, and also each deputy clerk, before he enters
upon the duties of his office, must º and file in the office
of the clerk of the city and county of New York, the constitutional
Oath of office.
form all the duties of the clerk, when the office of clerk is vacant,
Or at the clerk's office, when the clerk is absent therefrom, or at a
term or sitting of the court which the deputy clerk attends.
§ 1225. The clerk may designate as many of his assistants as
the justices of the court, or a majority of them, may deem necessary,
as special deputy clerks. Each special deputy clerk possesses, in
the absence of the clerk and a deputy clerk, the same powers as the
clerk, at any sitting or term of the court which he attends, with
respect to the business transacted thereat.
§ 1226. The clerk must receive, for the use of the city of New
York, the fees allowed by law. He shall not perform any service,
for which a fee is allowed by law, until the fee therefor is paid to
him. He must, on the first day of each month, or within three
days thereafter, render to the comptroller of the city an account,
under oath, of all fees received, directly or indirectly, during the
The deputy clerk has all the powers and may per-
Co. Civ. Proc.
$325,
Comp. 1804.
Terms, where
held ; publica-
tion of appoint-
In eIll.
Id. §326.
Justices may
take oaths,
acknowledg-
Inents, etc.
Id. §327.
Orders, etc.,
how made.
Id. §328,
as amended,
1877, Ch. 416.
Clerk, deputy
clerk, and as-
sistants.
Co. Civ. Proc.
§329,
as amended,
1877, ch. 416,
General duties
of deputy clerk.
Id. §330,
as amended,
1877, ch. 416.
Special deputy
clerks.
Id. §331.
Clerk to ac-
count monthly
for fees, and
pay over the
Sºlò.
364 SUMMONS IN MAIRINE COURT.
Co. Civ. Proc.
832
Čomp. 1305,
as amended,
1877, ch. 416.
Stenographers.
Id. $333,
a8 aimended,
1877, ch. 416.
Interpreter.
1d. $334.
Id. penalty for
misconduct.
Co. Civ. Proc.
$335,
as amended,
1877, Ch. 416.
Court may ap.
point attend-
ant}}, etc.
Id. $536.
Clerks, inter-
preter, and at-
tendants not to
receive fees.
Id. §337,
as amended,
1877, ch. 416.
Suspension of
an officer of the
COUIrt.
Id. $338.
What mandates
may be executed
without the city.
preceding month, by him, or by a deputy clerk, or either of his
assistants, for any official service ; and he must, at the same time,
pay the same into the treasury of the city of New York. When the
return and payment are so made, the clerk is entitled to receive his
compensation for the period included in the return. He is not
entitled to compensation for a period for which he has not made
his return and payment. - -
§ 1227. The clerk of the court must appoint three stenogra-
phers of the court, and may at pleasure remove either of them.
The justices of the court, or a majority of them, must, from time to
time, assign each of the stenographers to duty at the trial terms.
Each stenographer is entitled to a salary, fixed and to be paid as pre-
scribed by law. He must attend each term to which he is assigned.
§ 1228. The clerk of the court from time to time must appoint,
and may at pleasure remove, an official interpreter of the court, who
is entitled to a salary, fixed and to be paid as prescribed by law.
Before entering upon his official duties, he must subscribe, and
file in the office of the clerk of the city and county of New York,
the constitutional oath of office. He must attend any trial or
special term of the court, where his services are required; and the
justices of the court, or a majority of them, may, by order, regulate
his attendance.
§ 1229. If the official interpreter knowingly and willfully, falsely
interprets any evidence, matter, or thing between a witness and the
court, or a justice thereof, in the course of an action or special
proceeding, he is guilty of perjury.
§ 1230. The clerk of the court must appoint, and may at pleasure
remove, as many attendants upon the court as he deems necessary,
not exceeding thirteen ; the justices of the court, or a majority of
them, may regulate their attendance. Each attendant is entitled to
a salary, fixed and to be paid as prescribed by law.
§ 1231. The clerk, the deputy clerk, an assistant to the clerk,
the official interpreter, or an attendant, shall not receive any fee or
compensation, except his salary, for any official service performed
by him.
y § 1232. A justice of the court may, by an instrument under his
hand, suspend a stenographer, or an officer specified in the last
section, for a period not exceeding ten days from the filing thereof.
Such an instrument must express the cause of the suspension; it
must be filed in the office of the clerk of the city and county of
New York; and it may be revoked, at any time before the expira-
tion of the period of suspension, by an instrument filed in like
manner, under the hand of the justice who executed the first instru-
ment, or the hands of a majority of the justices of the court.
Where such an instrument has been revoked, the officer shall not be
again suspended for the same cause.
§ 1233. A mandate of the court can be executed only within the
city of New York, except as follows:
1. An execution upon a judgment rendered therein, for a sum
exceeding twenty-five dollars, may be issued out of the court, tested
in the name of the chief justice thereof, to the sheriff of any county,
wherein the judgment has been duly docketed.
2. A subpoena may be served within either of the counties of
Richmond, Kings, Queens, or Westchester.
SUMMONS IN MARINE COURT. 365
3. A warrant to apprehend a witness for a failure to obey a
subpoena may be executed by the sheriff of the city and county
of New York, or a marshal of that city, within either of those
counties.
4. An order duly made, in an action pending in the court,
requiring the performance of an act by a party thereto, or by an
officer, may be served upon a person bound to obey the Order, and
his obedience thereto may be required in any part of the state.
5. An order to show cause why a person should not be punished
for a contempt of the court may be served by any person in any
part of the state.
6. A warrant to apprehend, and bring before the court, a person
charged with such a contempt, may be executed by the sheriff of
the city and county of New York, or a marshal of that city, in any
part of the state.
§ 1234. In an action brought in the court, an order of arrest, a
warrant of attachment, an execution, or a requisition to replevy a
chattel, must be directed to and executed by the sheriff. Any
other mandate, which must have been directed to and executed by
the sheriff of the city and county of New York, if it issued out of
the supreme court, may, where it issues out of the marine court, be
directed to and executed either by that sheriff or a marshal of that
city, named therein. A marshal is entitled to the same fees as the
sheriff, upon a mandate directed to him, or upon the service of a
summons; and each provision of law, relating to the execution of a
mandate by the sheriff, and the power and control of the court over
the sheriff executing the same, applies to the marshal. The return
of a marshal to such a mandate, or his certificate of the execution
thereof, or of the service of any paper served by him, has the same
force and effect as the like return and certificate of a sheriff.
§ 1235. The defendant may require security for costs to be given
where the plaintiff was, when the action was commenced, a person
residing without the city.
§ 1236. In an action brought in the marine court to foreclose a
lien upon a chattel, the court, or a judge thereof, has jurisdiction in
a case provided by law to issue a warrant to the sheriff, commanding
him to seize the chattel and safely keep it to abide the final judg-
ment in the action.
§ 1237. The summons in an action brought in the court must state
that the time within which the defendant must serve a copy of his
answer is six days after the service thereof, exclusive of the day of
service, except in one of the following cases:
1. A justice of the court may, upon satisfactory proof, by
affidavit, that either the plaintiff or the defendant resides without
the city of New York; or, where there are two or more plaintiffs,
or two or more defendants, that all the plaintiffs or all the defend-
ants reside without that city, direct by an order that the defendant
be summoned to answer within a shorter time specified therein, not
less than two days after the service of the summons, exclusive of
the day of service; whereupon the summons must correspond to
the order. The order must be indorsed upon or annexed to the
summons, and a copy thereof must be delivered with a copy of the
Summons. The justice may, in his discretion, as a condition of
granting the order, require the plaintiff to give an undertaking,
Co. Civ. Proc.
§339.
Comp. 1306.
Direction and
execution of
mandates.
Co. Civ. Proc.
$3268.
Co. Civ. Proc.
§§1737, 1788.
Co. Civ. Proc.
§3165.
Summons.
366 TIME FOR PROCEEDINGS IN MARINE COURT.
Co. Civ. Proc.
66.
$81
Co. Civ. Proc.
$8168,
§ giv. Proc,
$316
with one or more sureties, to the effect that the plaintiff will pay
any judgment which may be rendered against him in the action, not
exceeding a sum specified in the undertaking, which must be at
least two hundred dollars.
2. Where an order directing service of the summons without the
city of New York, or by publication is granted, the summons must
state that the time within which the defendant must serve a copy
of his answer is ten days after the service thereof, exclusive of the
day of service. If a summons, requiring the defendant to answer
within a shorter time has been issued, as prescribed in this section,
before an order specified in this subdivision is granted, the justice
granting such an order may direct that the summons be amended
accordingly, and thereupon the summons published, or served
without that city, pursuant to the Order, must correctly state the
time.
§ 1238. The time within which a defendant in a case specified in
section four hundred and seventy-nine of the Code of Civil Pro-
cedure must demand a copy of the complaint, and the time within
which the plaintiff must serve the same, after a demand thereof, as
prescribed in that section, and the time within which a copy of a
pleading, subsequent to the complaint, must be served, after the
service of a copy of the preceding pleading, is the same number of
days, as stated in the summons, within which the defendant is
required to serve a copy of his answer, after service of the summons.
But, except as otherwise prescribed in section thirty-one hundred
and eighty-five of said act, a defendant, arrested before answer, has
ten days after the arrest within which to demand a copy of the
complaint or to serve a copy of his answer, as the case requires,
and judgment must be stayed accordingly.
§ 1239. The time for taking certain proceedings, in an action
brought in the court, is as follows:
1. Service of notice of non-acceptance of bail, within five days
after the delivery, to the plaintiff's attorney, of certified copies of
the order of arrest, return, and undertaking, as prescribed in
section five hundred and seventy-seven of the Code of Civil Pro-
cedure.
2. Service of notice of justification of the bail, within five days
after service of the notice specified in subdivision first of this
section. * º
3. Service of notice of exception to the sureties, in an under-
taking given by the plaintiff, as security for the defendant's costs,
within two days after service, upon the defendant’s attorney, of a
written notice of the filing thereof; and service of notice of the
justification of the same, or new sureties, within two days after
service of the notice of exception.
§ 1240. The time for personal service of certain notices, in an
action brought in the court, is as follows:
1. Notice of justification of the sureties, in an undertaking
given by the plaintiff, as security for the defendant's costs, not more
than two days.
2. Notice of an application for judgment in a case specified in
section five hundred and thirty-seven of the Code of Civil Procedure;
notice of a motion to strike out a pleading in a case specified in
section five hundred and thirty-eight of said act; notice of an appli-
SERVICE OF NOTICE IN MARINE COURT. 367
cation for judgment upon the defendant's default, or of the execu-
tion of a reference, or writ of inquiry, or of an assessment there-
upon, as prescribed in section twelve hundred and nineteen of said
act—not less than two days.
3. Notice of the justification of bail, not less than two nor more
than ten days.
4. Notice of a motion, other than a motion specified in subdivi-
sion second of this section, not less than four days; but the court
or a justice thereof may, upon an affidavit showing grounds there-
for, prescribe a shorter time by an order to show cause:
5. Notice of trial of an issue of fact, or of an issue of law ; notice
of the hearing of an appeal, or of any other hearing, the time for
serving which is not expressly prescribed in either of the foregoing
subdivisions of this section, or elsewhere in this title—not less than
five days.
6. Notice of taxation of costs, not less than two days; except
where all the attorneys, serving and served with the notice, reside
or have their offices in the city of New York, in which case one
day's notice is sufficient.
§ 1241. Notice of trial of an issue triable at a term of the court, Co. Civ. Proc.
or of the hearing of an appeal to the general term of the court, may *
be given for any day of the term. A note of issue must be filed at
least two days before the day, or the commencement of the term,
for which the notice of trial or hearing is given; and, if it relates
to the trial of an issue of fact, or of law, it must, in addition to the
matters specified in section nine hundred and seventy-seven of the
Code of Civil Procedure, state the day or the term for which the
notice has been given. But this and the last section do not apply
to a case where special provision is otherwise made in sections
twelve hundred and fifty-one to twelve hundred and sixty, inclusive,
of this act.
§ 1242. The time within which the decision of the court must Co. civ. Proc.
be filed, in a case specified in section ten hundred and ten of the $*
Code of Civil Procedure, is ten days after the cause is finally sub-
mitted. The decision of the court, in a case specified in section
ten hundred and twenty-two of said act, is sufficient if it directs the
judgment to be entered thereupon ; but, if so required by a party
appealing, the justice by whom the decision was made must,
within ten days after the appeal is perfected and notice thereof and
of the requirement is given to him, make and file with the clerk a
special decision, stating separately the facts found and the con-
clusions of law. *
§ 1243. A counter-claim, specified in subdivision second of sec- Co. Civ. Proc.
tion five hundred and one of the Code of Civil Procedure, cannot *
be interposed in an action brought in the court, unless it is of
such a nature that the court has jurisdiction of an action founded
thereupon ; except that, in an action brought by an executor or
administrator, any counter-claim may be interposed which could
be interposed in a like action brought in the supreme court. A
counter-claim may be interposed in an action brought in the court,
Without respect to the amount thereof, and judgment thereupon, in
favor of the defendant, may be rendered for any sum.
. § 1244. The court may, of its own motion, or upon the applica-co. Civ. Proc.
tion of either party, without the consent of the other, by order, $9.7%
368 ATTACHMENT IN MARINE COURT.
CO, Civ. Proc,
§3176.
Portion of
verdict, etc.,
Inay be remit-
ted.
CO. Civ. Proc.
$3163.
Co. Civ. Proc.
$31.70.
Service of sum-
Inons without
the city or by
publication.
Co. Civ. Proc.
$3169.
direct a reference, to determine and report upon a question of
fact, arising upon a motion, in any stage of an action.
§ 1245. A party to whom a sum is awarded, upon a trial, an
assessment of damages, or the execution of a reference or writ of
inquiry, may remit any portion thereof, and take judgment for the
residue.
§ 1246. Where it satisfactorily appears that a party, who is
actually confined in jail by virtue of an order of arrest, or an
execution against the person, issued in an action brought in the
court, is physically unable to endure the confinement, and that he
cannot procure bail or the necessary sureties in a bond for the jail
liberties, as the case requires, the court, or a justice thereof, may,
in its or his discretion, by order, direct the sheriff to release him
from custody. The sheriff must obey such an order. After such
a release from an execution against the person, another execution
against the person of the judgment debtor, cannot be issued upon
the judgment; but the judgment creditor may enforce the judg-
ment against property, as if the execution from which the
judgment debtor was released had been returned without his being
taken.
§ 1247. An order directing the service of a summons, either
without the city of New York or by publication, may be granted
by the court, or by a justice thereof; but only in a case where a
warrant of attachment has been issued, as prescribed in the last
section, and personal service of the summons cannot be made,
with due diligence, within that city. The plaintiff, when he
applies for such an order, must show by affidavit, to the satisfac-
tion of the court or justice, that the case is within this section.
Where an order is granted, as prescribed in this section, service
of the summons without that city may be made, as directed in
the order, either within or without the state. Sections four
hundred and forty to four hundred and forty-five, both inclusive,
sections six hundred and thirty-eight, seven hundred and seven,
and seven hundred and eight of the Code of Civil Procedure apply
to the service or publication, pursuant to such an order, and to the
proceedings relating to the same, and subsequent thereto; sub-
stituting the words, “the city of New York,” in place of the words,
“the state,” wherever the latter words occur. If the defendant is
a resident of the city of New York, the order must also direct that
a copy of the summons, complaint, and order be left at his resi-
dence, specifying it, with a person of suitable age and discretion,
if, upon reasonable application, admittance can be obtained, and
such a person found who will receive it; or if admittance cannot
be so obtained, nor such a person found, by affixing the same to the
outer door of the residence so specified.
§ 1248. In order to entitle the plaintiff to a warrant of attach-
ment against property, he must show by affidavit, to the satisfac-
tion of the justice granting it, that a sufficient cause of action exists
against the defendant, to recover damages for one or more causes
specified in section six hundred and thirty-five of the Code of Civil
Procedure, to an amount stated in the affidavit; which, if the
action is to recover damages for breach of a contract, must be
stated over and above all counter-claims known to the plaintiff;
and also that the case is within one of the following subdivisions :
ORDER OF AIRREST IN MARINE COURT. 369
1. That the defendant is a foreign corporation, or a domestic
corporation whose principal place of business is not within the
city of New York.
2. That the defendant is not a resident of the state.
3. That the defendant, being a resident of the state, is not a
resident of the city of New York, and has not an office within that
city where he regularly transacts business in person.
4. That the defendant, being an adult and a resident of that
city, has departed therefrom, with intent to defraud his creditors
or to avoid service of the summons; or keeps himself concealed
therein, with the like intent; or that, after proper and diligent
effort to ascertain the place of the sojourn of such a resident adult
defendant, the same cannot be ascertained.
5. That the defendant, being an adult, has removed, or is about
to remove, property from that city, with intent to defraud his
creditors, or that he has assigned, disposed of, or secreted, or is
about to assign, dispose of, or secrete property, with the like
intent.
6. That the defendant, being an adult and a resident of that
city, has been continuously without the United States more than six
months next before the granting of the warrant, and has not made a
designation of a person upon whom to serve a summons in his behalf,
as prescribed in section four hundred and thirty of said act, or a
designation so made no longer remains in force.
§ 1249. At the time of issuing any attachment or warrant, the 1857, ch. 295,
party applying therefor shall pay to the said clerk the sum of one 3...
dollar; and if a trial shall be had in the action so commenced the 4
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.
§ 1250. Where perishable property has been levied upon, by Co. civ. Proc.
virtue of an execution or a warrant of attachment, the court may, Éilable
upon the application of the officer making the levy, by order, ſº may
direct the sale thereof, at such a time and upon such a notice as g
it ºme proper, and thereupon the property must be sold accord-
Ingly.
§ 1251. In an action specified in subdivision second of section co, Civ. Proc.
three hundred and seventeen of the Code of Civil Procedure, the jºin certain
plaintiff may apply for an order of arrest, to accompany the marine causes.
summons, in the form and to the effect specified in the next section.
If such an order is granted, the proceedings in the action must be
Conducted as prescribed in the following nine sections. The justices court may regu-
of the court, or a majority of them, may from time to time, by one ...” “”
or more general rules, attested by the hands of the justices making
the same, and filed with the clerk, regulate the manner in which an
application for such an order may be made, and the cases in which
an undertaking may be dispensed with. Until regulations are so
established, the justice to whom the application is made may, in
his discretion, require or dispense with an undertaking thereupon.
§ 1252. The order of arrest, granted as prescribed in the last co, giv. Proc. :
Section, must require the sheriff to arrest the defendant, and to *
bring him forthwith before the court, at the chambers thereof; or
if, when he is arrested, the court is not in session at chambers, to
24
370 ORDER OF AIRIRIST IN MARINE COURT.
CO, Civ. Proc.
§3179.
Co. Civ. Proc.
$3180.
Co. Civ. ProC,
$3181.
Id. §3182,
Bail or deposit
after return.
hold him to bail, in a sum specified in the order, for his personal
attendance at the opening of the court, on the next day thereafter,
when it is in session at the chambers thereof. The Order must .
also direct that the defendant be summoned to answer the com-
plaint in the action forthwith. Thereupon the summons must
conform to the Order.
§ 1253. The sheriff, upon arresting the defendant, by virtue of
such an Order, must, at the same time, serve upon him the summons,
and also a copy of the Order of arrest, and of the papers upon which
it was granted. He must forthwith bring the defendant before the
court, at the chambers thereof, if the court is then in session at
chambers; otherwise, unless bail is given, as prescribed in the next
section, he must take the defendant to the jail of the city and county
of New York for the confinement of prisoners in civil causes. The
keeper thereof must confine the ift. therein. On the next
day thereafter, when the court is in session at chambers, the
sheriff must take the defendant from the jail and bring him before
the court.
§ 1254. The defendant may give bail, by delivering to the sheriff,
a written undertaking to the plaintiff, in the sum specified in the
Order of arrest, executed by one or more sureties, to the effect that
the defendant will attend in person at the opening of the court, at
the chambers thereof, on the next day thereafter when it is there in
session; or he may deposit with the sheriff the sum specified in the
Order of arrest. In either case, the sheriff must forthwith release
him from custody.
§ 1255. Where bail is given, as prescribed in the last section,
the officer taking the acknowledgment of the undertaking must, if
the sheriff so requires, examine under oath, to a reasonable extent,
the persons offering to become bail, concerning their property and
their circumstances. The defendant may give bail, or make the
deposit immediately upon his arrest, at any hour of the day or
night ; and he must have reasonable opportunity to seek for and to
procure bail, before being committed to jail. wi. a deposit is
made, the money deposited must, before the expiration of the next
day thereafter, not being Sunday or a public holiday, be paid by
the sheriff into court, to the credit of the action, by being paid
directly to the chamberlain.
§ 1256. At any time after the return of the sheriff, and before
final judgment, a justice of the court may admit a defendant in
custody to bail, or allow him to make a deposit ; and may direct his
release, upon his giving bail or making the deposit accordingly.
The sum to be deposited, or the sum specified in the undertaking
of the bail, must be fixed, and the sureties in the undertaking must
be approved, by the justice; who must be satisfied, by their exam-
ination, or by other proof, respecting their º The under-
taking must be to the effect that the defendant will, at all times,
render himself amenable to any mandate which may be issued to
enforce a final judgment against him in the action. Article fourth
Id. $3183,
When and how
defendant to re-
main in custody.
of title first of chapter seventh of the Code of Civil Procedure applies
where bail is given as prescribed in this or the last section.
§ 1257. Unless bail is given, or a deposit is made, as prescribed
in the last three sections, the defendant must remain in the jail by
virtue of the order of arrest, until final judgment in the action ; and
OTRDIER OF AIRTREST IN MARINE COURT. 371
if the judgment is against the defendant, until the return of an
execution against property, issued thereupon. But the court must
direct him to be brought into court at the time of the trial; and it
may, in its discretion, direct him to be brought into court at any
other time. In either case, he must be taken from the jail and
brought into court accordingly.
§ 1258. The sheriff, after serving the summons and executing ºw. Proc.
the order of arrest, must make a full return of his proceedings #in or sum.
thereupon, to the court at chambers. The return must be made * etc.
forthwith, unless the court is not then in session at chambers;
in which case, it must be made immediately after the opening of
the court, on the first day thereafter, when it is there in session.
If the defendant has given bail, the undertaking of the bail must
be returned, to be delivered to the plaintiff when the court so
directs.
§ 1259. Unless both parties sooner appear, the court must wait Id, $818,
one hour after the return ; or, if the defendant has given bail, ;
one hour after the opening of the court. As soon after the
parties appear, or after the expiration of the hour, as the business
upon which the court is then engaged will permit, the court must
take up the cause. If the plaintiff does not then appear, a judg-
ment dismissing the complaint, with costs, must be rendered. If
the defendant does not then attend in person, the plaintiff must
then make his complaint, and the defendant's default must be
entered. If the plaintiff appears and the defendant attends in per-
son, the pleadings must then be made, and issue must then be
joined. The pleadings may be oral or written ; if they are oral,
the clerk must enter the substance thereof in the minutes. If
either party desires a trial by a jury, he must demand the same, at
the time of the joinder of issue; otherwise the issue must be tried
by the court without a jury.
§ 1260. Where a trial by jury is duly demanded, the court at Id,531.
chambers must direct the issue to be tried, at a trial term, upon Trial.
such notice as it deems proper, or without notice ; it may also
direct that the action have a preference upon the day calendar,
either generally or for a particular day; and it may give such
direction as it deems proper, with respect to filing a note of issue.
Where a trial by jury is not duly demanded, or where the defendant
is in default, the evidence must then, or at such subsequent
time, either at chambers or at a trial term or special term, as the
court at chambers appoints, be given; and thereupon final judg-
ment must be rendered. But the issue must be appointed to be
tried within six days after the joinder thereof, unless both parties
assent to a longer time ; or a trial by jury is demanded, and there
is no term of the court, at which it can be had within that time.
The trial cannot be adjourned, without the consent of both parties,
beyond three calendar months from the joinder of issue.
§ 1261. Sections twelve hundred and fifty-one to twelve hun- $8187.
dred and sixty, inclusive, of this act, do not prevent the plaintiff
from commencing, and conducting in the ordinary manner, an
action for a cause specified in subdivision second of section three
hundred and seventeen of tho Code of Civil Procedure.
§ 1262. Sections four hundred and thirty-eight, six hundred and go, giv. Proc.
three, sections six hundred and eleven to six hundred and nineteen, 5%
372 AT’PEALS IN MARINE COURT.
Co. Civ. Proc.
167.
$3167
Co. Civ. Proc.
$3171.
Co. Civ. Proc.
$3164.
Co. Civ. Proc.
$747, 748.
3omp. 1286.
Co. Civ. Proc.
$3188.
Co. Civ, Proc.
$3189,
both inclusive, sections six hundred and thirty-six, eight hundred
and twenty-seven, ten hundred and thirteen, and ten hundred and
fifteen of the Code of Civil Procedure do not apply to an action or
a special proceeding brought in the marine court, or before a jus-
tice thereof, or to any proceeding therein, Sections thirty-two
hundred and sixty-eight and thirty-two hundred and sixty-nine of
said act do not apply to actions known as marine causes, or where
an undertaking has been given as prescribed in section thirty-one
hundred and sixty-five of said act. A plaintiff in an action brought
in the court, who has an office for the regular transaction of busi-
ness in person within the city of New York, is deemed a resident
of that city within the meaning of sections thirty-two hundred and
sixty-eight and thirty-two hundred and sixty-nine of said act.
§ 1263. Section thirty-two hundred and twenty-one of the Code
of Civil Procedure applies to an action brought in the court and
the judgment and execution against the person and property of the
judgment debtor.
§ 1264. The application to the court of article second of title
third of chapter ninth of the Code of Civil Procedure is subject to
the following qualifications :
1. The words, “the city and county of New York, or either of
the counties of Richmond, Kings, Queens, or Westchester,” must
be regarded as substituted in place of the words, “the state,”
wherever those words are used in that article, with respect to the
locality of a witness.
2. Interrogatories, framed pursuant to that article, can be
settled only by a justice of the court.
3. A commission, or order to take depositions, issued or granted
pursuant to that article, may be executed either within or without
the state.
§ 1265. Money paid into the court, pursuant to any provision of
the Code of Civil #. must, unless the court otherwise directs,
be paid directly to the chamberlain of the city of New York, to
the credit of the cause in which it is paid. The court may direct
that money paid into court in an action brought therein on a bond,
mortgage, or other security, or public stock, in or upon which it has
been invested or loaned, be transferred and delivered to a general
or special guardian, committee, or other trustee, upon his giving,
or if he has given, security º to the court, for the faithful
execution of his trust; or that a bond, mortgage, or other security,
or public stock, to be taken by or in the name of the guardian,
committee, or other trustees; and be collected, invested, or loaned,
as the court directs, or as prescribed in the general rules of
practice.
§ 1266. An appeal to the general term of the court may be taken
from a final judgment rendered therein, in a case where an appeal
may be taken to the general term of the supreme court from a final
judgment rendered therein, as prescribed in section thirteen hun-
dred and forty-six of the Code of Civil Procedure.
§ 1267. An appeal to the general term of the court may also be
taken from an interlocutory judgment rendered, or an order made,
at a special term or a trial term thereof, or an order made by a
justice thereof, out of court, in a case where an appeal may be
taken to the general term of the Supreme court from an inter-
SAIAIRIES OF MAIRINE COURT CLEIRKS, ETC. 373
.# judgment rendered, or an order made, in like manner, as
prescribed in sections thirteen hundred and forty-seven, thirteen
hundred and forty-eight, and thirteen hundred and forty-nine of
the Code of Civil Procedure.
§ 1268. An appeal, authorized by the last section, must be taken go.giv. Proc.
within ten days after service of a copy of the judgment or order # to appeal
appealed from, and a written notice of the entry thereof. In every ...;
other respect, titles first and fourth of chapter twelfth of the Code thereupon.
of Civil Procedure, apply to and govern an appeal, taken as pre-
scribed in either of the last two sections.
§ 1269. An appeal may be taken to the court of common pleas go, giv. Proc.
for the city and county of New York from an actual determination ºn from
made by the marine court of the city of New York, at a general term ;
thereof, in either of the following cases: in what cases.’
1. Where a final judgment had been rendered upon an appeal
taken to the general term. -
2. Where an order has been made granting a new trial. But an
appeal cannot be taken from an order granting a new trial upon a
case or exceptions, unless the notice of appeal contains an assent,
on the part of the appellant, that if the order is affirmed, judgment
absolute may be rendered against the appellant.
§ 1270. Titles first and third of chapter twelfth of the Code of go, giv. Proc.
Civil Procedure apply to and govern an appeal, taken as prescribed flººroºd.
in the last section, except as otherwise expressly prescribed in the "gº regulated.
Inext two sections.
§ 1271. An appeal, authorized by the last section, must be taken go.giv. Proc.
within twenty days after service of a copy of the judgment or order #"within
appealed from, and a written notice of the entry, thereof. The ...,
appeal must be heard at a general term of the appellate court. tº
§ 1272. The judgment or order of the appellate court must be go, giv. Proc.
remitted to the court below, to be enforced according to law. Upon * *
an appeal from an order granting a new trial, on a case or exceptions,
if the appellate court determines that no error was committed in
granting the new trial, it must render judgment absolute upon the
right of the appellant; and thereupon an assessment of damages, or
any other proceeding requisite to render the judgment effectual,
may be had in the marine court.
§ 1273. An appeal to the court of appeals cannot be taken in Co. civ. Proc.
an action commenced in the marine court unless the court below Ép iss,
allows the appeal by an order made at the general term which ºf fourt
rendered the determination, or at the next general term, after judg- ""
ment is entered thereupon.
§ 1274. Upon an appeal to the court of appeals, the notice of co, civ. Proc.
appeal and undertaking must be filed with the clerk of the marine $91%
court, who must transmit the necessary papers to the court of
appeals; and the judgment or order of the court of appeals must be
remitted to and enforced by the marine court.
§ 1275. The clerks, officers, attendants, and interpreter of said sº, ch. 418, #2,
court receive the following salaries: The clerk, four thousand $.”
dollars; one deputy clerk, three thousand five hundred dollars; ~ *
and the other § clerks, three thousand dollars each ; the
assistant clerks, two thousand dollars each ; the stenographers,
two thousand dollars each ; the attendants, twelve hundred dollars
each, and the interpreter, fifteen hundred dollars. But the clerk,
374 THE JUDICIAL DISTRICTS.
1880, ch. 521, $2.
Co. Civ. Proc.
§3251.
CostS.
Co. Ci
$3255.
V. Proc.
Costs upon
adjournment of
trial.
1875, ch. 479, $54,
Comp, 1
1857, c
3.17.
h. 344, $1,
as amended,
IS35, ch. 688, $1,
§§ 1330.
l
Ten
stricts.
Co. Civ. Proc.
$3.
1857, ch. 344, §2,
as amended,
1865, º $2,
Comp.
1880, c
Districts located
30.
h. 132, $1.
1880, ch. 132, $1.
1869, c
h. 377, §3.
deputy clerks, and assistant clerks appointed after May, twenty-
ninth, eighteen hundred and eighty, shall receive respectively the
following salaries: The clerk, three thousand dollars; the deputy
clerks, two thousand dollars each, and the assistant clerks, One
thousand five hundred dollars each ; the attendants or officers,
one thousand dollars each, and such salaries shall be all that the
persons holding such offices or positions shall be entitled to receive
from the treasury of said city for any and all services rendered to
the city or county during the term for which such salary shall be
received.
§ 1276. Costs awarded to a party to an action in said court in
the following cases must be at the following rates:
To the plaintiff for procuring an order of arrest, ten dollars.
To either party for one term at which the cause is necessarily on
the calendar, ten dollars.
To either party upon an appeal to the general term taken from
an interlocutory or final judgment, or from an Order granting or
refusing a new trial, rendered or made in said court, or upon an ap-
peal to the court of common pleas, or on an application to the general
term for a new trial, or for judgment upon a verdict rendered sub-
ject to the opinion of the court, or where exceptions are Ordered to
be heard in the first instance at the general term before argument,
twenty dollars; for argument, forty dollars; for one general term
at which the cause is necessarily on the calendar, ten dollars.
§ 1277. Where an application is made to a court or a referee to
adjourn a trial, the payment to the adverse party of a sum not
exceeding five dollars, besides the fees of his witnesses, and other
taxable disbursements, already made or incurred, which are ren-
dered ineffectual by the adjournment, may be required, as a condi-
tion of granting the adjournment.
§ 1278. The clerk of said court shall collect and receive a sten-
ographer's fee of one dollar and fifty cents for each and every trial
had in said court.
Title 6.- The District Courts.
§ 1279. The city of New York is divided into ten judicial dis-
tricts, in which there shall continue courts denominated district
courts of the first, second, third, fourth, fifth, sixth, seventh, eighth,
ninth, and tenth districts of that city respectively. They are
courts not of record.
§ 1280. The said districts are as follows :
1. The first district embraces the first, second, third, fifth, and
eighth wards.
2. The second district embraces the fourth, sixth, and fourteenth
wards.
3. The third district embraces the ninth and fifteenth wards.
4. The fourth district embraces the tenth and seventeenth
wards.
5. The fifth district embraces the seventh, eleventh, and thir-
teenth wards.
6. The sixth district embraces the eighteenth and twenty-first
wards.
JURISDICTION OF DISTRICT COURTS. 375
7. The seventh district embraces the nineteenth and twenty-
second wards.
8. The eighth district embraces the sixteenth and twentieth
wards.
9. The ninth district embraces the twelfth ward.
10. The tenth district embraces the twenty-third and twenty-
fourth wards.
§ 1281. There shall be elected at the general election, to be
held on the first Tuesday after the first Monday of November,
eighteen hundred and eighty-seven, and once in every six years
thereafter, by the electors of each of said districts, except the
tenth, and in the tenth district on the first Tuesday after the first
Monday of November, eighteen hundred and eighty-five, and once
in every six years thereafter, a justice to hold the court therein.
Such justice 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. Vacancies occurring in the office of justice
shall be filled at the then next ensuing election in the city, for the
unexpired term commencing on the first day of January next after
said election. On the occurrence of a vacancy, the governor shall
appoint a suitable person to hold until the first day of January
succeeding such election.
1282. The justices must be residents of the city, and must be
at the time of their election or appointment of the degree of coun-
sellors at law of the supreme court of this state.
§ 1283. The justices shall each receive for their services as such
justices the sum of six thousand dollars per annum, which sum
shall be paid by the proper officers of said city in equal monthly
installments.
§ 1284. District courts and justices have such jurisdiction in
civil actions and special proceedings as is specially conferred upon
them by statute, and no other.
§ 1285. Except as otherwise prescribed in the next section, such
courts have jurisdiction of the following civil actions :
1. An action to recover damages upon or for breach of a con-
tract, expressed or implied, other than a promise to marry, where
the sum claimed does not exceed two hundred and fifty dollars.
2. An action to recover damages for a personal injury, or an
injury to property, where the sum claimed does not exceed two
hundred and fifty dollars.
3. An action upon a bond conditioned for the payment of
money, where the sum claimed to be due does not exceed two
hundred and fifty dollars; the judgment to be rendered for the sum
actually due. Where the sum secured by the bond is to be paid in
installments, an action may be brought for each installment, as it
becomes due.
4. An action upon a surety bond, taken by any justice of the
peace.
5. An action upon a judgment rendered in à court of justice of
the peace, or in a district court of the city of New York, or in a
justice's court of a city, being a court not of record.
6. An action to recover one or more chattels, with or without
damages for the taking, withholding, or detention thereof, where
the value of the chattel, or of all the 'chattels, as stated in the affi-
1869, ch. 377, §§1,
2, Comp. 134.
1873, ch. 313, §5.
1874, ch. 829, §5,
Comp. 1347.
1851, ch. 514, §7,
Comp. 1329.
Election and
term of Office of
justices.
67 N. Y. 521.
1852, ch. 54, $1,
Comp. 1329.
Vacancies, how
to be filled.
1857, ch. 344, §5,
Comp. 1332.
1875, ch. 480, §3,
Comp. 1358.
Co. Civ. Proc.
§2861.
Jurisdiction.
Co. Civ, Proc.
§2862.
General civil
jurisdiction.
376 J U RISDICTION OF DISTRICT COURT8.
davit made on the part of the plaintiff, does not exceed two hun-
dred and fifty dollars. º
Co. Civ. Proc. 7. An action to recover a penalty, given by the charter of the
§3215. city, or any by-law or ordinance of the common council of the city,
or to recover a penalty given by a statute of the state; where all
the penalties, to recover which the action is brought, do not exceed
two hundred and fifty dollars.
8. An action in behalf of the people of the state, brought by the
direction of the commissioners of public charities and correction,
or of an overseer of the poor, upon a bastardy or abandonment
bond, in a case where it is prescribed by a special statutory pro-
vision that such an action can be maintained in a district court.
1862, ch. 484, $7, 9. An action upon the bond of a marshal of the city, in a case
** where a justice of the court of common pleas orders it to be brought
therein.
tº Prº 10. An action to foreclose a lien upon a chattel, for a sum of
money, in any case where such a lien exists at the commencement
of the action, where the amount of the lien does not exceed the
sum of two hundred and fifty dollars.
1879, ch.574,323. , 11. An action to recover any penalty given by chapter five hun-
dred and thirty-four of the laws of eighteen hundred and seventy-
nine, entitled “An act for the preservation of moose, wild deer,
birds, fish, and other game,” or by any amendment thereof, where
1813, ch. 88, 314, the offense was committed in º city or in an adjoining county,
and the amount claimed does not exceed two hundred and fifty
dollars.
Co. Civ. Proc. 12. An action upon a Surety bond taken in said court.
$3515. 13. The jurisdiction of these courts extends to actions against
a domestic corporation, or against a foreign corporation having an
office in the city, where the sum claimed or the value of the chattel,
or of all the º, as stated in the complaint, does not exceed
two hundred and fifty dollars.
Neither of those courts has jurisdiction of any civil action,
except as prescribed in this title.
Co. Cív. Proc. § 1286. Such courts cannot take cognizance of a civil action in
Ériºdiction either of the following cases: * &
in certain cases. 1. Where the title to real property comes in question, as
prescribed in title third of chapter nineteen of the Code of Civil
Procedure.
2. Where the action is to recover damages for an assault, bat-
tery, false imprisonment, libel, slander, criminal conversation,
Seduction, or malicious prosecution.
3. Where the action is brought against an executor or adminis-
trator, as such.
1819, ch,71, $2, 4. Where the action is brought by any seaman or mariner, or
§ºtions other person belonging to any ship or vessel against the owner or
# º owners, master or commander of any such ship or vessel, for or by
&mpiº” reason of the non-performance or breach of any agreement or con-
tract made by such seaman or mariner, or other person, with the
said owner or owners, master or commander, for services, or com-
pensation for service, on board of any ship or vessel, during any
voyage performed, or in part performed, by such ship or vessel.
1858, ch. 224, 31, 5. Where the action is against the mayor, aldermen and com-
ComP.1%0 monalty of the city or New York.
JUPISDICTION OF DISTRICT COURTS. 377
§ 1287. In an action, specified in subdivisions one to seven,
inclusive, and subdivision ten of the last section but one, where the
damages claimed, or the value of the chattel, or of all the chattels
claimed, as stated in the complaint, exceeds one hundred dollars,
the defendant may, after issue is joined, and before an adjournment
has been granted upon his application, apply to the justice of the
court in which the action is brought for an order removing the
action into the court of common pleas. Such an order must be
granted upon the defendant's filing with the clerk an undertaking,
in a sum fixed by the justice, not exceeding twice the amount of the
damages claimed, or twice the value of the chattel, or of all the
chattels claimed, as stated in the complaint, with one or more sure-
ties, to the effect that the defendant will pay to the plaintiff the
amount of any judgment that may be recovered against him in the
court of common pleas in the action so removed. From the time
of the granting of the order, the court of common pleas has cog-
nizance of the action ; and the clerk of the district court must forth-
with deliver to the clerk of the court of common pleas all process,
pleadings, and other papers in the action, and certified copies of all
minutes, entries, and orders relating thereto, which must be filed,
entered, or recorded, as the case requires, in the latter's office.
§ 1288. Said courts shall continue to exercise the jurisdiction
and powers vested in them by law on September first, eighteen
hundred and seventy-seven, according to the course and practice of
the court, except as otherwise prescribed by the Code of Civil Pro-
cedure, or acts passed subsequent to said act.
§ 1289. An action or proceeding of which these courts have juris-
diction must be brought :
1. In a court held in a district, in which either the plaintiff or
defendant, or one of the plaintiffs or one of the defendants resides,
unless all the plaintiffs or all the defendants reside out of the city
of New York, in which case the action or proceeding may be brought
in either of the said districts. If the justice be either a party to
the action or proceeding, or a necessary witness therein, or other-
wise 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 said 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, resides,
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, except as in the next section provided, may sue 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
resides, 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 resides; but where all the parties reside out of said city
and county, the action may be brought in any district. No person
who shall have a place of business in the city shall be deemed a
non-resident under the provisions of this title.
§ 1290. All actions brought or commenced by or on behalf of
the mayor, aldermen and commonalty to recover a penalty or fine
Co. Cív. Proc.
22 3,
Removal of cer-
tain actions into
common pleas.
Co. Civ. Proc.
§4, Comp. 1268.
1857, ch. 244, $4,
as amended,
1862, ch. 484, $22,
Comp. 1331.
Actions, how to
be brought.
15 Abb. 416 ;
2 Daly, 401.
Where action
may be brought.
2 Daly, 381.
1862 ch. 484, $23,
Comp. 1353.
1879, ch. 71, $1,
Comp, 1353.
378 WIHERE DISTIRICT COURTS TO BE HELD.
Actions for
penalties.
1857, ch. 344, $7,
Comp. 1332.
1869, ch. 337, $4,
Comp. 1349.
Courts, when
and where held.
1877, ch. 51, $2,
Comp. 1193.
1860, ch. 300, $2.
1857, ch. 344, $6,
'Comp. 1332.
In absence of
justice.
2 Hilt. 7, 281;
2 E. D. S. 340,
1857, ch. 344, $43,
Comp, 1329.
'Causes, how
transferred.
1857, ch. 344, §8,
Comp. 1332.
Seals.
Id. $9.
Actions con-
ducted by par-
tics, agents, or
attorneys.
Id. §11.
Appointment of
lardian.
E. D. S. 567.
for a violation of any corporation ordinance, where the amount of
such penalty or fine shall not exceed the sum of two hundred and
fifty dollars, must be brought in a district court, held in a judi-
cial district in which the violation of such corporation ordinance
happened or occurred, and the justice of the same judicial district
may direct any of the city marshals to collect the payment and make
return in the same manner as now provided by law.
§ 1291. These courts must be held at the places in their respec-
tive districts now or hereafter appointed by the common council,
and provided in accordance with law. But in the first district the
courts 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.
The court in the third judicial district shall be held on the second
floor of the building known as the court-house in the third judicial
district. The court in the eighth district shall be held at such
suitable place within said district as the comptroller shall procure,
or cause to be procured, and as shall be provided in accordance
with law. Said courts shall be held 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.
§ 1292. 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. If at any time when 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 dis-
qualified 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 an adjoining district, and the latter court shall then have
jurisdiction to hear and try the same.
§ 1293. These courts have official seals furnished at the expense
of the city, 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.
§ 1294. Parties in these courts may prosecute or defend in
person, or by agent or attorney, except that the marshal who
served the summons, order of arrest, warrant of attachment, or
jury process cannot appear and act on the trial in behalf of either
party.
§ 1295. When a guardian is necessary he must be appointed by
the justice as follows:
1. If the infant be plaintiff, the appointment must be made
before the summons 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 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
SUMMIONS IN DISTRICT COURTS. 379
guardian, if the infant be over fourteen years of age, and the proposed
guardian be present, and consent in writing to be appointed, other-
wise the justice may appoint any suitable person who gives such
consent.
§ 1296. An action brought in either of these courts must be com-
menced by the voluntary appearance of, and joinder of issue by the
arties, or by the service of a summons.
§ 1297. The summons must be addressed to the defendant 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 make judgment, if the defendant fail to appear and
answer ; it must be subscribed by the clerk of the court out of
which the same issued, or by his deputy in the name of such clerk,
excepting that in actions brought by the corporation attorney of
the city as such attorney the summons may be issued by him in his
own name as such attorney, and in such actions he shall not be
required to pay to the clerk of the court the fees in the action, but
shall account therefor to the city treasury.
§ 1298. The time mentioned in the summons for the appear-
ance of the defendant and the time of service must be as
follows:
1. When 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 plain-
tiffs 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.
2. In all other cases it must be returnable not more than
twelve days from its date, and, except in the cases provided for in
Section thirteen hundred and seven of this act, must be served at
least six days before the time of appearance.
§ 1299. When the plaintiff does not reside in the city, 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 the last section, there shall be filed with
the clerk of the court a written undertaking, executed by one or
more sureties, to the effect that if the defendant recover judgment
such surety or sureties will pay all 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.
§ 1300. The summons must be served as follows:
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,
t
Co. Civ. Proo.
$3209.
Action to be
commenced by
Service Of Sum-
IIl OIl S.
1857, ch. 314, $12,
as amended,
1873, ch. 596, $1,
Comp. 1333.
Form of sum-
II) Ol) 8.
Id. §13,
as amended,
1862, ch. 484, §:0.
Return of Sum-
Ill ODS.
1857, ch. 344, $23,
as amended,
1862, ch. 484, $21,
Comp. 18; 6.
When undertak-
ing to be filed,
1857, ch. 344, $14,
Comp. 1333.
Summons, how
served,
Co. Civ. Proc.
$3298.
Iq., and proof
Of Hervice.
1862, ch. 484, $14;
1879, ch. 102, $1,
Comp. 1478.
See Co. Civ.
Proc. $2208.
Process by
whom 86 rved.
1857, ch. 344, $22,
Comp. 1326.
Summons,
order; of arrest
and attach-
ment.8.
See 1866, ch. 758.
1857, Ch. 344, $16,
Comp. 1334.
Co. Civ. Proc.
§3217.
Örder of arrest.
IIow. 23').
* (
• J J & SERVICE OF SUMMONS.
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.
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 com-
mittee, and to the defendant personally.
4. In all other cases to the defendant personally, except as in
this title otherwise specially provided.
§ 1301. The summons, and, in a proper case, a copy of the
complaint, or a precept in summary proceedings, may be served by
any person not a party to the action; except that a person, other
than a marshal, serving the same, must be first empowered to do
so, either by the justice or in actions brought by the attorney to the
corporation, on behalf of the city, by said attorney, as now
prescribed by law. Proof of service thereof by such a person, must
be made by his affidavit; which must state the particular place,
time, and manner of service, and that the affiant knew the person 8O
served to be the person mentioned and described in the summons.
as defendant therein.
§ 1302. Every warrant of attachment or other process issued by
or out of any said district courts, or by any justice or clerk thereof,
shall, except as hereinbefore provided, be served and executed by a
marshal of said city.
§ 1303. The summons, orders of arrest, and attachments issued
out of these courts shall not be served out of the city and county of
New York. The action shall be deemed commenced at the time
the summons is actually delivered for service. If the marshal or
other person having the summons to serve cannot find the defendant
so as to serve him there with as required by this title, he must so
return, and the clerk shall, at the request of the plaintiff, con-
tinue from time to time to issue others, until the defendant is
served.
§ 1304. An order to arrest the defendant must or may be
granted, directed to any marshal 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 not 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.
3. Where the defendant has been guilty of a fraud in contract-
ing 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.
ORDERS OF ARREST IN DISTRICT COURTS. 381
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.
§ 1305. Before an order of arrest shall issue, the Fº applying
must prove to the satisfaction of the justice, by the affidavit of
himself or some other person, the facts 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 and deliver to the
clerk of the court a written undertaking, approved by the justice,
with such approval indorsed 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,
specifying the street and number or other sufficient identification
of the building where he resides, and worth double the sum speci-
fied in the undertaking, as well 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 neces-
sary where the order of arrest 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 statues of this state
where the corporation of the city of New York or any department
of the government of said city authorized by statute to maintain an
action or of the people of the state of New ¥. are plaintiffs.
§ 1306. Any justice of a district court upon receiving sufficient
security for costs on the part of the complainant, and sufficient
proof by affidavit that any of the provisions of chapter five hundred
and thirty-four of the laws of eighteen hundred and seventy-nine,
entitled “An act for the preservation of moose, wild deer, birds,
fish, and other game,” have been violated by any person being
º within its jurisdiction, but not residing there perma-
nently, or by any person whose name and residence are unknown, is
hereby authorized to issue his warrant for the arrest of such
offender, and to cause him to be committed or held to bail to answer
the charge against him ; and any such justice, upon receiving proof
or probable cause for believing in the concealment of any game or
fish mentioned in said act, and taken during any of the periods
prohibited, and upon the complainants giving security, to be
approved by such magistrate, for the damage which the &eiji
in the case may sustain in consequence of the complaint, provided
he shall be found not to have violated the law, shall issue his search
warrant, and cause search to be made in any house, market, boat,
car, or other building, and for that end may cause any apartment,
chest, box, locker, crate, or basket to be broken open and the
contents examined.
§ 1307. An order of arrest must direct that the summons accom-
panying it be made returnable immediately upon the arrest of the
defendant, and it must specify a sum in which the defendant may
be let to bail.
1857, ch, 334, $21,
Comp. 1335.
Co. Civ. Proc.
$2219.
[Jndertaking on
issuing order of
3rreşt.
Co. Civ. Proc.
$3219.
1857, ch. 344, $21,
Cornp. 1336.
1879, ch. 534, $39,
Comp. 1351.
Issue of war-
rants of arrest
in actions under
game law.
Search warrants
Co. Civ. Proc.
§3218.
Proceedings
thereupon.
382 OIRDERS OF AIRTREST IN DISTIRICT COURTS.
Co. Civ. PTOC,
$31.79.
Proceedings On
arrest.
1857, ch, 344, $17,
Comp. 1335.
Proceedings in
case justice is a
witness.
1857, ch. 344, $18,
Comp. 1335.
Plaintiff noti-
fied of arrest.
Co. Civ. Proc.
$3180.
Bail or deposit
before return.
Id. $3181.
The same.
Co. Civ. Proc.
§3164.
Co. Civ. Proc.
$3182.
Id. ; bail or de-
posit after
l'Ot,ll II).
Co. Civ. Proc.
ſº
d. ; when and
how defendant
§ fä08. The marshal, upon arresting the defendant, by virtue of
such an order, must, at the same time, serve upon him the summons
and also a copy of the order of arrest, and of the papers upon
which it was granted. He must forthwith bring the defendant
before the court, if the court is then in session; otherwise, unless.
bail is given, as prescribed in section thirteen hundred and eleven,
he must take the defendant to the jail of the city and county of
New York for the confinement of prisoners in civil causes. The
keeper thereof must confine the defendant therein. On the next
day thereafter, when the court is in session, the marshal must take
the defendant from the jail, and bring him before the court.
§ 1309. If it be made to appear to the satisfaction of the justice
by the affidavit of the defendant that the justice is a material
witness in the action, the marshal 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 order of arrest had been issued out of the latter court.
§ 1310. The marshal making the arrest must immediately give
notice thereof to the plaintiff, and indorse on the order of arrest,
and subscribe a certificate, stating the time of serving the same,
and of his giving notice to the plaintiff.
§ 1311. The defendant may give bail, by delivering to the mar-
shal a written undertaking to the plaintiff, in the sum specified in
the order of arrest, executed by one or more sureties, to the effect
that the defendant will attend in person at the opening of the court,
on the next day thereafter when it is there in session, or he may
deposit with the marshal the sum specified in the order of arrest.
In either case the marshal must forth with release him from custody.
§ 1312. Where bail is given, as prescribed in the last section, the
officer taking the acknowledgment of the undertaking must, if the
marshal so requires, examine under oath, to a reasonable extent, the
persons offering to become bail, concerning their property and their
circumstances. The defendant may give bail, or make the deposit,
immediately upon his arrest, at any hour of the day or night ; and
he must have reasonable opportunity to seek for and to procure bail,
before being committed to jail. Where a deposit is made, the
money deposited must, before the expiration of the next day there-
after, not being Sunday or a public holiday, be paid by the marshal
into court, by paying the same directly to the chamberlain to the
credit of the cause.
§ 1313. At any time after the return of the marshal, and before
final judgment, the justice may admit a defendant in custody to bail,
or allow him to make a deposit; and may direct his release upon
his giving bail or making the deposit accordingly. The sum to be
deposited, or the sum specified in the undertaking of the bail, must
be fixed, and the sureties in the undertaking must be approved, by
the justice ; who must be satisfied, by their examination, or by other
proof, respecting their sufficiency. The undertaking must be to the
effect that the defendant will, at all times, render himself amenable
to any mandate which may be issued, to enforce a final judgment
against him in the action.
§ 1314. Unless bail is given, or a deposit is made, as prescribed
in the last three sections, the defendant must remain in the jail, by
virtue of the order of arrest, until final judgment in the action; and
ATTACHMENTS IN DISTRICT COURTS. 383
if the judgment is against the defendant, until the return of an exe-
cution against property, issued thereupon. Iłut the court must direct
him to be brought into court, at the time of the trial; and it may,
in its discretion, direct him to be brought into court at any other
time. In either case he must be taken from the jail, and brought
into court accordingly.
§ 1315. The marshal making the arrest, or another marshal, by
direction of the justice, must keep the defendant in custody, unless
he shall give the security for his appearance, or until he is duly dis-
charged by order of court; but in no case can such detention ex-
ceed 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, unless he has given bail
or made a deposit, file with the court the undertaking required by
section thirteen hundred and sixty-three of this act, before such
delay is granted to him.
§ 1316. A warrant of attachment against the property of one
or more defendants must be granted, upon the application of the
plaintiff, as hereinafter prescribed, where the action is brought
upon a judgment, or to recover for one or more of the following causes:
1. Breach of a contract, express Or implied. -
2. Wrongful conversion of personal property.
3. Any other injury to personal property, in consequence of
negligence, fraud, or other misconduct.
§ 1317. To entitle the plaintiff to such a warrant, he must
show, by affidavit, to the satisfaction of the justice, as follows:
1. That a sufficient cause of action exists against the defendant,
to recover damages for one or more of the causes specified in the
last section. If the action is upon a judgment, or to recover for
breach of a contract, the affidavit must show that the plaintiff is
entitled to recover a sum stated therein, over and above all counter-
claims known to him.
2. That the defendant is either a foreign corporation, or not
a resident of the state ; or, if the defendant is a natural per-
to remain in
custody.
1857, ch, 344, $19,
Comp. 1335.
Duty of marshal
Co. Civ. Proc.
$2905.
In what actions
warrants of
attachment may
be granted.
Id. 2906.
Whal, must be
shown to pro-
cure a Warrant.
son, and a resident of the state, that he has departed, or is about
to depart, from the county where he last resided, with intent to de-
fraud his creditors, or to avoid the service of a summons, or keeps
himself concealed, with the like intent ; or if the defendant is a
natural person, or a domestic corporation, that he or it has
removed, or is about to remove, property from the county where
the defendant, being a natural person, last resided, or, being a cor-
poration, last kept its principal office, or from the county in which
the action is brought, with intent to defraud his or its creditors,
or has assigned, disposed of, or secreted, or is about to assign,
dispose of, or secrete, property, with the like intent; or that the
defendant, being a natural person of full age, and a resident of
the state, has Şeen continuously without the United States for
the space of six months or more, immediately before the applica-
tion, and either that he has not made a designation of a person,
upon whom to serve a summons in his behalf, as prescribed in
Section four hundred and thirty of the Code of Civil Procedure, or
384 ATTACHMENTS IN DISTRICT COURTS.
Co. Civ. Proc.
2007.
tº ch. 344, $20,
Comp. 1335.
Warrant, form
and content&
thereof.
Id. 2908.
Undertaking.
Co. Civ. Proc.
§3219.
Co. Civ. Proc.
009
§ 09.
arrant, how
executed.
Id. §2010.
Service of Sum-
In OnS and War-
rant upon de-
fendant.
that service upon the person so designated cannot be made, with
due diligence, in the county where the person making the designa-
tion resides. The affidavit must be filed with the justice, when the
warrant is granted.
§ 1318. The warrant must be granted by the justice at the time
when the summons is issued, and must be issued by the clerk ; and
it must be indorsed thereupon, or annexed thereto. It must be
subscribed by the justice, and must briefly recite the ground of the
attachment. It must require the marshal, to whom the summons
is delivered, to attach, on or before a day specified therein, which
must be at least six days before the return day of the sum-
mons, and safely to keep, as much of the defendant's goods and
chattels, within his county, as will satisfy the plaintiff's demand,
with the costs and expenses, and to make return of his proceedings
thereon to the justice, at the time when the summons is returnable.
The amount of the plaintiff's demand must be specified in a warrant,
as stated in the affidavit.
§ 1319. Before granting the warrant, the justice must require a
written undertaking to the defendant, on the part of the plaintiff,
with one or more sureties, approved by the justice, to the effect
that, if the defendant recovers judgment, or the warrant of attach-
ment is vacated, the plaintiff will pay all costs which may be awarded
to the defendant, and all damages which he may sustain by reason
of the attachment, not exceeding the sum specified in the under-
taking, which must be at least twice the amount of the plaintiff's
demand, as stated in the warrant ; and that if the plaintiff recovers
judgment, he will pay to the defendant all money received by him
from property taken by virtue of the warrant of attachment, or upon
any bond given therefor, over and above the amount of the judg-
ment and interest thereupon.
§ 1320. The marshal to whom the warrant of attachment is
delivered, must execute it at least six days before the return day of
the summons, by levying upon and taking into his custody so much
of the goods and chattels of the defendant, not exempt from levy
and sale by virtue of an execution, including money and bank-
notes, which he finds within his county, as will satisfy the plain-
tiff's demand, with the costs and expenses. He must safely keep
the property attached, to be disposed of as prescribed in this title,
and must immediately make an inventory thereof, stating therein
the estimated value of each item or article.
§ 1321. The marshal must, immediately after making the inven-
tory, and at least six days before the return day of the summons,
serve the summons, together with the warrant of attachment and
inventory, upon the defendant, by delivering to him personally a copy
of each, if he can, with reasonable diligence, be found within the
county ; or, if he cannot be so found, by a leaving a copy of each, cer-
tified by the constable, at the last place of residence of the defendant
in the county, with a person of suitable age and discretion ; or, if such
a person cannot be found there, by posting it on the outer door, and
also depositing another copy in the nearest post-office, inclosed in
a sealed post-paid wrapper, directed to the defendant at his resi-
dence ; or, if the defendant has no place of residence in the county,
by delivering it to the person in whose possession the property
attached is found.
ATTACHMENTS IN DISTRICT COURTS. 385
§ 1322. The defendant, or his attorney, or agent in his behalf,
may, at any time before judgment is rendered in the action, execute
and deliver to the marshal an undertaking to the plaintiff in a sum
specified therein, at least twice the value of the property attached,
as stated in the inventory, with One or more sureties, approved by
the marshal or by the justice who issued the warrant ; and to the
effect, that if judgment is rendered against the defendant and an
execution is issued thereupon, within six months after the giving
of the undertaking, the property attached shall be produced to
satisfy the execution. Thereupon the marshal must deliver the
property to the defendant.
§ 1323. If a person, not a party to the action, claims any prop-
erty attached, which is not reclaimed by the defendant, as pre-
scribed in the last section, he may, at any time after the seizure
and before execution is issued upon a judgment rendered in the
action, execute and file with the clerk a bond to the plaintiff, with
one or more sureties approved by the marshal or by the justice, in
a penalty at least twice the value of the property claimed, and con-
ditioned that, in an action upon the bond to be commenced within
three months thereafter, the claimant will establish that he was the
general owner of the property claimed at the time of the seizure;
or, if he fails so to do, that he will pay to the plaintiff the value
thereof, with interest. The marshal must thereupon deliver the
property claimed to the claimant,
§ 1324. A judgment for the plaintiff, in an action upon a bond,
given as prescribed in the last section, must award to him the value
of the property seized and delivered to the claimant, with interest
thereupon from the time of the delivery. If the amount so recov-
ered exceeds the amount which the plaintiff recovers in the action
in which the warrant of attachment was issued, he is liable to the
defendant in that action for the excess.
§ 1325. If the warrant of attachment is vacated or annulled, the
defendant may maintain an action, upon the bond specified in the
last two sections, in his own name, in the same manner and with the
like effect as the plaintiff might have done if the warrant had
remained in full force.
§ 1326. The marshal executing the warrant of attachment must,
at the time when and place where it is returnable, make a return
thereto, under his hand, stating all his proceedings thereupon. He
must deliver to the clerk, with the return, each bond or undertaking
delivered to him, pursuant to any of the foregoing provisions of this
article, and a certified copy of the inventory of the property
attached. The return must state the manner in which the warrant
and inventory were served, and, if they were served otherwise than
by delivering a copy thereof to the defendant personally, the reason
therefor, and the name of the person to whom the copy was
delivered, unless his name is unknown to the marshal; in which
case the return must describe him so as to identify him, as nearly
as may be.
§ 1327. A defendant, whose property has been attached, may,
upon the return of the summons, apply to the justice who granted
the warrant of attachment to vacate or modify it, or to increase the
plaintiff's security. Such an application may be founded upon the
papers upon which the warrant was granted ; or upon proof, by
Id. $2911.
Undertaking by
defendant; re-
delivery to him.
Id. 2912.
Claim by third
person ; bond
and delivery
thereupon.
Id. $2913.
Action upon
bond.
Co. Civ. Proc.
2914
when defend-
ant may prose-
cute bond.
Id. $2915.
Return of
Warrant.
Id. §2616.
Motion to va-
cate or modify
Warrant, etc.
25 e
386 IºEPLEVIN IN DISTRICT COURTS.
Id. $2917.
Effect of vacat-
ing warrant.
Id. $2918.
Proceedings
When Summons
not personally
served.
Co. Civ. Proc,
§1740.
Co. Civ. Proc,
$2919.
When action for
a chattel may be
brought.
Id. $2920.
Plaintiff may
procure re-
plevin ; affidavit
and undertak-
ing.
affidavit, on the part of the defendant, or upon both. If it is.
founded upon proof on the part of the defendant, it may be opposed
by new proof, by affidavit, upon the part of the plaintiff, tending to
sustain any ground for the attachment, recited in the warrant, but
no other. The justice may, upon the return of the summons, or at
any other time to which the action is adjourned, vacate the warrant
of attachment upon his own motion, if he deems the papers upon
which it was granted insufficient to authorize it.
§ 1328. Vacating the warrant of attachment does not affect the
jurisdiction of the justice to hear and determine the action, where
the defendant has appeared generally in the action ; or where the
Summons was served personally upon him ; or where judgment.
may be taken against him, as being indebted jointly with another
defendant, who has been thus summoned or has thus appeared.
In every other case the justice who vacates a warrant of attach-
ment against the property of a defendant must dismiss the action
as to him.
§ 1329. Where the defendant has not appeared, and the sum-
mons has not been personally served upon him, and property of
the defendant has been duly attached by virtue of a warrant, which
has not been vacated, the justice must proceed to hear and deter-
mine the action; but in an action subsequently brought, the judgment.
is only presumptive evidence of indebtedness, and the defendant is
not barred from any counter-claim against the plaintiff. The exe-
cution, issued upon a judgment so rendered, must require the mar-
shal to satisfy it out of the property so attached, without containing
a direction to satisfy it out of any other property. !
§ 1330. In an action to foreclose a lien upon a chattel, if th
plaintiff is not in possession of the chattel, a warrant, commanding
the proper officer to seize the chattel, and safely keep it to abide
the judgment, may be issued, in like manner as a warrant of attach-
ment may be issued in an action founded upon a contract; and the
provisions of law applicable to a warrant of attachment issued out
of the court, apply to a warrant issued as prescribed in this section,
and to the proceedings to procure it, and after it has been issued;
except as otherwise specified in the judgment. A judgment in favor
of the plaintiff, in such an action, must correspond to a judgment
rendered as prescribed in section seventeen hundred and thirty-
nine of the Code of Civil Procedure, except that it must direct the
sale of the chattel by an officer to whom an execution, issued out
of the court, may be directed ; and the payment of the surplus, if
its safe keeping is necessary, to the county treasurer, for the benefit
of the owner.
§ 1331. An action to recover a chattel, with or without damages
for the wrongful taking, withholding, or detention thereof, can be
brought before a district court in a case and subject to the qualifi-
cations specified in sections sixteen hundred and eighty-nine, sixteen
hundred and ninety, sixteen hundred and ninety-One, and sixteen
hundred and ninety-two, and subdivision seventh of section twenty-
eight hundred and sixty-two of the Code of Civil Procedure.
§ 1332. The plaintiff may, at the time when the summons is
issued, but not afterward, require the chattel to be replevied as
prescribed in sections thirteen hundred and thirty-three to thirteen
hundred and forty-five, inclusive. For that purpose, he must deliver
JREPLEVIN IN DISTRICT COURTS. 387
to the justice an affidavit and an undertaking, similar in all respects
to the affidavit and undertaking required to be delivered to a sheriff,
as prescribed in sections sixteen hundred and ninety-five, sixteen
hundred and ninety-seven, sixteen hundred and ninety-nine, and
seventeen hundred and twelve of the Code of Civil Procedure ;
except that the sureties in the undertaking must be approved by
the justice.
§ 1333. Upon receiving the affidavit and undertaking, the justice Id. $2991.
must indorse upon or attach to the affidavit a written requisition, *ition.
subscribed by him, requiring the marshal to whom the summons
is delivered, to replevy the property described in the affidavit, on
or before a day º in the requisition, which must, except in
the case of a non-resident defendant, be at least six days before
the return day of the summons. The affidavit and requisition must
be delivered to the marshal with the summons.
§ 1334. The marshal must execute the requisition, as a sheriff'Id. $2022.
is required to execute a requisition, in an action brought to recover
a chattel, as prescribed in sections seventeen hundred, seventeen
hundred and one, and seventeen hundred and two of the Code of
Civil Procedure; except that he must, save in the case of a non-
resident defendant, serve the summons, affidavit, and requisition Id. how ex-
within the time and in the manner prescribed by section thirteen ...; or sum.
hundred and twenty-one of this act for the service of a summons, mons, etc.
warrant of attachment, and inventory.
§ 1335. The marshal must, on or before the return day of the Id. $2023.
summons, make a return to the requisition, under his hand, stating ...”
all his proceedings thereupon ; and file it, with the affidavit and
requisition, with the clerk. The return must state the manner in
which the summons, affidavit, and requisition were served ; and,
if they were served otherwise than by delivering the requisite
copies to the defendant personally, the reason therefor, and the
name of the person to whom the copies were delivered, unless his
name is unknown to the marshal; in which case the return must
describe him so as to identify him, as nearly as may be.
§ 1336. At any time after the chattel has been replevied, except go, giv. Proc.
in the case of a non-resident defendant, and at least two days ;
s efendants may
before the return day of the summons, the defendant, unless he ºcept the sure.
tº © 5 e ties ; proceed-
requires a return of the chattel, may serve upon the plaintiff, or ings’tiºn.
upon the marshal, a written notice that he excepts to the plaintiff's
Sureties; otherwise he is deemed to have waived all objections
to them. If such a notice is served, the sureties must justify
upon the return of the summons; or the plaintiff must then give
new undertaking, to the same effect as the original undertaking,
with other sureties, who must then appear and justify before the
justice.
§ 1337. At any time before the return day of the summons, Id,52025.
the defendant may, if he does not except to the plaintiff's sureties, §.
serve upon the clerk a notice that he requires the return of the . *
chattel replevied. With the notice he must deliver to the clerk an
affidavit and an undertaking, similar, in all respects, to those
required to be given by a defendant upon requiring a return of a
chattel, as prescribed in sections seventeen hundred and four and
Seventeen hundred and twelve of the Code of Civil Procedure,
omitting the provision in the undertaking, “ or if the action abates
388 REPLEWIN IN DISTRICT COURTS,
in consequence of the defendant's death.” The sureties in the
undertaking must justify before the justice upon the return of the
summons. If the plaintiff has stated separately in his affidavit
Id. §2026.
Justification of
Sureties.
$810.
Id. §2027,
When and to
whom marshal
must deliver
chattel.
Id. §2928.
Penalty for
wrong delivery
by marshal.
Co. Civ. Proc.
Id. §2929.
Claim of title by
third person.
Id. §2030,
Defendant may
demand judg-
Iment for return.
Id. $2931.
the value of one or more chattels or classes of chattels, as pre-
scribed in section sixteen hundred and ninety-seven of the Code of
Civil Procedure, the defendant may require a delivery of part of
the property replevied, as prescribed in that section.
§ 1338. #j as otherwise expressly prescribed in this title,
the examination and qualifications of the sureties, and the allow-
ance of the undertaking, upon a justification pursuant to either of
the last two sections, must be the same as upon a justification of
bail, as prescribed in sections five hundred and seventy-nine, five
hundred and eighty, and five hundred and eighty-one of the Code
of Civil Procedure, substituting the justice for the judge ; but after
..such allowance, the undertaking must be filed with the clerk. The
marshal is thereupon exonerated from liability.
§ 1339. If the defendant neither excepts to the plaintiff's
sureties nor requires the return of the chattel, within the time
prescribed for that purpose ; or if he fails to procure the allow-
ance of his undertaking; or if the plaintiff, after the defendant has
excepted to his sureties, duly procures the allowance of his under-
taking, the marshal must, except in the case specified in the next
section but one, immediately deliver the chattel to the plaintiff.
If the plaintiff, after the defendant has excepted to his sureties,
fails to procure the allowance of his undertaking; or if the defend-
ant, after he has required the return of the chattel, procures the
allowance of his undertaking, the constable must immediately
deliver the chattel to the defendant.
§ 1340. The marshal who delivers to either party, without the
consent of the other, a clattel replevied by him, except as pre-
scribed in the last section, or by virtue of an execution issued upon
a judgment in the action, forfeits to the party aggrieved the sum of
one hundred dollars, and is also liable to him for all damages which
he sustains thereby.
§ 1341. The provisions regulating the proceedings, where a
person, not a party, claims property which has been replevied,
and the rights of such a person, and of the sheriff, as prescribed
in sections seventeen hundred and nine, seventeen hundred and
ten, seventeen hundred and eleven, and seventeen hundred and
twelve of the Code of Civil Procedure, apply to a like case in an
action, brought as prescribed in this title, substituting the marshal
for the sheriff; except that service of a notice and a copy of the
claimant's affidavit, upon the plaintiff's attorney, as prescribed in
section seventeen hundred and nine of said act, must be made
either upon the plaintiff personally, or upon the attorney who
appears for him before the justice; and that the sum specified in
the undertaking, given by the plaintiff to the marshal, need not
exceed, in any case, three hundred dollars.
§ 1342. Where a chattel has been replevied, and the defendant
has not required the return thereof, pending the action, as pre-
scribed in the foregoing sections, he may, in his answer, demand
judgment for the return thereof, either with or without damages for
the taking, withholding, or detention.
§ 1343. Section thirteen hundred and seventy-three, section
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390 ACTION ON BASTARDY BONDS.
Answer of title of defense, set forth in his answer facts showing that the title to
real property will come in question. Such an answer must be in
writing; and it must be signed by the defendant, or his attorney or
agent, and delivered to the justice. The justice must, thereupon,
countersign the answer, and deliver it to the plaintiff.
Id. $2958. § 1350. In the case specified in the last section, the defendant
Hºs must also deliver to the justice, with the answer, a written under-
*
taking, executed by one or more sureties, approved by the justice,
to the effect that, if the plaintiff, within twenty days thereafter,
deposits with the justice a summons and complaint in a new action,
for the same cause, to be brought in the proper court, as prescribed
in the next section, the defendant will, within twenty days after the
deposit, give a written admission of the service thereof. Where the
defendant was arrested in the action before the justice, the under-
taking must further provide that he will at all times render himself
amenable to any mandate which may be issued to enforce a final
judgment in the action so to be brought. If the defendant fails to
comply with the undertaking, the sureties are liable thereupon to
o, or rise any amount for which judgment might have been rendered by the
§3212. istri ourt, if the answer and un aking ha €61 ivered.
district court, if the a r and undertaking had not been delivered
## out § 1351. The court in which a new action is to be brought, as
*śhe prescribed in the last section, is the supreme court. tº a º
brought. § 1352. Upon the delivery of the undertaking to the justice, the
§" * action before him is discontinued, and each party must pay his own
}º costs. The costs so paid by either party must be allowed to him,
be discontinued, if he recovers costs in the new action, to be brought as prescribed
in the last two sections. If the plaintiff fails to deposit with the
justice a summons and complaint in the new action, before the
expiration of twenty days after the delivery of the undertaking, the
defendant may maintain an action against the plaintiff to recover
his costs before the justice.
Id. $2956. § 1353. If the undertaking is not delivered to the justice, he
fºre has jurisdiction of the action, and must proceed therein ; and the
taking. defendant is precluded, in his defense, from drawing the title in
question.
Wiśl, § 1354. If, however, it appears upon the trial, from the plaintiff's
Cºues own showing, that the title to real property is in question, and the
§ºr, own title is disputed by the defendant, the justice must dismiss, the
showing. complaint, with costs, and render judgment against the plaintiff
accordingly.
Id. $2957. § 1355. In the new action, to be brought after an action before
j." a justice is discontinued, by the delivery of an answer and an
§, undertaking, as prescribed in the last six sections, the plaintiff
when applicable must complain for the same cause of action only upon which he
relied before the justice, and the defendant's answer must set up
the same defense only which he made before the justice. If the
action is to recover a chattel which was replewined in the justice's
court, each undertaking, given in the justice's court, continues to be
valid in, and is applicable to, the new action.
Id. $2958. § 1356. Where, in an action before a justice, the plaintiff has two
fº.º.;" or more causes of action, and the defense, that the title to real
ºute property will come in question is interposed, as to one or more, but
Of 8 CLIOI). not as to all of them, the defendant may deliver an answer and
undertaking as prescribed in sections thirteen hundred and forty-
PROCEEDINGS TO DISPOSSESS TENANT, 391
nine and thirteen hundred and fifty of this act, with respect to the
cause or causes of action only, in º title will so come in question.
Whereupon the justice must discontinue the action as to those
causes of action only; the plaintiff may commence a new action
therefor in the proper court; and the original action must proceed
as to the other causes.
§ 1357. Application for the removal of a person from real prop- Id, §2234.
erty, as prescribed in title two of chapter seventeen of the Code of ; $4,
Civil Procedure, may be made to the district court of the district º
within which the property, or a portion thereof, is situated. Every jº,
precept in summary proceedings to dispossess tenants shall be ;...".
served and executed by a marshal of said city, except as provided . .".
in section thirteen hundred and one of this act. to be served.
§ 1358. The petition must be filed with, and the precept must go, giv. Proc.
be issued by the clerk of the court; and the precept must be made $ºssess
returnable before the court, at the place designated, pursuant to jºi.
law, for the holding court; and all subsequent proceedings in the returiable, etc.
cause must be had at that place, except as otherwise prescribed in
the next section but one. If, upon the return of the precept or
upon an adjourned day, the justice is unable, by reason of absence
from the court room or sickness, to hear the cause, and it is not
adjourned by the clerk in accordance with section twelve hundred
and nine-two of this act, or it is shown by affidavit that he is for
any reason disqualified to sit in the cause, or is a necessary and
material witness for either party, a justice of any other district court
of the city may act in his place at the same court room.
§ 1359. At the time when the precept is returnable, without wait- Id. $224.
ing as prescribed in an action in the district court, the person to *
whom it is directed, or his landlord, or any person in possession or
claiming possession of the premises, or a part thereof, may file,
with the judge or justice who issued the precept, a written answer,
verified in like manner as a verified answer in an action in the
supreme court, denying generally the allegations, or specifically any
material allegation of the petition.
§ 1360. At the time of joining issue, the justice sitting in the go, giv. Proc.
cause may, in his discretion, upon motion of either party, or, if no * may be
justice is present, the clerk may, by consent of both parties, make ...,
an order transferring the cause for trial, to a district court of an court for trial,
adjoining district, which thereupon has the same jurisdiction and
power, at its own court-house, as if the property was situated
within its district.
§ 1361. The court may at the time of pleading, or at any other 1857, ch,344, $24,
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 afterward
being given in evidence.
§ 1362. The trial of the action may be adjourned by the court, Id, sºb.
or on the application of either party, for a period not exceeding #5 s, is:
eight days at any one adjournment, unless the defendant is under Sid. 88,
arrest, in which case it shall not be adjourned to exceed forty-eight
hours, except by consent of the defendant; and 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,
392 I?RO(|E|,IDINGS TO TXISIPOSSESS TENANT.
Id. $26.
Application for
adjournment.
Id. $27.
Adjournments.
4 E. D. 8, 68.
1813, ch. 86, $148.
1857, ch. 344, $28,
Comp. 1337.
Id. $29.
Failure to ap-
pear by plaintiff
1862, ch. 484, $16,
Comp. 1352.
When default
may be opened.
See 18 Abb. 1.
1857, ch. 344, $30,
Comp. 1337.
1880, ch. 245, $3,
subd. 13.
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.
§ 1363. If the application for the adjournment of the trial be
on the part of the defendant under actual arrest, before it can be
granted he must execute an undertaking, with one or more suf-
ficient Sureties, to be approved by the justice, which approval
must be indorsed on the undertaking, to the effect that he will
appear on the adjourned day, and not depart until duly dis-
charged 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.
§ 1364. An adjournment may be had either at the joining of
issue, or at any subsequent time to which the cause may stand
adjourned on application of either party, for a period longer than
eight days, but not to exceed ninety days from the return of the
summons, 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 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, describ-
ing 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. All
bonds taken upon the adjournment of any cause shall be good and
valid against the obligor or obligors, although subsequent adjourn-
ments are had after the execution of such bond or obligation.
§ 1365. The justice may impose upon the party applying for
an adjournment such conditions as to him may seem reasonable.
§ 1366. If the plaintiff fail to appear at the return of the
Summons and make his complaint, the action must be dismissed.
§ 1367. Any justice 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 con-
dition 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 º: 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.
§ 1368. Sections twenty-nine hundred and eighty to twenty-nine
hundred and eighty-seven, inclusive, of the Code of Civil Procedure
apply to these courts, but the power and authority therein given is
extended so as to authorize the issuing of commissions to take the
testimony of witnesses residing out of this state, except as in this
title otherwise expressly provided.
JUPORS IN IDISTRICT COUTRTS. * 393
§ 1369. 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 sections eight hundred and seventy-one to eight
hundred and eighty-three, inclusive, of the Code of Civil Procedure,
which apply to those courts, except as in this title otherwise
expressly provided. -
§ 1370. Subpoenas requiring witnesses to appear and testify
On the trial of an action, on the demand of either party, shall 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 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.
§ 1371. A list of trial jurors for each of the district courts
must be selected by the commissioner of jurors, and must consist
of not less than fifty, nor more than one hundred jurors. A person
shall not be placed upon such a list who does not reside in the
district in which the court is held. The commissioner of jurors
shall, on or before the first Monday of September in each and
every year, furnish the clerk of each of these courts with a list of
the names, residence and occupation of the persons liable to do
jury duty, and who are borne upon said list. 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. The judge of each
district court must impose a fine of twenty-five dollars upon each
person duly drawn and notified to attend the court as a trial juror,
who fails to attend as required by the notice. The clerk of the
court must, within ten days thereafter, transmit to the commis-
Sioner of jurors a certificate showing that the fine has been so
imposed, and stating how the notice to attend was served upon the
delinquent, in order that the same proceedings may be had as in the
case of a delinquent juror in a court of record. A judge or a clerk
who violates this section forfeits one hundred and fifty dollars for
each offense.
§ 1372. A trial by jury must be demanded at the time of joining
an issue of fact, and is waived if neither party then demand it;
When demanded, the trial of the case may be adjourned until a time
fixed for the return of the jury. The clerk must publicly draw
twelve persons from the undrawn jury box, and deliver the list
thereof to a marshal, 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 attend-
ing shall be drawn to try the cause, provided that number appear.
1857, ch. 344, $81.
Conditional
testimony.
1880, cb. 245, $3,
8mbd. 13.
1857, ch. 334, $32,
Comp. 1388.
Subpoenas.
Co. Civ. l’roc.
$1111.
Comp. 1354.
List of trial
jurors to be
selected?'
1857, ch. 344, $33,
Comp. 1338.
List of jurors.
Co. Civ. Pro c.
$1111.
Comp. 1354.
1857, ch. 344, $34,
Comp. 1338.
Trial by jury.
Drawing of jury
394 JURORS IN DISTRICT COURTS.
1860, ch. 410, $1,
Comp. 1354.
When jury of
twelve to be
drawn.
1857, ch. 344, §35,
Comp. 1338.
Id. §37.
Comp. 1339.
Non- attendance
of jurors.
Id. §38.
Unchanged.
Ballots.
Id. $39.
Fees on jury
trial.
1857, ch. 344, $40,
Comp. 1338.
Adjournment
after return of
jury.
Id. §41.
Competency of
jurors.
Id. §42.
Verdicts.
Id. $44.
Swearing jury
etc.
§ 1373. But in all cases where both parties to any action shall
assent thereto, or where any party shall have claimed and the other
shall assent thereto, the justice of said court shall order a jury of
twelve men to be summoned to try the issues. In such case the clerk
shall draw twenty-four names, and the same shall be summoned in the
same manner as in other cases required by law, and twelve of such
number shall be drawn to try the cause. The jury fee to be
deposited in such cases shall be six dollars, besides the officer's
fees for summoning the jury.
§ 1374. The officer or the person deputed, as in the last section
but one provided, must thereupon immediately summon each
person named in the list, by giving him the notice mentioned in
the last section but one personally, or by leaving it at his place of
residence, with some person of º 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.
§ 1375. If a sufficient number of competent and indifferent
jurors do not attend, the justice must direct to be summoned from
the vicinity sufficient to complete the jury by a marshal or a person
deputed for that purpose.
§ 1376. The ballots containing the names of the jurors sum-
moned and not drawn must be returned by the clerk to the un-
drawn jury box, to be drawn as in the first instance. The ballots
containing the names of the jurors who served, must be placed in
a box to be called the drawn jury box, until all the other names
have been drawn therefrom, and, as often as that happens, the
whole number must be returned to the undrawn jury box, as in the
first instance.
§ 1377. Before a party can be entitled to a jury, he must deposit
with the clerk at the time he demands a trial by jury, the sum of
three dollars and the officer's fees for summoning the jury, from
which the clerk must refund to the party the fees of all jurors who
do not attend, which jurors' fees not refunded and the officer's fees
must be included in the judgment, as part of the costs, in case the
party calling the jury recover judgment.
§ 1378. No adjournment can be granted after the return of the
jury unless the party requiring the same, in addition to the other
conditions imposed upon him, deposit with the clerk to be imme-
diately paid to the jurors attending, the sum of twenty-five cents
each, which amount in no case is to be included as part of the costs
in the judgment.
§ 1379. 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.
§ 1380. The verdict of the jury must be general for the plaintiff
for a specific sum, or for the defendant, or where there is a counter-
claim or set-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.
§ 1381. The swearing of the jury, and the mode of conducting
the trial, are the same in these courts as they are in courts of
record.
TRIALS IN DISTRICT COURTS. 395
§ 1382. Judgment that the action be dismissed, with costs, with-
out prejudice to a new action, shall be rendered in the following
Ca,S6S .
1. Where the plaintiff voluntarily discontinues the action before
it is finally submitted.
2. When he fails to appear at the time specified in the summons
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 title, 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 juris-
diction.
4. Where the plaintiff does not prove his cause of action.
§ 1383. When the defendant fails to appear and answer, judg-
ment must be given for the plaintiff, as follows:
1. In a case where a written complaint has been served with
the summons in accordance with the foregoing provisions of this
title, unless the defendant, upon the return .# the summons; Or,
if the cause has been adjourned by the clerk in accordance with
law at the time to which it was adjourned, files a written answer,
verified in like manner, denying one or more material allegations,
or, generally, each allegation of the complaint, or setting forth new
matter, constituting one or more defenses or counter-claims, the
justice must render judgment in favor of the plaintiff, for the sum
claimed in the complaint, with costs, without putting the plaintiff
to any proof. The provisions of this section apply, where the
action is against two or more defendants jointly indebted, and the
Summons and a copy of the complaint are served upon one or more,
but not upon all of them; in which case, judgment may be taken,
as prescribed in this section, against all the defendants, in like
manner and with like effect as a judgment taken as prescribed in
Section three thousand and twenty of the Code of Civil Procedure.
2. In other cases the justice must hear the evidence of the
Fº and render judgment for such sum only as shall appear
y the evidence to be just, but in no case to exceed the sum speci-
fied in the summons.
§ 1384. Upon the issue of fact joined, if a jury trial be not
demanded, as required by this title, 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 for that 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.
§ 1385. 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.
§ 1386. When a judgment is rendered in a case where the
defendant is subject to arrest and imprisonment thereon, it must
be so stated in the judgment and entered in the docket.
Id, $45.
When action
may be dis-
missed.
Id. $46.
Failure to
appear and
& DSWer.
Co. Civ. Proc.
§3126.
1857, ch. 344, $47,
Comp. 1340.
Issues of facts.
4 E. D. S. 279.
Id. §49.
Id. §50.
Judgments in
cases of arrest
and imprison-
Iment.
396 TTANSCRIPTS OF DISTRICT COUIRT JUDGMENTS.
Special pro-
ceedings.
Id. §79.
Powers and
authority of
justices when
engaged in
trials.
1873, ch, 528, §1,
7.
Comp. 139
1837, ch. 481, $6,
Comp. 1355.
Saving clause.
1857, ch, 344, §77,
Comp. 1345
Justice to take
depositions.
f º ch. 245, $3,
subd. 13.
Co. Civ. Proc.
$8017.
ranscript of
judgment ;
docketing the
San G.
See Co. Civ.
Proc. §3220.
§ 1387. The trial of an action or special proceeding may be con-
tinued from day to day or from one day to any other day or days
until the same is finished. ... A special proceeding commenced
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 paper filed with the
clerk, or of the minutes of any testimony tºº, by or before said
justice, certified by the clerk to be correct, shall tº presumptive
evidence of the facts therein contained.
§ 1388. The justice, when actually engaged in the hearing or
trial of any special proceeding, shall have all the power and
authority that are conferred on these courts by section fourteen
hundred and fifteen, and he may compel the attendance of witnesses
on the trial of such special proceeding the same as if it was the
trial of an action pending in a court of record, except that when
the proceedings are before him as such, and not before the court,
subpoenas shall be signed by the justice, and he is authorized to
punish witnesses for neglect to attend the same, as courts of record
are authorized to do.
§ 1389. No justice of a district court shall exercise any power
or authority appertaining to any police justice except as other-
wise specially provided in this title.
§ 1390. No process, suit, judgment, execution, or proceeding
had before either of the courts held by either of the said justices
shall abate or be discontinued by reason of the death, removal
from office, or vacancy in office of any justice, but the respective
successors in office of the said 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 prede-
cessor in office, with the same powers, jurisdiction, and authority
as their predecessors had.
§ 1391. The justices of each of the courts may, in the city of
New York, by virtue of his office, administer oaths, take depositions
and acknowledgments, and certify the same in like manner and
with like effect as if he were a justice of a court of record.
Sections nine hundred and fourteen to nine hundred and sev-
enteen, inclusive, and section thirty-three hundred and nine-
teen of the Code of Civil Procedure apply to the justices of these
courts.
§ 1392. The clerk of the court in which a judgment is rendered,
except in an action to recover a chaftel, must, upon the application
of the party in whose favor the judgment was rendered, and pay-
ment of the fee therefor, deliver to him a transcript of the judg-
ment. The county clerk of the county in which the judgment was
rendered must, upon the presentation of the transcript, and pay-
ment of the fees therefor, indorse thereupon the date of its receipt,
file it in his office, and docket the judgment, as of the time of
the receipt of the transcript, in a book kept by him for that pur-
pose, as prescribed in article third of title first of chapter eleventh
of the Code of Civil Procedure. Thenceforth the judgment is
deemed a judgment of the court of common pleas, and must be
enforced accordingly ; except that an execution can be issued there-
upon, at the option of the judgment creditor, either by the county
TRANSCIRIPTS IN DISTRICT COURT JUDGMENTS. 397
clerk, as prescribed by section thirty hundred and forty-three of
the Code of Civil Procedure, directed to the sheriff, or by the
clerk of the district court, directed to a marshal. In case the
execution is issued to a marshal, it must be in the same form and
executed in the same manner as if the judgment had not been so
docketed. The judgment is not a lien upon, and cannot be enforced
against real property, unless it is for twenty-five dollars or more,
exclusive of costs.
§ 1394*. If the action, in which the judgment is rendered, is one
of the actions specified in subdivision first or second of section
twenty-eight hundred and ninety-five of the Code of Civil Procedure,
or if an order of arrest was granted, and was executed, in a case
specified in subdivision third of that section, and, in either case, if
the defendant is a male person, there must be inserted, in each
transcript given, as prescribed in the last section, the words,
“defendant liable to execution against his person ; ” and a like
note must also be made in the docket of the judgment made by the
county clerk.
§ 1394. The clerk of the court in which a judgment is rendered
for a chattel, which has been delivered to the unsuccessful party,
or for the value thereof, in case a return thereof cannot be had,
must, where the value exceeds twenty-five dollars, upon the appli-
cation of the º in whose favor the judgment was rendered, and
payment of the fee therefor, deliver to im a transcript of the
judgment, stating the particulars thereof. The county clerk of the
county in which the judgment was rendered must, upon the pre-
sentation of the transcript, and payment of the fees therefor, indorse
thereupon the date of its receipt, file it in his office, and docket the
judgment, as of the time of the receipt of the transcript, in a book
kept by him for that purpose, as prescribed in article third of title
first of chapter eleventh of the Code of Civil Procedure, and must
also enter in the docket the particulars of the judgment, as stated
in the transcript. Thenceforth the judgment is deemed a judg-
ment of the court of common pleas, and must be enforced ...i
ingly; except that an execution can be issued thereupon only by
the county clerk, as prescribed in section thirty hundred and forty-
three of said code.
§ 1395. Where an action is brought against two or more per-
sons, jointly indebted on contract, and the summons is served
upon one or more, but not upon all of them, if the plaintiff re-
covers judgment, it must be entered against all, in the mode pre-
scribed in section nineteen hundred and thirty-two of the Code of
Civil Procedure. Sections nineteen hundred and thirty-three, nine-
teen hundred and thirty-four, and nineteen hundred and thirty-five
thereof, apply to such a judgment, and to each execution issued
thereupon; except that, where the clerk of the court or the county
clerk issues the execution, he must make the indorsement pre-
scribed in section nineteen hundred and thirty-four thereof.
§ 1396. The clerk who gives a transcript of a judgment, taken
as prescribed in the last section, must distinctly designate, in the
transcript, each defendant who was not summoned. Thereupon the
clerk who dockets the judgment must make in the docket, under
**-*---------. --
* So in the original.
Id. §3018; when
execution may
issue against
person.
Id. §3019; in
action for a
chattel.
Co. Civ. Proc.
§3020.
Judgment
against joint
debtors.
Id. §3021.
Docketing the
same action
hereupon.
398 EXECUTIONS IN DISTRICT COURTS.
or opposite the name of each defendant not summoned, an entry,
as prescribed in section nineteen hundred and thirty-six of the
Code of Civil Procedure; and the provisions of that section apply
to the judgment so docketed. An action upon a judgment so
docketed can be maintained in a district court against the defend-
ants summoned, only in a like case, and with like effect, as if they
were the only defendants in the original action. An action may
be maintained against the defendants not summoned, as prescribed
in section nineteen hundred and thirty-seven thereof, in any court
having jurisdiction thereof; and the plaintiff is entitled to costs,
upon recovering final judgment therein, where the sum remaining
unpaid is twenty-five dollars or more.
Id. $3022. . § 1397. The county clerk with whom a transcript is filed, as
:::::::::::::, prescribed in either of the foregoing sections of this title, must
county. urnish to any person applying therefor, and paying the fees
allowed by law, one or more transcripts of the docket º the judg-
ment, attested by his signature. A county clerk, to whom such a
transcript is presented, must, upon payment of the fees therefor,
immediately file it, and docket the judgment in the appropriate
docket-book kept in his office, in like manner as the judgment was
docketed by the first county clerk. The judgment, when docketed
as prescribed in this section, has the like effect, with respect to the
enforcement thereof, or any proceedings thereunder, or by virtue
thereof, in the county where it was so docketed, as if it was ren-
dered by a justice of the peace of that county, and docketed upon
filing his transcript ; except that where an application for leave to
issue an execution is necessary, it must be made to the county
court of the county where the judgment was rendered.
lsº, on is, is § 1398. Whenever any judgment shall be rendered against any
º: marshal or his sureties in any of the district courts, a transcript
judgment thereof shall be filed in the office of the clerk of the court of com-
*” mon pleas, 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 manner 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.
1857, ch. 344, $52, § 1399. The execution, when issued out of the district court,
§ompiãºf "" must be directed to a marshal, subscribed by the clerk of the court in
To whom º & e
§ºn to which the judgment was rendered, or by his successor in office, and
Hºhom must bear date of the day of its delivery to the officer to be
directed, etc. executed. It must intelligibly refer to the judgment by stating the
names of the justices before whom, and 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 re-
quire of the marshal substantially as follows:
Requirements 1. If it be a case where the defendant cannot be arrested, it must
of execution, direct the officer to collect the amount of the judgment, or the
amount due thereon, out of the personal property of a debtor, and
to pay the same to the party entitled thereto. *
2. If it be a case º the defendant may be arrested, in addi-
tion to the foregoing, it may direct the officer, if sufficient property
of the defendant liable to execution cannot be found to satisfy
IXECUTIONS IN DISTRICT COURTS. 399
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.
§ 1400. Upon an execution on a judgment against joint debtors,
upon one or more of whom the summons 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 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, who may be
arrested for want of property.
§ 1401. 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 º, 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 be discharged by due course of law.
§ 1402. An execution may, at the request of the plaintiff, be
renewed before the expiration of the twenty days by the word
“renewal” being written thereon, with the date thereof, subscribed
by the clerk of the court or his assistant ; 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.
§ 1403. Sections thirty hundred and twenty-four, thirty hun-
dred and twenty-seven, and thirty hundred and forty-three of the
Code of Civil Procedure apply to these courts except as herein
otherwise expressly provided.
§ 1404. Any iº recovered in an action brought in pursu-
ance of the provisions of subdivision eleven of section twelve
hundred and eighty-five of this act may be collected and the payment
thereof enforced by execution against the person, and pay” person
imprisoned by such execution shall be so imprisoned for a period
of not less than five days at the rate of one day for every dollar or
fractional part thereof of such judgment and interest when the
same exceeds five dollars, and such imprisonment shall not be
satisfaction of such judgment ; but no person shall be more than
once imprisoned upon any such judgment or execution.
§ 1405. In an action, brought in either of those courts, by a
female to recover for services performed by her, if the plaintiff
recovers a judgment for a sum not exceeding fifty dollars, exclusive
of costs, no property of the defendant is exempt from levy and sale
by virtue of an execution against property, issued thereupon ; and,
fºss-
* So in original.
1857, ch. 344, §53
Comp. 1341. $53,
Executions
against joint
ebtors.
Id. $54.
Id. $55.
Renewal of
executions.
Co. Civ, Proc.
4
$64.
1857, ch. 344, $48,
Comp. 1340.
1880, ch. 245, $3,
subd. 13.
1878, ch. 534, $33,
Imprisonment
on body
execution.
Co. Civ. Proc.
;
nforcement of
certain judg-
ments in favor
of working
WOII len.
400 EXECUTIONS IN DISTIRICT COURTS.
1857, ch. 344, $56,
Comp. 1342.
Id. §57.
Liability of
marshalº.
Id. $58.
Return of
executions.
Id, $59.
What to be
entered in
dockets.
if such an execution is returned wholly or partly unsatisfied, the
clerk must, upon the application of the plaintiff, issue an execution
against the person of the defendant for the sum remaining uncol-
lected. A defendant, arrested by virtue of an execution so issued
against, his person, must be actually confined in the jail, and is not
entitled to the liberties thereof; but he must be discharged after
having been so confined fifteen days. After his discharge an
execution against his person cannot be issued upon the judgment,
but the judgment creditor may enforce the judgment against
property, as if the execution, from which the judgment debtor is
discharged, had been returned without his being taken.
§ 1406. A defendant cannot be arrested, nor his property sold
on execution after twenty days from its issue or renewal, but prop-
erty levied on within the twenty days may be sold after renewal.
§ 1407. A marshal is liable to a party in whose favor an execu-
tion 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 him or to the party entitled thereto the money col-
lected 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 de-
fendant fails to commit him to the county jail within the twenty
days.
§ 1408. Whenever an execution has been returned satisfied in
whole or in part, where a º: 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 sat-
isfaction for the amount so satisfied ; judgments docketed in these
courts may be satisfied in the same manner as judgments docketed
in courts of record.
§ 1409. Every clerk of these courts must keep a book, denom-
inated a docket, in which must be entered by him :
1. The title of every action or proceeding in which a summons,
order of arrest, attachment, or precept is issued, or when parties
voluntarily appear.
2. The date of the summons, or precept, and the time of its
return, and if an allowance of an order of arrest to arrest the
defendant or of a warrant 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 dis-
agree and are discharged, that fact must be stated.
EXTRA COSTS IN DISTRICT COURTS. 401
º
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.
§ 1410. The several particulars in the last section specified must 1857, ch,344, $60,
be entered under the title of the action or proceeding to which they #.”
relate, and at the time when they occur. Such entries in the docket, #: is
or a transcript thereof, certified by the clerk or his successor in gº ºn tº gº
office, with the seal of the court thereon impressed, are evidence to
rove the facts as stated therein.
§ 1411. The clerk must keep an index to his docket, in which Id. §61.
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. -
§ 1412. It is the duty of every clerk of these courts to deliver 13,552.
to his successor in office his official dockets and papers on 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.
§ 1413. A clerk with whom the docket of his predecessor is depos- 14, $63.
ited may issue execution on a judgment there entered and unsatis- ;;don,
fied, in the same manner and with the same effect as though he was
clerk of the court at the time the judgment was rendered.
§ 1414. A copy of a paper on file in the office of the clerk in Id. $64.
either of these courts, certified by him or his deputy as such, shall ºf
be prima facie evidence thereof. be evidence.
§ 1415. Sections eight to thirteen, inclusive, of the Code of Civil Id. #,
Procedure “Fº to these courts. Comp. 1343.
§ 1416. The following are the fees of these courts, when the jº, 25, $3.
plaintiff’s demand is less than fifty dollars: tºº
1. For all proceedings when the defendant does not answer, in- ;...t,
cluding judgment, transcript, and execution, one dollar and fifty cents. -
2. For all proceedings to and including the joining of issue, if
an order of arrest or warrant of attachment be issued, one dollar
and fifty cents. If there be no order of arrest 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, 1870, ch. 741, is
if there be one, two dollars and fifty cents. If there be no trial by
jury, two dollars.
6. For judgment upon the issue and any proceedings afterward,
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.
26
402 EXTRA COSTS IN DISTRICT COURTS.
1849, ch. 144,
§§11, 12, 13.
1875, ch. 344, $68,
as amended,
1864, ch. 308,
Comp. 1344,
Demands over
fifty dollars.
1857, ch, 295, $7,
Comp. 1307.
1870, ch. 741, $4.
Clerk's fees,
Co. Civ. Proc.
$2250.
Amount of
Cost8 ; how
collected.
1857, ch. 344, $69.
Comp. 1344.
Marshals' fees.
Id. §70,
Extra costs.
1853, ch. 617,
3, 4.
Co. Civ. Proc.
3285.
O8tS after
discontinuance
upon answer of
title.
8. For a transcript of the docket of judgment, six cents; for
certifying a copy of a paper on file in the clerk's office, ten cents for
each folio of one hundred words, except returns upon appeal.
9. All necessary disbursements paid by the party recovering
judgment.
§ 1417. When the plaintiff's demand is for fifty dollars or more,
at the time of issuing any summons, warrant of attachment, or order
of arrest, 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 com-
menced the plaintiff therein shall pay to the said clerk an additional
sum of three 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.
§ 1418. In summary proceedings to recover the possession of
lands, the fees of officers, except where a fee is specially given in
chapter twenty-one of the Code of Civil Procedure, must be at the
rate allowed by law in an action in said courts, and are limited in
like manner; unless the application is founded upon an allegation
of forcibly entry or forcible holding out; in which case the judge or
justice may award to the successful party a fixed sum as costs, not
exceeding fifty dollars, in addition to his disbursements. The final
Order awarding costs may be docketed, and an execution may be
issued to collect the costs awarded thereby, in like manner as if the
final order was a judgment, rendered in the court, of which the judge
is the presiding officer.
§ 1419. Marshals' 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.
§ 1420. When the plaintiff's demand is for the recovery of fifty
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 other fees. If judgment be given against
the plaintiff for any cause in any such action, after an appearance
by the defendant, the defendant shall recover seven dollars, where
judgment is rendered without a trial, and ten dollars where a trial
shall have been had, in addition to the other costs, but the plaintiff
shall not recover such costs unless judgment be rendered in his
favor for fifty dollars or more, nor shall either party be entitled to
such costs unless he has an attorney actually engaged in the
prosecution or defense of the action. Šaj. costs shall be entered
in the judgment, and belong to the party in whose favor the judg-
ment is entered.
§ 1421. Where an action brought in a district court has been
discontinued, as prescribed by law, upon the delivery of an answer,
showing that title to real property will come in question; and a
new action, for the same cause, has been commenced in the proper
court; the party, in whose favor final judgment is rendered in the
new action, is entitled to costs; except that, where final judgment
is rendered therein, in favor of the defendant, upon the trial of an
issue of fact, the plaintiff is entitled to costs, unless it is certified
that the title to real property came in question on the trial.
OLERRS OF DISTRICT COURTS. 403
§ 1422. Upon a recovery being had in an action brought upon a 1862, ch. 389, $2,
bastardy or abandonment bond, by the commissioners of charities º Fººt.
and correction or the overseers of the poor, in addition to the other "Y be allowed.
costs therein, the court shall make and the clerk shall enter in the
judgment an additional allowance of ten per cent. On the amount
recovered.
§ 1423. When the action is brought by virtue of the provisions 1870, ch.584,583,
of subdivision eleven of section twelve hundred and eighty-five of
this act, the plaintiff shall only be entitled to costs to an amount
equal to the amount of the recovery.
§ 1424. In an action brought to recover a sum of money for go.giv. Proc.
wages earned by a female employee, other than a domestic servant; ºon
or for material furnished by such an employee, in the course of ºing
her employment, or in or about the subject matter thereof, or for -
both, the plaintiff, if entitled to costs, recovers the sum of ten
dollars as costs, in addition to the costs allowed in a district court,
unless the amount of damages recovered is less than ten dollars; in
which case, the plaintiff recovers the sum of five dollars as such
additional costs. When the employee is the plaintiff in such an
action, she is entitled, upon a settlement thereof, to the full amount
of costs, which she would have recovered, if judgment had been
rendered in her favor, for the sum received by her upon the settle-
ment.
§ 1425. Whenever a justice of the court of common pleas shall 1s02, ch. 484, S7,
order the bond of a marshal to be prosecuted in any of the district ºf .
courts, the said justice upon said motion may award the aggrieved º Prº*
party his reasonable costs on such motion, not exceeding the sum e
of ten dollars, which shall be included in the judgment obtained
upon such bond.
§ 1426. The rules and regulations of the supreme court shall 1862, ch. 484, sa,
apply to the district courts, as far as the same can be made appli- i.
Rules, etc., of
cable, and such changes, alterations, and additions as shall be from ºurt
time to time made in and to said rules and regulations by said ºuts.
supreme court, shall affect the said 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 upon the said supreme court.
§ 1427. There shall be a clerk and an assistant clerk in each of Isis, ch. 43s,
the district courts, who shall be appointed by the justices of said tº as
courts respectively; they shall hold office for the term of six years from Čierks of dis.
the date of appointment. The said clerk and assistant clerk shall j. how
each receive a salary of three thousand dollars per annum. The $#... j
comptroller is authorized and directed to pay the salary of the ſº
clerks, in monthly installments, out of the city treasury. The clerk, tººls: to
the assistants, or deputy clerks, and all other attendants of said £º.not
courts, shall receive no fees or compensation for their own use to receive fees.
whatever, for any services by them performed by virtue of their
offices other than their salaries.
§ 1428. It shall be the duty of the clerk of each of these 1857, eh,344, S72,
Courts : Comp. 1344.
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 gertificate,
when required so to do.
2. To record the proceedings of the court.
Duties of clerks.
404 CLERKS OF DISTRICT COURTS.
Office hours.
Id. §73.
Comp. 1345.
Payment of fee8
into treasilry.
1876, ch. 335, $2,
CoImp. 1356.
1857, ch. 344, $74,
Comp. 1345.
Official bonds of
clerks.
Id. $75.
Oaths,
1853, ch. 529, $1.
1857, ch. 344, $65,
Comp. 1343.
1880, ch. 521, $2.
1866, ch. 745, $1,
Comp. 1359.
Appointment of
fºreer
Id. $3.
Salary of.
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 ...}. of the jury.
6. To authenticate by certificate or exemplification, as may be
required, the records or proceedings 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 title.
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, every
judicial day, from nine o'clock in the forenoon to four o'clock in the
afternoon.
§ 1429. It shall be the duty of the clerk of each of these courts
to collect and receive all the fees thereof, including the fees allowed
by law in summary proceedings to recover lands, and to account for
and pay the same into the city treasury monthly, under oath, on
the first day of each and every month, or within three days there-
after, 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.
§ 1430. Every clerk hereafter appointed shall, before he 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 indorsed 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
IOOO]].62W.
§ #31. The clerk of each of these courts is authorized to admin-
ister 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.
§ 1432. Each justice appoints the officers necessary to attend the
court. Such officers or attendants appointed before May twenty-
ninth, eighteen hundred and eighty, receive an annual salary of
twelve hundred dollars. Such officers or attendants appointed after
May twenty-ninth, eighteen hundred and eighty, receive an annual
salary of one thousand dollars.
§ 1433. The several justices of the district courts are authorized
and empowered to appoint an officer for each district court, who
shall be known and designated as district court interpreter, and who
shall hold office during the pleasure of the justice of the court to
which he is appointed. The interpreters shall each receive an annual
compensation of twelve hundred dollars.
APPEALS FROM DISTRICT COURTS. 405
§ 1434. The justices of the district courts are respectively
authorized to appoint a stenographer in their several courts, whose
duty it shall be to take full stenographic notes of all proceedings in
trials had therein; he shall hold his office during the pleasure of
the justice of the court, and shall receive a salary of two thousand
dollars per annum.
§ 1435. The justice of each district court is authorized and
empowered to appoint a janitor for such court, who shall hold
office during the pleasure of and be subject to the direction of the
justice of the court for which he is so appointed. He shall be paid
a yearly salary of nine hundred dollars.
jäg The city shall furnish at its expense rooms, furniture,
blanks, stationery, and fuel for these courts.
§ 1437. Words used in this title in the past or .." tense
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 title have the
signification attached to them in this section, 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 “marshal” signifies any person authorized to
perform the duties of a marshal.
5. The word “corporation * includes every association having
any corporate rights, whether created by special acts of legislature
or under general laws.
§ 1438. An appeal from a judgment may be taken in the cases
and in the manner prescribed in articles first and second of title
eighth of chapter nineteenth of the Code of Civil Procedure, with
respect to an appeal to a county court from a judgment rendered by
a justice of the peace, and not otherwise. Such an appeal must be
taken to the court of common pleas.
§ 1439. In all cases of appeal from the decision of a justice of
One of the district courts, where a transcript of the stenographer's
minutes of the testimony given on the trial becomes a necessary
part of the justice's return, the stenographer's fees for the making
of such transcript shall be computed at the rate of ten cents for
every one hundred words, and be paid in the first instance by
the appellant, and afterward be taxable by him as a disbursement
in the appeal.
tº § 1440. A transcript of the process, pleadings, and judgment
had before any of the said justices, of the execution issued thereon,
if any, and the return thereon, if any, when subscribed and certified
by the justice or clerk, and a certificate of the clerk of the city and
county of New York indorsed thereon or attached thereto, under
Co. Proc, $66,
a8 amended,
1870, ch. 741, $4.
Ju8tice to
appoint janitor.
1880, ch. 392, $1.
Salary.
1857, ch. 344, $65,
Comp. 1343.
Id. $80.
Comp. 1346.
Application of
words.
1874, ch. 504, §1,
Comp. 1359.
Stenographer's
fees.
1837, ch. 461, $1,
Comp. 1355.
Transcript of
process, etc.
certified, to be
evidence,
406 (JIRIMES AND MISDEMEANOIRS.
1851, ch. 415,
§: 2,
omp. 1488.
Nuisances near
boundary lines,
Record of con-
viction to be
filed,
4 R. S. ch. 2,
tit. 1, $22,
Comp, 112.
Jurisdiction of
criminal courts
in New York.
1883, ch. 17, $11,
Comp. 1408.
Punishment for
second offense.
Id, §12.
Ib.
1860, ch. 508, $18,
Comp. 1416.
Persons found
armed with
evident inten-
tion to commit
felony, guilty of
misdemeanor.
the seal of the court of common pleas of the said county, certifying
that the person subscribing such transcript was, at the date of such
judgment, such justice or clerk, shall be prima facie evidence in
any court of justice in this state to prove the facts contained in
such transcript, and no more.
Title 7.—Crimes and Criminal Procedure.
§ 1441. Whenever any nuisance shall be erected or continued on
or near the boundary lines of the counties of New York, West-
chester, 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.
The record of any conviction under this section 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.
§ 1442. The whole of the Hudson river southward of the
northern boundary of the city of New York, and the whole of the
bay between Staten Island and Long Island, shall so far be deemed
within the jurisdiction of the city and county of New York that all
offenses shall be cognizable in the courts of criminal jurisdiction
held in and for the said city and county.
§ 1443. If any person convicted of an offense, punishable by
imprisonment in a state prison, shall be discharged, either upon
being pardoned or upon the expiration of his sentence, and shall
subsequently be convicted in the said 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.
§ 1444. Every person having been convicted of petit larceny, 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 con-
victed in the said city of New York of petit larceny, or of any
attempt to commit an offense, which, if perpetrated, would be pun-
ishable 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.
§ 1445. If any person in said city and county shall be found by
night armed wº any dangerous or offensive weapon or instrument
whatsoever, with intent to break or enter into any dwelling-house
or other building whatsoever, and to commit any larceny or felony
therein, or with the intent to commit any larceny or felony; or if
any person shall be found, by night, having in his possession any
CIRIMES AND MISDEMEANOIRS. 407
pick-lock, key, crow, jack, bit, jimmy, nippers, pick, betty or other
implement of burglary with the intent aforesaid; or if * 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 com-
mit felony, every such offender shall be deemed guilty of a misde-
meanor. If any person shall commit any such offense after a pre- when deemed a
vious conviction, either for felony or petit larceny, or such misde-"
meanor as aforesaid, he shall be deemed guilty of felony, and may
be punished by imprisonment in a state prison not to exceed five
€8,TS.
§ 1446. Whenever any larceny shall be committed in said city and {..."; *
county, by stealing, taking and carrying away from the person of an- ;...,
other, the offender may be punished as for grand larceny, although grand larceny.
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.
§ 1447. Every person who shall lay hand upon the person of #3.
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 the 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.
§ 1448. Any person who shall drive or ride any horse through ſº sº,
any street, lane, alley or public place in the city of New York with #ºugh
greater speed than at the rate of five miles 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.
§ 1449. No person in charge of any cattle, sheep, pigs, swine or lºgº sº,
calves shall, if able to prevent it, permit any such cattle, sheep, gº *.*, not
pigs, swine or calves to pass upon or cross any sidewalks in said city, ...” “"“”
and any person violating any provision of this section shall be
deemed guilty of a misdemeanor, and on conviction be pun-
ished by a fine of not less than ten, nor more than fifty dollars,
or by imprisonment in the penitentiary for not more than thirty
days, or by both such fine and imprisonment.
§ 1450. Any person defacing or damaging public urinals main- º sº.
tained by the department of public works, or writing or posting pºisºde.
notices, figures or devices thereon, shall, on conviction before any ...”
police justice, be subject to a penalty of fifty dollars, or imprison-
ment for the term of three months in the penitentiary, in the discre-
tion of said justice.
§ 1451. Any person who shall, without having obtained a license, ºh, º,
as provided by law, carry on the business, or engage in the occupa- śing
tion of soliciting, upon any street, public highway, dock or pier, or ..."...'",
in any park or square in the city of New York, or upon any water docks, etc.,
408 DISORDERLY CONDUCT.
prohibited with-
out license.
1880, ch. 353, $4.
Licensed per-
8On 8 to wear
bad ge.
Id. §5.
Penalty for
false representa-
tion.
1880, ch. 353, $4.
1833, ch. 11, $13,
Comp. 1408.
Buying stolen
property,
Id. $7.
Comp. 1407.
Persons who
abandon their
wive:3 or
Children,
1860, Ch. 508, $3,
Comp. 1412.
Disorderly
persons.
Id. $4.
In cube of con-
viction.
9 Hun, 212,
adjacent thereto, over which said city has jurisdiction, patronage
for any hotel or inn, or passengers or patronage for any steamer,
steamboat, ship, vessel or railroad, or for any person or corporation
selling or º; for sale passage tickets, or contracting, or offer-
ing to contract, for passage in any such steamer, steamboat, ship,
vessel or railroad, shall be deemed guilty of a misdemeanor, and
shall be punished by imprisonment for not less than three months
nor exceeding one year.
§ 1452. Every licensed person, whenever employed in soliciting
passengers or patronage for steamers, steamboats, ships, vessels or
railroads, or patronage for hotels or inns, shall wear conspicuously
upon his coat a metal badge containing the number of his license,
said badge to be of such form and to bear such further inscription
as shall be prescribed by the mayor of the city. If he shall fail to
comply with the provisions of this section, he shall be liable to a
fine of not less than twenty-five dollars for each offense, and shall
also forfeit his license. No person not duly licensed as aforesaid
shall wear any such badge, or any badge purporting to be that of a
licensed runner or solicitor, under a penalty of twenty-five dollars
for each offense. *.
§ 1453. Whenever a conviction shall be had in any criminal
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 dis-
cretion 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.
§ 1454. All persons who may have actually abandoned their
wives or children in the city of New York, without adequate Sup-
port, or in danger of becoming a burden on 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.
§ 1455. Every person who shall threaten to abandon, or who
shall have actually abandoned his family, wife, or child in the city
of New York without adequate support, or in danger of becoming
a burden upon the public, or who may neglect to provide, according
to his means, for his family, or any member of said family, is hereby
declared a disorderly person.
§ 1456. In case of the conviction of any such person as a disor-
derly person, the magistrate convicting shall make an order speci-
fying a certain sum to be paid to the commissioners of charities
and correction of said city, weekly, for and toward 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 made in pursuance of this section, by the
magistrate convicting; except that the order shall be for the stated
DISORDERLY CONDUCT. 409
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.
§ 1457. No person who shall have been convicted as a disorderly
person, as aforesaid, and who shall have been committed to prison,
in pursuance of the provisions of the preceding section shall be
discharged therefrom without the written approval of the magis-
trate making the commitment; except he be discharged by a court
of competent jurisdiction, or other legal proceedings for that
urpose.
§ 1458. Every person in said city and county shall be deemed
guilty of disorderly conduct that tends to a breach of the peace, 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,
ferocious, or vicious dog.
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.
3. Every person who shall use any threatening, abusive, or
insulting behavior with intent to provoke a breach of the peace or
whereby a breach of the peace may be occasioned.
§ 1459. Whenever it shall appear, on oath of a credible witness
before any police justice in said city and county, that any person in
said city and county has been guilty of any such disorderly conduct
as in the opinion of such magistrate tends to a breach of the peace,
the said magistrate may cause the person so complained of to be
brought before him to answer the said charge.
§ 1460. It shall and may be lawful for the recorder or either of
the police justices to discharge any disorderly person, on his or her
entering into a bond or recognizance, with such security and to such
an amount as may be deemed proper (but if not thought necessary
may be 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. All
such bonds or recognizances entered into as aforesaid shall be
lodged in the office of the clerk of the said city of New York, and
On a breach of the condition thereof it shall be lawful to sue and
recover on any such bond or recognizance in any court having
Cognizance thereof.
Id. $5.
How discharged
1860, ch. 508, $20,
Comp. 1416.
What deemed
disorderly
conduct.
TJnmuzzled,
vicious dogs.
Pro8titute8.
Threatening or
insulting
behavior
Id. $25.
Comp. 1417.
Arrest of dis-
orderly persons.
1813, %. 86,
Comp. 1426.
Disorderly
ersons, how
ischarged.
Bonda or
recognizances.
§ 1461. In all complaints before any magistrate in the city of 1888.ch 11, S3,
New York, for disorderly conduct, it shall be lawful for such magis-
trate, 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 testi-
mony, to give sufficient surety or sureties, for his or her good
behavior, for any term not exceeding twelve months, and the magis-
trate who may have required such surety or sureties may, in his
discretion, at any time discharge the same.
§ 1462. Any person convicted as a disorderly person must be
committed by the magistrate to the city prison or penitentiary for
Comp. 1407.
Surety for good
behavior.
1881, ch. 442,
§§903, 911.
410 WAGIRANTS, JETC.
1833, ch. 11, $18,
Comp, 1409.
Children
abandoned by
parents.
1881,ch.442, $898.
1838, ch. 11, $1,
Comp. 1406.
Persons who
shall be deemed
Vagrants.
Id. §§2, 3.
Examination.
Committed to
alms-house or
penitentiary.
1867, ch. 409, $1,
Comp. 1411.
When females
may be Hent to
House of Mercy,
etC,
not exceeding six months at hard labor, or until he give the security
required by law, or either.
§ 1463. If any child shall be found in a state of want and suf-
fering, or being abandoned or improperly exposed, or neglected by
its parents, or such other person as may have it in charge, or beg-
ging for alms, or soliciting charity from door to door, or in any
street, highway, or public place within the city, the recorder or any
police justice shall, on complaint and competent proof thereof, com-
mit such child to the alms-house or other place provided for the
support of the poor, to be kept employed and instructed in useful
labor, until discharged by the commissioners of charities and cor-
rection, or until bound out by said commissioners as an apprentice
by them ; and the aforesaid provisions shall extend to the children
of all such persons as may be convicted of being common prosti-
tutes, or keepers of bawdy-houses, or houses for the resort of com-
mon prostitutes.
§ 1464. All persons who, being habitual drunkards, are desti-
tute and without visible means of support, or who, being such
habitual drunkards, shall abandon, neglect, or refuse to aid in the
support of their families, who may be complained of by such fam-
ilies; 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 alº and begging, or who go about from
door to door, or place themselves in the streets, highways, passages,
or other public places, to beg or receive alms, within the said city,
shall be dº vagrants.
§ 1465. It shall be the duty of every peace officer, whenever
required by any person, to carry, convey, or conduct such vagrant
before the recorder or one of the police justices, for the purpose of
examination. If such magistrate be satisfied by the confession of
the offender or competent testimony, that such person is a vagrant
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 potorious offender, and he be a proper
object for such relief, to the alms-house 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.
§ 1466. Whenever any female between i. ages of fourteen and
twenty-one years shall be brought by the police, or shall volun-
tarily appear before a committing magistrate in the city of New
York, charged with being a prostitute, or admitting herself to be
such, and professing a desire to reform, and it shall appear that
such female has never been an inmate of the penitentiary, such
magistrate shall make an order, that in lieu of being committed to
the work-house or penitentiary, the said female shall be removed
to and detained in one of the following institutions, viz.: The
IRECOGNIZANCES. 411
Trotestant Episcopal House of Mercy, New York; the Roman
Catholic House of the Good Shepherd, foot of Eighty-ninth street;
or the Magdalen Female Benevolent Asylum and #. of Fallen
Women, provided that the magistrate shall designate in such order
as the place of detention such one of the institutions above named
as may be selected by the person so committed, unless notice shall
have tº receiyed from such institution that there is not room for
the reception of further inmates.
§ 1467. In cases of offenses committed in the city and county of
New York upon persons being, at the time of the offense com-
mitted, in the said city and county, and being non-residents 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 prop-
erty, the district attorney may apply to any judge of said city and
county, possessing the powers of the Supreme or superior court or
court of common pleas, 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 to the accused. The
district attorney shall serve upon the accused the notice so directed
by such judge, the witness shall be examined in the presence of the
accused, his direct and cross-examinations shall be reduced to writ-
ing 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, were he personally present upon the trial
of the accused ; all questions may be raised as 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.
§ 1468. The examination of a non-resident witness, or a witness
about to depart beyond the jurisdiction of the court, may, on the
application of the 㺠attorney, or the party accused, upon his
giving notice to the district attorney, be taken in the manner pro-
vided in the last section. -
§ 1469. In all cases in which, by the provision of titles first 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 suffi-
cient surety or sureties, to keep the peace 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 per-
son until the same may be entered into, and the magistrate who
may have required such sureties may, in his discretion, at any time
discharge the same.
§ 1470. Every recognizance taken by any court, or by any magis-
trate, coroner, or other officer, to appear and answer at any court,
1844, ch. 315,
art. 4, $11,
Comp. 1431.
Provisjon in
case of offenses
committed
against non-
residents.
Notice to be
Served on
accused.
1846, ch. 302, $9,
art. 3,
Comp. 1432.
Witnesses.
1833, ch. 11, §6,
Comp. 1407.
Recognizances
to keep the
peace.
1861, ch. 833, $2,
Comp. 1428.
412 RECOGNIZANCIES.
Filing
recognizances.
1860, ch. 508, $16,
Comp. 1415.
Costs, by whom
paid.
When, and to
whom paid.
Moneys to be
aid into
reasury.
1860, ch. 508, $1,
Comp. 1412.
Recognizances
to keep the
peace.
When
recognizance
has been
violated,
Forfeiture,
1860, ch. 508, $13,
Comp. 1415.
Fines, where
paid.
1860, ch. 508, $7,
Comp. 1418.
Breach of
recognizance.
and the complaint, inquisition, affidavits, and other papers upon
which such recognizance is founded, shall be filed in the office of
the clerk of the court at which the party is thereby recognized to
appear, within ten days after the same is so taken. *
§ 1471. Whenever a recognizance to keep the peace or to be of
good behavior shall be ordered by any magistrate or court in said
city and county, the said magistrate or court may require the per-
son so Ordered to enter into such recognizance, to pay one dollar
as the costs of such proceeding, and in default of payment thereof,
may commit the person so ordered to prison until the same be paid,
for a period not to exceed one day. All 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 dis-
trict in which such costs shall have been levied. All moneys so
collected shall be paid over to the city treasury, in like manner and
for a like purpose as other costs, fees, fines, or emoluments are now
directed by law to be paid by such clerks.
§ 1472. Every recognizance to keep the peace, or to be of good
behavior, or for both (except such recognizances for good behavior
as shall be taken on conviction of disorderly persons, and such recog-
nizances 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 special sessions; and whenever it
shall appear that any such recognizance has been violated, it shall
be the duty of the district attorney in said county to move before the
said court of special sessions for the forfeiture of the recognizance.
The said court of special sessions may, upon proof of the violation
of any such recognizance, direct the same to be 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 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.
§ 1473. Whenever any recognizance to keep the peace, or 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 author-
ized to inflict for disorderly conduct tending to a breach of the
peace, shall be paid for the use of the city of New York. And all
fines so paid into any police court of said city, or into the court of
special sessions aforesaid, shall be paid into the city treasury under
like provisions as exist for the payment of fines collected in either
of said courts for the use of said city.
§ 1474. Whenever complaint on oath or in writing shall be made
before any one of the 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 section fourteen hundred
and seventy-two, the said justice may issue his warrant for the
PROSECUTION OF RECOGNIZANCES. 413
arrest of said persons so complained of; and upon said person being
brought before him, the said justice shall proceed in the same man-
ner, as far as practicable, as is prescribed by law for the prosecu-
tion, examination, discharge, committal, or biº. of persons charged
with misdemeanors before police justices in said city. In case the
erson so complained of cannot be found within thirty days it shall
i. the duty of said police justice to return said complaint to said
court of special sessions in the same manner as complaints for mis-
demeanors are returned, with his certificate of the fact ; and the
said court of special sessions shall proceed thereupon as provided
in sections fourteen hundred and seventy-five, fourteen hundred and
seventy-seven and fourteen hundred and seventy-eight.
§ 1475. Upon such complaint, mentioned in the preceding
section, 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 pro-
nounce such judgment, and that the recognizance be forfeited as
aforesaid.
§ 1476. The recognizance taken from any person so complained
of, in pursuance of the provisions of the last section but one, shall
be exclusively for appearance at the court of special sessions afore-
said, and it may, as well as any other recognizance which the said
justices may be authorized to take for the 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 recog-
nizance, that in the meantime and until such recognizance shall
have been discharged, the said person so recognized shall keep the
peace or be of good behavior, or both, toward 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 section
fourteen hundred and seventy-two for the forfeiture and prosecution
of recognizances by the court of special sessions and district
attorney aforesaid.
§ 1477. Whenever it shall appear to the said court of special
sessions that any breach of the conditions of any recognizance has
been made, the forfeiture and prosecution of which is provided
for in sections fourteen hundred and seventy-two, or fourteen
hundred and seventy-six, the said court shall have power to cause
the 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.
§ 1478. Whenever any person shall have been recognized to
appear at the said court of special sessions, and shall have appeared
as bound by such recognizance, and said court shall 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
1881,ch. 442,S595.
1860, ch. 508, $8,
gº 1414.
Court of special
sessions to ex-
amine into.
Id. $9.
Recognizance
for appearance.
Id. §10.
Breach of
conditions.
Id. §11.
Further
recognizance.
414 PROSECUTION OF RECOGNIZANCES.
Act to apply in
other cases.
1860, ch. 508, $14,
Comp. 1415.
Prosecution of
recognizances.
1844, ch. 315,
art. 4. $8,
Comp. 1426.
Recognizances
when forfeited,
where filed.
3 Daly, 365;
89 N. Y. 83 ;
7 Hun, 235.
See 1861, ch. 333,
$3, Comp. 1428.
1844, ch. 315, $9,
Comp. 1426.
Costs and fees.
1876, ch. 316, $1,
Comp. 1429.
Vacation of
judgment on
forfeited
recognizanceg.
1878, ch. 379, §1,
as amended,
of the case 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, toward the
people of the State of New York for a period not to exceed one
year ; and in default thereof, commit said principal to prison till he
be discharged therefrom according to law. The provisions of this
section shall also apply, as far as practicable, to any person who
shall come before said court, with or without process, for any mis-
demeanor or misconduct whatever.
§ 1479. All provisions of law in relation to the prosecution of
recognizances for appearance of persons charged with crimes and
misdemeanors in said city, after forfeiture, shall, as far as prac-
ticable, apply to the prosecution of any recognizance provided for
by section fourteen hundred and seventy-four.
§ 1480. All recognizances given to answer to a charge preferred,
or for good behavior, or to appear and testify in all cases cognizable
before any court of criminal jurisdiction, on being forfeited, 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 judg-
ments, 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, from 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 recov-
ered 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.
§ 1481. All the costs and fees to be charged for entering such
judgment and filing the necessary papers, shall be the usual fees
to the clerk for filing papers and entering judgments; the district
attorney shall receive no fee or compensation for his services
in the matter, his salary being deemed compensation for all such
SeTVICeS.
§ 1482. The court of common pleas, upon the certificate of the
district attorney that the people of the state of New York have lost
no rights by reason of the failure of a surety to produce a principal
in compliance with the terms of a recognizance given by them, and
that by reason of the principal being produced the said people of
the said state of New York are in as good a position to prosecute
said principal as when such failure occurred, may, upon such terms
as are just, by order, vacate and set aside any judgment heretofore
entered, or that may be hereafter entered, upon the forfeiture of
such recognizance against such principal or surety, or either of
them, on payment to the chamberlain of all costs included in such
judgment, and of all expenses incurred in the apprehension or
recapture of such principal.
§ 1483. Any one of the judges presiding at the court of general
sessions of the peace in and for the city and county of New York,
No FEES TO BE RECEIVED FOR ARRESTs, ETC. 415
and any justice presiding at court of oyer and terminer in said ºff, s,
& g & & Omp. 1430.
county in whichever court any recognizances shall be forfeited may, whº
upon the certificate of the district attorney that the people of the #:...
State of New York have lost no rights by reason of the failure of a jºy
surety to produce a principal in compliance with the terms of a ſº
recognizance given by them, and that by reason of the principal
being produced the said people of the state of New York are in as
good a position to prosecute, said principal as when such failure
occurred, whether such principal has been tried or whether a nolle
prosequi has been entered or not, by order vacate and set aside or
modify any judgment heretofore entered or that may be hereafter
entered upon the forfeiture of such recognizance against such prin-
cipal and Surety, or against either, and as to either, on payment to
the chamberlain of all costs included in such judgment or judg-
ments, and of all expenses incurred in the apprehension or recap-
ture of such principal, and if such fine shall have been paid or
judgment collected, in whole or in part, upon such forfeited recog-
nizance, the court may, in its discretion, direct the same or any
part thereof to be remitted, and the Officer, district attorney, or Repayment of
chamberlain, in whose hands the money remains, must pay the same *
or the part remitted, according to the order, retaining the costs, if
any, as aforesaid.
§ 1484. The clerk of the county where said judgment is docketed, Id. $2.
upon the receipt of a duly certified copy of the order of such court ...**
vacating, remitting, or modifying such judgment, shall enter the
same upon his docket, and the judgment referred to in said order
shall thereupon be and become vacated, remitted, or modified in
accordance with the terms of said order.
§ 1485. Whenever any magistrate in said city and county shall 1860, ch.508, sig,
make an order requiring any person to enter into a recognizance ; may
for his appearance at any court in said city and county, the said letto bail.
magistrate may authorize any other º 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.
§ 1486. The police justices shall respectively have power to let 1833, ch. 11, sº,
to bail, before indictment, in all cases where a judge of the court of § *olic,
general sessions in the said city is authorized by law to let to bail, justices.
§ 1487. No officer, other than the committing magistrate, shall 1846, ch. 302,
lot to bail any person charged with a criminal offense, unless notice śs.
of the application to bail such person shall have been given to the flºom
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.
§ 1488. There shall be no costs or fees charged or received upon 1844, ch, 315, $4,
any proceeding upon writs of habeas corpus, either by the judge ;...
granting them, or by the officer serving them, or the jailer obeyin g
their orders; and the judge before whom the matter shall be heard
416 WARRANTS OF ARREST.
Bail.
1846, ch. 302,
Provisions , , ,
respecting bail.
1861, ch. 333, $1,
Comp. 1428.
When fine8 re-
duced or re-
mitted.
59 N. Y. 83.
1873, ch. 335, $6,
Comp. 63.
1814, ch. 176, $2,
Comp. 1435.
Keepers of the
enítentiary and
jail to receive
prisoners, etc.
1881, ch,442,9155.
1881, ch. 442,
$$193,212, 214,
477, 576.
1881,ch.676, §701.
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 vio-
lating the provisions of this section shall be guilty of a misde-
meanor, and shall be subject to the pains and penalties for such
offense.
§ 1489. No officer authorized to let to bail a person charged
with any criminal offense shall accept as bail any member of 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
S6SSIOIOS.
§ 1490. No fine imposed by any court, for any criminal offense,
shall be remitted or reduced, except upon an application made in
open court, and upon proof that two days' notice in writing of such
application, and copies of the papers upon which the same is
founded, have been served upon the district attorney of the county
in which the conviction was had, and by an order of the court,
entered by the clerk thereof in its minutes.
§ 1491. No fees or compensation shall be charged or received
by any magistrate, clerk, officer, or policeman 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, sub-
poena, or other process, or for the taking of a complaint, bail, or
affidavit, except as otherwise specially 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.
§ 1492. No alderman shall sit or act as a magistrate in any
judicial matter or proceeding.
§ 1493. All commitments of offenders other than to the peni-
tentiary or state prison, shall be to “the keeper of the city prison
of the city of New York.” The keeper of the penitentiary and the
keeper of the city prison shall keep 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 their respective counties, the criminals committed to
them.
§ 1494. Every warrant of arrest issued by a judge of the superior
court or court of common pleas may be directed generally to any
sheriff, constable, marshal, or policeman in the state, and may be
executed by any of these officers to whom it may be delivered.
§ 1495. The commitment for examination on a warrant of arrest,
and the commitment pending the procuring of bail shall be to the
keeper of the city prison of the city of New York. Bench warrants
shall require the diº, of the defendant to the said keeper of the
city prison. The order for discharge upon bail must be directed
to the said keeper.
§ 1496. When a person under the age of sixteen years is sen-
THE DISTRICT ATTORNEY. 4.17
tenced to the house of refuge, it must be to the house of refuge
established by the society for the reformation of juvenile delin-
quents in the city of New York.
§ 1497. A search warrant must be executed and returned to the within what
magistrate by whom it was issued, within five days after its date. #ºnt.
After the expiration of such time the warrant, unless executed, is “”.
void.
§ 1498. The warrant for the committal of the father of a bastard 131,ch. º,
must direct his committal to the city prison. The warrant for the $$852, 856, 867.
committal of the mother of a bastard, or a woman pregnant of a
child likely to be born such, who refuses to disclose the name of
the father must direct her committal to the city prison.
§ 1499. Warrants for the committal of vagrants, who are im- Id. $802.
proper persons to be committed to the alms-house, must be for
their committal to the city prison or penitentiary.
§ 1500. An apprentice or servant, committed according to law, Id $930.
must be committed to the city prison.
§ 1501. Undertakings given by persons charged with being dis- * *
orderly persons may be prosecuted in the name of the mayor,
aldermen and commonalty, and the amount collected shall be paid
into the city treasury for the benefit of the poor.
§ 1502. Undertakings to obey an order in relation to the support id $89,885.
of a bastard, or of a child likely to be born a bastard, or of its
mother, may be prosecuted in the name of the mayor, aldermen
and commonalty, and costs may be recovered against the city in the
same manner as in any other action.
Title 8.—The District Attorney.
§ 1503. The district attorney shall receive for his services as 1875, ch. 430, $1,
such district attorney, a yearly salary of twelve thousand dollars, §º, si,
which shall be paid in equal monthly payments. There shall be jº, sº
four assistant district attorneys for said, county, who shall each ºf .
receive a yearly salary of seven thousand five hundred dollars. The jºiº. $2,
office is so far local as to require the residence of the district łº #" 5,
attorney within the city. Pºiº
§ 1504. All fees which are by any law of this state allowed to or Nimber of
receivable by the clerk of the court of oyer and terminer and of the #: #.
court of general sessions, shall continue to be collected and received 1823, chº, $2.
by the said officer for the use of the mayor, aldermen, and common-iº"
alty, and said officer shall use his best endeavors to collect, or *P* *
cause to be collected, all the fees incident to his office, and shall,
at least once in every three months, render a just and true account,
under oath, to the comptroller of the said city, of all such fees so
collected and received by him up to the time of the exhibition of
the said account, and shall forthwith pay over the amount of the
moneys so received to the chamberlain of the said city.
§ 1505. It shall be the duty of the district attorney to aid and Id, $4.
assist the clerk of the court of oyer and terminer and of the general iºde *
sessions of the peace, in the collection of such fees of his office as . . tes,
cannot be collected without legal assistance, and all fees of the of clerk.
Said clerk collected by the district attorney, shall be accounted for
by him, under oath, at least once in every three months, to the
27
418 COURT OF OYER AND TERMINIER.
comptroller, in his regular quarterly accounts, and he shall also,
immediately after such accounting, pay over the amount thereof to
the chamberlain of the said city.
Title 9.—The Court of Oyer and Terminer.
1888, ch, 297, §1, § 1506. It shall and may be lawful for the board of aldermen to
gº; assign such place in the said city as may to them seem most con-
{jº, ducive to the public convenience for the holding of the court of
§whereto oyer and terminer, and jail delivery, to be held in and for the said
& city and county ; but any alteration of the place of holding such
court 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.
1881, ch. 442, $22. § 1507. The court of oyer and terminer has jurisdiction to try
any indictment found in the court of general sessions which has
been sent by order of said court of general sessions, to and received
by the court of oyer and terminer, if in the opinion of that court
it is proper to be tried therein. The court of oyer and terminer
has jurisdiction by an order entered in its minutes to send to the
court of general sessions any indictment found in the court of oyer
and terminer for a crime triable at the court of general sessions.
1857, ch. 446, $48, § 1508. Courts of oyer and terminer in and for the city and
§º county of New York may be held by a justice of the supreme court;
and when so held all the powers and jurisdiction appertaining by
law to said court shall be possessed and exercised by the officer
holding the same.
1855, ch. 337, $7, § 1509. All fines imposed by the court of oyer and terminer,
Comp. 1889. except as in this act otherwise provided, 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
court, and by him accounted for to the chamberlain, with a state-
ment under oath. -
1830, ch, 42, $3, § 1510. The clerk of the court of oyer and terminer and general
gº; sessions of the peace in and for the city and county of New
tºppoint York, may appoint some proper person as deputy, to hold.his office
§ºch. 307, 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 constitution of this
state, and as often as such deputy shall die, resign, or be removed
from office, or become incapable of executing the duties of the Office,
another may be appointed in his place. Every such appointment
shall be in writing, under the hand of the clerk, and shall be filed
in his office. -
4 A. S., ch. 2, § 1511. The clerk of the court of oyer and terminer shall, with-
tit. 4, $62, out requiring any fees, on the application of any person indicted
in said court, issue subpoenas as well during the sitting of the court
as in vacation, for such witnesses as defendant shall require, resid-
ing in or out of the county, which shall be made returnable at any
JUDGES OF GENERAL SESSIONS. 419
day of the sitting of the court at which the attendance of the witness Comp. 1890.
shall be required.
§ 1512. The judge presiding at a term of the court of oyer and ºgiv. Proc.
terminer must designate a stenographer of the Supreme court to ºp. 2035.
act as stenographer for that term during its sitting, who is not ****
entitled to any compensation, in addition to his salary, except that
if a copy of any proceedings, written out at length from the steno-
raphic notes, is required for the use of the presiding judge or the
#. attorney, the Stenographer's fees therefor are payable, on
his certificate, as a county charge.
§ 1513. The clerk, and deputy clerk of the court of oyer and gº º
terminer shall each be paid the sum of two thousand dollars per Šalº of clerk
annum for services as such clerk and deputy. The office of clerk #º5,
of the court of oyer and terminer and general sessions is so far áº.
local as to require the residence of every person holding such office
within the city.
Title 10. –The Court of General Sessions and its Judges and Officers.
§ 1514. The court of general sessions of the city and county of 1881, ch. 442,
New York is a court of sessions and has original jurisdiction of fººtion.
criminal actions. It has jurisdiction :
1. To try, determine and punish, according to law, all crimes,
including crimes punishable with death or imprisonment in the state
prison for life; -
2. To exercise, in cases arising in the city and county of New
York, the same powers as are conferred by statute upon courts of
sessions in other counties;
3. To try and determine any indictment found in the court of
oyer and terminer of the city and county of New York, which has
been sent by order of the court of oyer and terminer to and received
by the court of general sessions; and,
4. To exercise such powers as are now defined by special statute
relating thereto.
§ 1515. The court of general sessions of the city and county of #.
New York is divided into three parts. tºon •
§ 1516. Any one of the three parts of the court of general sessions Id, sº.
of the city . county of New York may be held by the recorder of ; * *
the city of New York, or the city judge, or the judge of the court of
general sessions. A judge of the court of common pleas for the
city and county of New York may also hold it.
§ 1517. Each part of the court of general sessions in and for Id, $54.
the city and county of New York, may be held each month, com- ºi....”
mencing on the first Monday and continuing so long as, in the ºil,
opinion of the judge sitting, and of the district attorney, the public jºch. 3,
º - • • e Comp. 1391.
interest requires, but one part only is required to be held during the ºtho
months of July and August, and two parts only during the rest of ...”
the year. The court of general sessions is empowered to extend adjournments.
any of its terms, and to make successive extensions of any such
term, and to make any adjournments of the said court, within its
discretion, by any order or orders to said effect duly entered in its
minutes.
§ 1518. It shall be the duty of the commissioner of public works §º sº.
420 JUDGES OF GENE1RAL STESSIONS.
Accommoda-
tions for hold-
ing court.
1881, ch. 442, $55.
1847, ch. 488. §1,
Comp. 1384.
Recorder, when
and how elected
See 1875, chs.
480, 259.
1875, ch. 259, $2,
Comp. 1387.
1847, ch. 488, $3,
Comp. 1385.
Successor.
Provision in
case of vacancy.
1881, ch.442,5147.
1857, ch. 446, $48,
Comp. 1384,
1875, ch. 480, $1,
Comp. 1386.
1872, ch. 367, §3,
Comp. 1388.
1850, ch. 205, $1,
Comp. 1385.
City judge to be
elected.
1875, ch. 259. §2,
Comp. 1378.
Mode of
election.
Successor.
1850, ch. 205, §6,
Comp. 1386.
1857, ch. 446, $48,
Comp. 1384.
IIis powcrg.
36 N. Y. 670.
1882, ch. 442,5147.
1850, ch. 205, $3,
Comp. 1386.
Co. Civ. Proc.
$2234.
1875, ch. 480, $1,
Comp. 1386.
1872, ch, 367, $3,
Comp. 1388.
to supply fit and proper accommodations for the holding of said
court, such as may be approved by the court ; and the said court
of general sessions shall have the same powers to direct suitable
provision to be made for its accommodation as those possessed by
the supreme court. .
§ 1519. There shall be elected at the general annual election in and
for the city and county of New York, held in the month of November,
in the year eighteen hundred and ninety-four, and in every four-
teenth year thereafter, in the same manner that other county officers
of said city and county are elected, a recorder for said city and
county, who shall hold his office for the term of fourteen years from
the first day of January next after said election ; on which day he
shall enter upon the discharge of the duties of his office. All laws
relating to general elections shall be deemed to apply to the elec-
tions authorized by this section, so far as the same are applicable
thereto. In case a vacancy shall occur in the office of recorder, by
death, resignation or otherwise, before or after said date, the board
of aldermen are authorized to fill such vacancy. At the general
election next ensuing the happening of such vacancy, an election
shall be had for the full term.
§ 1520. The recorder is a magistrate. His salary shall be twelve
thousand dollars a year, which shall be paid in equal monthly pay-
ments, and he shall not be allowed any other compensation for
holding any other court or for acting in dispossession or other
judicial proceedings appertaining to his office.
§ 1521. There shall be elected in the city and county of New
York, at the general election held in the month of November, in the
year eighteen hundred and ninety-two, and every fourteenth year
thereafter, a judicial officer, to be designated as the city judge, who
shall enter upon the duties of his office on the first day of January
next after his election, and hold his office for the term of fourteen
years. All laws relating to general elections shall be deemed to
apply to the elections authorized by this section, so far as the same
are applicable thereto. Such elections 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 in the office of city judge by death, resignation, or otherwise,
before or after said date, 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 fourteen
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. In
case of a vacancy the powers conferred upon the city judge may be
exercised by any of the judges of the court of common pleas. The
city judge is a magistrate. All judicial powers wested in the recorder
of the city of New York are conferred upon such city judge, and he
shall, concurrently with said recorder, perform and disclarge all
judicial duties imposed upon such recorder. He shall have juris-
diction of proceedings for the removal of persons from real property
where the property or any portion thereof is situated in said city.
He shall receive for his services as such city judge a yearly salary
of twelve thousand dollars, which shall be paid in equal monthly
JUDGES OF GENERAL SESSIONS. 421
installments. No other compensation shall be allowed to him for
holding any other court or for acting in dispossession or other
judicial proceedings appertaining to his office.
§ 1522. The city judge shall have an office to be provided and office for
properly furnished by the city of New York, and shall attend gº $4,
thereat at all reasonable hours for the transaction of business,
except when engaged in holding court.
§ 1523. There shall be elected at the general election in November, 1975, ch. 950, st,
eighteen hundred and eighty-one, on the expiration of the present ...”
term of office, and in every fourteenth year thereafter, a judge of jºurt
the court of general sessions of the peace, and who shall be designated º'
“the judge of the court of general sessions,” and who shall have the
same power, authority, duties, and privileges in all respects as the
city judge of said city. He is a magistrate. He shall have juris- 1881.ch. 42,817.
diction of proceedings for the removal of persons from real property, ..." "
where the property or any portion thereof is situated in the city. Hºa, º, a
The judge of the court of general sessions shall hold office for the ºiás. º
term of fourteen years, to begin upon the first day of January next §"; $3,
following his election. He shall receive for his services as such §º.
judge of the court of general sessions a yearly salary of twelve s & v & " "sº s
thousand dollars, which shall be paid in equal monthly install-
ments. No other compensation shall be allowed to him for holding
any other court or for acting in dispossession or other judicial pro-
ceedings appertaining to his office.
§ 1524. He shall have an office to be provided and properly 1s50, ch, 905, S4,
furnished by the board of aldermen, and shall attend thereat at all 9” ”
reasonable hours for the transaction of business, except when en-
gaged in holding court.
§ 1525. Any judge of the court of common pleas is authorized 1870, ch. :54, $1,
and empowered to hold any terms or sessions of the court of gen- * *
eral sessions in and for the city and county of New York, in the place
of the recorder or city judge, during the temporary disability or
absence of said recorder or city judge.
§ 1526. An application for an order for the examination or com- 1881,ch. 12s641,
mission of a material witness for a defendant when the indictment
is pending in the court of general sessions may be made in the
cases provided by law to the recorder, or city judge, or judge of
º sessions, or one of the judges of the court of common
pleas.
§ 1527. An order for the examination of a witness conditionally Id. §§24.
made on the application of a defendant held to answer a charge of
crime, as required by law, may be made when the indictment is
pending in the court of general sessions by the recorder, city judge,
judge of general sessions, or one of the judges of the court of com-
mon pleas.
§ 1528. The recorder or city judge, or judge of the general ses- 'hº.
sions, upon an affidavit of the prosecutor or district attorney, or of the ºved
defendant or his counsel, stating that he believes that the evidence ºr
of the witness is material, and his attendance necessary, shall in-yº”
dorse on the subpoena an order for the attendance of a witness re-tºº".”
siding or served with the subpoena out of the county.
§ 1529. The recorder, city judge, and judge of the court of gen- Id, S55.
eral sessions, must appoint a clerk, and not more than four deputy ...'"
clerks, two interpreters, and two stenographers. The clerk and
422 CLERK OF GENERAL SESSIONS.
1830, ch. 42, $3,
Comp. 1303,
Clerk of the
court to appoint
a deputy.
1874, ch. 90, §ſ,
Comp. 1394.
1869, ch. 599, $1,
Comp, 1394.
1865, ch. 199, $1,
Comp. 1395.
See 1874, ch. 556;
1876, ch. 409,
Comp. 1396.
Salaries.
1872, ch. 485, $3,
Comp. 1392,
4 R. S., ch. 2,
tit. 4, §62,
Comp. 1390.
Clerk to issu;o
subpoenas.
1872, ch. 438, $2,
Comp. 1992.
1880, ch. 521, $2.
Court officers,
how appointed.
Salmries, how
fixed nnd paid.
How removed.
1855, ch. 337, §2,
Comp. 1389.
Application of
Jaw 8.
deputy clerks so appointed must also act as clerks and deputy
clerks of the court of oyer and terminer.
§ 1530. The deputy clerk of the court of general sessions shall
hold his office during the pleasure of the clerk; 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, the deputy may perform all the duties required by law to be
done by such clerk. He shall, before he enters on the duties of his
office, take the oath of office prescribed in the constitution of this
state, and as often as such deputy shall die, resign, or be removed
from office, or become incapable of executing the duties of the office,
another may be appointed in his place. Every such appointment
shall be in writing under the hand of the clerk, and shall be filed in
his office.
§ 1531. The clerk of the court of general sessions shall receive
a salary of five thousand dollars per annum for his services as such,
and the deputy clerk shall receive a salary of three thousand dol-
lars per annum, and the assistant clerk, appointed by the clerk, shall
receive a salary of three thousand dollars per annum, and the
comptroller of the city is authorized and directed to pay such clerk,
deputy clerk, and assistant clerk such salaries in monthly install-
ments out of the county treasury. One of the deputy clerks,
appointed by said court, shall receive an annual salary of twenty-
five hundred dollars; the stenographer shall receive an annual
salary of two thousand dollars, and one of the deputy clerks
appointed by said court shall each receive an annual salary of
twelve hundred dollars. The interpreters shall receive annual
salaries of twenty-five hundred and twelve hundred dollars respec-
tively. .
§ 1532. Neither the clerk, the assistants, nor deputy clerks, nor
any other attendant of said court, shall receive any fees or compen-
sation for their own use whatever, for any services by them per-
formed by virtue of their offices, other than their salaries.
§ 1533. The clerk of the court of general sessions shall, without
requiring any fees, on the application of any person indicted in
such court, issue subpoenas, as well during the sitting of the court
as in vacation, for such witnesses as defendant shall require resid-
ing in or out of the county, which shall be made returnable at any
day of the sitting of the court at which the attention of the wit-
nešs shall be required.
§ 1534. The judges of the court of general sessions shall ap-
point such officers to attend said court as to the judges of said
court shall appear to be necessary; the salaries shall be paid out
of the city treasury, in monthly installments; but the salary of each
officer or attendant shall in no case exceed twelve hundred dollars
per annum, and the salary of each officer or attendant appointed
after May twenty-ninth, eighteen hundred and eighty, shall be one
thousand dollars. Such officers may be removed by the court, but
their successors shall be appointed by the judges of the court; pro-
vided, however, that no other officers or clerks shall be appointed
by said judges than is by law provided for.
§ 1535. All the provisions of law whatsoever in force on April
twelfth, eighteen hundred and fifty-five, relating to courts of oyer
and terminer, regarding trials of indictments for capital offenses
POWERS OF COURT OF GENERAL SESSIONS. 423
and for offenses punishable by imprisonment in the state prison for
life, and regarding sentences thereupon, and writs of error, bills of
exceptions, certioraris, and writs of habeas corpus arising upon
trials of such indictments, are hereby applied to the said court of
general sessions except as modified by acts passed after said date.
$ 1536. Every conviction for a capital offense, or for one punish- ſº
able as a minimum punishment by imprisonment in state prison for tº $1.
life, shall be brought before the supreme court and court of appeals ##"...#
from the said court of general sessions 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.
§ 1537. The court of general sessions shall have power at all gº
times to make rules and regulations for its government and conduct, *Hºoe.
and to enforce the same by imprisonment for contempt, or by fine, *
or by both. It is a court of record.
§ 1538. All fines imposed by the court of general sessions may hº
be remitted by the judge imposing the same, and in addition to w
such remission the court may, in its discretion, substitute imprison-
ment. All such fines shall be collected by and paid to the clerk of
said court, and by him accounted for to the chamberlain with a
statement under oath.
§ 1539. The time for drawing a grand jury to serve at any term ſº sº.
of the court of general sessions, shall be at the time of drawing the ºrđaw.
* * * e - e g 4- . -- ing grand jury.
names of jurors for the trial of issues of fact in said court ; and all jº"#.
the provisions of law in relation to grand juries, the return and #2 *.
summoning of the jurors, their powers, duties, and liabilities for "
neglect, are declared to be applicable to the grand jurors so to be
drawn, except as otherwise specially directed.
§ 1540. In all complaints of assault and battery, tried before the jº, 1%
court of general sessions in the city of New York, the said court ºils for
shall have power in its discretion, to order the complainant to pay ºn"
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.
Title 11.- The Police Courts and Justices and their Powers.
§ 1541. The police justices shall be eleven in number, and they 1851, sh; 442,
shall respectively be appointed on nomination by the mayor and ## as is,
confirmation by the board of aldermen. Any name once nominated ſº, sº
and rejected shall not be again submitted for either of said justices, §.""
and the names nominated shall be acted on in the order of their jºices
nomination; but confirmations may be made of any names nomi- "...”
nated, though once rejected, and the mayor shall continue to
nominate until every place is filled. e
§ 1542. Upon the completion of any appointment of a police ś, ź.
justice, certificates of the same shall be made out in duplicate by ºf
the clerk of the board of aldermen, dated on the day of any such appoiutment.
424 - IBOARD OF I?OLICE JUSTICES.
Id. $9.
Salaries.
Id. §10.
Vacancies.
Id. $11.
TNot to receive
fee8, etc.
1873, ch. 538, §12.
Board of
justices,
lſeetings, etc.
confirmation, and the same shall be signed by the mayor and presi-
dent of the board of aldermen, of which one copy shall be delivered
to the police justice so appointed, and the other shall be filed by
said clerk in the office of the clerk of the county of New York,
within twenty-four hours of the time of the said appointment. And
from and after any such appointment so certified, the person so
appointed shall be deemed and taken to be a police justice of the
city of New York, duly appointed, and shall take the proper oath.
Such justices are magistrates.
§ 1543. The salaries of the police justices appointed hereunder
shall be eight thousand dollars a year, which shall not be
diminished during the term of office, and shall be provided for and
paid by the city of New York in equal quarterly installments.
§ 1544. The terms of office of two of said justices in office at the
passage of this act will expire on the fourth day of November,
eighteen hundred and eighty-two, the term of one other them in
office will expire on the thirty-first day of December, eighteen hun-
dred and eighty-three, the terms of two others then in office will
expire on the fourth day of November, eighteen hundred and eighty-
three, the term of one other then in office will expire on the twenty-
fifth day of November, eighteen hundred and eighty-nine, the term
of one other then in office will expire on the eighth day of Septem-
ber eighteen hundred and ninety, the terms of two others then in
office will expire on the eleventh day of December, eighteen hundred
and ninety, the terms of two others then in office will expire on the
twenty-second day of November, eighteen hundred and ninety-one.
Upon the expiration of any term or the happening of any vacancy
(by death, removal, resignation, or other cause), in respect of an
police justice (or his office), such vacant place or term shall be filled
and supplied by the appointment of a new police justice for the
residue of any such unexpired term, in case of a vacancy, or for a
new term, which shall be a term of ten years, in case of appointment
after the expiration of a term of ten years, as the case may be, under
the provisions herein contained.
§ 1545. No police justice appointed hereunder shall receive,
enjoy, or share any fees, perquisites, or compensation of any kind,
directly or indirectly, other than his said salary; nor shall he hold
any other office, or carry on or be engaged or interested in any pur-
suit connected with the administration of justice, but shall devote
his whole time and capacity, so far as the public welfare demands,
to the duties of his said office. , t
§ 1546. Such appointed police justices shall constitute the
board of police justices, and discharge the functions thereof, and
may elect a president from their own number, and remove him and
elect a successor at their pleasure ; and all the meetings of such
board shall be public, and all its proceedings shall be recorded in
its books of minutes by its secretary and shall be preserved. Such
board may designate a police clerk to act as secretary of said board,
and from time to time substitute any other, and fix a reasonable
compensation to be paid for the services of such secretary. Such
board shall establish public rules relative to its meetings, which, as
far as possible, shall be held at regular times, for the order and
transaction of its business thereat, for the keeping and preservation
of the minutes of its doings, for the appoinment of clerks and its
BOATRD OF TOLICE JUSTICES. 425
other appointments, and for the public inspection of such minutes,
under the care of the Secretary, at reasonable times. Such board
shall have the authority and duty of appointing all police clerks,
but there shall be only six such clerks, and of regulating the time,
place, and manner of the discharge of the duty of such clerks.
Such clerks shall respectively be appointed for the term of four
years, and shall receive a certificate from such board stating such
term and when it will expire ; and a duplicate of such certificate
shall be filed by the secretary of such board in the office of the
clerk of the county of New York; and before any such clerk shall
enter upon the discharge of his duty, he shall file in the office of
the comptroller of the city, a bond in the penal sum of five thou-
Band dollars, with two sureties, and conditioned for the faithful
discharge of his duty as a police clerk, and the due accounting for
and payment of all money by him received as such clerk, and the
form and execution of such bond shall be approved by a certificate
of a judge of said superior court indorsed upon the same. Upon
the question of any appointment of a clerk or clerk's assistant, the
members of said board shall vote as their names are called by the
secretary, and the vote of each member shall be recorded in such
minutes, and a majority of the whole board voting together shall
be required to appoint a police clerk; but the majority of the
members attending any regular meeting of the board may appoint
police clerks’ assistants, interpreters, stenographers, and other
necessary attendants, and may remove the same, and the secretary
shall record the vote of each member of said board; provided,
however, that such clerk's assistants, stenographers, and inter-
preters shall be appointed for a term of two years, or to fill a residue
of such unexpired term, and that such assistants shall have notice
of the cause of their proposed removal, and an opportunity for an
explanation in the presence of such board before they shall be
removed, and the cause of any removal shall be briefly entered on
such minutes. The salary of such police clerks shall be four thou-
sand dollars per year, which shall not be diminished during such
term, payable quarterly, but the salary of the said clerks appointed
after May twenty-ninth, eighteen hundred and eighty, shall be
three thousand dollars per year, and none of them shall hold any
other office or be interested in any other business connected with
the administration of justice, but they shall give their whole time
to the duties of their clerkship, and shall reside in the city of New
York; and the police clerks’ assistants and other assistants at any
police court shall obey the reasonable directions of such police
clerks; subject, however, to the proper orders of the police justices
presiding and the board of police justices. The salary of the inter-
preters shall be twelve hundred dollars.
§ 1547. The rules for regulating the business of the police
courts to be held by said justices and the business of said board
of police justices heretofore by said board prepared, published, and
a copy thereof filed, duly certified by the secretary of said board,
with the clerk of the city and county of New York, shall, with any
amendments which such board make make, publish, and file as
aforesaid, so far as consistent with the constitution and laws of this
state, be binding on said police justices and shall regulate the
business of such police courts and boards. And among other pro-
Police clerks,
appointment of.
1874, ch. 225,
Comp. 1406.
1880, ch. 521, $2.
Bonds of.
Interpreters,
etc.
Salaries.
1880, ch. 521, $2.
1866, ch. 745, $3,
Comp. 1425.
1873, ch. 538, $18,
Comp. 1400.
Rules, etc.
426 RULES AND REPORTS.
Justices to hold
Courts,
Hours.
Order of
business.
Manner of keep-
ing records.
Cases of
vagrancy, etc.
Disposition of
moneyS.
Records of age,
sex, etc., of per-
Sons against
whom charges
have been made.
Publicity of
records.
Transfer of
cases only for
CºllSø.
1860, ch. 508, $31,
visions of said rules, for securing a vigorous, orderly, and just
administration in said courts, they shall contain regulations:
1. As to the justices who shall hold such courts at times and
places to be specified, and shall provide for a rotation of justices
holding the same.
2. As to the hours when the same shall be open and when
closed each day, and what officers and assistants shall be in attend-
3,1] C62. -
3. As to the Order of business and the manner of its discharge,
including the taking of bail and entering into recognizances.
4. As to the manner in which the police clerks and their assist-
ants shall keep complete records of the doings of said courts and
justices, and perform their other duties in a uniform manner.
5. As to the hearing and disposition of all cases of vagrancy,
and of cases where the order of the police justice may deprive any
person of his or her liberty, or impose a fine.
6. As to the collection and disposition of any moneys by any
police clerk, and as to keeping accounts of the same ; and
7. Providing for the keeping by such police clerks of books of
records containing the names and sex, and, as near as may be, the
age of all persons against whom complaints or charges have been
made, the nature and date of the complaint or charge, and the name
and residence of the complainant, giving street and number ; the
date and nature of all warrants or other process issued, and against
whom ; the dates, nature, and result of all examinations; the date of
the reception and the name and the disposition of all prisoners; the
names of all persons waiving examinations ; and the names of all
persons giving bail and its amount, and the names and residence of
all bondsmen ; the name, residence, and the age, as near as possible,
and the sex of all persons committed, fined, convicted, held for trial,
or sent to the sessions for trial, and for what cause, and by what
justice, and at what date ; the date at which any fine or costs are
paid, by whom, and the amount ; the name, residence, and age and
sex of all persons discharged, by what justice, of what charge, and
at what date, together with a suggestion of the cause of such dis-
charge ; the filing, care, and prosecution of recognizances; the name
and residence of all attorneys appearing in respect of any charge or
On any hearing, and the reasons for any unusual delay in any pro-
ceeding.
8. And such rules shall contain proper provisions in regard to
the publicity of any portion of such records under the authority of
section fifteen hundred and fifty-two of this act. But no charge,
complaint, or person brought before one justice shall be sent before
another, except for adequate cause, to be fully and at once entered
upon the records kept by such police clerks and signed by the
justice ; no person shall be committed or recommitted for exami-
nations, save for necessary cause, to be then stated clearly upon
such records; the hearing upon no charge shall be adjourned to
another day without the suggestion of the reason therefor being
entered on such records, nor shall any charge be dismissed or any
prisoner be discharged without record of the same having been
before the justice so dismissing or discharging the same, and the
name of such prisoner and the nature of the charge.
§ 1548. The said board of police justices shall have power to
RULES AND REPORTS, 427
make needful rules and regulations for the maintenance of order in
and about the said police courts and court of special 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 of the peace in said city.
§ 1549. 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.
§ 1550. It shall further be the duty of such board of police
justices annually, on or before the first day of December, to cause
to be prepared by its said secretary, and to supervise a report, the
original of which shall be filed in the office of the clerk of the city
and county of New York, and to have as many copies thereof
promptly printed and published, in economical pamphlet form as
may be possible, at an expense not exceeding one thousand dollars
annually ; but no more than one thousand copies shall be so printed
in any year; and copies thereof shall be sent to the governor and
mayor, and to the principal officers, libraries, and institutions in the
city and state of New York, and a record of such distribution shall
be preserved. Such reports shall set forth, beside the action of
said board and its said rules, such general statistics and causes of
crime in said city, and such explanations of existing deficiencies in
criminal administration, and suggestions of remedies for the same,
as said board of justices may think will be useful to the public. Said
annual report shall also contain the separate reports which said board
shall cause to be annually made to itself, under oath, by each of
said police clerks, and which latter report shall set forth at least the
following facts: First. The amount and kind of business done at
each of the police courts of the city and before each police justice,
and during what period each of said justices has officiated at any
such court respectively, during the previous year, and during what
hours such court has been open. Second. What services have been
performed by each police clerk so reporting, the amount of money
he has received as such clerk, from whom, naming each person, at
what date and on what account; and the disposition made of the
same. Third. And in general form, all the facts and matters which
are herein provided to be contained in the records to be kept by such
police clerks, so far as they relate to the previous year, but in con-
formity to the proper regulations to be made by said board of police
justices; and especially all the facts required to be recorded under
the fifth and seventh subdivisions of section fifteen hundred and
forty-seven, but the names of no persons proceeded against in said
courts need be given.
§ 1551. Such police clerks shall be responsible for the records
and papers pertaining to such police courts; shall cause them to be
conveniently filed and indorsed; shall keep clear and full minutes of all
business done at such courts or before such justices, as such rules
may require, so that the disposition of and proceedings in regard
to every matter and person brought before a police justice or court
shall appear; and they shall be responsible to the board of police
justices.
Comp. 1418.
* make rules
and regulations.
Id. $32.
1873, ch. 538, $14,
Comp. 1401.
Report to be
made annually.
What to contain
1873, ch. 438, $15,
Comp. 1402.
Clerks to be re-
sponsible for
records, etc.
428 T^()I,ICIE CLISRKS ANI) COUIRT IROOMS.
Id
$16
Blanks, etc.
Id.
Payments to
comptroller by
clerks.
1887, ch. 51, $2,
Comp. 1193.
Court-rooms.
1860, ch. 505, $3;
1862, ch. 271, $1,
Comp. 1194.
1873, ch. 538, $18,
Comp. 14
Board of police
to have expe-
rienced person
attend courts.
03.
Id. $19.
Who may
practice before
police courts.
1873, ch. 438, $20,
Comp, 1403.
Tremoval of
justices from
offi
CG”.
§ 1552. It shall be the duty of said board to prepare, or cause
to be prepared, the proper blanks for making such reports, and to
tabulate the facts contained in the separate reports of said police
clerks, so that their said annual report shall clearly present the
annual administration of justice in said police courts. And Ho far
as a reasonable regard for the public interest may require, said
board may prevent undue publicity of proceedings before any jus-
tice in respect of any charges, pending attempts to make arrests,
and also in cases where there is good reason to think such publicity
is sought for the gratification of malice or pernicious curiosity.
§ 1553. Every police clerk shall, on or before the fifth day of
each month, pay over to the comptroller of the city whatever mon-
eys have come into his hands as such clerk during the previous
month, and shall accompany such payment by a sworn return in
writing, signed by such clerk, in such form as such comptroller
shall prescribe, setting forth from whom each portion of said money
was received, at what date and for what account it was paid ; and
the comptroller shall file and preserve such returns; and every
warden of a prison, authorized to collect any fine, shall, at the
same time and in the same manner as is provided in respect of said
clerks, pay over to said comptroller all such moneys, and shall
there with deliver the like sworn returns as is required of such
clerk.
§ 1554. The court-room and other rooms on the first floor of
the court-house building in the third judicial district, shall be set
apart for the use and occupation of the second district police court.
The board of police justices shall designate and regulate the por-
tions of the court-house and place for the detention of prisoners in
the fourth district which shall be set apart for the use of the police
justices.
§ 1555. It shall be the duty of the board of police to cause some
intelligent and experienced person connected with the police force
to attend at such police courts in cases where there is need of such
assistance, who shall, to such extent as the rules of such board of
police justices may reasonably require, aid in bringing the facts
before such police justice in proceedings pending in such police
courts.
§ 1556. No person shall practice or be entitled to be heard, save
in his or her own defense, before such police courts or justices,
except members of the bar of the state of New York entitled to
practice before the supreme court; and it shall be the duty of such
board of police justices to investigate and report in writing upon
cases of abuse of practice or violation of such rules, by any attor-
ney in respect of any proceeding before any such police justice or
pending in a police court. The attorney affected shall be allowed
a fair opportunity for explanation, and shall answer all proper
questions before such board. Such report of the board thereon,
duly certified by the secretary, shall be filed in the office of the
clerk of the county of New York, and a copy thereof shall be sent
to the presiding justice of the supreme court in the first judicial
department.
§ 1557. Any such police justice or police clerk may be removed
by the court of common pleas for the city and county of New York,
for either or any of the following causes:
IłICMOVAL OF POLICE JUSTICES. 429
1. For any cause for which a justice of the supreme court or a
justice of the peace may now in any manner be removed.
2. For corruption and malfeasance in office.
3. For habitual neglect, carelessness, or inefficiency in the dis-
charge of the duties of a police justice or clerk, or for willful diso-
bedience to any of the provisions of this title.
§ 1558. Whenever any judge (save of common pleas) or justice
having any jurisdiction in the city of New York, the mayor of said
city, the district attorney of the county of New York, or any five
taxpayers and residents of said city shall present to the chief judge
of the said court of common pleas written allegations which, if true,
would authorize the removal of any such police clerk or police jus-
tice therein named, said court shall promptly adopt and make public
a set of rules, which it may from time to time amend, for the bringing
and the regulation of proceedings before such court for the removal
of any clerk or officer which, by law, it may be authorized to remove.
Such rules, among other things, shall provide for charges to be made
by any said officer or persons authorized to prefer such allegations,
with the reasonable certainty for due notice thereof to the clerk or
officer accused for due opportunity of hearing, on the part of such
officer, and for the proceedings and final action, by removal or other-
wise, on such charges by said court of common pleas.
§ 1559. Upon any such charges being thereafter filed with the
clerk of said court of common pleas for the city and county of New
York, against any police justice or police clerk, such court shall
promptly proceed with the hearing and to the decision of the same
by removal or dismissal, according to such rules or as they may be
amended. And on any such hearing the chief judge, or the other
judge who may be selected by the judges to preside, shall have all
the power of a judge holding a jury trial for the purpose of preserv-
ing order and of compelling the attendance and swearing of wit-
nesses, enforcing answers to questions and punishment for contempt.
Such charges shall be heard and decided in a summary manner,
giving the clerk, officer, or justice charged due opportunity of being
#. summarily ; and in case of removal the causes thereof shall
be assigned in the order of removal. The hearing shall be had in
public in the rooms of said court of common pleas, may be adjourned
from time to time as justice may demand, and the clerk of said court
shall make a record of its proceedings and preserve them in such
books as would be used if they were taken at a general term of such
court. It shall be the duty of all the judges of such court of com-
mon pleas to attend such hearing, but a majority of all the judges
of such court in office at such time shall be a quorum, and an order
of removal signed by a majority of such judges shall be valid and
the act of said court. The vote on each charge shall be openly
taken and shall be recorded, and the order of removal shall be
forthwith signed by the members of the court approving the same,
and filed with the clerk of the county of New York, and a 'duplicate
shall be recorded in the minutes of such hearing ; and from the
date of such filing the officer, justice, or clerk therein purporting to
be removed, shall cease to be such justice, officer or clerk, and his
office and position shall be deemed vacant.
§ 1560. Any willful false swearing in any case where an oath is
authorized or made under this act shall be deemed perjury.
Id. $21. g
Charges against
a police justice.
Id. $22.
Comp. 1404.
Hearing before
court of com-
mon pleag.
1873, ch. 538, $23,
Comp, 1404.
430 THE POLICE JUSTICES.
Id. §4.
Comp. 1397.
16 Hun, 340,
1859, ch. 491, §5,
Comp. 1421.
Intoxication or
disorderly
conduct.
1855, ch. 268, $1,
Comp. 1410.
Record in
Nº. C81808
to be filed.
Form of record.
1855, ch. 268, $2,
Comp. 1410.
Vagrants, how
discharged.
Id. $3.
1844, ch. 315, $3,
Comp. 1419.
Complaints for
assaults and
batteries.
§ 1561. It shall be the duty of the city of New York and its
several officers to supply and pay for whatever may be necessary
for the transaction of business of the police courts and board of
police justices in said city, to supply all proper books, stationery
and furniture, and to pay all the salaries, compensations, expenses,
and disbursements herein authorized ; and for that purpose the
board of estimate and apportionment shall annually cause the
proper amounts to be levied, raised, and appropriated for the pur-
poses aforesaid, but the proper authorities of said city may require
all such expenditures, and the number of persons employed about
such courts and the salaries (save those herein affixed) to be no
more than the public interest, in their opinion, require.
§ 1562. In all cases of arrest for intoxication or disorderly con-
duct 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.
§ 1563. The police justices shall in every case of commitment for
vagrancy, file or cause to be filed in the office of the clerk 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 the said A B hereto
annexed, it appearing that the said A T3 is a vagrant within the pro-
visions 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 almshouse, 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. 18
C. D., police justice. | L. S.
§ 1564. No person committed to the penitentiary, workhouse, or
almshouse as a vagrant, as above directed, shall, unless upon a writ
of habeas corpus or certiorari, except by Order of two of the com-
missioners of charities and correction, be discharged before the
expiration of the term for which he was so committed. -
§ 1565. Any police justice violating any of the provisions of the
two preceding sections shall be deemed guilty of a misdemeanor.
§ 1566. In cases of complaints for assaults and batteries the
magistrate may require that the complainant pay the fees author-
ized by law. In case the examination shows that the complaint is
just and legal, the magistrate shall return such fees to the com-
plainant. 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,
THE COURT OF SPECIAL SESSIONS. 431
which costs and fees shall be paid to the clerks, who shall monthly
pay all such fees into the city treasury, accompanying such pay-
ment with an affidavit or affirmation that the sums so paid aré all
the fees received by them for any matter or cause specified in this
section.
§ 1567. Any recognizance to keep the peace, or to be of good
behavior, or both, taken by any police justice in said city, may be
for any sum that any court in said city is authorized to fix in any
such recognizance.
§ 1568. The police justices and persons acting by their orders
shall have power to examine the books of any pawnbroker, his clerk
or clerks, if they deem it necessary, when in search of stolen prop-
erty, and any person having in his possession a pawnbroker's ticket,
shall, when accompanied by a policeman, or by an order from the
superintendent of police or captain of police, be allowed to examine
the property purporting to be pawned by said ticket; but no prop-
erty shall be removed from the possession of any pawnbroker with-
out the process of law required by the existing laws of this state, or
the laws and ordinances of the city regulating pawnbrokers. A
refusal or neglect to comply in any respect with the provisions of
this section, on the part of any pawnbroker, his clerk or clerks, shall
be deemed a misdemeanor, and punishable as such.
Title 12-The Court of Special Sessions.
§ 1569. The court of special sessions in the city and county of
New York has jurisdiction :
1. To try and determine according to law all complaints for mis-
demeanors, unless the defendant elects to be tried at the court of
general sessions, or the court of special sessions sends the case to
the court of general sessions for trial ;
2. To remit fines imposed by it, and in place of the fine remitted,
substitute, in its discretion, imprisonment;
3. By an order entered in its minutes, to declare forfeited the
recognizance of a defendant, taken by the court, to appear thereat,
upon his failure so to appear ;
4. To impose the same punishment as is authorized by statute
to be inflicted in like cases tried in the court of general sessions of
the peace of that city and county ;
5. By warrant attested in the name of any one of the justices
authorized to hold the court, signed by the clerk thereof, and
entered in the minutes of the court, to enforce its judgments and
orders; to bring before the court all accused persons for trial and
judgment in all cases in which it has jurisdiction; to issue subpoenas
for the attendance of witnesses, attachment for contempt, and other
process necessary for the proper conduct of the court ;
6. To require the principal in a recognizance to appear at the
court, and enter into a further recognizance to keep the peace, or to
be of good behavior, or both, toward the people of the state, for a
period not exceeding one year, and in default thereof to com-
mit him to prison till he be discharged therefrom according to
law.
1860, ch. 508, $12,
Comp. 1415.
1846, ch. 302, $8.
as amended,
1849, ch. 436, §6,
Comp. 269.
Books of pawn-
brokers to be
examined.
1881, ch. 442, $64.
Jurisdiction.
4.32 POWERS OF COURT OF SPECIAL SESSIONS.
Id. §65.
Officers, how
appointed.
Id. §66.
Term of Office.
d. §67.
Court when held
HOW
constituted.
1858, ch. 282, $8,
Comp. 1424.
1858, ch. 282, §6,
Comp. 1423.
Salary, etc.
1858, ch. 282, $2,
Comp. 1423.
Duty of Such
clerks.
Id. §3.
Clerk to certify
Sentences to
Blueriff.
1881,ch. 442,5742.
In what cases to
proceed to trial.
Id. §743.
If jury demand-
ed, magistrate to
proceed to ex-
amination of
Charge.
§ 1570. The police justices, by the vote of a majority, have the
exclusive power to appoint the clerk, deputy clerk, Stenographer,
interpreter, and other officers of the court of special sessions.
§ 1571. The term of office of the clerk and deputy clerk of the
court of special sessions is the same as the term of office of the
police justices of that city.
§ 1572. The court of special sessions may be held as often and
at such times as the justices thereof may think expedient. It may
be held by any three of the police justices, who shall 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.
§ 1573. The salary of the clerk shall be six thousand dollars,
and that of the deputy clerk shall be five thousand, 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 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 the faithful performance of their duties
according to law, which bond shall be filed in the office of the said
city comptroller.
§ 1574. It shall be the duty of said clerk or his deputy to admin-
ister 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.
§ 1575. 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.
§ 1576. When the court of special sessions in the city and county
of New York has jurisdiction, it must proceed to the trial, in the
following cases :
1. When the defendant has requested to be tried in such court ;
2. When (having omitted for twenty-four hours to give bail, as
required by the magistrate before whom he was brought, for his
appearance at the next court of general sessions of the city and
county of New York) a jury is not demanded by him, on being
brought before the court of special sessions for trial.
§ 1577. If, in the case mentioned in the second subdivision of
the last section, a jury be demanded, the court of special sessions
must proceed to the examination of the charge, and hold the
defendant to answer or discharge him, in same manner as the
magistrate before whom he was originally brought might have
done.
RECOGNIZANCES IN SPECIAL SESSIONS. 433
§ 1578. The trial must, in all cases, be before the court without
a Jury.
§ 1579. Subpoenas for witnesses, and the certificate of the judg-
ment, must be signed by the clerk of the court, who must also enter
all the proceedings of the court, and the sentences upon convictions,
in a book of minutes, and when necessary, certify the proceedings
of tho court.
§ 1580. Fines, imposed by the court, must be received by the
clerk, if paid before committal in execution of the judgment. He
must every, thirty days, render to the comptroller of the city,
accounts of the fines imposed and received by him, and of the
expenses attending the court. -
§ 1581. All fines, not paid to the clerk, as provided in the last
section, must be received by the sheriff of the city and county of
New York; who must, within thirty days thereafter, pay them to
the comptroller of the city, in the same manner as he is required to
pay fines imposed by the court of general sessions of the city and
county of New York, and received by him.
§ 1582. No transcript of a conviction had in the court of special
sessions need be certified or filed ; but a copy of the minutes of the
conviction, certified by the clerk, is conclusive evidence of the facts
contained therein.
§ 1583. In all cases of misdemeanors in the city and county of
New York where the accused, upon being arrested and brought
before the committing magistrate, shall elect to have his case heard
and determined by the court of special sessions, 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 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.
§ 1584. Subpoenas for the attendance of witnesses, attachments
for contempt, and other process necessary for the proper conduct
of said court, shall be tested in the name of any one of the justices
authorized to hold the court, and signed by the clerk. 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.
§ 1585. When any person shall have been committed as a witness
in behalf of the people of this state in any cause pending in the
court of special sessions, 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
Id, $744.
Trial to be be-
fore court with
out a jury.
Id. §745.
Clerk to issue
Subpoenas, si
certificates o
judgment, and
enter proceed-
ings of court
and sentences
upon convic-
tions.
Id. $746.
Fines before
Committal, to be
Fº to clerk.
His accounts,
When and to
whom rendered.
Id. §747.
All other fines to
be paid to
Sheriff.
His account
thereof, when
and to whom
rendered.
Id. ;
No transcript of
conviction to be
filed.
Certified copy
of minutes,
conclusive
evidence.
1859, ch. 491, $1,
Comp. 1420.
Misdemeanor
may be tried by
court of special
Sessions.
Id. $2.
Comp. 1421.
Powers of court.
Id. §3.
Witnesses may
be paid in
certain cases.
28
434 RECOGNIZANCES IN SPECIAL SESSIONS.
1860, ch. 508, $35,
Comp. 1418.
Clerk to be pro-
vided with scal.
Id. $15.
Comp. 1415.
RecognizancC8.
Id. §13,
Comp. 1415.
Laws relative to
recognizances to
apply.
1833, ch. 313, $2,
Comp. 1419.
1860, ch. 508, $12,
Comp. 1415.
1860, ch. 508, $17,
Comp. 1416.
Witnesses
bound over by
recognizanceB.
This act, how
and when to
apply.
1867, ch. 604, $6,
Comp. 1475.
Clerk of court
Of special
Sessions of the
peace to trans-
the same is made, without exacting any fee for such service. Upon
the production of such certified copy to the chamberlain, 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.
§ 1586. The seal heretofore provided for the court of special
sessions in said county, on which is engraved the arms of the state,
and the word “court of special sessions, county of New York,” shall
continue to be the seal of said court, and all process issued by said
court shall be sealed with the said seal and signed by the clerk of
said court.
§ 1587. Every recognizance for appearance at the said court of
special sessions shall be returnable as heretofore ; and every recog-
nizance 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.
§ 1588. All provisions of law in relation to the taking and dis-
charging of recognizances to keep the peace in said city, by one of
the police justices, shall apply, as far as practicable, to the taking
or discharging by the said court of special Sessions of any recogni-
Zance authorized to be taken under the provisions of law.
§ 1589. All persons convicted in said city for the violation of any
law cognizable by a police justice may, in addition to the fine or
penalty, be required to pay the costs and charges accruing thereon.
§ 1590. Any recognizance to keep the peace or to be of good
behavior, or both, by the court of special sessions may be for any
sum that any court in said city was, on April seventeenth,
eighteen hundred and sixty, authorized to fix in any such recog-
Ill'Zą,11C0.
§ 1591. Whenever any magistrate in said city shall bind over,
or commit any person for his appearance at the court of special
sessions to answer any criminal charge or other misconduct, he may
also bind over the witnesses for the prosecution to appear and be
examined in the said court, in the same manner that any magistrate
may bind over, by recognizance, witnesses to appear and be exam-
ined 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 appear at said court of general sessions shall, as
far as is practicable, apply to any Order to enter in recognizance
made in pursuance of this section for the enforcement thereof; and
all the provisions of sections fourteen hundred and seventy-two to
fourteen hundred and seventy-nine, inclusive, in relation to the vio-
lation, 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.
§ 1592. The clerk of the court of special sessions shall, within
three days after the first day of each month, transmit to the secre-
tary of state a transcript of the entry of every conviction had dur-
ing the preceding month in the special Sessions of the said city and
COMMITMENT OF CHILDREN TO INSTITUTIONS. 435
county, which transcripts shall contain the name of the offender, a mit entry of
description of the offense in such form as the said secretary shall ”
prescribe, and the sentence upon each conviction.
§ 1593. An application for the allowance of an appeal from a 1:51, ch,442,
judgment of the court of special sessions, can be made only to the Wºłom
recorder, or city judge, or judge of general sessions. The affidavit *P****
and allowance of the appeal must be delivered to the clerk of the
court of special sessions, within five days after the allowance of the
appeal, and when so delivered the appeal is deemed taken.
Title 13.−Commitment of Children to Incorporated Institutions.
§ 1594. The managers of the Society for the Reformation of 1824, ch, 25, $4,
Juvenile Delinquents in the city of New York shall have power, in *:::::::"; e.
their discretion, to receive and take into the house of refuge estab- ...;
lished by them, all such children, who shall be taken up or com-
mitted 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 magistrates, or of the commissioners of charities and
correction, 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 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 advantage of such
children.
§ 1595. It shall be the duty of all courts and magistrates by 1865, ch. 172,
whom any juvenile delinquent shall be committed or sent to the #: 1723.
house of refuge, to ascertain the age of such delinquent by such ºr
proofs as may be in their power, and to insert such age in the order of delinquents:
of commitment, and the age thus ascertained shall be deemed and
taken to be the true age of such delinquent. In cases where the when managers
age of the delinquent so committed is not so ascertained and #:...”
inserted in the order of commitment, the said managers shall, as soon
as may be after such delinquent shall be received by them, ascer-
tain the age of such delinquent by such proof as may be in their
power, and cause the same to be entered in a book to be designated
by them for that purpose, and the age thus ascertained shall be
deemed and taken to be the true age of such delinquent.
§ 1596. All children under the age of sixteen deserting their Id, $5.
homes without good and sufficient cause, or keeping company with Yºis.
dissolute or vicious persons against the lawful commands of their "y"
fathers, mothers, guardians, or other persons standing in the place
of a parent, shall be deemed disorderly children.
§ 1597. Upon complaint made on oath to any police magistrate Id, sº, 7.
against any child within said county, under the age of sixteen, by fººt,
his or her parent or guardian, or other person standing to him or *W*.
436 COMMITMENT OF CHILDREN TO INSTITUTIONS.
commit to house
1873, ch. 359, §1,
C 1
When managers
ting delinquents
and make order.
her in place of a parent, as being disorderly, such magistrate or
justice shall issue his warrant for the apprehension of the offender,
and cause him or her to be brought before himself or any other
police magistrate for examination. If such magistrate be satisfied
by competent testimony that such person is a disorderly child within
the description aforesaid, he shall make up and sign a record of
conviction thereof, and he shall by warrant under his hand commit
such person to the house of refuge, and the powers and duties of
the said managers in relation to the said children shall be the same
in all things as are prescribed as to other juvenile delinquents
received by them ; provided, however, that any person committed
under this section shi have the same right of appeal secured by
law to persons convicted of criminal offense ; but on any such
appeal mere informality in the issuing of any warrant shall not be
held to be sufficient cause for granting a discharge.
§ 1598. Whenever it shall appear to the managers of the Society
for the Reformation of Juvenile Delinquents in the city of New
York, that any of the delinquents confined in the house of refuge or
under their care, shall have been guilty of attempting willfully to
set fire to any building belonging to the institution or any combus-
tible matter for the purpose of setting fire to any such building, or
that any delinquent shall have been guilty of violence to any officer
or inmate of the institution, or of openly resisting the lawful author-
ity of the officers of the institution, or of attempting, by threats or
otherwise, to incite others to do so, or shall by gross or habitual
misconduct exert a dangerous and pernicious influence over the
other delinquents, it shall be lawful for the said managers to submit
a written statement of the facts in any such case to a justice of the
supreme court in the first judicial district, or the superior court or
to a judge of the court of common pleas, and thereupon to apply to
him for an Order authorizing the temporary confinement of such
delinquent for correction in the penitentiary or county jail of the
county of New York, or in the penitentiary or county jail of the
county from which the delinquent was committed.
§ 1599. It shall be the duty of the justice or judge so applied to
forth with summarily to inquire into and take proof of the facts of
the case, and if it shall appear to him that the statement is substan-
tially true, and that the case is one in which the ends designed to
be accomplished by the institution or its general welfare will be
best promoted by his doing so, he shall thereupon make an order
authorizing the confinement of the delinquent in the said peniten-
tiary or county jail in the city of New York, or in the penitentiary
or county jail of the county from which the delinquent was com-
mitted, for a limited period to be expressed in the order, and not
exceeding the period of six months. And the superintendent or
keeper of the said penitentiary or county jail determined upon by
said judge and named in said order, is hereby authorized and
required to receive such delinquent and detain him during the
period expressed in such order, unless the managers shall previously
to the expiration of such period direct him to be returned to the
said house of refuge.
§ 1600. At the expiration of the period limited by the said order,
or sooner, if the said managers shall direct it, the Superintendent
house of refuge, or keeper of the said penitentiary or county jail shall return such
COMMITMENT OF CHILDREN TO INSTITUTIONS. 437
delinquent to the custody and care of the superintendent of the
said house of refuge to be further dealt with according to the laws,
rules, and regulations ordained for its government.
§ 1601. No person convicted of vagrancy or of any criminal offense,
and committed to or confined in the house of refuge established by
the said society in the city of New York, shall be discharged by
habeas corpus or certiorari from such confinement, on the ground
that no certificate of such conviction has been filed, or on the ground
of any variance, misdescription, misnomer, or any defects or imper-
fections in matter of form contained in the record, process, entries,
judgment, order of commitment, returns, or other proceedings under
or in pursuance of which such commitment was made ; provided
that such certificate be filed, or such variance, misdescription, mis-
nomer or defect or imperfection in matter of form be corrected by
order of the court before which such writ of habeas corpus or cer-
tiorari is returnable.
§ 1602. Whenever any girl under the age of fourteen or boy
under the age of ten years, shall be brought by any policeman,
before the mayor or recorder, or any 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 desti-
tution and suffering, or abandonment, exposure or neglect, or of
beggary, specified and defined in section fourteen hundred and
sixty-three of this act, 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 instruc-
tion of the American Female Guardian 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 com-
mon council thereof, in his discretion, by warrant in writing, under
his hand, may commit such child to the said 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:
o J — D , one of the policemen of the city of New
York: You are hereby commanded to take charge of C
E —, a child under the age of fourteen, who has been proved to
me, by competent evidence, to be embraced within section fourteen
hundred and sixty-three of the act entitled, etc., etc., giving the
title of this act, 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 avenues; and for so doing this shall be your
sufficient warrant.
Dated this day , 18 .
But no variance from the preceding form shall be deemed
material, provided it sufficiently appear upon the face of the war-
rant that the child is committed by the magistrate in the exercise
of the powers given him by this section. Any order so made by any
Id. $4.
Persons not to
be discharged.
1857, ch. 249,
$1, 2,
a8 amended,
1878, ch. 165, $1,
Comp. 1723.
Form of com-
Initment,
4.38 COMMITMENT OF CHILDREN TO INSTITUTIONS.
Order, how
executed.
1857, ch. 249,
* > ) ºr ?
as amended,
1878, ch. 165, §1,
Comp. 1733.
Duty of
magistrate.
Notices, how
served.
Id. ; 6.
Further duty of
magistrate.
Want of proof.
Id. $7.
Einal order.
Id. §8.
Commitments
for insufficient
C{ll ISC.
such magistrate shall be 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.
§ 1603. 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 a 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 testi-
mony, 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 therefrom in the manner pre-
scribed by law, within ten days after the service of such notice, the
child therein named shall be deemed legally surrendered to said
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 forty-nine. 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 resi-
dence 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.
$1604. 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 section fourteen hundred and sixty-three of this act,
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 managers of the
said society, to direct such managers to deliver such child to the
custody of the party named in such order, who shall thereupon be
entitled to take such child away from the said society. If such
proof shall not be produced within the time above 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.
§ 1605. If any child who has been previously arrested, and deliv-
ered to the parent or guardian, as hereinbefore provided, shall again
be found in either of the conditions described in said section four-
teen hundred and sixty-three, 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 said
society, without giving the notice provided for in the last section
but one.
§ 1606. If at any time after a child shall have been committed
to the said society, it shall be made to appear to the satisfaction of
COMMITMENT OF CHILDREN TO INSTITUTIONS. 439
the board of managers of the said society, that such child was on
insufficient cause, false or deficient testimony, or otherwise, wrong-
fully 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 foregoing provisions,
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 purposes of said
society, the said board of managers, on the application of the par-
ents, 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.
§ 1607. The said managers shall have power and it shall be their 1857, ch. 949,
duty, whenever any child intrusted or committed to their charge, ;
as amended,
shall, by the commission of any infamous crime, or by confirmed §º sh
habits of vagrancy, have become so degraded and debased as to be fºrs ind
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.
§ 1608. Whenever any child above the age of seven and under 1851, ch. 332,
the age of fourteen years shall be brought by any policeman before iºnaea,
re as * t * * tº º as C … ſº .* 1854, ch. 387, 1
the mayor or recorder, or any other magistrate of the said city, §º sh
upon the allegation that such child was found in any way, street, Wariant for
highway, or public place in said city, in the circumstances of want ..."”
and suffering, or abandonment, exposure, or neglect, or of beggary, ºn as
specified or defined in section fourteen hundred and sixty-three o g ºf rºy gº
this act, and it shall be proved to the satisfaction of such magis-
trate, 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 the New York
Juvenile Asylum 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 discre-
tion, by warrant in writing under his hand, may commit such child
to said 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 section
fourteen hundred and sixty-three of the act entitled, etc., giving the
title of this act, 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 thirtieth, eighteen hundred and fifty-one, and
to deliver the said child without delay to the said corporation, at its
440 COMMITMENT OF CHILDREN TO INSTITUTIONS.
house of reception in this city, and for so doing, this shall be your
sufficient warrant.
“Dated this day of 18 .”
2. lºw Any order so made by any such magistrate, shall be delivered by
º 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 said corporation ; and such child shall be detained
in such house of reception until discharged or removed therefrom
in the manner hereinafter provided.
ºil, § 1609. Immediately upon the making of any such order, the
išć.5, $2, magistrate making the same shall deliver to a policeman of the city
§;" especially detailed for that service, a notice, in writing, addressed to
*º to the father of such child, if its father is still living, and resident
13 Abb, 33. 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 resi-
dent within the city, then addressed to the lawful guardian of such
child, if any, or the persons with whom, according to the examina-
tion of the child and the testimony, if any, received by such magis-
trate, 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 said corporation, and shall be
notified that unless taken therefrom in the manner prescribed by
law, within twenty days after the service of such notice, the child
therein named will be and become the ward of said corporation.
Id. §12, § 1610. Such notice shall be served by the policeman detailed
as amended, - - -> º -
jºb, sº 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
IReport of report the fact and the time and manner of such service to the mag-
::::::... istrate, 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
Record of service, and the fact thus recorded shall in all cases be presumptive
ſervice. º -> e
evidence of the proper service of such notice. 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 or suf-
fering or other circumstances described in the said section fourteen
In what case hundred and sixty-three, under which such child shall have been
:..."." found, have not been occasioned by the habitual neglect or miscon-
* * duct of the parents or lawful guardians 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 such corporation,
to direct such superintendent to deliver such child to the custody
of the party named in such order, who shall thereupon be entitled
When order of to take such child from the said house of reception. But if such
:" proof shall not be produced within the time above described, such
child shall be removed from the house of reception to the asylum ;
and whether such removal to the asylum has taken place or not,
the Order of commitment by such magistrate shall be final, and he
shall thereafter have no power to discharge such child from the
house of reception or from the asylum, or in any manner from the
care and custody of said corporation.
COMMITMENT OF CHILDREN TO INSTITUTIONS. 441
§ 1611. Whenever, after careful and diligent search and inquiry
the policeman whose duty it was to serve the notice described in
the last section but one, 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, said child shall have resided, 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 con-
spicuous place in the police station-house nearest the alleged resi-
dence of the child, viz.:
“Notice.—This is to certify that , a child of
about the age of years, hair, eyes, complex-
ion, 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. - 5
“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.
§ 1612. If any child, under the age of fourteen years, having
sufficient bodily health and mental capacity to attend the public
schools, shall be found wandering in the streets or lanes, or in any
public place in the city of New York, idle, truant, or without any
lawful occupation, any police magistrate in said city, 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 or
guardian or master of such child, if he or she have any, to be noti-
fied to attend such examination. If, on such examination, the com-
plaint shall be satisfactorily established, such magistrate or justice
shall require the parent, guardian or master to enter into an engage-
ment in writing to the corporate authorities of said city, 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. Such
magistrate or justice as aforesaid 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 for twenty
days to enter into such an engagement, and to give such security,
if required, such magistrate or justice shall by warrant under his
hand, commit such child exclusively to said corporation. If the
engagement provided for in this section shall be habitually or
intentionally violated, such magistrate or justice shall, on complaint
thereof in the manner already described in this section, cause such
child to be again brought before him for examination, with notice
to the person by whom the engagement was made, or if such person
cannot be found, or no longer has the custody of such child, then
with notice to the person having the guardianship or control of such
1856, ch. 57, §2,
Comp. 1747.
Duty of super-
intendent.
Notice.
1851, ch. 332, $13,
as amended,
1866, ch. 245, $4,
Comp. 1741.
Proceedings in
case of idle,
vagabond
children under
fourteen years.
In what case
parent, etc., to
give bond.
In what case
magistrate to
give exclusive
control of child
to corporation.
442 COMMITMENT OF CHILDREN TO INSTITUTIONS.
Duty of
policeman.
1851, ch. 332, $14,
as amended,
1866, ch. 245, §5,
Comp. 1742.
Proceedings
relative to
children who
leave home or
associate with
vicious persons,
and who arc
complained of
by parents, etc.
Id. $15.
Second arrest of
ehild.
Id. §16.
Child when to
be discharged.
12 Abb. 92.
child, if any such person there be, to attend such examination, and
if the complaint shall be satisfactorily established, the magistrate
or justice, as aforesaid, shall by warrant commit such child exclu-
sively to said corporation. Nothing herein contained shall be con-
strued to relieve the person who has so violated his engagement
from the penalty prescribed by section second of chapter one hun-
dred and eighty-five of the laws of eighteen hundred and fifty-three,
and the provisions of that section are extended to this section, as
far as the same are applicable. It shall be the duty of every police-
man who shall find any child in the condition herein described, to
arrest and to bring such child before such magistrate or justice, to
be dealt with in accordance with the provisions of this section.
The board of police are hereby authorized and required to make
necessary and suitable regulations for carrying into effect the duty
hereby imposed upon said policemen.
§ 1613. If any child in the city of New York, between the ages
of seven and fourteen years, shall desert his home without sufficient
cause, or shall keep company with dissolute or vicious persons
against the lawful command of his or her father, mother, guardian,
or other person standing in the place of a parent, then upon com-
plaint upon Oath by such parent, or other person standing in the
relation of parent, any police magistrate of said city shall cause
such child to be brought before himself, or any other magistrate or
justice for examination. If such justice or magistrate be satisfied
by competent testimony that such child is one of the class of per-
sons described in this section, he shall, by warrant under his hand,
commit such child, in his discretion, to the charge of said corpora-
tion. Nothing in this section contained shall prevent proceedings
from being taken under other statutory provisions applicable to the .
class of children described in this section. Persons committed
under this and the preceding section shall be subjected to the same
general treatment as other children committed to the charge of said
corporation, or voluntarily intrusted to it.
§ 1614. If any child who has been previously arrested and
delivered to the parent or guardian as hereinbefore provided, shall
again be found in either of the conditions described in said section
fourteen hundred and sixty-three of this act, 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 said corporation, without giving the notice provided
in section sixteen hundred and nine.
§ 1615. If at any time after a child shall have been committed
to the said New York Juvenile Asylum, 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, 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
COMMITMENT OF CHILDREN TO INSTITUTIONS. 443
purposes of the asylum, the said board of directors on the applica-
tion 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.
§ 1616. The said corporation shall have power to return to the
committing magistrate, or other proper authorities, to be disposed
of in due course of law, any child whatsoever, who, for any reason,
in the judgment of the directors of said corporation, shall not be a
proper subject for its care. It shall also have power to transfer
such child to the custody of the commissioners of public charities
and correction, or to any other incorporated public institution for
the care of vagrant, homeless, Orphan or criminal children, and to
make with such institution suitable and needful arrangements for
the care, support and education of such child. Said commissioners
or such institution shall have power on their part to receive such
child from the New York Juvenile Asylum, and to enter into the
arrangements for the care, support and education thereof heretofore
specified in this section, anything in its charter or the laws govern-
ing it to the contrary notwithstanding.
§ 1617. The several magistrates in the city of New York, and
the commissioners of charities and correction are authorized to
commit and transfer to the care and management of the corporation
known as the Home for Christian Care such clildren or persons as
may come under their jurisdiction, and who may be eligible by the
constitution and by-laws of the said corporation.
§ 1618. Whenever any child above the age of seven and under
the age of fourteen years, shall be brought by any policeman of
the city of New York before any magistrate of said city or the court
of special sessions, 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 section fourteen hun-
dred and sixty-three of this act, and it shall be proved to the satis-
faction of such magistrate or court, by competent testimony, that
such child is embraced within the said section, and it shall further
appear to the satisfaction of such magistrate or court, by competent
testimony, or by the examination of the child, that, by reason of the
neglect or vicious habits of the parents, or other lawful guardian
of such child, it is a proper object for the care of such corporation,
such magistrate, instead of committing such cliild 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 the New York
Catholic Protoctory, to be and remain under its care 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 C. D., 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 section
fourteen hundred and sixty-three of the act entitled etc., etc., giving
the title of this act, and who also appears to my satisfaction to be a
Id. $17,
a8 amended,
1866, ch. 245, §6,
COInD. 1743.
In what case
corporation may
return child to
magistrate, or
hand it over to
commissioners
of public
charities and
correction.
Power of Said
commissioners.
1874, ch. 334, §3,
Comp. 1752.
Certain children
may be com-
mitted to its
CàI'ê
1863, ch. 448,
§§8, 9,
Comp. 1757.
1875, ch. 218, $2,
Comp. 1736.
Certain children
found destitute
to be committed
to New York
Catholic
Protectory.
1871, ch. 83,
Comp. 1762.
Regulation
concerning.
444 COMMITMENT OF CHILDREN TO INSTITUTIONS.
Duty of
policeman.
1863, ch. 448, §10,
Comp. 1758.
Notice to be
served on parent
of child or its
guardian.
Id. $11.
Manner of
39]"W1C0.
Form of notice,
proper object for the care of the corporation known as the New
York Catholic Protectory, 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.
“IDated this day of , 18 .”
An order so made by any such magistrate or court shall be
executed by any policeman to whom it shall be delivered by the
magistrate or court, by conveying the child therein named to the
house of reception, established by said corporation, and such child
shall be detained in such house of reception until discharged or
removed therefrom in the manner hereinafter provided.
§ 1619. Immediately upon the making of any such order the
magistrate or court 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 or court, 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 said cor-
poration, and shall be notified that, unless taken therefrom in the
manner prescribed by law, within twenty days after the service of
such notice, the child therein named shall be committed to the
asylum of said corporation.
§ 1620. 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 or court, and enter in a book to be provided for that
purpose, and kept at the house of reception of said corporation,
the fact of having served such notice, the time and manner of such
service, and the record of such fact shall in all cases be evidence of
the proper service of such notice. Whenever, after careful and
diligent search and inquiry, the policeman whose duty it was to
serve the notice above described shall not have found either the
father, mother, legal guardian, or person with whom, º to
the examination of the child, and the testimony, if any, received by
such magistrate or court, such child shall have resided, it shall be
the duty of the superintendent of the house of reception to cause
the following notice, with blanks properly filled up, 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 , eighteen , committed by to the
house of reception of the New York Catholic Protectory, and that
after careful search and inquiry made by , neither the parent,
COMMITMENT OF CHILDREN TO INSTITUTIONS. 445
legal guardians, nor 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 alleged he or she had
resided, in cases where they or either of them could be found.
§ 1621. If the party to whom any such notice shall have been
addressed, or any other person, shall, within the time therein
specified, prove to the satisfaction of the committing magistrate,
or court, that the circumstances of want and suffering, or other
circumstances above described, 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, or court, by order in writing,
addressed to the superintendent of the house of reception of said
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.
§ 1622. If such proof shall not be produced within the time
above prescribed, it shall be the duty of the magistrate, or court,
by whom the child shall have been committed to the house of
reception, 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 said corporation. Whenever the parent, guardian, or
next of kin of any child between the ages of seven and fourteen
years, about to be finally committed for any of the causes specified
in the preceding sections, shall request the magistrate to commit
such child to said corporation, it shall be the duty of such magis-
trate or court so to commit such child.
§ 1623. If, at any time after a child shall have been committed
to the said corporation, it shall be made to appear to the satisfac-
tion of the said corporation that such child was, on insufficient
cause, false or deficient testimony, or otherwise wrongfully or im-
providently so committed, the said corporation shall, on the appli-
cation 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 corporation, any circumstances
should occur that, in the judgment of the said corporation would
render expedient and proper a discharge of such child from the
said asylum, having a due regard to the welfare of the child, the
said corporation, on the application of the parents, guardian, or
1863, ch. 448, $12,
Comp. 1759.
When child to
be delivered to
parent or
guardian.
Id. §13.
When child to
be removed
from house of
reception to the
asylum.
Id. $14.
When child to
be discharged
from asylum.
protector of such child, may, at discretion, discharge the child from
the said asylum, and restore it to its parents, guardian, or protector,
on such reasonable conditions as the said corporation may deem
right and proper.
§ 1624. Whenever any child intrusted or committed to the
charge of said corporation shall, by the commission of any infa-
mous crime, or by confirmed evil habits, have become so degraded
and debased, in the opinion of the said corporation, as to be an
mproper subject for its care, the said corporation shall have power
Id. $15.
Comp. 1760,
When child to
be returned to
committing
magistrate.
446 COMMITMENT OF CHILDREN TO INSTITUTIONS.
1860, ch. 316, §
as amended,
1874, ch. 230, $1,
Comp. 1753.
Trustees fo have
the control of
certain orphans
and indigent
children.
Proviño.
Commitment by
courts and
magistrates.
Trustees may
apprentice.
Terms and COn-
ditions, powerB,
etc.
1868, ch. 775,
Comp. 1763.
PowerB Of
magistrates to
commit orphan
and friendleB8
children.
1865, ch. 106, $8,
Comp. 1769.
Action relative
to deserted
children of two
years old and
under.
to return such child to the committing magistrate, court, or other
proper authorities, to be disposed of in due course of law.
§ 1625. The trustees for the time being of the Hebrew Benevo-
lent Society shall have the sole and exclusive custody and control
of the persons of such orphans, half-orphans or indigent children
of the age not exceeding thirteen years, as they may agree to main-
tain, provide for, educate and instruct during the minority of such
orphans, half-orphans and indigent children, provided, that in
respect to any Orphan, its legal guardian or nearest relative, or one
of the governors of the alms-house, and in respect to any half-
orphans or indigent children, the parents or surviving parent, or
legal guardian, shall consent, in writing, to such child being main-
tained, provided for, educated and instructed by said society, or
that such half-orphan or indigent child shall be committed to the care
and custody of said society by any court, magistrate, or police justice
of the city of New York, in any case where such court, magistrate, or
police justice shall acquire jurisdiction under any law of this state,
and in such case such court, magistrate or police justice shall have
the like power and authority, with the consent of said trustees, to
commit to the care and custody of said corporation as can now be
exercised in regard to any other public institution; and the said
corporation can, by agreement and transfer from every other insti-
tution having the legal custody of any Orphan, half-orphan or indi-
gent children, obtain the care and custody of such child or children,
in like manner as by such aforesaid consent or commitment, and
the said trustees shall have the power and authority, on the arrival
of any such orphan, half-orphan or indigent child at the age of
thirteen years and upward, to bind them out to be taught and
instructed in some necessary or useful employment, on such terms
and restrictions, and to such persons and upon such conditions as
the said trustees may deem proper; and the said corporation is
hereby vested, in respect to the persons of all such orphans, half-
orphans and indigent children, with all the powers and authority
conferred upon the New York Juvenile Asylum, by the acts passed
June thirtieth, eighteen hundred and fifty-one, passed July eight-
eenth, eighteen hundred and fifty-three, passed April seventeenth,
eighteen hundred and fifty-four, and passed March thirtieth,
eighteen hundred and Sixty-six, so far as they are applicable to this
section. Q
§ 1626. The several magistrates in the city of New York are
authorized to commit to the care and charge of the trustees of
“The Shepherd's Fold of the Protestant Episcopal Church, in the
State of New York,” such orphan and friendless children as may
come under their jurisdiction, and who are eligible, as by the
charter and constitution of said society.
§ 1627. Whenever any child of the age of two years or under,
shall be found on any street, avenue, highway, lane, alley, public
place, dock, pier, vacant lot or yard, or in any vacant or uninhabited
room, house, tenement, shed or building of any kind in the city of
New York, abandoned or deserted, it shall be lawful for any police-
man or other person so finding such child, to take or cause the
same to be taken to the house of reception that may be provided
by the New York Infant Asylum in the city of New York, and place
such child in the custody of such corporation, thereupon making
COMMITMENT OF CHILDREN TO INSTITUTIONS. 447
and subscribing in a register, to be kept for that purpose in said
house of reception by said corporation, an entry in writing describ-
ing such child as nearly as may be, and Betting forth with particu-
larity the time and place, when and where, with the name and resi-
dence of the person by whom such child was so found, abandoned
or deserted.
§ 1628. The said corporation shall immediately thereupon cause
a notice substantially in the following form, with the blanks properly
filled, and subscribed by the superintendent of the said house of
reception, to be furnished to the police commissioners, who shall
cause the same to be posted in each of the police station-houses in
said city, viz.:
“Notice.—-This is to certify that a child of about the age of
hair , eyes , color , was on the day of y
18 , found in the city of New York, abandoned or deserted, and
has been placed in the custody of the New York Infant Asylum,
and unless reclaimed according to law, within thirty days, such
child will remain in the charge and custody of said corporation.
“Dated 18 . Superintendent.”
§ 1629. If within said period of thirty days after such notice
shall have been so posted, any person claiming to be the parent or
lawful guardian of such child shall make oath thereof before some
magistrate of the city, such magistrate shall thereupon issue a
summons to said corporation to appear before him at a time and
place to be specified, not less than two nor more than four days
from the service thereof, to attend the hearing of said claim for such
child, and with said summons shall be served a copy of the affidavit
so made before said magistrate. Upon the hearing, if the claimant
shall establish by competent testimony, to the satisfaction of the
magistrate, that such claimant is the parent or lawful guardian of
such child, such magistrate shall thereupon make an order for the
delivery of such child to such claimant. And the said claimant
may thereupon remove the said child from the custody of the said
corporation; provided, however, that if it shall satisfactorily
appear to such magistrate that such claimant, from habitual drunk-
enness, or other vicious or depraved habits, or mode of life, or
from indigence or lunacy, or other cause, is an unfit or improper
person to have the care and custody of such child, he shall there-
upon dismiss the said claim, and remand such child to the care
and custody of said corporation. And in case upon the hearing
the claimant shall fail to establish by competent testimony to the
Satisfaction of the magistrate that such claimant is the parent or
lawful guardian of such child, then such magistrate shall thereupon
dismiss the claim and remand the child to the care and custody of
said corporation.
§ 1630. In case no such claim shall be made within said period
of thirty days, or being made within that period, shall be dismissed
by the magistrate, then such child shall remain and be deemed to be
in the lawful care and custody of the said corporation; if a female,
until the age of eighteen years, and if a male, until the age of
twenty-one years, unless sooner discharged by said corporation,
as hereinafter provided.
§ 1631. If at any time within three years after any child, so
found abandoned or deserted as aforesaid, shall have been intrusted
5
Id. $9.
Notice to be
given by Super-
intendent of
house of recep-
tion relative to
deserted child.
1865, ch. 106, §10,
Comp, 1769.
Proceedings
when child is
claimed.
In what cases
child to be re-
manded to
cubtody of
corporation.
Id. §11.
Comp. 1770.
Time in which
children are to
remain in
custody of
corporation.
Id. $12.
In What cases
448 JUIRISDICTION CEDED TO THE UNITED STATES.
children to be
restored to
parents, etc.
1865, ch. 106, $13,
Comp. 1770.
In what cases
children may be
delivered to
magistrate, etc.
tit. 3, §3. "
Comp. 1517.
In the harbor of
New York.
1866, ch. 862,
§: 2, 8,
omp. 1136,1525.
1878, ch. 320,
9 y
omp.1137, 1528,
Jurisdiction
ceded to
TJnited States
over guch lands.
to the custody of said corporation as above provided, it shall appear
to the satisfaction of the board of managers, or any justice of the
Supreme court or county judge, that such child was, for any cause,
wrongfully or improvidently so intrusted, the said board shall
thereupon, on the application of the parents or guardian of said
child, discharge the said child, and restore it to such parents
or guardian. And in case at any time after such abandoned
or deserted child shall have been intrusted to said corpora-
tion, it shall appear to the board of managers, having due
regard to the welfare of such child and the purpose of said cor-
poration, expedient or proper to discharge such child, the said
board of managers may, in their discretion, thereupon discharge
such child and restore it to its parents, guardian, or other protector,
on such reasonable terms and conditions as the said board may
deem right and proper.
§ 1632. Whenever any child being in the custody of the said
corporation, shall by the commission of any crime, or by confirmed
evil habits, have become so degraded or debased as, in the opinion
of the board of managers, to be an improper subject for the care
and management of said corporation, the said corporation shall
have the power to deliver such child into the custody of some mag-
istrate or other competent authority of the city and county of New
York, to be disposed of in due course of law.
Title 14—Jurisdiction Ceded to the United States.
§ 1633. Jurisdiction has been heretofore ceded to the United
States over the following described property.
1. Bedloe's island, Ellis or Oyster island, and Governor's island,
but such jurisdiction does not prevent the execution on the said
islands of any process, civil or criminal, issuing under the authority
of this state.
2. So much and such portion or portions of the easterly end or
extremity of the lands and lands under water, commonly known as
the Battery extension, with the open slip or basin at the easterly
end thereof, not exceeding two hundred and fifty feet, and necessary
for the purpose of erecting and establishing a barge office and
other suitable buildings and structures for the transaction of the
public business connected with the United States revenue service,
and for the landing of revenue and other government boats and
barges for the use, convenience and accommodation of the United
States custom house for the port of New York, together with the
slip or basin eastwardly adjacent thereto, together with the passage
of not less than seventy-five feet in width from the aforesaid lands
and premises, over and across the lands adjacent thereto, known as
the Battery ground, for purposes of ingress and egress to and from
Whitehall street, and the triangular piece of land, lying westwardly
of and adjoining the said lands and between such lands and the slip
or basin in the battery known as the New Whitehall boat slip ; but
such jurisdiction does not impede the execution of any process,
civil or criminal, except so far as such process may affect the real
or personal property of the United States within the ceded
territory.
JURISDICTION CEDED TO THE UNITED STATES. 449
3. Such portion of the lands under water comprising what is
known as w. Bank in the lower bay of the port of New York,
and Old Orchard Shoals, as may be required and occupied by the
TJnited States in the erection thereon of wharves and warehouses
for the reception of goods and merchandise arriving in said port in
vessels subject to quarantine by the laws of this state, but such
cession is subject to the right to serve thereon any process, either
civil or criminal, issued under the authority of the laws of this
state.
4. Robin's Reef, New York harbor, containing an area of less
than one acre. The said jurisdiction is ceded upon the express con-
dition that the state of New York shall retain a concurrent jurisdic-
tion with the United States, in and over the property aforesaid, so
far as that all civil and criminal process which may issue under the
laws or authority of the state of New York may be executed thereon
in the same way and manner as if such jurisdiction had not been
ceded, except so far as such process may affect the real and personal
property of the United States; but the jurisdiction ceded, continues
in respect to said property so long as the same shall remain the
property of the United States, and be used for public purposes, and
no longer.
5. The land formerly constituting a portion of the City Hall
Park and now used as a post-office, together with such land adjoin-
ing the same on the north, which may hereafter be conveyed to the
United States by virtue of the provisions of chapter thirty-three of
the laws of eighteen hundred and seventy-nine. 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 land, 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. The jurisdiction
ceded continues in respect to said land so long as the same shall
remain the property of the United States, and be used for public
purposes, and no longer.
6. The property º on Wall street, now occupied by the
United States as an assay office; and also the property north of the
Same fronting on Pine street, and also the property adjoining said
Pine street property on the east, and now occupied by the United
States for revenue purposes. The jurisdiction is ceded, upon the
express condition that the state of New York shall retain a concur-
rent jurisdiction with the United States in and over the said prop-
erty, so far as that all civil and criminal and other process which
may issue under the laws or authority of the state of New York,
may be executed thereon in the same way and manner as if such
1866, ch, 154, $1,
Comp. 1525.
Combent of State
given to
ºute West
3ank.
1874, ch. 432,
$1 to 3,
Omp. 1529.
How far the
8tate of New
York retuing
COIl Curl'ent
jurisdiction.
1868, ch. 649, $1,
Comp. 1776.
1860, ch. 506,
Comp. 1522.
1851, ch. 118,
Comp. 1533.
State to retain
COrl Current
jurisdiction.
1857, ch. 10,
§§1 to 5,
Comp. 1520,
Condition upon
which consent
is given.
consent had not been given or jurisdiction ceded, except so far as .
such process may affect the real or ". property of the United
States. But the jurisdiction ceded continues in respect to said
property, and to each portion thereof, so long as the same shall
remain the property of the United States and be used for public
purposes, and no longer.
7. That certain tract, piece, or parcel of ground, real estate and
premises, lying and being in the first ward, and constituting the
1852, ch. 523,
§§1 to 5,
Omp. 1524.
29
450 COMMISSIONER OF JURORS.
‘Consent of 8tate
given to pur-
chase.
State to retain
Current,
jurisdiction.
1879, ch. 268, $1,
Comp, 1495.
Salary and
allowance of
commit58ioner.
66 N. Y. 162.
Salary of
commissioner.
See 1879,
ch, 268, 5 Daly,
485.
1847, ch. 495, $2,
Comp. 1495.
Bond of
commissioner.
66 N. Y. 162.
1870, ch. 539, $7,
Comp. 1496.
1853, ch. 498, $1,
Comp. 1498.
Grand jurors to
be selected by a
board for that
urpose.
4 N. Y. 485.
Id. $2.
entire square formed by Wall, William, and Hanover streets, and
Bxchange place, and the building and improvements erected
thereon, covering the whole of said square, and used for the purpose
of a custom house. The said jurisdiction is ceded upon the express
condition that the state of New York shall retain a concurrent juris-
diction with the United States in and over the said property, so far
as that all civil and criminal process, which may issue under the
laws or authority of the state of New York, may be executed thereon
in the same way and 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; but the jurisdiction ceded
shall continue in respect to said property, so long as the same shall
remain the property of the United States and be used for public
purposes, and no longer.
CHAPTER XIX.
JURORS.
Title 1.—The Commissioner of Jurors.
§ 1634. The commissioner of jurors shall be paid in full satisfac-
tion for his services a yearly salary of five thousand dollars.
§ 1635. The commissioner of jurors shall be allowed, for contin-
gent expenses, including clerk hire and all other incidental expenses,
a sum not to exceed six thousand dollars per annum, which shall be
audited and paid as the expenses of other officers of said city and
county are audited and paid ; and said salary and allowance shall
be in lieu of all fees or compensation heretofore a charge upon the
county of New York, or the mayor, aldermen and commonalty of
the city of New York.
§ 1636. The commissioner of jurors 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.
§ 1637. The commissioner of jurors shall be the judge of the
qualifications of grand jurors. He shall hear and determine all
claims for exemption, and shall keep a record of all exempts, and
of the period of time for which said exemptions are allowed.
Title 2. —- Grand Jurors.
§ 1638. The persons to serve as grand jurors at courts of oyer
and terminer and general sessions, to be held in the city of New
York, shall be selected from the persons whose names are 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. e
§ 1639. The said board shall meet at the office of the commis-
GRAND JURORS. 451
sjoner of jurors in the City Hall, in the city of New York, on the first
Monday in September in every year, and organize by the election
of one of their number as chairman. Four members 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.
§ 1640. The commissioner of jurors shall attend the meetings of
the said board, and act as clerk thereof. He shall produce, at the
meetings of the said board, all the lists of jurors in his possession.
If the commissioner of jurors shall be unable to attend, another
clerk may be appointed by the board.
§ 1641. The said board shall, within fifteen days after the first
meeting, select from the list produced by the commissioner of jurors
of persons qualified to serve as jurors in said city, a 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 men-
tioned. 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.
§ 1642. The board for the selection of grand jurors shall have
power, from time to time, to convene at the office of the commis-
sioner of jurors, to fill any vacancies in the list of grand jurors, or
to add such number of names thereto as will make up the full
complement of one thousand grand jurors.
§ 1643. The lists made out in pursuance of the provisions of
this title 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 com-
posing the board, and certified by the clerk of the board, and shall
be filed in the office of the county clerk within fifteen days after the
said first meeting.
§ 1644. The lists so filed shall be prepared and the names
thereon deposited in a box, and the names of the persons to serve
as grand jurors drawn therefrom in the manner provided in section
sixteen hundred and forty-nine of this act.
§ 1645. No person shall 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 the foregoing
Sections.
§ 1646. A grand jury must be drawn for every term of the court
of general sessions. A grand jury may be drawn for the court of
oyer and terminer, upon the order of a judge of the supreme court
elected in the first judicial district.
§ 1647. 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 addi-
tional persons to complete the grand jury for such court, the persons
who shall be summoned by him shall be first drawn from the box
Meeting of
oard.
Id. $3.
Commissioner
of jurors to
attend meetings
of board.
Id. $4.
Selection of
persons to serve
as jurors, and
list to be made.
1870, ch. 539, $26,
Comp. 1496.
Grand jury list
may be filled up.
1853, ch. 498, $5,
Comp. 1498.
1870, ch. 539, $28,
Comp. 1496.
Lists, what to
contain.
1853, ch. 498, §6,
Comp. 1498.
Names to be
placed in a box.
Id. $8.
No person to
serve unless in-
cluded in list.
1881, ch. 442,
§§225, 226.
1853, ch. 498, $7,
Drawing.
452 QUALIFICATION OJP TRIAL JUIROIRS.
1870, ch. 539, $28,
Comp. 1496.
Grand jurors,
how drawn and
summoned.
FineB.
6 | N Y. 485.
Number to be
drawn for cach
court.
1841, ch. 332, $1,
Comp. 1497.
1858, ch. 498, §6,
Comp. 1499.
Thirty-six
names of jurors
to be drawn in
New York.
1853, ch. 498, $9,
as amended,
1877, ch 417,
Comp. 1499.
Duty of clerk in
notifying alder-
men in certain
C£18628.
Penalty for
omitting to
notify aldermen
1870, ch. 530, $27,
as amended,
1872, ch. 59, $1,
Comp 1496.
A grand jury
may be
impanelcd.
Co. Civ. Proc.
1079,
omp. 1499.
Qualifications
of trial jurors.
containing the undrawn names of grand jurors, in the manner pro-
vided for the drawing of an Original panel.
§ 1648. Grand jurors shall be summoned in the same manner as
petit jurors, and the fines imposed on grand jurors for non-attend-
ance shall not be less than fifty dollars, nor more than two hundred
and fifty dollars, and the same shall be collected or remitted in the
same manner as is provided in this act in respect to petit jurors.
The ballots shall be prepared by the commissioner of jurors, and
after being carefully compared with the lists regularly selected, shall
be placed in the grand jury box. Unless the court of oyer and ter-
miner, or the court of general sessions shall otherwise direct, the
commissioner shall draw fifty grand jurors for each of said courts
on the same day that the petit jurors, to be impaneled at the same
time, shall be drawn.
§ 1649. At the time of drawing the names of jurors for the trial
of issues of fact, in any court of oyer and terminer, and at the time
of drawing such jurors for the general sessions in the city of New
York, the county clerk, in the presence and with the assistance of
the sheriff or under sheriff, and in the presence of one or more
judges of a court of record, who shall have attended for the pur-
pose of drawing the petit jury for such court, shall proceed and
draw in and for the city of New York the names of persons, from
the box in which the pieces of paper shall have been deposited for
that purpose, to serve as grand jurors at such court of oyer and
terminer or general sessions, as the case may be. The judge or
judges present shall certify to the drawing.
§ 1650. It shall be the duty of the clerk of every court for which
a panel of grand jurors shall be summoned by the sheriff of the
city and county of New York, to notify the aldermen of every case
in which less than a majority of the persons named in the panel
shall be returned as personally served, and the aldermen are hereby
robibited 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 be so notified or for making any return thereto. Any
clerk omitting to notify the aldermen as required by this section,
shall be liable to a penalty of one hundred dollars § every such
omission, to be recovered by any person suing therefor.
§ 1651. A grand jury may be impaneled in the court of oyer and
terminer, and another in the court of general Sessions, and may
meet at and sit during the same time; but whenever either grand
jury shall present an indictment aſ aimst any person for any offense,
it shall not be lawful for the other grand jury sitting at the same
time to hear or act upon the same matter, or make any presenta-
tion in relation thereto, so far as it shall relate to the person so
presented by the other grand jury.
Title 3. — Trial Jurors.
§ 1652. In order to be qualified to serve, as a trial juror, in a
court in the city and county of New York, a person must be :
1. A male citizen of the United States, and a resident of that
city and county.
2. Not less than twenty-one, nor more than seventy years of age.
EXEMPTIONS FROM TRIAL DUTY. 453
3. The owner, in his own right, of real or personal property of
the value of two hundred and fifty dollars; or the husband of a
woman who is the owner, in her own right, of real or personal
property of that value.
4. In the possession of his natural faculties, and not infirm or
decrepit.
5. Free from all legal exceptions; intelligent; of sound mind
and good character; and able to read and write the English lan-
uage understandingly.
§ 1653. A person dwelling or lodging in the city and county of
New York, for the greater part of the time, between the first day of
October and the thirtieth day of June next thereafter, is a resident
of that city and county, for that jury year, within the meaning of the
last section; and it is not necessary that he should have been
assessed or should have voted there.
§ 1654. Either of the following persons, although qualified, is
entitled to an exemption from service, as a trial juror, upon his
claiming an exemption, as prescribed in this article :
1. A clergyman, or a minister of any religion, officiating as such,
and not following any other calling.
2. A practicing physician, surgeon, or surgeon-dentist having
atients requiring his daily professional attention, and not follow-
ing any other calling, and a licensed pharmaceutist or pharmacist
while actually engaged in his profession as a means of livelihood.
3. An attorney or counsellor-at-law regularly engaged in the
practice of the law as a means of livelihood.
4. A professor or teacher in a college, academy, or public school,
not following any other calling.
5. The holder of an office under the United States, or the state,
or city or county of New York, whose official duties, at the time,
prevent his attendance as a juror.
6. A consul of a foreign nation.
7. A captain, engineer, or other officer, actually employed upon
a vessel, making regular trips; or a licensed pilot, actually follow-
ing that calling.
8. A superintendent, conductor, or engineer, employed by a rail-
road company other than a street railroad company, or a telegraph
operator, employed by a telegraph company; who is actually doing
duty in an .#. or along the railroad or telegraph line of the com-
pany, by which he is employed.
9. A grand juror, or a sheriff's juror, for the year, selected pur-
Suant to law.
10. An officer, non-commissioned officer, musician, or private,
actually serving in a brigade, regiment, battalion, company or troop,
of the national guard of the state, uniformed and equipped º
ing to law, and faithfully performing his duty, by making the
parades, and attending the drills, inspections, and reviews required
by law; or a .# or staff officer, actually performing duty as
such ; or a person who has been honorably discharged from the
national guard, after five years' service in either capacity.
11. A person who has been honorably discharged from the mili-
tary forces of the state, after seven years' faithful service therein.
But in order to entitle a person to exemption, under this subdivis-
on, his service must have been performed before the twenty-third
Id. §1080.
Who deemed a
resident.
Id. $1081
as amended,
1877, ch. 416 ;
1879, ch. 542 ;
1881), ch. 67.
Persons exempt
from Service.
454 IXCUSIES FROM JURY DUTY.
Co. Civ. Proc.
1082
§. 1501,
Evidence of
right to exemp-
tion in certain
CaSC8.
CO, Civ. Proc.
$1083.
ilitary officers
required to cer-
tify to commib-
sioner persons
performing full
military duty.
day of April, eighteen hundred and sixty-two, either as a general
or a staff-officer, or as an officer, non-commissioned officer, musician,
or private, in a uniformed battalion, company, or troop, of the
militia of the state, and armed, uniformed and equipped according
to law; or a portion thereof, during that period and in that capacity,
and the remainder, since the twenty-third day of April, eighteen
hundred and sixty-two, as a member of the national guard of the
state.
12. A person who, after faithfully performing the duties of a
fireman, in a fire company or fire department, duly organized
according to the laws of the state, for five successive years, has
been honorably discharged therefrom.
13. A person who is physically incapable of performing jury
duty, by reason of severe sickness, deafness, or other physical
disorder.
14. A person holding office under the fire or police department
of the city; or otherwise especially exempted by law.
§ 1655. The evidence of the right to exemption, as prescribed
in the last section, is as follows:
1. Under subdivision tenth thereof, where the applicant is a
member of a company or troop, the certificate of the captain, or
other commanding officer thereof, dated within three months of the
time of presenting it. Or the commissioner of jurors may, in his
discretion, receive the certified list, specified in the next section, as
sufficient evidence thereof. Where the applicant is a regimental
officer, or a staff-officer, the evidence of the right to exemption is
the certificate of the major-general, or other officer, commanding
the first division.
2. Under subdivision tenth thereof, where the applicant has
been discharged, or under subdivision eleventh or twelfth, the
certificate of discharge; and, where it does not show all the facts,
the affidavit of the applicant, or of another person acquainted with
the facts.
3. Under subdivision thirteenth thereof, the certificate of a
reliable physician, or the affidavit of the applicant, or both ; or any
other evidence satisfactory to the commissioner.
4. Under any other subdivision thereof, an affidavit of the
applicant, or an affidavit satisfactory to the commissioner, of
another person in his behalf, stating the facts, entitling the appli-
cant to exemption. Each certificate specified in this section must
be accompanied with satisfactory proof, by affidavit, of the genuine-
ness of the signature thereto; and each affidavit and certificate
must be filed with the commissioner of jurors, and must be kept
open by him, at all reasonable times, to public inspection.
§ 1656. The captain, or other commanding officer, of each com-
pany or troop in the first division of the national guard, must
deliver to the commissioner of jurors, on or before the first day of
July in each year and at any other time when he may require it, a
list, certified by him, containing the full name and residence of
each member and officer of his company or troop, who is uniformed
and equipped, and faithfully performs his duty, as prescribed in
subdivision tenth of the last section but one. No other name shall
be inserted in the list. The list must be filed in the commissioner's
office. The major-general, or other officer commanding that
EXCUSE8 FIROM JURY DUTY. 455
division, must, when necessary, issue orders to carry this section
into effect. He must also furnish to the commissioner of jurors,
when so required, a list, certified by him, containing the name and
residence of each officer or other member of that division, not com-
prised in the lists of the companies and troops. An officer who
neglects or refuses to perform the duty specified in this section; or
who includes, in a list certified by him, the name of a person who is
not described in this section; or who gives a false certificate, in a
case specified in the last section, forfeits the sum of fifty dollars for
each offense.
§ 1657. The jury year, in the city and county of New York,
commences on the first day of October. A person who has actually
served as a trial juror, in a court of record of the state, within that
city and county, twelve days within a jury year, is entitled to be dis-
charged by the court; except that he shall not be discharged until
the close of a trial in which he is serving, when the twelve days
expire. A person discharged, as prescribed in this section, is
thereafter, during the same jury year, exempt from jury service in
any county of the state. Where the certificates of one or more
clerks of the courts, made as prescribed in section sixteen hundred
and sixty-two, show that a person is entitled to a discharge, as
prescribed in this section, the commissioner of jurors must, upon
request, certify to the fact. A person cannot serve as a trial juror
in courts of record at more than two terms in a jury year.
§ 1658. The judge holding a term may, in his discretion, excuse
a trial juror from service at that term, for not more than three days
at a time, where the exigencies of his business require his tem-
porary exemption. The judge may also discharge for the term one
or more jurors, notified and attending, whose further attendance is
not required for the trial of issues at that term. Or he may dis-
charge, until a day certain, one or more jurors, notified and attend-
ing, whose attendance will not be required for the trial of issues
until that day. Each juror so discharged until a certain day must
attend at the opening of the court on that day, and thereafter until
he is discharged, without further notice. If he fails so to do, he is
liable to the same punishment, and the same proceedings must be
taken, as if he had failed to attend at the time fixed in the notice
given to him.
§ 1659. Except as prescribed in the last section, a court or
judge shall not excuse a person liable to serve as a trial juror, and
duly drawn and notified, unless it is shown, by the oath of the juror,
or, if he is unable to attend, by the oath of another person
acquainted with the facts, that he is then necessarily absent from
the city, and will not return in time to serve ; or that the interests
of the public, or of the juror, will be materially injured by his
attendance ; or that he is physically unable to serve ; or that his
wife, or a near relative of himself or his wife, has recently died, or
is dangerously sick. Where a person liable to serve is excused, in a
case specified in this section, or where a person, notified to attend
a term as a trial juror, is entitled to and claims an exemption, he can
be excused only by the judge holding the term which he has been
lººd to attend. Such an excuse does not extend beyond that
€TIO.
§ 1660. A person who has been notified to attend as a trial juror,
Id $1084.
Comp. 1502.
Jury year ;
length of jury
service required
and allowed
Id $1085.
When court
may temporarily
excuse juror
from attend-
£111Ce.
Id. §1086.
In other cascs,
jurors to be ex-
cused only on
showing certain
facts.
Co. Civ. ProC.
$1087,
456 CLERK's RETURN OF JURY SERVICE.
Comp, 1508.
Juror applying
to court to bo
excused must
produce notice,
of C.
Id. $1088.
Service in a
Court not of
record ; when
8. In 6XCUISQ.
Id. $1089.
Clerk of court
to certify to
commissioner
a8 to attend-
ance, excuses,
fines, etc., of
jurors.
Id $1090.
Commissioner
of Jurors to
select trial
jurors ; his
general powers.
Co. Civ. Proc.
1091,
omp. 1504.
and who applies to be excused, as prescribed in the last section,
must bring the notice, if he has received it, into court, and present
it in open court to the judge ; or, if he cannot personally attend, he
must send it by a person capable of making the necessary proof in
relation to his claim to be excused. A note of the excuse, and of the
reason therefor, attested by the judge, who must append his signa-
ture or his initials thereto, must also be made upon the notice to
attend ; or, if the juror has not brought it into court, upon a separ-
ate piece of paper; which must be transmitted to the commissioner
of jurors, by the clerk, as part of the return, made as prescribed in
section sixteen hundred and sixty-two.
§ 1661. A person serving as a trial juror elsewhere than in a court
of record is excused from jury duty in a court of record only during
the time of his actual service elsewhere.
§ 1662. The clerk of each court of record in the city and county
of New York must, within ten days after the close of each term for
which trial jurors have been drawn, or after the discharge of the trial
jurors, if they are discharged before the close of the term, return
to the commissioner of jurors the certified copy of the minute of
the drawing of the jurors, received from the sheriff, and the sheriff's
return thereto, or a copy of each paper, certified by the clerk;
together with each notice or other paper, attested by a judge, as
prescribed in the last section but one. The clerk must also deliver
to the commissioner there with his certificate, specifying distinctly
and in detail, as follows:
1. The name and residence of each juror who attended and
served ; the number of days the juror attended for the purpose of
serving ; and the number of days he actually served.
2. The name and residence of each juror who was excused or
discharged ; with the reason therefor.
3. The name and residence of each person notified who did not
attend or serve. s
4. The name and residence of each person fined, and the date
and amount of his fine, unless the fine has been remitted, as pre-
scribed in section sixteen hundred and eighty-two of this act.
The return and certificate must be #. in the commissioner's
office, and shall not be altered or corrected, except in pursuance of
an order of the court. If a clerk fails to make a complete return
and certificate as prescribed in this section, he is guilty of a con-
tempt of the court ; and the commissioner of jurors must institute
the appropriate proceedings to punish him accordingly.
§ 1663. Trial jurors must be selected by the commissioner of
jurors, who must alone decide upon their qualifications and exemp-
tions, except as otherwise expressly prescribed in this title. But
this section does not impair the right to challenge a particular juror
at the trial. The commissioner may issue to a person entitled to an
exemption a certificate of that fact, which exempts the person to
whom it is granted from jury duty during the time limited therein.
He must keep a record of all proceedings before him or in his office.
He is j to and must collect, for the benefit of the city, for a .
copy of a paper furnished by him, the same fees as a clerk of a
court of record.
§ 1664. The commissioner of jurors may from time to time
appoint, and at pleasure remove, one or more assistants, clerks in
DUTIES OF COMMISSIONER OF JURORS. 457
his office, and messengers, and may fix their compensation, subject
to the limitation fixed by law as to the total expenses of his office.
He may designate, in writing, an assistant to attend, in his place,
the drawing of jurors for a particular term. The commissioner, or
each assistant whom he designates for the purpose by a certificate,
filed in the office of the county clerk, may administer an oath or
affirmation in relation to any matter embraced within the provis-
ions of this title.
§ 1665. The president and commissioners of the department of
taxes and assessments, the police commissioners and all other
public officers in the city of New York, must render to the commis-
sioner of jurors all the assistance in their power to enable him to
rocure the names of persons liable to serve as trial jurors.
§ 1666. The commissioners of the sinking fund must take care
that suitable rooms and other accommodations are provided for the
use of the commissioner of jurors. If, by the first day of March in
any year, suitable rooms have not been provided for his use, for the
}. commencing on the first day of May next ensuing, he may
ease suitable rooms for that year and may pay the rent out of the
money received by him for fines and penalties. But a lease so made
shall not take effect until a majority of the members of the board,
specified in section sixteen hundred and eighty-seven, indorse there-
upon a certificate signed by them, to the effect that, in their opinion,
such a lease is necessary, in consequence of the omission to make
other suitable provision, as prescribed in this section ; that the
rooms leased are required for the proper performance of the duties
of the commissioner; that the rent payable therefor, by the terms
of the lease is, in their opinion, reasonable ; and that the lease is in
all other respects fair, just, and proper.
§ 1667. The commissioner must commence the preparation of
lists of trial jurors in the month of May in each year. For that
purpose the names of the persons liable to serve as trial jurors must
be entered in suitable books, alphabetically, with the occupation,
place of business and residence of each, as far as those particulars
can be conveniently ascertained. After the first day of June he
must publish a notice, for at least ten days, in not less than six of
the newspapers published in the city, that claims for exemptions
Will be heard by him. He may insert in or append to the notice
copies of such portions of the statutes relating to jurors as he deems
expedient. He must hear and determine all claims for exemption,
and must keep a record of the persons exempted, and of the period
of time for which the exemption of each is allowed.
§ 1668. The commissioner may cause to be personally served on
any person within the city a notice requiring him to attend at the
Commissioner's office at a specified time, not less than twenty-four
hours after the service of the notice, for the purpose of testifying
Concerning his own liability, or the liability of any other person, to
Serve as a juror. A person so notified must attend and testify
accordingly. If he fails to attend, as specified in the notice, for any
cause except physical inability, or if he refuses to be sworn or to
answer any legal and pertinent question put to him by the commis-
Sioner, he forfeits fifty dollars for each failure or refusal. One or
more successive notices may be served upon the same person, where
he fails to attend, as required by a former notice; and he is liable
Commissioner
may appoint
ussistantH, etc.,
who may
administer
Oaths.
Id. §1092.
All public offi-
cers required to
aid the com-
missioner.
Id. $1093.
Expenses of
the commis-
sioner's office,
how paid.
Id. §1094.
List of jurors to
be prepared,
etc., commis-
sioner to de-
cide as to
exemptions.
CO. Civ. Proc.
1095,
omp. 1505.
Persons may be
required to
testify as to
juror's liability
to Serve.
Penalty for
disobedience.
458 DRAWING TRIAL JURORS.
Id. 1096.
Commissioner
to return list8
to county clerk;
corrections of
lists.
Id. $1097.
Old ballots to be
destroyed and
new ballots
deposited ;
supplemental
lists ;
new ballots
therefor.
Id. §1098,
Comp. 1506.
Number of
jurors to be
drawn for each
term of court of
record.
Co. Civ. Proc.
§
hen jurors to
be drawn ; what
officers to .
attend drawing.
Id. i.
Notice of
drawing.
to the same penalty for each failure so to attend. But the com-
missioner may, in his discretion, dispense with the personal
attendance of a person so notified, where another person, cognizant
of the facts, is produced and testifies in his stead ; and where a
person has so attended twice, he cannot be required to attend again
in the same jury year.
§ 1669. On or before the first day of October, in each year, the
commissioner must return to the clerk of the city and county of
New York, to be filed in his office, certified copies of the lists, pre-
pared by him, of the persons liable to serve as trial jurors in the
courts of record for the ensuing jury year. He may, from time to
time thereafter, strike from the lists kept by him the name of a per-
son who is found by him to be exempt or disqualified. In that case
he must record the reason why the name is stricken off.
§ 1670. When the certified copies of the lists have been returned,
as prescribed in the last section, the ballots for trial jurors used in
the previous year must be returned by the county clerk to the com-
missioner, who must destroy those which are not required for the
current jury year. The ballots for the current jury year must be
prepared by the commissioner, who may use, for that purpose, so
many of the ballots prepared for the previous year as he deems
expedient. The ballots, so prepared, must be delivered by the com-
missioner to the county clerk, and deposited by the county clerk, or
his deputy, in a box, as prescribed in article second of title third of
chapter ten of the Code of Civil Procedure. The commissioner may,
from time to time thereafter, return certified copies of additional
lists, containing the names of persons liable to serve as trial jurors,
which were omitted from the former lists; and ballots containing
those names must be prepared in like manner and used for the
residue of the jury year.
§ 1671. The number of trial jurors to be drawn for each term,
and each separate part of a term, of a court of record in the city,
at which issues of fact are triable by jury must be fixed by a general
order of the court, or, if it is not so fixed for a term or a separate
part of a term, by a written order of the judge appointed to hold
the same. The order, or a certified copy thereof, must be filed in
the office of the county clerk. If the number has not been fixed, in
either mode, at the time of the drawing, one hundred trial jurors
must be drawn for each term, or for each part, if the term consists
of two or more separate parts.
§ 1672. On a day, designated by the county clerk, not less than
fourteen nor more than twenty days before the day appointed for
holding in the city a term of a court of record, at which issues of
fact are triable by jury, the commissioner of jurors, in person, or by
an assistant designated by him, the sheriff of the city and county of
New York, in person, or by his under sheriff; and one or more
judges of courts of record, residing in the city, must attend, at the
office of the county clerk, to witness and assist in the drawing of
trial jurors for the term. - -
§ 1673. At least six days before the drawing the county clerk
must publish notice thereof in at least three newspapers published
in the city. He must also cause written notice thereof to be served
upon the sheriff, the commissioner of jurors, and at least three judges
of one or more courts of record, residing in the city.
DIRAWING TRIAL JURORS. 459
§ 1674. If at least one judge of a court of record residing in the
city, and also the commissioner of jurors, and the sheriff, in person,
or represented, as prescribed in the last section but One, do not
attend, the clerk, or in his absence, the deputy clerk, must adjourn
the drawing to the next day. Thereupon the clerk must forthwith
cause to be served upon the absent commissioner or sheriff, and
upon at least three judges of one or more courts of record, residing
in the city, written notice to attend the drawing upon the adjourned
day.
'. 1675. If the officers specified in section sixteen hundred and
seventy-two attend upon the adjourned day, but not otherwise, the
clerk, or in his absence, the deputy clerk, must proceed, in their
presence, to draw the jurors.
§ 1676. The drawing must be conducted as follows:
1. The county clerk or his deputy must shake the box containing
the ballots, so as thoroughly to mix them.
2. He must then, without seeing the name contained in any
ballot, publicly draw out of the box one ballot; and continue to
draw, in like manner, one ballot at a time until the requisite number
has been drawn.
3. A minute of the drawing must be kept by one of the attending
officers, in which must be entered the name contained in each ballot
drawn before another ballot is drawn.
4. After drawing the requisite number, the minute of the drawing
containing the names of the persons drawn, with the proper addi-
tions of each, and specifying for what court and for what term they
were drawn, must be signed by the clerk or his deputy and the
attending officers, and filed in the clerk's office.
§ 1677. If the term consists of two or more separate parts, the
trial jurors for each part must be drawn, and a minute of the draw-
ing must be made, signed, and filed, and the subsequent proceedings
must be the same as if it was a distinct term.
§ 1678. The commissioner may issue to a trial juror so drawn a
printed notice, informing him that he has been drawn, and will be
duly notified by the sheriff, and containing copies of such portions
of this title as the commissioner deems advisable.
§ 1679. The clerk must deliver to the sheriff a certified copy of tº
Id. $1101.
Proceedings if
Officers do not
appear.
Id. 1102.
When jury to be
drawn on
adjourned day.
Id. §1103.
Mode of draw-
ing ; minute
lists.
Id. $1104,
Comp. 1507.
Id. Where term
consists of two
or more parts.
Id. $1105.
Commissioner
may issue notice
to jurors drawn.
Co. Civ. Proc.
06
the minute, or of each minute, if there are two or more. The sheriff sherit to notify
must notify each juror named therein to attend the term or part
for which he was drawn, by serving upon him, at least six days
before the commencement thereof, a notice, addressed to him, stat-
ing that he has been drawn as a trial juror for and is required to
attend the term or part specified in the notice. The notice may be
served personally, or by leaving it at the juror's residence or usual
place of business, º a person of proper age and discretion.
Before the commencement of the term or part, the sheriff must file
With the clerk the certified copy of the minute, with a return, under
his hand, indorsed thereupon or annexed thereto, naming each per-
son notified, and specifying the manner in which he was notified.
§ 1680. The clerk of each court, for a term of which trial jurors
are notified to attend by the sheriff, must certify to the clerk of the
board of aldermen each case where less than a majority of the per-
Sons named in a minute of a drawing are returned as personally
served. The board of aldermen are prohibited from allowing or
jurors and make
return.
Id. §§
Clerk of court
to certify as to
mode of service.
460 FAILURE OF JURORS TO ATTEND.
Id. §1108,
as amended,
1877, Ch. 416.
Court may order
new panel to be
drawn during
term.
Id. $1100.
Comp. 1508.
Court of record
to fine juror for
non-attendance;
power to remit
fine,
Id. §1110.
Juror may also
be arrested and
compelled to
$CI'We.
Id. $1111.
Jurors for dis-
trict courts :
how selected.
Punishment for
non-attendance;
clerk's duty;
penalty for
neglect.
Co. Civ. Proc.
1112.
heriff's jury :
how selected,
etc.
paying any fees or charges to the sheriff for notifying any of the
persons named in that minute or for making a return thereupon.
A clerk of a court who omits to notify the clerk of the board of
aldermen, as prescribed in this section, is liable to a penalty of one
hundred dollars for each omission, to be recovered by any person
suing therefor.
§ 1681 At any time, during the sitting of a term of court of record
in the city, the court may direct an additional number of trial jurors
to be drawn for the term, or for the part, at which the order is made.
The order must specify the number to be drawn and the time of
drawing. The drawing may be made either in open court, under
the direction of the judge, or in the ordinary manner, except that
notice is not required. The sheriff must forthwith notify the jurors
drawn, by such a notice as the court directs, to attend the term or
part at the time specified in the order.
§ 1682. Where a person, duly sworn and notified to attend a term
of a court of record as a trial juror, fails to attend at the time speci-
fied in the notice, or from day to day, the court, at that term, must
impose upon him a fine of not less than fifty or more than two hun-
dred and fifty dollars. A fine thus imposed may be wholly or partly
remitted, by direction of the judge, in open court, before the end of
the same term, and upon good cause shown, otherwise it shall not
be remitted, except as prescribed in sections sixteen hundred and
eighty-six and sixteen hundred and eighty-seven. Each remis-
sion, so made by the judge, with the reason therefor, must be
entered in the minutes of the court. This section applies to a special
juror as well as to an ordinary trial juror.
§ 1683. Where a person, duly drawn and notified, fails to attend
and serve at a term of a court of record, as required by law, without
having been excused, the court, besides imposing a fine as pre-
scribed in the last section, may direct the sheriff to arrest him and
bring him before the court; and when he has been so brought, it
may, in its discretion, compel him to serve.
§ 1684. A list of trial jurors for each of the district courts must
be selected by the commissioner of jurors, and must consist of not
less than fifty nor more than one hundred jurors. A person shall
not be placed upon such a list who does not reside in the district
in which the court is held. The judge of each district court must
impose a fine of twenty-five dollars upon each person duly drawn
and notified to attend the court as a trial juror who fails to attend
as required by the notice. The clerk of the court must, within ten
days thereafter, transmit to the commissioner of jurors a certificate
showing that the fine has been imposed, and stating how the notice
to attend was served upon the delinquent, in order that the same
proceedings may be had as in the case of a delinquent juror in a
court of record. A judge or a clerk who violates this section forfeits
one hundred and fifty dollars for each offense.
§ 1685. The board for the selection of grand jurors must, at the
time when it selects the grand jurors for each jury year, also select
from the lists of trial jurors for that year the names of not less than
one hundred and twenty nor more than one hundred and fifty per-
sons, to constitute the sheriff's jurors for that jury year. The com-
missioner of jurors must forthwith transmit to the sheriff of the city
and county of New York a list, certified by him, containing the
SHERIFF's JURORS. 461
names of the persons so selected, with the proper additions of each,
and showing that they have been selected as prescribed in this sec-
tion. The sheriff must cause ballots to be prepared as prescribed
in article second of title third of chapter ten of the Code of Civil
IProcedure, and to be deposited in a proper box. Where the sheriff
is authorized or required by law to impanel a jury for any purpose,
the requisite number of ballots must be drawn from the box, as
prescribed in that article, by the sheriff, or by his under sheriff or
deputy sheriff. . But the sheriff may, in his discretion, divide the
names contained in the list into three panels, each containing an
equal number of names as nearly as may be. ... In that case, he must
designate the months in which each panel will be used, so that the
jury duty shall be distributed equally, as nearly as may be, among
the jurors; and ballots shall be deposited in the box at the begin-
ning of each month, containing the names of the jurors designated
for that month.
§ 1686. The commissioner of jurors must cause a notice to be Id. ;
served upon each delinquent trial juror returned as having been tº
fined, stating the amount of the fine and the time at which he was £º, he
fined, and requiring him to attend before the commissioner, at the ºmnia.
latter's office, on a specified day and at a specified hour, and show tº
cause, if he has any, why the fine should be wholly or partly
remitted, or why payment of the fine should not be enforced. The
notice must be served at least six days before the day therein
specified. If the sheriff's return shows that notice to attend as a
trial juror was personally served upon the person fined, the notice
to show cause, as prescribed in this section, may be served upon
him either personally, or by leaving it at his residence or usual
place of business, with a person of suitable age and discretion ;
otherwise it must be served upon him personally. If a person so
notified fails to attend, the fine must be enforced. If he attends he
may demand a hearing before the board for the enforcement of jury
fines; otherwise the commissioner must decide with respect to the
remission of the whole or any part of the fine, and the sufficiency of
the cause shown, if any ; and his decision is conclusive with respect
to that fine, unless the person fined, within ten days thereafter,
serves upon him a written demand of a hearing before the board of
enforcement. In that case the commissioner must appoint a time
for the hearing, and the person fined must then attend without fur-
ther notice.
§ 1687. The presiding justice of the Supreme court, in the first go. Civ. Proc.
judicial department, the chief judge of the court of common pleas, i.
* tº s e º e & g * Board for
the chief judge of the superior court, the chief justice of the marine enfºment of
court, the mayor, the recorder, the city judge, the judge of the court §§§
of general sessions, and the commissioner of jurors, constitute the
board for the enforcement of jury fines. The board must meet at
the office of the commissioner of jurors, on the last Monday in Octo-
ber in each year, and on the last Monday of each month thereafter,
until and including the following month of June ; and as much
oftener as the business before it requires. Three members of the
board constitute a quorum. The board, either upon a hearing or
When acting upon a commissioner's decision, as the case requires,
has exclusive power, except as in this title otherwise prescribed, to
remit the whole or any part of a fine. The board or the commis-
l
t
462 JURY FINES.
Id. §1115.
Comp. 1510.
General powers
of board.
Id. $1116.
Commissioner
to issue warrant
to collect fines ;
sheriff's powers
and duties
thereupon.
CO. Civ, Proc.
1117.
Xomp. 1511.
TJncollected
fines to be
docketed and
enforced as
judgmentB.
sioner may, in its or his discretion, hear testimony, or determine a
case upon affidavits, and may, from time to time, adjourn the hear-
ing or final disposition of a particular case.
§ 1688. The board may compel the attendance of any person
required to appear before it, as prescribed in the last section but
one. It may issue a warrant, directed to the sheriff of the city and
county of New York, commanding him to arrest and bring before
the board a person who fails to attend at the time appointed for
hearing his case, or to pay a fine imposed upon him and not remitted
by the board. If a delinquent trial juror, duly drawn and returned
by the sheriff as personally notified to attend a term, or personall
notified to attend before the commissioner, as prescribed in the last
section but one, is, in the opinion of the board, able to pay his fine,
the board may make an order directing the sheriff to arrest him,
and imprison him in the county jail until the fine is paid, not
exceeding thirty days. The sheriff must obey such an order. The
board may make an Order directing that a person paying a fine
imposed upon him, be excused from jury duty for a period not
exceeding one year.
§ 1689. After ten days have expired since the final decision of
the board of enforcement, with respect to a fine, as prescribed in
the last section but one, if the fine has not been remitted or paid,
the commissioner must issue a warrant, under his hand, directed to
the sheriff of the city and county of New York, reciting the facts
and commanding the sheriff to collect from each person named in
the schedule annexed thereto the sum set opposite that person's
name in the schedule, and to pay over the same to the commis-
Sioner. The schedule must contain the names of persons fined and
notified to show cause, whose fines have not been wholly paid or
remitted; it must show the amount of each one remaining unre-
mitted or unpaid, and the residence or usual place of business of
each person fined, as far as it can be conveniently ascertained. The
sheriff must collect each fine, by a levy upon and sale of the personal
property of the person fined, as prescribed by law, where an execu-
tion against property is issued upon a judgment rendered in a court
of record. The sheriff is entitled in each case to the same fees as
upon such an execution, to be collected in the same manner. He
must return the warrant and schedule, with his proceedings there-
upon, to the commissioner, within thirty days after the delivery
thereof to him, and must then pay over the money collected, less
his fees. His return may be compelled by the Supreme court, in
the same manner as the return of an execution against property
issued upon a judgment rendered in that court. For his failure to
collect a fine an action may be maintained against him, in a case
where such an action may be maintained by a judgment creditor
against a sheriff failing to collect an execution against property,
and with like effect. The provisions of section sixteen hundred and
ninety-two apply to such an action.
§ 1690. The commissioner must, within thirty days after the
return of the warrant to him, file with the clerk of the court by
which each uncollected fine was imposed, a certificate to the effect
that the warrant has been returned, and showing what fines remain
uncollected. Thereupon the clerk must make, in the docket-book
of judgments kept by him, the same entries, as nearly as may be,
PTſNISHMENT FOR BRIBERY BY JUROR. 463
with respect to each uncollected fine, as if it was a final judgment
rendered in an action. If the fine was imposed by a court other
than the Supreme court, the clerk thereof must immediately trans-
mit a transcript of the entries to the clerk of the city and county of
New York, who must file it, and make the appropriate entries in his
docket-book of judgments. The commissioner must pay the clerk's
fees, at the rate allowed for similar services, with respect to judg-
ments. When the entries have been made, the fine, with interest,
becomes a lien upon the real property of the person fined, as if it
was recovered by judgment in the same court; and an execution
to collect it may be issued, directed to the sheriff of the city and
county of New York, as upon such a judgment. The commissioner
has, in relation to the execution and the satisfaction of the fine, all
the powers of the attorney for a party recovering such a judgment,
in relation to the judgment and the execution issued thereupon.
§ 1691. The commissioner of jurors must receive all money paid
or collected for fines or penalties, as prescribed in this title, and he
may make all payments therefrom which he is authorized by this
title to make. He must give a receipt for any money paid to him
for a fine or penalty. He must keep a just and faithful account of
all receipts and payments, by items, showing the name of the person
from whom each sum of money was received and to whom each sum
of money was paid, and must, at all reasonable times, keep his
account open to public inspection. At the end of each calendar
year his account must be verified by his affidavit to the effect that
it is in all respects just and true, and that he has not received any
sum of money during the year for which he has not charged himself
in the account. The account thus verified must be audited and cer-
tified by at least three other members of the board for the enforce-
ment of jury fines, and the commissioner must thereupon pay over
to the chamberlain of the city the balance, if any, in his hands.
The account thus audited and certified must immediately be trans-
mitted by the commissioner to the clerk of the board of aldermen,
and must be published in the newspaper designated, as prescribed
by law, for the publication of the .#. proceedings of city officers.
§ 1692. The corporation attorney of the city of New York must,
When required by the gommissioner of jurors, prosecute in the
proper court an action for the collection of each penalty incurred as
prescribed in this title ; unless he is satisfied, upon an examination
of the case, that there is a defense to the action. The action must
be maintained in the name of the mayor, aldermen, and commonalty
of the city of New York, as plaintiffs. The commissioner, with the
assent of the corporation attorney, may compromise, settle, or dis-
continue an action so brought. From the proceeds of an action
prosecuted to judgment and execution, or compromised as prescribed
in this section, the corporation attorney may retain the taxable
or taxed costs. He must pay over the remainder to the commis-
SIOI) GI’.
§ 1693. A physician who knowingly gives a false certificate, or
makes a false representation, for the purpose of enabling or assisting
a person to be discharged, excused, or exempted from service as a
trial juror in the city and county of New York, is guilty of a misde-
Iſle an Ol’.
§ 1694. A person to whom application is made, within the city
Id. $1118.
Commissioner
to receive fines,
etc.
His account :
how rendered
and settled.
Co. Civ. Proc.
1119.
orporation
attorney to
prosecute for
penalties ; com-
promise, etc., of
action.
Id. §1221.
Comp. 1512.
Penalty for
pººl. iving
alse certificate,
Id. $1121.
464 PUNISHMENT FOR BRIDERY BY JUIROR.
Persons
required to
furnish informa-
tion ; penalty
for refusal, etc.
Id. §1122.
Punishment for
bribery of
officers, etc.,
by juror drawn.
Id. §1123.
Id. ; for officer
acceptin
bribes, etc.
Co. Civ. Proc.
; 124.
d ; for con-
cealing offer to
take bribe, etc.
Id. $1125.
False swearing ;
when perjury.
of New York, by the commissioner of jurors, or by his authority,
for information as to a fact, upon which the liability of himself or
any other person to serve as a trial juror depends, and who refuses
to give information relating thereto, which he can give, or knowingl
gives false information relating thereto ; or a person who knowingly
makes to the commissioner of jurors, or a person acting by his
authority, a false representation as to the identity, residence, or
any other matter relating to the liability of himself or any other
person to serve as a trial juror, forfeits fifty dollars for each
offense.
§ 1695. A person who gives, pays, promises, or offers money or
any other thing to the commissioner of jurors, the sheriff, the
county clerk, or other clerk of a court ; or to the deputy of, or a
person employed by, the county clerk or other clerk of a court; or
to an officer, messenger, or other person, employed by the sheriff or
the commissioner of jurors, for the purpose of enabling or assisting
himself or any other person named or drawn as a trial juror, to
evade, or to be discharged, exempted, or excused from service; or
who knowingly makes a false statement or representation to a judge,
the commissioner of jurors, or a member of the board of enforcement
of jury fines, for such purpose ; or who knowingly retains, conceals,
suppresses, or willfully destroys a notice to attend, before the com-
missioner of jurors, or at a term of a court, or any other paper,
relating to the liability to serve, or service, as a trial juror, left at
the residence or place of business of another, who has been named
or drawn as a trial juror, is guilty of a misdemeanor. The district
attorney must prosecute for each offense, specified in this or the
next two sections, which comes to his knowledge.
§ 1696. An officer, or a person employed by the sheriff, by the
commissioner of jurors, or by the county clerk, or other clerk of a
court, who takes money, Or any other thing as a gift, bribe, or pay-
ment, for the purpose of enabling Or assisting a person named or
drawn as a trial juror to evade, or to be discharged, exempted, or
excused from jury duty; or who willfully and knowingly prevents
or hinders the execution of any provision of this title, is guilty of a
misdemeanor.
§ 1697. A person named or drawn as a trial juror, to whom an
offer or suggestion to procure his discharge, exemption, or excuse
from jury duty, for or in consideration of a corrupt inducement or
reward, is made by any person, and who fails within twenty-four
hours thereafter to inform the commissioner of jurors thereof, is
ulty of a misdemeanor.
§ 1698. A person who swears falsely in an affidavit, or testifies
falsely upon an inquiry, made as prescribed in this title, is guilty of
perjury, in a case where falsely swearing in an affidavit used upon a
motion in a civil action, or falsely testifying upon the trial of an
issue of fact in such an action, would constitute that crime.
APPOINTMENT OF MARSHALS. 465
CHAPTER, XX.
MARSHALS AND NOTARIES PUBLIC.
Title 1.- The Marshals.
§ 1699. In eighteen hundred and eighty-five the mayor shall
nominate and, by and with the consent of the board of aldermen,
appoint thirty-seven marshals, who shall hold their respective
offices for the term of six years from the first day of May in said
year. Any person appointed after the commencement of the term
as herein prescribed shall hold only until the expiration of such
term and until a successor is duly appointed and qualified. There
shall be appointed in like manner, in every sixth year thereafter,
the same number of marshals, who shall hold office for six years
from the first day of May in the year in which they are required to
be appointed. The provisions of section one hundred and six of
this act apply thereto. Each of said marshals shall be a resident
of the district wherein the court for or to which he is appointed is
located. Two of said marshals shall be assigned to the district
court in the district composed of the twenty-third and twenty-
fourth wards.
§ 1700. No marshal shall be permitted to enter upon the duties
of the office until he shall execute a bond, with two sufficient sure-
ties, who shall be residents of and shall 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, and any par-
ties 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, 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.
§ 1701. Any person who shall be aggrieved by any official mis-
conduct on the part of any marshal, and who may desire to prose-
cuto 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, 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, stat-
ing 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 satisfac-
torily to such court :
1. That a judgment has been obtained in his favor against such
marshal for official misconduct, specifying the time when and the
1871, ch. 804, $1,
Comp. 1479.
1875, ch. 349,
Comp. 1480.
1873, ch. 335, $25,
Comp, 68.
Number and
manner of
appointment of
marshals.
Vacancies,
how filled.
1862, ch. 484, §4,
Comp. 1475.
1875, ch. 349,
Comp. 1480.
1862, ch. 484, §5,
Comp. 1475.
Bond.
Approval of
Sureties.
Bond to be
led.
Id. §6.
Prosecution of
bond,
30
466 ACTIONS ON MARSHALS' BONDS.
1862, ch. 484, $7,
Comp. 1476.
Where bond
may be
prosecuted.
Id. §8.
Transcript of
judgment.
To whom execu-
tion to j68 ue.
Id. $9,
Comp. 1477.
Entry to be
made on bond.
Id. $10.
Amount
collected to be
credited on
bond.
Id. $11,
as amended,
1864, ch. 569, $1.
court whereby such judgment was rendered, and the amount
thereof.
2. That transcript of such judgment has been filed in the office
of the clerk of the city and county 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.
3. 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.
§ 1702. Such justice may order such bond to be prosecuted in
any of the district courts or in the marine court, and either of said
courts shall have jurisdiction in 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 included
in the judgment obtained upon such bond.
§ 1703. Whenever any judgment shall be rendered against any
marshal or his sureties in the marine court, or in any of the district
courts, a transcript thereof shall be filed in the office of the clerk
of the court of common pleas, 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 manner as other judgments of said
court. And no execution on such judgment shall issue to any other
officer than the sheriff, and all such executions must be made
returnable to the clerk of said court.
§ 1704. The clerk of said court shall make a memorandum on
the official bond of every marshal, upon the filing of every tran-
script 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 judgment shall have di. to
include in such judgment, together with whatever other disburse-
ments are or may be necessarily incurred in said action, and the
said bond shall be canceled to the amount of such judgment.
§ 1705. Whenever any action shall be commenced against the
sureties of any marshal, and such sureties shall pay the amount 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 such
action, acknowledging such payments to such clerk aforesaid, and
upon such clerk indorsing such payment on such bond, it shall be
canceled to the amount so paid.
§ 1706. Whenever any complaint shall be made by any person
against any marshal aforesaid for official or disorderly conduct,
or for fraudulent practices in and about said courts, to the court of
common pleas, and it shall satisfactorily appear to such court, after
hearing said marshal in regard to such complaint, that such mar-
MARSHALS’ FEES. 467
shal is guilty of the offense charged by such person against him,
such court may order that such marshal be suspended from per-
forming the duties of the office for such time as the said court of
common pleas may direct; or such court may, in its discretion,
remove such marshal from office, and forbid and prevent him from
further performing or exercising any duties as marshal aforesaid,
and on such removal being made, some competent person shall be
appointed in his place to fill such office.
§ 1707. Whenever judgment shall be rendered against the official
bond of any marshal sufficient to cancel the same, the clerk of the
court of common pleas aforesaid shall report to the mayor that
fact, and it shall be the duty of the mayor 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 notified so to do, he
shall be removed by the mayor aforesaid, or suspended from per-
forming 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.
§ 1708. Every marshal shall, within thirty days after his appoint-
ment, enter into a bond in the manner aforesaid, or he shall be
deemed to have waived his appointment 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.
§ 1709. Every summons, order of arrest, attachment, or other
process issued by or out of any district court, or by any justice
thereof, and every summons or precept issued by the clerk of a dis-
trict court, and every summons issued by any justice thereof, shall
be served and executed by a marshal of said city, except that the
justice of the court wherein the action is commenced may depute
some competent person to serve the summons and complaint in
any such action; but the person so deputed to serve such sum-
mons and complaint shall not be entitled to any fees or other
compensation therefor, except the persons who serve process for
the corporation attorney.
§ 1710. Fees shall be allowed to the said marshals for services
rendered under the provisions of this title, as follows: For serving
a summons, order of arrest, or attachment on One defendant, one
dollar, and for every additional defendant actually served, fifty
cents; for a copy of every summons delivered on request, or
served, fifteen cents; for a copy of every attachment and of the
inventory of the property attached, fifty cents; for serving and
levying an execution or selling under an attachment, five cents for
every dollar collected to the amount of one hundred dollars, and
two and a half cents for every dollar collected over one hundred
dollars; for every mile, going only, more than one mile, when serv-
ing a summons, order of arrest, attachment or execution, six cents,
to be computed from the place of abode of the defendant, or where
he shall be found, to the place where the same is returnable ; for
summoning a jury, one dollar and fifty cents; for going with the
plaintiff or defendant to secure security, when security is ordered
by the court, one dollar; for taking the defendant into custody on
an order of arrest, execution, or commitment, two dollars and forty
cents; serving a subpoena, twenty-five cents; for every levy actually
1862, ch. 484, §12,
Comp. 1477.
When bond to
be renewed.
Id. §13.
Comp. 1478.
When appoint-
ment or election
of marshal
waived.
Id. $14,
as amended,
1879, ch. 102, $1.
Process by
whom served.
Id. $15,
as amended,
1865, ch. 569,
Marshals' fees.
468 NOTARIES IPUBLIC.
1865, ch. 400, $2,
Comp. 1480.
1858, ch. 44, §2,
Comp. 1469,
and numerous
acts in Comp.
on pages 1409 to
1474.
1880, ch. 160, $3.
1875, ch. 87, $1
as amended
1875, ch. 35A,
Comp. 1478.
Collection, etc.,
Of sum from
notarics.
1873, ch. 807, §1,
as amended,
1875, ch. 458, §1,
Comp. 14 16.
1880, ch. 23 ſ, $1,
Notarics public
of countics
named may ſile
certiſicate of
their appoint-
ment, cte., in
any other of
Said counties.
Clerk to subjoin
certificate,
made by virtue of an execution, one dollar; for serving a writ of
possession or restitution, putting any person entitled into the pos-
session of premises, and removing the tenant, when such powers
can be exercised by a marshal, one dollar; and the same ſº for
traveling to serve the same as are herein allowed for serving a sum-
mons; for advertising for sale any property by virtue of any execu-
tion or attachment issued out of a district court, or by any justice
thereof, one dollar; for every day necessarily employed in attending
such sale, one dollar. The said marshals shall perform all other
services required of them by law without any fees or compensation
whatever therefor, and no other fees, charges or compensation shall
be allowed to, demanded or charged by any of the said marshals.
§ 1711. All provisions of law in relation to the taking of prop-
erty by sheriffs of counties shall apply to the taking of property
by the said marshals.
Title 2.-Notaries Public.
§ 1712. 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 twenty seven
hundred and ten. But there may be from time to time appointed,
in addition to such number, one notary on the application of each
bank located in said city. At the time of subscribing or filing the
oath of office, the clerk of the city and county of New York shall
collect from the person appointed the sum of fifty cents, and the
said clerk shall annually account therefor to the state treasurer.
But such clerk shall be entitled to retain from the gross amount so
received the fees now allowed by law to him from the state for noti-
fying such notaries public of their appointment to office, for giving
notice to the governor of such notaries public as have taken the
oath of office, and for giving such notice of notaries public who
have neglected to take the oath of office, or of vacancies created for
any cause in such office.
§ 1713. Any notary public appointed for the county of Kings,
Queens, Richmond, Westchester, Putnam, Suffolk and Tłockland, or
for the city and county of New York, upon filing a cortified copy of
his appointment, with his autograph signature, in the clerk's office
of any other of said counties, is hereby authorized to oxercise all
the functions of his office in such other of said counties, and also in
the county in which he resides for each of such counties, with the
samo effect as he now possesses by law in the county for which he is
appointed. And the county clerk of any of said counties in whose
office any notary public, appointed as aforesaid, shall have filed a
certified copy of his appointment, with his autograph signature, is
hereby authorized and required, whenever so requosted, to subjoin
to any certificate of proof or acknowledgment, signed by such notary
public, a certificate under his hand and official seal, specifying that
said notary public has filed a certified copy of his appointment,
with his autograph signature, in his office, and was, at the time of
taking such proof or acknowledgment, duly authorized to take the
same, and that said clerk is well acquainted with the handwriting
DUTIES OF THE SHERIFF. 469
of said notary public, and verily believes that the signature to the ſº
said certificate of proof or acknowledgment is genuine. And any ºft"
conveyance so proved or acknowledged, and having such county “
clerk's signature subjoined thereto, shall be entitled to be read in
evidence or to be recorded in any of the counties of this state.
CHAPTER XXI.
THE COUNTY OFFICERS.
Title 1.—The Sheriff.
§ 1714. The bond to be executed by the sheriff of the city and ...'...'
enalty in hi
county of New York shall be in the penal sum of twenty thousand ſºlº in his
dollars, with two sureties. Every such bond shall be filed in the
clerk's office of the county, and the clerk shall, at the time of filing
the same, administer an oath to each of the sureties named therein,
that he is a freeholder within this state, and worth the sum of 1 R.S., ch, 12.
twenty thousand dollars; which oath shall be indorsed on the bond, gº."
and subscribed by each of the sureties in the presence of the clerk, #.
who shall, notwithstanding, judge of and determine the competency
of such sureties.
§ 1715. The sheriff shall have the custody of the jail used for {..}; e.
the confinement of persons committed on civil process only, and of $130.
the prisoners in the same. The building now used as a jail for the Šºšº'"
confinement of such persons shall be and continue the jail of the *
city and county of New York for the confinement of such persons.
The liberties of the jail are the whole of the city.
§ 1716. The sheriff shall keep his office open for the transaction 1850, ch, 154, §1.
of business every day in the year except Sundays; the first day of Šºš'
January, commonly called new year's day; the twenty-second day :"...”
of February, known as Washington's birthday; the thirtieth day of holidays.
May, commonly called decoration day; the day observed as the
anniversary of American independence; election day; the day
appointed by the governor of this state as a day of general thanks-
giving, and the twenty-fifth day of December, commonly called
Christmas, from nine o’clock in the forenoon to four o'clock in the omee hours.
afternoon. Whenever any of the holidays mentioned aforesaid º,
shall fall on Sunday, the Monday next following shall be deemed *
i. ºridered as the first day of the week or Sunday, and a public
holiday.
§ 1717. All orders of arrest, warrants of attachment, executions 1880, ch. 398, si
and proceedings to recover personal property in civil actions,
except when the sheriff is a necessary party thereto, made or issuing
out of any court of record in the city and county of New York,
whether by statute or otherwise, shall be issued to the sheriff only.
§ 1718. The sheriff shall, on the first day of every month, trans- ºchº, 5,
mit to the secretary of state a statement of the number of persons §§ fºot
convicted in courts of special sessions during the preceding month **
in New York. 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 of any crime or not, and whether temperate or
470 SALARY AND FEES OF COUNTY OTLERIK.
1842, ch. 130, $2,
Comp. 1443.
J. R. S. ch. 5,
Comp. 1436.
1830, ch. 58, $2,
Comp. 1452.
1842, ch. 130, $6,
Comp. 1443,
Vacancies in
office of clerk.
1 R. S. ch. 5,
title 1, $15,
Comp. 1436.
º 432,
§mp. 1439.
Compensation
of clerk.
The board of
aldermen may
increage or
diminish 8alary.
1853, ch. 142,
čomº. 1447.
Clerk’8 fee8
authorized.
Id. §3.
Competent
searchers to be
employed.
Id. $4.
intemperate. All courts in the city of New York having jurisdiction
in cases where criminal convictions are had, are hereby, for the
purposes of this chapter, declared courts of special sessions, whether
composed of one or more police magistrates.
Title 2–The County Clerk.
§ 1719. The clerk of the city and county of New York shall be
chosen at a general election.
§ 1720. In every case where a vacancy shall occur in the office
of clerk of the city and county of New York, the governor shall
appoint some fit person who is eligible to the office to execute the
duties thereof until it shall be supplied by an election. The person
so appointed, after taking the oath of office and executing a bond, if
one be required of the officer in whose place he shall be appointed,
shall possess all the rights and powers, and be subject to all the
duties and obligations of the officer to whom he succeeds. When
the right of office of a person elected to the office of clerk shall
cease before the commencement of the term of service for which he
shall have been elected, a special election shall be held to elect a
SUICCéSSOI’.
§ 1721. The office of clerk of the city and county is so far local
as to require the residence of every person holding such office within
the city.
§ 1722. There shall be allowed to the clerk a salary at and after
the rate of three thousand dollars a year as his compensation, which
shall be in lieu of all fees, perquisites, and emoluments for dis-
charging the duties of county clerk, and for the performance of any
other duty prescribed by law, directly or indirectly, to the said
clerk, or which he may perform by virtue of that office, except as
in the next section provided. The board of aldermen may, in every
second year after the year one thousand eight hundred and eighty-
one, increase or diminish the salary of the county clerk, but no such
increase or diminution shall reduce said salary below two thousand
dollars or increase it above three thousand dollars.
§ 1723. The clerk 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 tran-
scripts of judgments 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.
It shall be lawful for the said clerk to retain to his own use the
fees specified in this section.
§ 1724. It shall be the duty of the said clerk 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 the
searchers in the said office shall draw no salaries from the city
treasury.
§ 1725. It shall be the duty of said clerk, on the receipt of any
DUTIES OF THE COUNTY CLERK. 471
order directing the 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 therefor, and he
shall be held legally liable for all damages resulting 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.
§ 1726. All the fees, perquisites, and emoluments of the clerk,
or which he may now or hereafter by law be permitted or entitled
to take by virtue of his office, for all official services whatsoever
rendered by him, shall, except as otherwise specially provided,
belong to and be for the benefit of the city and county of New
York, and shall be collected by him, and accounted for and paid
over into the treasury of said city and county.
§ 1727. The said clerk shall have the power to appoint so many
assistants to aid him in the performance of the duties of his office
as he shall deem necessary for that purpose, not exceeding the
number now authorized by law, and which he shall, from time to
time, be authorized to appoint by the board of aldermen, 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 as herein
otherwise provided. The appointment of every assistant under and
by 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 act of
such assistant.
§ 1728. It shall be the duty of the clerk 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 actually received by such officers, respectively, for any
service done by him or his assistants in his or their official capacity,
by virtue of any law of this state ; and of all fees, perquisites, and
emoluments which such clerk shall be entitled to demand and
receive from any person for any service rendered by him in his offi-
cial 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
record are.
§ 1729. A transcript of such accounts, to be made in such form
as shall be prescribed by the comptroller of the city, shall be trans-
mitted by such officer for each calendar month, and within ten days
from the expiration thereof, to the comptroller, which shall be ver-
ified by the oaths of such officer, or by his assistant, which tran-
Clerk to make
Hearches with .
out delay.
Clerk liable for
damages for
eIFOT8.
1874, ch. 342, $1,
as amended,
1853, ch. 610, $4,
Comp. 1439.
Fees and emolu-
Incrl tº F hall bo-
long to the city
of Now York.
Id. §§7, 8,
as amended,
1861, ch. 15,
Comp. 1440.
A88istants may
be appointed.
Appointments
to be made in
writing.
Id. $9,
as amended,
1853, ch. 619, §4,
Comp. 1440.
Exact accGIlnt
of fees to be
kept.
15 How. 159.
1847, ch. 432, $10,
Comp. 1441.
Transcripts of
accounts to be
made to city
comptroller
monthly.
472 SUBORDINATES IN COUNTY CLERK's OFFICE.
1874, ch, 432, §11.
Comp 1441.
Compensation
to assistants
when allowed.
Id. §12.
Penalty for
neglect, etc
1866, ch. 572,
$1, 2,
o mp. 1449.
1847, ch. 432, $7;
1861, ch. 15,
Comp. 1450.
1867, ch. 415, $2,
Comp. 1451.
1869, ch. 875, $1,
Comp. 1 #50.
1870, ch. 382, $1,
Comp, 14.51.
Itesolutions of
supervisors.
I)ec 29, 1817;
Dec. 22, 1863;
Feb. 27, 1800;
May 26, 1863;
Nov. 24, 1869;
Dec. 28, 1854;
Dec. 23, 1862;
Dec. 27, 1852;
Mar. 2, 1863
script shall contain a statement of all moneys received by such
officer for fees, perquisites and emoluments, for services done by him
or his assistants, in his official capacity, by virtue of any law of this
state since making the last preceding transcript and return, specify-
ing 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 officer or his 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 officer,
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.
§ 1730. No account for the compensation for services of an
assistant to be appointed under and by virtue of this title, shall be
allowed until such assistant shall have certified, on oath or affirma-
tion, that the services have been performed for which such account
may be rendered, and that he has not in any way, directly or indi-
rectly, paid or given, nor contracted to pay or give, any reward or
compensation for his office or employment, or the emoluments
thereof.
§ 1731. Any officer referred to in this title, who shall receive to
his own use, or neglect to account for in such mode as the board of
aldermen may direct, any fees, perquisites, or emoluments by this
title 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 comp-
troller 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 ..".
tiary 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 title.
§ 1732. There may be in the office of the county clerk, in addition
to the persons appointed by him and attached to the supreme court, the
following persons, who shall be appointed and may be removed by him
at pleasure : a deputy county clerk, at an annual salary of thirty-five
hundred dollars; an assistant deputy county clerk, at an annual
salary of three thousand dollars; a mechanics' lien clerk, at an annual
salary four thousand dollars; a dockei clerk, at an annual salary
of three thousand dollars; an assistant docket clerk, at an annual
salary of twenty-five hundred dollars; a clerk of records, at an
annual salary of twenty-five hundred dollars; a bookkeeper, at an
annual salary of fifteen hundred dollars; a clerk in chancery, at an
annual salary of fifteen hundred dollars; two recording clerks, at an
annual salary of fifteen hundred dollars each ; eight recording
clerks, at an annual salary of twelve hundred dollars each ; three
recording clerks, at an annual salary of eleven hundred and twenty-
five dollars each ; one recording clerk, at an annual salary of nine
DUTIES OF THE REGISTER. 473
hundred dollars; one recording clerk, at an annual salary of six
hundred dollars; one recording clerk, at an annual salary of four
hundred and fifty dollars; one messenger, at an annual salary of
nine hundred dollars.
§ 1733. Whenever any books or records affecting titles to real
estate, or liens on the same, or any other books or records, or tran-
scripts of judgments, in the office of the clerk of the city and county,
shall have become mutilated or injured, by use or otherwise, so that
they cannot be conveniently or correctly examined, the said clerk
shall cause copies of the same to be made ; and the expenses thereof
shall be a charge upon the said city and county, and shall be paid by
the comptroller upon the certificate of the said clerk that such
copies were made pursuant to his orders, at the rate of six cents per
folio, not to exceed the sum of ten thousand dollars. The said
copies, when certified by the said clerk to be correct copies of the
original, shall have the validity of the said original.
§ 1734. The clerk shall forever be relieved, restrained, and pre-
cluded from doing or 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 here-
after may be directed and required to be recorded or registered,
save as otherwise specially provided by law.
§ 1735. It shall be the duty of the clerk to assign one or more
suitable persons in his office to have the custody of the records in
said office during office hours, by whom or in whose presence, under
the direction of said clerk, all examinations of such records shall be
made ; such persons, however, shall be paid by such clerk, and not
by the city and county of New York.
§ 1736. The board of aldermen are authorized to require from
the county clerk and any of his assistants such security for the
faithful performance of these duties as to said board seems neces-
sary and proper.
Title 3.−The Register.
§ 1737. The register shall be chosen at a general election. A
special election shall be held when the right of office of a person
elected to the office of register shall cease before the commencement
of the term of service for which such officer shall have been elected.
§ 1738. In every case where a vacancy shall occur in the office of
register the governor shall appoint some fit person who was eligible
to the office to execute the duties thereof until it shall be supplied
by an election. The person so appointed, after taking the oath of
office, shall possess all the rights and powers, and be subject to all
the duties and obligations of the officer to whom he succeeds.
§ 1739. The register is so far local as to require the residence of
every person holding such office within the city.
§ 1740. The register is authorized to appoint a deputy register,
and also an assistant deputy register, each of whom shall, within
the office of the said register, possess the same powers and be sub-
Ject to the same duties and responsibilities as the deputy county
clerks in the various counties of this state are possessed of, and sub-
ject to their respective offices. The compensation of each of said offi-
1867, ch. 415,
Comp. 1449.
Repairing
records.
See 1846, ch 122.
1813, ch. 86, $160,
Comp. 1454.
Clerk of New
York inhibited
from perform-
ing certain acts.
1861, ch. 172, §1,
Comp. 1446.
Custody of
records.
1847, ch. 432, §13,
as amended,
1853, ch. 610,
Comp. 1441.
1842, ch, 130,
* •)
§omp. 1443
Special
elections.
Comp. 1450.
Vacancies in
office.
1 R. S., ch. 5,
tit. 1, $15,
Copmp. 1136.
1853, ch 610, $1,
Comp, 1452.
Deputy and as-
sistant register
may be
appointed.
15 FIOW. 159.
1830, ch. 58, §1,
Comp. 1452.
474 DUTIES OF THE REGISTER.
cers shall be fixed and paid by the said register. As often as such
deputy register shall die, or be removed from office, or remove out
of the said city and county, or become incapable of executing the
office, another shall be appointed in his place, by writing, under the
hand and seal of the register ; and every such deputation or appoint-
ment shall be recorded in the office of the clerk of the city and
county of New York; which said deputy register shall, in case of
the death of the said register, perform all the duties and receive
the emoluments appertaining to the said office of register, and be
subject to the same penalties that the register of said city and county
would be liable to if living, until a new register be appointed and
duly sworn.
º § 1741. The register shall keep open his office for the transac-
ºte.” tion of business, every day in the year, except Sundays, and such
§.” other days as are or shall be declared by law to be holidays, from
nine o'clock in the forenoon to four o’clock in the afternoon.
1867, ch, 172, $1, $ 1742. It shall be the duty of the register to assign one or more
w 6. tº º tº e
§º suitable persons in his office to have the custody of the records in
records. said office during office hours, by whom or in whose presence, under
the direction of said register, all examinations of such records shall
be made ; such persons, however, shall be paid by such register,
and not by the city and county of New York.
§"#. $2, § 1743. It shall be the duty of said register to cause any and
jº every written order or written requisition for search to be made
uties. t
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 injuries 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 forth-
with complete and certify the same, and shall forfeit all fees therefor.
gºº. § 1744. All that part of the duty performed prior to the ninth
#eº" day of April, eighteen hundred and thirteen, by the clerk of the
jihad, city and county of New York which appertains and relates to the
registering of mortgages, and to the recording of deeds, conveyances,
Register to be and other writings, which by law are directed, or hereafter may be
inted. e º s
##, and directed, to be registered or recorded, shall continue to be held,
º exercised, and enjoyed by the register in and for the city and county
of New York; and such register shall have and enjoy all the rights
and powers and perform all the duties which were formerly per-
formed 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.
Register’s fees. § 1745. The transcript of all records certified by the said register
Transcripts of & © & º tº º
ºfteq may be read in evidence in any court of this state, without further
ge A | tº 3 & e
jºin declared proof of such deed, conveyance, or other writing so recorded in the
said office.
tºº, § 1746. Whenever any such assessment, rate, tax, charge, debt,
Éiºry of is duty, or demand shall be satisfied or discharged, and a certificate
: signed by the incumbrancers, their successors, executors, adminis-
trators, or assigns, or any person by them thereunto authorized,
and proved and acknowledged in the manner by law required for
the acknowledgment or proof of deeds, shall be produced to the
DUTIES OF THE REGISTER. 475
said register, such register shall enter into the said book of registry
a minute of such discharge and certificate, which minute shall be
deemed and taken to be a full and absolute bar to the first entry of
such note or memorandum of such assessment, rate, tax, charge,
debt, duty or demand; but it shall not be necessary for the said
register, on entering such minute or registering any such note or
memorandum aforesaid, to record or register the same, or any cer-
tificate of the proof or acknowledgment thereof, at length or more
fully than hereinbefore is directed ; and the said register shall be
entitled to demand and receive from the person producing such
certificate of discharge, for entering such minute thereof, the sum
of twenty-five cents.
§ 1747. The said register shall make an index to each book of
registry of mortgages and incumbrances, and also a general index to
all the said books of registry of mortgages and incumbrances, and
shall from day to day and from 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 regis-
tered or entered, and also in the said general index of the name and
names of each and every mortgagor, debtor, and owner or proprie-
tor 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 day-
time, and which the said register shall be bound to exhibit to those
who wish to search. No additional charge shall be made for such
indexes as are herein directed to be made by the said register.
§ 1748. No deed or conveyance in fee simple absolute of any
lands, tenements, hereditaments, 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 hun-
dred and eleven, shall be deemed or taken 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, 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
º, previous to a subsequent purchase or mortgage as afore-
S8,1Cl.
§ 1749. Every such deed or conveyance which shall hereafter be
made and executed, in order to be good and effectual in the law, as
against any subsequent purchaser or mortgagee, boma 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.
Id. §164.
Index to books
of registry.
1813, ch. 86, §165,
Comp. 1456.
Id. $170.
Deeds to be
recorded.
1813, ch. 86, $171,
Comp. 1856.
Deeds hereafter
made to be
recorded.
476 FILING CHATTEL MORTGAGES.
#º.,,..., § 1750. The said register shall make a note or memorandum on
jiàº'à," any deed or conveyance hereby directed to be recorded, and which
... ."” shall be left with }. or in the said office, to be recorded, of the
jºº day, month, and year, and the hour of the day, when the same shall
date. so be left with him, or in his office, to be recorded as aforesaid ;
and the record thereof shall bear date corresponding with the time
mentioned in such note or memorandum.
Id. $173. § 1751. The said register shall make an index to each book of
;:de, such records, and from day to day and time to time as the same
tº book of 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 convey-
ing 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. No additional charge shall
be made for such index as is before directed to be made.
1843, ch. 199, $1, $1752. The register shall provide proper books for making
§§e general indices of deeds and mortgages, and shall form indices
::::::::::, therein in such manner as to afford correct and easy reference to
the several books of record in his office. 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 be-
tween each class of names for subsequent entries.
1833, ch. 279, § 1753. Every mortgage, or conveyance intended to operate as a
#p. 145s, mortgage of goods and chattels, hereafter made, which shall not be
ºvoid accompanied by an immediate delivery, and be followed by an
unless fled 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
How and where directed in this section. The instruments mentioned in this section
to be filed. shall be filed in the several towns and cities of this state, where the
mortgagor therein, if a resident of this state, shall reside at the
time of the execution thereof; and if not a resident, then 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 instru:
ment shall be filed in the office of the register of said city; such
register is required to file all such instruments aforesaid presented
to him for that purpose, and to indorse thereon the time of receiv-
ing the same, and shall deposit the same in his office, to be kept
there for the inspection of all persons interested.
Id. $174.
gº § 1754. Every mortgage filed in pursuance of the preceding sec-
#yº tion shall cease to be valid as against the creditors of the person
making the same, or against subsequent purchasers or mortgagee:
in good faith, after the expiration of one year from the filing thereof,
unless, within thirty days next preceding the expiration of the said
FILING CHATTEL MORTGAGES. 477
term of one year, a true copy of such mortgage, together with a
statement º, 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 of register aforesaid of the town or city
where the mortgagor shall then reside.
§ 1755. A copy of any such º instrument, or of any copy
thereof, so filed as aforesaid, including any statement made in pur-
guance of the last section, certified by the 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 register thereon, and of
no other fact ; and in all cases the original indorsement by the
register upon such instrument or copy shall be received in evidence
only of the facts stated in such indorsement.
§ 1756. The register shall number every such instrument or
copy which shall be filed in his office, and shall enter in books to
be provided by him, 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.
§ 1757. For services under the four preceding sections the regis-
ter 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, six cents to every party to such instrument; for search-
ing 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.
§ 1758. The register, upon being paid the fees allowed therefor
by law, shall receive and deposit in his office any deeds, convey-
ances, wills, or other papers or documents which any person shall
offer to him for that purpose, and shall give to such person a writ-
ten receipt therefor. Such instruments, papers and documents
shall be properly indorsed, so as to indicate their general nature,
and the names of the parties thereto shall be filed by the officer
receiving the same, stating the time when received, and shall be
deposited and kept by him and his successors in office, with his
official papers, in some place separate and distinct from such
papers.
§ 1759. The instruments, papers and documents so received and
deposited shall not be withdrawn from such office, except on the
order of some court of record, for the purpose of being read in evi-
dence in such court, and then to be returned to such office ; nor
shall they be delivered without such order to any person unless
upon the written order of the person or persons who deposited the
same, or their executors or administrators. Such instruments,
papers and documents so deposited shall be open to the examina-
tion of any person desiring the same, upon payment of the fees
allowed by law.
§ 1760. The register, upon being paid the fees allowed therefor
by law, shall receive and deposit in his office any last will or testa-
ment which any person shall deliver to him for that purpose, and
shall give a written receipt therefor to the person depositing the
Same. Such will shall be inclosed in a sealed wrapper, so that the
Contents thereof cannot be read, and shall have indorsed thereon
Id. §4.
A copy to be
received in
evidence.
Id. $5.
Mortgages to be
Dumbered.
Id. §6.
Fee8.
3 R. S., ch. 7,
tit. 3, §§ 3, 64,
Comp 1437.
Papers offered
for safe keeping
How indorsed
and kept.
3 R S., ch. 7,
tit. 3, §§65, 66.
Not to be
delivered out,
etc.
May be ex-
amined publicly
Id $$67, 68.
Wills to be
re eived for
safe keeping.
Wills to be
sealed up, etc.
478 WILLS DEPOSITED WITH THE REGISTER,
Id. §60.
To whom to be
delivered.
1844, ch. 125,
$1 t
O
§ 1445.
Accounts of fees
to be kept in a
|book.
To be open for
inspect10n.
Id $3.
Statement to be
8ent to Becretary
Of State.
1844, ch. 125, $5,
Comp. 1446.
Id, $4.
Statements to be
8WOrn to.
1851, ch. 286, §1,
Comp. 1458.
Mortgages,
where deposited
1837, ch. 150.
the name of the testator, his place of residence, and the day, month
and year when delivered ; and shall not, on any pretext whatever,
be opened, oxamined, or read until delivered to a person entitled
to the same, as hereinafter directed.
§ 1761. Such will shall be delivered only :
1. To the testator in person; or,
2. Upon his written order, duly proved by the oath of subscrib-
ing witness ; or
3. After his death to the persons named in the indorsement
on the wrapper of such will, if any such indorsement be made
thereon ; or,
4. If there be no such indorsement, to the surrogate of the
county.
§ 1762. The register shall keep in his office a book, in which
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.
Such books shall be open for inspection without fee or reward,
at all times when the office shall be open for the transaction of
business.
§ 1763. The said register shall, between the first and tenth day
of January in every year, make and transmit, free of expense, to
the secretary of state, a statement which shall exhibit:
1. The amount of all fees charged or received by him for record-
ing 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 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. Such statement shall embrace the year ending on the
thirty-first day of December next preceding the time of making
the same. To every such statement, the affidavit of the person
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.
§ 1764. All mortgages heretofore executed on premises in the
city and county of New York to the commissioners for loaning
certain 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,
shall be deposited in the office of the register of the city and
CORONERS AND CORONERS’ PHYSICIANS. 479
county of New York, and shall not at any time be removed there-
from unless the same shall have been paid and fully Batisfied.
The office of the said commissioners mentioned in the forty-first Office of .
section of said act shall, in the city and county of New York, be “”
kept at the office of the register of the city and county of New
York.
§ 1765. The register is entitled to the following fees, for any of º
the services herein specified : •2vºr, Jouv.
Recording any instrument which must or may be recorded by Fees of register.
him, ten cents for each folio.
Filing a certificate of satisfaction, or other satisfaction-piece of
a mortgage, and entering such satisfaction, twenty-five cents.
Entering a minute of a mortgage being foreclosed, ten cents.
Filing and entering the bond of a collector or other officer
authorized to receive taxes, twelve cents.
Searching for such bond, six cents.
Entering satisfaction thereof, twelve cents.
Filing every paper deposited with him for safe keeping, six
cents.
Searching for every such paper on request, three cents for each
paper necessarily opened and examined.
Sealing any paper when required, twelve cents.
Every certificate, other than that a paper, for the copying of
which he is entitled to a fee, is a copy, twenty-five cents.
For searching and certifying the title to and incumbrances upon
real property, for each year for which the search is made, for each
name, and each kind of conveyance or lien, five cents.
For a copy of a paper filed in his office, eight cents for each
folio.
Title 4—The Coroners and Inquests.
§ 1766. Four coroners shall hereafter be elected in the city and {...}, i
county of New York in the same manner and at the same general ºrs
election as sheriffs; hold their offices for the same term, and be ***
removable in the same manner.
§ 1767. Each of the coroners shall be paid in full satisfaction 1878, ch, 355, a
for his services a yearly salary of five thousand dollars, and shall $º, "
be allowed for contingent expenses, including clerk and office hire, ...".
and for the preservation of his records and the records of the expenses.
board of coroners, and all other incidental expenses, a sum not to
exceed three thousand dollars per annum, which contingent and
incidental expenses shall be audited and paid as the contingent and
incidental expenses of other officers of said city and county are
audited and paid ; and said salary and allowance shall be in lieu of
all his fees or compensation heretofore a charge upon the county
of New York or the mayor, aldermen or commonalty of the city of
New York.
§ 1768. The board of coroners may appoint a clerk, who shall 1871, ch. 462, $6,
receive an annual salary of thirty-five hundred dollars per year, gººd
which shall be a county charge, and payable as other county sal- *
aries are paid.
§ 1769. Each coroner of said city shall, on assuming office, 1878, chºs, $3,
appoint a qualified physician, who shall be a resident in said city, **
480 CORONERS’ INQUESTs.
Coroner's
physicians.
Id. §4.
Salary.
1875, ch. 620, $1,
Comp. 1462.
Scientific
experts, em-
ployment of by
COrOIlCI’.
Id. $2.
Compensation
of expert.
1871, ch. 462, $1,
aſ amended.
1878, ch 256, §6,
Comp 1461.
1878, ch. 255, $2,
Comp. 146 [.
Coroner may
Bubpoenn.
physician.
6 Daly, 121.
Testimony upon
inquest.
1871, ch. 462, $2,
Comp. 1461.
Jury, when to
be culled.
Id. $5,
Comp. 1462.
Liub.lity to
SQ]'VG Oll
coroner's jury.
and shall be known as a “coroner's physician.” Any vacancy in
the office of coroner's physicians shall be filled by the board of cor-
oners. The board of coroners, for cause, may remove the physicians
appointed by them.
§ 1770. It shall be the duty of the board of estimate and appor-
tionment, from time to time, as it may determine, to fix the salary
to be paid to the physicians appointed as in the preceding section
directed, but the salary to be paid to each of said physicians shall
not, in any one year, exceed the sum of three thousand dollars. The
salaries provided for in the preceding sections of this title, shall
be paid monthly by the mayor, aldermen and commonalty.
§ 1771. It shall be lawful for the several coroners, with the written
consent first had and obtained of the district attorney and a justice
of the supreme court within said city and county, to employ any
scientific expert, engineer, or toxicologist to examine the body of
any person who shall have died from alleged criminal violence, or
by casualty, or in any suspicious or unusual manner, and as to the
cause of whose death the said coroner shall have jurisdiction to
inquire.
§ 1772. Upon the certificate of such employment by a coroner,
with the written consent of the district attorney and a justice of the
Supreme court, as aforesaid, being filed with the comptroller of said
city, such scientific expert, engineer, or toxicologist shall be enti-
tled to recover and receive as a proper claim against said city, just
and reasonable compensation for his services rendered in the matter
of such inquest upon the request of said coroner, with such written
consent as aforesaid. Such just and reasonable compensation shall
be ascertained and certified to by the district attorney, justice of
the Supreme court, and the comptroller of said city ; and in case
such just and reasonable compensation shall not be so certified
and paid, such scientific expert, engineer, or toxicologist shall be
entitled to maintain his proper action at law therefor to recover the
S8,IO €.
§ 1773. When in the city of New York any person shall die from
criminal violence, or by a casualty, or suddenly when in apparent
health, or when unattended by a physician, or in prison, or in any
suspicious or unusual manner, the coroner shall subpoena one of
the coroner's physicians, who shall view the body of such deceased
person, externally, or make an autopsy thereon as may be required.
It shall be the duty of the physician to whom such subpoena is so
issued to make the inspection and autopsy required, and to give
evidence in relation thereto at the coroner's inquest. The testi-
mony of such physician, and that of any other witnesses that the
coroner may find necessary, shall constitute an inquest.
§ 1774. Should the coroner deem it necessary, he may call a jury
to assist him in his investigation, or should any citizen demand
that a jury be called, he shall proceed as directed by part four, title
seven, article one of the Revised Statutes. Any citizen of this state,
not over seventy years of age, and being at the time a resident of
the county, may be summoned to serve as a juror upon a coroner's
inquest ; and any person who shall willfully neglect or refuse to
serve as such juror when duly summoned, shall, upon conviction,
be adjudged guilty of a misdemeanor, and shall be punished by
imprisonment in the county prison not exceeding one year, or by a
CORONERS’ INQUESTS. 481
fine not exceeding five hundred dollars, or by both such fine and
imprisonment.
§ 1775. It shall be the duty of any citizen who may become
aware of the death of a person who shall have died in the manner
stated in the last section but one, to report such death forthwith to
one of the coroners, or to any police officer, and such officer shall,
without delay, notify the coroner of such death ; and any person
who shall willfully neglect or refuse to report such death to the
coroner shall, upon conviction, be adjudged guilty of a misde-
meanor, and shall be punished by imprisonment in the county
prison not exceeding one year, or by a fine not exceeding five hun-
dred dollars, or by both such fine and imprisonment.
§ 1776. Any person, except the coroner, who shall willfully
touch, remove, or disturb the body of any one who shall have died
in the manner described in the last section but two, or who shall
willfully touch, remove, or disturb the clothing, or any article upon
or near such body, without an order from the coroner, shall, upon
conviction, be adjudged guilty of a misdemeanor, and shall be pun-
ished by imprisonment in the county prison not exceeding one year,
or by a fine not exceeding five hundred dollars, or by both such fine
and imprisonment.
§ 1777. Each of the coroners shall file with the clerk of the board
of coroners, in all cases that may come before him, an abstract of
the testimony taken by him, and a copy of the verdict rendered by
the jury; and the clerk of said board shall keep the same on file
until it is turned over to the board of health and a receipt taken
therefor, except in the case of a homicide, in which case he shall
transmit the same, without delay, to the district attorney of the city
and county of New York.
§ 1778. The board of coroners shall direct a book to be kept
which shall contain the name, if known, of every deceased person
reported, under existing laws, at the office of the board of coroners,
or to any of its members, the place where the body was found, and
the name of the coroner who assumed charge of the case ; also a
book which shall contain the name of the deceased, when known,
the date when and the place where the inquest was held, the find-
ings in full of the jury, and the date of death ; also an index to
such books, and to all inquisition papers, which shall contain, in
alphabetical order, the names of deceased persons upon whom
inquests have been held, the date of the inquests, the cause of death,
the name of the coroner holding said inquest, and such other
references as may be necessary to enable public officers, or parties
interested, to examine fully the records of the coroner's office for
legal purposes; and such books and records shall be kept at the
office of the board of coroners, except as in the last section other-
wise provided, and shall be the property of the mayor, aldermen
and commonalty of the city and county of New York.
§ 1779. If all the coroners be absent, or be unable, for any cause
to attend, their duties so far as they relate to holding inquests and
their action thereon and consequent thereupon, may be performed
by a police justice, but by no other officer, with the same authority,
and subject to the same obligations and penalties as apply to the
COTOI) el’S.
31
1871, ch. 462, $3,
Comp. 1461.
Deaths from
unusual causes
to be reported.
1871, ch. 462, $4.
Penalty for dis-
turbing dead
body or remov-
ing clothing,
etC,
1881, ch. 465, à.
Coroners to file
abstract of
testimony, etc.
Id.
Board of
coroners to keep
records of
names, etc., of
deceased
persons.
1881, ch,442,S789.
Police justices
Imay perform
duties of
coroner, during
his inability,
482 THE ARIBITRATOR OF THE CHAMBER OF COMMERCE.
1874, ch. 278, §6,
Comp. 1375.
Arbitrator,
his appointment
8alary.
1875, ch. 495, $2,
Comp. 1377.
Arbitrator, term
of office and
removal of.
Official oath.
Id. §3.
Power to ad-
minister oath9,
etc.
1874, ch. 278, $6,
Comp. 1376.
1875, ch. 295, $7,
Comp. 1378.
Furniture, etc.
Id. $4.
Comp. 1378.
Clerk.
CHAPTER XXII.
THE COURT OF ARBITRATION.
§ 1780. The governor shall nominate and, by and with the con–
sent of the senate, appoint an experienced, suitable, and competent
person as arbitrator, to be known as the arbitrator of the chamber
of commerce of the state of New York, to have and perform the
functions, duties, and powers provided for in this chapter in con-
nection with his said office ; and the salary of said arbitrator shall
be fixed and paid by the said chamber of commerce. The arbitrator
holds office during good behavior, and may be removed by the
ſº if, upon due notice, and after a hearing, he is found guilty
y the governor of malfeasance, misfeasance, or continued non-
feasance in office. The expression “official arbitrator,” as used in
this chapter, refers to the officer designated in this section. In case
of the resignation, removal, or death of such official arbitrator, his
successor must be nominated and appointed by the governor, with the
advice and consent of the Senate, and commissioned by the governor.
Every such official arbitrator appointed after this chapter takes
effect, must file with the secretary of state the constitutional oath
of office. Unless he files his oath of office within ten days after his
confirmation by the senate, he is deemed to have declined the office.
§ 1781. The official arbitrator has power to administer oaths and
affirmations to be used before any court or officer; to take the proof
and acknowledgment of any charter party, marine protest, contract,
or other written instrument; and to require any witness to appear
and testify before him, or the said court of arbitration, or before
the board of arbitrators hereinafter provided for in matters pending
in said court. He must adopt and promulgate short and simple
rules to be observed in proceedings taken as prescribed in this
chapter, and he has power to do and order whatever may be neces-
sary to carry out the provisions of this chapter.
§ 1782. The sittings and business of the said arbitrator and
board shall be had and conducted, and the office of the said clerk
shall be in a building or room provided by the said chamber of
commerce at its own proper expense and charges. The salary of
said clerk shall be fixed and paid by the chamber of commerce.
§ 1783. Said chamber of commerce shall provide proper and
convenient furniture, together with attendants, fuel, lights, and
stationery suitable and sufficient for the transaction of the business
of said court, and such expenses shall be borne by said chamber at
its own proper cost and charges.
§ 1784. The clerk of the said court of arbitration is known
as the arbitration clerk, and holds office during the pleasure of
said chamber. In case of his death, resignation, or removal, the
said chamber of commence must elect his successor. The governor
must appoint and commission the person so elected ; but before
such commission can be issued, the person so elected must file in
the office of the secretary of state an official oath to the same effect
as the constitutional oath of office. Unless he files such oath
within ten days after his election, he is deemed to have declined
the office. The said chamber of commerce may authorize the arbi-
JURISDICTION OF COURT OF AFBITRATION. - 483
tration clerk to appoint one or more assistants, and provide for
their compensation.
§ 1785. The arbitration clerk must safely and correctly keep all 1875, ch. 495, $5,
the minutes, documents, records, books and other papers, and effects &###, or
of the official arbitrator and of the said court of arbitration, and
relating to the arbitration for which this chapter provides. Any stealing or
person who steals, mutilates, or alters any book, record or paper ..."
filed with or kept by the arbitration clerk, is guilty of the same
offense and is punishable therefor in the same manner as if such
act was committed with respect to a record kept, as prescribed by
law, in the office of the clerk of the county of New York.
§ 1786. The seal now in use by the official arbitrator shall con- gº
tinue to be the seal of his office and of said court. Any award or §§
order made pursuant to this chapter, or any certified copy thereof,
must be authenticated by such seal. If the seal now in use is lost,
injured, or destroyed, the official arbitrator must cause a new seal
to be made, which shall thereupon become such official seal. In 1874, ch. 978, 16,
all courts and places any instrument sealed with such seal and 9”P.”
signed by the said arbitrator shall be received as prima facie evi-
dence of the existence of such award or Order, and of the contents
thereof, and shall have the same force and effect as the original
thereof.
§ 1787. Upon the application of the parties interested, or their 1875, ch. 495, $9.
representatives, the official arbitrator must interpret or construe any ſºon
oral or written contract, pertaining to any matter, which might of contracts.
be the subject of arbitration under the provisions of this chapter;
and he must, if required by either party, make a written award
thereupon.
§ 1788. The parties to any controversy, dispute, or matter of Id, s10. ,
difference, arising or being within the port of New York, or relating sº."
to a subject matter situate or coming within that port, as the collec- ©
tion district of that port is established and limited by the act of
congress of the United States of America, approved March second,
Seventeen hundred and ninety-nine, may voluntarily submit the
same to the said court of arbitration of the chamber of commerce,
by written submission or by personal appearance in said court, and
in oral submission as hereinafter mentioned.
§ 1789. An application to interpret and construe a contract, as Id. $11.
prescribed in the last section but one, and a voluntary submission º
as prescribed in the last section, may be made in either of the fol- how made.
lowing methods:
1. By filing with the arbitration clerk a written instrument con-
taining such application or submission executed by the parties and
acknowledged or proved before the clerk of said court, or before
any other officer authorized to take acknowledgment of a deed to
be recorded in the county of New York.
2. By the voluntary appearance of the parties before the official Immediate
arbitrator, which, together with the substance of any oral sub- *
mission made by them, must be entered in the minutes. Upon
making such an application or submission, if both parties request
an immediate hearing, the official arbitrator must grant an imme-
diate hearing accordingly, or a speedy hearing where the state of the
business before him will allow him to do so. In either case, one
member of a firm or partnership, or their attorney in fact, may
484 PROCEDURE IN COURT OF ARPITRATION.
make such execution, acknowledgment, appearance, or submission
for and on behalf of all the members of such firm or partnership.
1875, ch. 495, $12, § 1790. The said court of arbitration, in addition to the juris-
§ diction above conferred, has power to determine, in the manner
prescribed in this chapter, any controversy, dispute, or matter of
difference, upon any mercantile or commercial subject, where all
the parties thereto are regularly elected members of the said cham-
ber. For the purposes of this section it shall be sufficient where
firms or partnerships are concerned, that one co-partner therein is
such member of said chamber.
Id. $13. § 1791. In a case specified in the last section, either party may
... serve personally upon the adverse party or one of two or more
COUlrt. adverse parties, jointly interested in the subject matter of differ-
ence, a written requisition directed to the adverse party or parties,
requiring him or them to appear before the court of arbitration of
the chamber of commerce of the state of New York, for the settle-
ment of such controversy, dispute, or matter of difference at a place,
and on a day and at an hour named in the requisition, not less than
two or more than five days after the personal service of the same.
Id. $14 § 1792. A requisition may be served, and proof of the service
Çomº.1380, thereof may be made in like manner, as where a summons issued
Requisition, e tº º tº g
jº" - out of the supreme court in a civil action is personally served, and
proof of said service is made. The requisition shall be filed with
the arbitration clerk any time before the expiration of one hour
after the same is returnable.
Id. $15. § 1793. Either party to the controversy, dispute, or matter of
*:::::::... difference may, at any time before the expiration of one hour after
ment of the requisition is returnable, or within such further time as may be
allowed by the official arbitrator or prescribed in the rules estab-
lished by him, appoint, in writing, one person, to sit with the
& official arbitrator, to hear and determine the matter. If neither
party appoints an additional arbitrator as aforesaid, all the parties
are deemed to have waived their right to do so; and the matter
must be determined by the official arbitrator. If there are two or
more parties on the same side, and they appoint different persons
or arbitrators, or do not agree on one person, they are regarded as
having failed to make any appointment. Upon a failure of a party
to appoint an additional arbitrator, where the adverse party has
appointed one, the official arbitrator must appoint a disinterested
person, not of kin to either party, to sit as a member of the board
of arbitration ; and the matter must proceed as if the party in
default had appointed such person as additional arbitrator. An
appointment of an additional arbitrator is not complete unless it is
filed with the arbitration clerk.
Id. §16. § 1794. Where the parties to a controversy, dispute, or matter
º” of difference, voluntarily submit, the same to the arbitration Of
with arbitrator, the said court of arbitration, either of them may, at the time of
filing the written submission or voluntarily appearing to submit
the same, or within such time as may be allowed by the official
arbitrator, or prescribed by the rules established by him, appoint
a person to sit with the official arbitrator, to hear and determine
the matter. The mode of so doing, the proceedings to be taken in
behalf of the other party, and the consequences of a failure of either
or both of them to make such appointment, or of an appointment
PROCEDURE IN COURT OF ARBITRATION. 485
of different persons by two or more parties on the same side, are
the same as prescribed in the last section, in a case where a requi-
sition has been issued.
§ 1795. If the additional arbitrator, appointed by either party, ºº,
fails to appear at the time set for the hearing, without proof of the Failure of per-
existence of a good reason for such failure, and that it is of a tem-tº"
porary nature, made by the party appointing him, to the satisfaction
of the official arbitrator, his appointment must thereupon be
declared to be vacated, and the same party must forthwith appoint
another person to act in his place. Upon failure so to do, or failure
of the person so appointed to appear then, or at the time, if any,
to which the official arbitrator adjourns the hearing, the official
arbitrator must appoint a disinterested person, not of kin to either
party, to act in his place.
§ 1796. Each of the persons appointed as additional arbitrators, gº
by or for the respective parties, must subscribe and take before the jºi.
official arbitrators an oath, honestly, truly, and fairly to hear and **
determine the matters thus submitted to the arbitrators. The oaths
so taken must be filed with the award. The official arbitrator need
not be sworn in the particular case.
§ 1797, Where additional arbitrators are appointed and sworn, ſº
as prescribed in the last four sections, they and the official arbitra- #, nº
tor constitute the board of arbitration to determine the controversy, *
dispute, or other matter of difference, and they must all sit in the
matter, and the order, award, and decision of any two of them shall
be the judgment of the said court of arbitration.
§ 1798. The official arbitrator, or where the hearing is before a d. 20.
board of arbitration, the majority of the board may, after hearing tº
the allegations and testimony of the respective parties, or of those
parties who desire to testify, and upon notice to both parties, direct
that further evidence be taken if he or they deem further evidence
necessary to enable justice to be done between the parties. A wit- ū
ness is entitled to the same fees as in an action in a court of record.
A commission to take testimony without the state may be allowed commission to
by the official arbitrator, and issued in the same manner and with **
the same effect as in an action brought in a court of record. The
hearing may be from time to time adjourned upon the application
of either party and reasonable cause shown to the satisfaction of
the official arbitrator, or where the hearing is before a board of
arbitration, to the satisfaction of a majority thereof.
§ 1799. Within ten days, after the final hearing, the official ºf
arbitrator, or the board of arbitration, or a majority thereof, as the W8 FO1,
case requires, must make and file with the arbitration clerk a writ-
ten award, under his or their hands, stating his or their decision for
the settlement of the controversy, dispute or matter of difference,
heard and determined by him or them.
§ 1800. Instead of making an order to fulfill the award, the rin
official arbitrator may, for good cause shown, upon notice to and , i.
after hearing the parties, make an order directing that the contro-
versy, dispute, or other matter of difference be heard again, either
before the same court or before another board of arbitration
appointed as prescribed in this chapter upon the first hearing.
But the party applying for such rehearing must give security in
such amount and form as shall be approved by the official arbitra-
486 ENTRY OF JUDGMIENT ON AWARD.
1875, ch. 495, $23,
Comp. 1381.
Final award,
how vacated,
Id. $24,
Comp. 1382.
Order for fulfill-
ment of award.
Entry of judg-
ment.
§.
Id. $26.
False swearing.
1875, ch, 495, $27,
Comp. 1882.
tor, for the payment of all the costs and expenses of the other
party or parties incident to such rehearing, and for the payment or
performance of any award which may be rendered against any party
so applying, and of any judgment which may be entered thereon.
Upon the rehearing the proceedings must be the same as upon the
first hearing, and the provisions of this chapter relating to the first
hearing, the award, the order, and the subsequent proceedings
thereon, apply similarly to the rehearing.
§ 1801. The final award, the order to enforce the same, and the
judgment to be entered thereupon, may be vacated for fraud, collu-
sion, or corruption ; but not for any other cause. Unless it is so
vacated, the award is binding and conclusive upon all parties
thereto, and effects a final settlement of the controversy, dispute or
matter of difference submitted or tried as prescribed in this chap-
ter. It must be upheld and sustained accordingly in all the courts
of the state.
§ 1802. If the award construes any contract or requires either
party or both parties to do or forbear doing a particular act or acts,
or to pay a sum of money, the official arbitrator must, at the
request of either party, make an order reciting the provisions of
the award, and directing the fulfillment thereof by the party or
parties required to fulfill the same. The order must, at the instance
of either party, be filed in the office of the clerk of the county of
New York, who must enter the same, upon being paid his fees
therefor. If the order requires the payment of a sum of money, or
the delivery of any property, either party may, upon filing the same,
require the clerk of said county to enter thereupon a judgment of
the said arbitration court against the party or parties required to
pay such sum of money, or deliver any property, and in favor of
the party or parties to whom it should be paid or delivered. The
judgment must be entered and docketed accordingly, in the manner
prescribed by law for entering and docketing a judgment of the
supreme court in a civil action, and transcripts may be filed with
other clerks in like manner as if a judgment in a civil action.
Such judgment has the same force and effect as a judgment of the
supreme court of similar purport in a civil action, and it must be
enforced in the same manner and by the same process and officers,
and it may be satisfied of record and discharged in like manner as
a judgment of the supreme court in a civil action.
§ 1803. No costs except as hereinafter specified shall be allowed
to either party in any proceedings taken as prescribed in this chap-
ter, and except where a rehearing is granted, in which case the
official arbitrator may, or, if the rehearing is before a board of arbi-
tration, the board, or a majority thereof, may in the award, require
either party to pay the other a fixed sum for his costs and expenses.
§ 1804. False swearing upon the hearing before the arbitrator,
said court of arbitration, or board of arbitration, or, in the course
of any proceeding taken as prescribed in this chapter, is willful per-
jury, in a case where such false swearing would be willful perjury
upon the trial of a civil action brought in the supreme court, or in
the course of any proceeding taken in such action ; and the person
guilty thereof may be indicted and punished accordingly.
§ 1805. Where any controversy, dispute, or matter . difference,
or the interpretation or construction of any contract has been sub-
FILING CLAIM OF MECHANICs’ LIEN. 487
mitted to or brought within the jurisdiction of the said court of
arbitration, as prescribed in this chapter, no action or special pro-
ceeding relating to the same matter shall be brought in any other
court of the state, between the same parties or their representa-
tives or assigns, until after the final award thereupon ; and if any
such action or special proceeding is pending at the time of the
submission, the same must be dismissed or discontinued, or the
proceedings therein must be stayed, as the case requires. The
official arbitrator, or the board of arbitration, as the case may be,
constitute the said court of arbitration,
§ 1806. Nothing contained in this chapter is to be so construed
as to give any jurisdiction to the said court of arbitration of the
chamber of commerce of the state of New York, or to the official
arbitrator or board of arbitration, except upon the voluntary sub-
mission, waiver or election of the parties, or non-attendance pur-
suant to a requisition, as prescribed in this chapter ; or to permit
any infant, married woman, or person incapable of managing his
affairs by reasons of lunacy, idiocy, unsoundness of mind, or
habitual drunkenness, to be brought before the official arbitrator,
or the board of arbitration, as a party; or to apply to any matter
pertaining to a fee or life tenancy in real property, nor shall any
cause or matter submitted to the arbitrator or board, as provided
in this chapter, be subject to removal by or to the jurisdiction of
any of the courts of this state, except as herein provided; nor shall
this chapter apply to any cause or matter which shall be pending
in any of the courts of this state, or before any arbitration com-
mittee established by law, previous to the service of the summons,
as provided in this chapter.
CHAPTER XXIII.
MECHANICs’ LIENS.
Title 1.—Liens against Private Property.
§ 1807. Any person or persons who shall, after the twenty-eighth
day of May, eighteen hundred and eighty, either as contractor, sub-
contractor, or in any capacity, under or in pursuance of or in con-
formity with, any contract, agreement, or employment by the
owner, lessee, or person in possession of any land in any of the
cities of the state of New York, perform any work, labor, or services,
or furnish any materials toward the erection, altering, or repairing
of any house, vault, wharf, fence, or any other structure, or in
grading, filling in, excavating, or laying walks on any lots of land
in the cities of the state of New York, shall, upon filing the notice
prescribed in the second section of this act, have alien for the price
or value of such work, labor, services, and materials upon such
house, vault, wharf, fence, or other structure, and appurtenances,
and the lot upon which said grading or excavating is done, or walk
laid, to the extent of the right, title, and interest of the said owner,
lessee, or person in possession of said house, vault, wharf, fence or
other structure, and appurtenances, and the land upon which the
same stand at the time of the filing of the notice of claim in the
Where contro-
versy has been
submitted, no
action to be
brought,
Id. $28.
Comp. 1383.
Jurisdiction.
1874, ch. 278, 37,
Comp. 1877.
1880, ch. 486, §1.
Persons doing
work, etc., to
have lien.
Notice to be
filed.
488 ACTION TO ENFORCE THE LIEN.
1875, ch. 379, $4,
Comp. 1485,
as amended,
1879, ch. 509, $1.
Preferred lien8.
1880, ch. 486, $3.
Priority of liens.
Id. $2.
When notice to
be filed and
what to contain.
To be verified.
Successive liens
may be filed.
1875, ch. 379, $6,
Comp. 1485.
second section of this act specified, or the successors in interest of
such owner, lessee, or person so in possession taking with notice of
said lien.
§ 1808. The liens provided for in this title shall be preferred to
any lien, mortgage, or other incumbrance of which the lien-holder
had no notice, and which was unrecorded at the time of the filing
of the claim referred to in the next section, and said liens shall take
precedence over any lien taken by the original contractor; and the
liens of laborers, mechanics, or persons furnishing materials to any
contractor or sub-contractor shall take precedence over any lien
taken by any contractor or sub-contractor indebted to them.
Where an owner of land contracts with a builder for the sale of
lots and the erection of buildings thereon, and agrees to advance
moneys toward the erection of such buildings, the lien hereinbefore
authorized shall have priority to all advances made after the filing
of said notices of lien. And the lien shall attach to the right, title,
and interest of the owner in said building and land to the extent of
all advances which shall have become due after the filing of such
lien, and shall also attach to and be a lien on the right, title, and
interest of the person so agreeing to purchase said land at the time
of the filing of said notices of lien.
§ 1809. At any time before or within thirty days after the com-
pletion of the erection, altering, or repairing of any house, vault,
wharf, fence, or structure, or grading, filling in, excavating, or laying
walks on any lot of land in the said cities of the state of New York,
the persons so performing such work, labor, or services, or furnish-
ing such materials, may file with the clerk of the county where the
land or premises are situated, a notice in writing stating his or their
residences, the amount of the claim, from whom due, and if not due
when it will be due, the person or persons against whom the claim
is made, the name of the owner, lessee, or person in possession of the
building (against whose interest a lien is claimed); but the failure
to state the name of the true owner, lessee, or person in possession,
shall not impair the validity of the lien ; also a brief description of
the buildings or premises sufficient to identify the lands or premises.
against which the lien is claimed. The said notice of lien shall be
verified by the person or persons making the claim, or his or their
agent or any other person, to the effect that the statements therein
contained are true, to the best of his or their knowledge, informa-
tion and belief. Successive liens may be filed for work, labor, ser-
vices, and materials done and furnished under one contract or
employment; but the filing of any such lien or liens shall not
entitle the person so filing the same to recover judgment for the
amount of such lien or liens unless he shall be entitled to receive
payment by the terms of the contract, or agreement, or employ-
ment; and in case of sub-contractors, or persons doing work or fur-
nishing materials to contractors, no judgment shall be rendered for
any greater amount than the amount which shall be due from the
owner to the contractor at the time of the filing of the lien, or
which may become due afterward, or which, by the terms of the
contract or agreement, shall be due at the time of the rendering of
such judgment. *.
§ 1810. In every case in which one claim is filed against two or
more buildings or other improvements owned by the same person,
ACTION TO ENFORCE MECHANICS’ LIENS. 489
the person filing such claim must at the same time designate the glºin against
two or more
amount due to him on each of such buildings or other improve- building.
ments, otherwise the lien of such claim shall be postponed to other
liens. The lien of such claimant shall not extend beyond the
amount designated as against other creditors having liens by judg-
ment, mortgage, or otherwise upon either of such buildings or other
improvements, or upon the land upon which the same are situated.
§ 1811. The county clerk shall enter in a lien docket the name #:::::$4.
1621) 0100 KGºt.
and residence of the claimant, the person against whom claimed,
the amount claimed, the date of filing, and a brief description of
the premises affected, stating the street and particular place where
located, in such manner as to be convenient in searching for the
liens by street and block. He shall be entitled to receive a fee of
ten cents for each lien filed. Except as provided in section eighteen
hundred and eight, the lien shall attach, from the time of the filing
of the claim, to all the right, title, and interest which the owner
then has in the property therein described, to the extent of the
liability of such owner for the claim preferred.
§ 1812. Liens shall in all cases cease after one year from date of
filing unless an action shall be commenced, and a notice of lis
pendens filed with the clerk of the county wherein the premises are
situated, or an order made continuing the lien for another year ;
in the latter case the county clerk shall, upon filing such order,
make a new docket of such lien. Successive orders and new dockets
may be made, in the discretion of the court. Where a claimant is
made a party defendant to any action brought to enforce any other
lien, a notice of the pendency of such action must be filed by him
or in his behalf. But the neglect to file such notice shall not abate
any action which may be pending to enforce the lien. Such action
. be prosecuted to judgment against the persons liable for the
ebt.
§ 1813. The liens provided under this act shall be enforced by
civil action commenced in any court of record in said city, having
equitable jurisdiction, by any persons claimant, the Original or sub-
contractor, or an assignee thereof, or contractor, against any prop-
erty affected thereby, at any time within one year from the filing of
such lien. Such action shall be commenced, carried on, and judg-
ment entered and enforced as provided in an action to foreclose a
mortgage in the Code of Civil Procedure, and the plaintiff shall
make all other parties who have filed subsequent liens under this
title, or have any prior record, claims, or liens upon said premises
and their appurtenances, defendants in such action. And the court
shall determine the priority of the liens, the amounts due thereon,
and the rights of the respective parties, and render judgment
accordingly. The court may also render personal judgment against
or in favor of any party to the action. Costs for or against the
parties litigant shall be in the discretion of the court. As to all
persons against whom no personal claim is made, the plaintiff may,
with the summons, serve a notice stating briefly the object of the
action, and that no personal claim is made. But all persons who
have filed claims under this title may, by answer in such action, set
forth the same.
§ 1814. Any number of persons claiming liens upon the same
property may join in the same action, and when separate actions
1875, ch. 37;
Comp. 1485
When lien
attaches.
, $7,
1880, ch. 486, $5.
Liens to cease
at end of year
unless notice of
lis pendens, etc.
1880, ch. 486, §7.
Civil action to
foreclose lien.
1875, ch. 379
Comp.
1486
, $12,
490 ACTION TO ENFORCE MECHANICs’ LIENS.
Consolidating
actions.
1880, ch. 486, $8,
Offer to pay
into court.
1875, ch. 379, $14,
Comp. 1486.
Sub-contractors,
rights of.
Id. $15.
Different lien8.
Id. $16,
Comp. 1487.
When contract
is for bills,
notes, etc.
1880, ch. 486, §17.
Personal judg-
ment for defl-
ciency.
59 How. 455.
Id. $6.
Lien, how
discharged,
Id. $9,
Appeals.
are commenced the court in which the first was brought may, on
motion, consolidate them.
§ 1815. At any time after the action is commenced the owner of
the property affected may, in writing, offer to pay into court any
amount stated in the offer, or to execute or deliver any securities
or papers which he may describe in discharge of the property. If
the offer is accepted in writing within ten days thereafter, the court
in which the action is pending may make an order that, on deposit
with the county clerk of the amount offered, or the securities or
other property described, the lien be discharged, and the money or
securities deposited thereafter takes the place of the lien. In case
the offer be not accepted within ten days, and the plaintiff fails to
recover any more favorable judgment against the property, he shall
pay all costs in the action incurred by the owner from the time of
the offer.
§ 1816. All persons entitled to liens on the structure or improve-
ment, except those who contracted with the owner thereof, shall be
deemed sub-contractors; and the court, in the judgment, shall
direct the amount due sub-contractors to be paid out of the pro-
ceeds of sales before any part of such proceeds are paid to the con-
tractor.
§ 1817. In every case in which different liens are asserted
º property, the court, in the judgment, must declare the rank
of each lien or class of liens, and the proceeds of the sale of the
property must be applied to each lien or class of liens in the order
of its rank,
§ 1818. Whenever by the terms of his contract the owner has
stipulated for the delivery of bills, notes, or any other species of
property in lieu of money, the judgment must direct that such
substitute be delivered or deposited as the court may direct, and
the property affected by the liens can only be directed to be sold
in default of the owner to deliver such substitutes within such time
as may be directed.
§ 1819. Whenever on the sale of property subject to the lien,
there is a deficiency of proceeds, judgment may be docketed for
the deficiency against the persons named in the judgment as liable
therefor in like manner and with like effect as in actions for the
foreclosure of mortgages.
§ 1820. The lien may be discharged as follows: g
1. By filing a certificate of the claimant or his successor in
interest, acknowledged or proved in the same manner as the
Satisfaction of a mortgage, stating that the lien is discharged.
2. By depositing with the county clerk, if before suit com-
menced, a sum of money equal to the amount claimed ; and if suit
shall have been commenced, a sum equal to the amount claimed ;
and such sum in addition as shall be ordered by a judge of the court
in which the action shall have been commenced, as security for the
costs of the action ; such deposit, after suit brought, to be made on
notice or on an order to show cause directed to the plaintiff in the
action or his attorney. ſº
3. By the expiration of one year after the filing of said lien
without any order being made continuing the same or notice of lis
pendens filed as aforesaid. &
§ 1821. Appeals in actions to enforce liens, provided for in this
NOTICE OF I.IEN AGAINST THE CITY. 491
act, may be taken in the same manner and within the time, and shall
be governed by the same rules and practice as prevail in actions for
the foreclosure of mortgages.
§ 1822. Nothing contained in this title shall be construed to
impair or affect the right of any person to whom any debt may be
due for work done or materials furnished to maintain a personal
action to recover such debt against the person liable therefor.
§ 1823. Nothing contained in this title shall be construed to
authorize the filing of any claim against any building or property
used for public purposes.
Title 2.—Liens against City.
§ 1824. Any person or persons who shall hereafter, as laborer,
mechanic, ñº. or trader, in pursuance of, or in conformity
with the terms of any contract made between any person or persons
and the city, perform any labor or furnish any material toward the
performance or completion of any contract made with the city, on
complying with the next section, shall have a lien for the value of
such labor or materials, or either, upon the moneys in the control
of the city, due or to grow due under said contract with said city to
the full value of such claim or demand, and these liens may be filed
and become an absolute lien to the full and par value of all such
work and materials, to the extent of the amount due or to grow due
on said contract, in favor of every person or persons who shall be
employed or furnish materials to the person or persons with whom
the said contract with the city is made, or the sub-contractors of
said person or persons, their assigns or legal representatives, pro-
vided that the city shall not be required to pay a greater amount
than the contract price or value of the work #. the materials fur-
nished, when no specific contract is made in the performance of said
work by the contractor.
§ 1825. At any time before the whole work to be performed by
the contractor for the city is completed or accepted by the city, and
Within thirty days after the same is so completed or º any
claimant may file with the head of the department or bureau having
charge of said work, and with the comptroller, notices stating the
residence of the claimant, verified by his oath or affirmation, stating
the amount claimed, from whom due, and if not due, when it will be
due, giving the amount of the demand after deducting all just credits
and offsets, with the name of the person by whom employed, or to
Whom materials were furnished ; also a statement of the terms, time
given, conditions of his contract, and also that the work was done
or materials were furnished to the said contractor, and were actually
performed or used in the execution and completion of the said con-
tract with said city, but no variance as to the name of the contractor
shall affect the validity of the said claim or lien.
§ 1826. The comptroller shall enter the claims in a book kept
for that purpose by him, called the “lien book.” Such entry shall
contain the name and residence of claimant, the name of the con-
tractor, the amount and date of the filing and a brief designation of
the contract upon which the claim is made.
§ 1827. No lien provided for in this title shall be binding upon
the property therein described unless an action be commenced
1875, ch. 379, $20
Comp. 1488.
Personal action
by creditors.
Id. $21.
1880, ch. 486, §10.
Property used
for public pur-
poses excepted.
1878, ch. 315, $1,
Comp. 1489.
Liens for work
or materials
under munici-
pal eontracts.
Id. $2.
Notice of
claims.
Id. §3.
Liens to be
entered.
Id, §4.
Comp. 1490.
492 NOTICE OF IIIEN AGAINST THE CITY.
Action to fore-
close lien.
Id. $5.
When lien
attaches.
1878, ch. 315, §6,
Comp. 1490.
Enforcing claim
within ninety days from the filing of the same, and a notice of
pendency of said action be filed with the comptroller.
§ 1828. The lien shall attach from the time of filing thereof to
the extent of the liability of the contractor for the claim preferred
upon any funds which may be due or to grow due to the said con-
tractor from the city, under the contract against which the lien is filed.
§ 1829. Any claimant who has filed the notice mentioned in the
second section of this title may enforce his claim against the said
fund therein designated and against the person or persons liable
Id. $7.
Parties.
Id. §8.
Judgment in
action to fore-
close.
Iºxecution.
Id. $9.
Successive lien8
Id. §10.
Comp. 1491.
Consolidating
actions.
§.
Id. §12.
Personal actions
for the debt by a civil action. Actions to determine or terminate
said liens may be commenced by the said contractor or the city in
any court of competent jurisdiction.
§ 1830. The plaintiff must make all parties who have filed claims,
the contractor, and the city, parties defendant, and as to all parties
against whom no personal claim is made, the plaintiff may with the
summons, serve a notice stating briefly the object of action, and that
no personal claim is made. But all parties who have filed claims
under this title may, by answer in such action, set forth the same,
and the court in which the action is brought may decide as to the
extent, justice, and priority of the claims of all parties to the action.
§ 1831. The court in which the action is brought shall determine
the validity of the lien, the amount due from the debtor to the
contractor under his contract, and from the contractor to the
respective claimants, and shall render judgment, directing that the
city shall pay over to the claimants, for work done and materials
furnished in the execution of the said contract or contracts, whose
claims or liens it shall hold to be valid and just, in the order of
their priority as determined by said court to the extent of the sum
found due to said claimants from their contractor, so much of said
funds or money which may be due from the city to the contractor
under his contract, against which the lien is filed, as will satisfy
their liens or claims, with the interest and costs, to the extent of
the amount due from the city to said contractor. The judgments
rendered under this title may be enforced by execution, and an
appeal may be taken therefrom in the same time and manner as
in civil actions.
§ 1832. In cases of successive liens, or a number of liens in favor
of different persons, their rights and priorities shall be determined
as follows: Persons standing in equal degrees as co-laborers, or
various persons furnishing materials shall have priority according
to the date of the filing of their liens. When several lien notices
are filed for the same demand, the judgment shall provide for the
proper payments according to priority, so that, under liens filed,
double payments shall not be required. -
§ 1833. When separate actions are commenced, the court n)
which the first action was brought may, upon the application of the
city, consolidate them.
§ 1834. Costs in all actions shall rest in the discretion of the
court, and shall be awarded to or against the plaintiff or defend-
ants, or any or either of them, as may be just.
§ 1835. Nothing contained in this title shall be construed to
impair or affect the right of any person to whom any debt may bº
due for work done or materials furnished to maintain a personal
action to recover such debt against the person liable therefor.
ELECTIONS. 493
§ 1836. The lien may be discharged as follows: First by filing ºn
a certificate of the claimant, or his successor in interest, º iºnarging
acknowledged and proved, stating that the lien, is discharged.
Second—By lapse of time, when ninety days have elapsed since the
filing of the claim, and no action shall have been commenced to
enforce the claim. Third—By satisfaction of any judgment that
may be rendered in actions to foreclose said liens or claims.
§ 1837. The term “contractor,” as used in this title, shall be § 51%
construed as meaning the person with whom the contract with the §.
city is made, his assigns or legal representatives.
§ 1838. Nothing in this title contained shall affect the validity Id $15.
of any claims or liens upon moneys due or to grow due under con-
tracts made by the city prior to the twenty-second day of May, 1581, ch. 420.
eighteen hundred and seventy-eight, but the title shall apply to Fº
and include all cases and contracts under which work and materials
have heretofore been, or shall hereafter be done and furnished upon
any land, the title of which was, at the time of the making of the
contract, and now is in the city, and for the performance of which
appropriations have been, or shall hereafter be made and raised by
the city; and shall apply to and include actions pending on the
twenty-eighth day of May, eighteen hundred and eighty-one, for
work done and materials furnished under any such contract.
CHAPTER, XXIV.
IEDECTIONS.
§ 1839. Hereafter all officers to be elected by the people, in the sºlº st
city and county of New York, shall be chosen at the general election #., $1.
held on the Tuesday succeeding the first Monday of November in 3:...
re. at what
each year, except in case where special or other elections may be ; : be
authorized by law. The clerk of the board of aldermen shall, on §: clerk of
the first Monday of October in each year, give notice by publica- š."”
tion in not exceeding fifteen newspapers of large circulation, pub-
lished in said city, specifying all the municipal officers (including
ward and district officers) to be chosen at the general election in
November following—comprising all the city officers voted for by
the electors of the city at large—as well as all officers elected by
wards or districts in said city; and it shall not be necessary for the
secretary of state to include in the general election notice to the
sheriff of the county of New York any city or ward officers of the
city of New York, nor shall any other notice of the election of such
city and ward officers be required, except the notice published by
the clerk of the board of aldermen, hereinbefore specified.
§ 1840. The days upon which the general or local election shall 1872, ch. TS, $2,
hereafter be held in the city and county of New York shall, for all ºily,
purposes whatever, as regards the presenting for payment or accept- ****
ance, and of the protesting and giving notice of the dishonor of
bills of exchange, bank checks, and promissory notes, be treated
and considered as is the first day of the week, commonly called
Sunday.
§ 1841. At elections hereafter to be held in the city and county ... *
of New York, the boxes to be used in receiving the ballots thereat isº, $1,
494 BALLOT BOXI.S.
Comp. 798.
Ballot boxes,
how labeled
and numbered.
1880, ch. 558, $2.
1872, ch. 675, $4,
as amended,
1873, ch. 823, $2,
Comp. 798.
1881, ch. 553, $1.
1880, ch. 553, §1.
1880, ch. 553, $1.
shall be marked and numbered successively as follows: Number
one, “President;” number two, “State ; ” number three, “Con-
gress;” number four, “Senator;” number five, “Assembly;” num-
ber six, “City;” number seven, “Justices; ” number eight, “Judi-
ciary.” And at every election hereafter to be held in said city
and county 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. At any election at which any officers are to
be voted for upon ballots not otherwise in this section provided for,
there shall be provided as many additional boxes as there are
additional kinds of ballots required. º
§ 1842. The ballots for electors of president and vice-president
shall be the same as now prescribed by law, and, when folded, shall
be indorsed or show on the outside the words “President, number
one,” and be deposited in box number one. The names of all per-
sons voted for by any elector at any election, in whose election all
of the voters of the state have the right alike to participate, except
electors of president and vice-president, and chief judge and asso-
ciate judges of the court of appeals, shall be upon one ballot which,
upon the face thereof, shall contain a designation of the offices 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, which ballot shall be
indorsed “State,” and be deposited in box number two. The name
of the person designated for representative in congress shall be on
a separate ballot, which, upon the face thereof, shall contain a desig-
nation of the office and the district for which the officer is to be
elected; and which, when folded, shall be indorsed, or show upon
the outside thereof, the words “Congress, number three,” and be
deposited in box number three. The name of the person designated
for senator shall be upon a separate ballot, which, on the face
thereof, shall contain a designation of the office, of the district for
which the officer is to be elected, and which, when folded, shall be
indorsed, or show upon the outside thereof, the words “Senator,
number four,” and be deposited in box number four. The name of
the person designated for member of assembly shall be on a sepa-
rate ballot, which, upon the face thereof, shall contain a designation
of the office and the district for which the officer is to be elected,
and which, when folded, shall be indorsed, or show upon the outside
thereof, the words “Assembly, number five,” and be deposited in
box number five. The names of the persons designated for alder-
men to be elected by districts shall be on a separate ballot, which,
upon the face thereof, shall contain a designation of the office and
the district for which the officers are to be elected, and which, when
folded, shall be indorsed, or show on the outside thereof, the words
“City, number six,” and be deposited" in box number six. The
names of the persons designated for justice of the district court
shall be upon one ballot, which ballot, upon the face thereof, shall
contain a designation of the office and the district for which the
officers are to be elected, 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 “Justices, number seven,” and be
deposited in box number seven. The names of all persons voted for
by any elector at any election for chief judge or associate judge of
RUREAU OF ELECTIONS. 495
the court of appeals, justices of the Supreme court, surrogate, and
all other judges or justices, except such as are elected in and for a
district which comprises less than the entire county, shall be upon
one ballot, which ballot shall be indorsed “Judiciary,” and be
deposited in box number eight. The names of the persons voted
for by any elector at any election for all city and county officers in
whose election all the voters of said city and county have the right
alike to participate, except judges or justices as aforesaid, shall be
upon one ballot, which ballot shall be indorsed “City and County,”
and be deposited in box number nine.
§ 1843. At all elections hereafter held in the city and county of
New York, the polls shall be opened at six o'clock in the morning
and close, at four o’clock in the afternoon.
§ 1844. At every election hereafter held in the city and county
of New York, the election and canvass of the votes cast thereat
shall be in all respects conducted in conformity to the provisions of
the general election laws of this state, except as in this chapter
otherwise provided. -
§ 1845. It is hereby made the duty of the board of police to con-
tinue the bureau in the office of the department of police, known
and designated as the bureau of elections. The affairs of said
bureau shall, under and subject to such rules, regulations and orders
as may from time to time be made and adopted by said board of
police, be managed, conducted and carried on by a suitable and
proper person, to be chosen and selected by said board, who shall
be known as the chief of the bureau of elections, shall hold office
for the period of three years, and whose salary shall be fixed and
paid by said board, at such sum as they shall deem proper, not
exceeding five thousand dollars, and shall be removable by the board
of police for cause. -
§ 1846. It shall also be the duty of the board of police to cause
to be prepared, books for the registration of names and facts
required by this chapter. Said books to be known by the general
name of registers, and to be so arranged as to admit of the entering,
under the name of each street or avenue in each election district,
and the number of each dwelling in any such street or avenue, if
there be a number thereto, and if there be no number, under such
other definite description of the location of the dwelling-place as
shall enable it to be readily ascertained, found, and located, of the
names of all male persons resident in each dwelling in each of said
districts who shall apply for registration. Such register shall be
ruled in parallel columns, in which, opposite to and against the
name of every applicant, shall be entered the words and figures
hereinafter provided in this chapter, and shall be of such size as to
contain not less than seven hundred names, and so prepared as that
they may be used at each election in the city and county of New
York, until such time as in this chapter provided for the succeedin
general registration, and shall, on the inside, be in appearance an
form as follows, to wit:
“Judiciary.”
“City and
county.”
1872, ch. 675, $5,
Comp. 796.
Unchanged.
Polls open at 6
A. M. and close
at 4 P. M.
Id. $6.
Elections to be
conducted in
conformity with
general election
laws.
1872, ch. 675, $7,
Board of Dolice
to §§
bureau of
elections,
To appoint a
chief of the
bureau of
elections.
Term of Office
and salary.
Removable for
C8,tlSC.
Id. §8.
Board of police
to prepare books
for registration
of names and
facts.
To contain the
Inanne of Street
and No. of each
dwelling.
Nt.mes of all
male persons in
dwellings.
Registers, how
ruled and of
what size.
REGISTER OF WOTERS.
§
tº TERM OF RESIDENCE. *
§ 5
, ch gº -->
RESIDENCE. re: Date of C Date of
ES ă ADDRESS. > $ Papers. Court. * Application.
& : & "… Q9
5 5 | E | 3 |Assembly sa. #
cº *
3 à 24 3 District. County. tate. ź &
141 East 32d street. . . . . . . . Hill, John H..... . . . . . . . . . Yes.. England...|White.....}6 months.15 months;6 years. Yes.... [May 17, 1871; Superior, N. Y. Yes |March 16, 1872
Stevenson, Benjamin..... Yes. Georgia. ... Colored...1 year. .1 year....|2 years. Native. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes|March 15, 1872
Dennison, William M. ... Yes...|Canada .... White... .22 months 4 years ... 10 years|Yes ... [Oct. 30, 1868 Supreme, N. Y. Yes|March 30, 1872
143 do do . . . . . . . .
ſ
850 Third avenue........
352 do do ........
|
i
i
|





DUTIES OF CHIEF OF BUREAU OF ELECTIONS. 497
§ 1847. It shall not be lawful for the said board to alter or 1872, chº, $9,
change either the number or boundaries of any election district, tºº. $1,
save in such years as by law the said city and county is redistricted §ing
by assembly districts, and in such years as the usual and customary
enumeration of citizens in the city and county of New York is had
and taken, when as early as the first day of September in any such
year a general redistricting of the city shall be made by assembly
districts, upon the basis of the registration of voters for that
year last preceding the time of such redistricting, in which mem-
bers of congress shall have been chosen. Such redistricting shall
be made in such manner that each election district shall contain as
near as practicable two hundred and fifty voters on the basis of
such registration. On or before the fifteenth day of August, one
thousand eight hundred and eighty-two, and in every second year
thereafter, said board of police may divide such election districts,
and such only as by the registration of voters of the two preceding
years shall be found to have had an average registration of
more than four hundred voters. But in any such division of any
such district, one portion of the district shall retain the original
numerical designation, and the other portion shall take the number
following the highest numbered district in the assembly district of
which it forms a part. No election district shall be in part within
two congressional districts.
§ 1848. It shall be the duty of the chief of the bureau of elec- jºsio,
tions to receive, file, and preserve in his office all resolutions, §ºureau
orders, rules and regulations of said board of police, pertaining to ſº."
or in any wise affecting the conduct of the affairs of his bureau; to .
prepare and furnish, all necessary registers, books, maps, forms, ºr
oaths, certificates, blanks, and instructions for the use of the “” etC.
inspectors of election and the board of county canvassers; to pro-
vide for the furnishing of such officers there with and with all neces-
sary supplies; to have, and retain the custody of all registers and ſº
copies thereof provided for in this chapter, all oaths of office and of º,
removal, and all records, papers and certificates of every kind and *
nature pertaining to the affairs of his bureau, the conduct of any
registration of electors, revision thereof, or of any election ; and to
have charge of the fitting up of all polling places. The said chief To issue regis-
shall, for any revision of any general registration, issue to each of the tº “"
inspectors of election, in each election istrict in the city and county
of New York, one of the registers of said district in use therein at the
preceding election, and returned to and filed by him in his office,
§ 1849. The chief of the bureau of elections shall have the right, Id, $11.
subject to the approval of the board of police, to appoint a chief ºppº
clerk, who shall receive a salary not exceeding two thousand dollars Sº
per annum. Such other clerical assistance as, in the judgment of ºlish
said board, shall be necessary and proper for the faithful perform- ºft."
ance by the bureau of elections of the duties in this chapter imposed, ...” P*
shall be furnished by said board by detail from among the patrol-
men under its command.
§ 1850. All inspectors of election and poll-clerks in the city and Hºor.
county of New York shall hereafter be selected and appointed by ºi
y O W pp.Oln y
the board of police, who shall also have power to make all neces- i.e.,
sary removals and transfers, and fill all vacancies which may, from º of
any cause, arise. It shall be the duty of the said board of police Seebº N.Y.299;
32
498 INSPECTOR'S OF ELIECTION.
3 Hun, 222;
5 T. & C., 678;
57 EIOW. 445.
Four inspectors
to each district,
two of each
party. . .
(jommis8ioner8
of police of
minority party
to name in-
spectors for
each district.
$ºn".
anner of
appointment.
Oath of Office.
Certificate of
appointment.
Form of.
Term of office.
Removals from
office, manner
of proceedings.
To hold only
during timex-
pired term.
No intpector or
oll clerk to be
ransferred.
1875, ch. 672,514,
Comp. 803.
Applicant for
registration
annually in the months of August and September in each succeeding
year, for each election district in said city and county, to select to
serve as inspectors of election, four persons (two of whom, on state
issues, shall be of different political faith and opinion from their
associates, and those appointed to represent the party in political
minority on state issues in the said city and county, to be named
solely by such commissioner, or such of the commissioners of police
in said board as are the representatives of such political minority),
who shall be citizens of the United States and of the state of New
York, of good character, and able to read, write and speak the Eng-
lish language understandingly, qualified voters in said city and
county, and not candidates for any office to be voted for by the
electors of the district for which they shall be selected ; but no
person shall be required to be a resident or voter in the election
district for which he shall be appointed an inspector. The persons
so selected shall be notified, examined as to their qualifications,
and if approved, shall each take and subscribe before the chief of
the bureau of elections or the chief clerk thereof, within twenty
days from the date of notice of appointment, the following oath of
office :
“I, residing at No. in
the city of New York, do solemnly swear (or affirm) that I will sup-
port the constitution of the United States and of the state of New
York; and that I will faithfully discharge the duties of the office
of inspector of elections for the election district of
the assembly district of the city of New York,
according to the best of my ability; and that I am a citizen of the
United States and of the state of New York, a qualified voter in the
city and county of New York, and not a candidate for any office to
be voted for by the electors of the district for which I am appointed
an inspector.”
Whoever shall be nominated, approved, and sworn into office as
an inspector of election, shall receive a certificate of appointment
from the board of police, said certificate to be in such form as shall
be prescribed by the said board, and to specify the assembly and
election districts in and for which the person to whom the same is
issued is appointed to serve, and the date of expiration of his term
of office. The inspectors of election, appointed under the pro-
visions of this chapter, shall hold office for one year, unless sooner
removed for want of the requisite qualifications, or for cause, in
either of which cases such removal, unless made while the inspector
is actually on duty on a day of registration, revision of registration,
or election, and for improper conduct as an election officer, shall only
be made after notice in writing to the officer sought to be removed,
which notice shall set forth clearly and distinctly the reasons for
his removal. Provided that any inspector of election who shall at
any time be appointed to fill a vacancy, which fact shall be stated
in his certificate of appointment, shall hold office only during the
unexpired term of his predecessor ; and that no inspector of elec-
tion or poll-clerk shall be transferred from one election district to
another after he has entered upon the performance of his duties.
§ 1851. Any person applying to register or offering to vote, or
who is registered, may, on any day of any general registration,
revision of registration or of election, be challenged by any quali-
IPOLL–CIERK8. 499
fied voter in the city and county of New York, and either of the
inspectors of election, in any election district in said city and
county, may, at any authorized meeting of the board, and one of
them shall administer to any person so challenged the oath or
oaths provided by law to test the qualification of challenged elec-
tors; and either of said inspectors may, at any such meeting,
administer to any applicant for registration the oath or oaths pro-
vided in this chapter to be administered to and taken by any such
applicant, and may also administer to any elector of the election
district who may be offered as a witness to prove the qualification
of any person claiming the right to be registered or to vote, 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 place of residence
and other qualifications as an elector of the person (name to be
given) now claiming the right to be registered as a voter in this
district.” -
§ 1852. Two persons of different political faith and opinions on
state issues, and possessing the other qualifications required by
this act of inspectors of election, shall be, in all respects, similarly
named, selected, notified, examined, appointed, commissioned, and
sworn as poll-clerks in and for each election district in the city
and county of New York. They shall hold office for the same
period of time and upon the same conditions as are above pre-
scribed for inspectors of election, and shall receive a like certificate
of appointment.
§ 1853. Whenever, from any cause, there shall exist a vacancy
in the office of inspector of election or poll-clerk, the person
appointed to fill such vacancy shall be named º such commis-
sioner, or such of the commissioners of said board of police or his
successors or their successors, as named the inspector or poll-clerk
in whose place any such person is designated.
§ 1854. Inspectors of election and poll clerks appointed in pur-
Suance of the provisions of this chapter shall each be entitled to
receive seven dollars and fifty cents per day for each day's service
at any registration, revision of any registration or election, which
compensation shall be paid on the certificate of the chief of the
bureau of elections as to the period of service; but no payment
shall be made to any person as an inspector of election or poll-clerk
who shall not have taken, subscribed, and filed the oath or affirma-
tion required herein, and who shall not, during the period of his
Service, have fully complied with all the requirements of law in any
Wise relating to his duties, and the acting of any such person, in
either of said capacities, without having taken, subscribed, and
filed the said oath or affirmation, shall be deemed to be, and pun-
ished as a misdemeanor. Inspectors of election and poll-clerks,
during the time they shall hold such office, shall be exempt from
the performance of military and jury duty.
§ 1855. Each and every person selected and notified by the
board of police as its choice for the office of inspector of election,
shall, on receipt of notice thereof, appear within ten days there-
after, before the chief of the bureau of elections, for the purpose of
examination, and, if found qualified, shall, unless excused by said
board, by reason of ill-health, or other good and sufficient cause,
may be
challenged.
In Such cases
Oath to be
administered.
Also to
witnesses.
Form of oath.
1872, ch. 675, $15,
Comp. 804.
Poll-clerks, how
appointed.
Term of office.
Id. $16.
Vacancies in
office of in-
Spectors and
poll-clerks, how
fi}}od.
Id. $17,
as amended,
18.3, ch. 823, §3.
Compensation
of inspectors
and poll-clerks.
Id. $18.
Persons notified
of appointment
must appear be-
fore chief of
bureau of
elections.
To serve unless
excused.
500 REGISTRATION OF WOTTERS.
Penalty for
refusing.
Failure to per-
form duties
deemed a
refusal.
1872, ch. 675, $19,
Comp. 805.
Inspectors to
preserve order,
etc., at places of
registration and
polls of election.
Suppress riots.
Protect, VOtel's
and challengers.
May appoint
Glectors to
assist.
Id. $20.
Future general
registrations to
be had.
On what day8.
Temporary
provisions
omitted.
Revisions of
registration for
other elections.
Id. $21.
Inspectors of
election 8hall
Ineet.
How to
organize.
be bound to serve as such officer at every election for the term of
one year from the date of his appointment, and in case of neglect
or refusal to comply with the above requirements, or to serve or
act, shall be liable to a penalty of one hundred dollars, recoverable
by the said board by civil action, in any court of record, in the name
of the treasurer of the board, and for the use and benefit of the
police fund; and a failure on the part of any yach person to pre-
sent himself for examination, or to comply with any of the require-
ments of this chapter preliminary to receiving his certificate of
appointment within the time prescribed, or to attend on the day of
any registration or revision of registration, or the day of any elec-
tion during said term, unless prevented by sickness or other
sufficient cause, the burden of proof of which shall be upon the
delinquent, shall be deemed a refusal within the meaning of this
section.
§ 1856. The inspectors of election in each election district in the
city and county of New York, while discharging any of the duties
imposed upon them by this chapter, shall have full authority to
preserve order and enforce obedience to their lawful commands at
and around the place of registration, revision of registration, or
election, during the time of any registration, revision of registration,
election, or canvass estimate, or return of votes; to keep the access
to such place open and unobstructed ; to prevent and suppress riots,
tumults, violence, disorder, and all other improper practices, tend-
ing to the intimidation or obstruction of voters, the disturbance or
interruption of the work of registration, revision of registration, or
voting, or the canvass, estimate, or return of votes, and to protect
the voters, challengers, and persons designated to watch the canvass
of any ballots, from intimidation or violence, and the registers,
poll-books, boxes and ballots from violence and fraud; and to
appoint or deputize, if necessary, one or more electors to communi-
cate their orders and directions, and to assist in the enforcement
thereof.
§ 1857. Hereafter there shall, in the city and county of New
York, be a general registration of the qualified voters resident in
each election district in said city and county at the times herein-
below provided, and then only : On Tuesday four weeks, the Wed-
mesday of the third week, and the Friday and Saturday of the
second week preceding the day of the November election, in each
year. For each and every election held in the city and county of
New York, other than such as above designated in this section,
there shall be a revision of the general registration had, as provided
in this chapter, which revision shall be made on the Friday and
Saturday of the second week preceding the day of each and every
such election.
§ 1858. The inspectors of election appointed pursuant to the
provisions of this chapter shall, at the times in this chapter desig-
nated for a general registration, meet in their respective election
districts, at the places which, as provided in this chapter, shall be
designated therein for such meetings, and at such times in each
election district the said inspectors of election shall openly and
publicly do and perform the following acts, viz.: º
1. They shall organize, as a board, by selecting one of their
number to act as chairman ; but in case of failure to so organize
REGISTRATION OF WOTERS. 501
within fifteen minutes after the time fixed for the meeting, the
chairman shall be selected by lot.
2. They shall receive the applications for registration of such
male residents of their several election districts as then are, or on
the day of election next following the day of making such applica-
tions, would be, entitled to vote therein, and who shall personally
present themselves, and such only.
3. They shall remain in session on each of said days, between
the hours of eight o'clock in the morning and nine o'clock in the
evening, and shall administer, to all persons who personally apply
to register, the following oath or affirmation, viz. : “You do
solemnly swear (or affirm) that you will fully and truly answer all
such questions as shall be put to you, touching your place of resi-
dence, name, place of birth, your qualifications as an elector, and
your right as such to register and vote under the laws of this
state.”
4. They shall then examine each applicant as to his qualifica-
tions as an elector, and, unless otherwise provided herein, shall
immediately, and in the presence of the applicant, enter in the
registers to be made and furnished as provided in this chapter, the
statements and acts below set forth, and in the manner following,
viz.: First—Under the column “residence,” the name and number
of the street, avenue, or other location of the dwelling, if there be a
number, but if there shall not be a number, such clear and definite
description of the place of said dwelling, as shall enable it to be
readily ascertained, fixed, and determined ; and if there shall be
more than One house at the number given by the applicant as his
place of residence, in which house he resides, and if there be more
than one family residing in said house, either the floor on which he
resides, every floor below the level of the ground being designated
as the basement, the first floor on or above such level as the first
floor, and each floor above that as the second, or such other floor as
it may be, or the number or location of the room or rooms occu-
pied by the applicant and whether front or rear. Second—Under
the column “address,” the name of the applicant, giving the sur-
name and Christian name in full ; but the names of all persons
residing in the same dwelling to follow each other, and to be under
the street and house-number, or other description, as provided of
the dwelling. Third—Under the column of “sworn,” the word
“yes” or “no,” as the fact shall be. Fourth—Under the column of
nativity,” the state, country, kingdom, empire or dominion, as the
fact shall be stated by the applicant. Fifth–Under the column of
"color,” the words “white” or “colored,” as the fact shall be.
Sixth—Under the subdivisions of the general column of “term of
residence,” the periods by months or years stated by the applicant,
In response to the inquiries made for the purpose of ascertaining
his qualification and filling such column. Seventh—Under the
Column of “naturalized,” the words “yes” or “no,” or “native,” as
the fact shall be stated. Eighth—Under the column of “date of
Papers,” the date of naturalization, if naturalized, as the same shall
*ppear by the evidence of citizenship submitted or presented by
the applicant in compliance with the requirements of this chapter.
Ninth–Under the column of “court,” the designation of the court
* Which, if naturalized, such naturalization was done, as the same
Receive applica-
tions for re-
gistration from
persons who
ersonally
apply
Remain in ses-
8ion from 8 A. M.
to 9 P. M.
Form of oath.
Examily” cach
applicant.
Enter in register
name and No.
of Street.
Proceedings if
Imore than one
family in a
house.
To enter No. of
I'OO In OT TOODIn 8
occupied.
Name of appli-
cant, how
entered.
Nativity.
Color.
Term of
residence.
Naturalization
how designated,
date of.
By which court.
502 IREGISTRATION OF WOTEIRS.
Qualification
and disqualifica-
tions, how
designated.
Case of minors
coming of age
before olcction
day.
Date of applica-
tion, how
entered.
1872, ch. 675, $22,
Comp. 807.
Inspectors to
meet for revi-
Sion of registers
and receive the
application of
persons whose
names are not
on the registers,
who on next
election day
would be voters
in the district.
Proceedings if
applicant has
moved into dis-
trict since last
registration day
Conditions to
be complied
with.
Certiſicate of
ºnova, effect
OT,
1872, ch. 673, $23,
Comp. 808.
shall appear by the evidence of citizenship submitted or presented
by the applicant in compliance with the requirements of this chap-
ter. Tenth—Under the column of “qualified voter,” the words
“yes” or “no,” as the fact shall appear and be determined by at
least three of the board of inspectors of election, it being, however,
required of them to designate as qualified voter any male person
who, being otherwise qualified, shall not at the time of making the
application be of age, provided the time when such applicant shall
be of the age of twenty-one shall be subsequent to the date of his
making application, and not later than the day of the election im-
mediately following such time of applying. Eleventh—Under the
column of “date of application,” the month, day and year when the
applicant presented himself and was adjudged a qualified voter in
the election district.
§ 1859. On the days and at the times in this chapter designated
for any revision of any general registration, the duly qualified
inspectors of elections |ali meet in their respective Sº dis-
tricts, at the places which, in accordance with the requirements of
this chapter, shall have been provided for such meetings, and shall
openly and publicly do and perform the following acts, namely:
Each and every of the duties and requirements set forth in .#
visions one and three of section eighteen hundred and fifty-eight of
this act. They shall in each election district receive the applica-
tions for registration of such male residents of the election district,
whose names are mot then borne upon the registers thereof, as qual-
ified voters therein, as shall personally present themselves, and
who, on the day of election next ensuing, would be entitled to
vote therein, and as to all applications made to them shall proceed
there with in the manner provided in subdivision four of section
eighteen hundred and fifty-eight of this act, provided that if, upon
the examination, as in this chapter provided for, of any applicant
for registration, it shall appear that he has, since the last day of
any general registration of voters or revision thereof, in the said
city and county of New York, moved into or become a resident of
said election district, the said inspectors shall inquire from where
such applicant removed or came from ; and if it shall appear that
such removal was from a place within the said city and county,
they shall inquire if, in the election district in which he resided at
the time of the last preceding general registration (naming such
time), or in which he has resided at any time subsequent thereto,
he has been registered, or has applied for registration; and if he
shall swear that he has not, then the said inspectors shall proceed
with said application as with that of any other person who may
apply to them; but if he shall swear that he has been so registered,
the said inspectors shall, before further proceeding, require him to
present to them a certificate of removal, as provided for in this
chapter, so that his name shall not be upon the registers of two
election districts; and upon the presentation to any board of inspec-
tors of any certificate of removal, the said board shall treat the per-
son presenting the same in the manner provided in subdivision four
of section eighteen hundred and fifty-eight of this act, for applicants
for registration. *
§ 1860. Any person who shall at any time, as provided in this
chapter, have personally applied to the inspectors of election in
REGISTRATION OF WOTERS. 503
any election district of the city and county of New York for regis-
tration, and shall have in the registers thereof been entered as a
qualified voter, and who shall at any time prior to the close of any
eneral registration, or revision of registration, have removed from
the dwelling-place under which he shall, as a resident, be borne
upon the registers, may, upon any day provided in this chapter for
meetings of the inspectors of election, other than the day of any
election, personally appear before the said inspectors in the elec-
tion district in which he resided at the time his name was entered
upon the said registers, during the hours in this chapter provided
for their sessions, and publicly take and subscribe, before one of
said inspectors, the following oath or affirmation, which shall be
known as an oath of removal:
“I, - residing at number in the
election district of the assembly district
of the city and county of New York, do solemnly swear (or affirm)
that I am duly entered in the ** registers of said election
district, from said residence as a qualified voter, and that I have
removed my place of residence to number in the
election district of the assembly district of said city and
county, and I do hereby request that the proper entries and records
be made as the same are provided for by law, and that a certificate
of removal be furnished me at this time.”
Upon such oath or affirmation being made and subscribed as
herein provided, it shall be the duty of the said inspectors to care-
Person F, remov-
ing from one
dwelling to
another to Fº
Bonally apply to
the board of
inspectors.
Form of Oath.
Oath to be filed
in the bureau of
elections.
fully preserve the same, and file within twenty-four hours after the
close of any general registration, or revision of registration, in the
bureau of elections. And upon any such person so taking and
Subscribing said oath of removal, the said inspectors of election, if
satisfied of the identity of the person making the same with the
person he claims to be, as the dº of said last-mentioned
person shall appear on the registers, and if not satisfied there with,
shall at once, by a police officer present, or by any one whom said
board shall especially authorize, make an examination and inquiry
at the place of residence of said person, as the same shall be entered
upon the registers as to the fact of the removal of such person from
Said dwelling-place, when if his removal therefrom shall be found
by the report of such person to be a fact, shall immediately proceed
to strike from said registers the name of such person by entering
in each of the registers, opposite to and against the name of an
such person, and in the column headed “why disqualified,” the
Word “removed; ” in the column headed “date of erasing name,”
the month, day and year of such striking from said registers such
name ; and in the column headed “remarks,” the words “transferred
to,” together with the number of the election and assembly districts
to which such person shall, in his oath of removal, state he has
removed, and the initial letters of the name of the inspector who
shall in each of said registers make such entries; and shall, through
the name of any such person, as the same shall appear on said reg-
lsters, and there only, draw a line as indicative that such name is
erased from the registers of that election district, and the name of
any such person so found stricken and erased from said registers,
shall, as to his name and residence at the place in said registers
entered under the column of “residence,” be thereafter considered
Case to be
examined.
In case of re-
moval within
same district
ontries to be
made.
504 CERTIFICATE OF INSPECTOR'S OF TELECTION.
by the bureau of elections, all inspectors of election, and all other
- election officers to be stricken from the registers of that election
Re-entry of the district, and shall be treated as if never entered thereon. If the
|... dwelling-place to which any such person shall have removed, be
" within the boundaries of the same election district as was his former
residence, as stated in the registers of said election district, the said
In one of re- inspectors shall in said registers, under the number or other descrip-
º, the tion of the dwelling-place to which such person has removed, enter
Hºnor his name, and in the several columns opposite and against the same,
fjet such words and figures, as prior to the striking from or erasing of
... the name of such person in the manner in this section above pro-
vided, were in the column similarly headed and opposite to and
against the name of each person as upon said registers, it º
under the dwelling-place from which he shall have declared he has
removed ; and if the dwelling-place to which any such person shall
have removed, shall be within the boundaries of any other election
district than was the residence, under which he was previously
entered on said registers, the said inspectors of election shall fill
up, sign, and deliver to such person a certificate, which shall be
known as a certificate of removal, and shall be in the words and
figures following, to wit:
“CERTIFICATE OF REMOVAL.
Form of “Polling place of the election district,
certificate. assembly district city of New
York, 18 . To the board inspectors
of election, election district,
assembly district.
“This is to certify that the name of
heretofore residing at
in this election district, has been by us, the
inspectors of election in this district, stricken from the registers of
this district and the proper erasures made upon the oath of removal,
and at the request of said above-mentioned person; and that upon
the registers of this election district were entered as to him the
following statements:
Name Residence
Sworn Nativity
Color Term of residence
Assembly district County
State Naturalized
Date of papers Court
Šišić voters Date of application
#ºhº, sº, $1861. The inspectors of election in each election district shall,
Comp. 810. * wº * g g © ſº
injº of... on each day of any general registration, before adjourning, enter in
flºº.” each of two books prepared for that purpose, one of which shall be
§...", known as a public copy of the registers, and the other of which
rºof shall be known as the election bureau copy of the registers, all such
register all º .. & tº tate-
names and residences, and all such data, information, and state
CERTITICATE OF INSPECTOR'S OF ELECTION. 505
ments as during the day have been entered by the inspectors of
election in the registers provided in this chapter. And the whole
six books shall, on each of said days, after the completion of such
copies of the registers, be carefully compared throughout, so that
each of the registers and copies thereof shall, in every respect,
agree with each other, and contain the name and residence of each
person who shall have applied for registration, and the facts respect-
ing him, as the same shall have been stated by him and entered in
the registers, as provided in this chapter. The said inspectors
shall, on the last day of any general registration, certify each of said
copies in the same manner as if it were an original, and within
forty-eight hours after their adjournment on said last day of any
such general registration shall file the election bureau copy of the
registers with the chief of the bureau of elections at his office, where
the same shall be carefully preserved. And the said inspectors
shall, on the last day of any revision of registration, before adjourn-
ing, make a copy of the registers as they shall then be made up for
the election next ensuing, which copy shall be marked and known
as a public copy, and shall be certified as a copy of the original
registers as then existing for the election next ensuing ; and they
shall also make, fill, and certify, in blanks to be prepared and fur-
nished for that purpose, the name and all such other particulars as
shall be entered against or opposite to the name of any person
which, having been once entered upon their registers, shall have
been, on the days of any such revision of registration, for any reason
stricken therefrom, as provided in this chapter, together with the
name and all such other particulars as shall be entered against or
opposite to the name of any person who shall, on any such day of
revision, have been added by them to the said registers; and said
blanks so filled up and certified, shall, within forty-eight hours after
the close of any revision of registration, be left by one of said
inspectors at the bureau of elections; and it shall be the duty of
the chief of the bureau of elections to immediately enter, or cause
to be entered, in the election bureau copy of the registers of each
election district, on file in his office, all the proper and necessary
entries requisite to make said copy conform to said registers, and
be always a copy thereof.
§ 1862. The inspectors of election in each election district in
said city and county of New York on each day of any general reg-
istration, or revision of registration, and before adjourning, shall,
on each of the registers, and on each copy or copies thereof, as in
this chapter it is provided shall on each of said days be made or
kept, draw in ink immediately below the last name entered under-
neath each dwelling-place and below the last written words and
figures entered opposite to or against such last name in each col-
umn, save that of residence, a heavy line as indicative of the fact
that the entering of names on the said registers for the day
mentioned in the column headed “date of application,” and oppo-
Site to or against the name of the last person entered under any
dwelling-place, there ceased.
... § 1863. The inspectors of election in each election district in the
Gity and county of New York, shall, in a place to be provided there-
for on each of the registers required in this chapter, fill up, date,
and each sign with his name and place of residence the appropriate
entries of that
day.
Books of regis-
ter to be com-
pared each day.
Each copy to be
certified and
‘‘ election bu-
reau copy"
filed.
OJ, last day of
revision, copies
of registers to be
made, to be
marked “public
copy,” and
certified.
Also certify
blanks contain-
ing names, etc.,
of persons
stricken from
or added to
registers.
To be left at
bureau of
elections.
Entries to be
made in “bureau
copy of regis-
ters.”
1872, ch. 675, $25,
Comp. 811.
Registers at
close of each
registration day
to be ruled off
after the last
name entered to
prevent false
entries.
Id. §26.
In SpectOrS to
make certifi-
cates.
506 CERTIFICATE OF INSPECTORS' OF ELECTION.
Form of general
registration.
Form of reyi-
sion of registers
1872, ch. 675,
Comp. 812.
Inspectors to
retain each a
copy of register
for use on elec
tion day.
Public copy of
register, when
and how to be
suspended.
and proper certificate, which shall be either printed or written,
and for a general registration shall be in the words and figures
following, to wit: “We the undersigned inspectors of election, in
the - . election district of the g
assembly district of the city and county of New York,
do jointly and severally certify that at the general registration of
voters held in the said election district, on the
days of and the days of
, in the year there were regis-
tered by us as qualified voters in the said election district, the
names which in this book are entered as of said days, and that the
number of such registered qualified voters was and is
“Dated New York, , 18
sº e s is e s e º 'º e º e º e s sº e º ºr º e º 'º & E &
g e s is a s is a s tº tº ſº tº ſº s º ºs é º 'º º a s tº e e
e e s a s a s e s tº a se a sº º s e º a º e º 'º e º 'º
as e º ºs s º is a sº e º 'º e g º e s = e < * * * * * *
And for a revision of any general registration, said certificate
shall be in the words and figures following, to wit: “We, the
undersigned inspectors of elections, in the -
election district of the assembly district of the
city and county of New York, do jointly and severally certify that
at the revision of the last general registration of voters held in said
election district, on the days of
in the year of , there
were by us added to the registered qualified voters of said election
district, the names which in the registers are so entered as of the
said days, and that such number was and is
, and that there were stricken from the registered
qualified voters of said election district, the names which in the
register appear on said days to have been stricken off and erased
in the manner prescribed by law, and that such number was and
1S , leaving the total number of
registered qualified voters in said election district for the next
ensuing election , which is the num-
ber of names now borne in this book as such qualified voters for
such election.
“Dated New York, , 18
is is e e s e e s a s g º a • * * * * * * * * * * * *
• s = e s , s , s e < e < * * * * * * * * * * * * *
• * * * * * * * * * * * * *
• e a s e º 'º e º 'º e º s e s tº s e s e º = * * *
§ 1864. The inspectors of election in each election district in
the city and county of New York shall, after making and sign-
ing either of the aforesaid certificates, retain and carefully pre-
serve all the said registers provided for in this chapter—each
inspector retaining the book which he made, or of which he had
the custody and care on the days of any registration, or revision of
registration—for their use on the day of the next ensuing election.
The public copy of the registers they shall, at the close of their
proceedings on each day of any general registration, and upon the
determination of their proceedings on the last day of any revision
REGISTERS OF WOTES AND COPIES THEREOF. 507
of registration, leave suspended in the place where such registra-
tion or revision of registration was conducted, where it shall be
and remain until the next meeting of the said inspectors, whether
such meeting be for the purpose of registration, revision of regis-
tration, or election, to the end that the same may be inspected and
copied by any elector in said city and county. But on the day of
any election the said inspectors shall take possession of said public
copy, and the chairman shall closely retain the same throughout
the said day, returning it to the chief of the bureau of elections, as
provided in this chapter, for the return of the registry kept by
him, and with said register; and said copy shall be by the said
chief of the bureau of elections retained and preserved and filed
in said bureau.
... § 1865. It shall be the duty of the inspectors of election in each
election district, on each day of general registration or revision of
registration, and before adjourning, to copy from the registers the
names and residences of all persons registered upon that day, so
that the names of those persons having the same residence shall
appear º in the form and manner following, namely:
List of voters registered in the election district of
the assembly district, of the city and county of New York,
on the day of , eighteen hundred and
Residence. Name.
141 East 32d street... . . . . . . . . . . Hill, John H.
{ { & 4 “ . . . . . . . . . . Stevenson, Benj. K.
{ % & 4 “ . . . . . . . . . . . Denison, Wm. M.
143 4 & “ . . . . . . • * * * * Harrison, George E.
{ % & 4 “ . . . . . . . . . . . Williams, James S.
*–
K------
And they shall append thereto a certificate signed by each of
them, in the words and figures following, namely: “We, the under-
signed inspectors of election, in the election district,
of the - assembly district of the city and county of New
York, do jointly and jº, certify that the list hereunto annexed
is a true and correct copy of the names and residences, upon the
registers, of all persons who have been registered by us as qualified
Voters in the said election district, this day of y
in the year
a e s e º e º e s - e º 'º a º º sº * * * * * * * * * * * *
e & e º e º º ſº * * * * * * * * * * * * * * * * * * * * *
es e e s e º 'º e º 'º e º e s s e º 'º e o e s m e º 'º - tº * *
s e e s e e º 'º e º e e º e º e s e s • e º 'º' s • * * * * *
And it shall be the duty of the chairman of the board of inspec-
tors of election, in each election district, to deliver such list, copy,
and certificate, prepared in the manner herein prescribed, imme-
diately upon the completion thereof, to the captain of the police
precinct in which the election district is situated ; and it shall be
How disposed
Of.
1881, ch. 706,
1. 3, 4.
5 * >>
spectors,
duties of, to
copy names,etc.
Certificate,
form of.
To be delivered
to captain of
police.
508 DUTIES OF TNSIPECTOR'S ON TELECTION DAY.
Captain to
deliver same to
Rupervisor of
City Record.
Penalty for
violation of this
act.
1872, ch. 675, ;
Registers to be
used on election
day.
NO vote to be
received unless
name found On
3 registers.
Q)
At the polls the
name of each
voter to be
announced.
No vote to be
received until
three inspectors
find the name
oil registers, etc.
ff vote is re-
ceived, three in-
Spectors shall
mark the names
on the registers.
Inspectors to
note votes re-
ceived in con-
travention of
this section, and
names of the
inspectors.
Registers to be
compared on
close of polls,
Certified and left
at bureau of
elections.
No inspector to
part with pos-
session of regis-
ters until filed
or delivered to
KUICC088OI’.
1872, ch. 675, $29,
Comp. 813.
Chief of election
the duty of such captain to deliver the same, without delay, and
within twelve hours after the close of each day of general registra-
tion or revision of registration, to the supervisor of the City Record.
It shall be the duty of the chief of the bureau of elections to pre-
pare and furnish to the inspectors of elections in each election dis-
trict the necessary blanks and forms as prescribed in this section.
Any inspector of election who shall neglect or refuse to comply
with the requirements of this section, shall be liable to a penalty of
one hundred dollars, recoverable by the board of police by civil
action, in any court of record, in the name of the treasurer of the
board, and for the use and benefit of the police fund.
§ 1866. The inspectors of election in each election district of
the city and county of New York, shall, on the day of any election
therein, have with them at the polling-place in said district the
registers provided for in this chapter. They shall each make use
of one of said registers for guidance on said day, and no vote shall
be received from any person whose name shall not be found by at
least three of them to be upon at least three of the said registers
as a qualified voter. The chairman of said inspectors in each elec-
tion district shall, if present, and if absent, then one of the other
inspectors shall, upon any person offering to vote, announce in a
loud, clear, and distinct manner the name of such person, and no
ballots shall be received by either of the inspectors, or deposited
in any of the ballot-boxes until at least three of the said inspectors
shall, as hereinabove provided, have examined and found the name
and residence of such person and have declared the same, and that
such person is entered as a qualified voter; when, if the vote of
said person is received, at least three of the inspectors shall write
in the appropriate column bearing the heading “voted,” and oppo-
site to the name and residence of such person, the word “yes.” It
shall be the duty of each of the inspectors to note on the register
in his possession, in a suitable and separate part thereof, the name
and residence of each and every person, if any, whose vote shall be
received in contravention of the provisions of this section, and the
name of the inspector or inspectors, if any, who shall so receive or
deposit in the ballot-boxes, or either of them, any such vote; and
it shall further be the duty of each of the inspectors, immediately
on the close of the polls on the day of election, to compare the
said registers as kept by them, as herein provided, and attach to
them a certificate in writing that the same are correctly checked,
and within twenty-four hours after the completion of the canvass of
the votes cast in the eléction district in which they served, to leave
said registers at the office of the chief of the bureau of elections,
whose duty it shall be to file and preserve the same, as provided in
this chapter. And in no election district in the said city and
county shall any inspector, who has custody or charge of either of
the registers in this chapter provided for, ever permit said register
to leave his possession from the time of receiving custody of the
same until he shall file the same, as provided in this chapter, save
in the event of his resignation or removal, and the appointment as
provided in this chapter of his successor, when he shall promptly
surrender and turn over the same to him.
§ 1867. The chief of the bureau of elections shall, from time to
time, and at all times, have full power and authority to make or
DUTIES OF CHIEF OR BUIREAU OF ELECTIONS. 509
cause to be made, such full, complete, and accurate copies as he
shall deem necessary, of the records of the names, residences, age,
date, and cause of death of each male person who shall die in the
city and county of New York, as the facts in respect to such death
shall be furnished to, or the said records shall be kept by, the register
of records, in the department of police, or board of health in the city
of New York, and shall keep, preserve, and file in his office all such
copies of said record. - O
§ 1868. It shall be the duty of the chief of the bureau of elec-
tions, from time to time, as he shall obtain the names and facts as
to death provided in the preceding section, to so arrange the names
of all male persons twenty-One years of age and upward, who, by §
his records, appeared to have died subsequently to the passage of
this act, as that alphabetical lists by assembly districts, with resi-
bureau to copy
and keep rec-
ords of deaths
Of voters.
1872, ch. 675, º
To arrange the
names of such
deceased voters
alphabetically
by assembly
district, with
residences, etc.
dences, ages, and a full statement of all particulars may, at any
time, be made therefrom, and from the names and facts so arranged,
to have prepared and made, or printed, and to cause to be delivered
to each inspector of elections in each election district in the city
and county of New York, on or before the organization of the board
of inspectors in each district on the first day of any revision of reg-
istration, an alphabetical record of the male persons twenty-one
years of age and upward, who, in the assembly district in which the
election district in which the inspector is to serve, since the third
day prior to the day of the last preceding election, and within at
least five days prior to any such first day of revision of registration,
have died. Said record shall be known and designated as a record
of deaths; and it shall be the duty of each of the inspectors of
election in each election district, upon the receipt of such record,
to securely attach the same to the inside of the register in his cus-
tody, to the end that it may be preserved ; and on the first day
of any meeting of the inspectors of election in any election district,
held for the purpose of a revision of registration, it shall be the
duty of each inspector, as soon as the organization of the board of
inspectors is completed, to examine the register in his custody, and
as to the name of every person upon said registers, who by said
record of deaths shall, by a coincidence in respect to said name and
facts, appeared to have deceased, and opposite to and against every
such name, to enter, in the column headed “why disqualified,” the
word “dead,” in the column headed “ date of erasing name,” the
month, day, and year of such erasing, and in the column headed
“remarks,” the words “stricken from registers,” adding against
each such entry made in the column of “remarks,” the initial letters
of the name of the inspector making such entry, and through the
name of every person so stricken from the registers, and then only,
shall draw a line as indicative that such name is erased from the
register of that election district.
§ 1869. It shall further be the duty of the chief of the bureau of
elections to prepare by assembly districts, in the manner set forth
in the preceding section, an additional record of such deaths as shall
have occurred subsequent to the date of the record of deaths pro-
vided for in the preceding section, and within at least three days
W. to the day of any such local election held in the city of New
ork. Said record shall be known and designated as an additional
record of deaths, and a copy thereof shall, on or before the opening
To furnish copy
to each
inspector.
To be called the
** record of
deaths.”
Inspectors to
attach “record
of deaths '' to
registers.
Registers to be
corrected by
** record of
deaths.”
1872, ch. 635, $31,
Comp. 814.
Chief of bureau
to prepare
another “record
of deaths.”
Called “addi-
tional record of
deaths.”
510 REGISTRY AND POLLING-T’LACES.
To furnish copy
to each inspec.
tor to be attach-
cd to registers.
On opening of
polls the regis-
ters to be cor-
rected by
“additional
record of
deaths.”
1872, ch. 675, $32,
Comp. 815.
“. Record of
deaths " and
“additional
record of
deaths.” to be
filed with chief
of bureau.
Id. $33.
Clerks of courts
to make month-
ly reports to
Chief of bureau
of persons con-
victed of crimes
§º with
cath or impris-
onment in
State prison.
Neglect a
misdemeanor.
Id. $34.
Qualified voters
may challenge
right to register
Or VOte.
Id. $35.
Board of police
to designate,
hire, and fit up
all polling
places.
Location of pol-
ling places.
Not in any
building where
liquor is sold, or
has been sold
within 60 days.
of the polls in each election district on the day of any such local
election, be furnished to each inspector, who shall securely attach
the same to the inside of his register, to the end that it may be pre-
served, and he have the same during the day of election with him
at the polling-place, and on the opening of the poll shall proceed
to make the same examination, entries, letters, and lines as to the
name of any registered person found upon said additional record of
deaths, as is provided for in the preceding section in the case of the
name of a registered person found on the record of deaths.
§ 1870. The record of deaths, and the additional record of
deaths, provided for in this chapter and furnished to each inspector,
shall be left by him with the chief of the bureau of elections
at the time and in the manner provided for the return of the
register used by him on the day of any local election, and with
such register.
§ 1871. From and after the passage of this act it shall be the
duty of each of the clerks of the courts of oyer and terminer and
general and special sessions, to prepare, and on or before the fifth
day of each and every month, to file with the chief of the bureau of
elections a certified record containing the name, residence, and age
of each and every person convicted in each of said courts respect-
ively of an offense punishable by death or imprisonment in a state
prison, during the month immediately preceding, stating the alias
or aliases of every such person, if known; the Offense with which
charged ; the action of the court; and if sentenced, the sentence
imposed, and whether confined in a state prison or a penitentiary.
Any clerk of either of said courts who shall fail, neglect, or refuse
to comply with the provisions or requirements of this section shall,
for each and every such offense, be deemed guilty of a misde-
TO €2,10 OI’. -
§ 1872. Any person who is a qualified voter in the city and
county of New York may, upon any day of registration, or revision
of registration, or of election, challenge and contest the right of
any person to be registered in any election district, or to vote at
any poll in the said city or county, or may require the name of any
registered person to be marked for challenge, and on any such
day or days shall be entitled to be heard by the inspectors of
election in any election district in relation to correctness of or addi-
tions to their registers.
§ 1873. Hereafter the board of police of the city of New York
shall designate and appoint the place of registry and polling-place
in each of the election districts of the city and county of New
York, and shall hire all such places, and cause the same to be
fitted up, warmed, lighted, and cleansed, and the work of registra-
tion shall be carried on at the places so designated for such pur-
poses. But in each election district such place shall be in the most
public, orderly, and convenient portions of the district, and no
building or part of building shall be designated or used as a place
of registry, revision of registration, or polling-place, in which, or in
any part of which, spirituous or intoxicating liquor is sold, or has
been sold within sixty days next preceding the time of using the
same ; and no place shall be designated or used for any such pur-
pose without the same shall be well lighted with gas—unless there
shall be no place in the district obtainable which is so lighted—and
POWERS OF ELECTION OFFICERS. 511
the unoccupied space allowed in front of the ballot-boxes, in any
polling-place, shall be equivalent to a room at least twelve feet
square.
§ 1874. At every election held in the city and county of New gºº,
York, each political party shall have the right to designate, place, º'pºem
and keep a challenger at each place of registration, revision of reg- （i.
- g p e s º e 3 cuallengers at
istration, and voting, who shall be assigned such position immedi-Flº
ately adjoining the inspectors of election as will enable him to see ºtion and
each person as he offers to register or vote, and who shall be pro-
tected in the discharge of his duty by the inspectors of election and
the police. Each political party may remove any challenger
appointed by it, and all vacancies which, from any cause, shall
arise, shall be filled by the same party, power, and authority as
conferred the Original appointment.
§ 1875. No person who is registered in one election district shall Id, $37.
register or cause himself to be registered in another district while º $2.
any prior registration remains unerased, or in any other manner ..." "
than is in this chapter provided; but if in the event of any revision
of any general registration in any portion of the city and county of
New York, any person shall present himself before any board of
registration for the purpose of being registered as a voter, and it
shall appear that the name of such person is borne upon the
registry of any election district other than that in which he shall at
the time of such revision make application for registration, and
that since the day of the preceding election or registration he has
removed from the district in which he was then registered to the
district in which he shall at the time of any such revision, apply for
registration, and it shall also appear that there is no meeting of the
board of inspectors in the district in which his name shall be borne
upon the registry for the purpose of revision, then and in such event
the oath of removal may be made before any member of the board Qath of removal
of inspectors in any district to which he shall have removed, and ... "
the person so appearing at any such revision of registration shall
be entitled to all the rights and privileges to which he would be
entitled were the registration a general registration, and the said
person making an Original application for registration.
§ 1876. For all powers, authority, and duties in this chapter Id, $38.
prescribed for or conferred upon, and all action required of º Of
inspectors of election, or of a board of said inspectors of election, ..."
save where such authority or action is specifically allowed to each
of said inspectors, the concurrence or assent of a majority of all
the inspectors of election in any election district must in all cases
be obtained.
§ 1877. The several offices of inspectors of election and poll- d.º.
clerks, in this chapter named and created, are and shall be in all ºn
courts and proceedings deemed and held respectively to be election #.
district offices, and it shall be the duty of the said inspectors of
elections and poll-clerks respectively, or of a majority of the said
inspectors, to be in constant attendance during the hours and times flººdance to
fixed for the discharge of their several duties. uty.
§ 1878. All data and statistics, and all registers, poll-books, and .º.º.
records of every kind and nature, which, under this chapter, or §.
under any law of this state, or which in compliance with any direc- §º º
tion, resolution, or order of the board of police of the city of New "Pº"
512 POWERS OF ELECTION OFFICERS.
Id. §41.
Officers of elec-
tion, etc., have
power to cam-
vass district and
to make ull in-
quiry, etc., into
qualification of
Voters.
Such power to
cease with term
Of Office,
Id. § 12.
Temporary pro-
visions omitted.
Special election
in a portion of
the city same
registration as
for local elec-
tion throughout
city.
Id. §43.
Street numbers
to be altered
only between
1st May and 18t
October,
1872, ch. 875, $44,
Comp. 818.
Registered per-
Sons not voting
to be marked on
registers.
York, are or may be required to be made, ascertained, or kept by,
or returned to or filed with either the chief of the bureau of
elections or the register of records, in the board of health, shall at
all times, during office hours, be open to the inspection, examina-
tion, comparison, and copying of any citizen or elector, free of any
charge whatsoever.
§ 1879. Any inspector of election, poll-clerk, or other officer of
elections, or any challenger appointed in compliance with the pro-
visions of this chapter, or any person designated as provided in
this chapter to be present at the canvass of any ballots, shall at any
time between the Tuesday five weeks preceding the day of any gen-
eral or local election held in the city or county of New York, and
ten days after the first official promulgation by the board of county
canvassers of the canvass, declaration, and certificate of the result
of any such election, have full power and authority to make a
thorough and effective canvass of the election district in and for
which he has been or was designated to serve and act, upon any day
of registration, revision of registration, or election, and to make
full inquiry respecting any and every male resident of any dwelling,
building, or other place of abode in any such election district, his
age, term of residence, and qualification as a voter; but the power
and authority by this section conferred upon any inspector of elec-
tion, poll-clerk, or other officer of election, or any challenger or
person designated to watch the canvass of ballots, shall wholly
cease upon his resignation or removal from the office or position to
which he was appointed, or for which he was designated.
§ 1880. If at any time a special election shall be held in any
portion of the city and county of New York, the same revision of
registration shall be had and made for any such portion of said city
and county, and at the same intervals of time and times preceding
the day of any such special election, and in the same manner as if
the said election was a local election in, for, and throughout the
said city and county, and each and every of the provisions of this
chapter not inconsistent with the terms of this section, shall apply
with as full force and effect to any such special election or revision
of registration therefor as if the same was for a local election in,
for, and throughout the said city and county.
§ 1881. Hereafter it shall not be lawful for any of the author-
ities, officers, or agents of the city or county government, in the
city and county of New York, to number or renumber any street,
avenue, alley, lane, road, or way in the city or county of New York,
or to in any wise change or alter any such number, save between
the first day of May and the first day of October of any year.
§ 1882. In each election district in the city and county of New
York it shall be the duty of the inspectors of election to imme-
diately, after the close of the polls on the day of any election,
before proceeding with the canvass of the ballots in any box, and
while the poll-clerks are canvassing their books, to write in ink
opposite to and against the name of each person entered in their
registers, who is not shown by said registers to have voted, and in
the column headed “voted,” the word “no,” so that the said column
may be wholly filled up, and the said inspectors shall then com-
pare the said registers, make them agree, and ascertain the number
of persons who by them are shown to have voted at that poll that
POLL-LISTS. 513
day; and when they have made comparison and ascertained such
fact, the chairman of the board of inspectors, Or, in his absence, the
inspector acting as such, shall announce the same in a loud voice.
§ 1883. The poll-clerk at each poll in the city and county of
New York shall keep in ink a poll-list, in books to be prepared and
furnished for that purpose, and shall contain a column headed
“residence,” a column headed “name of voter,” and as many ad-
ditional columns as there are boxes kept at the election. The
headings of the additional columns shall correspond respectively
with the names and numbers of the boxes so kept.
§ 1884. The poll books referred to in the preceding section shall
be in form as follows:
POLL-LIST OF WOTERS.
ASSEMBLY DISTRICT.
• , , , , s , s e s - s • * *-* = 4.5-4 V2 -º- * * *-* * * * *-* * * * * * * * * * * e e º e s • * * * * * * * * * *
RESIDENCE. NAME OF WOTER. REMARK8.
(Here put in ad-
‘ditional columns.)
The residence of each elector voting shall be entered by each
poll-clerk in the column of his poll-list headed “residence,” and the
name of each such elector in the column headed “name of voter,”
and opposite the residence and name of any such elector in each
additional column provided for in the preceding section, and
corresponding in its heading with the name and number of a box
in which a ballot of the elector shall have been deposited, shall be
written a check or mark similar to the letter W, and in each such
additional column corresponding in its heading with the name and
number of box in which no ballot of the elector shall have been
deposited, shall be written the word “no.” In the column of
“remarks,” opposite the name of each person challenged, shall be
noted the oath or oaths offered and taken by any such person.
§ 1885. As soon as the poll of an election shall have been finally
closed, the inspectors of election, in their several election districts,
shall immediately, and at the place of the poll, proceed to canvass
the votes. Such canvass shall be public, and shall not be adjourned
or postponed until it shall have been fully completed, and the
Several statements hereinafter required to be made by the inspectors
shall have been made out and signed by them. No vote shall be
received, nor shall any ballot be counted or canvassed, nor shall
any statement of votes, announcement, or proclamation, in this
chapter required, be made at any time when the main entrance to
Number of per-
sons voting to
be ascertained
and proclaimed.
Id. § 15.
Poll-list books
to be kept.
What to
contain.
Id. $46.
Form of poll-
book.
When entries
to be made
therein.
1872, ch. 675, $47,
Comp. 819.
At close of poll
Votes to be can-
vassed in public
and without
adjournment
until completed.
No Vote to be
received or
counted While
enti ance is
closed or
obstructed.
38
514 CANWASSING THE BALLOT- BOXES.
the room in which the election is held shall be closed in such a
manner as to prevent ingress and egress, but the said inspectors
may station one or more officers at such entrance to exclude dis-
Number to wit. Orderly persons; nor shall any such duties be performed unless at
*** least six persons, if so many claim that privilege, are allowed to be
present, and so near that they can see whether the duties of the
Fºllº, said inspectors are faithfully performed. Each candidate for any
*:::...” office to be filled at the election, may, by a certificate in writing,
signed by him, designate one person for each election district in
which he is a candidate, to be present at the canvass of the ballots
containing the names of the persons designated for that office. The
inspectors of election and the police or other officers attending at
such election district specified in said certificate, shall make a
passage for such person to the said inspectors, and the said in-
spectors shall permit him to be present at the canvass of all the
ballots in the box containing the ballots for the office specified in the
said certificate, and so near to them that he can see that such canvass,
and the statement required of the votes found in each box, are cor-
To be protected. rectly made. And no inspector of election, or board of inspectors,
or police or other officer, shall allow such person to be molested or
removed during the canvass of such ballots, or until such statement
has been made, completed and signed, unless he shall be personally
guilty of fraudulent or disorderly conduct.
Id. §48. § 1886. The canvass shall commence by a comparison of the poll-
‘....”.” lists, from the commencement, and a correction of any mistakes that
may be found therein, and such comparison shall be continued until
the poll-lists agree as to the number of ballots deposited in each
Must pepublicly box; when they have been made to agree, one of the inspectors shall
announced. publicly announce, in a loud voice, the number of ballots deposited
in each box as shown by the poll-lists.
##o be § 1887. The boxes shall then be opened, and the ballots therein
opened and canvassed, in the order prescribed in this section, and the canvass
canvassed. of the ballots found in one box shall be completed before another
3. box is opened. The boxes shall be canvassed in the following
& order :
President.
State.
Congress.
Senate.
Assembly.
City.
Justices.
Judiciary.
. City and County.
1872, ch. 675, $50, § 1888. When a box is opened, the ballots contained therein
ºn shall be taken out and counted unopened, except so far as to ascertain
opening box that each ballot is single. If two or more ballots shall be found so
folded together as to present the appearance of a single ballot, they
shall be destroyed, if the whole number of ballots exceeds the
..º.º. whole number of votes, as shown by the poll-lists, and not other-
poll-list. wise.
Id. §51. § 1889. No ballot properly indorsed, found in a box different
#..."; from that designated by its indorsement, shall be rejected, but shall
the wrong box, tº g tº e
how treated" be counted in the same manner as if found in the box designated
OANWASSING THE WOTES. 515
by such indorsement; provided that the counting of such ballot or
ballots shall not produce an excess over the number of ballots
deposited in the box, as shown by the poll-lists.
§ 1890. If a greater number of ballots shall be found in a box Hºline
than is required by the correspondent columns of the poll-lists, all jof
the ballots shall be replaced in the box, and one of the said in- *
spectors to be designated by the board, shall, without seeing the
same, and with his back to the box, publicly draw out and destroy
as many ballots unopened as shall be equal to such excess.
§ 1891. The board shall then proceed to, canvass and estimate ºr
the votes in the following manner: The said inspectors shall open ãº.
the ballots, and place those which contain the same names together, so ...:
º º º opened, how
that the several kinds shall be in separate piles or on separate files. ººgºº,
One of the said inspectors shall then take the kind of ballots which º
appears to be the greatest in number and count them by tens, care- #ºn.
fully examining each name on each of said ballots. . Such inspector
shall then pass the ten ballots to the inspector sitting next to him,
who shall count them in the same manner, and he shall then pass
them to the third inspector, who shall also count them in the same
manner. The third inspector shall then call the names of the per- Pon-clerks,
sons named in the ballots, and the offices for which they are desig- duty of
nated, and the poll-clerks shall tally the votes for each of such per-
sons. The fourth inspector shall watch the proceedings of the Fourth inspes.
other inspectors and the poll-clerks, and at his option may perform the * * *
same duties in respect to the canvass as are prescribed for the third
inspector, or, in case of the absence of the poll-clerk, may per-
form his duties. When the counting of each kind of ballots shall ºff
be completed, the poll-clerks shall compare their tallies together tºo."
and ascertain the total number of ballots of that kind so canvassed, "*
and when they agree upon the number, one of them shall announce
it, in a loud voice, to the inspectors. The kind of ballots which
appear to be next greatest in number, and afterwards each of the
other kinds of ballots in succession shall then be canvassed in the
same manner. The ballots containing, names partly from one kind º.º.
of ballots and partly from another, being those usually called split św.
tickets, and those from which the name of a person proper to be
voted for on such ballots has been omitted or erased, usually called
scratched tickets, shall then be canvassed separately by one of the scratched
inspectors sitting between two of the other inspectors, which ºš'ana
inspector shall call each name to the poll-clerks, and the office for .
which it is designated, the other inspectors looking at the ballot at
the same time, and the poll-clerks making note of the same. When tººl
all the ballots found in the box have been canvassed in this man- º'
ner, the poll-clerks shall compare their tallies together and ascer- ...”
tain the total number of votes received by each candidate, and tº ind of
when they agree upon the numbers, one of them shall announce, in “”
a loud voice, to the inspectors, the number of votes received by
each candidate, on each of the kinds of ballots containing his name,
the number received by him on the split and scratched tickets, and
the total number of votes received by him. If, after the ballots in Proceedings in
any box have been opened or canvassed, the whole number of them tºº.”
shall be found to exceed the whole number of votes required by
the corresponding columns of the poll-lists, the said inspector shall
return all the ballots into the box, and shall thoroughly mingle the
516 STATEMENT OF RESULT OF CANWASS.
1872, ch. 675, $54,
º 82].
A ballot of each
kind to be
pusted on each
statement, and
certificate to be
made thereon.
Proceedings if
only one of a
kind of ballot is
found.
If two only.
Ballots rejected
as defectiye to
be pasted to
8talcı Ile11t.
1872, ch. 675, $55,
Coin D. 822.
Unchangcd.
When Dallots in
any box are can-
Vassed, procla-
mation to be
Tha (le.
Proclamation
Cvidence of
result.
1874, ch. 621, 3,
Coimp, 8:32.
State, 11cnt of re-
8 ult, inspect.JPH
to make, etc.
Statement to be
delivered to
chief of bureau
of elections.
1872, ch. 675, $56,
Comp. 8-2.
TripIlcate 8tate-
ments to be
made.
same, and one of the inspectors to be designated by the board shall,
without seeing the same and with his back to the box, publicly
draw out of such box so many of such ballots as shall be equal to
the excess, which shall be forth with destroyed ; but if the ballots
have been canvassed, the votes for the persons named therein shall
first be deducted from the votes entered for such person on the
tallies.
§ 1892. The canvass of the ballots found in any box shall be
completed by ascertaining how many ballots of the same kind cor-
responding in respect to the names of the persons thereon and
the offices for which they are designated, have been received ;
and the result being found, the said inspectors shall securely paste
or attach to each statement of such canvass hereinafter directed to
be made one ballot of each kind found to have been given for the
officers to be chosen at such election ; and they shall state in words
at full length, immediately opposite such ballot, and written partly
on such ballot and partly on the paper to which it shall be pasted
or attached, the whole number of all the ballots that were received
which correspond with the One so pasted or attached, so that one
of each kind of the ballots received at such election for the officers
then to be chosen shall be pasted or attached to such statement of
such canvass. If only one ballot of any kind shall be found in the
box, it shall be pasted or attached to the statement to be delivered
to the clerk of the board of aldermen, and if only two ballots
of any kind are found in the box, one shall be pasted or at-
tached to the statement to be delivered to the clerk of the board
of aldermen and the other to the statement to be delivered to the
county clerk. They shall also paste or attach all the ballots
rejected by them as being defective in whole or in part, to the state-
ment to be delivered to the clerk of the board of aldermen.
§ 1893. When the canvass of the ballots found in any box shall
have been completed, and the poll-clerks shall have announced to
the inspector the total number of votes received by each candidate,
the chairman of the board of inspectors of election, or, in his
absence, the inspector acting as such, shall proclaim in a loud voice
the total number of votes received by each of the persons voted
for upon the ballots found in that box, and the office for which they
are designated, and such proclamation shall be prima facie evidence
of the result of the canvass of such ballots.
§ 1894. The inspectors shall immediately after such procla-
mation deliver to a patrolman on duty at the polling-places a
statement subscribed with their names, which shall be forth with
conveyed by the said patrolman to the station-house of the pre-
cinct where the polling-place is located ; and the captain or ser-
geant in charge shall immediately transmit, by telegraph or other-
wise, the result of such statement to the superintendent of police.
Such statement shall contain the total number of votes in such bal-
lot-box, and the number of votes found therein for each and every can-
didate. The captain or sergeant in command shall immediately
deliver said statement to the chief of the bureau of elections, whose
duty it shall be to file and preserve the same. -
§ 1895. The said inspectors shall make triplicate statements of
the result of the canvass and estimate of the votes. Each of the
statements shall contain a caption, stating the day on which, and
DISPOSITION OF POLL-LISTS AND BAILLOTS. 517
the number of the election district, and assembly district, and the
city and county in relation to which such statement shall be made,
and the time of opening and closing the polls of such election dis-
trict. It shall also contain a statement showing the whole number
of votes given for each person, designating the office for which they
were given, which statement shall be written, or partly written and
partly printed, in words at length ; and at the end thereof a cer-
tificate that such statement is correct in all respects; which certifi-
cate and each sheet of paper forming part of the statement shall be
subscribed by the said inspectors and poll-clerks. If any inspector
or poll-clerk shall decline to sign any return, he shall state his
reasons therefor in writing, and a copy thereof signed by him shall
be inclosed with each return. Each of the statements shall be
inclosed in an envelope, which shall then be securely sealed with
wax, and each of the inspectors and each of the poll-clerks shall
write his name across every fold at which the envelope, if unfastened,
could be opened, and across the seals thereon. One of the envelopes
shall be directed on the outside to the clerk of the board of alder-
men, another to the county clerk, and the third to the chief of the
bureau of elections. Each set of tallies shall also be inclosed,
securely sealed, and signed in like manner, and one of the envelopes
shall be directed on the outside to the chief of the bureau of elec-
tions, and the other to the mayor. On the outside of every envelope
shall be indorsed whether it contains the statement or the tallies,
and for what election and assembly district.
§ 1896. Within twenty-four hours after the several statements
shall have been subscribed, one of the said inspectors shall deliver
to the clerk of the board of aldermen the statement directed to him ;
another inspector shall deliver to the county clerk the statement
directed to him ; and a third inspector shall deliver to the chief of
the bureau of elections the statement directed to him. One of the
poll-clerks shall deliver to the mayor the tallies directed to him,
and the other poll-clerk shall deliver to the chief of the bureau of
elections the tallies directed to him.
§ 1897. The poll-lists kept at such election shall be certified,
in writing, by both poll-clerks, to be a true and correct list of the
Vote cast at the said election, in their respective election districts,
and within twenty-four hours of the close of the canvass shall be
Filed by such poll-clerks, the one in the office of the county clerk,
the other in the office of the chief of the bureau of elections, and
shall be there preserved. tº
§ 1898. The remaining ballots not so pasted or attached to said
Statements, as hereinbefore provided, shall be destroyed, and the
board of inspectors shall be dissolved.
§ 1899. In case any officer to whom any of the papers in the
preceding sections are directed to be delivered shall be absent from
his office, the same may be delivered to the person authorized in
Such case to attend to his official duties, and the officer or person
to whom any envelope containing any statement or tally, or to whom
any register, or copy thereof, or poll-list shall be delivered as in
this chapter provided, shall give a receipt therefor, to the inspector
or poll-clerk from whom the same is received, and such receipt shall
be filed by said inspector or poll-clerk in the office of the comp-
troller, before any payment for his services shall be made.
Cortified and
8ubscribeſ) on
each sheet by
|...}. and
poll-clerk
Inspector- do-
clining to sign
to Btate reason3.
Statements to
be inclosed,
sealed, and
subscribed.
To whom
directed.
Tallies inclosed
and directed to
mayor and chief
of bureau of
clections.
Id. $37.
By whom and at
what time
deliveries of
Statements to
be made.
Tallies, H.
whom to be
delivered.
1872, ch. 675, $58,
É; 828
Poll-lists to be
certified and
filed with
county Clerk.
and bureau of
elections.
Id $50.
Remaining bai-
lots destroyed.
Id. §60.
Deliveries, how
made.
Receipts to be
givelu.
Receipts to be
filed with comp-
troller.
518 I'ALSE RIEGISTRATION.
Id. §61.
Envelopes filed
with clorld of
board of super-
visors to be
opened.
Id. §tiz.
Filed with
county clerk.
Id. §68.
Board of county
ºwners duty
() [.
How performed.
Id. §64.
At registration
falsely person-
ating elector, or
attempting to
register under
name of another,
or a fulse name
or in two dis-
tricts, or not
having right or
aid and procure
etc., or hinder,
er delay persons
having lawful
right, etc., or
interfere with
election officers,
etc., is a felony,
§ 1900. The envelopes delivered to the clerk of the board of
aldermen shall be kept sealed, and shall not be opened until the
same are produced before the board of county canvassers, when
they shall be opened for the canvassing of the returns, and, when
so opened, the presiding officer of the said board shall mark each
separate sheet of the statements with the initials of his name.
§ 1901. The envelopes delivered to the county clerk shall be
kept sealed and unopened until the same shall be required to be
opened by the board of county canvassers, or other lawful authority,
and, when so opened, the officer or person opening the same shall
mark each separate sheet of the statement with the initials of his
lla,III ().
§ 1902. The board of aldermen of the city of New York shall be
the board of county canvassers; and it shall be their duty to finally
canvass, declare and certify the result of every election hereafter
held in the city and county of New York. Such canvass, declaration,
and certification shall be made and conducted under the existing
provisions of law, not inconsistent with this chapter, so far as the
same are applicable.
§ 1903. If at any general registration of voters, or at any meeting
of inspectors of election held for such purpose or for a revision
thereof as provided in this chapter, any person shall falsely per-
Sonate an elector or other person, and register or attempt or offer
to register in the name of such elector or other person ; or if any
person shall knowingly or fraudulently register, or offer or attempt,
or make application to register, in or under the name of any other
person, or in or under any false, assumed, or fictitious name, or in
or under any name not his own ; or shall knowingly or fraudulently
register in two election districts; or having registered in one dis-
trict, shall fraudulently attempt or offer to register in another ; or
shall fraudulently register, or attempt or offer to register in any elec-
tion district not having a lawful right to register therein ; or shall
knowingly or willfully do any unlawful act to secure registration for
himself or any other person ; or shall knowingly, willfully, or fraud-
ulently, by false personation or otherwise, or by any unlawful means.
cause or procure, or attempt to cause or procure, the name of any
qualified voter in any election district to be erased or stricken from
any register of the voters of such district, made in pursuance of
this chapter, or otherwise than is in this chapter provided ; or by
force, threat, menace, intimidation, bribery, reward, or offer or
promise thereof, or other unlawful means, prevent, hinder, or delay
any person having a lawful right to register or to be registered,
from duly exercising such right; or who shall knowingly, willfully,
or fraudulently compel or induce, or attempt or offer to compel or
induce, by such means, or any unlawful means, any inspector of elec-
tion or other officer of registration, in any election district, to reg-
ister or admit to registration any person not lawfully entitled to
registration in such district, or to register any false, assumed, or
fictitious name, or any name of any person, except as º: in
this chapter; or shall knowingly, or willfully, or fraudulently
interfere with, hinder or delay any inspector of election or other
officer of registration in the discharge of his duties, or counsel,
advise, or induce, or attempt to induce any such inspector or other
officer to refuse or neglect to comply with or to perform his duties,
OFFENSES UNDER THE ELECTION LAWS. 519
or to violate any law prescribing or regulating the same ; or shall
aid, counsel, procure, or advise any voter, person, inspector of elec-
tion, or other officer of registration, to do any act by law forbidden,
or in this chapter constituted an offense, or to omit to do any act
by law directed to be done, every such person shall, upon convic-
tion thereof, be adjudged guilty of a felony, and shall be punished How punished.
by imprisonment in a state prison not less than one nor more than
five years.
§ 1904. If, at any election hereafter held in the city and county 1872, ch,875, $65,
of New York, any person shall falsely personate any elector or other §º, at
person, and vote, or attempt or offer to vote in or upon the name of ; ...,
such elector or other person ; or shall vote or attempt to vote in 4.
or upon the name of any other person, whether living or dead, or
in or upon any false, assumed, or fictitious name, or in or upon any
name not his own ; or shall knowingly, willfully, or fraudulently
vote more than once for any candidate for the same office, except as
authorized by law, or shall vote or attempt or offer to vote in any
election district without having a lawful right to vote therein, or
vote more than once, or vote in more than one election district, or
having once voted, shall vote, or attempt, or offer to vote again ; or
shall knowingly, willfully, or fraudulently do any unlawful act to
secure a right, or an opportunity to vote for himself or for any other
person, or shall by force, threat, menace, intimidation, bribery, or
reward, or offer or promise thereof, or otherwise, unlawfully, either
directly or indirectly, influence or attempt to influence, any elector
in giving his vote, or prevent or hinder, or attempt to prevent or
hinder, any qualified voter from freely exercising the rights of suf-
frage, or by any such means induce, or attempt to induce, any such
voter to refuse to exercise any such right; or shall by any such
means, or otherwise, compel or induce, or attempt to compel or
induce, any inspector of election or other officer of election, in any
election district, to receive the vote of any person not legally qual-
ified or entitled to vote at the said election in such district ; or shall
knowingly, willfully, or fraudulently interfere with, delay, or hinder
in any manner any inspector of election, poll-clerk, or other officer
of election, in the discharge of his duties; or by any of such means
or other unlawful means, knowingly, willfully, or fraudulently
counsel, advise, induce, or attempt to induce any inspector of elec-
tion, poll-clerk or other officer of election, whose duty it is to ascer-
tain, proclaim, announce, or declare the result of any such election,
or to give or make any certificate, document, report, return, or
other evidence in relation thereto, to refuse or neglect to comply
with his duty, or to violate any law regulating the same, or to
receive the vote of any person in any election district not entitled
to vote therein, or to refuse to receive the vote of any person
entitled to vote therein; or shall aid, counsel, or advise, procure, or
assist any voter, person, or inspector of election, or other officer of
election, to do any act by law forbidden, or in this chapter consti-
tuted an offense, or to omit to do any act by law directed to be done,
every such person shall, upon conviction thereof, be adjudged guilty
of a felony, and shall be punished for each and every such offense, How punished.
by imprisonment in a state prison for not less than one nor more
than five years. * ... e
§ 1905. If any poll-clerk, or any inspector of election, performing isſº, ch.675,886,
520 OFFENSES UNDER THE EIECTION LAWS.
Comp. 825.
Certain acts by
poll-clerks de-
clared to be
felonics.
How punished.
Id. §67.
Certain acts of
inspectors de-
clared folonies.
How punished.
1872, ch. 675, §68,
Comp. 826.
Certain acts of
any officer of
election or
member of
board of cam-
VaSSerS de-
clared felonies.
How punished.
Id. §69.
Stuffing ballot-
boxes, changing
ballots, remov-
ing from or
adding ballots to
ballot-box de-
clared felonies.
How punished.
Id. §70.
Fraudulent, cor-
rupt and willful
the duties of poll-clerk, shall willfully keep a false poll-list, or shall
knowingly insert in his poll-list any false statement, or any name or
statement, or any check, letter, or mark, except as in this chapter
provided, he shall, upon conviction thereof, be adjudged guilty of a
felony, and shall be punished by imprisonment in a state prison
for not less than one nor more than five years.
§ 1906. Every inspector of election who shall willfully exclude
any vote duly tendered, knowing that the person offering the same
is lawfully entitled to vote at such election, or shall willfully receive
a vote from any person who has been duly challenged in relation
to his right to vote at such election, without exacting from such
person such oath or other proof of qualification as may be required
by law, or who shall willfully omit to challenge any person offering
to vote, whom he knows or suspects not to be entitled to vote, and
who has not been challenged by any other person, shall, upon con-
viction thereof, be adjudged guilty of a felony, and shall be
punished by imprisonment in a state prison for not more than two
€8,TS.
§ 1907. Every inspector of election, member of any board of
canvassers, messenger, poll-clerk, or other officer authorized to take
part in or perform any duty in relation to any canvass or official
statement of the votes cast at any election, who shall willfully make
any false canvass of such votes, or who shall make, sign, publish,
or deliver, any false return of such election, or any false certificate
or statement of the result of such election, knowing the same to be
false, or who shall willfully deface, destroy, or conceal any state-
ment or certificate intrusted to his care or custody, shall, on con-
viction thereof, be adjudged guilty of a felony, and shall be pun-
ished by imprisonment in a state prison not less than two nor
more than five years.
§ 1908. If any person other than an inspector of election shall
at any such election knowingly and willfully put, or cause to be put,
any ballot or ballots, or other paper having the semblance thereof,
into any box used at such election for the reception of votes; or if
any such inspector shall knowingly and willfully cause or permit
any ballots to be in said box at the opening of the polls and before
voting shall have commenced ; or shall knowingly and willfully, or
fraudulently put any ballot or other paper having the semblance
thereof into any such box at any such election, unless the same
shall be offered by an elector, and his name shall have been found
and checked upon the register, as hereinbefore provided ; or if any
such inspector, or other officer or person, shall fraudulently, during
the canvass of ballots, in any manner change, substitute, or alter
any ballot taken from the box then being canvassed, or from any
box which has not been canvassed, or shall remove any ballot or
semblance therefrom, or add any ballot, or semblance thereof,
to, the ballots taken from the box then being canvassed, or from
any box which has not been canvassed, every such person shall,
upon conviction thereof, be adjudged guilty of felony, and shall
be punished by imprisonment in a state prison for not less than
one nor more than five years.
§ 1909. If any inspector of election, poll-clerk, or other officer
of registration, revision, election, or canvass, of whom any duty
neglect of duty is required in this chapter, or by the general election laws of this
OFFENSES UNIDIER THE EI.ECTION LAWS. 521
state (so far as the same are consistent with the provisions of this
chapter), shall be guilty of any willful neglect of such duty, or of any
corrupt or fraudulent conduct or practice in the execution of the
same, he shall, on conviction thereof, be adjudged guilty of a felony,
and shall be punished by imprisonment in a state prison for not
less than one nor more than five years.
§ 1910. Every inspector of election, poll-clerk, or other officer
or person having the custody of any record, register of votes or
copy thereof, oath, return of votes, certificates, poll-list, or any
paper, document, or evidence of any description in this chapter,
directed to be made, filed, or preserved, who is guilty of stealing,
willfully destroying, mutilating, defacing, falsifying, or º
removing or secreting the whole or any part thereof, or who shall
fraudulently make any entry, erasure, or alteration therein, except
as allowed and directed by the provisions of this chapter, or
who permits any other person so to do, shall, upon conviction
thereof, be adjudged guilty of a felony, and shall be punished for
each and every such offense by imprisonment in a state prison,
. exceeding five years, and shall, in addition thereto, forfeit his
OTT1CG.
§ 1911. Every person not an officer, such as is mentioned in the
last preceding section, or who is guilty of any of the acts specified
in said section, or who advises, procures, or abets the commission
of the same, or any of them, shall, upon conviction thereof, be
adjudged guilty of a felony, and for each and every such offense
shall be punished by imprisonment in a state prison, not exceeding
five years.
§ 1912. Any person who shall be convicted of willful and cor-
rupt false swearing or affirming in taking any oath or affirmation
prescribed by or upon any examination provided for in this
chapter, or upon being challenged as unqualified upon offering to
register or vote, shall be adjudged guilty of willful and corrupt
perjury.
§ 1913. Every person who shall willfully and corruptly instigate,
advise, induce, or procure any person to swear or affirm falsely, as
aforesaid, or attempt or offer so to do, shall be adjudged guilty of
subornation of perjury, and shall, upon conviction thereof, suffer
the punishment directed by law in cases of willful and corrupt
perjury.
§ 1914. If any person shall fraudulently change or alter the
ballot of any elector, or substitute one ballot for another, or fraud-
ulently furnish any elector with a ballot containing more than the
proper number of names, or shall intentionally practice any fraud
upon any elector to induce him to deposit a ballot as his vote, and
to have the same thrown out and not counted, or to have the same
counted for a person or candidate other than the person or candi-
date for whom such elector intended to vote, or otherwise defraud
him of his vote, every such person shall, on conviction thereof, be
adjudged guilty of a felony, and shall, if an inspector of election,
poll-clerk, or other officer of election, be punished with imprison-
ment in a state prison not less than two nor more than five years;
and if not such an inspector, poll-clerk, or other officer of election,
shall be punished by imprisonment in a state prison for not less
than one nor more than five years.
declared a
felony.
How punished.
Id. §71.
Election officers
stealing, de-
stroying, muti-
lating, remov-
ing, secreting, or
altering or per-
mitting others
to do so, de-
clared felonies.
How punished.
1872, ch. 675, § 2,
Comp. 827.
Same acts by
persons not
officers, declared
felonies.
HOW punished.
Id. §73.
False swearing
declared
perjury.
Id. §74.
Instigating
Others to swear
false, declared
subornation of
perjury.
Id. §75.
Acts tending to
defraud a voter
of his vote de-
clared felonies.
How punished,
522 OFFENSES UNDER THIS EINECTION LAWS.
Id. §76.
Convicted
felons offering
to voto unless
pardoned, guilty
of felony.
How punished.
1872, ch. 675, $77,
Comp. 828.
Disobeying any
lawful com-
mand of board
or inspector de-
clared a
misdemeanor.
How punished.
Id. §78.
Certain dis-
orderly acts at
places of
registration and
polis declared
felonies.
How punished.
Id. §79.
Interference
with election
officers in per-
formance of
duty, or going
to or from such
duties, or
threats or
attempts,
declarcd mis-
deineanor R.
§ 1915. If any person who shall have been convicted of bribery,
felony, or other infamous crime under the laws of this state, shall
thereafter vote or offer to vote at any election in the city and county
of New York, without having been pardoned and restored to all the
rights of a citizen, he shall, upon conviction thereof, be adjudged
guilty of a felony, and for each and every such offense, shall be pun-
ished by imprisonment in a state prison for not less than one nor
more than three years.
§ 1916. If any person shall willfully disobey any lawful command
of an inspector of election, or of any board of inspectors of election
iven in the execution of his or their duty as such, at any election,
i. shall, upon conviction thereof, be adjudged guilty of a misde-
meanor, and shall be punished by imprisonment in a penitentiary
for not less than thirty days nor more than one year, or by a fine
of not less than two hundred and fifty nor more than one thousand
dollars, or by both such fine and imprisonment.
§ 1917. If at any general registration of voters, or revision
thereof, or on any day of election, or during the canvass of the
votes cast thereat, any person shall cause any breach of the peace,
or use any disorderly violence, or threats of violence, whereby any
such registration, revision, election, or canvass shall be impeded or
hindered, or whereby the lawful proceedings of any inspector of
election, or board of inspectors of election, or poll-clerk, or other
officer of such election, or challenger, or person designated to be
present at the canvass of any ballots, as hereinbefore provided, are
interfered with, every such person shall, upon conviction thereof,
be adjudged guilty of a felony, and upon conviction thereof, shall
be punished by imprisonment in a state prison for not less than
one nor more than five years.
§ 1918. If any person knowingly or willfully obstruct, hinder,
assault, or by bribery, solicitation, or otherwise, interfere with any
inspector of election, poll-clerk, challenger, or person designated as
provided in this chapter to be present at the canvass of any ballots
in the performance of any duty required of him, or which he may
by law be authorized or permitted to perform ; or if any person, by
any of the means before mentioned, or otherwise unlawfully, shall,
on the day of registration, revision of registration, or of election,
hinder or prevent any inspector of election, poll-clerk, challenger,
or any person designated, as provided in this chapter, to be present
at the canvass of ballots, in his free attendance and presence at the
lace of registration, or of election in the election district in and
for which he is appointed or designated to serve, or in his full and
free access and egress to and from any such place of registration,
revision of registration, or of election ; or to and from any room
where any such registration, revision of registration, or election or
canvass of votes, or of making any returns or certificates thereof,
may be had, or shall molest, interfere with, remove, or eject from
any such place of registration, or poll of election, or of canvassing
ballots cast thereat, or of making returns or certificates thereof, any
such inspector of election, poll-clerk, challenger, or person desig-
nated as provided in this chapter to watch the canvass of any bal-
lots, save as otherwise provided in this chapter, or shall unlawfully
threaten, or attempt, or offer so to do, every such person shall be
guilty of a misdemeanor, and on conviction thereof, shall be pull-
OFI'ENSIS UNDER THE JELECTION I.A.W.S. 523
ished by imprisonment in a penitentiary for not less than six months
nor more than one year, or shall be fined not less than five hundred
nor more than two thousand dollars, or both.
§ 1919. Any inspector of election who shall willfully neglect, or
when called on, shall willfully decline to exercise the powers con-
ferred on him in this chapter, for any of the purposes set forth in
section eighteen hundred and fifty-six of this act, shall be deemed
§ of a misdemeanor, and on conviction thereof shall be pun-
ished by imprisonment in a penitentiary for not less than thirty
days nor more than one year, or by a fine of not less than two hun-
dred and fifty nor more than one thousand dollars, or by both such
fine and imprisonment.
§ 1920. If any person shall, upon the day of any such election,
or before the canvass of votes is completed, steal, or willfully break
or destroy any ballot-box used, or intended to be used, at such
election, or shall willfully or fraudulently conceal, secrete, or
remove any such box from the custody of the inspectors of election,
or shall alter, deface, injure, destroy or conceal any ballot which
has been deposited in any ballot box at such election, which has not
been already counted and canvassed, or any poll-list used, or
intended to be used at such election, or any report, return, certifi-
cate, or other evidence in this chapter required, or provided for,
shall, on conviction thereof, be adjudged guilty of a felony, and shall,
for each and every such offense, be punished by imprisonment in a
state prison for not less than two nor more than five years.
§ 1921. If in any election district, at any general registration of
voters or revision thereof, or at any election hereafter held in the
city and county of New York, any inspector of election or poll-clerk
shall knowingly or willfully admit any person to registration, or
make any entry upon any register of voters or poll-book, or receive
any vote, or proceed with the canvass of ballots, or shall consent
thereto, unless a majority of all the inspectors of election in said
election district are present and concur, he shall, upon conviction
thereof, be adjudged guilty of a misdemeanor, and shall be punished
by imprisonment in the county jail not less than thirty nor more
than sixty days, or fined not less than one hundred nor more than
one thousand dollars, or by both such fine and imprisonment. If
any inspector of election in any election district shall, without
urgent necessity, absent himself from the place of registration or
the polls in said district, upon any day of registration or election,
whereby less than a majority of all the inspectors in such election
district shall be present during the hours of registration, election,
or canvass of ballots, he shall, upon conviction, be adjudged guilty
of a misdemeanor, and shall be punished by imprisonment in the
county jail not less than sixty days nor more than six months, or
shall be fined not less than five hundred nor more than one thou-
Sand dollars, or both.
§ 1922. It is hereby made the especial duty of the district attorney
of the county of New York to immediately prosecute all complaints
which may be made of a violation of any of the provisions of this
chapter, or of the election laws of the state, to final judgment ; and
the court before which any conviction for such violation shall be
had, shall not, in any case, suspend sentence or judgment for more
than ten days; but no indictment for such violation shall be brought
}
How punished.
1872, ch. 675, $80,
º 829.
Willful neglect
or refusul to
perform duties
of inspector
declared a
misdemeanor.
How punished.
Id. §8ſ.
Stealing or de-
stroying, secret-
ing or removing
bullot boxes or
ballo; S. poll-
lists, report, re-
turn, certiſicate,
etc., declared a
felony.
How punished.
Id. §82.
Inspectors and
poll-clerks
admitting per-
Sons to registra-
tion willfully
and unlawfully
guilty of a mis-
(2Ill Q&Il OT.
How punished.
Absence from
duty except
from urgent
Inecessity, a
misdemeanor.
How punished,
Id. $83.
District attor-
ney to prosecute
all complaints
of violations of
this chapter to
final judgment.
Judgment not
to be suspended
more than 10
days.
524. ADVERTISEMENT OF ELECTION DISTRICTS, ETC.
1872, ch. 675,884,
Keeping ballots,
and distributing
$85.
Having distilled
Irregularities in
$87.
Effect of cortain
word election as
election districts
to trial unless the complainant (if any), if he can be found, shall
have at least two days' notice, in writing, from the said district
attorney, of the day when he intends to try the same.
§ 1923. It shall be unlawful for any inspector of election, poll-
clerk, challenger, or person designated as provided in this chapter
to be present at the canvass of any ballots in any district, during
the election or canvass of ballots, to have or keep any ballots
behind the boxes or within the polling-place, or for them or any
person or persons within the polling-place to electioneer, distribute
tickets or ballots, or engage in any political discussion. Any
violation of this section shall be a misdemeanor, and shall be
punished by imprisonment in the county jail for not less than ten
nor more than ninety days, or by a fine of not less than one hundred
nor more than one thousand dollars, or both.
§ 1924. Whoever, during the sitting of any board of inspectors
of election in any election district in the city and county of New
York, whether held for the purposes of registration, revision of
registration, reception or canvass of votes, or of making return
thereof, shall bring, take, order, or send into, or shall cause to be
taken, brought, ordered, or sent into, or shall attempt to bring,
take, or send into any place of registration, or revision of registra-
tion, or of election, any distilled or spirituous liquors whatever, or
shall at any such time and place drink or partake of any such
liquor, shall be deemed and held to be guilty of a misdemeanor.
§ 1925. Irregularities or defects in the mode of noticing, con-
vening, holding, or conducting an election, authorized by law, shall
constitute no defense to a prosecution for a violation of the pro-
visions of this chapter.
• $ 1926. Every act which, by the provisions of this chapter or
the general election laws, is made criminal when committed with
reference to the election of a candidate, is equally criminal when
committed with reference to the determination of a question sub-
mitted to electors to be decided by votes cast at an election.
§ 1927. Upon any prosecution for procuring, offering, or casting
an illegal vote, the accused may give in evidence any fact tending
to show that he honestly believed, upon good reason, that the vote
complained of was a lawful one, and the jury may take such facts
into consideration in determining whether the acts complained of
were willfully done or not.
§ 1928. The word “election,” as used in this chapter, shall be
construed to designate only elections had within the city and county
of New York, for the purposes of enabling electors to choose some
public officer or officers, under the laws of this state or the United
States, or to pass upon any amendment, law, or other public act or
proposition submitted to vote by law. *
§ 1929. The boundaries of all election districts, and the location
of all places of registration, revision of registration, or polling
places shall be publicly advertised on the day preceding the first
day of any general registration or revision of registration, and on
each day of registration, revision of registration, or day of election,
and on such day or days only. The official canvass, immediately
upon its completion and declaration by the board of county can-
vassers, shall be publicly advertised for one day only, All adver-
tising provided for in this section shall be done in two daily news-
FAST DRIVING AND INCUMIBERING THE STREETS. 525
papers only, published in the city of New York, to be designated
by the board of police, and in the City Record, and all matter
advertised shall be prepared and furnished the journals in which it
is to be inserted, free from unnecessary verbiage or repetition ; and
in the publication of any official canvass, all numbers shall be
rinted in numerals only, and the statement or declaration shall be
ut in tabular form.
§ 1930. The legal compensation of all inspectors of election and º.º.
poll-clerks and other officers of election, the cost and expenses of iº º
all necessary election notices, posters, maps, advertisements, regis- tºº."
ters, books, blanks, and stationery, the rent and cost of fitting up, ...her
warming, lighting, cleaning, and safe-keeping of all places of regis- º of
tration, revision of registration, and polling-places, of furnishing, y.
repairing, and carting ballot-boxes, and of all supplies of every kind
and nature for all elections in the city of New York shall be a
city charge, and shall, upon proper certificates, and vouchers, be
paid in the same manner as by law provided for the payment of
other expenses of the said city of New York. The board of alder- Board of alder.
men of the said city of New York shall yearly levy upon the estates, §§"
real and personal, of the said city and county of New York, the ...;
amount estimated to be required to pay the expenses of the regis- º'
tration, or revision of registration, and of all elections which may “
be held in said city and county during the year.
§ 1931. The sheriff or clerk of the county of New York, who 1842, ch 130, $14,
- - tº • ." - as amended,
shall receive a notice of an election, shall, without delay, deliver a jºij,
copy of such notice to the board of aldermen, and each alderman ºeriff,
of said city. He shall also cause a copy of such notice to be pub- ºfiº,
lished once in each week until the election therein specified, in such o
newspapers in said county, not exceeding fifteen in number, having
the largest circulation in the city and the county.
CHAPTER XXV.
WAIRIOUS SUBJECTS OF MUNICIPAL OR LOCAL REGULATION.
Title 1,– The Streets.
§ 1932. Any person who shall drive or ride any horse through isºch, 11, §5,
any street, lane, alley, or public place within the city of New York, Fºg OT
with greater speed than at the rate of five miles in an hour, shall ºil.”
be deemed guilty of disorderly conduct, and upon conviction thereof
by any magistrate, either upon the confession of the party or com-
petent testimony, may be fined for such offense any sum not exceed-
ing 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.
§ 1933. In all cases of persons meeting each other in any street tºº, ch.50,
or road in the city of New York, in carriages, wagons, carts, or §§.
sleighs, each person so meeting shall go to that side of the street ...as
or road on his right, so as to enable the carriages, wagons, carts, or of road.
sleighs so meeting to pass each other, under the penalty of five Penalty.
dollars for every offense, to be recovered by an action, with costs of
suit, in any court having cognizance thereof, by any person suing
§
526 PROCESSIONS AND PARADES.
for the same. The proprietor of the carriage, Yº. 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.
§ 1934. No person shall, at any time, pass, drive, carry on or
over the Southern Doulevard more than four thousand pounds (not
including yº at one load, on any vehicle on wheels, whose
rims or tires are less than five inches in width. Any person violat-
ing the provisions of this section shall be liable to a penalty of ten
dollars for each offense, to be recovered in the name of the mayor,
aldermen and commonalty in any district court.
§ 1935. The owner, agent, or driver of any loaded vehicle upon
wheels, running upon the said Southern Boulevard, having rims or
tires less than five inches in width, shall, upon being required by
the authority having charge of said Southern Boulevard, permit
such loaded vehicle to be weighed at the expense of the city upon
any scales erected upon the line of said Boulevard to ascertain if it
exceed the weight permitted by law to be driven or carried over
said road ; and, upon refusal to do so, such owner, agent, or driver
shall be liable to a penalty of five dollars for each offense, to be
recovered in the same manner.
§ 1936. No person or persons shall throw, cast, or lay any ashes,
offal, vegetables, garbage, dross, cinders, shells, straw, shavings,
dirt, filth, or rubbish of any kind whatever in any gutter, street,
lane, alley, or in any public place in the city. The willful violation
of any of the provisions of this section shall be and is hereby de-
clared to be a misdemeanor, and shall be punishable by a fine of not
less than one dollar nor more than ten dollars, or by imprisonment
for a term of not less than one or more than five days.
§ 1937. Every person who shall willfully throw, expose, or place,
or who shall willfully cause, or procure to be thrown, exposed, or
placed, in or upon any street, highway, or public place in the city
of New York, open for the passage of animals, any nails, pieces of
metal, glass, or other substance or thing which might maim, wound,
lame, cut, or otherwise injure any animal, shall be guilty of a mis-
demeanor.
§ 1938. Every person who shall throw, expose, or place, or who
shall cause or procure to be thrown, exposed, or placed in or upon
any such street, highway, or public place, except upon the curves,
crossings, or switches of railroad tracks, any salt, saltpeter, or other
substance for the purpose of dissolving any snow or ice which may
have fallen or been deposited thereon, shall be guilty of a misde-
Iſle 9,10 OT.
§ 1939. No procession or parade shall use any street, upon the
surface of which is a railway track or tracks, by marching upon the
said track or tracks; and a free passage of cars upon railway tracks
shall not be interfered with by the formation, halt, or march of any
such procession or parade, or of the persons composing it. When-
ever any procession shall find it necessary to march across a railway
track, the portion of said procession which, in so marching, is
likely to stop the passage of any car or cars upon said track, shall
come to a halt in order to permit said car to proceed.
§ 1940. All processions or parades occupying or marching upon
Who liable for
penalty.
1871, ch. 745, $1,
Comp. 857.
Weight of loads
and width of
tires.
Id. $2.
Loaded vehicles
to be weighed
when required.
1856, ch. 377,
§§1, 2,
Čomp. 856.
Restrictions in
throwing aghes,
etc., in streets.
Violations, how
punished.
1876, ch. 16, §1,
Comp. 858.
Throwing
certain sub-
stances in
. Streets made
misdemeanors.
. Id. $2.
1872, ch. 500, $1,
Comp. 867.
No procession
or parade to in-
terfere with free
passage of Cars
upon railway8.
How cross ra.1-
way tracks.
Id. $2.
*
RAILROADS IN THE STREETS. 527
any street, to the exclusion or interruption of other citizens in their tº:
individual right of use thereof (excepting the national guard and the º'
olice and fire departments), are forbidden, unless written notice of ...".
the object, time, and route of such procession or parade be given
by the chief officer thereof, not less than six hours previous to its
forming or marching, to the police authorities of the city; and it
may be lawful for said police authorities to designate to such pro-
cession or parade how much of the street in width it can occupy,
with especial reference to crowded thoroughfares, through which
said procession may move; and when so designated, the chief officer
of said procession or parade shall be responsible that the designation
is obeyed; and it shall be the duty of the police authorities to Escort to be
furnish such escort as may be necessary to protect persons and **
property and maintain the public peace and order.
§ 1941. All processions or parades on Sunday, in any street or Id. 83,
public place of the city, excepting only funeral processions engaged *:::::::"...si.
in the actual burial of the dead, and processions to and from any gº.”
place of worship in connection with a religious service there cele- -
brated, are forbidden ; and in no such excepted case shall there be
any music, fireworks, discharge of cannon or fire-arms, or other dis- Fireworks, ete,
turbing noise; provided that in any military or grand army of the *
republic funeral, music may be played while escorting the body to
and from such places, but such music shall not be played within
one block of any place of worship where worship is being cele-
brated.
§ 1942. Every person willfully violating any provision of the id $4.
three preceding sections shall be guilty of a misdemeanor, punish-
able with a fine not exceeding twenty dollars, or imprisonment not Penalty.
exceeding ten days, or both, at the discretion of the court.
§ 1943. It shall not be lawful to lay, construct, or operate any 1860, ch.10,
railroad, in, upon or along any or either of the streets or avenues of the ºft
Railroads in
city, wherever such railroad shall commence or end, except under ºf New
the authority and subject to the regulations and restrictions which $#.º.
the legislature may have granted since the thirteenth day of January, jog,
eighteen hundred and sixty, or may hereafter grant or provide. ***
This section shall not be deemed to affect the operation, as far as
laid, of any railroad at such date 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.
§ 1944. It shall not be lawful to grant, use, or occupy for the {...}}
purposes of an elevated railroad any portion of the following named “”
streets and places, that is to say, Second avenue below Twenty-
third street, Nassau street, Printing House square, so called, south
of Frankfort street, Park row, Broadway south of Murray street,
Broad street, and Wall street. But nothing herein contained shall
be construed to take away any right given by the report of the
rapid transit commissioners, so called, or any existing right to
cross at an elevation any of said streets, or to affect any act passed
before June nineteenth, eighteen hundred and seventy-nine, re-
stricting the right to use or occupy any of said streets.
§ 1945. It shall not be lawful for any company organized under Sºch,006, $41,
the provisions of chapter six hundred and six of the laws of Šºy
eighteen hundred and seventy-five, or under any other act passed "****
528 OMNIBUS AND STAGE ROUTES.
structed in cer-
thin Streets in
f
1875, ch. 606, $4,
Comp. 1843,
as amended,
1880, ch. 417.
1857, ch. 340, §1,
Comp. 863.
Common Coun-
cil to act.
1854, ch. 142, $14,
Jomp. 862
Licensing of
omnibus and
stages.
1857, ch. 340, $2,
Comp. 863.
Who to run
9tages.
1854, ch. 142, $15,
Comp. 862.
Consent, when
and how termi-
nated.
before June eighteenth, eighteen hundred and seventy-five, to con-
struct a steam railway upon St. Nicholas avenue, or those streets
or avenues in said city commonly known as boulevards, except to
cross the same, under such regulations as shall be imposed by the
commissioners provided for by said act, and every such company
shall be bound by the restrictions and limitations as to its route
and as to its mode of construction, which shall be established by
the commissioners appointed under the acts from which its powers
were derived, as far as such restrictions and limitations are con-
sistent with the provisions of said chapter six hundred and six of
the laws of eighteen hundred and seventy-five. The provisions of
this section shall not be deemed to apply to any horse street rail-
way existing on June eighteenth, eighteen hundred and seventy-five
and theretofore authorized to be constructed.
§ 1946. It shall not be lawful for commissioners appointed pur-
suant to the provisions of chapter six hundred and six of the laws
of eighteen hundred and seventy-five or the amendments thereof to
locate the route or routes of any railway over, under, through or
across Broadway or Fifth avenue, below Fifty-ninth street, Fourth
avenue above Forty-second street, in the city of New York, nor
over, under, through or across such portions of streets and avenues
as are already legally designated for the main line of or occupied
by an elevated or underground railway, in actual operation, nor over,
under, through or across such as are contained in public parks, nor
over, under, through or across such as are occupied by buildings
belonging to the county, or to this state, or to the United States.
§ 1947. No stage or omnibus route, or authority to run stages or
omnibuses in said city, shall hereafter be granted by the common
council, unless a majority of the owners of property upon the
street or streets, avenue or avenues, in or upon which any such
route or privileges is to be operated, shall, before the common
council act on the subject, first consent in writing thereto.
§ 1948. Before any route for the running of omnibuses or stages
shall be established or allowed to be operated in said city, except
as provided in section nineteen hundred and fifty-One, the applica-
tion 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, with
his approval thereof, and a majority of the members elected to such
board 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 trans-
ferred.
§ 1949. Any stage route or privilege hereafter granted by the
common council shall be disposed of at public auction, in the man-
ner 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.
§ 1950. No consent or authority given, pursuant to the provisions
of the last section but one, shall be terminated or altered unless by
the concurrence of the votes of two-thirds of all the members
BREAKING STREET LAMPS, ETC. 529
elected to the common council, nor unless the mayor shall approve
and certify his approval thereto, except that his approval is not
necessary to an alteration or extension of route of any company
organized under chapter one hundred and forty-two of the laws of
eighteen hundred and fifty-four ; and when such authority or con-
sent shall be terminated or altered, without the consent of the pro-
prietors 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 law, or of such regulations as the said common council
may lawfully impose upon such proprietors.
§ 1951. The provisions contained in the preceding section shall §:
apply to all routes for omnibuses or stages established on or before §e.
April fourth, eighteen hundred and fifty-four, in said city; and ...”
licenses then in force for omnibuses or stages therein, and any such
routes or licenses established or in force shall be deemed to have
the approval and consent hereinbefore provided for, and have the
same effect as if made or granted pursuant to the preceding provi-
sions, 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 then existing rates, and to
take the necessary means to collect the same.
§ 1952. It shall not be lawful to run stages or omnibuses in said $54, ch, 142, $17,
city except in conformity with the four preceding sections. §.
§ 1953. If any person shall willfully break, take down, or carry 1813, ch.55, $206,
away any glass lamp hung or fixed in any of the streets of the city º; in.
of New York, or extinguish the lights therein, or be aiding or abet- tº
ting in the same, or shall willfully break or deface any glass, window, knockers, ete.
'porch, knocker, or other fixture in the said city, and shall be thereof
convicted before the recorder, or before either of the police justices,
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,
pay a fine not exceeding twenty-five dollars, one-half to be paid to
the person or persons who shall prosecute for the same to effect.
Upon refusal of payment of such fine, it shall and may be lawful Id. $207.
for such recorder or justice, before whom such conviction shall take ...""
ayment
blace, to commit such offender to the penitentiary, there to remain º º
Without bail for the space of two months, or until such fine and penitentiary.
costs are paid ; and if any such offense shall be committed by any
apprentice or servant, such forfeiture shall be paid by his or her
master or mistress, or in default thereof, such apprentice or Master liable
º shall be committed to such penitentiary in manner afore- ***
S{llCl.
§ 1954. It shall and may be lawful to and for any sheriff, deputy Id, $208.
sheriff, marshal, or member of the police force, who shall see any $º
Derson commit any of the mischiefs or trespasses aforesaid, if such Y.
Derson or persons shall be unknown to such sheriff, deputy sheriff, may be detained
marshal, or member of the police force, 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 night time and the offender shall refuse
to discover his or her name), when such offender shall be brought
before the recorder or one of the police justices, who on conviction of
34
530 BREAKING STREET LAMPS, ETC.
Sheriff, etc., to
give informa-
tion of offense.8.
Id. $209.
These provi-
Sions no bar to
Huit for
damage9.
Id. $210.
Who to be
deemed guilty.
1813, ch. 86, $211,
Comp. 865
Informer not
liable for
penalty.
1867, ch. 806, $27,
Comp. 267.
No obstructions
around landing
of 8tairca 808 Of
Harlem bridge.
1881, ch. 316,
Owners may
lay out parks,
etc.
Not to be .
expense to city.
1881, ch. 289,
§: 3. .
ſpon railroad
such offender shall proceed against him or her in the manner herein-
before directed ; and further, in case any person shall commit any or
either of the offenses aforesaid in the presence of such sheriff,
deputy sheriff, marshal, or member of the police force, then every
such sheriff, deputy sheriff, marshal, or member of the police force,
shall forthwith give information thereof to such recorder or either
of the police justices, in order that such offender may be convicted
thereof and punished.
§ 1955. Neither the two preceding sections, nor anything therein
contained, shall bar or preclude any person or persons from recov-
ering his, her, or their damages against any other person or persons
who shall be guilty of any of the mischiefs or trespasses aforesaid,
but the same may be recovered in the same manner as if they had
never been passed.
§ 1956. Every person who shall or may be present when any of
the mischiefs or trespasses in the three preceding sections men-
tioned shall be committed, shall be deemed to be guilty thereof,
and be subject to the penalties inflicted therein, 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,
§ 1957. If two or more persons shall have been jointly concerned
in committing any of the offenses 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 fine hereinbefore mentioned, but shall, notwith-
standing his or her offense, be entitled to the reward hereinbefore
allowed to informers, anything hereinbefore contained to the con-
trary thereof in anywise notwithstanding.
§ 1958. It shall not be lawful to place or cause to be placed,
any obstruction or impediment at or around the landing of the
staircases at the terminus at each end of the Harlem and Coles'
bridge, the creation at which shall be deemed a misdemeanor,
punishable, on conviction, by a fine of not more than twenty-
five nor less than ten dollars. And the police department is
hereby charged with the execution of the provisions of this
Section.
§ 1959. The owners of property situate on East Forty-second
street, between First and Second avenues, are authorized to lay
out, sod and cultivate two small parks on East Forty-second street,
between said named avenues, and to inclose said parks with an iron
railing ; the said work and improvement to be done at the expense
of said owners, and under the direction of and according to plans
approved by the commissioner of public works of said city. Said
parks when laid out shall be maintained and kept in good order by
said owners without expense to and continue only during the pleas-
ure of the mayor, aldermen and commonalty of said city of New
York.
§ 1960. Upon the New York and Harlem Railroad Company
filing with the comptroller a bond to pay one-half of the cost
IESTABLISHING AND AITETRING GRADES. 531
thereof when the same shall be completed, it shall be the duty of
the mayor, aldermen and commonalty of the city of New York to
construct an iron bridge for foot passengers and carriages over
Fourth avenue at Ninety-seventh street at an elevation above the
railroad at least equal to that of the bridges now spanning said
avenue at Forty-fifth and Forty-eighth streets. Such bridge to be
constructed upon plans and specifications to be approved by the
commissioner of public works, and it shall be the duty of said com-
missioner to cause such bridge to be constructed as soon as practi-
cable after the filing of said bond. The grade of Ninety-seventh
street shall be conformed to the elevation required for said bridge.
§ 1961. Fourth avenue at Ninety-eighth street shall not be
crossed by foot passengers or carriages on the level of the railroad,
but Ninety-eighth street shall be closed for that purpose at the
easterly and westerly lines of said avenue.
Title 2. —Establishing and Altering Grades.
§ 1962. The grades of the streets and avenues as fixed and
established south of Sixty-third street in said city, or which shall
be hereafter fixed and established by the common council north of
Sixty-second street, shall not be changed or altered except as here-
inafter provided. Whenever an application shall be made to change
or alter the grade of any street or avenue established before said
date south of Sixty-third street, or which since said date has been
or may hereafter be established north of Sixty-second street, in
whole or in part, or if at any time the 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 commissioner of public works to give
notice of such application or intention, and the said notice shall be
published in the “City Record,” and when authorized in accordance
with the provisions of section sixty-six of this act, in four dail
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,
established on or before March four, eighteen hundred and fifty-
two, south of Sixty-third street, or which has been established since
that date, or which may hereafter be established north of Sixty-sec-
ond street, except upon the written consent of the owners of at
least two-thirds of the land in lineal feet fronting on each side
of the street or avenue opposite to and adjoining that part thereof,
the grade 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 Sixty-second street, like notice of such intention shall be pub-
lished as provided for in this section. But nothing in this section
contained shall apply to any street or avenue comprised in the dis-
trict referred to in the next section. The commissioner of public
Works shall have the special powers enumerated in section three
hundred and thirty-nine with reference to the streets therein
referred to.
company filing
bond to pay
half the cost,
city to construct
iron bridge.
Plans, etc.
Fourth avenue
closed to foot
passengers, etc.
1852, ch. 52,
§§1, 2
Comp. 657.
64 N. Y. 606,
21 Hun, 533.
Grades of cer-
tain streets not
be altered.
Hilt. 358;
5 Bosw. 414;
43 N. Y. Supr.
426 : 45 id. 499 :
54 HOW. 439.
Notice of
application for
any change of
grade to be
published.
§
§
1
Written consent
of two-thirds of
OW ner8
necessary.
Streets north of
Sixty-second
Street.
532 ISTABLISHING ANT) ALTERING GRADES.
1867, ch. 697,
1, 2,
Comp. 659, 1009.
1872, ch. 872, $7,
Comp. 303.
Commissioner
of public works
to have control
of certain
8treet.8, etc.
68 N. Y. 246 ;
4 ſun, 461 ;
64 N. Y. 661 ;
55 N. Y. 486;
4 Daly. 385 ;
49 How. 405;
50 N. Y. 493;
54 How. 313 ;
52 How. 140 ;
21 Hun, 533.
Maps of streets,
what to 8 how
and where filed.
1867, ch. 697, §3,
Comp. 659, 1009.
Maps to be final.
6 Daly, 18;
65 N. Y. 623,
624 ; 3 Hun 755.
Damagee, how
to be paid.
1866, ch. 307, $2,
CoImp. 1004.
§ 1963. The commissioner of public works shall have and pos-
sess exclusive power to alter and amend the grades which existed
on April twenty-fourth, eighteen hundred and sixty-seven, in any
street, avenue or road then existing and still remaining, and to
establish new grades for all streets, avenues or roads that were laid
out and established or retained within that part of the city, which
is bounded as follows: Northerly by the southerly side of One
Hundred and Fifty-fifth street, easterly by the westerly side of
Lighth avenue, southerly by the southerly side of Fifty-ninth
street, and westerly by the Hudson river; and also within a space
three hundred and fifty feet in width surrounding the Central park.
The said commissioner shall in all cases of the establishment by
him of grades for streets, avenues or roads, cause to be made two
similar maps or plans, showing the grades that shall be amended or
established by him for the streets, avenues, and roads, and said
maps or plans when so made, shall be certified by one of the officers
of the department of public works, to be designated by said com-
missioner for such purpose, and one of said maps shall be filed by
said commissioner of public works in and remain of record in his
office, and the other shall remain of record in the department of
public parks. The maps or plans, when made and filed as afore-
said, shall be final and conclusive, as well in respect to the mayor,
aldermen and commonalty of the city of New York, as in respect
to the owners and occupiers of lands, tenements and hereditaments,
within the boundaries aforesaid, and in respect to all other persons
whomsoever, with the same intent and effect as if the same had
been laid out and established 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.
All damage to any land or to any building or other structure
thereon, existing on the twenty-fourth day of April, eighteen hun-
dred and sixty-seven, or any street, avenue or road laid out on the
map of the city of New York, within the district specified in this
Section by reason of altering the grade of such street, shall be
ascertained and paid in the manner specified in section eight hun-
dred and seventy-three of this act. And whenever said commis-
Sioner shall deem it proper 80 to do, he may file maps, plans or
surveys in the manner before provided, showing the grades for the
streets, avenues and roads within any particular section of the dis-
trict mentioned. :
§ 1964. Whenever the grade of any street, road or avenue, or
part of any street or avenue, shall after April fourth, eighteen hun-
dred and sixty-six, have been or shall be fixed, established or
changed by the commissioners of the Central park, or the depart-
ment of public parks, or the commissioner of public works when
acting as the successor of said commissioners in executing powers
Originally conferred upon them, such grade shall not be thereafter
changed, unless the owners of two-thirds of the land in lineal feet
fronting upon the Street, avenue or road, or part of such street,
avenue or road, when such change is proposed to be made, shall
first consent in writing to such change of grade, and file their con-
sent in the office of the department of public parks, or the commis-
Sioner of public works as the case may be. And upon such consent
PROOKILYN FERRIES. 533
being Bofiled, such grade may be changed by said department or com-
missioner, if it or he shall ãº, it expedient to make such change,
and if any such change of grade shall be so made by said department
or commissioner it or he shall cause maps, plans or surveys show-
ing such changes of grade as may be so made, to be filed in the
Said department or the office of said commissioner as the case
may be.
§ 1965. Nothing of this title contained shall be deemed to affect
the powers conferred upon the department of public parks, with
reference to grades by sections six hundred and seventy to six hun-
dred and seventy-four, inclusive, of this act, nor those conferred
upon the commissioner of public works by section three hundred
and thirty-six and three hundred and thirty-nine to three hundred
1867, ch. 697, §5,
Comp. 1011.
and forty-two, inclusive.
Title 3—Ferries and Bridges.
§ 1966. No person other than the mayor, aldermen and common-
alty, or by their authority, shall erect or keep a ferry between the
city of New York and Long Island, for the carrying or bringing of
any passengers, horses, cattle, hogs, sheep, goods, merchandise, or
other things whatsoever, over the said ferry with or without any
hire or reward, under the penalty of one hundred and twenty-five
dollars for every such offense.
§ 1967. The Union Ferry Company is required to run a boat
from the foot of Catharine street in the city of New York, to the
foot of Main street, in the city of Brooklyn, once in every fifteen
minutes up to twelve o’clock P. M., and once in every half hour
from that time until five o'clock A. M.
§ 1968. The company, corporation, and persons owning or
managing the ferry run and operated between Bridge street, in the
city of Brooklyn, and a point situated between James street and
New Chambers street, in the city of New York, are required to run
and operate said ferry that the boats on said ferry shall make a trip
and passage each way between the points aforesaid as often as once
in every fifteen minutes, between the hours of five o’clock in the
forenoon and ten o'clock in the evening of every day. Any devia-
tion from the requirements aforesaid, caused by ice, wind, tide, or
unavoidable accidents, shall not be a violation of such requirements
and directions.
. § 1969. The lessee or his assigns of the ferry across the East
river from the foot of Tenth street, in the city of New York, to
Greenpoint, in the city of Brooklyn, must provide and navigate upon
Said ferry two good and substantial steam ferry boats, which shall
be run in such manner that one of said boats shall leave each slip
as often as once in every fifteen minutes between the hours of five
2 * g tº & &
9'clock in the morning and nine o'clock in the evening, and every
hour from nine o'clock in the evening until one o'clock in the
morning.
§ 1970. The lessee or his assigns of the ferry across the East river
from the foot of Twenty-third street, in the city of New York, to
Greenpoint, in the city of Brooklyn, must provide and navigate upon
such ferry two good and substantial steam ferry boats, which shall
1813, ch. 86, $53,
Comp. 1250.
No person but
corporation of
New York to
keep a ferry be-
tween said city
and Nassau
Island ; under a
penalty.
1871, ch. 99,
Comp. 1251.
Number of trips
to be made.
1872, ch. 228,
$1, 2.
Comp. 1252.
How often boats
to be run.
1872, ch. 188, §1,
Comp. 1251.
Ferry boats to
be provided.
See 1875, ch. 615.
How to be run.
Id. $2.
Ferry boats to be
provided.
534 BROOKLYN FERRIES.
How to be run.
1872, ch. 188, §3,
Comp. 1252.
Penalty for
failure.
Rates of fare.
Penalty.
1875, ch. 615,
By Nj = 2 * *
omp. 1256.
Ferriage for
foot passengers,
vehicles, etc.
Time for boat,
to leave slip.
Id. $3.
Penalty.
Recovery of
penalty.
be run in such manner that one of such boats shall leave each slip
as often as once every fifteen minutes between the hours of five
o'clock in the morning and nine o'clock in the evening, and every
half hour from nine o'clock in the evening until one o'clock in the
morning. s
§ 1971. If the lessee or his assigns of either of said ferries men-
tioned in the two preceding sections, shall fail to comply with the
said provisions, it shall not be lawful for such lessee or his assigns
to charge or receive more than the following rates of ferriage, to
wit . For each foot passenger, two cents; each one horse carriage,
with horse and driver, fifteen cents; each two-horse carriage, with
horses and driver, twenty cents. And if in such case the said lessee
or his assigns, or any person in the employ of said lessee or his
assigns shall demand or receive any higher rates of ferriage than
those established by this section, the said lessee or his assigns
shall forfeit to the party aggrieved, the sum of twenty-five dollars
for each and every offense, to be recovered before any justice of the
peace, or in any court of the state having cognizance thereof. Any
deviation from the requirements of said sections caused by ice,
wind, tide, or unavoidable accidents shall not be held to be a viola-
tion of such requirements and directions.
§ 1972. It shall not be lawful for any person or corporation
operating any ferry along that portion of the city of New York
between Houston and Thirty-fourth streets and the seventeenth
ward of the city of Brooklyn to charge, collect or receive ferriage
at a higher rate than three cents for each foot passenger, during
any portion of the day or night. The rates for wheel vehicles of all
kinds, and for neat cattle, sheep and hogs, on all such ferries, shall
not exceed those at present charged, collected and received. Such
persons or corporations operating any such ferry shall provide and
navigate on each separate ferry between said places good and sub-
stantial steam ferry boats, which shall be run in such manner that
One of said boats shall leave the slips as often as once in every fif-
teen minutes, between the hours of six o'clock in the morning and
nine o'clock in the evening, and between the hours of nine in the
evening and midnight, once in every thirty minutes; and the boats
running between Twenty-third street, New York, and the said seven-
teenth ward, of Brooklyn, shall continue to run after midnight and
until six o'clock in the morning, once in every thirty minutes.
§ 1973. If any such persons or corporations operating any such
ferry, shall demand and receive any higher rate of ferriage for foot-
passengers than prescribed in the preceding section, or for wheel-
vehicles, neat cattle, sheep and hogs, any higher rate than was on
June twenty-first, eighteen hundred and seventy-five, established,
Or shall omit to run boats within the hours and time therein speci-
fied, when the same can be done with safety, any such person or
corporation shall forfeit and pay to any person aggrieved the sum
of fifty dollars for each and every offense, to be recovered before
any justice of the peace in any court having cognizance thereof;
and framed copies of this and the preceding section, and of the ferry
rates for other than foot passengers, shall be printed in clear and
legible type, and suspended within view of the several offices and
waiting-rooms of the ferries above described. g
§ 1974. It shall not be lawful for any person or corporation,
I3POOKLYN TERRIES. 535
operating any ferries between the city of New York and that por-
tion of Brooklyn lying along the East river between the Navy Yard
and Bushwick Creek (except the Roosevelt street ferry) to charge,
collect, or receive ferriage at higher rates than as prescribed by
this section; which are hereby established as the legal rates of
ferriage upon the aforesaid férries, that is to say: For each one-
horse buggy, wagon, gig or sulky, twenty cents; for each one-horse
business wagon, cart or truck with driver, empty or with Ordinary
load not exceeding ten feet in length, fifteen cents; for each two-
horse pleasure carriage, twenty-five cents; for each two-horse truck
with driver, loaded with ordinary load of sugar, distillery products,
rope, flour, or empty, thirty-five cents; and for the same with extra
load, fifty cents; for each two-horse business wagon and driver,
empty or loaded, not exceeding seventeen feet in length, thirty
cents; for each two-horse market wagon and driver, loaded, thirty-
five cents, for the same empty, thirty cents; for each one-horse
market-wagon and driver, loaded, twenty-five cents, and empty,
twenty cents. And the rates of fare for each foot passenger shall
not exceed two cents on any of the aforesaid ferries.
§ 1975. The rates of fare or ferriage charged on the twenty-fifth
day of May, eighteen hundred and seventy-two, by the New York
and Brooklyn Ferry Company for the transportation of persons,
vehicles or property between the cities of New York and Brooklyn,
upon and over the several ferry routes then run and operated by
said ferry company, are established as the legal rates for ferriage
or transportation over said ferry routes, except as reduced by the
preceding section ; and it shall not be lawful for any corporation or
person who may run or operate said ferries, to charge, collect or
receive any greater rates of fare or ferriage for the carriage of per-
Sons, vehicles or property upon or over the said ferries, than such
as are allowed and established by the provisions of this and the
last preceding sections.
§ 1976. Said rates of fare or ferriage shall not apply to or affect
the ferry running from, at or near Broadway, Brooklyn, E. D., to or
near Toosevelt street, New York, commonly known as the Roose-
velt street ferry, but the rates of fare or ferriage charged on said
date for the transportation of persons or property over said ferry
shall be and continue the legal rates of ferriage thereon, provided
always that ten foot-passenger tickets shall at all times be sold at
the ferry boxes at the entrances to said ferry for twenty-five cents.
§ 1977. The New York and Brooklyn Ferry Company are required
to run their boats on all ferries operated by them all night, and
after the hour of twelve o'clock at night, and before five o'clock in
the morning, as often as once in thirty minutes, and as often as
once every eight minutes from each terminus from half-past five
o'clock to nine o'clock every morning, and from half-past four until
Seven o’clock every evening, and once every ten minutes during the
remainder of the day, except upon the Sabbath, when said company
shall run their boats on all ferries as often as once every twelve
minutes, between the hours of seven o’clock in the morning and the
Same hour in the evening.
$ 1978. The bridge in the course of construction over the East
river, between the cities of New York and Brooklyn shall, when
Completed, be a public highway for the purpose of rendering the
1872, ch. 855, $1,
Comp. 1254.
RateB for
forriage between
New York and
that part of
Brooklyn be-
tween Navy
Yard and Bush-
wick Creek.
Sce 1875, ch. 615.
1872, ch. 855, $2,
Comp. 1255.
Ratch now
charged by
New York and
Brooklyn Ferry
Compan
legalized.
Id. §3.
Not to apply to
Roosevelt street
ferry.
Id. §4.
How New York
and Brooklyn
Ferry Co. re-
quired to run
boats on all
ferries operated
by them.
1875, ch. 300, $1,
omp. 1236.
Id. §3.
Bridge declared
536 AUCTIONEERS’ LICENSES AND BONDS.
a public high-
way.
1875, ch. 300, §5,
Coln.p. 1238.
TepairB.
Id. $7.
Toll, rate of.
Railroads over
bridge.
Id. $8.
Courts, concur-
ºt jurisdiction
Of.
Police force,
appointment of,
Powers and
Compensation
of.
Id. ;
Willful injury
to bridge, a
míHdemeanor.
Penalty,
1. R. S. ch. 87,
tit. 1, §§6, 9,
Comp. 871.
Sales, by whom
made.
Goods damaged
8.1, 308.
1867, ch. 405, §5,
Comp. 873,
1871, ch. 515, $3,
Comp. 875.
Warden to
attend Bales.
travel between the cities of New York and Brooklyn certain and
safe at all times, subject, nevertheless, to such tolls and prudential
police regulations as the trustees thereof shall from time to time
establish and prescribe. 4
§ 1979. Said trustees may make and establish, from time to time,
ordinances and laws under reasonable penalties, to be recovered on
their behalf and in their name by the title of “The Trustees of the
New York and T3rooklyn Bridge " in any court, in the city and
county of New York or county of Kings, having jurisdiction of jus-
tices of the peace, regulating the use of the said bridge and the
travel over the same by persons, vehicles and animals, and for the
protection thereof and all appurtenants thereto ; and may keep and
maintain the said bridge in good and proper condition; and in case
of injury or damage thereto, may repair and restore the same.
§ 1980. The said trustees shall have power to fix the rates of
toll for persons, vehicles, and animals of every kind and descrip-
tion, passing over the said bridge ; and may operate and authorize
to be operated, a railroad or railroads, over said bridge, and fix the
fare to be paid by any passenger upon any railroad operated by them.
§ 1981. Concurrent jurisdiction shall be possessed by the courts
of the city and county of New York and of the city of Brooklyn and
the county of Kings respectively, and by the judicial and adminis-
trative officers of the said cities and counties respectively, over all
crimes and offenses committed upon said bridge. It shall be the
uty of the said trustees to appoint, and they are hereby author-
ized to appoint an adequate police force, and to regulate and direct
the same for the protection of the said bridge, and of the travel
over the same, and of all persons, vehicles, railroad cars and
animals using or passing over the same ; and the policemen 80
appointed shall have and possess all the powers of policemen of
the cities of New York and Brooklyn. The compensation of the
said policemen shall be fixed by the said trustees, and shall be a
charge against Said bridge and paid by said trustees.
§ 1982. Any person willfully doing any injury to the said bridge
or any of its appurtenances shall forfeit and pay to the said trus-
tees three times the amount of such injury, and shall be deemed
guilty of a misdemeanor, and be subject to a penalty not exceeding
five hundred dollars, and to imprisonment not exceeding six months,
in the discretion of the courts.
Title 4.—Auctions and Auctioneers.
§ 1983. All Sales at public auction in the city of New York, not
under the authority of the United States, 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. Goods damaged at sea and sold for
the benefit of the owners or insurers, shall be sold under the
direction of the wardens of the port.
§ 1984. It shall be the duty of the board of port-wardens, 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
AlJCTION SALE8. 537
York, by reason of such damage, for the benefit of owners or under-
writers, 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 such board of wardens on demand, by the auctioneer mak-
ing such sale, and such property shall be exempt from the payment
of auction duties to the state ; and it shall be the duty of auction-
eers to make monthly statements under oath to said board, speci-
fying the total amount of each day's sale made by them under this
act, which statement shall be filed in said warden's 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. The books of such auctioneers shall be open at all
times to the inspection of the board of port-wardens.
§ 1985. All auctioneers doing business in the city shall hereafter
be required, between the first and tenth of June, in each and every
year, to obtain from the mayor of said city a license to engage in
and carry on such business and occupation, upon filing a bond with
two good securities in the penal sum of two thousand dollars.
§ 1986. Every auctioneer shall, 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. The clerk shall
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. Every
auctioneer neglecting to file such certified copy within the time
herein specified, shall forfeit for every 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.
§ 1987. Every auctioneer 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.
§ 1988. Every auctioneer, co-partner, or clerk of an auctioneer,
and every other person whomsoever in the city of New York, who
Bhall advertise a sale by auction in any other manner than the one
prescribed in the foregoing section, or shall be concerned in any
Bale by auction not advertised in the aforesaid manner, shall, on
Conviction thereof, forfeit the sum of five hundred dollars for each
offense, 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.
§ 1989, Lvery auctioneer, within ten days after he shall have
1853, ch. 138, $3.
Comp. 874.
1846, ch. 62,
§§5, 6, 7,
Comp. 872.
Duty of auction-
eers in New
York.
º of county
clerk.
Penalty for
neglect.
1 R. S., ch. 17,
tit. 1, $21,
as amended,
1835, ch. 62,
Comp. 871.
Notice, how to
be given.
Id. $22.
Penalty.
Id. §32,
as amended,
538 FEES OF AUCTIONEERS.
1843, ch. 86.
Duties, when to
be paid.
Id. §33.
Comp. 872.
Payments,
where to be
madc.
Id. §38.
Sales in
New York,
Penalty.
1871, ch. 515, $1,
Comp. 874.
False Or
fraudulent
8tatements
deemed a mis-
demeanor.
See 1853, ch. 138.
Id. $2.
Recovery of
penalty from
auctioneer, by
action at law.
1853, ch. 138, $4,
Comp. 874.
1879, ch. 519, $1,
Comp. 876.
Auctioneers’
fees on judicial
Sales.
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 indorsed thereon and annexed thereto, to the comptroller,
to be filed in his office.
§ 1990. Every such payment made by an auctioneer shall be
made to such bank in the city of New York as shall be desig-
mated 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.
§ 1991. All sales of goods by public auction in the city of New
York by an auctioneer shall be made in the day-time, between sun-
rise and Sun-set, excepting—
1. Dooks 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 section
shall be deemed guilty of a misdemeanor.
§ 1992. Any auctioneer who shall hereafter make or cause to be
made any false or fraudulent representations or statements in
respect to the character of such sale or the party authorizing the
same, or the quality, condition, ownership, situation, or value of
any property, real or personal, exposed, put up, or offered by him
for sale at public auction, or who shall put up or offer for sale any
property, real or personal, in respect to which any false or fraudu-
lent statement or representation shall have been made by him, or to
his knowledge, as to the character of such sale or the party author-
izing the same, or as to the quality, condition, ownership, situation,
or value of such property, shall be deemed guilty of a misdemeanor,
and on conviction thereof, shall be punished by imprisonment not
exceeding one year or by a fine not exceeding one thousand
dollars.
§ 1993. Any person who shall purchase any property at public
auction in respect to which any false or fraudulent representation
or statement as to the character of such sale, or the party author-
izing the same, or as to the quality, condition, ownership, situation,
or value of such property, shall have been made to his knowledge,
may sue and recover from the auctioneer conducting such sale, or
in whose name it shall have been conducted, a penalty of five hun-
dred dollars in addition to any damages sustained by him by reason
of such false or fraudulent statements or representations.
§ 1994. The mayor, on the complaint of any person having been
defrauded by any auctioneer, or the clerk, agent or assignee 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 same charge shall, in his opinion, bº
sustained, then he shall revoke the license granted, and commit
the parties for trial according to law, and direct the bonds to be
forfeited. g
§ 1995. No auctioneer shall hereafter demand or receive for his
services, in selling, at public auction, any real estate directed to be
sold by any judgment or decree of any court of this state, a greatºr
compensation or fee than fifteen dollars for each parcel separately
LICENSES FOR PLACES OF AMUSEMIENT. 539
gold; but where such sale is made at any public salesroom, said
auctioneer may demand and receive such further amount not exceed-
ing two dollars for each parcel separately sold as he may have
actually paid for the privilege or right of making said sale in such
salesroom as aforesaid, but where one or more lots are so sold at
public auction with the privilege to the purchaser of taking one or
more additional lots at the same rates or price, nothing herein con-
tained shall be construed to prevent the auctioneer making such
sale from demanding and receiving for his services the compensa-
tion or fee above allowed, for each additional lot taken by such pur-
chaser under such option or privilege.
§ 1996. No fees or compensation which any auctioneer receives,
or is entitled to receive, on any sale under the provisions of the
preceding section shall be divided with, or any portion thereof,
either directly or indirectly, allowed or paid to, the receiver, referee,
sheriff, or other officer under whose direction such sale is made, or
to any of the attorneys in the action or proceedings.
§ 1997. Any person who shall violate any of the provisions of the
two preceding sections shall be deemed guilty of a misdemeanor,
and shall, upon conviction, be punished by a fine of not less than
two hundred and fifty dollars, and not exceeding five hundred dol-
lars for each offense, and also by the revocation of his license as
auctioneer.
Title 5.-Amusements.
§ 1998. It shall not be lawful to exhibit to the public in any
building, garden or grounds, concert room or other place or room
within the city, any interlude, tragedy, comedy, opera, ballet, play,
farce, minstrelsy, or 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, or rope
dancing, or acrobats, until a license for the place of such exhibition
for such purpose shall have been first had and obtained, as herein-
after provided.
§ 1999. The mayor of the city of New York is hereby authorized
and empowered to grant such license, to confinue in force until the
first day of May next ensuing the grant thereof, on receiving for each
license so granted, and before the issuing thereof, the sum of five
hundred dollars; and every manager or proprietor of any such
exhibition or performance who shall neglect to take out such license,
or consent, or 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,
bart 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 them in force, if
the same shall be used for such purpose, shall be subjected to a
penalty of one hundred dollars for every such exhibition or per-
formance, which penalty the society for the reformation of juvenile
delinquents in said city is hereby authorized to prosecute, sue for,
Id. $2.
Comp. 876.
Fees or com-
pensation not to
be divided.
Id. §3.
Penalty.
1872, ch. 836, §1,
Comp. 848.
Public exhibi-
tions prohibited
unless licensed.
67 N. Y. 23 ;
3 Hun, 84.
Id. $2.
Mayor to grant
licenses.
Penalty for ex-
hibiting without
license.
Penalty, how
recovered and
disposed of.
540 LICENSES IFOR, IPLACES OF AMUSEMIENT.
Id. §3.
Licenses for
three months or
less.
Id. $4.
Disposition of
fees.
1872, ch. 836, §5,
Comp. 849.
License, how
revolved.
Effoct. Of
revocation.
Id. §6.
Violating pro-
visions of this
title, how
punishable.
Id. §7.
Duty of police.
Id. §8.
In case of
violation, who
may proceed by
injunction.
and recover for the use of the said society in the name of the
people of the state of New York. - -
§ 2000. The said mayor is hereby authorized to grant licenses for
said exhibitions or performances for any term less 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, concert room, or other building or place what-
SOGWOT.
§ 2001. Upon granting every such license authorized by this
title, the said mayor shall receive from the person to whom the
same shall be granted the amount payable for said license, as above
provided, 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.
§ 2002. Any license provided for by the four preceding sections
may be revoked and annulled by any judge or justice of any court
of record in said city, upon proof of a violation of any of the pro-
visions of this title ; such proof shall be taken before such judge or
justice upon notice of not less than two days, to show cause why
such license should not be revoked; said judge or justice shall hear
the proofs and allegations in the case, and determine the same sum-
marily ; and no appeal shall be taken 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 said
sections; 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.
§ 2003. Any person violating any of the provisions of sections
nineteen hundred and ninety-eight and nineteen hundred and ninety-
line shall be deemed guilty of a misdemeanor, and upon conviction
shall be punished by imprisonment in the penitentiary for a term
not 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. º
§ 2004. It shall be the duty of every chief of police, sheriff,
deputy sheriff, constable, captain of police, policeman, and every
other police officer, to enter, at alsy time, said places of amusement
and to arrest and convey any person or persons violating any
provisions of sections nineteen hundred and ninety-eight and nine-
teen hundred and ninety-nine forthwith, before any police justice, or
recorder, or magistrate, having jurisdiction in said city, there to be
dealt with according to law.
§ 2005. In case any person shall open, or advertise to open, any
theatre, circus, or building, garden or grounds, concert room or
other place for any such exhibition or performance in said city, re.
ferred to in section nineteen hundred and ninety-eight, without first
having obtained license therefor, as provided for by section nine-
teen hundred and ninety-nine, it shall and may be lawful for the
said society for the reformation of juvenile delinquents in the said
city to apply to the supreme court, or any justice thereof, for an
injunction to restrain the opening thereof, until he shall have Com-
PROHIBITION OF SUNDAY AMUSEMENT, ETC. 541
plied with the requisitions of said section in obtaining such license,
and also with such order as to costs as such court Or justice may
deem just and proper to make ; which injunction may be allowed,
upon a complaint to be in the name of said society, in the same
manner as injunctions are now usually allowed by the practice of
said court. Any injunction allowed under this section may be
served 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 herein before provided
shall be deemed and held sufficient.
§ 2006. The provisions and requirements of sections nineteen
hundred and ninety-eight to two thousand and five, inclusive, shall
not be held to apply to...any building, hall, room or rooms, in which
only private theatricals, tableaux, and other exhibitions for chari-
table and religious purposes are given, nor to the manager or man-
agers of exhibitions given by amateurs for the benefit of any church,
mission, parish or Sunday school, or for any other charitable or
religious purpose, nor shall the same be held to apply to the
masonic temple in New York, or the trustees of the masonic hall
and asylum fund, so long as the revenues of said temple shall con-
tinue to be applied to the use of the masonic hall and asylum fund,
or other charitable purpose, nor to the Young Men's Hebrew Asso-
ciation of Harlem, or to the directors or officers of said association
as such, with respect to any building, not more than one, which
shall in whole or in part be owned or leased by said association,
while so owned or leased, so long as the revenue thereof shall con-
tinue to be applied to the support of said association, and to the
religious, charitable, social, educational, or literary purposes of said
association.
§ 2007. It shall not be lawful to exhibit, on the first day of the
Week, commonly called Sunday, to the public, in any building,
garden, grounds, concert room, or other room or place, within the
City and county 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 jugglers, acrobats, or rope dancing. Any person offending
against the provisions of this section, and every person aiding in
Such exhibition by advertisement or otherwise, and every owner, or
lessee of any building, part of a building, ground, garden, or concert
loom, or other room 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
*ddition to the punishment therefor provided by law, shall be sub-
lºcted to a penalty of five hundred dollars, which penalty the society
for the reformation of juvenile delinquents in said city are hereby
*uthorized, in the name of the people of this state, to prosecuté,
Sue for, and recover for the use of said society; in addition to which
1839, ch. 13, §5,
Comp. 846.
Notice of in-
junction, how
to be given.
1872, ch. 836, §9,
as amended,
1876, ch. 116, $1,
Comp. 849.
Charitable and
religious exhibi-
tions excepted.
1880, ch. 590, $1.
Young Men's
IIcbrew ASSO-
ciation of
IIarlem.
1860, ch. 501,
§§1, 2,
Comp. 851.
No exhibitions
to be given on
Sunday.
69 N. Y. 557;
6 Daly, 276 ;
52 How. 267 ;
10 Abb. N.S. 216.
Persons exhibit-
ing or leasing
to others to ex-
hibit il, guilty
of a misde-
Ill CQIlOI’,
542 PROHIBITION OF SUNDAY AMUSEMENT, ETC.
1829, ch. 270,
ty ºf * , $
as amended,
1858, ch. 359,
Comp. 851.
Masquerados,
etc., prohibited.
Penalty.
1859, ch. 48,
§§ 1, 2, *2;
Comp. 850.
Minors under
age of 14 years
not to be ad-
mitted unless
with adult
person.
Tenalty for
violating a
misdemeanor.
Fine8 to be
paid to Society
Juvenile Delin-
quents.
1862, ch. 281, $2,
Comp. 846.
Selling liquor
prohibited.
And female
waiter}}.
Id. $3.
In certain cases
no licensegiven.
In certain cases
annulled.
Id. ;
Violation of act
misdemeanor.
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.
§ 2008. 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 amuse-
ment whatsoever within the city, 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. An
person offending against the provisions of this section shall be
guilty of a misdemeanor, punishable by a fine of not less than two
thousand five humdred dollars, nor of more than five thousand dol-
lars, 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.
§ 2009. It shall not be lawful for any pyner, 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. Any person violating the provision
of this section shall be guilty of a misdemeanor, and shall be liable
to a fine of 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. All moneys recovered
under the provisions of this section, for fines, shall be paid over to
the treasurer of the society for the reformation of juvenile delin-
quents in the city of New York, for the benefit of such society.
§ 2010. It shall not be lawful to sell or furnish any wine, beer,
or strong or spirituous liquors to any person in the auditorium or
lobbies of any place of exhibition or performance mentioned in sec-
tion nineteen hundred and ninety-eight, or in any apartment con-
nected there with by any door, window, or other aperture; nor shall
it be lawful to employ or furnish, or permit or assent to the employ-
ment or attendance of any female to wait on Or attend in any man-
ner, or furnish refreshments to the audience or spectators, or any
of them, at any of the exhibitions or performances mentioned in
said section, or at any other place of public amusement in the city
of New York.
§ 2011. No license shall be granted for any exhibition or per-
formance given in violation of the preceding section, and any and
every exhibition or performance at which any of the provisions of
the said section shall be violated, shall of itself 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.
§ 2012. Any person violating any of the provisions of the two
preceding sections, or employing or assenting to the employment
or attendance of any person contrary to the provisions of said
sections, shall be deemed guilty of a misdemeanor, and upon con-
viction, shall be punished by imprisonment in the penitentiary for
a term not less than three months nor more than one year, or by *
IREGISTERED PHAIRMACISTS. 543
fine not less than one hundred dollars, nor more than five hundred
dollars, or by both such fine and Imprisonment.
§ 2013. It shall be the duty of the superintendent of police,
sheriff, deputy sheriff, constable, captain of police, policeman
and every other police officer, to enter at any time said places of
amusement, and to arrest and convey any person or persons vio-
lating any provision of the three preceding sections, forth with,
before any police justice or recorder or magistrate having jurisdic-
tion in said city, there to be dealt with according to law.
§ 2014. The owner, lessee, manager, or other person or persons,
having charge or control of any theatre shall cause each and every
door and means of exit to be used in case of fire or panic to be
conspicuously numbered so as to be visible to the audience by
whom the same may be used, and shall have or cause to be
printed in conspicuous type a plan or diagram, and explanation,
showing each of said exits thereon and referring to the numbers
aforesaid, and the same shall be printed in conspicuous type as
aforesaid on the programme or bill of the play. Any and all per-
sons who shall violate any of the provisions of this section, or fail
to comply there with, or any requirement thereof, shall severally,
for each any every violation and non-compliance, respectively
forfeit and pay a penalty in the sum of fifty dollars; to be sued for
and recovered in the same manner as violations of the building
laws in the city of New York are now sued for and recovered by
the fire department.
Title 6.-Pharmacists and Druggists.
§ 2015. It shall be unlawful for any person, unless a registered
pharmacist, known as a graduate in pharmacy, or as a licentiate in
pharmacy within the meaning of this title, to Qpen or conduct any
pharmacy or store for retailing, dispensing or compounding medi-
cines or poisons in the city or county of New York, except as here-
inafter provided.
§ 2016. Any person, in order to be registered, shall be either a
graduate in pharmacy or a licentiate in pharmacy, or a graduate
having a diploma from some legally constituted medical college or
Society.
§ 2017. Graduates of pharmacy, within the meaning of this title,
shall be those persons who have had at least four years' experience
in stores where prescriptions of medical practitioners have been
compounded, and who have obtained a diploma from any college of
pharmacy within the United States, or from some authorized
foreign institution or examining board; and licentiates in phar-
macy shall be those persons who have had at least four years'
experience in stores where prescriptions of medical practitioners
are compounded, and who shall have passed an examination either
before the board for the examination of and licensing druggists and
prescription clerks in the city of New York, established by an act
passed March twenty-eight, one thousand eight hundred and
Seventy-one, or before the board of pharmacy created by chapter
eight hundred and seventeen of the laws of eighteen hundred and
Seventy-two, and continued by this title, or such foreign phar-
Id. $5.
Duty of chief of
police and other
officers.
1880, ch. 279,
$1, 2.
JDoors to be
numbered and
diagram printed
On programme.
Penalty for
failure to com-
ply with this
act.
1873, ch. 817, §1,
Comp. 852.
Duly registered
pharmacists
only to retail,
compound, or
dispense
medicines.
Id. $2.
Qualifications
of persons to be
registered.
Id. §3.
Comp. 853.
Graduates of
Ybarmacy.
icentiates in
pharmacy.
544 IREGISTEl&ED I?IHARMACISTS.
Junior assist-
ants or appren-
tices.
Id. §4.
Board of
pharmacy.
Torm of Office.
Duties of, and
fees.
1872, ch. 817, $5.
Comp. 853.
Secretary to
keep books of
registration.
ScCretary to
receipt for and
pay over fees to
college of
pharmacy.
Id. $6.
Comp. 854.
Registered
pharmacists re-
sponsible for
quality of drugs,
t
(2 DC.
Id. $7.
macists as shall present satisfactory credentials or certificates of
their competency and qualifications to the said board of pharmacy.
Junior assistants or apprentices in pharmacy shall not be permitted
to prepare physicians' prescriptions until they have become
graduates or licentiates in pharmacy. *
§ 2018. The members of the college of pharmacy of the city of
New York shall, on the first Monday of April, one thousand eight
hundred and eighty-four, and on the same day every third year
thereafter, at a special meeting held for that purpose, elect five
competent pharmacists, three of whom shall be graduates of
some legally-constituted medical college, and the remaining two
graduates of some legally-constituted college of pharmacy of the
city of New York, and who shall form and be known as the board
of pharmacy. The members of this board shall, within thirty days
after their election as aforesaid, individually take and subscribe
before the clerk of the county of New York, an oath faithfully and
impartially to discharge the duties prescribed for them by this
title. They shall hold office for the term of three years, and until
their successors are duly elected and qualified ; and in case of any
vacancy, the trustees of the college of pharmacy shall fill the same
from two or more nominees elected at a special meeting of the
College of Pharmacy. The said board shall organize for the trans-
action of business by the election, by them, from their number, for
the whole term, of a president and secretary. The board shall
meet at least once every three months, and three members shall
constitute a quorum. The duties of the said board shall be to
transact all business pertaining to the legal regulation of the prac-
tice of pharmacy in the city of New York, and to examine and
register pharmacists. Any pharmacist applying for examination
shall pay to the secretary a fee of five dollars, and should he pass
such examination satisfactorily, he shall be furnished with a cer-
tificate as to his competency and qualification, signed by the said
board of pharmacy.
§ 2019. It shall be the duty of the secretary to keep a book of
registration at some convenient place, of which due notice shall
be given through the public press, in which book shall be entered,
under the supervision of the said board, the names and places of
business of all persons coming under the provisions of this title.
It shall be the duty of all such persons to appear before the said
board of registration ; and the fee for the registration of pharma-
cists shall not exceed two dollars and for assistants shall not
exceed one dollar. The secretary shall give receipts for all
moneys received by him, and pay over the same to the treasurer
of the College of Pharmacy aforesaid, taking his receipt therefor,
which moneys shall be used for the purpose of defraying the
expenses of the board of pharmacy, and any surplus shall be
for the benefit of the College of Pharmacy. The salary of the
secretary shall be fixed by the board, and shall be paid out of the
registration fees. e -- º
§ 2020. Every registered pharmacist shall be held responsible
for the quality of all drugs, chemicals, and medicines he may sell
or dispense, with the exception of those sold in the original
packages of the manufacturer, and also those known as “patent
medicines,” and should he knowingly, intentionally, and fraudu-
SCHEDUILES. 545
lently adulterate, or cause to be adulterated, such drugs, chemicals,
or medical preparations, he shall be deemed guilty of a mis-
demeanor, and upon conviction thereof, be liable to a penalty not
exceeding one hundred dollars, and in addition thereto, his name
shall be stricken from the register.
§ 2021. It shall be unlawful for any person to retail any poisons
enumerated in schedules A and B, as follows, to wit:
SCHEDUILE A.
Arsenic and its preparations, corrosive sublimate, white pre-
cipitate, red precipitate, biniodide of mercury, cyanide of potas-
sium, hydrocyanic acid, Strychnia, and all other poisonous vege-
table alkaloids and their salts, essential oil of bitter almonds, opium
and its preparations, except paregoric and other preparations of
opium containing less than two grains to the ounce.
SCHEDULE B.
Aconite, belladonna, colchicum, conium, nux vomica, henbane,
savin, ergot, cottonroot, cantharides, creosote, digitalis, and their
pharmaceutical preparations, croton oil, chloroform, chloral-hydrate,
sulphate of zinc, mineral acids, carbolic acid and Oxalic acid, with-
out distinctly labeling the bottle, box, vessel, or paper in which the
said poison is contained, and also the outside wrapper or cover
with the name of the article, the word “poison,” and the name and
place of the seller ; nor shall it be lawful for any person to sell or
deliver any poisons enumerated in schedules A and B, unless upon
due inquiry it be found that the purchaser is aware of its poisonous
character, and represents that it is to be used for a legitimate pur-
pose. Nor shall it be lawful for any registered pharmacist to sell
any poisons included in schedule A, without, before delivering the
Same to the purchaser, causing an entry to be made in a book kept
for that purpose, stating the date of sale, the name and address of
the purchaser, the name and quality of the poison sold, the purpose
for which it is represented by the purchaser to be required, and the
name of the dispenser; such book to be always open for inspection
by the proper authorities, and to be preserved for reference for at
least five years. The provisions of this section shall not apply to
the dispensing of poisons, in not unusual quantities or doses, upon
the prescriptions of practitioners of medicine.
§ 2022. Nothing contained in the foregoing sections of this title
shall apply to or interfere with the business of any practitioner of
medicine who does not keep open shop for the retailing of medicines
and poisons; nor with the business of wholesale dealers, but the
preceding section, and the penalties for its violation, shall apply to
Such persons,
, Ś 2023. Any person who shall attempt to procure registration
for himself, or for any other person, under this title, by making or
cºusing to be made any false representation, shall be deemed guilty
of a misdemeanor, and shall, upon conviction thereof, be liable to a
Penalty not exceeding five hundred dollars. Any registered phar-
Unlawful to re-
tail certain
polSons.
Schedule A.
Schedule B.
Package to be
labelle
“poison,” etc.
Inquiries to be
made.
Entry to be
made.
Not to apply in
certain cases.
1872, ch, 817, S8,
Comp. S55.
Not to apply to
practitioners of
medicines, etc.
Id. $9.
Penalty for
attempt to
register fraudu-
lently, etc.
35
546 PENALTIES FOR WIOLATIONS OF LAW.
Id. §10.
Penalties re-
covered, to
whom to be
paid.
1879, ch, 361,
omp. 866.
Song birds and
certain others
when not to be
killed, etc.
Exceptions.
Penalty.
Penalties, how
distributed.
2 R. S., ch. 4,
tit. 2, §12,
Comp. 484.
Registry of in-
macist who shall permit the compounding and dispensing of pre-
scriptions of medical practitioners in his store or place of business,
by any person or persons not registered, or any person not regis-
tered who shall keep open shop for the retailing or dispensing of
medicines and poisons, or who shall fraudulently, represent himself
to be registered, or any registered pharmacist or dealer in medi-
cines who shall fail to comply with the regulations and provisions
of this title, in relation to the retailing and dispensing of poisons,
shall, for every such offense, be deemed guilty of a misde-
meanor, and upon conviction thereof, be liable to a penalty of fifty
dollars.
§ 2024. Each and every penalty recovered under this title shall
be paid to the trustees of the College of Pharmacy, and shall form
and be known as the library fund of said College of Pharmacy, and
shall be expended for the purchase of books for the library of said
college.
Title 7.—Birds.
§ 2025. No person shall kill, wound, trap, net, snare, catch with
bird lime, or with any similar substance or drug, or in any other
manner capture or sell, expose for sale, or transport during the
months of April, May, June, July, August, September or October,
in any year any bird of song, or any linnet, blue-bird, yellow-hammer,
ellow-bird, thrush, woodpecker, cat-bird, pewee, swallow, martin,
lue-jay, Oriole, kildee, snow-bird, grass-bird, grosbeak, phoebe-bird,
humming-bird, blackbird, wren, excepting birds bred in a cage or
imported from Europe or the southern United States. No person
shall kill or expose for sale, or have in his possession after the same
has been killed, any robin, meadow-lark or starling, between the
first day of January and the fifteenth day of October, save only when
such birds are killed on the premises of the persons killing, and
while they are destroying fruit. This section shall not apply to any
person who shall kill any bird for the purpose of studying its habits
or history, or having the same stuffed and set up as a specimen.
Any person violating this section shall be deemed guilty of a mis-
demeanor, punishable by imprisonment in the county jail or
penitentiary, of not less than five or more than thirty days, and
shall also be liable to a penalty of fifty dollars, to be recovered with
costs, by any person suing therefor in his own name. In all actions
for the recovery of penalties under this section, one-half of the
recovery shall belong to the plaintiff, and the remainder shall be
paid to the chamberlain.
Title 8.—Commercial Paper during Prevalence of Epidemic.
§ 2026. Whenever the board of health shall, by public notice,
designate any portion or district of the said city as being the seat
of any infectious or contagious disease, and declare communication
with such portion or district dangerous, or shall prohibit such com;
munication, it shall be the duty of the clerk of the said city and
county, during the continuance of such disease in such district, to
provide and keep in his office a book for the purpose of registering,
IEMIGRANTS. 547
in alphabetical order, the names, firms, and places of business of any
inhabitant of the city who shall desire such registry to be made.
§ 2027. It shall be the duty of all persons and firms usually resi-
dent or doing business within such infected district, to register in
the book so provided by the said clerk, their names or firms, with
the place or places out of such infected district, but within the
county of New York to which they may have removed the transac-
tion of their business, or to which they may desire any notices to
be sent or served, or any notes, drafts or bills to be presented for
acceptance or for payment. The sum of twenty-five cents may be
claimed and received by the said clerk for every such registry; but
the book in which the same shall be entered shall be, at all times
during office hours, open to public examination, free of all charges.
§ 2028. During the continuance of any such disease in such
infected district, all drafts, notes, and bill, which by law are required
to be presented for acceptance or for payment, may be presented
for such purpose at the place so designated in such registry; and
all notices of non-acceptance and non-payment, of any note, draft,
or bill, or of protest, for such non-acceptance or non-payment, may
be served by leaving the same at the place so designated.
§ 2029. In case any person or firm usually resident or doing
business within such infected district shall neglect to make and
cause to be entered in the book so provided, the registry herein
required, all notes, drafts or bills which by law are required to be
presented to such person or firm for acceptance or for payment, may
be presented to the said clerk of the city and county of New York
during the continuance of such disease, at any time during office
hours, and demand of acceptance or payment thereof may be made
of the said clerk, to the same purpose and with the same effect as if
the same had been presented and acceptance or payment demanded
of such person or firm at their usual place of doing business.
§ 2030. In case of the omission to make the registry herein
required, all notices of the non-acceptance or non-payment of any
note, draft or bill, or of protest for such non-acceptance or non-
payment, may be served on any person or firm usually resident or
doing business within such infected district, by leaving the same at
one of the post-offices for the said city, which service shall be as
valid and effectual as if the notices had been served personally on
Such person or one of such firm, at his or their usual place of doing
business.
§ 2031. Whenever proclamation shall be made by the board of
health or other proper authority of the city, that an infectious or
contagious disease in any such infected district has subsided, it
ºl be deemed to have subsided, for all purposes contemplated in
his title.
CHAPTER XXX.
IMMIGRANTS.
§ 2032. The commissioners of emigration shall, from time to
habitantB in
case of pesti-
lence.
Id. §13.
Their names
and places of
business, etc.
Fee of clerk.
Register may be
examined gratis
Id. §14.
Drafts, notes,
etc., how
presented.
Id. $15.
Id. §16.
Notices, etc.,
may be left at
post-office.
Id. §17.
When pestilence
deemed to have
subsided.
1855, ch. 474,
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
Čomp. 1691.
548 LANDING OF IMMIGTANTS AND THIEIIR IBAGGAGE.
1848, ch. 219, $2,
Comp. 1680.
PašBengerH to
be landed on
the emigrant
pier8.
1855, ch. 474, §8,
a8 amended,
1857, ch. 579, §6,
Comp. 1691.
Duty of health
Officer.
See §1833.
1853, ch. 218,
y º 7
as amended,
1853, ch. 619, $3,.
Comp, 1686.
Landing
paş8engers.
1853, ch. 218, §4,
87.
Comp. 16
designated by the commissioners of emigration. The commis-
sioners of emigration shall have authority to purchase, lease, con-
struct and occupy such wharves, piers and other accommodations
in the city of New York as may be necessary for the accommoda-
tion of emigrant passengers for the purposes mentioned in this
Se CtlOn. - t
§ 2033. It shall be the duty of every ship-master, owner or con-
signee bringing to the port of New York any alien emigrants,
steerage or second cabin passengers, in vessels not subject to quar-
antine, to cause the same to be landed on the emigrant piers afore-
said, either directly from the vessel or by means of some licensed
steamboats or lighters; 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 con-
signee of such ship or vessel. The commissioners of emigration
are empowered to make all necessary regulations for the preserva-
tion 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. -
§ 2034. The health officer shall give notice, in writing, to 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.
§ 2035. The owner or owners, consignee or consignees, 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, subject to the provisions of the preceding sections of
this chapter, land all such passengers on some one of the public
wharves of the city of New York, excepting, however, such wharves
as are owned or rented by, or are under the control of, any steamboat
or railroad or forwarding company or line. 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 passengers, as is provided
for in this section. This section shall apply to the owner or owners,
consignee or consignees, master, commander, or persons having
charge of any steamboat or other vessel employed for the purpose
of conveying any passengers from quarantine.
§ 2036. Any consignee or consignees, master, commander Q.
person having charge of any ship, steamboat or vessel, who shall
violate any of the provisions of the preceding section, and the
owner or owners of such ship, steamboat or vessel, severally and
TANDING OF IMMIGTRANT'S AND THEIR PAGGAGE. 549
respectively, shall be subject to a penalty of five hundred dollars
for each and every violation of any of such provisions, to be sued
for and recovered, with costs of suit, by and in the name of the
commissioners of emigration, in any court having cognizance there-
of; 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.
§ 2037. Any ship, steamboat or vessel, whose master, com-
mander, owner or owners shall have incurred any penalty or for-
feiture, under the provisions of either of the two preceding sections,
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 provisions
of which title shall apply to the forfeitures and penalties imposed
by such sections; 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.
§ 2038. Nothing in the three preceding sections contained shall
be construed to prevent the landing of such emigrant passengers
from steamboats or other vessels, in the manner provided in section
two thousand and thirty-five, 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 liability to bring such ship or vessel to said
public wharf; and the provisions of such section shall apply to
Such steamboat or other vessel so employed.
§ 2039. Any runner, or person acting for himself, or for or on
behalf of or connected with any steamboat, railroad or forwarding
Company, or emigrant boarding-house, who shall solicit or book
any passenger 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 emigrant passengers, prior to the
landing of such passengers therefrom, and also any person, com-
lºny 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
benalty of one hundred dollars for each offense, to be sued for and
recovered in the name of the commissioners of emigration, in any
“ourt having jurisdiction. Any person violating the provisions of
this section may also be indicted for a misdemeanor, which viola-
tion shall be held and taken to be a misdemeanor.
§ 2040. In any case of violation of the provisions of the pre-
ceding section, or of sections two thousand and thirty-five, two
thousand and thirty-six and two thousand and thirty-seven, or any
9f them, whenever it shall be made to appear to any court having
Jurisdiction thereof, upon satisfactory evidence, that such violation
Penalty for
violating provi-
sjong of.
$1823.
Id. §5.
Penalties to be
liens on ship or
vessel.
Id. §6.
Landing from
Steamboats.
1853, ch. 619, $1,
Comp. 1688.
Runners not to
solicit passenger
before leaving
vessel.
Misdemeanor.
1881,ch. 676, §625.
1873, ch. 619, $2.
Penalty may be
remitted, when.
550 IANDING OF IMMIGIRANTS AND THEIR IBAGGAGE.
Id. $4.
Saving clause,
1879, ch. 427.
Commissioners
empowered to
.P.; persons
and effects.
To take into
eustody luna-
tic8, etc.
May, board in-
coming vessels,
etc.
1881, ch. 432.
Tax on alien
passengers to be
paid by masters,
etc., of vessels.
Master to report
under oath to
Imayor names,
etc., of passcn-
gerS.
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.
§ 2041. Nothing in sections two thousand and thirty-five to two
thousand and thirty-nine, inclusive, 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, when-
ever and in any way he shall prefer, upon his personal request or
demand so to do, to the commander of such vessel.
§ 2042. The commissioners of emigration are hereby empowered
and directed to inspect the persons and effects of all persons
arriving by vessel at the port of New York from any foreign
country, as far as may be necessary to ascertain who, among them,
are habitual criminals or pauper lunatics, idiots, or imbeciles, or
deaf, dumb, blind, infirm, or orphan persons, without means or
capacity to support themselves, and subject to become a public
charge, and whether their persons or effects are affected with any
infectious or contagious disease, and whether their effects contain
any criminal implements and contrivances. On discovering any
such objectionable persons or effects, the said commissioners of
emigration and its inspectors are further empowered to take such
persons into their care or custody, and to detain or destroy such
effects if necessary for the public welfare, and keep such persons
under proper treatment, and provide for their transportation and
support as long as they may be a necessary public charge. The
commissioners of emigration shall, in case of habitual criminals,
and may in other cases where necessary to prevent such person or
persons from continuing a public charge, re-transport such person
or persons to the foreign port from which they came. The commis-
Sioners of emigration are #. empowered to board any incoming
vessel from foreign ports arriving at the port of New York, by its
agents and inspectors, who shall have such powers as may be neces-
sary to the effectual execution of this section, and any person who
shall resist them in the execution of their lawful function shall be
guilty of a misdemeanor and may be arrested by the officer resisted,
and, upon conviction, may be sentenced to a term not exceeding six
months in the penitentiary, or to pay a fine of one hundred dollars,
or both.
§ 2043. There shall be levied and collected a duty of one dollar
for each and every alien passenger who shall come by vessel from a
foreign port to the port of New York, for whom a tax has not
heretofore been paid—the same to be be paid to the chamberlain
of the city of New York, by the master, owner, agent, or consignee
of every such vessel within twenty-four hours after the entry thereof
into the port of New York. It shall be the duty of the master or
acting master of every such vessel, within twenty-four hours after
its arrival at the port of New York, to report, under oath, to the
mayor, the names, ages, sex, place of birth, and citizenship of each
and every passenger on such vessel, and in default of such report
every passenger shall be presumed to be an alien arriving at the
PERSONAL I3AGGAGE OF IMMIGRANTS. 551
port of New York for the first time. And in default of every such
payment to the chamberlain, there shall be levied and collected of
the master, owner, agent, or consignee of every such vessel, a pen-
alty of twenty-five cents for each and every alien passenger, in addi-
tion to the duty heretofore imposed. The commissioners of emigra-
tion shall institute suits in the name of the people of the state of
New York for the collection of all moneys due, or which may grow
due, under this section, the same to be paid when collected to the
chamberlain of the city of New York, to be applied by him pursuant
to the terms of the next section.
§ 2044. It shall be the duty of the chamberlain to pay over from
time to time to the commissioners of emigration all such sums of
money as may be necessary for the execution of the inspection laws
of the state of New York, with the execution of which the commis-
sioners of emigration now are or may hereafter be charged by law,
and to take the vouchers of the commissioners of emigration for all
such payments. And it shall be the duty of the said chamberlain
to pay over annually, on the first of January in each year, to the
treasury of the United States, the net product of all the duties col-
lected and received by him under this title after the payments to
the commissioners of emigration aforesaid, and take the receipt of
the secretary of the treasury therefor.
§ 2045. The commissioners of emigration are authorized and
required to grant and issue licenses, and from time to time, in their
discretion, to suspend, revoke, or annul the same, to the owner or
captain of any steamboat, steam-tug, propeller, or barge, used or
engaged, or to be used or engaged, 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 emi-
grant 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.
§ 2046. It shall not be lawful for any steamboat, steam-tug, pro-
peller, barge, or other boat or vessel, or the owner or captain, 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 pas-
Sengers, 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 preceding section shall have been granted and issued to the
then owner or then captain of such steamboat, steam-tug, propeller,
barge, or other boat or vessel, and be then existing and not sus-
pended, revoked, or annulled. -
$2047. The owner and owners jointly and severally, and the cap-
tain or person having charge of any steamboat, steam-tug, pro-
peller, barge, or other boat or vessel, violating the provisions of the
preceding section, 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
Suits for collec-
tion of moneys
due.
Payments to be
made by cham-
berlain to com-
missioners of
emigration. ,
1857, ch. 579, §1,
Comp. 1692,
Licenses.
28 N. Y. 134.
1857, ch. 579, $2,
Comp. 1692.
Removing of
passengers, etc.
1857, ch, 579, §3,
Comp. 1693.
Penalties.
552 IEMIGRANT BOARDING-HOUSES.
Id. §5.
Personal
baggage.
1848, ch. 219, $3,
as amended,
1849, ch. 432, $1,
Comp. 1681.
License
required.
be taken off or removed from such ship or vessel, so being within
this state, in or by any steamboat, steam-tug, propeller, barge, boat,
or other vessel, without the license aforesaid, with the intent or for
the purpose mentioned in said section, 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 per-
son 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 forthwith a lien on such steamboat, steam-tug, pro-
peller, barge, boat, 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
having jurisdiction thereof, or by an attachment under and pursuant
to the provisions of the laws enacted for the collection of demands
against ships and vessels, and said commissioners shall forthwith
be deemed to be, and be creditors of such steamboat, steam-tug,
propeller, barge, boat, or vessel, and have a direct lien thereon.
§ 2048. All personal baggage of emigrant passengers arriving
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 and
severally subject and liable to a penalty of fifty dollars for each and
every emigrant passenger, or his personal baggage, landed at any
lace or pier other than the place or pier aforesaid; which penalty
shall be a lien upon such ship or vessel, and may be enforced and
recovered by and in the name of the commissioners of emigration,
either by an action or by warrant of attachment, under and pur-
suant to the provisions of the laws enacted for the collection of
demands against ships and vessels.
§ 2049. All persons keeping houses in said city for the purpose
of boarding emigrant passengers shall be required to have a license
for said purpose from the mayor, and such person so licensed shall
pay to the city the sum of ten dollars per annum, and shall give
bonds satisfactory to said mayor, with one or more sureties, in the
Notice in
various
languages to be
ut up in each
OllSG.
Copy thereof to
he filed with
commissioner
of emigration.
penal sum of five hundred dollars, for good behavior, and the
proper conduct of all agents and runners in their employ, and the
said mayor is hereby authorized to revoke any 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 and Welsh
languages, and printed upon business cards, to be kept for distribu:
tion as hereinafter provided, a list of the rates of prices which will
be charged emigrants per day and week 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 a copy of said list in the office of the
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
EMIGTANT TRUNNERS. 553
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 boarding-house, 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 by the commissioners of emigra-
tion, and any person who shall keep a boarding or lodging house
for emigrants who shall refuse or neglect to obtain a license in pur-
suance of the provisions of this section, shall, upon the first con-
viction, forfeit the penalty of one hundred dollars, and upon a sub-
sequent conviction shall forfeit the penalty of two hundred dollars,
to be recovered by the persons and in the manner above set forth.
§ 2050. No keeper of any emigrant boarding-house shall have
any lien upon the baggage or effects, of any emigrant for boarding,
lodging, storage, or any other account 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, 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 whom such complaint has been made, and upon conviction
thereof the officer before whom such conviction shall be had shall
cause the 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 com-
mitted to the city prison until the said fine shall be paid, and until
such luggage or effects shall be delivered to such emigrant. Any
person so convicted shall 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 for appeals from the decis-
ions 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 appeals shall not
authorize the detention of such luggage or effects after the pay-
ment of the sum which such mayor or magistrate shall adjudge to
be justly due from such emigrant.
§ 2051. No person shall, in said city, solicit emigrant passen-
gers or their luggage for emigrant boarding-houses, passenger
offices, forwarding transportation lines, or for steamers, ships, or
Vessels bound or about to proceed to any 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
1848, ch. 219, §4,
as amended,
1849, ch. 432, $1,
Comp. 1681.
Restriction as
to lien on effects
of emigrant
boarders.
Right of appeal.
1848, ch. 219, §5,
as amended,
1857, ch. 579, §4,
Comp 1682.
Emigrant
I'll I’ll] ºl’S.
554 EMIGTRANT PASSENGER TICKIETS.
Bonds.
1848, ch. 219, $7,
as amended,
1849, ch. 432, $1,
Comp. 1683.
Agents or per-
Sons booking
emigrant pas-
Sengers to keep
an office and
have license.
Establishments
to have notices
posted, etc.
license may be issued and revoked in the discretion of the commis-
sioners 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 observ-
ance by him of the provisions of this section to the commissioners
of emigration. The money thus received or collected on said bonds
shall be for the benefit 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 such
commissioners shall prescribe, with the words “licensed emigrant
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, without
such license, solicit alien emigrant passengers or others, for the
benefit of boarding-houses, passenger offices, or forwarding or
transportation lines, or for any steamer, ship, or 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 steam-
ship 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 the city, or upon any waters adjacent thereto, over which
said city has jurisdiction, 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 this section may be sued by and in the name of the
commissioners of emigration in any court having cognizance thereof;
and in case of a breach, the said commissioners shall recover the
full penalty of said bond. -
§ 2052. No person or persons shall exercise the vocation of
booking emigrant passengers, or taking money for their inland fare,
or for the transportation of the luggage of such passengers, without
keeping a public office for the transaction of such business, nor
without the license of the mayor, for which 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 such establishment shall have
posted in a conspicuous place and manner at its place of business, in
the English, German, Dutch, 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 commissioners of emigration; 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 trans-
portation of their luggage, and shall refuse or neglect to issue to
TRANSPORTATION OF EMIGRANT PASSIENGERS. 555
the person or persons so paying their fare, or for the transportation
of their luggage, a ticket º; shall state 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 part-
ner, 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 ticket directed to an agent without first having made arrange-
ments 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 of a misdemeanor, and shall, upon conviction, be
punished by confinement in the city 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 trans-
portation of their luggage, without such office and license, or who
shall refuse admission as aforesaid to such office or place of weigh-
ing 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 who shall
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 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 there with, or
any licensed emigrant runner or runners, shall be deemed guilty of
a misdemeanor, and shall upon conviction be punished by imprison-
ment 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.
$2053. Any person who shall sell, or cause to be sold, a passage
ficket, 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
Tickets to be
issued,
Punishment for
violations.
.853, ch. 218, §7,
Comp. 1687.
Selling tickets.
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INVESTIGATION OF WIOLATIONS OF PROVISIONS. 557
certified by the magistrate ; and when so taken and certified, the
said depositions shall be filed in the office of the clerk of the court
of oyer and terminer in and for the city and county of New York;
and upon the trial of any party accused, in whose presence any
such deposition shall have been taken upon any complaint or charge
made against him, relative to the same transaction, such deposition
may be read by either party with the same effect as if the same
witness were sworn ºld his testimony taken in open court upon
such trial ; provided it shall appear thereby that the witness, at the
time the deposition was taken, was a resident of this state, on his
way to some other state, territory, province, or country, or a resi-
dent of another state, territory, or province, or an immigrant from a
foreign country ; and provided further, that it shall not be shown
to the court that the witness, at the time of the trial, is within its
jurisdiction.
§ 2058. Any person violating any provision of the two preceding
sections shall be deemed guilty of a misdemeanor, and shall, upon
conviction, be punished by a fine of not less than three hundred
and not more than one thousand dollars, or by imprisonment of not
less than three months, or by both said fine and imprisonment.
§ 2059. It shall be the duty of all companies, associations, and
persons undertaking to transport or convey, or engaged in trans-
porting or conveying, by railroad, steamboat, canal boat, or propel-
ler, 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, to deliver to the mayor of the city of New
York, and to the commissioners of emigration, on or before the first
day of April on each and every year, a written or printed statement
of the price or rates of fare to be charged by such company, asso-
ciation, or 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 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 mayor ; and such statement
shall also contain a particular description of the mode and route by
which such passengers are to be transported and conveyed, specify-
ing whether it is to be by railroad, steamboat, canal boat, or pro-
peller, 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, association, or person, 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 mayor a similar statement of the prices and rates as
altered and changed by them ; but the rates and prices so changed
and altered shall not be charged or received until five days after the
delivery of the statement thereof to the said mayor.
§ 2060. Every ticket, receipt, or certificate which shall be made
or issued by any company, association, or person, for the convey-
ance of any immigrant, second class, steerage, or deck passengers,
or as evidence of their having paid for a passage, or being entitled
Depositions to
e taken.
May be read on
trial of accused
parties.
Id. §3.
Violations of
act to be deemed
a misdemeanor.
1855, ch. 474, §1,
Comp. 1689.
Tèates of fare to
be charged inn-
migrants.
See 1857, ch.579.
1855, ch, 474, §2,
Comp. 1690.
558 INVESTIGATION OF WIOLATIONS OF PROVISIONS.
Id. §3.
Id. §4.
1855, ch. 474, §5,
Comp. 1691.
to be conveyed from said city, bay or harbor 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 partic-
ular 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.
§ 2061. 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 said city, bay or harbor to any other
point or place, than the prices or rates contained in the statements
which shall be delivered to the mayor and said commissioners, as
in section two thousand and fifty-nine provided for, 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 convey-
ance, 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 over head, and shall be properly pro-
tected at the outsides, either by curtains or partitions, and shall be
properly ventilated. &
§ 2062. Any company, association, person or persons violating
or neglecting to comply with any of the provisions of sections two
thousand and fifty-nine or two thousand and sixty 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 Sec-
tion two thousand and sixty-one shall be deemed guilty of misde-
meanor, and on conviction thereof the person offending may be
punished by a fine of two hundred and fifty dollars, or by impris-
onment 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.
§ 2063. It shall be the duty of every magistrate who shall issue
a warrant for the apprehension of any person or persons for violat-
ing the provisions of section two thousand and sixty-one, 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 Wit-
ness, 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
INVESTIGATION OF WIOLATIONS OF PROVISIONS. 559
the county in which the offense was committed, to be used on the
trial of or on 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 tes-
timony 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.
§ 2064. It shall be the duty of all captains, owners, agents and
consignees of all ships or vessels arriving at the port of New York,
having as a passenger any lunatic, idiot, deaf, dumb, blind, maimed,
infirm, or sick indigent person or persons above the age of sixty
years, to keep, provide and care for such person in a proper man-
ner on board of such ship or vessel, at the expense of such captain,
owner, agent or consignee, until such person shall have been deliv-
ered over to and placed under the care of the commissioners of
emigration. Any person violating this section shall be liable to a
penalty of five hundred dollars for each and every such violation,
to be sued for by the commissioners of emigration.
§ 2065. Each commissioner of emigration shall have power to Id
administer an oath to and examine under oath any witness respect-
ing any complaint made by any person relative to the ship in which
any passenger was brought to the United States, or the treatment
of any passenger during the voyage, or the food or drink furnished
to any passenger on the voyage, or the death on the voyage of any
passenger; but to entitle the same to be read upon the trial of any
person accused of any crime or offense, such examination shall be
made in the presence of the person complained of, who shall have
a right to cross-examine every such witness. Such commissioner
shall cause such testimony to be reduced to writing before him, and
shall sign and certify the same, and shall deliver such depositions,
so signed and certified, to the clerk of the county of New York,
who shall file the same of record in his office, and shall enter a
docket or minute of such filing, on payment of a fee of one dollar.
The said clerk shall deliver a certified copy of such deposition to
any person applying for the same, upon payment of a fee of twenty-
five cents for such certificate, and of five cents for every folio of one
hundred words therein contained.
§ 2066. Before taking such testimony, such commissioners shall
cause at least six hours' written notice thereof to the said vessel,
her owners, master or charterers, to be served on the owners per-
sonally, or on the master personally, or by handing a true copy
thereof to the person found in charge of such vessel. The said
notice, with an affidavit of service, which may be made before such
Commissioner, shall be attached to the deposition; but such notice
need not name the owner, master or charterer, and such owner,
master or charterer, or their agent, may cross-examine said witness;
but no examination shall be adjourned for more than twenty-four
hours, unless by reason of sickness of such witness.
§ 2067. Such deposition and certified copies thereof shall be
evidence in any action then or thereafter pending between any of
the passengers on such voyages and the said ship, or her own-
ors, master or charterers, victualing, manning and navigating her
1866, ch. 737, §1,
Comp. 1673.
Person 8 to be
cared for by
captains, etc.,
of vessels.
. $2.
1868, ch. 857,
g $1, 2, 3,
Comp. 1695.
Examination of
witnesses, rela-
tive to treat-
ment, etc., of
emigrants.
Depositions to
be reduced to
writing.
Fee.
1868, ch. 857, §5,
Comp. 1696.
Notice to
OWners of ves-
sels, before tak-
ing testimony.
1808, ch. 857, $4,
Comp. 1696.
Depositions, or
certified copies
thereof, to be.
evidence in cer-
tain actions.
560 SAILORS' BOARDING-HOUSES.
1864, ch. 387, §1,
Comp. 1676.
Sale of un-
claimed baggage
Advertisement.
Deposit of
funds.
1866, ch. 184, $1,
Comp. 1690.
In what case
COnsent of
Tmaster necCS-
sary to boarding
vessel,
Id. $2.
In what cases
master, owner,
etc., not to give
Consent.
Id. $3,
as amended,
1877, ch. 434, $1.
Keeper8 of
Baloons, hotels,
etc., not to 8hip
Seamon, etc.
Id. §4.
License for
Sailors' board-
ing houses, etc.
Id. $5.
Person3 not
licensed forbid-
den to Solicit.
for such voyage, upon any claim involving the facts therein tes-
tified to.
§ 2068. The commissioners of emigration are authorized and
required to sell at public auction, to the highest bidder, all
unclaimed baggage, goods, or other personal property of emigrant
passengers arriving in vessels at the port of New York, one year
after the same shall have come into their possession, provided the
sale shall be advertised with a full description of said baggage,
goods, or other personal property, together with the time and place
of said sale, for the period of four weeks, in at least two daily
papers published in the city of New York; and the cost of such
advertising and sale, and the necessary expenses incident thereto,
shall be a lien on said baggage, goods or other personal property.
The proceeds of such sales, after deducting the costs and expenses
as aforesaid, shall be deposited in the New York Life and Trust
Company, subject to the claim of the rightful owner, for the term
of two years; and after then shall be applied to the legitimate uses
of the commissioners of emigration, less the costs and expenses.
CHAPTER XXVI.
PROTECTION OF SAILORS.
§ 2069. It shall not be lawful for any person, except a pilot or
public officer, to board, or attempt to board, a vessel arriving in the
port or harbor of New York before such vessel shall have been
made fast to the wharf, without first obtaining leave from the master
or person having charge of such vessel, or leave in writing from her
Owners or agents.
§ 2070. It shall not be lawful for any owner, agent, master or
other person having charge of any vessel arriving or being in the
port of New York, to permit or authorize any sailors' hotel or board-
ing-house keeper, not licensed as hereinafter provided, or any agent,
runner or employee of any sailors' hotel or boarding-house keeper
to board, or attempt to board, any vessel arriving in, or lying, or
being in the harbor or port of New York, before such vessel shall
have been made fast to the wharf or anchored, with intent to invite,
ask or solicit the boarding of any of the crew employed on such
vessel.
§ 2071. It shall not be lawful for any sailors' hotel or sailors'
boarding-house keeper, or the employees of any sailors' hotel or
boarding-house keeper, to engage in the business of shipping sea-
men for any vessel, nor for any such person having boarded any
vessel made fast to any wharf in the port of New York to neglect or
refuse to leave said vessel after having been ordered so to do by the
master or person having charge of such vessel.
§ 2072. It shall not be lawful for any person to keep, conduct or
carry on, either as owner, proprietor, agent or otherwise, any
sailors' boarding-house or sailors' hotel in the city of New York,
without having the license in this chapter provided.
§ 2073. It shall not be lawful for any person not having the
license in this chapter provided, or not being the regular agent,
runner or employee of a person having such a license, to invite, ask
SAILORS' BOARDING-HOUSES. 561
or solicit, in the city or harbor of New York, the boarding or lodg-
ing of any of the crew employed on any vessel.
§ 2074. There is created a board denominated a board of com-
missioners for licensing sailors' hotels or boarding-houses in the
city of New York, consisting of one person selected by each of the
following corporate bodies or associations, respectively, to wit: The
Chamber of Commerce of the State of New York; the American
Seamen's Friend Society, in New York; the New York Board of
Underwriters; the Marine Society of New York; the Society for
Promoting the Gospel among Seamen in the Port of New York;
and the Shipowners’ Association of the State of New York.
§ 2075. Such board shall take the application of any person
applying for a license to keep a sailors' boarding-house, or sailors'
hotel, in the city of New York, and upon satisfactory evidence to
them of the respectability and competency of such applicant, and of
the suitableness of his accommodations, shall issue to him a license,
which shall be good for one year, unless sooner revoked by said
board, to keep a sailors' boarding-house in the city, and to invite
and solicit boarders for the same.
§ 2076. Such board may, upon satisfactory evidence of the dis-
orderly character of any sailors' hotel or boarding-house, licensed
as hereinbefore provided, or of the keeper or proprietor of any such
house, or of any force, fraud, deceit or misrepresentation in inviting
or soliciting boarders or lodgers for such house, on the part of such
keeper or proprietor, or of any of his agents, runners or employees,
or of any attempt to persuade or entice any of the crew to desert
from any vessel in the harbor of New York, by such keeper or pro-
prietor, or any of his agents, runners or employees, revoke the
license for keeping such house.
§ 2077. Every person receiving the license hereinbefore provided
for, shall pay to the board of commissioners aforesaid the sum of
twenty dollars, which, after deducting the actual expenses of said
board incurred in the transaction of the business, which expenses
shall not exceed the sum of fifteen hundred dollars, shall be by them
applied for the relief of shipwrecked and destitute seamen. Said
board shall file on the second Monday of January of each year, in
the office of the clerk of the city and county of New York, a state-
ment showing the number of licenses issued, the names of persons
to whom issued, with name and number of the street or house
licensed during the year preceding, the amount of money received
therefor, the amount and items of their disbursements, and the
amount distributed by them as hereinbefore directed.
§ 2078. The said board shall appoint a president and secretary,
and shall keep an office in the city of New York, and make such
by-laws and regulations as may be needful for the orderly conduct
of its business, not inconsistent with the Constitution and laws of
this state.
§ 2079. The said board shall furnish to each sailors' hotel or
90Arding-house keeper, licensed by them as aforesaid, one or more
badges or shields, on which shall be printed or engraved the name
of such hotel or boarding-house keeper, and the number and street
of his hotel or boarding-house; and which said badges or shields
shall be surrendered to said board upon the revocation by them or
°xpiration of any license granted by them, as herein provided.
boarding of
Hailors.
Id. §6,
48 amended,
1877, ch. 434, §2,
Çomp. 1700.
Sailors' hotels,
º licensing
OI.
Id. §7.
Their duties.
1866, ch. 184, §8,
Comp. 1700.
Revocation of
license.
Id. $9.
License fees,
how to be
applied.
Statement of
licenses.
Id. §10.
President of
board, etc.
By-laws.
Id. §11.
Comp. 1701.
Badges to be
furnished by
board.
36
562 J3OARD OF POIRT - WAIRIDENS.
Id. §12.
To be worn
conspicuously.
Id. §13.
Id. §14.
Penalties for
violation of pro-
visions of this
title.
1866, ch. 184, $15,
Comp. 1701.
What, ‘‘Vessel ”
includes.
1866, ch. 369, $1,
Comp. 1706.
1858, ch. 405, $1,
Comp. 1709.
Board of
wardens.
17 N. Y. 141.
§ 2080. Every sailors' hotel or boarding-house keeper, and every
agent, runner or employee of such hotel or boarding-house keepers,
when boarding any vessel in the harbor of New York, or when
inviting or Soliciting the boarding or lodging of any seaman, sailor
or person employed on any vessel, shall wear conspicuously dis-
played the shield or badge referred to in the foregoing section.
§ 2081. It shall not be lawful for any person, except those named
in the preceding section, to have, wear, exhibit or display any such
shield or badge to any of the crew employed on any vessel with the
intent to invite, ask or solicit the boarding or lodging of any of the
crew employed on any vessel being in the harbor of New York.
§ 2082. Whoever shall offend against any or either of the pro-
visions contained in sections two thousand and sixty-nine to two
thousand and seventy-three, inclusive, or two thousand and eighty
or two thousand and eighty-one, of this act, and any commissioner
appointed under this chapter, who shall directly or indirectly
receive any gratuity or reward other than as herein provided for, or
on account of any license under this chapter, shall be deemed guilty
of a misdemeanor, and shall, upon conviction thereof, be punished
by imprisonment in a county jail for a term not exceeding one year,
and not less than thirty days, or by a fine not exceeding two hun-
dred and fifty dollars, and not less than one hundred dollars, or by
both such fine and imprisonment.
§ 2083. The word “vessel,” as used in this chapter, shallinclude
vessels propelled by steam.
§ 2084. The president of the trustees of the Seamen's Fund and
Retreat in the city of New York shall demand and be entitled to
receive, and in case of neglect or refusal to pay, shall, in the name
of the people of the state of New York, sue for and recover the
following sums from either the owner or owners, or from the master,
or from both the owner or owners and master, of every vessel from
a foreign port ; for the master, one dollar and fifty cents; for each
mate, sailor or mariner, one dollar. Second, from the master of
each coasting vessel, from each person on board composing the
crew of such vessel, twenty-five 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 for the penal-
ties imposed by law on masters of coasting vessels for non-payment
of hospital money.
CHAPTER XXVII.
THE PORT-WAIRDEN.S.
§ 2085. There is established a board of 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 com-
posed 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. All appoint-
DUTIES OF POPT-WATRIOTCNS. 563
ments of port-wardens 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. Anywarden may be removed
for misconduct or neglect of duty, 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.
§ 2086. The said board shall have power to appoint a secretary
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,
in 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 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 accord-
ingly; 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 chapter 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 chapter.
§ 2087. It shall be the duty of said board or some of them,
on being notified and requested by any of the parties interested, 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
Pºrson in interest (as part owner or master) of said vessel, each and
all of whom shall be primarily liable for such damage. And the
§aid 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, spars,
sºils, rigging, and all appurtenances thereof, and they shall call to
their assistance one or more carpenters, sail-makers, riggers, ship-
Wrights, or other person skilled in his profession, to aid them in
Removal.
Id. $2.
Secretary.
17 N. Y. 141.
Id. §3.
Comp. 1710.
Duties of
Warden.
17 N. Y. 141.
564 DUTIES OF POI&T-WARDENS.
1858, ch. 405, $4,
Comp. 1711.
Damaged goods.
1858, ch. 405, $5,
Comp. 1711.
Attend sales.
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 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.
§ 2088. 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 merchan-
dise, 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 evi-
dence of the existence and contents of such record in any court
of this state, in all cases of inquiries, examinations and surveys re-
lating to vessels, and cargoes on board thereof, as specified in this
chapter. The said board shall give notice to all persons interested
in or having charge of the subject matter of such inquiry, examina-
tion 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.
§ 2089. 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 auc-
tioneers 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 auc-
tion duty to the state ; and it shall be the duty of auctioneers to
SPECIAL WARDENS AT QUARANTINE. 565
make monthly statements to said board, specifying the total amount
of each day's sale made by them under this section, which state-
ment shall be filed in said warden's 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, or cargo, or dam-
aged goods, or at any warehouse, store, or dwelling, or in the pub-
lic 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 chapter.
§ 2090. It shall be unlawful for any person or persons, except
the port-wardens duly appointed under this chapter, to assume
to act as port-wardens, or to undertake the performance of any of
the duties prescribed in this chapter, 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 per-
formance 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 chapter ; and any person or persons violating the
provisions of this chapter shall be deemed guilty of a misdemeanor,
and shall forfeit and pay to the wardens 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 chapter, for any violation of
the laws appertaining to the duties of the port-wardens of the port
of New York.
§ 2091. The governor shall nominate and, by and with the con-
sent 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. Said wardens shall be appointed for the
term of three 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 per-
formed ; 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 com-
Id. §6.
Comp. 1712.
1 Barb. Ch. 519.
Penalties.
Penalty for
violation.
1858, ch. 405, $7,
Comp. 1712.
Special wardens
at quarantine.
566 COMMISSIONERS OF PILOTS.
Id, §8.
Comp. 1713.
Receipts.
1858, ch. 467,
§1, 2, 3, 4,
omp. 1688.
Board Of
commissioners.
See 1863, ch. 358,
$34, relating to
quarantine im-
poses a duty on
pilots; 45 N. Y.
446; 59 N. Y.
131.
Three commis-
Sioners to be
elected by
Chamber of
Commerce.
Two commis-
sioners to be
elected by presi-
dent and vice-
president of the
marine insur-
8.D.C6. ºpºnies.
New York.
Election in case
of vacancy of
CODO II) ISS1OIlêI’S.
Id. §5.
Oath of Office.
pensation and emoluments of said office shall be divided equally
between the said special wardens, share and share alike.
§ 2092. The said board of port-wardens shall keep a full and
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 veri-
fied 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.
CHAPTER XXVIII.
DII,OTS AND PILOTAGE.
Title 1–Sandy Hook Pilots,
* $ 2093. There shall continue to be in the city of New York a
board entitled “the board of commissioners of pilots,” consisting
of five persons, to hold their offices, respectively, for two years
from the time of their election, and until others shall be elected.
Three of such commissioners shall be elected by the members of
the Chamber of Commerce of the city of New York, at a meeting
to be called for the purpose, to be specified in the 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
prima facie evidence of such election. Two other of such com-
missioners shall be elected by the presidents and vice-presidents
of the marine insurance companies of the city of New York, com-
posing or represented in the board of underwriters of said city, at
a regularly convened meeting of such board, on the notice of their
Secretary, stating 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 Sec-
retary of such board, or of any officer acting in his stead, shali be
sufficient prima facie evidence of an election. Upon the expiration
of the term of office of any commissioner or commissioners, or
within thirty days prior thereto, and upon any vacancy occurring
by death, resignation, 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.
* $2094. Each commissioner, before entering upon the duties of
his office, shall take the usual oath of office before an officer author-
ized 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. º
*$2095. The commissioners shall appoint a secretary, who shall
take a like oath, to be filed in like manner, as provided in the pre-
ceding section; and they may remove him at any time and appoint
Id. $6.
Secretary.
* As amended by Chap. 276, Laws of 1883.
T,ICENSING OF PILOTS. 567
another ; and shall prescribe his duties and compensation. The
board shall establish an office in some convenient 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.
* $ 2096. The commissioners shall require their secretary in per-
son, 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 them, with the
dates of their licenses respectively, and such books may be inspected
by any person interested. *
* $ 2097. The commissioners, or a majority of them, shall 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 commis-
Sioners may specify in such licenses different degrees of qualifica-
tions 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 of 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 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.
§ 2098. It shall be the duty of the said commissioners, before
they shall grant a license to any person applying therefor to act as
a pilot in pursuance of this title, 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 by the way of Sandy Hook, who shall be notified to attend for
the purpose, and who are hereby required to attend and assist in
Such examination ; or in case of the non-attendance 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, bearings and dis-
tances 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 examina-
tion, 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 from the port of New York by the way of Sandy Hook.
* As amended by Chap. 276, Laws of 1883.
Id. §7.
Office to be
established.
1853, ch. 467, §8,
Comp. 1639.
Duties of
Becretary.
Id. $9,
as amended,
1854, ch. 194, $1.
Licensing
pilots.
Id. §10.
Comp. 1640.
Examination to
be made before
granting license.
568 IFEES OF SANDY HOOK PILOTS.
Id. §11.
Tecognizance
to be given.
1853, ch. 467, §12
Comp. 1641
&S amended,
j
1855, ch. 196, $2.
Regulation of
pilot boats and
pilotage.
1807, ch. 930, $1
Comp. 1641.
1853, ch. 467, §13
Comp. 1641,
as amended,
1854, ch. 196, ;
1865, ch. 137, §1
1870, ch. 548, $2
Fees of pilots.
3.
y
*
º
y
§ 2099. The commissioners, before granting licenses, shall re-
quire 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, and they may direct the same to be
applied for purposes as expressed in section twenty-one hundred
and twelve.
§ 2100. The said commissioners shall have the power to regulate
the stationing of pilot boats for the purpose of receiving pilots
from outward-bound vessels, may alter or amend any existing
regulations for pilots, and make and duly promulgate and enforce
new rules or regulations, not inconsistent 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 for each
offense, to prevent any of the pilots licensed by them from com-
bining 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. Any pilot bringing in a vessel from sea shall, by himself or
One of his boat's company, be entitled to pilot her to sea when she
next leaves the port, unless, in the meantime, a complaint for mis-
conduct or incapacity shall have been made against such pilot, or
one of his boat's company, and proved before the board of commis-
sioners of pilots; provided, however, that if the owner of any vessel
shall desire to change such pilot, then the said commissioners may
assign any other pilot on the same pilot boat to pilot said vessel
to Sea. •
§ 2101. The fees for piloting are hereby established as follows:
For every merchant vessel, inward bound, and not exempted
from pilotage by virtue of these regulations, drawing less than four-
teen feet of water, three dollars and seventy cents per foot.
For every vessel drawing fourteen feet, and less than eighteen
feet of water, four dollars and fifty cents per foot.
For every vessel-drawing eighteen feet, and under twenty-one feet
of water, five dollars and fifty cents per foot.
For every vessel drawing twenty-one feet of water and upward,
six dollars and fifty cents per foot. If the master or owners of any
FEES OF SANDY IHOOK I’ILOTS. 569
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.
Tor piloting national armed vessels of the United States, and
also those of foreign nations, seven dollars and fifty cents per foot.
When any ship or vessel, bound to the port of New York, is boarded
by any pilot appointed by this board, at such distance to the south-
ward 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
day time, and in fair weather, the addition of one-fourth to the rates
of pilotage hereinbefore mentioned shall be allowed to such pilot.
§ 2102. The pilotage on merchant vessels outward shall be as
follows:
For every vessel drawing less than fourteen feet of water, two
dollars and seventy cents per foot,
For every vessel drawing fourteen feet, and less than eighteen
feet of water, three dollars and ten cents per foot.
Tor every vessel drawing eighteen feet, and less than twenty-one
feet of water, four dollars and ten cents per foot.
For every vessel drawing twenty-one feet of water and upward,
four dollars and seventy-five cents per foot.
§ 2103. 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.
§ 2104. Between the first day of November and the first 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.
§ 2105. 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. This
Section 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.
§ 2106. For every day of detention at the wharf, or in the harbor,
beyond the time notified to the pilot for him to attend the vessel,
or beyond the usual time of getting vessels from sea to the wharf,
and from the wharf to sea; and for every day of detention of an in-
Ward-bound vessel by ice, longer than two days for the passage from
Sea to wharf, three dollars shall be added to the pilotage. If any
pilot shall be detained at quarantine by the health officer, for having
been on board a sickly vessel as pilot, the master, owner, agent, or
consignee of such vessel, shall pay to such pilot all necessary ex-
penses of living, and three dollars per day for each and every day
of such detention. This section shall not apply to vessels embraced
in the preceding section.
1853, ch. 467, $14,
as amended,
1854, ch. 106, $4;
1865, ch. 137, §2;
1870, ch. 548, §2,
Comp. 1642.
Id. $15.
Rates of
pilotage.
Id. §16.
Addition to full
pilotage.
1857, ch. 243,
§§1, 2,
Comp. 1645.
(50 N. Y. 249.
1853, ch. 467, §17
Comp. 1642.
Forfeiture for
detention.
570 D'UTIES AND POWERS OF T’II,OT COMMISSIONERS,
1857, ch. 243,
Comp. 1645
$1,
For transport-
1ng Vessels in
harbor.
Moving from
Quarantine.
1857, ch. 243,
Comp. 1646.
$2,
Steam vessels.
1853, ch. 467, $21,
Comp. 1643.
Pilots’ fees for
removing or
transporting
Yê89C18.
Id. $19.
Pilotage, how
payable.
Id. $19.
Pay of pilots
when carried to
808.
Id. $20.
Masters of ves-
Sels to account
to pilots.
1853, ch. 467, §22,
Comp. 1643.
Rewards.
Id. $23,
a8 amended,
1854, ch. 196,
Suspension o
pilots.
jº.
§ 2107. For services rendered by pilots in moving or trans-
orting vessels in the harbor of New York, the following shall be
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 from the river to a wharf, or from a wharf
into the river, three dollars, except on the day of arrival or depart-
ure of such vessel. The provisions of this section 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.
§ 2108. For services rendered by pilots in moving or trans-
porting vessels in the harbor of New York other than those
embraced in the preceding section, the following shall be the
fees :
For moving from North to East river, or vice versa, a merchant
vessel, five dollars.
For moving any vessel from 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 from the river to wharf, or from a wharf
into the river, three dollars.
§ 2109. 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.
§ 2110. A pilot who is carried to sea when a boat is attending to
receive him shall receive at the rate of one hundred dollars per
month during his necessary absence.
§ 2111. Masters of vessels shall give an account to the pilot
when boarding, of the draught of such vessels; and in case the
draught given is less than the actual draught, the master shall
forfeit the sum of twenty-five dollars, which may be sued for and
recovered by the commissioners, as is provided in section twenty-
one hundred and twenty-three, in respect to other fines and
enalties.
§ 2112. It shall be the duty of the commissioners, out of any
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.
§ 2113. The commissioners shall have power and authority, at
any time, to suspend any pilots 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 careless.
ness 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 sus-
pended may at any time, upon due notice, appeal to the commis-
DUTIES AND POWERS OF I’ILOT COMMISSIONERS. 571
sioners 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.
§ 2114. It shall be the duty of the commissioners to hear and
examine all complaints duly made in writing against any pilot
licensed by them, or against any person connected with a boat 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 inves-
tigated ; and also all complaints made in like manner by any
licensed pilot against any master, Owner or seaman of a vessel, for
any misbehavior toward such pilot in the performance of his duty,
or any breach of such rules or regulations.
§ 2115. Before any person, shall be proceeded against on any
complaint, and before any pilot be suspended longer than for one
month, or be removed, such person or pilot shall ‘be notified, in
writing, signed by the secretary, to appear before the commis-
sioners, specifying the nature and substance of such complaint,
which notice shall be served, personally, at least five days before
the time fixed for appearance, and the commissioners for just cause
shall postpone or adjourn the hearing from time to time. A certifi-
cate of such commissioners, or of a majority of them, with proof of
such service of notice, shall be prima facie but not conclusive evi-
dence that the party upon whom the notice was served; and a
fine or penalty thereupon imposed, is liable to pay such fine or
penalty.
§ 2116. The secretary, under the supervision of the commis-
sioners, shall, at the instance either of the complaining or defending
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 title; 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. -
§ 2117. The decision of a majority of the commissioners shall
be conclusive upon all questions arising under this title, 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.
§ 2118. It shall be the duty of the secretary, and his clerks, if any,
When not employed under the foregoing provisions of this title, to
aid the licensed pilots in keeping their accounts of pilotage, and in
ºing the same, if desired, and in keeping a register of calls for
pilots.
§ 2119. No master of any vessel navigated under a coasting
license and employed in the coasting trade, by the way of Sandy
Hook, shall be required to employ a licensed pilot when entering or
departing from the harbor of New York; but this provision shall
not be construed to alter the legal rate of compensation of any pilot
who may be so employed ; but in case the services of a pilot shall
Id. $24.
Commissioners
to hear and
examine
complaints.
1853, ch. 467, $25
Comp. 1643.
Before com-
plaint or
suspension, per-
sons must be
notified.
Id. $26.
Comp. 1644.
Subpoenas.
Id. §27.
Id. $28.
Secretary and,
clerks,
1870, ch. 548, §1,
Comp. 1646.
Proviso as to
vessels
employed in
coasting trade.
1857, ch. 233, §1,
Comp. 1645.
572 DUTIES OF SANDY HOOK PILOTS.
Masters may
obtain license.
Fees for license,
4 Daly, 318.
In case of
refusal.
Persons not
holding a license
52 N. Y. 609;
45 id. 446 ;
59 id. 131.
Penalty.
1853, ch. 467, §29,
as amended,
1854, ch. 196, $5,
Comp. 1644.
Piloting with-
out license,
60 N. Y. 249; 52
N. Y. 609.
1863, ch. 358, $34,
Comp. 1622.
Duty of pilots.
Id, $35,
as amended,
1865, ch. 592, $8,
Comp. 1623.
have been given, the pilot shall be entitled to the rates established
by this title. If the master of any vessel above one hundred and
fifty and not exceeding three hundred tons burden, 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 arrd required to grant the same, if such master shall,
after an examination had by said commissioners, be deemed compe-
tent; 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 it shall be granted shall pay to the said commissioners
four cents per ton. All masters of foreign vessels and vessels from
a foreign port, and all vessels sailing under register, bound to or
from the port of New York by the way of Sandy Hook, shall take a
licensed pilot ; or, in case of refusal to take such pilot, shall himself,
owners or consignees, pay the said pilotage as if one had been
employed ; and such pilotage shall be paid to the pilot first speak-
ing or offering his services as pilot to such vessel. Any person not
holding a license as pilot under this title, or under the laws of
the state of New Jersey, who shall pilot, or offer to pilot, any ship
or vessel to or from the port of New York by the way of Sandy
Hook, except such as are exempt by virtue of this title, or any mas-
ter, or person on board a steam tug or tow boat, who shall tow such
vessel or vessels, shall be deemed guilty of a misdemeanor, and, on
conviction, shall be punished by a fine not exceeding one hundred
dollars, or imprisonment not exceeding sixty days; and all persons
employing a person to act as pilot, not holding a license under this
title, 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. This section 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.
§ 2120. Any person not holding a license as pilot under this
title, or under the laws of the state of New Jersey, who shall pilot
or offer to pilot any ship or vessel, not embraced in the preceding
section, to or from the port of New York, by the way of Sandy
Hook, shall be deemed guilty of a misdemeanor, and, on conviction,
shall be punished by a fine not exceeding one hundred dollars, or
imprisonment not exceeding sixty days; and all persons employing
a person to act as pilot not holding a license under this title, 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.
§ 2121. It shall be the duty of each branch and deputy pilot
belonging to the port to use his utmost endeavors to hail every
vessel he shall discover entering the port, and to interrogate the
master of such vessel in reference to all matters necessary to enable
such pilot to determine whether such vessel be subject to quar-
antine.
$ 2122. If from the answers obtained from such inquiries it shall
appear that such vessel came from a port where any quarantinable
disease existed at the time of her departure, or that any case of such
disease shall have occurred on board of her during the passage, the
APPOINTMENT OF HITELL GATE PII,OTS. 573
pilot shall iº direct the master of the vessel to proceed
and anchor such vessel at the quarantine anchorage in the lower
bay. In other cases of vessels liable to quarantine he shall direct
the masters thereof to proceed and anchor such vessels at such point
as shall be assigned by the quarantine commissioners as an anchor-
age for such vessels.
§ 2123. All actions and proceedings by the commissioners of
pilots to enforce any liability or to recover any fines, penalties or
forfeitures given by law to such officers, or to the board of commis-
sioners of pilots, may be brought and prosecuted by such officers in
the name of the board of commissioners of pilots; and wherever, by
law, any notice is required to be given by said officers, or by the
said board, a notice, signed by the president for the time being of
the board, and containing a copy of the section under or in pursu-
ance of which such notice is given, shall be a sufficient compliance
with the requirements of the law in respect to the giving of such
notice; provided the said board shall, by the vote of a majority
thereof, within twenty days after the giving of such notice, ratify
and adopt the same as the act of said board; but this section shall
not apply to any notice to be given in the progress of any action or
special legal proceedings.
Title 2.-Hell Gate Pilots.
§ 2124. There shall be appointed, in the 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, on April fifteenth,
eighteen hundred and forty-seven, were pilots by the way of Hell
Gate, shall be considered as pilots under this title.
§ 2125. All pilots hereafter to be appointed shall be appointed
by the governor, by and with the consent of the senate, and shall
be commissioned by the governor in like manner as all other per-
sons 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 trans-
mitted to the governor of the state, whose duty it shall be to pre-
sent the same to the senate for their confirmation or rejection. It
shall not be lawful for any Hell Gate pilot to take any apprentice
in his said trade or profession of Hell Gate pilot.
§ 2126. The board of wardens of the port of New York shall
have power and authority to make and establish such 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 title,
for the better government of said pilots; and with such fines and
penalties for the breach thereof as the said board of wardens may
from time to time direct ; and to revoke, annul or alter the same as
often as they may deem proper and expedient. Said board of war-
dens shall have such rules, orders and regulations entered at length
upon the minutes of said board, and shall furnish to each of said
Duty of pilots
in certain cases.
1865, ch. 712, §1,
Comp. 1647.
Action, how
prosecuted.
Proceedings of
board thereon.
1847, ch. 69, $1,
Comp. 1648.
Pilots to be
appointC d.
10 Abb. 30.
Id. $2.
To be commis-
sioned on rec-
ommendation
of wardens.
Id. §12,
as amended,
1871, ch. 293, §1.
Taking of
apprentices
prohibited.
Id. §3.
Wardens to
establish rules.
574 DUTIES AND RIGHTS OF HELL GATE I’ILOTS.
Id. §4,
Comp. 1649.
To have
cognizance of
complaints.
1847, ch. 69, §5,
Comp. 1649.
Pilots to keep
tWO Or more
deck boats.
Id. §6,
Comp. 1650.
Rate of pilotage
to be charged.
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.
§ 2127. Said board of wardens shall have cognizance of all com-
plaints made against any or either of said pilots for official miscon-
duct. 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 of complaint ; 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,
when 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 charge 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 compe-
tent 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 ward-
ens 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 gov-
ernor, 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.
§ 2128. It shall be the duty of the said pilots to keep two or
more good and sufficient deck boats, of not less than twenty tons
burden, on the East river, and no more than seven pilots shall be
interested in one deck boat; and no person who is not a regularly
licensed Hell Gate pilot shall own any part of any boat engaged in
the said pilot business, under the 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
ilots shall be registered in the office of the said board of wardens.
§ 2129. It shall be lawful for any such pilot to demand and
receive from any person who shall employ any of them to pilot
any vessel of the burden 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 dol-
lar 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 enti-
tled 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
1IFLL GATE PILOTS. 575
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 from 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 Hell 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. But no pilotage
shall be charged to any vessel under a coastwise license unless such
vessel actually employs a pilot. And every master or commander
of any vessel who shall give to such Hell Gate pilot an untrue
account of the draught of water or tonnage of his vessel shall for-
feit and pay the sum of twenty-five dollars, to be sued for and
recovered by the said board of wardens.
§ 2130. A person other than a lawfully authorized branch Hell
Gate pilot, who pilots, or offers to pilot, or tows or offers to tow,
any boat or vessel (except barges, vessels under fifty-five tons bur-
den, and canal boats actually used in navigating the canals), through
that part of the East river commonly called Hell Gate, is guilty of
a misdemeanor. This section does not apply to vessels propelled
wholly or partly by steam, owned or belonging to citizens of the
United States, and licensed and engaged in the coasting trade.
§ 2131. Any of said Hell Gate pilots, who shall first tender his
Services, may demand and receive from the master, owner, or con-
signee of any vessel of the burden of one hundred tons and upward,
navigating the said channel of Hell Gate, to whom he shall have
tendered his services as a pilot, and by whom the same shall have
been refused, whether outward or inward bound, one-half pilotage
for every foot of water such vessel may draw ; which half pilotage
shall be the one-half of the rates of compensation established by
the preceding section. But such half pilotage shall not be clarge-
able to any vessel under one hundred tons burden sailing under
coastwise license, and shall not be chargeable more than once for
the same passage to any vessel; and in case any such vessel under
one hundred tons burden, 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.
Any pilot who shall pilot any government vessel through the said
channel shall be entitled to receive the same compensation therefor
as is provided by law for like services in piloting such vessel to or
from the port of New York by the way of Sandy Hook.
§ 2132. The master, owner, or consignee of any ship or vessel,
to whom any Hell Gate pilot shall have rendered, upon the request
of the master of said ship or vessel, any extra service for the pres-
eryation of said ship or vessel while in distress, shall pay to said
pilot, in addition to the compensation set forth in the last section
1881, ch. 43.
1881, ch. 676,
§§398, 399.
Unlicensed
piloting.
Coasting
Steamers
excepted.
1847, ch. 69, $7,
as amended,
1871, ch. 293, §2,
Comp. 1650.
Pilots first
tendering ser-
vices, if refused,
to recoive one-
half pilotage.
Not to le
chargeable more
than once.
When to apply
to certain vos-
Sels under
CoastWise
license.
Proviso as to
govel nment
Vessels.
Id. §8,
Comp. JG51.
Allowance for
CXtra Service.
576 III.I.L. GATE TITLOTS.
but one, 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. -
Id. §10, § 2133. This title shall not be construed to apply to the passen-
** tº ger steamboats plying on regular passenger routes this side or to
the westward of Cape Cod. And all foreign vessels, and vessels
under register navigating the channel of Hell Gate, who shall be
spoken, shall be subject to the pilotage fees, as provided in section
twenty-one hundred and thirty, to the first pilot who tenders his
SGTV1 (5.628. º
1832, ch 156, $11, § 2134. The pilotage authorized to be collected whenever a pilot
#.” shall be refused by a vessel navigated by steam, shall be sued for
ſº to and recovered in the name of the port-wardens of the port of New
York, before any district court, or before any justice of the peace ;
and such half-pilotage, when recovered, after paying necessary costs
and charges, shall be deposited in a savings bank of said city, and
constitute a charitable fund, to be disposed of for the benefit of in-
digent widows and orphan children of deceased Hell Gate pilots,
under the direction of said wardens.
1819, ch. 18, $14, § 2135. If any pilot shall misbehave, when in the execution of
tº his duty, it shall and may be lawful to and for the board of wardens,
ties who miº on complaint thereof made by them, to appoint a time and place of
º!o be hearing, whereof fifteen days' notice shall be given to such pilot,
*P* and on due proof being made to the said board of wardens, to their
satisfaction, of misbehavior of such pilot, to fine such pilot therefor
in any sum not exceeding twenty-five dollars, or to suspend him
Proviso. for any term which the said board may think proper; provided,
always, that nothing herein contained shall be so construed as to
prevent the owner or consignee of such vessel, or any other person
or persons, from recovering his or their damages, if any, by
occasion of such misbehavior of such pilot in any court having cog-
nizance of the same. -
1510, ch. 18, $15, § 2136. If any pilot shall negligently or carelessly lose any vessel
§ of under his care, and be thereof convicted by due course of law, he
º, "4 shall forever after such conviction be incapable of acting as a pilot
or a deputy pilot in this state ; and if any pilot shall run any vessel
on shore he shall not be entitled to any pilotage for such vessel.
Id. §16. $2137. In case of the suspension of any pilot, such pilot so sus:
º pended shall forthwith deliver up his branch or license to the said
license. board of wardens, to be by them kept until the time for which he
shall be so suspended shall be expired, under the penalty of one
hundred dollars for each and every refusal so to do.
Id. $17. . . § 2138. The wardens, or either of them, or any other person not
; ; being a branch pilot, shall not be concerned, directly or indirectly, in
in the boats any pilot boat or with any pilot in respect to the business of his trust.
Jºl.$18, § 2139. The said board of wardens shall furnish every pilot
§d'Éire. aforesaid with printed instructions, to be shown by such pilot to the
§” master or commander of every vessel as soon as he shall go on
deputies. board to take charge of such vessel to pilot her into the said port,
under the penalty of ten dollars for each and every neglect or
refusal.
EFFTECTS OF THIS ACT. 577
§ 2.140. In case the owner or consignee of any ship or vessel shall
not be satisfied with the amount of pilotage charged against such
ship or vessel by the branch, for the pilotage of such ship or vessel
to or from the port of New York, it shall be the duty of such pilot
to have the amount of pilotage claimed by him as aforesaid taxed
or certified by the board of wardens, who are hereby re-
quired to examine and certify the same, without fee or reward ; and
no suit or action shall be brought or maintained for such pilotage
until the same shall be taxed or certified as aforesaid.
§ 2141. In order to prevent intoxication in persons having the
charge of ships and vessels, as pilots, if any branch pilot shall
become intoxicated in charge of any ship or vessel, as pilot, he shall,
for the first offense, forfeit his pilotage, be suspended from duty for
six months, and in addition thereto forfeit and pay fifty dollars to
the trustees of the Pilots' Charitable Society; and for the second
offense be deprived of his license, and be forever thereafter incapable
of acting as a pilot ; provided, always, that the penalties aforesaid,
or any other forfeitures or penalties incurred by virtue of this title,
or by the rules and regulations of the wardens, made in conformity
with this title, shall not be inflicted until such pilot shall first have
been summoned.
§ 2142. All forfeitures, fines and penalties which shall or may be
recovered and received by the said board of wardens under and by
virtue of this title, and not otherwise appropriated, shall be applied,
in the first instance, for, in or toward the payment of such costs of
suit and disbursements of the said board of wardens in their prose-
cutions and proceedings, under this title, against offenders, as shall
not be received by them from the party or parties so prosecuted or
proceeded against ; and the overplus and residue thereof, if any
overplus there should be, shall be accounted for and paid over, on
the first Monday of June, in each and every year, to the Pilots'
Charitable Fund, in the city of New York, for the use and benefit of
that association.
CHAPTER XXIX.
IEFFECT OF THIS ACT.
* $ 2143. This act shall not affect any offense committed or right
of removal accrued prior to the time when it takes effect, and all
penalties and forfeitures incurred under any statute superseded or
repealed by this act prior to the time when it takes effect may be
prosecuted and punished in the same manner and with the same
effect as if this act had not been passed. Nor shall this act affect
any right accrued or acquired prior to the time when it takes effect,
nor create a vacancy in any office or employment.
Sections one hundred and eighteen, ten hundred and seventy-
four, ten hundred and seventy-six to ten hundred and eighty-five
inclusive, ten hundred and eighty-seven, eleven hundred and
ten, eleven hundred and eleven, eleven hundred and fourteen,
eleven hundred and fifteen, eleven hundred and seventeen, eleven
hundred and twenty-three, eleven hundred and twenty-five,
eleven hundred and sixty-nine, eleven hundred and eighty-three
*--------
* As amended by Chap. 276, Laws of 1883.
Id. $29.
Arnount of
pilotage to be
taxed by the
wardens in case
of dispute.
Id. $20.
Penalty for
intoxication.
Id. §32.
Fines, etc., how
to be applied.
#: and
application of
º act.
37
578 EFFECTS OF THIS ACT.
When act to
take effect.
to twelve hundred and three inclusive, twelve hundred and five,
twelve hundred and eight to twelve hundred and forty-eight in-
clusive, twelve hundred and fifty to twelve hundred and seventy-
four inclusive, twelve hundred and seventy-six, twelve hundred
and seventy-seven, twelve hundred and eighty-four, twelve hun-
dred and eighty-five, except subdivisions nine, eleven, and twelve,
twelve hundred and eighty-six, except subdivisions four and five,
twelve hundred and eighty-seven, twelve hundred and eighty-eight,
twelve hundred and ninety-six, thirteen hundred and one, thirteen
hundred and seven, thirteen hundred and eight, thirteen hundred
and eleven to thirteen hundred and fourteen inclusive, thirteen
hundred and sixteen to thirteen hundred and forty-six inclusive,
thirteen hundred and forty-nine to thirteen hundred and fifty-seven
inclusive, thirteen hundred and fifty-eight to thirteen hundred and
sixty inclusive, thirteen hundred and seventy-one, thirteen hundred
and eighty-three, thirteen hundred and ninety-two to thirteen hun-
dred and ninety-seven inclusive, fourteen hundred and five, fourteen
hundred and twenty-One, fourteen hundred and twenty-four, four-
teen hundred and thirty-eight, fourteen hundred and sixty-two,
fourteen hundred and ninety-four, fourteen hundred and ninety-five
to fifteen hundred and two inclusive, fifteen hundred and seven,
fifteen hundred and twelve, fifteen hundred and fourteen to fifteen
hundred and seventeen inclusive, the last clause of section fifteen
hundred and eighteen, sections fifteen hundred and twenty-six to
fifteen hundred and twenty-nine inclusive, fifteen hundred and sixty-
nine to fifteen hundred and seventy-two inclusive, fifteen hundred
and seventy-six to fifteen hundred and eighty-two inclusive, fifteen
hundred and ninety-three, sixteen hundred and fifty-two to sixteen
hundred and ninety-eight inclusive, seventeen hundred and fifteen,
seventeen hundred and sixty-five and seventeen hundred and seventy-
nine of this act being intended only to contain the substance of cer-
tain sections of the Code of Civil Procedure or of the Code of Crim-
inal Procedure, or of amendments thereof, shall not be construed
as making any new enactment, or as repealing, modifying, amend-
ing or superseding any provision of either of said codes, or any
amendments thereof, but shall be treated and considered as embraced
in this act solely in order that it may contain all provisions of exist-
ing laws which are of special application in the city of New York.
Sections thirteen hundred and seventy-one to thirteen hundred and
seventy-six inclusive, fifteen hundred and thirty-nine, sixteen hull-
dred and thirty-seven to sixteen hundred and fifty inclusive, shall
in like manner be treated and considered as making no new enact-
ment, but as embraced in this act for the same reason.
For the purpose of determining the effect of this act upon other
acts, except the Penal Code, and the effect of other acts, except the
Penal Code, upon this act, this act is deemed to have been enacted
on the first day of January, in the year eighteen hundred and eighty-
two ; all acts passed after such date and the Penal Code are to have
the same effect as if they were passed after this act. This fict shall
take effect on the first day of April, eighteen hundred and eighty-
three. This act may be cited as the New York City Consolidation
Act of Eighteen Hundred and Eighty-two.
A M E N D M E N T S.
Chapter 276.
AN ACT to amend chapter four hundred and ten of the laws of
eighteen hundred and eighty-two, entitled “An act to consoli-
date into one act and to declare the special and local laws
affecting public interests in the city of New York.”
Passed April 21, 1883; three-fifths being present.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows :
SECTION 1. The several sections hereinafter specified of chapter
four hundred and ten of the laws of eighteen hundred and eighty-
two, entitled “An act to consolidate into one act and to declare the
special and local laws affecting public interests in the city of New
York,” are hereby amended as follows:
Sec. 2. Section eighty-six of said act is hereby amended by
adding at the end of the fifth subdivision thereof the following:
5. Provided, however, it shall not be lawful after the passage of Laying of pipes
this act for any person or corporation to lay any pipes or mains in §:
or under any of the streets of the city of New York, or to open the # ſººn
pavement of any such streets for the purpose of laying any pipes or owners.
mains for conducting therein any illuminating gas or steam or other
fluids, nor shall it be lawful for the common council of said city, or
any board or officer of said city, to grant any license or permission
to lay any such pipes or mains or to open the streets or pavements
therefor, unless two-thirds in number of the owners of the real
estate fronting on that part of the street in which pipes or mains
are to be laid, or to which such license or permission relates, who
shall also be the owners of two-thirds in extent of the front feet of
such part of such street shall have petitioned the common council
in favor thereof in writing, proved or acknowledged in the manner
required by law for the proof or acknowledgment of deeds to be
recorded, and not then until such person or corporation has actually
demonstrated the practical success of the principle involved in de-
Veloping the enterprise in some other city for at least one year.
Nothing in this act shall apply to, or shall affect or impair any Not to affect
rights now possessed by any corporation to whom the right to lay “***
ºugh pipes or mains in any of the streets of said city has been law-
fully granted. Nor shall anything in this subdivision contained be
580 AMIENT) MENTS.
Commissioners
to proceed with
improvement
in Hunt's Point
District.
1881, ch. 461.
1870, ch. 382, $8,
Comp. 561.
Power to remit
or reduce taxes.
Remission,
when to be
ade.
73,0h.338, $87,
p. 555.
II)
18
Com
1881, ch. 33, §1.
Receiver of
taxes to pub-
ligh notice.
construed to affirm or give validity to any grant or right heretofore
obtained, nor to affect any suit now pending.
Sec. 3. Section one hundred and fifty-two of said act is hereby
repealed
Sec. 4. Section six hundred and eighty-six of said act is amended
so as to read as follows: s
§ 686. The commissioners of the department of public parks are
authorized and directed with the moneys already provided by law
for that purpose to proceed with the improvement, by inclosure
and otherwise, of the public parks or , places in the Twenty-
third ward of the city of New York, shown on a map of the
Hunt's Point District, dated March twenty-third, eighteen
hundred and seventy-eight, and filed by the commissioners of
the department of public parks in accordance with the provisions
of chapter six hundred and four of the laws of eighteen hundred
and seventy-four, and chapter four hundred and thirty-six of
the laws of eighteen hundred and seventy-six, respectively, situated
at the intersection of Third avenue with Boston avenue, and at the
intersection of Franklin avenue with Fulton avenue.
Sec. 5. Section eight hundred and twenty-two of said act is
amended so as to read as follows:
$ 822. The commissioners of taxes and assessments are hereby
invested with power to remit or reduce a tax imposed upon real
or personal estates. It shall require a majority of the commission-
ers to correct or reduce the assessed valuation of the personal
E.; of any person, and no tax on personal property shall be
remitted, canceled or reduced unless the applicant or party
aggrieved shall satisfy the commissioners that he has been prevented
by absence from the city or by illness from making his complaint or
application to them within the time allowed by law for the correc-
tion of taxes. Any remission or reduction of taxes upon real estate
must be made within six months after the delivery of the books to
the receiver of taxes for the collection of such tax. The board of
aldermen shall have no power to remit or reduce any tax.
Sec. 6. Section eight hundred and forty-five of said act is
amended so as to read as follows:
§ 845. If any taxes of any year shall remain unpaid on the first
day of November, after the assessment rolls and the warrants to
collect such taxes have been delivered to the receiver of taxes in the
city of New York, it shall be the duty of said receiver to give public
notice by advertisement for at least ten days in two of the daily
newspapers and in the City Record, printed and published in said
city, respectively, that unless the same shall be paid to him at his
office, on or before the first day of December, in any such year,
he will immediately thereafter proceed to collect such unpaid taxes,
as provided in section eight hundred and forty-three.
Sec. 7. Section eight hundred and fifty-three of said act is hereby
amended by adding at the end thereof these words: The comp-
troller of the city of New York, however, may from time to time as
may be necessary to insure prompt collection of said tax, extend or
renew such warrant, but no single extension or renewal thereof shall
in any event exceed sixty days.
Sec. 8. Section eight hundred and sixty-one of said act is hereby
amended so as to read as follows:
AMIENT) MENTS. 581
$ 861. The court in which any proceedings may be commenced
to enforce the payment of any tax for personal property may in any
case where it shall be satisfied that the person or persons taxed are
unable for the want of personal property not otherwise taxed to pay
any tax, dismiss the proceedings absolutely without costs or condi-
tionally upon the payment of costs, or may dismiss such proceed-
ings on the payment of such part of the tax and costs as shall be
just. In cases where any proceedings shall be dismissed under this
section, on payment of a portion of the tax a copy of the Order of
the court shall be filed with the receiver of taxes and a note of the
contents of such order upon the assessment-roll, and it shall be the
duty of said attorney to report all cases dismissed on account of the
inability of the person to pay the tax to the commissioner of taxes
and assessments annually on the thirty-first day of December in
each year, and said commissioners are hereby authorized to strike
the names of all such persons from the assessment-roll for the suc-
ceeding year. -
Sec. 9. Section nine hundred and eighteen of said act is amended
so as to read as follows:
§ 918. Interest shall hereafter be charged and collected at the
rate of seven per cent. per annum on all arrears of taxes and assess-
ments returned to the clerk of arrears from the time they become
due until the date of payment, or in case a sale has taken place as
provided in section nine hundred and twenty-six, until the date of
the certificate mentioned in said section and on the “regular rents”
and charges for Croton water from the time the taxes became
due, to which they may be added as required by section nine
hundred and twenty-three until the same dates respectively.
The provision of this title relating to the rate of interest shall
apply to taxes, assessments, or Croton water rents remaining
unpaid and due, for the non-payment of which the lands and tene-
ments liable therefor shall have been sold since the sixteenth day of
March, eighteen hundred and eighty-one, or shall hereafter be sold at
public auction; but such provisions shall not be construed to affect
the rights of purchasers at sales for taxes, assessments, or Croton
Water rents, made, before March sixteenth, eighteen hundred and
eighty-one, and to authorize the redemption of lands and tenements
from sales theretofore made for any lesser sums than the sums col-
lectible for such redemption under the provisions of laws then
existing.
Sec. 10. Section nine hundred and twenty-six of said act is
almended, so as to read as follows:
§ 926. Whenever any tax on lands or tenements, or any assess-
ments on lands or tenements for city improvements, shall remain
unpaid for the term of three years from the time the same shall have
been confirmed, and also whenever any regular rents for Croton water
in said city shall have been due and unpaid for the term of four years
from the time the same shall have been due, it shall and may be law-
ful for the clerk of arrears, under the direction of the comptroller,
to advertise the said lands and tenements or any of them for sale,
and by such advertisement the owner or owners of such lands and
tonements respectively shall be required to pay the amount of
such tax, assessment, or Croton water rents so remaining unpaid,
together with the interest thereon at the rate of seven per cent.
1853,ch. 579, $15,
Comp. 582.
1881, ch. 33, §3.
Interest to be
charged.
1871, ch. 381, $3,
Comp, 573.
Lands for un-
paid taxes,
assessments,
and Water
rents.
Notice thereof
by advertise-
ment.
582 AMENDMENTS.
Manner of sale.
Delivery of cer-
tificate to pur-
chaser.
Notice of sale,
how published.
Pamphlet cop-
ies of descrip-
tion of land B,
etc., how
deposited.
per annum to the time of payment, with the charges of such
notice and advertisement, to the clerk of arrears, and notice
shall be given by such advertisement 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, assessment, or
Croton water rents, as the case may be, and the interest thereon as
aforesaid to the time of sale, and together with the charges of the
above-mentioned notices 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, assessment,
or Croton water rents, with the interest as aforesaid, and the charges
attending such notice and advertisement, then it shall and may be
lawful for the said clerk of arrears, under the direction of 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 advertisement, and such sale shall be made
On the day and at the place for that purpose mentioned in the said
advertisement, and shall be continued from time to time, if neces-
Sary, until all the lands and tenements so advertised shall be sold ;
and the said clerk of arrears 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, assessment,
or Croton water rents which may be due thereon, unless notice of such
sale shall have been published once in each week successively for
three months, in the City Record, or, when authorized pursuant to
section sixty-six of this act, in ten of the daily newspapers printed
and published in said city, which advertisement shall contain,
appended to said notice, a particular and detailed statement of the
property to be sold for taxes, assessments, or Croton water rents; or
the said detailed statement and description, instead of being published
in the City Record or in a newspaper shall, at the option of the
said comptroller, be printed in a pamphlet, in which case copies
of the pamphlet shall be deposited in the office of the bureau of
the clerk of arrears, 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 taxes, assessments,
or Croton water rents, and the ownership of the property taxel,
assessed, and on which the Croton water rents are unpaid, is
published in the City Record or in one of the daily_papers, naming
the same, or in a pamphlet, as the case may be, and that copies of
the pamphlet are deposited in the office of the bureau of the clerk
of arrears, and will be delivered to any person applying for the
same. No other notice or demand of the tax, assessment, or Croton
water rents shall be required to authorize the sale of any lands and
tenements as hereinbefore provided.
AMENJOMENTS. 583
Sec. 11. Section eighteen hundred and seven of said act is
amended so as to read as follows:
§ 1807. Every person performing labor upon, or furnishing
materials to be used in the construction, alteration or repair of any
building, vault, wharf, fence, or any other structure in the city or
county of New York, shall have a lien upon the same for the work
or labor done, or materials furnished by each respectively, whether
done or furnished at the instance of the owner of the building, or
other improvements, or his agent, but the aggregate amount of
such liens must not exceed the amount which the owner would be
otherwise liable to pay at the time of the filing of the claim pre-
scribed by section eighteen hundred and ten of this act.
Any person who, at the request of the owner of any lot in said
city or county, grades, fills in or otherwise improves the same, or
the sidewalk or street in front of or adjoining the same, shall have
a lien upon such lot for his work done and materials furnished, to
the extent of the liability therefor of the owner of the property at
the time of the filing the claim prescribed by section eighteen
hundred and ten of this act.
Sec. 12. Section eighteen hundred and eight of said act is amended
so as to read as follows:
§ 1808. The land upon which any building, improvement or
structure is constructed, together with the appurtenances, shall be
subject to the liens, if at the time the work was commenced, or the
materials for the same had commenced to be furnished, the land
belonged to the person who caused said building, improvement or
structure to be constructed, altered or repaired, but if such person
owned less than a fee simple estate in such land then only his
interest therein shall be subject to such lien.
Sec. 13. Section eighteen hundred and nine of said act is
amended so as to read as follows:
§ 1809. The liens provided for in this title shall be preferred to
any lien, mortgage, or other incumbrance of which the lien holder
had no notice, and which was unrecorded at the time of the filing
of the claim referred to in the next section, and said liens shall
take precedence over any lien taken by the original contractor, and
the lions of laborers, mechanics, or persons furnishing materials to
any contractor or any sub-contractor, shall take precedence over
any lien taken by any contractor or sub-contractor indebted to them.
But nothing in this section contained shall affect the priority of any
lien which existed on the sixteenth day of June, eighteen hundred
and seventy-nine.
Sec. 14. Section eighteen hundred and ten of said act is amended
SO as to read as follows:
§ 1810. Every original contractor, within sixty days after the
Completion of his contract, and every person, save the original con-
tractor, claiming the benefit of this title, must, within thirty days
after the completion of any building, improvement or structure, or
after the completion of the alteration or repairs thereof, or after the
completion of the work or the furnishing of the materials for which
the lien is claimed, file, with the county clerk of the county, a claim
containing the names and residence of all the claimants and a state-
ment of the demand after deducting all just credits and offsets, with
the name of the owner or reputed owner, if known, and also the
1875, ch. 379, $1
Lien for labor
or materials.
Amount of
lien8.
1875, ch. 379, $2.
Grading, filling
in, or improv-
ing lot, lien for.
1875, ch. 379, §3.
Extent of lien.
1875, ch. 379, $4.
Preference of
liens, as amend-
ed by 1879,
ch. 509, $2.
1875, ch. 379, §5.
Claim, filing and
contents of.
584 AMENDMISNTS.
Copy of con-
tract to be flled
with claim.
1875, ch. 379, §6.
Claim against
two Or InhorC
buildings.
Fºxtent of lien8
as against other
creditors.
1875, ch. 379, §7.
Lien docket, en-
try of claims in.
Fee for filing.
When lien
attaches.
1875, ch. 379, §8.
How long lien
binds before
action
commenced.
Claimant made
party defend-
ant, notice of
pendency of
action.
name of the person by whom he was employed or to whom he
furnished the materials, with a statement of the terms, time.
given and conditions of his contract, and whether all the work or
materials for which the claim is made has been actually performed
or furnished, and if not how much of it, and also a description of
the property to be charged with the lien, sufficient for identifica-
tion, which claim must be verified by the oath of himself or one of
several united in interest, or of some other person. The verifica-
tion must be to the effect that the statements contained in the
claim are true to the knowledge of the person making the same. If
his contract, or any part thereof, is in writing, a copy of such,
writing must be filed with and made part of his claim.
Sec. 15. Section eighteen hundred and eleven of said act is.
amended so as to read as follows:
§ 1811. In every case in which one claim is filed against two.
or more buildings or other improvements owned by the same per-
son, the person filing such claim must, at the same time, designate
the amount due to him on each of such buildings, or other im-
provements, otherwise the lien on such claim shall be postponed
to other liens. The lien of such claimant shall not extend beyond
the amount designated as against other creditors having liens by
judgment, mortgage or otherwise, upon either of such buildings or
other improvements, or upon the lands upon which the same are
situated.
Sec. 16. Section eighteen hundred and twelve of said act is
amended so as to read as follows:
§ 1812. The clerk shall enter the claim in a book kept by him
for that purpose, called the lien docket. Such entry shall contain
the name and residence of the claimant, the person who incurred the
debt, the amount, and the date of filing, the street and particular
place where located, in such manner as to be convenient in search-
ing for the liens by street and block. The county clerk shall receive
ten cents on filing the same. Except as º section eighteen
hundred and nine, the lien shall attach from the time of the filing of
the claim to all the right, title and interest which the owner then
has in the property therein described, to the extent of the liability
of such owner for the claim preferred.
Sec. 17. Section eighteen hundred and thirteen of said act is.
amended so as to read as follows:
§ 1813. No lien, provided for in this title, shall bind the prop-
erty therein described for a longer period than ninety days after
the claim has been filed, unless an action be commenced within that
time to enforce the same, and a notice of the pendency of such
action filed with the clerk of the county, and an entry of the fact of
such notice made on the lien docket. And where a claimant is
made a party defendant to any action brought to enforce any other
lien, a notice of the pendency of such action must be filed by him or
in his behalf. But the neglect to file such notice shall not abate
any action which may be pending to enforce the lien, such action
... be prosecuted to judgment against the persons liable for the
debt.
Sec. 18. Section eighteen hundred and fourteen of said act is
amended so as to read as follows:
AMENDMENTS. - 585
§ 1814. Any claimant who has filed the notice mentioned in section
eighteen ii. and ten, may enforce his claim against the prop-
erty therein described, and against the persons liable for the debt
by a civil action in a court of record held in said city.
The manner and form of instituting and prosecuting any such
action to judgment, and any appeal from such judgment, shall be
the same as in actions for the foreclosure of mortgages upon real
property, except as in this title otherwise provided.
Sec. 19. Section eighteen hundred and fifteen of said act is
amended so as to read as follows:
§ 1815. The person filing the claim shall be the plaintiff in such
action. The plaintiff must make all parties who have filed claims
against the property, as well as those who have subsequent liens,
by judgment, mortgage or conveyance, parties defendant. And as
to all persons against whom no personal claim is made, the plaintiff
may with the summons serve a notice, stating briefly the object of
the action, and that no personal claim is made. But all persons
who have filed claims under this title may, by answer in such action,
set forth the same, and the court in which the action is brought
may decide as to the extent, justice and priority of the claims of all
parties to the action.
Any number of persons claiming liens upon the same property
may join in the same action, and when separate actions are com-
menced, the court in which the first was brought may, on the appli-
cation of the owner of the property or of any part thereof, consol-
idate them.
Sec. 20. Section eighteen hundred and sixteen of said act is
amended so as to read as follows:
§ 1816. At any time after the action is commenced the owner
of the property affected may, in writing, offer to pay into court
any amount stated in the offer, or to execute or deliver any
securities or papers which he may describe in the discharge of the
property. If the offer is accepted in writing within ten days
thereafter, the court in which the action is pending may make
an order that, on deposit with the county clerk of the amount
offered, or the securities or other property described, the lien be
discharged, and the money or securities deposited thereafter
takes the place of the lien. In case the offer be not accepted
Within ten days, and the plaintiff fails to recover any more
favorable judgment against the property, he shall pay all costs
in the action incurred by the owner from the time of the offer.
Sec. 21. Section eighteen hundred and seventeen of said act is
almended so as to read as follows:
§ 1817. All persons entitled to liens on the structure or improve-
lment, except those who contracted with the owner thereof, shall be
deemed sub-contractors; and the court, in the judgment, shall
direct the amount due sub-contractors to be paid out of the pro-
ceeds of sales before any part of such proceeds are paid to the
COntractor.
Sec. 22. Section eighteen hundred and eighteen of said act is
amended so as to read as follows:
§ 1818. In every case in which different liens are asserted
against property, the court, in the judgment, must declare the rank
of each lien or class of liens, and the proceeds of the sale of the
1875, ch. 379,
10
§9, 10.
Lien enforced
by action.
Form of
action.
1875, ch. 379,
#arties to
action.
Notice of object
of action.
Priority of
claims.
Consolidating
actions.
1875, ch. 379, §13
Offer to pay
into court.
Acceptance of
offer.
CostS if offer
not accepted.
1875, ch. 379, §14
Sub-contract-
ors, rights of.
1875, ch. 379, $15
Different liens,
rank of to be
determined by
the court.
586 AMEND MENTS.
1875, ch. 379, §16
When contract
is for bills,
notes, etc., in
lieu of money,
judgment in
§l] Ch (288C.
1875, ch. 379, $17
Personal judg.
In Cºnt, for
deficiency.
1875, ch. 379, $18
Ilien, how
discharged.
IBy certificate of
Hatisfaction.
By deposif with
Clerk.
After suit.
By executing
and delivering
bond to clerk.
By lapse of
time.
By neglect to
prosecute.
Notice requir-
ing claimant to
CODAIY) (211C0.
action,
property must be applied to each lien or class of liens in the order
of its rank. t
Sec. 23. Section eighteen hundred and nineteen of said act is
amended so as to read as follows:
§ 1819. Whenever by the terms of his contract the owner has
stipulated for the delivery of bills, notes, or any other species of
property in lieu of money, the judgment must direct that such
substitute be delivered or deposited as the court may direct, and
the property affected by the liens can only be directed to be sold
in default of the owner to deliver such substitutes within such
time as may be directed.
Sec. 24. Section eighteen hundred and twenty of said act is
amended so as to read as follows:
§ 1820. Whenever on the sale of property subject to the lien,
there is a deficiency of proceeds, judgment may be docketed for the
deficiency against the persons named in the judgment as liable
therefor in like manner and with like effect as in actions for the fore-
closure of mortgages.
Sec. 25. Section eighteen hundred and twenty-one of said act is
amended so as to read as follows:
§ 1821. The lien may be discharged as follows:
1. By filing a certificate of the claimant or his successor in
interest, acknowledged or proved in the same manner as the satis-
faction of a mortgage, stating that the lien is discharged.
2. By the deposit with the clerk, if before suit, of a sum of
. equal to the amount claimed with interest to the time of such
deposit.
P. After the commencement of an action by the deposit with the
clerk of such sum as in the judgment of the court, after due notice
to the claimant, will be sufficient to pay any judgment which may
be recovered against the property. -
4. In lieu of such deposit as prescribed in the last preceding
subdivision of this section, the court may require the execution and
delivery to the clerk of the county of a bond, in such sum as the
court may direct, executed by two sufficient sureties, conditioned for
the payment of any judgment which may be rendered against the
property in the action. The sureties must justify in at least double
the sum named in the bond. A copy of the bond, with a notice
that the sureties will attend and justify before the court or a justice
thereof, at a time and place therein named, not less than five days
thereafter, must be served on the claimant or his attorney. Upon
the approval of such bond the court may make an order discharging
the lien. -
5. By lapse of time, when ninety days have elapsed since the
filing of the claim and no entry has łº made by the county clerk
of the commencement of an action to enforce the lien.
6. By order of the court for neglect of the claimant to prosecute
the same. The owner of the property or of any part thereof affected
by any claim filed under this title, or the person against whom the
claim is made, may at any time after the filing of any claim, serve
a notice in writing upon the claimant, or upon any one of Severa
united in interest, requiring such claimant to commence an action
to enforce the claim within a time to be specified in the notice, but
not less than ten days from the time of such service, or to show
-
AMENIOMENTS. 587
P:
cause at a special term of any court of record in said city, at a time
to be specified in such notice, why the claim so filed should not be
vacated and canceled of record. Thereupon, upon due proof of the
service of such notice that no action has been commenced to enforce
the claim the court may make an order that the claim be vacated
and canceled of record. And it shall not be lawful to file a claim
for the same cause against the same property or any part thereof.
Sec. 26. Section eighteen hundred and twenty-two of said act is
amended so as to read as follows:
§ 1822. Costs in all actions under this title, except as provided in
section eighteen hundred and sixteen, shall rest in the discretion
of the court, and may be awarded to or against the plaintiff or
defendants, or any or either of them, as may be just.
Sec. 27. Section eighteen hundred and twenty-three of said act
is amended so as to read as follows : -
§ 1823. Nothing contained in this title shall be construed to
impair or affect the right of any person to whom any debt may be
due for work done or materials furnished to maintain a personal
action to recover such debt against the person liable therefor.
Nothing contained in this title shall be construed to authorize
the filing of any claim against any building or property used for
public purposes.
Nothing contained in this title shall affect proceedings com-
menced prior to the first day of July, eighteen hundred and
seventy-five.
Sec. 28. Section eighteen hundred and sixty of said act is
amended so as to read as follows:
§ 1860. Any person who shall at any time, as provided in this
chapter, have personally applied to the inspectors of election in
any election district of the city and county of New York for regis-
tration, and shall have in the registers thereof been entered as a
qualified voter, and who shall at any time prior to the close of any
revision of registration, have removed from the dwelling-place
under which he shall, as a resident, be borne upon the registers,
may, upon any day provided in this chapter for meetings of the in-
spectors of election, other than the day of any election, personally
appear before the said inspectors in the election district in which
he resided at the time his name was entered upon the said registers,
during the hours in this chapter provided for their sessions for such
revision, and publicly take and subscribe, before one of said in-
Spectors, the following oath or affirmation, which shall be known as
an oath of removal :
“I, residing at number in the
election district of the assembly district
of the city and county of New York, do solemnly swear (or affirm)
that I am duly entered in the registers of said elec-
tion district, from said residence as a qualified voter, and that I
have removed my place of residence to number
In the election district of the assembly district
of said city and county, and I do hereby request that the proper
entries and records be made as the same are provided for by law,
and that a certificate of removal be furnished me at this time.”
Upon such oath or affirmation being made and subscribed as
herein provided, it shall be the duty of the said inspectors to
Order vacating
Jien.
1875, ch. 379,
$19, costs in
discretion of
COllrt.
1875, ch. 379,
§§20, 21.22, right
of creditor to
maintain per-
Sonal action.
Property used
for public pur-
poses excepted.
What proceed-
ings not affected
1872, ch. 673, $23,
Comp. 808.
Persons remov-
ing from one
dwelling to
another to Der-
sonally apply
to the board of
inspectors.
Form of Oath.
Oath to be filed
in the bureau
of elections.
588 AMENDMIENTS.
Case to be
examined.
In case of re-
moval within
same district
entries to be
made.
Re entry of the
mame in 8ame
district register.
In case of re-
moval Out of
the district
into anothcr,
inspectors of
former district
to issue certiſi-
cate of
removal.
©
carefully preserve the same, and file within twenty-four hours
after ſo close of any revision of registration, in the
bureau of elections. And upon any such person so taking
and subscribing said oath of removal, the said inspectors of
election, if satisfied of the identity of the person making the
same with the person he claims to be, as the description of
said last-mentioned person shall appear on the registers, and if
not satisfied there with, shall at once, by a police officer present,
or by any one whom said board shall especially authorize, make
an examination and inquiry at the place of residence of said
person, as the same shall be entered upon the registers, as to the
fact of the removal of such person from said dwelling-place,
when if his removal therefrom shall be found by the report of
such person to be a fact, shall immediately proceed to strike
from said registers the name of such person, by entering in each
of the registers, opposite to and against the name of an
such person, and in the column headed “why disqualified,” the
word “removed,” in the column headed “ date of erasing name,”
the month, day and year of such striking from said registers
such name ; and in the column headed “remarks,” the words
“transferred to ” together with the number of the election and
assembly districts to which such person shall, in his oath of re-
moval, state he has removed, and the initial letters of the name
of the inspector who shall in each of said registers make such
entries; and shall, through the name of any such person, as the
same shall appear on said registers, and there only, draw a line
as indicative that such name is erased from the registers of that
election district, and the name of any such person so found
stricken and erased from said registers, shall, as to his name and
residence at the place in said registers entered under the column
of “residence,” be thereafter considered by the bureau of elec-
tions, all inspectors of election, and all other election officers to
be stricken from the registers of that election district, and shall
be treated as if never entered thereon. If the dwelling place to
which any such person shall have removed be within the bounda-
ries of the same election district as was his former residence, as
stated in the registers of said election district, the said inspec-
tors shall in said registers, under the number or other descrip-
tion of the dwelling-place to which such person has removed,
enter his name, and in the several columns opposite and against
the same, such words and figures, as prior to the striking from
or erasing of the name of such person in the manner in this
section above provided, were in the column similarly headed
and opposite to and against the name of each person as upon said
registers, it appeared under the dwelling-place from which he shall
have declared he has removed ; and if the dwelling-place to which
any such person shall have removed, shall be within the boundaries
of any other election district than was the residence, under which
he was previously entered on said registers, the said inspectors of
election shall fill up, sign, and deliver to such person a certificate,
which shall be known as a certificate of removal, and shall be in the
words and figures following, to wit:
AMEND MENTS. 589
“Certificate of removal.
“Polling place of the election district,
assembly district city of New
18 , to the board of inspectors of
election district,
York,
election,
assembly district.
“This is to certify that the name of
heretofore residing at
in this election district, has been by us, the inspectors of election in
this district, stricken from the registers of this district and the proper
erasures made upon the oath of removal, and at the request of said
above-mentioned person ; and that upon the registers of this elec-
tion district were entered as to him the following statements:
Name Residence
Sworn Nativity
Color Term of residence
Assembly district County
State Naturalized
Date of papers Court
Qualified voter Date of application
* * * g e º 'º - ºr e º 'º & © 4 º' - tº
• * * * * * * * * * * * * * > * g º e g º e º ºp
Sec. 29. Section nineteen hundred and eighty-five of said act is
amended so as to read as follows:
§ 1985. All auctioneers doing business in the city shall hereafter
be required, between the first and fifteenth of June, in each and
every year, to obtain from the mayor of said city a license to engage
in and carry on such business and occupation, upon filing a bond
with two good securities in the penal sum of two thousand dollars.
Sec. 30. Section two thousand and ninety-three of said act is
amended so as read as follows:
§ 2093. There shall continue to be, in the city of New York,
a board entitled “the board of commissioners of pilots,” con-
sisting of five persons, to hold their offices, respectively, for two
years from the time of their election, and until others shall be
elected. Three of such commissioners shall be elected by the
members of the Chamber of Commerce of the city of New
York, at a meeting to be called for the purpose, to be specified
in the notice for the meeting; and the certificate of the secre-
tary of that body, or other officer regularly performing his duties
for the time being, shall be prima facie evidence of such elec-
tion. Two other of such commissioners shall be elected by the
|presidents and vice-presidents of the marine insurance com-
panies of the city of New York, composing or represented in the
board of underwriters of said city, at a regularly convened
meeting of such board, on the notice of their secretary, stating 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 commis-
§loners will take place, and delivered at the office of such company.
Each insurance company represented at such meeting shall be enti-
tled to one vote, and the certificate of the secretary of such board,
Form of
Certificate.
1853, ch. 138, §3,
Comp. 874.
1853, ch. 467,
§§1, 2, 3, 4,
Comp. 1638.
Board of com-
missioners.
See 1863, ch.
358, $34, relating
to quarantine
imposes a duty
on pilots ; 45 N.
§ 446; 59 N. Y.
l,
Three commis-
sioners to be
elected by
Chamber of
Commerce.
Two commis-
sioners to be
elected by
president and
vice-president
of the marine
insurance com-
Janies, New
ſork.
590 AMENDMENTS.
Election in case
of vacancy of
commissioners.
tº:
Id. §5.
()ath of office.
Id. $6.
Secretary.
Id. $7.
Office to be es-
tablished.
1853, ch 467, $8,
Comp. 1639.
Duties of 8ccre-
lary.
Id. $9,
as amended
1854, ch. 194, $1.
Licensing
pilots.
or of any officer acting in his stead, shall be sufficient prima facie
evidence of an election. Upon the expiration of the term of office
of any commissioner or commissioners, or within thirty days prior
thereto, and upon any vacancy occurring by death, resignation,
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. 31. Section two thousand and eleven where it occurs in
chapter twenty-eight thereof is amended so as to read as follows:
§ 2094. Each commissioner, before entering upon the duties of
his office, shall take the usual oath of office before an officer author-
ized 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. 32. Section two thousand and twelve of said act where
it occurs in chapter twenty-eight thereof is amended so as to read
as follows:
§ 2095. The commissioners shall appoint a secretary, who shall
take a like oath, to be filed in like manner, as provided in the
preceding section ; and they may remove him at any time and
appoint another; and shall prescribe his duties and compensation.
The board shall establish an office in some convenient 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. 33. Section two thousand and thirteen of said act, where it
occurs in chapter twenty-eight thereof, is amended so as to read as
follows:
§ 2096. The commissioners shall require their secretary in per-
son, 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 resi-
dence of all the pilots who may be licensed by them, with the dates
of their licenses respectively, and such books may be inspected by
any person interested.
Sec. 34. Section two thousand and fourteen of said act where it
occurs in chapter twenty-eight thereof is amended so as to read as
follows:
§ 2097. The commissioners, or a majority of them, shall 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 commis-
sioners may specify in such licenses different degrees of qualifica-
tions 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 of laws of any other state, and the said commissioners,
or a majority of them, shall have the power and authority to revoke
AMENTOMENTS. 591
and annul the license of any person so licensed by them to act as
pilot who shall not be attached to a boat approved of by said
joard, or who shall be guilty of any intoxication or other miscon-
duct while on duty.
Sec. 35. Section twenty-one hundred and forty-three of said act
is amended so as to read as follows:
§ 2143. This act shall not affect any offense committed or right
of removal accrued prior to the time when it takes effect, and all
penalties and forfeitures incurred under any statute superseded or
repealed by this act prior to the time when it takes effect may be
prosecuted and punished in the same manner and with the same
effect as if this act had not been passed. Nor shall this act affect
any right accrued or acquired prior to the time when it takes effect,
nor create a vacancy in any office or employment. Nothing in this
act contained shall be construed as affecting any existing provision
of law so far as such provision applies to any portion of the state
other than the city of New York.
Sections one hundred and eighteen, ten hundred and seventy-
four, ten hundred and seventy-six to ten hundred and eighty-five
inclusive, ten hundred and eighty-seven, eleven hundred and
ten, eleven hundred and eleven, eleven hundred and fourteen,
eleven hundred and fifteen, eleven hundred and seventeen, eleven
hundred and twenty-three, eleven hundred and twenty-five,
eleven hundred and sixty-nine, eleven hundred and eighty-three
to twelve hundred and three inclusive, twelve hundred and five,
twelve hundred and eight to twelve hundred and forty-eight in-
clusive, twelve hundred and fifty to twelve hundred and seventy-
four inclusive, twelve hundred and seventy-six, twelve hundred
and seventy-seven, twelve hundred and eighty-four, twelve hun-
dred and eighty-five, except subdivisions nine, eleven and
twelve, twelve hundred and eighty-six, except subdivisions four
and five, twelve hundred and eighty-seven, twelve hundred and
eighty-eight, twelve hundred and ninety-six, thirteen hundred
and one, thirteen hundred and seven, thirteen hundred and
eight, thirteen hundred and eleven to thirteen hundred and four-
teen inclusive, thirteen hundred and sixteen to thirteen hundred
and forty-six inclusive, thirteen hundred and forty-nine to thir-
teen hundred and fifty-seven inclusive, thirteen hundred and
fifty-eight to thirteen hundred and sixty inclusive, thirteen hun-
dred and seventy-one, thirteen hundred and eighty-three, thir-
teen hundred and ninety-two to thirteen hundred and ninety-
seven inclusive, fourteen hundred and five, fourteen hundred and
twenty-one, fourteen hundred and twenty-four, fourteen hun-
dred and thirty-eight, fourteen hundred and sixty-two, fourteen
hundred and ninety-four, fourteen hundred and ninety-five to
fifteen hundred and two inclusive, fifteen hundred and seven,
fifteen hundred and twelve, fifteen hundred and fourteen to fif-
teen hundred and seventeen inclusive, the last clause of section
fifteen hundred and eighteen, sections fifteen hundred and
twenty-six to fifteen hundred and twenty-nine inclusive, fifteen
hundred and sixty-nine to fifteen hundred and seventy-two in-
clusive, fifteen hundred and seventy-six to fifteen hundred and
eighty-two inclusive, fifteen hundred and ninety-three, sixteen hun-
dred and fifty-two to sixteen hundred and ninety-eight inclusive,
Effect and
application of
this act.
* 592 AMENDMENTS.
seventeen hundred and fifteen, seventeen hundred and sixty-five and
seventeen hundred and seventy-nine of this act being intended only to
contain the substance of certain sections of the Code of Civil Pro-
cedure or of the Code of Criminal Procedure, or of amendments
thereof, shall not be construed as making any new enactment, or
as repealing, modifying, amending or superseding any provision of
either of said . or any amendments thereof, but shall be
treated and considered as embraced in this act solely in order that
it may contain all provisions of existing laws which are of special
application in the city of New York. Sections thirteen hundred
and seventy-one to thirteen hundred and seventy-six inclusive, fif-
teen hundred and thirty-nine, sixteen hundred and thirty-seven
to sixteen hundred and fifty inclusive, shall in like manner be
treated and considered as making no new enactment, but as
embraced in this act for the same reason.
When act to For the purpose of determining the effect of this act upon other
** acts, except the Penal Code, and the effect of other acts except the
Penal Code, upon this act, this act is deemed to have been enacted
on the first day of January, in the year eighteen hundred and eighty-
two ; all acts passed after such date, and the Penal Code, are to have
the same effect as if they were passed after this act. This act shall
take effect on the first day of April, eighteen hundred and eighty-
three. This act may be cited as the New York City Consolidation
Act of eighteen hundred and eighty-two.
Sec. 36. This act shall take effect immediately.
Section.
ABATEMENT OF NUISANCE:
3y suit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 636–648
General powers as to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sº tº º e s a e e s e e º e s e e º e º ºs e º e s e
And see IIEALTH, DEPARTMENT OF.
ABANDONMENT BONDS sued in district courts........................ . . . . . . . . . . . 1348
To be approved by Commissioners of Charities and Correction . . . . . . . . . . . . . . . . . . . 423
ABANDONMENT OF FAMILY, how punished................ . . . . . . ............... 1454
ABSTRACTS, WEEKLY, of work of departments ... ............................... 51
ACADEMY OF DESIGN, exempt from taxation.................... . . . . . . . . . . . . . . . . . 824
ACCIDENTS, prevention of......................................................... 538
ACCOUNTS OF THE CORPORATION:
Forms of keeping and rendering. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...... 123
Subject to inspection by officers of finance department........................... 123
Adjustment and settlement of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
Bureau for audit and settlement of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
ACCOUNTS, COMMISSIONERS OF :
See COMMISSIONERS OF ACCOUNTS.
ACCOUNTS OF CITY TREASURER. :
4. See CHAMBERLAIN.
ACCOUNTABILITY of officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................... e 95
ACIDS, storage of . . . . . . . . . . . . . . . . . . . . . . ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 456–461
ACKNOWLEDGMENTS, justices of district courts may take...................... ... 1391
ACTIONS AGAINST CITY :
What courts have jurisdiction of . . . . . . . . . . . * * * * * * * * * * * * * * e º e º is a tº e s is a sº e º ºs e º ºs e º is 1103
What necessary to maintain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................. 1104
Costs in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1104
On what persons summons and process served. . . . . . . . . . . . . . . . . . . ............ .1080, 1105
Not to be maintained unless claim first presented to comptroller ................. 1104
None to be maintained for advertising except as authorized ...................... 66
ACTIONS FOR PEN AITIES :
For violations of laws or ordinances, in what name to be brought................. 216
515, 616, 617, 622
To be conducted by whom................................... ... .216, 431, 515, 589, 617
ADMINISTRATION, letters of, to public administrator.................... ... ...... 230
ADMINISTRATOR, PUBLIC:
See PUBLIC ADMINISTRATOR.
ADMINISTRATOR, TEMPORARY:
To deposit money. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1200
Penalty for failure to deposit. . . . . . . . . . . . . . . . ................................... 1201
ADVERTISING FOR CORPORATION:
To be done at public expense only in City Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Brief advertisements may be inserted in certain newspapers...................... 66
Newspapers, number and selection of . . . . . . . . ................................... 66
ALDERMEN, BOARD OF:
Legislative power vested in..................................................... 29
Number and election of members............................................... 29
Term of office of members...................................................... 29
Vacancies in, how filled . . . . . . . . . . . . ............................................ 29
Aldermen to be residents of districts ........................................... 29
Election of temporary chairman ..... ... & e º e º & © tº e º 'º e s ∈ e º 'º sº e º sº sº º º ºs e º e < * * * * * * * * * * * 33
Salaries of members other than president....................................... sº 52
Bribery of members of.................................................... ... sº 58
9istricts elected in............................................................. 29
agistrate, aldermen not to sit as... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .71, 1493
Quorum e & e º e º sº e º e º & tº & e º is e º e s e º e º e s is a s a e s e e is e s e e º 'º e º s tº ſº dº tº e º 'º e s is a tº e º e º tº gº e º gº tº tº E tº º 70
2 INDEX.
Section.
ALDERMEN, BOARD OF-Continued. f
Certain officers entitled to seats at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Election of president. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . § tº e º g º is tº 71
Appointment of clerk and officers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
To determine rules of procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . gº & º is a º 71
To pass upon election and qualification of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
To sit with open doors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Forfeiture of rights by members, on expulsion from . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Ordinances and resolutions of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * 74, 75
Azzd 86e ORI) INANCES AND IRE8OLUTIONS. s
Restrictions upon legislative power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74, 81
Certain ordinances as to salaries void ..... º e s is e º e s is e º e s is e e º e e s is e e s = e º e s a s e s e s a tº 96
Ordinances of, continued in force. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * 56
General powers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Special subjects of legislation by. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
To exercise powers and duties of board of Supervisors. . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
act of, to be approved by mayor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
majority required to pass resolutions, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
Must prescribe certain Balaries by ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Ordinances regulating contracts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
May pass ordinances for better organization, etc., of departments. . . . . . . . . . . . . . 95
Pass ordinances as to anchorage in track of ferries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
Ordinances of to be codified and published. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
To cause records of criminal business to be made. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
To designate buildings for jails. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
To assign places for holding criminal courts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86, 1506
To assign places for holding district courts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
To appoint physician to county jail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
To pass upon provisional estimateş. . . . . . . . . . . . . . . . . . & a s º dº tº e s tº tº dº º tº e g is is º ºs e º 'º e º e s e ∈ 189
To pass upon nomination of excise commissioners. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
May close street opened without their consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
To provide for accountability of and security from officers . . . . . . . . . . . . . . . . . . . . . . . 95
Appointment of commissioners of deeds by... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
Are trustees of the city and county. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
Violations of law by members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
Individually liable in certain cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
Consent of, to appointments by mayor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
Repavement of streets, when to be directed by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 320
Taxes, provisions in reference to levying by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211—214
What to include in tax levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 830
Special meeting of, to receive assessment rolls. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 828
IXuties of as to tax-rolls. . . . . . . . . . . . . . . . . . . º e e º e º 'º e s tº e º ºs e ºs e s tº es e º is sº e º e º s e º e s e s e tº 829–833
Penalty for neglect of duty as to tax rolls. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 834
To fill vacancy in office of surrogate. . . . . . . . . . . . . . . . . . . . . . . . . tº $ tº e º ſº º e º ſº º e s p & & ſº ſº e gº 1180
To authorize surrogate to appoint clerks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.191
Fix salaries of clerks appointed by Burrogate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.191
May require security from clerk of superior court................... . . . . . . . . . . . . . 1175
When to appoint person to examine guardians' accounts . . . . . . . . . . . . . . . . . . . . . . . . . 1203
To require security from surrogate's asſistants. . . . . . . . . . . . . . . . . . . . . . . . . . © e s e e s a e e 1204
To provide rooms for commissioner of jurors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1666
Account of commissioner of jurors transmitted to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1691
Work and supplies furnished by what vote. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ is e º gº tº 64
Salaries of certain officers, may fix . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Certain legislation relative to sinking fund, prohibited. . . . . . . . . . . tº gº tº e g a º e º is tº e º e º ºs 179
Assign office to clerk of common pleas. . . . . . * g e g g g g g tº e s sº º is a e º 'º º is is tº e º ºs e is e s tº e º e º is tº 1170
Assign office to receiver of taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ‘. . . . . . . . . . . . . . . . . . 838
Power to designate buildings, as city hall . . . . . . . . . . . . . . . . . . . . . © tº e º & ſº tº e º is tº tº dº ſº e º e ... 1073
as common jail. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * e e s sº e & 90
Approve stage routes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1949
When grant authority to run stages . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * ~ * * * * * * * g is e 1947
Proceedings of, published. . . . . . . . . . & e s a e s e s & s s a e e s tº e s & e s e º e s tº e s is e º º e s is is © º ºs e º sº tº gº 80
May direct deepening of slips . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 721
Regulate fees j for searches by clerk of arrears. . . . . . . . . . . . . . . . . . . . . . . . . . . 86, 952
Report of chamberlain to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
Report of commissioners of accounts to... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
Grades, powers of, as to establishing and altering. . . . . . . . . . . . . . . . . . . . . . . . . * & e g g tº e 1962
President of,
election of...... . . . . . . . . g a tº e º e º ºs e º 'º a gº º tº e º ºs e º e º g tº º is g g tº e e g º ºs e º tº º . . . . . . . . . . . . 71
when to act as mayor . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº tº dº tº ſº tº $ tº tº dº e º is e tº º ºs e º º . . . . . . 82
member of board of estimate and apportionment. . . . . . . . . . . iº º º gº tº e g g g g tº ºx & 9 e º gº tº 189
member of board of street openings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº ſº e E & © g g g tº 926
duties of, when performed by temporary chairman . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Salary of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº ſº e º ſº e º º & º de e g º ſº tº º tº e º * * * * * * * * g º 'º & ... .. 54
duty of, as to tax-rolls. . . . . . . . . . . . . . . . . . e s sº e º ſº e º e º 'º e º is g º e º as a . . . . . . . . . . . . . . 881
Clerk of,
appointment of... . . . . . . . . . . . . * g º ºs e º a tº gº tº sº e º º ºs e s tº ſº e g º e & e º sº e º is a dº sº gº tº e º ºs e º ºs e g ... 71
duties of . . . . . . . . . . . . . . . . . . . . tº º ſº gº º º tº e e g º e º e º is a tº dº sº * * * * * * c is tº º e º e º ºs e º 'o º tº gº tº º tº gº 76–80
to keep election returns unopened. . . . . . . . . . . . . . . . . . . . . ... tº * * * * * * * * * e G & e º ſº tº . . . . 1900
certain public records to be deposited with. . . . . . . . . . . . . . . . . . . . . . . . . . . . e º gº tº º ſº. 78
Chairman of finance committee of, one of commissioners of sinking fund ..... .... 170
INT)REX. 3
Section,
ALDERMEN-AT-LARGE:
Number to be elected............ & 2 s s e º e a e s - e s a s s a s s a s • * s is a s 4 ~ * * * * * * * * * * * * * * * * * 29
How to be voted for . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * * * * * s e º 'º e º 'º º e a s a e º e < e s e e 29
ALTERATION OF BUILDINGS :
ASee BUILDING8.
AMERICAN FEMALE GUARDIAN SOCIETY:
ASee FEMALE GUARDIAN SOCIETY.
AMERICAN MUSEUM OF NATURAL HISTORY:
ASee MUSEUM OF NATURAL IIISTORY.
AMUSEMENT, certain places of, Bupprebbed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . & sº a s e º 'º e 285
And 86e THEAT1:ES AND PLACES OF AMUSEMENT.
ANCHORS:
Not to be dragged over pier . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 783
ANIMALS :
Allowing upon sidewalkB, how punished........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1449
ANIMALS (DEAD):
Removal of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 567
Not thrown into harbor. ...... e - e ºs e & s = e º e - a dº e º s is a e º e e s e a e º s is e º sº e s a • * * * * * * * * * * * * 741
Transported only by steam. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 752
Boats carrying, permit for... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 750
to be propelled by steam . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 752
penalty for violation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 753
ANNEXICD DISTRICT, bonds of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
* Azzal see TWENTY-THIRD AND TWENTY-FOURTH WARDS.
ANNUAL APPROPRIATIONS:
ASee ESTIMATE AND APPORTIONMENT, BOARD OF.
ANNUAL ESTIMATE :
KSee ESTIMATE AND APPORTIONMENT, BOARD OF.
APOTHECARIES :
ASee PHARMACISTS.
APPEARANCE, in district court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº in e s e º 'º' 1294, 1298
APPEAL :
From order of removal of actions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1134
From district conrts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1438–1439
To general term in marine court ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1266–1267
From general term, marine court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1209–1271
From Burrogate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * e º 'º is e e s = e < * * * * * * * * * * * * * 1198
"To common pleas from marine court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1269–1271
Judgment on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1272
To court of appeals in marine court cause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1279
To state superintendent of public instruction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1027
By board of health, security in . . . . . . . . . . . . . . . . . . . . * * * * * * e s e s tº * * * * * * * * e e s a s - a s • 1091
APPLICANTS for appointment in police department, names of, published . . . . . . . . . . . . . 268
APPOINTMENT:
Of commissioners and heads of departments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
Of commissioner of street cleaning. . . . . . . . . . . . . . . . . . . . . . . . . . . . . & © º º ſº tº * * * * * * * * * e e 107
Certificates of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * e º 'º - sº e s tº s 53
No compensation to be paid for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .......... 59
Names of applicants for, in police department, published ........................ 268
To be published in “City Record ”........................................... * 51
Of subordinates by heads of departments............................... . . . . . . . . . 48
APPORTIONMENT, BOARD OF :
See ESTIMATE AND APPORTIONMENT, BOARD OF.
APPROPRIATIONS:
Transfer of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204
Transfer of unexpended balances of... . . . . . . . . . . . . . . . . . . . . . . . . . tº º º e º t. e e º e s tº º ºs = * 207
Surplus of, how applied. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207
No expenses incurred without. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Not to be exceeded . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . & e a s a tº s e s is e º e º 'º e º e < * * * * * * * * 47
Of excise moneys. . . . . . . . . . & a e s & e e s a e º s v c e º e º e o e º e e s e e e s e e º e e s e º e < e s e tº a e º 'º - e º a tº 210
ARBITRATION, COURT OF ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1780
Procedure in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - * * * * * * * 1798
Award in. . . . . . . . . . . • a s e e s e > * ~ s s e s = * * * * * * * * * s s e e s e e s e e º e s = e s e a s = e e s a e a s e a e º e s e e 1798
Judgment on award. . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * * * * * tº e s tº e º e = e º ºs te º e º 'º - 1801, 1802
Execution in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1802
Rehearing . . . . . . . . . . . . . . . . . . . . . . . - e º is tº a tº a e º e º e º 'º a • * * * * * * * * e a e º e º e º e º e º 'º e º as a 1798, 1800
Arbitrator appointed by governor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . © e º e º º & & © º e e 1780
file oath. . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * * * * * * * * * * * * * * * * * a e s e s e e s e s e e º e º e 1780
Seal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • e º e º e s e º 'º º e º e º ºs e e e s e e s - ..... 1786
May issue commissions. . . . . . . . . . . . . . • 2 e - - e. e. e. 4 e s is e e a e e º 'º e e • * * e º 'º - dº tº e º e º e e º º .... 1798
Costs in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1803
False swearing in . . . . . . . . . . . . . . . . . tº º e º 'º e º 'º * * * * * * * * * * * * * is a c e º 'º º * * * * * * * e º e º 'º e º e . 1804
No action on controversy after submission to.................................... 1805
4 INDEX.
Section.
ARBITRATION, COURT OF-Continued.
Jurisdiction of, limited . . . . . . . . . . . . . . . . . . m a. s. s is e e º e s w is º a s e º e s ∈ is º e º s a s is is a tº s e º ºs e º 'º' 1806
Forms and rules of proceedings in.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1781
Term of arbitrator. . . . . . . . . . . * * * * * tº e º a s e s e º e º e s a e e s e e s e e s is a e º e < * * * * * * * * * * * * * * * * 1780
Mutilating, etc., records of........... e e s a e e s as a e e s e º e º s e º e º 'º e e s e s is e e º e s m e º s tº e s is º 1785
Removal of arbitrator. . . . . . . . . . tº e º 'º e º 'º e s º e º ſº ... º. º e º e s e º 'º e º 'º e º e º s is a tº e º ºs e º is tº e º ºs is $ & & 1780
Arbitrator may administer oaths . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1781
take acknowledgments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1781
make rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1781
Clerks’ duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1785
term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1784.
when may appoint assistants . . . . . . . . . . . . . . . . . . . . . . . . . . . e e º e s is e s e º s e s e º e s is a º 1784.
How award enforced. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e sº e s as e º is e º e e º a s is a s & s a º $ tº º e & 1802
Expenses of court-house by chamber of commerce. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1782, 1783
Arbitrator to interpret contracts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178
Submission to arbitration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1788
Jurisdiction of, over members of chamber of commerce. . . . . . . . . . . . . . . . . . . . . . 1790, 1792
Additional arbitrator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1793, 1797
ARMED PERSONS, when guilty of misdemeanor....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1445
ARMORIES AND DRILL ROOMS :
Lease of, appropriations for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 (sub. 6)
ARMORY, FOR SEVENTH REGIMENT:
Appropriations for fund of... . . . . . . . . . . . . . . . . . . . . . . . . . . & º e º 'º º tº is tº tº us tº dº ſº tº e º 'º º 194 (sub. 5)
ARREARS:
Clerk of,
list of unpaid taxes transmitted to....... • * g º 'º e º ſº e º ſº tº gº ºn g º e º 'º & E tº º ſº º º e º e tº tº e º is tº 638
fees for searches by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 952
may be regulated by ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 (sub. 38), 952
duty of, respecting sale of lands and tenements for unpaid taxes, etc., ...... 926, 929
bills of arrears, etc., to be furnished by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 951
when bill given by, discharges lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 951
record of sales for taxes, etc., to be kept by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 953
duty to procure and preserve proof of publication of notices. . . . . . . . . . . . . . . . . . 954
give certificate of redemption. . . . . . . . . . . . . tº s is a e s e º ºs e e s a s = e º e s a s tº dº e s a e º ºs º ºs e s ſº 949
advertise sales for taxes, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 926
conduct sales for taxes, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . & e º ºs e º se e e º e º e º sº e s a . 929
bid in for city . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 931
assign purchases made for city. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 931.
give notice to mortgagees, lessees, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 936
give notice to redeem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 941
give bills of arrears of taxes, water rents, and assessments. . . . . . . . . . . . . . . . . . . . 951
Bureau for collection of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * G & & gº tº e * * * * * * * is e . 125
record of confirmed assessments kept in. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 915
Of assessments charged bureau of arrears. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 921
Of water rents reported by commissioner of public works....... . . . . . . . . . . . . . . . . . 921
Of taxes and water rents charged bureau of arrears. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 921
Of taxes or water rents added to tax-rolls..... tº º a e g g º e º e º is e º e s e º 'º e s e e s p → ~ e s e is is e 923, 925
Assessments added to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 924
ARR, EST :
In district courts. . . . . . . . . . . . . . . ge g º º ºs e º e º is e e s = e º e º gº º ºs e º is a tº e s is s e º sº a s e º 'º e º 'º º & 1304, 1305
Duty of marshal in cases of............. tº e º e º e is e º is © tº e º & tº e º e tº ºn tº e º & e º ºs º & 1308, 1310, 1315
In marine court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1251—1253
On execution, in actions by female employees. . . . . . . . . . . . . . . . . . . . . . . . . . * * g º gº tº e º ºs tº 1086
Under game laws . . . . . . . . . . . . . . * * * * * * * * * * * * • * g e s is sº e s e e s tº e º ºs e e s tº e s is a s is e * > * g º e º gº . 1306
Willful neglect in making, a misdemeanor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 280
Without warrant . . . . . . * - e g º e º e º gº º tº a sº a s sº e º e º sº sº tº s e e º e º a s is tº º sº e º e º e º s sº º ºs e º 'º - e º sº e is a 277
Reports of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279
Orders of, by court of record, issued only to Bheriff. . . . . . . . . . . . . . . . . . . . . tº & tº gº ºs e º p & 1717
Of disorderly persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1461
ARSON OR IN CEND [ARISM :
Investigation into cases of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 466
proceedings in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 466
Arrest of persons suspected of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 468
ART :
Gallery of, in Central Park, annual appropriation for................... . . . . .194 (sub 7)
establishment and maintenance of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 693
Metropolitan museum of, contract with, by department of parks............. . . . . . 697
ASHES :
Removal of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º 'º e º g º dº e º ſº e e º ſº 704
Contract for sale of . . . . . . . . . . . . . . . . . . . . . . tº e e s tº e s sº a e º s º e º 'º e e º e º g º e º e s is a tº a sº e s tº s º tº 700
Special contract for collection of......... • a e s a e e s a e s = * * * * * * * * * * e s e s is e s e tº g º º ſº º e ºn tº 707
In streets. . . . . . . . . . . . . . . . . . . . . . . . e ºn e º e is e e s e = e º is e º 'º e º e º e s tº e º e º a s a sº º e º a º e º is e ... 1936
Not to be thrown into harbor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * = c is s is tº º ſº is tº 746, 780
Scows for, to be stationed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º 'º º º ºs e º 'º . . . . 747
ASSAULT AND BATTERY :
When complainant may be ordered to pay costs..... tº e º as º is tº e º 'º e º ſº e º e º e s is & tº e º a gº tº º 1540
When to pay fees...... tº e º 'º e º ºs e º sº e º tº it s is tº e de 1566
INDEX. 5
Section.
ASSAY OFFICE :
- Ceded to United States. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............... 1633
Exempt from taxation .................................... . . . . . . . . . . . . . . . . . 826
ASSESSMENTS :
Bureau for collection of, and of arrears of....................................... 125
On city, how provided for............. . . . . . . . . . . . . . . . . . . . . * s e e s sº e = * * * * * @ e º ºs e g is 139
For local improvements, to be paid over to commissioners of sinking fund ........ 178
Moneys in treasury, received from, paid into sinking fund for redemption of debt. 173
also, moneys to be received................................................. 173
For deepening slips. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * e º is sº tº 883
Revision and correction of.................................................... 820, 822
Vacating and modifying, provisions as to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 897, 914
No action to vacate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 897
Certain, vacated for fraud or substantial error. . . . . ............................ 898, 902
Reduced for irregularity..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 898, 902
What irregularities not ground for vacating.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 899, 902
All property benefited liable to................................................ 899, 902
Irregularity in Bale, no ground for vacating.................................... 899, 902
Order vacating, how entered. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 900, 902
How canceled. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 900, 902
Several, embraced in one application to vacate....... . . . . . . . . . . . . . . . . . . . . . . . . . 901, 902
Certain, not to be vacated, but reduced ............................... . . . . . . . . . . 903
Not reduced below proportionate value.......................................... 903
Proceedings to vacate or reduce, to be brought within a year of confirmation...... 904
Commission to vacate or modify............................................... 907, 909
Powers and duties of commission. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 907, 913
When lien of, not affected. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 913
When a preferred lien. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 915
When party paying, may collect of others. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 878, 883
£ffect of, upon landlords and tenants ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ & © tº sº e s gº ºn tº 878
Deficiencies in, how met .......................................... * * * * * * * * * * * * 149–150
When lands sold for, taken possession of by city. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 935
Sales for.
See SALES.
Fees of collector of, to be regulated by ordinance. . . . . . . . . . . . . . . * * * * * * * * * * g tº S6 (sub. 38)
Interest on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 918
Within what time confirmed or referred back. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 867
How made by the assessors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 868
Assessors to give notice of completion of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 871
For repaving streets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 321, 875
For sewers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 872, 878
For change of grades. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... e s e º & e º s º º is a e º ºs s e s e s = e g º sº. 873, 876
For change of greades in twenty-third and twenty-fourth wards. . . . . . . . . . . . . . . . . 874
For paving. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 875, 878
For change of grade, how collected......... * * * * * * * * * * * * * * * * * * * * s is e º ºs s e º e º 'º tº gº & © & 876
For relaying pavements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 877
For drains and vaults. . . . . . . . . . . • * * * * * * * g º º ſº e º e º ºs e º 'º e º e º 'º e º e º e º a º ºs s a s e s e s sº e º 'º gº tº 878
For filling lots. . . . . . . . . . . . . . . . • * * * e º º ſº e º º e º e s tº º is a tº e º ºs º e s m e º ºs e s s e s º ºs s a tº e º º e º e s e e 878
For fencing lots. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 878
For drains, vaults, filling and fencing, how collected. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 878
For new street, between Tenth avenue and Avenue St. Nicholas. . . . . . . . . . . . . . . . . . 879
For Spuyten Duyvil improvement........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SS6
And see SPUYTEN DUYVIL IMPROVEMENT.
For deepening slips . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 882
For oisterns or pumps. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 884.
Record of confirmed, to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * 885
For Morningside avenue, when board for revision and correction of, to act on. .... 906
How vacated or modified...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 907
And see STREETs, etc.
ASSESSMENTS, BOARD OF REVISION AND CORRECTION OF........ . . . . . 867
Quorum of what is . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º e º ºs e e º ºs é º 46
Powers and duties of... . . . . . . . . . . . . . . . . . . . . . . . . . is tº e º e s tº ſº e º 'º tº º te e º sº tº º e º ºs e e s tº e º is º º 867
as to Morningside avenue. . . . . . . . tº º e º gº tº dº º º ſº º is e is e º a g º t e º e is e º e º ºs e < e º 'º e º e g tº gº e º ºs 906
ASSESSMENT BONDS :
When to be issued and for what purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
To be issued for awards of assessment commission... . . . . . . . . . . . . . . . . . . . . . . . . . . . 156, 912
ASSESSMENT COMMISSION :
Powers and duties of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº $ tº ſº tº gº tº ºr & 907–913
What assessments within jurisdiction of....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 907
to what extent corrected or reduced. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 908, 911
Majority a quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 908
Witnesses compelled to attend. . . . . . . . . . . . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 908
Production of books compelled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 908
Who are commissioners. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 910
Appoint clerks and stenographer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 910
How motice given of meetings....................... . . . . . . . . . . . . . . . . . . . . . . . . . . . 910
Record of proceedings kept. . . . . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * = e s a s a sº º ºs e º e s is 910
Establish rules for procedure................................................... 910
6 . INDEX.
Section.
ASSESSMENT COMMISSION.—Continued.
When powers expire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • g º e º ºs e g º a tº e s tº º ºs º 0 ° e is a tº e º ºs tº 910
How time extended. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 910
What relief may be awarded. . . . . . . . . . . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 911
Certificate stating relief to be filed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 911
Relief where assessment paid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 912.
Bonds to be issued for awards by.............. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156, 912
ASSESSORS:
Appointment of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 865,
Duties of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 865, 866.
Common Council provide rooms, etc., for.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 866
How assessments made by... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 868
Not to be enjoined. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 868
How describe houses and lots. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 869
use ward numbers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 869
Give names of owners and occupants. . . . . . . . . . • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 869
To assess to only half value . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 870,
Give notice of completion of assessment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 871.
Form of notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 871
To consider objections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 871
Present assessment and objections to board of revision... . . . . . . . . . . . . . . . . . . . . . . 871
To assess for Bewers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 872,
for change of grades. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... • * * * * * * * * * * * * * * * * * * * * * 873, 874
when, for paving. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 875
for relaying pavements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
To assess deficiency in street openings. . . . . . . . . . . . . . . . . . . . . . . . . • tº a e e º s e º 'º - e º ºs º º º 994
ASSISTANT DISTRICT ATTORNEYS :
Number of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1503
Salaries of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1503
ASSOCIATIONS:
When deemed resident... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1127
Service upon. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . & s e e s • * * * * * * * * * * * e s s a e & 1127
ASSOCIATION FOR BEFRIENDING CHIT, DREN AND YOUNG (; IRLS.
annual appropriation to... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
ASSOCIATION FOR BENEFIT of Colored Orphans, schools of.......... ......... 1066
ASTOR LIBRARY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 824.
ASTRONOMICAL OBSERVATORY... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 693
ASYLUM, INEBRIATE :
Power to commit to... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 1098.
Who may commit to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1098
Procedure on committal. . . . . . . . . . . . . . . . . . . . . * e º e s ∈ & 6 s º e º sº e º 'º e º º tº e º 'º e º & # e. e º º 1099–1101
Discharge from . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1102.
To report to board of health. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 570
ATTACHMENT:
Against property in marine court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1248.
In district courts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1316
Warrants of, issued out of courts of record, only to sheriff. .................. . . . 1717
ATTEN DANTS :
Of courts, how appointed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1113, 1153
Of marine courts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1229, 1931
In police courts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1546
Of Bpecial Bessions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1570
Of Supreme court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... 1113
Of oyer and terminer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1113
Salaries of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1113
Of common pleas, salaries of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1171
Of Supreme court, Balaries of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1177
In district courts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1432
ATTORNEY :
No one practice as, unless admitted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1077
penaly for violation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1078
Not to be bail. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1490
In police courts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1556
ABsigned to departments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215.
Corporation, chief officer of bureau............. * * * * * * * * * * * * * * * * * e s e º e s a e º 'º - * * * 216 ‘
monthly statements by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * is a 4- tº gº º 216
And see CORPORATION ATTORNEY.
For collection of personal taxes appointed by corporation counsel. . . . . . . . . . . . . . . . 215
bond of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - e º & e º e º sº s ºn a º º & tº ſº 248.
Balary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
duties of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 860
report cases dismissed by court. . . . . . . . . . . . . . . . . . . . . . . . . e e a s e e s e s e e s is a tº e º e 861.
keep books. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • e e s e º e s g g a s e a e s is e º sº tº º 862
deliver books and papers to successor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 862
To fire department, duties of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 431, 516
appointment and removal of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 432.
Salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
INDEX. 7
Section.
ATTORNEY-Continued.
to act in proceedings for removal of unsafe buildings. . . . . . . . . . . . . . . . . . . . . . 511, 515
costs of, in Buch proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . © e º 'º e º 'º e s tº * * * * * * 513
To board of health, appointment and salary of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 589
AlJCTIONS AND AUCTIONEERS:
Auctioners:
Becurity to be given by.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1983
notice of sales, to be given by . . . . . . . . . . . . . . . . . . tº e s e s = e s s a e s e e is e < e s sº a s • * 1984, 1987
to make returns to port wardens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1984
tax to be paid by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1989, 1990
º of police over. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... → • b & © tº gº 0 - - - Đ 283
ond of, filed with county clerk... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1986
duties of, respecting sales under port wardens. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1984
licenses, how obtained............................................ 113, 1985, 1986
when revoked and forfeited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1986, 2003
charges against, examined by the mayor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113, 1994
may be committed by mayor for trial... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (
bond of, when forfeited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1994
falso statements by, a misdemeanor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1992
certain fees paid port wardens.......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1984
person3 defrauded by, remedy of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1993
judicial sales by, fees for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1995
fees of, not to be divided with certain persons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1996
Auctions:
Bales at, by whom made. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1983
Sales, how advertised . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1984, 1988
sales, when to be made. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1991
Bales of damaged goods. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1983, 1984
public property to be sold at... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
AlJDIT:
Bureau of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
Chief officer of............ . . . . . . • * * * s e e s a e e e e s e < * a s e e s p s tº a e e = * * * * * * * * * * * * * * *... 125
AUDITOR OF ACCOUNTS, chief of bureau...................., ‘...…. 125
|B3.
BAGGAGE OF EMIGRANTS :
See EMIGRANTS.
BAIL :
Who cannot be. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1489
When notice of application for, to be given to district attorney...... . . . . . . . . . . . . . 1487
Taken by other j. committing magistrate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1487
What magistrates may take...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 1485
When police justice may take. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * e s e º ºs e e º 'º º 1486
When changed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1488
No fees in . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * e a 3 e º e s e º e s tº * * * * * * * * * * * * * * * * * * * * * * * * * * * 1491
By superior court or common pleas.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1156, 1157
BALANCES :
Unexpended, transfer of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207
weekly statement of, by comptroller. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
BALLAST LIGHTERS:
To be licensed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * e º e e º e < * * * * 765
Fees for license. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 766
Penalty for violations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 765, 766
BANIKS () [" DEPOSIT OF THE CU)B.PORATION :
How designated. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
Shall make weekly statement to comptroller............. tº e º 'º e º e º º e º 'º º e º e s tº * * * * * > 164
Limitation to deposit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
Moneys deposited, how disposed of .................................. e e s e º e º ºs e º e 164
Interest on daily balances............ e e e o e º e s = e s e s e a • e e s tº e º e º a e s e a e s e s e s e e º 'º e º e 165
BARGE OFFICE AT BATTERY : -
Exempt from taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 826
Ceded to United States .................. . . . . . . . . . . . . . . . . . . . . . . . s • * * * * * * * * * * * * * 1633
BARGES :
North river, polition of harbor set apart for.................. º e º ºs e º e º e º a s e º e º 'º º 789, 792
additional harbor accommodation for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 804, 805
Used in transporting farm and garden produce, piers set apart for.... . . . . . . . . . . . . 797
BASTARDY BONDS :
Sued in district courts............... e e º a e º ºs e º e e s a º e º e º a s • e e º ºs e º 'º e º 'º e s a s sº e º 'º e º º 1348
Mayor may prosecute. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . © tº e º e s a tº º & © tº 1502
Proscouted by board of charities and correction ...... tº e º e g º º q > * * * * * * > * > * * * * * * * * * 422
BASTARDY CASES :
Costs awarded on appeal in, how paid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..... 162
Bastards, parents of, may be committed..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1498
BATHS : -
See IFI.OATING BATHS.
8 INDEX.
Section.
T}ATTERY, land at, for barge office, ceded. ................. tº g º e º 'º e e º is ſº e º e º e º ſº tº ſº tº tº tº it tº 1633
BATTERY PLACE, power of department of parks over. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 669
BAY, jurisdiction over..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1441
BEDLOW'S ISLAND ceded................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1633
LREGGARS :
Children as . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1463
When vagrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1464
Ordinances may be passed in relation to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 (sub. 11)
BELLEVUE HOSPITAL, admission of non-residents to ....................... • tº a s tº gº 37
BENEVOLENT SOCIETY, HEBREW :
See EIEBREW BENEVOLENT SOCIETY.
BENZINE, storage of................. , º sº e º ºn e º sº s e e º ºs e º e º sº e º ºs e º e º 'º e º ºs º e s ∈ º º e º is is tº dº º sº * * * 457
BENZOLE, storage of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 457
BIBLE, use of, in public Schools. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1062
BIDS :
For work and supplies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Sealed, for contracts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
To be publicly opened. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
BILLS OF EXCHANGE, during epidemic. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2026–2031
BIRDS:
Song birds, etc., when not to be killed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2025
exceptions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2025
Application of the law relative to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2025
Penalties for violating law relative to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2025
how distributed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2025
BIRTHS :
Record of, kept by board of health . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 606, 607
Registry of, kept by physicians and midwives. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 603
penalty for omission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 605
Record of, to be kept by register of records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 482
Record of, by relatives or friends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 603
penalty for omission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 605
BLACKWELL’S ISLAND, water for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * - - - - - - - - - - - - - - - 356
BLIND :
Annual appropriation for adult. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
How distributed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 418
statistics of, acts relating to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... 419
BLIND, INSTITUTION FOR :
Clothing provided for pupils of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * g º e º 'º as e º 'º tº dº tº 194
BOARDS:
Majority of members of, a quorum. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº p tº º 46
May perform any act authorized. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
May choose president, treasurer and secretary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
No expense incurred by, unless an appropriation for. . . . . . . . . . . . - a s s e º 'º e º ºs e º ºs e º ºs º ºs 46
BOARD OF PUBLIC CHARITIES AND CORRECTION:
&ee CHARITIES AND CORRECTION, DEPARTMENT OF.
BOARD OF DOCKS :
See Doc+cs, DEPARTMENT OF.
BOARD OF EDUCATION:
See EDUCATION, BOARD OF, and SCHOOLS.
IBOARD OF ESTIMATE AND APPORTIONMENT:
See ESTIMATE AND APPORTIONMENT, BOARD OF.
POARD OF FIRE COMMISSIONERS :
ASee FIRE DEPARTMENT.
F3OARD OF HEALTH:
See IIEALTII, DEPARTMENT OF.
BOARD TO DRAW JURIES... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1638
BOARD OF ENFORCEMENT OF JURY FINES :
See JUIRY FINES.
IBOARD OF LIGHTING STREETS. . . . . . . . . . . . . . * * * * * * * * * * * * * * * * * * * * * * * * * g c tº e º E & & 69
BOARD OF COMMISSIONERS OF PIJ, OTS :
See PILOTS.
{
BOARD OF POLICE :
+
See PolicE, DEPARTMENT OF.
BOARD OF POLICE JUSTICES :
See POLICE JUSTICES.
BOARD OF PARIKS :
See PARK3, DEPARTMENT OF.
INDEX. 9
Section.
BOARD OF PRINTING AND STATIONERY :
Qf what officers composed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Powers and duties of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
BOARD FOR THE REVISION AND CORRECTION OF ASSESSMENTS:
Officers constituting.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 867
Quorum of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Duties of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 867
Assessment lists, revision and correction of... . . . . ... • e º e º ºs e < e g º ºs w is e e s e e º 'º is is is e º ºs º is 6 867
limitation of time for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 867
Azval see ASSESSMENTS.
Majority of, may act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
BOARD OF STREET OPENINGS AND IMPROVEMENTS :
Officers composing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 955
Powers and jurisdiction of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 955
New Streets, when to be laid out.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 955
proceedings to be taken therein. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 955
Certain streets and avenues may be closed by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1009
proceedings to be taken therein. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1009
proceedings may be discontinued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1009
Streets, etc., legal proceedings to open may be discontinued. . . . . . . . . . . . . . . . . . . . . . 1003
And see STREETS etc., openING OF.
BOARD OF TAXES AND ASSESSMENTS :
See TAXES AND ASSESSMENTs.
BOARD TO DESIGNATE THE BANKS OF DEPOSIT, of whom composed..... 165
BOARDING-HOUSES :
May be regulated by ordinance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 (sub. 34)
Death of strangers in, to be reported to public administrator. . . . . . . . . . . . . . . . . . . . . 246
penalty for failing to report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246
§ of act relative to, furnished by public administrator. . . . . . . . . . . . . . . . . . . . . . . . 247
Sick in, names to be reported. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 611
penalty for omission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 628
T}OARDING-HOUSES FOR EMIGRANTS :
License to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115, 1843
Rates of, to be posted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * g º º ºs e º e º º & 2049
Lien of keepers of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2050
Runners for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2049
BOARDING-HOUSES FOR SAILORS... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2058–2082
- And see SAILORS.
BOATS AND VESSELS :
Record of inspection by board of police. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 310, 312
Fees and penalties to be recovered by board of police. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 311
Qualifications of persons who shall be inspectors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 310
Companies exempted from inspection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3] 1
Qualifications of engineers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; 312
Penalties and violations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 311, 313
BOILERS, STEAM, inspection of............. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 310–313
BONDED DEBT, of corporation may be called in and redeemed. . . . . . . . . . . . . . . . . . . . . . 176
BOND :
Of chamberlain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
Of public administrator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217
Of marshals.
See MARSHALS.
Of clerks appointed by police justices.
See POLICE JUSTICES.
Of receiver of taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 835, 836
Of sheriff. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1714.
Takon in proceedings to collect tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 857, 858
BONDS :
Denominations of, when issued in exchange . . . . . . . . . . . . . . . . . . . . . . . . ... e. e. g. e s & e º e º 'º 136
To be paid from sinking fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177
Assessment, to be issued. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
Revenue, to pay quota of state tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
for expenses in proceedings to remove police commissioners . . . . . . . . . . . . . . . . . . 155
for prevention of spread of contagious diseases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
For Morningside park improvements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
For paving streets and other improvements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
Proposals for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
For expenses in relaying pavements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
For claims and judgments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
For Brooklyn Bridge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
I'or repair of Brooklyn Bridge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198
For awards by commissioners to correct assessments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
For removal of Fifth avenue reservoir. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
10 INDEX.
Section.
T}ONDS—Continued.
For improvement in Hunt's Point district. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152.
For expenses on account of unsafe buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158.
To pay for right of way, etc., for drains. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
Of annexed district . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138.
Dock, how and when issued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
And see CONSOLIDATED STOCK and ASSESSMENT BONDS.
BONE-BOILING establishments, unlawful to carry on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 540
DOOKS, papers, etc., when copies of, to be furnished. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
When open to inspection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
POOTHS, not to be erected within 250 feet of polling places. . . . . . . . . . . . . . . . . . . . . . . . . . . 286,
BOTANICAL AND ZOOLOGICAL GARDEN :
Establishment and maintenance of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 694
Admission to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 695,
BOUILEVARIOS :
Steam railways on, forbidden... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1942.
Power of department of public works in respect to... . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.19.
T}OULEV ARD, SOUTIILR.N., vehicles upon. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1934, 1935.
BOl]NDARIES :
Of city and county. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Of wards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2—25
BREACH OF PEACE, behavior to provoke. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1458
BRIBERY OF CITY OFFICER, how punished ..... tº e s º a s e º a s a s gº tº a e º e º a s = e s is a tº e is e 58
BRICK BOATS, wharfage on. . . . . . . . . . e - e s sº e s e s e s s e s : * c s e s e º e º e s tº e s a s a • * * * * * * * * * * * 800,
BRIDGE OVER, EAST RIVER, .
Sce BROOKLYN BRIDGE.
BRIDGES :
Over Harlem river. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G75–676
Over Bronx river, annual appropriation for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195 (sub. 13)
Plans for, in twenty-third and twenty-fourth wards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 957
BROAD ST1&EET, elevated railways forbidden in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1944
BROADWAY :
Portion of under control of department of parks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 687
South of Murray street, no elevated railroad in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1944
South of Fifty-ninth street, no railroad in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1946.
BRONX RIVER, bridges over, annual appropriation for. . . . . . . . . . . . . . . . . . . . . . . . 195 (sub. 13)'
BROOK.I.YN BRIDGE :
To be a public highway.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1978.
Trustees, powers of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1978–1980
appoint police . . . . . . & e º s e e s e s s e º e s a s e s we e s e s s a tº e s a s e º e s s e s = e s e º e º 'º e s e e s " & " a tº 1981.
to change certain streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1362
fix tolls. . . . . . . . . . . . . . . . . . . . . . . . . . . . e e º e º e s s a s g º e s = e º ºs e º ºſ º ºs & e º ºs s is tº e º ºs º is tº a * 1980.
make regulations . . . . . . . . . e e º e g º e s a s e s e º e s s • * * * * * * s s p * * * * * * * * * * * * * * * * * * * * * 1979,
Jurisdiction over, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1981
Injury to... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1982
Bonds to be issued for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º gº is e a tº dº tº $ tº . 151
Limit of amount to be expended for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
Payment of expenses of repairs to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198.
* BUILDINGS :
Construction, alteration and repair of, provisions of law respecting. . . . . . . . . . . . . . 471–508
plans for, to be submitted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 503.
must be approved before work proceeds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 503
mode of, and material used in, may be passed upon by inspector of buildings. 504
deviation from requirements of law, when and how permitted...... . . . . . . . . . . 504
board of examiners to pass upon applications for . . . . . . . . . . . . . . . . . . . . . . . 504
members, officers and compensation of board. . . . . . . . . . . . . . . . . . . . . . . . . . . . 504
penalties for violations of provisions respecting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50;
proceedings to enforce. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 505, 506
remission of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 505
injunction to restrain work in violation of requirements of law . . . . . . . . . . . . . 506, 1089
notices of violations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 507
punishment of non-compliance with notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 508
Unsafe buildings,
how secured or removed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 509–512
Buvey of . . . . . . . . . . . . . . • * * * * * * * a s s s = e = e s e s s a e e s e s e s e s , s = * * * * * * * * * * * * * * * * * * 51()
report of survey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • a e s a e s ∈ e º 'º a s s & 510
proceedings on report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 511.
expenses of executing precept on report, etc., how paid. . . . . . . . . . . . . . . . . . . . . 158, 5||
parties may themselves perform requirements of precept . . . . . . . . . . . . . . . . . . . . . 512
expenses a lien on premises. . . . . . . . . . . . • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 513
lien how enforced. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 513
proceedings against, to be conducted by attorney to fire department .......... 515
to be reported monthly to board of fire underwriters. . . . . . . . . . . . . . . . . . . . . . . . . 517
INDEX. 11.
Section.
BUILDINGS–Continued.
May be entered by officers acting under provisions as to construction of buildings
and unsafe buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 516.
Public buildings,
aisles of, not to be obstructed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 502
halls, doors, stairways, etc., constructed so as to afford ample egress. . . . . . . . . . 502. .
Fire-alarms, in what buildings placed........................................... 499
Hoistways, protection of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 487
Fire-escapes, on what buildings placed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 499
Fire-proof shutters and doors, on what buildings placed . . . . . . . . . . . . . . . . . . . . . . . . . . 487
Excavations, protection of walls adjoining . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 474.
Copy of permit for erection of, furnished commissioners of taxes . . . . . . . . . . . . . . . . 737
Destruction of, to prevent spread of fire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 448, 450
damages therefor... . . . . . . . . . . . . . . . . . . . . * * * g e s e e s sº e º e e s sº e s e º 'º e < e < e s a e º is a e s e 450.
May be examined by fire authorities for combustible materials . . . . . . . . . . . . . . . . . . . 463
BUILDINGS, BUREAU OF INSPECTION OF: g
General duties of...... e is se s e º e º e g º e < * * * e º e º e º e º e º ºs s sº e s e < e s is dº e s e e s s a e e s = e º ºs º ºs º ºs º º 427
Principal officer of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * is a e s e s tº e < * * * * * 427
Officers and employees of, removal of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 441
qualifications of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 514
Officers in, abolishment of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 441
Officers of, to perform duties prescribed by fire commissioners. . . . . . . . . . . . . . . . . . . . 516.
to have right to enter buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 516
BUILDINGS, INSPECTOR OF:
Principal office of bureau in Fire Department. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 427
Duties of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 427
Power of, in respect to construction, alteration and repairs of buildings. . . . . . . . . . 504
Member of board of examiners in respect to deviations from building laws. . . . . . . . 504
Name of, to be affixed to notices of violations of building laws. . . . . . . . . . . . . . . . . . . 507
To take proceedings in case of non-compliance with notice. . . . . . . . . . . . * * * * * * * * * * 508.
To act in surveys of unsafe buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 510
T}UILDINGS FOR FIRE DEPARTMENT:
Construction of . . . . . . . • * * * * * * e e º sº e < • * * * * * * * s e s is e s e a e s s a s - e s is e < * * * * * * * * * * * * * * * * 343.
Location of, on public property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 343, 699
BUILDINGS, STABLES, VESSELS, etc., right of firemen to enter. . . . . . . . . . . . . . . . 463, 516.
BULKHEAD AND PIER, LINES : -
Alterations of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 730.
Not built beyond. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 731, 732
Kept clear. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 775, 777
And see PIERS.
BUOYS, vessels not to be moored to... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 756.
EUREATUS :
Consolidation and change of duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
consent of board of estimate and apportionment required. . . . . . . . . . . . . . . . . 48.
Heads of, removal of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • e g is 48
BUREAU OF ABREARS :
See ARREARS.
BUREAUS in department of charities and correction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 387
A1706. See CHARITIES AND CORRECTION, DEPARTMENT OF.
BUREAUS in finance department.......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12:
A mal Sec. FINANCE DEPARTMENT.
BUREAUS in department of public works ...'....................................... 317
And see PUBLIC WORKS, I) EPARTMENT OF.
BUREAUS in fire department......................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42?
And see FIRE DEPARTMENT.
BUREAUS in department of health............ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 534
Aºd See IIEALTH, DEPARTMENT OF.
BUREAUS in law department................... tº e º s & tº º ................... * e g º is a e ºs 216
A?vd. See LAW DEPARTMENT.
BURGLARY, persons found with implements for................... e e s e º ºs e º us a s e º 'º ºf a º 1445.
BURIAL, ordered by board of health.............. * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * . 568
BURNING CHIMNEYS and flues, penalty on owners of.... . . . . . . . . . . . . . . . .......... 451.
BURNING FLUID, storage of...................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 457
BUSINESS detrimental to public health, how discontinued.......................... 540, 544
BUTCHERS, carrying on business without license to be prohibited . . . . . . . . . . . . . . 86 (sub. 29)
BUYING STOLEN PROPERTY, punishment for........ . . . tº e < * * * * * * * * * * * * * * * e º 'º e º is 1453.
12 INDEX.
Section.
‘CALENDARS OF COURTS :
Publication of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1091
Place of passed causes upon. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1082–1083
Expenses of publishing, provided for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194, 1094
"CAMPHENE, Storage of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 457
CANAL POATS :
Harbor master's fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 806
Slips for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 805, 786
Wharfage on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 800
Portion of harbor set apart for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 789, 792
Additional harbor accommodation for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 804, 805
Clearance of, not granted until certain fees paid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 806
CANAL TOLLS, COLLECTOR OF, when not to grant clearances.......... w º e º & © tº ſº 806
CANVASS, to be published.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67, 68, 1929
And see ELECTIONS.
*CANVASSERS, COUNTY, president of, to mark returns. . . . . . . . . . . . . . . . . . . . . . . . 1900, 1901
And see ELECTIONS.
CAPTAIN OF PORT:
Set apart slips for canal boats........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 804-805
Duty to exhibit law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 809
Duty of, as to canal boats . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 789-792
Penalty for refusing to obey. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 792
Keep piers, wharves and bulkheads clear. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 775, 776
Duties as to loading and unloading vessels. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 775, 776
To license ballast lighters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 765
Fees for licenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 766
Powers of, not affected by dock department. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 723
‘CARRIAGES, WAGONS, etc.:
To take right side of the road. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - e g º e º e s tº 1933
Penalty . . . . . . . . . . . . . . . . . . . . . . * * * * * * * e s - a. s. s = < e < e < e s we w a s is e º e s e e s s 4 e s is e e a s tº a º ºs º º 1933
CARTMEN, powers of police over.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * g g g º ºs º º 283
CARTRIDGES, manufacture and storage of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 456
CASES, passed on calendar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1082–1083
CASTLE GARDEN, lease of, to be renewed from year to year. . . . . . . . . . . . . . .......... 182
CATH ARINE STREET FERRY, regulation of... . . . . . . . . . . . . . . . . . . . . . . . . .......... 1963
CATHOLIC PROTECTORY:
Annual appropriation to... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
Exempt from takes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 824
CATTLE :
Driving through streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 613, 1449
Triving on sidewalks, how punished. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1449
CENTRAL PARK, annual appropriation for observatory, museums, etc. in... . . . . . . . . 195
Antl see PARKs, DEPARTMENT or'.
CERTIFICATE of appointment to office........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
NCERTIORARI:
Discharge of criminals from Society for Reformation of Juvenile Delinquents
under, limited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .: 1601
To review decision of tax commissioners. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 821, 1118
CESSIONS OF JURISDICTION to United States. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1633
CHAMBER OF COMMERCE, arbitration in
See ARBITRATION, COUR T OF.
To pay expenses of court of arbitration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1782–1784
vCHAMBERLAIN :
Chief officer of bureau for reception and payment of moneys of corporation. . . . . . 125
Appointment of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
Not removable by head of department. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Term of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
Powers and duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
Warrants to be drawn on... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
Compensation of, as chamberlain and county treasurer. . . . . . . . . . . . . . . . . . . . . . . . 165
Fees to which entitled . . . . . . . . . . .‘. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
Interest, fees, commissions, etc., received by, how disposed of . . . . . . . . . . . . . . . . . . 165
May appoint deputy chamberlain and clerks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
Salaries of Subordinates and expenses of office, how paid. . . . . . . . . . . . . . . . . . . . . . . . 165
Contents of weekly report of, to mayor and comptroller. . . . . . . . . . . . . . . . . . . . . . . . . 165
Books kept by, what to show.................. - * * * * * * * * * * * * ... • * * * * * * * * * * * * * * * * * * 163
Bond to be given by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 13
action on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
Report of, to common council, what to contain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
INDEX. 13
Section.
CHAMBERLAIN–Continued.
Accounts of, when closed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
to be examined by commissioners of accounts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
Commissioner of the sinking fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
Member of board to select deposit banks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
Notice to state comptroller of amount of taxes paid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
Fees to be paid over to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Proceeds of sales deposited with . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
To make certain payments to commissioners of emigration....................... 169
To receive money paid into court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 1085
Provisions of Code as to county treasurers applicable to . . . . . . . . . . . . . . . . . . . . . . . . . . 167
Bonds and mortgage to be taken to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1085
To receive state school moneys.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1054
Receiver of taxes to make return and pay taxes to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 849.
CHARITABLE INSTITUTIONS:
Annual appropriations for support of poor in............ . . . . . . . . . . . . . . . . . . . . . . . . 195
Appropriations of excise moneys to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1289
Commitment of children to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1594, 1632
CHARITIES AND CORRECTION, PUBLIC, DEPARTMENT OF:
Head of, to consist of a board of three persons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
General powers and duties of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 385
Property vested in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 386
Rules and by-laws for management of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 407
Commissioners of,
number and term of office of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
salaries of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
transfer of children to... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1616
may transfer children to Shepherd's Fold. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 417
discharge of vagrants by... . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * is tº dº e º 'º e º 'º º ºs º ºs e e s e 1564
Bureau of charities,
duties of... . . . . . . . . . . . . . . . . . . . . . . . . to e º e º e º e º ºs e º s & tº º & e º a º º tº º e s = < e < * * * * * * * . 387
Bureau of correction, -
duties of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . º e - e. e. e. e. 385
Institutions under charge of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 387
exceptions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 385
rules and by-laws for management of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 407
buildings belonging to, may be enlarged or altered. . . . . . . . . . . . . . . . . . . . . . . . . . 408
new, may be erected. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 408
chief officer of, to make requisitions for articles used...... . . . . . . . . . . . . . . . . . 403
to keep account of same. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403
weekly reports of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 404
Costs awarded in bastardy cases to be paid by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
City prison,
persons committed to, for disorderly conduct, when discharged......... . . . . . 398
persons committed to, when transferred from . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39S
Convicts,
employment of, by contract. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 399
punishment of, for refusing to work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 399
to be kept separate from paupers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402
Hart's Island,
control of commissioners of charities over. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 389
purposes for which the same may be used................................... 3S9
industrial school on, maintenance of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 388
children committed to its care. . . . . . . . . . . . . • * * * * * * * * * * * * * > * * * * * * * * * * * * * * 38S
Industrial school—Hart's Island,
maintenance of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3SS
children committed to its care. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3S8
Inebriate asylum,
buildings for, erection and furnishing of.......... . . . . . . . . . . . . . . . .......... 391
physicians and officers for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº n - tº e º e a s e º e º & e º e º 'º ºn a 391
expenses for constructing and maintaining. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 392
fines for intoxication, etc., to be paid to . . . . . . . . . . . . . . . . . . . . . . . . s e e º 'º 4 e º e º 'º º 392
rules and regulations for government of... . . . . . . . * * * * * * * * * * * * * * * * * g o e º º e º e º e 393
medical treatment for inmates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 393
moral and sanitary discipline of inmates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 393
transfer of persons in work-house or alms-house to . . . . . . . . . . . . . . . . . . . . . . . . . . 395
inebriates, by whom committed to, and terms... . . . . . . . . . . . . . . . . . . . . . © e º e s tº º 1098
proceedings before commitment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1099
when to be temporarily committed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11(\1
estate of liable for support of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 394
when discharged by court ..... & e º 'º tº e º 'º e º 'º e º 'º ºn tº e º 'º e º 'º e º 'º e s sº º e º e º ºs e e º 'º gº º º 1102
application for discharge of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1101
when discharged by commissioners....... ... e º e º e º e º 'º - e. e. e. e. e. e. tº as e º e º e º 'º e - e. e. e. 397
Paupers, -
employment of, under contract. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 399
unishment of, for refusing to work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 399
ours of labor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400
account with, for labor performed. . . . . . . . . . . . . . . . . . . . ë e > * * * * * * * * * * * * * * tº e º º º 401
settlement with, on expiration of sentence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401
14 INDEX.
Section,
CIHARITIES AND CORRECTION, PUBLIC DEPARTMLNT OF-Continued.
Paupers,
to be kept separate from criminals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402
may be expelled. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . # * * * * g e s tº e º 'º e º e 399
transfer of certain, to work-house . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 405
Reception hospital,
south of Canal street, established for the sick and wounded. . . . . . . . . . . . . . . . . . 390
Statistics of the poor,
acts relating to, made applicable to department of charities, etc. . . . . . . . . . . . . . 419
bonds given in abandonment cases, to be approved by . . . . . . . . tº e º & e º sº tº ſº tº £ tº gº tº º 423
Vagrants, -
persons committed by magistrates as, how disposed of... . . . . . . . . . . . . . . . . . . . . 412
when cured of sickness, how disposed of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41:
committed as inebriates may be detained at labor. . . . . . . . . . . . . . . . . . . . . . . . . . . . 413
persons asking for commitment, how disposed of... . . . . . . . . . . . . . . . . . . . . . . . . 412
not to be discharged before expiration of term, without consent of magistrate. 414
Commissioners of lunatic asylum,
discharge from, to be on certificate of physician.... . . . . . . . . . . . . . . . . . . . . . . . . 415
Work-house,
persons detained in, and employed in.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 398
persons transferred and committed to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 398
jersons confined in, how employed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 399
ours of labor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400
persons committed to, for disorderly conduct, when discharged. . . . . . . . . . . . . . . 398
certain paupers transferred to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 405
accounts of, und credits for labor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401
paupers and criminals to be separated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402
Bellevue hospital,
admission of non-residents to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 416
may transfer insane persons to state lunatic asylums.......... ſº tº tº e º e º s s e º e º 'º º 396
Shepherd's I'old,
transfer of children to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 417
Blind persons, poor adults, relief of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 418
1&eports of board of, to secretary of state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 419
Persons from other states, proof of settlement of.... . . . . . . . . . . . . . . . . . . . . . . . . . . . 420
Bastardy bonds to be prosecuted by.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 422
Supplies, requisitions for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403
Reports as to inmates of institutions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 404
Alms-house employment of inmates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 405
Nurseries, employment for children in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 406
Potter's field, -
to be laid out, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * > * > * g g g g º ºs e º a ſº e s ºn e º 408
Apprentices, -
minors may be bound out as . . . . . . . . . . sº º is tº * * g e s tº $ in e º sº e º $ tº • * * * * * * * * * * & * * * * * 409, 410
may compel support of poor by their relatives. . . . . . . . . . . . . . . . . . . . . . . . . . . ... 421
Alms-house department, and governors of,
to be taken as meaning what . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 * * * * * g a ſº a 411
Institutions in charge of, who may be committed to... . . . . . . . . . . . . . . . . . . . . . . . . . 412
Water supply to institutions in charge of, on Blackwell's Island, etc...... * * * * * * > * 356
To reeeive,
unclaimed property for use of poor. . . . . . . . . . . . & © tº de C. § tº e º sº º is g g g º e º 'º e tº e s tº º & G g . 292
CIIATTEL MORTGAGES, to be filed with register. . . . . . . . . . . . . . wº ſº ſº dº tº º & is gº º º tº gº tº g tº g º º ſº 1753
CHEMICALS, storage of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 456, 461
CHIEFS OF BURE AUS, appointment and removal of............................. * 48
CHIEF OF DEPARTMENT:
See FIRE DEPARTMENT,
CHIEF ENGINEER OF CROTON AQUEDUCT :
Chief of bureau in department of public works... . . . . . . . . . . . . . ................. . 317
May appoint assistant engineer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . & © g g g º ºs e º e º º ſº 317
Qualifications of, and of assistant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 317
CHIEF ENGINEER OF DOCKS, salary of............. . . . . . . . . . . . . . . . . . . . . . . . . . . . te 52
CHILDREN :
Abandoned by parents, committed to alms-house......... * * * * * g e g º is e e gº tº e º e º e º ºs e is 1463
Admission of, to places of amusement................ e is e º ºs e º º sº e s a s is a tº e º sº e º a s e is . 2009
Ages of those entitled to attend schools. . . . . . . . . . . . . ............... ............. 1051
Bound out by commissioners of charities and correction...................... 409, 1463
Commitmert of, to incorporated institutions........................ tº ſº e º e º 'º . 1594–1632
Commitment of, to industrial School. . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * e s s a e s m e º e º & 388
In nurseries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 406
Of prostitutes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1458, 1463
Commitment of, to Society for Reformation of Juvenile Delinquents ... ....... 1594–1601
to American Female Guardian Society.............................. ... . .1602–1607
to New York Juvenile Asylum................... tº & e º ºs º º e º e º gº is is c tº e g tº º º ... 1608–1616
to Home for Christian Care . . . . . . . . . . . . ........... • * * * * * * * * a e º e s a e s a e º e º e º & 1617
to New York Catholic Protectory................................. ....... 1618–1624
to Hebrew Benevolent Society.................. * * * * * * * * * is e º g º e º 'º tº .......... 1625
to Shepherd's Fold............................ * * * * * * * * * * * * * * * * * * s e e s m is º is e & . 1626
to New York Infant Asylum. ...,.......... & © tº ſº e º 'º $ tº e º e º ſº e º e g g º e o sº e º is & C & B 1627–1632
INDEX. 15
Section.
CHILDREN'S AID SOCIETY:
Annual payments to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
Property of, exempt from taxation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 824
To share in excise moneys. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210
Schools of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1063
CHILDREN'S FOLD:
Per capita allowance to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . & e º e º y º a s sº e º e o 'º w w tº $ tº e º 'º 194
CHRISTIAN ASSOCIATION, YOUNG MEN'S :
ASee YOUNG MEN'S CHRISTIAN ASSOCIATION.
CHRISTIAN CARE, IIOME FOR;
ASee LIOME FOR CIIRISTIAN CARE,
CHURCHIES, when exempt from taxation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 827
CINDERS, not to be thrown into harbor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 746
CIRCUITS, two or more to be held....... . . . . . . . . . . . . . . . . . . . . * * * * * * e s is a e º 4 - e º e º ſº in e º is e 1111
CIRCUS, license to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1998, 2000
And see TIILATIXES.
CISTERNS :
When to be built by common council. . . . . . . . • * * * * g g g g º 'º - tº ſº & º & ſº tº º ſº tº e º 'º - © tº E & © tº tº 9 º' . 884
Assessment for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 884.
CITY OF NEW YORK :
Boundaries of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1, 2
Dxecution in actions against. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1106
Property of, sold, to be by auction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Actions for penalties by, in district courts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1290
Actions against, what courts have jurisdiction of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1290
not maintainable till after demand. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1104
district courts, no jurisdiction in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1286
No costs against, on forfeited recognizances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1482
Service of summons and process on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1080, 1105
Certain volumes of laws relating to, evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1107
And se” CORPORATION.
CITY DEBT, cancellation of, held by sinking fund . . . . . . . . . . . . . . . . . © is a e s - e - e º e e s tº 1170, 1267
Consolidation of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
CITY AND COUNTY OF NEW YORK :
Boundaries of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . © 1
Collection, etc., of accounts of, to be regulated by ordinance. . . . . . . . . . . . . . . . . . . . cº 86
Common council, trustees of property of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
CITY HALL :
What is. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1073
Office of clerk of common pleas to be in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1170
CITY THAT L PARK :
Land formerly in jurisdiction of the United States over................. * ... e º tº & e º º 1633
CITY JUDGE :
I'lection of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º 'º dº e º e s a e º a s e e º e s e º e s e s e e s e 1521
Powers of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1521
Has jurisdiction in summary proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1521
Salary of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1521
Term of office. . . . . . . . . . . . . . . . . . . . . e e s a e s tº e º e º e º e º e s tº º - * * * * * * * * * * * * * * * * * * * * * * * * * 1521
Vacancy how filled. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1521
City to furnish office for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1522
May hold general sessions ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * 1521
No compensation beyond salary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1521
CITY LIBRARY ASSOCIATION, exempt from taxes .............................. S24
CITY PRISON :
Designation of... . . . . . . . . . . . . ... e. e. e. e. e. e º e º ºs e e º sº tº e C tº a tº e º e º - * * * * * * * * * * * * * * * * * * e º e e s e 90
Transfers from, to workhouse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * e º e º sº e 39S
CITY RECORD :
Publication of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66, 68
who shall contract for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e - © e º a tº tº e g º º 68
Supervisor of, and assistants, appointment of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
salaries of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº g c e > 66
Powers and duties of supervisor . . . . . . . . . . . . • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * g e º a º 67
to arrange names of registered voters by districts. . . . . . . . . . . . . . . . . . . . • e º º & º º 67
to print same in “City Record ". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Expenses of, except salaries, covered by contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Contract for, to be made as other contracts . . . . . . . . . . . . . . . • * v- © tº e ºs * * * * * * * * * * * * * > * 66
Number of copies to be turnished................................... * * * * * * * e º e º a 66
distribution of... . . . . . . . . . . . . . . . . . . . . . • * * * * * tº e e º e º 'º e © tº e º ſº tº e e s a tº tº * * * * * tº e s ∈ e e 66
sale of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . © e º 'º e º 'º e e s tº e e e e © 66
Bound copy of, to be deposited in register's office by comptroller............. - - - - - 66
Unauthorized advertising not to be paid for...................... to dº e º e º ſº º e e º e g º º 66
Registries of assembly districts to be printed as supplement to ....... • * > e e º e º e a s * 67
Price of supplement...... . . . . . . . . . . . . . . . . . . . . . . .................. . . . . . . . . . . . . . . 67
16 INDEX.
Section
CITY RECORD–Continued.
Official matters to be inserted in,
advertisements and notices required to be published . . . . . © tº º e º & © e º e º & tº dº e º & © & º 66
list of subordinates, salaries, etc. . . . . * * * * * * * * * * * * * * * * * * * g º ºs º is a s º e s e º sº º e º ºr a e º 68
hours, etc., during which public offices open for business..................... 68
detailed canvass of votes at elections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67, 68.
official matters and reports ordered by mayor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
changes in subordinates, and salarios of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51, 68
brief extract of proceedings, etc., of common.council ....................... e 80
messages of the mayor, to be printed in full. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
reports of departments and officers to be printed in full . . . . . . . . . . . . . . . . . . . . . 40, 80
ordinances, when reduced to a code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * 98
quarterly account of expenses and receipts of mayor's office.................. 105
causes for appointment and removal of a deputy comptroller............ . . . . . 124
monthly report of corporation attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216
monthly report of public administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216.
names, etc., of applicants for appointment in police department.............. 268
lost property in hands of property clerk.................................... . 291
Sanitary code ....... * * * * * * e º e º & " e º e º 'º - e ºs e º e º 'º it tº e a e º 'º - w tº tº e º e º 'º º e º e º 'º e < * * * * * 575
notice of contracts, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64.
proposed action of board of street openings, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 955
quarterly report of commissioners of accounts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
annual financial statement of comptroller . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
provisional and final estimates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190
schedule of employees not in any department. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203
appointments and removals from office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
salaries, etc., of clerks in mayor's office.................................. .... 106
weekly abstracts from each department. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
confirmation of assessments ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 916
CIVIL JUSTICES :
See DISTRICT COURTS.
CLAIMS AGAINST THE CORPORATION :
To be presented to comptroller before suit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1104
Persons presenting may be sworn and examined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
Effect of settlement of, by comptroller. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123.
Settlement and adjustment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
CLAM BOATS, wharfage on.................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 799, .
CLERGYMEN :
To keep registers of marriages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . e - e º e s e º ºs e e º ºs e º e º ºs e º 'º 602
penalty for omission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 605
CTIERK OF ALDERMEN :
Appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . º 71
Clerk of common council. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • 76
To be clerk of board, acting as board of supervisors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
Duties of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76–80
To appoint deputies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
duties and salaries of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
To countersign bonds issued to pay for relaying pavements................... 147
And see ALDERMEN, BOARD OF.
CLERK OF ABREARS :
See ARREARS and SALES.
CLERKS OF MAYOR. .................................... .................... ... 106
CLERK OF COURT, from which action is removed, duty of..... * tº e º Aº ‘e ſº tº dº ſº tº ſe e & a e º 'º º & 1138
CLERK OF COURT OF ARBITRATION :
See ARBITRATION, COURT OF.
CLERK OF COURT, not to be referee, receiver or commissioner............. . e e e º e º 'º 1079
CLERK OF COMMON PLEAS, salary of, and of deputies and assistants....... ..... 1171
And see COMMON PLEAS, COURT OF
CLERKS OF MARINE COURT, salaries of . . . . . . . . . . . . . . . . . . e - e. e. e. e. e. tº a º ºs º º ........ 1275
And see MARINE COURT.
CLERKS OF DISTRICT COURTS : -
ASee DISTRICT COURTS,
CLERKS OF DEPARTMENTS, appointment and removal of.................. e e a • * * 48.
Duties of, to be fixed by head of department. . . . . . . . . . & e º O & e s a tº e º sº e s e º ſº e s e º is º º ... 48
Salaries of, to be fixed by head of department ........... e tº º e º a º & m e º s s is e º ºs e is a e º 'º' . 48
CLERKS OF SUPREME COURT, what authorized......... © e º 'º - e. e. e. g. g º º is e e º & e e s e s tº 1112
CLERK OF SUPERIOR COURT : *
Security from . . . . . . . . . . . . . . . . . . . . . . . . . . tº º º e º ſº e º is is a tº ſº tº * * * * * * * * * * * * g e e a s e º e º e º 'º º 1175
Appointment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº a e o e º 'º e º e s e s e e º e e º e º e º º º 1146
Deputies and assistants of... . . . . . . . . . . . . . . . © e > * * * * * * * * * & E → E - G º gº tº e º tº e º gº e e º sº º & 1147, 1148
A rid see SUPERIOR COURT.
CLERK OF OYER AND TERMINER and General Sessions to reside in city ....... 1518
CLERIC OF GENERAL SESSIONS:
See SESSIONS, GIENIERAL.
INDEX. 17
Sectionu.
CLEIRK OF SPECIAL SESSIONS:
See SESSIONS, SPECIAL.
CLINTON HALL ASSOCIATION, exempt from taxation............ . . . . . . . . . . . . . . . 824
CLOSING STRIEETS, etc. : * **
See STREETS ETC., CLOSING OF.
COASTING VESSELS, oxemption from pilotage......... . . . . . . . . . . . . . . . . . . . . . . • * * * * * 2119
COLES’ BRIDGE, obstructions at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1963
COLLECTOR OF CITY REVENUE, and Superintendent of Markets, chief officer of
bureau . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12:5
COT,LECTOR OF ASSESSMENTS, and Clerk of Arrears, chief officer of bureau. .... 125
COLLECTION OF 'I'AXES, Bureau of . . . . . . . . . . . . . . . . . . . . . . . . . . tº e o e º e s e º 'º - e º º º e a tº e 125
A?val see TAXES.
COLLEGE OF CITY OF NEW YORK :
Trustees to oertify sum needed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1059
May grant diplomas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1060
Dducation in, to be free. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1060
Trustees to make annual report. . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1061
contents of report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1061
COLLODION, manufacture and storage of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 456
COLUMBIA COLLEGE, exempt from taxation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 824
COMBUSTIBLES, BUREAU OF:
See FIRE DEPARTMENT.
COMBUSTIBLE AND EXPLOSIVE MATERIALS :
See FIRE DEPARTMENT.
COMMISSIONS in district courts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1368
COMMISSIONERS, receivers, etc., clerks, deputies, etc., not to be appointed as, with-
* out consent of parties. . . . . . . . . . . . . . . . . • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ... 1079
COMMISSIONERS OF ACCOUNTS :
Appointment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
Salaries of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .52, 110
Powers and duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
Reports of, published . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
To examine chamberlain's accounts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
To examine accounts, vouchers, and warrants. . . . . . . . * * * * * * * * * * * g e º s e = e tº e a º ºs e º 'º - e. 110
Report of, to mayor and common council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
what to contain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
COMMISSIONEES OF DEEDS :
Number of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
Terms of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
COMMISSIONERS OF EMIGRATION:
See EMIGRATION, COMMISIONERS OF.
COMMISSIONERS OF ESTIMATE AND ASSESSMENT:
See STREETs, ETC., OPENING OF.
COMMISSIONERS :
For acquiring title to lands for water supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 368, 373
compensation of 379
examination of diſferent claims by . . . . . . . . . . . . . . © tº e º 'º e º 'º - w is e s a s e º a s e s - e. e. e. e. e. 378, 382
COMMISSIONERS OF EXCISE :
See ExCISE, BOARD OF.
COMMISSIONER OF JURORS :
See JUIRORS, COMMISSIONER OF.
COMMISSIONERS OF LAND OFFICE :
To convey land under water to city 720
Empowered to grant state lands for uses of water supply......................... 375
COMMISSIONERS FOR LICENSING Sailors' Hotels and Boarding-houses:
See SAILORS,
C()MMISSIONERS OF PILOTS :
See PILOTS.
COMMISSIONER OF PUBLIC WORKS:
See PUBLIC WORKS, DEPARTMENT OF.
COMMISSIONERS OF SINIKING FUND :
See SINKING FUND,
COMMISSIONERS OF TAXES AND ASSESSMENTS :
See TAXES AND ASSESSMENTS.
COMMITMENT OF CHILDREN. . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * * g e e 1594, 1632
And see CHILDREN.
COMMITMENT FOR WAGRANCY, by police justices............. . . . . . . . . . . . . . . . . * 1563
COMMON COUNCIL :
O
reſ
See ALDERMEN, BOARD OF.
18 INDEX.
Section.
COMMON PLEAS, COURT OF:
A court of record. . . . . . . . . . . . . . . . . . . . . . . . . tº s is a tº e g tº e º e º s a s w e º s & sº tº e º p e e º 'º - e º a . . . . 1123
Records and dockets of, how copied........... tº se e s tº a s a tº º ºs e º 'º º e º e º e o & s tº e º 'º e s . . . . . 1145
Existing jurisdiction continued. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . P & - e º e g . 1162
May correct or discharge judgments on forfeited recognizances ....... tº º e - © tº . . . . . . 1163
Number of judges of. . . . . . . . . . * * e s e º e º e s e º e º e º e e s a e º 'º e º 'º ºf a s s e º e º is e e º e tº s e a < * * * e . 1123
Chief judge, to be appointed............ º e º e º e º º ºs • * * * * * * * * * * * s tº º is e º e º 'º e * * * * * * * * * 1123
Deputy clerks and assistants. . . . . . . . . . . . . . . . . . . . tº e g is º º Aº º ºſ º ºr * * > * * * * * * * * * * * * . . . . . . 1171
Appoint crier. . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 e s tº e s e e s e e s e º e º is tº e s e e o e º e s & e º 'º e º e is e s s 1151
Power of, as to money paid into court. . . . . . . . . . . . . . . . . . . . . ..... tº e s c s e s = e º 'º a . . . . . 1161
Has jurisdiction of actions against the city. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1103
Remove police justices and clerks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1557
rules for proceeding..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * s ∈ e º e º e º e º 'º e . . 1558
hearing on charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1559
Appeal to, from marine court. . . . . . . . . . . . . . . . . . . . . . . . . . . tº dº ſº º º ſº tº º e s e º e º e o 'º e º is . . . . 1269
Appoint attendants for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1153
Vacancies in . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * • * g e s e 1124
Judges of, when to be elected. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1124
Clerk of, to pay over fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1152
salary º • * ºr s s e s a e s - e. e. e. e. e. e. e s e s e e s e s - e s e s e º e s s a s tº e s e º e º 'º a e = < e as • * * * * * * * * * * g e 1171
office of, to be assigned in city hall............. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1170
to report change of names. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1167
Salaries of deputies and assistants of clerk............................ tº p º & © e º e º e 1171
Powers in foreclosure of lien on chattel ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1159
Effect of decision of, in construction of statute. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1160
Jurisdiction of action to discharge debtors ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1164.
Appoint trustees for prisoners.......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1165
Jurisdiction to change names. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1166
Jurisdiction of supplementary proceedings. . . . . . . . . . . . . . . . . . . . e e s g g tº e º e º e º º º .... 1168
When take recognizance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 1168
Proceedings in to assess damages for buildings pulled down by fire department. . . . 450
Surrogate may order jury trial in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . © º 'º - e º ºs 1196, 1198
Transcript of judgment against marshal filed in..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1398
Jurisdiction over judgments on recognizances ........... © tº e º e º e s e tº e º ſº to e º 'º e º 'º 6 e s is 1480
When vacate judgments on recognizances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1483
Enforce payment of tax. . . . . . . . . . . . . . . tº e º e º 'º e o p & e º ºs e º 'º e º 'º a e º as e e s e e e e o 'º - e º 'º we e s e 857
Removal of district court action to.......... tº e º e e s = e e e sº • & © e º e s e s s e º e º e º a s e º ºs e e s 1287
When act as surrogate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * > is e º e º 'º e e 1183, 1184
order to act as . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . © tº a e º 'º & e º ſº e º e º 'º g º gº tº º Aº º is a tº 1184, 1185
revocation or order to act as . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1186, 1188
seal to be used by, in such cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1187
how papers entitled in Buch cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1187
where papers filed in such cases....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... 1187
transfer of cases to surrogate...... . © º e º e e º e º s e e • * * * * * * c e s & # * * * * * * * * * * * * * e s e 1.188
Judge designated to sit in supreme court.... . . . . . . . . . . . . . • * * * g e º e º e º sº e s = e º 'º a s e º sº 1110
powers of such º • e e º s tº e º s e º e º 'º e º 'º e º e s a s tº e º e º a e º sº e º ºs e e º e º e e º 'º e g º e º e º e e s tº 1110
When judge of, may hold general sessions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1525
Judges of, appoint Stenographers. .... tº e º O & e º e º ºs e º º e º 'º e º 'º e º a s is a s s e º sº a e º & © e º º ºs º is , 1149
parties required to pay fees of........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1149
Balary of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1149
fees of......... • * * is e e s s a e e s tº e º 'º e ºs e e s s & © tº a c e s - e º e º 'º e º s e º e s a e º s e = * * c e e s is 1150
appoint crier . . . . . . * * * * * g e º e º e º e - tº e o 'º - G s is s tº t e º e s - e º º & © tº e s e º ºs tº e º 'º - © © e º e º e is e tº 1151
Balary of . . . . . . . . . . . . . . . . . . e e s e e º e s w e s s” • * * * * * * * * * * * * * g e º e s e a to º º tº e º 'º e º 'º º 1151
appoint attendants..... & sº e º e º s is e e © tº º ºſ e º 'º tº gº tº e º 'º & © tº as º e º 'º º e e º s is a s tº $ tº w w e º 'º ... ... 1153
habeas corpus issued by......... tº s e º ſº tº gº e º e º ºs e º º w tº º tº º e º 'º g º is & a gº tº º e º & P & sº e º ºr e º & 1155
bail taken º * * * * * * * * * * * * g e s 5 & 6 º' s tº º tº e º e e º e g º 6 tº e º e º º e º º * ... g. g c e º & 6 s is a c e º ºs 1156, 1157
º::::::::::::::: • e s e e a s e º e º is a e º e º e s - e º e º a tº e º ºs e e º 'º e º 'º e º 'º e ... . . . . . . . . . . . . . 1158
May order papers destroyed ........ * * * * * * e e s = e º a s ºr e º º e º 'º e s e º e s e e & e º a tº e e ........ 1125
Jurisdiction of . . . . . . . . . . . . . . . . . . . . . . . . • * * * g e º e s is © e º e º 'º e º ºs º e º e º e o e - e - © e s s e º s ... 1126
Jurisdiction of actions against several defendants................. sº ºp 9 tº º ºr º e º 'º ºf e ... 1128
Jurisdiction of, presumed............. • e º ºs e e º 'º tº e º G & © tº e º ºr a tº e g º º tº º q tº e º O 9 º' - e. ...... 1129
need not be pleaded.... . . . . . . . . . . . . . . . . . . . . . . . . . . . * & ſº & © tº e º e º e º & e º 'º' ......... 1129
Want of jurisdiction waived, unless pleaded ......... . . . . . . . . . . . . . tº ſº tº e º 'º & © tº º . . . . 1129
Extent of jurisdiction........... . . . . . . . . . . . tº º ſº a º e º e º e º 'º e º tº e & .................. 1130
Enforce mandates as in Supreme court. . . . . . . . . . . . . . . . . . . . . . . . . . . . .............. 1130
Power of justices. . . . . . . . . . . . . . . e e º e s - e. • * * * * * * g e s is a e - e º e º e º ºs & .................. 119°
Removal of actions from, to supreme court,
order of removal, and effect of.............. e is a tº e º º ......................... 11”
when and where made ....... • e º 'º º is s p is ge ............................... 11°
appeal from........................................................... 14%
Jurisdiction of corporations. . . . . . . . . . . . . . . . . . . . . . . . e & º e º ſº tº e º is .................. 11”
Removal of actions to, from Supreme court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1137
duty of clerk on . . . . . . . . . . . . . . . . . . . º º e º 'º e s e º ſº º e s - .......................... 11”
effect of... . . . . . . . . . . . • e º e º s = e a s e º dº e º 'º' to e & e s e º 'º º e - - - © tº tº e ∈ G e º is ............... 11°
When county judge may make orders in actions in............................... 1149
Send mandate throughout state ................................................ 114
, Judge of, fix terms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . º e º e º ſº e º ºr e º 'º e º e º e G s sº e s e º ſº e º a ſº º 1143
General term held by two judges. . . . . . . . . . . . . . . ................................ *
Special or trial term held by one judge..... .................................... *
When affirmance had .......................................................... 11*
&
INDEX. 19
Section.
COMMON PLEAS, COURT OF-Continued.
When reargument had. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1143
When books, records, etc., of, may be copied. . . . . . . . . . . & e s a º º e s a s e º e - e º e s - a c e s sº as 1144
expense of such copying. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1145
Clerks and deputies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1146
Powers of deputies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1146, 1148
who shall execute warrant of...... tº e º or e º º e s e º is tº º ºr e º sº e º 'º e < * * * * * * * * * is a tº s e º 'º e 1494
COMPLAINT in District Courts, service of.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1301
COMPTROILLER :
Head of finance department. . . . . . . . . . . . . . . . * * * * * * * * * * * * * * * * * * * * * * * * e s - a s e º e º e º s 35
Term of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * * * * 35
Term of office of successor of present. . . . . . . . . . . . . . . . . . & © tº a 4 c e º ºr a dº e º is tº * * * * * * * * g e 106
Salary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Accounts of Bales to be filed with.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
To return deposits of unsuccessful bidders for contracts . . . . . . . . . . . . . . . . . . . . . . . . 65
To bind and certify “City Record,” to be used in evidence . . . . . . . . . . . . . . . . . . . . . . 66
To bring together officers authorized to receive taxes, etc. . . . . . . . . . . . . . . . . . . . . . . . 48
City officers to report amount of fees, etc., to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
His general duties and powers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
To draw warrants on chamberlain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
False swearing before, perjury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
May appoint deputy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 124
May designate deputy to perform duties of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
To supervise auditing of accounts ..... • * * * tº º e s tº º ºs & tº º e s - e º 'º - e. e. e. e º a e e º º dº º e s sº 125 (sub. 4)
To publish annual statement . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * g e e º 0 & © tº e s = e > * c s e s e . 126
How may apply money accruing on sales for taxes, etc. . . . . . . . . . . . . . . . . . . . . . . . . 127
To sell indices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
To regulate exchange and transfer of stock and bonds.................. . . . . . . . . 132, 135
Duty of, as to bonds of annexed district. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
When may issue “city improvement stock’’. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
To issue “additional Croton water stock”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 141
To issue bonds for rights of way, etc., for drains. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
To issue “dock bonds”. . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * ~ * • * * * * * * * * * * * * * * * e a e s e e 143
To issue bonds for removal of Fifth avenue reservoir. . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
To issue bonds for opening certain streets north of One Hundred and Fifty-fifth
street. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 º' tº c e º e ºs e º 145
To issue bonds for improvement of Hunt's Point district. . . . . . . . . . . . . . . . . . . . . . . . . 152
To submit estimates of taxes and receipts.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212
To certify final estimate to board of aldermen .................................. 214
May execute undertakings in legal proceedings. . . . . . . . . . . . . . . . . . . . . . . . .......... 248
To invite proposals for bonds. ............... . . . . . . . . . . . . . . . ................... . 144
To sign bonds for relaying pavements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
To inform commissioners of sinking fund as to leases for corporation . . . . . . . . . . . . 181
To pay expenses on account of unsafe buildings............... a s gº e º º ºs e o º e º 'º e e g is 157, 158
to issue bonds to raise money therefor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157, 158
To pay expenses of removing Fifth avenue reservoir . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
Payments to, by police department. ............... & e º e º ºs e º is e s sº e e º e s a s is e º e s e º e g e 262
Member of board for contracting for lighting streets............................. 69
board of street openings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * - a o 0 e º e is 955
board of commissioners of sinking fund.......................... . . . . . . . 170
board of estimate and apportionment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190
board to select deposit banks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
board of revision of assessments................ © º º º dº ſº º ºs tº º e º e g º º º tº e º 'º e º & 767
To issue bonds for Brooklyn bridge....................... tº e º 'º º is tº e e º 'º e º ºr e º ºs e - e. e. e 151
To issue revenue bonds for state taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Q & Q e º ºs 153
To issue revenue bonds for expense of preventing spread of contagious diseases ... 160
To issue bonds for claims and judgments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
When to issue consolidated stock for improvements .................... tº e º ºs e e º e e 149
To borrow sums necessary for appropriations............ • & e º e º & & e º 'º & e º e º ºr e º 'º e º e e 154
To issue bonds for proceedings to remove police commissioner..........'.......... 155
To issue bonds for corrected assessments................... tº e º e º 'º e º e º 'º e © Q & Q & e º ſº. . 156
To pay expenses of correcting assessments . . . . . . . . . tº e º 'º e º 'º e º 'º e º º g º e e s tº gº tº e - e. e. e. e. e. e. 156
To publish notice of confirmation of assessment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 916, 997
To create stock for streets, etc., in twenty-third and twenty-fourth wards........ 140
To pay costs awarded on appeal and bastardy cases..... • * * * * * * * @ e s e e e s a e s e e s e s a . 162
*To apportion taxes. . . . . . . . . . . . . . . . * e º 'º - e º e º e < e < e < e < * * * * * * * * * * * * > e º e º e º 'º e º e g s e . 847
To prepare estimate for tax levy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 829
To apportion tax on redemption........ • * * * * * * * g e º e º º e º e º e º s is e º e º e º e º 'º • * * * * * * * . 942
To certify service of notice to redeem. . . . . . . . . . . . . . . . . * * > * * * * * * * * * g e º 'º e º e º e e º 'º e º 946
May suspend or postpone sales . . . . . . . . . . . . . . . . . . . . . . . . . º º º it tº º te e º ſº º a º 'º º • e º 'º e e º º . 928
Give lease of lands sold, though certificate lost.............................. ... . 950
Declare office of receiver of taxes vacant . . . . . . . . . . . . . & e º e o 'º º is e e º e e º e º 'º e º e º º e ... . 836
To adjust accounts of receiver and deputy ....... tº e º a e - - - e. • e º e º e º e º º e º e º 'º - e. . . . . . 837
To verify returns of receiver of taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . º tº * * > t e e . 850
Duty to suspend receiver of taxes or deputy............ * * * * : * * * * is e e º 'º e º e º s a e e º e is 851
Appoint temporary receiver of taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 851, 852
To certify to assessors' expenses incurred . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * s e tº 868
Assessments for Spuyten Duyvil improvement paid to. . . . . . . . . . . . . . . . . . . . . . . . . . . 890
to advertise notice to pay...... . . . . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * e e . . . . . 890
20 INT)FX.
Section.
COMPTROLLER—Continued.
to issue warrant to collect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 890
to pay awards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 892
to repay surplus. . . . . . . . . . . . . . . . . . . . . . ... e. a s a v s g º e s e s e º sº e s - e º sº e º e s a s e = * * * * * * * 892
Record of confirmed assessments kept in office of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 885
Summons may be served on . . . . . . . . . . . . . . . . . * * * * s = e s e º e < * * * * * * * * * * * * * * * * * * * * * * 1080
When pay for copying records in county clerk's office. . . . . . . . . . . . . . . . . . . . . . . . . . . 1733
Clerk of marine court account to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1226
Certain moneys deposited to joint credit of, and public administrator. . . . . . . . . . . . 240
drawn upon joint check of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24()
register of, kept by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • e s e s is s s e e º 'º e º e s tº º 240
COMPTROLLER OF STATE, certificate of valuations transmitted to. . . . . . . . . . . . . . . . 832
Payments for state tax reported to, by chamberlain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
To draw warrants for state tax on chamberlain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
CONSOLIDATION OF CITY AND COUNTY :
See CORPORATION.
CONSOLIDATION :
Of city debt. . . . . . . . . . . . . . r e º e º e a e s a s e s a c e s e s e s tº s s a e s e = e s - e s e = e º a s e s s a s a s - ? • * * * 132
Of hureaus. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
CONSOLIDATED STOCK :
Of the city,
what is, and how designated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
certain stock or bonds may he exchanged for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
faith of corporation pledged for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
form of, how signed and sealed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
denominations and when redeemable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134–136
coupon convertible into registered ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
registered, how transferable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
when to be issued for improvement.8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
issued by direction of commissioners of sinking fund. . . . . . . . . . . . . . . . . . . . . . . . 185
Of the county,
coupon convertible into registered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
registered, how transferable. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13:
CONSTRUCTION OF RAILROADS, in streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1943–1946
CONSTRUCTION, ALTERATION AND REPAIR OF BUILDINGS:
/See BUILDINGS.
CONTEMPT PROCEEDINGS to collect taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 857, 858
CONSUMPTIVES, HOUSE OF REST FOR, exempt from taxation. . . . . . . . . . . . . . . . 824
CONTESTANT FOR OFFICE, when expenses of, paid... . . . . . . . . . . . . . . . . . . . . . . . . . . . 211
CONTRACTS :
Not binding without comptroller's certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
What certificate to contain. . . . . . • * * * * * * * * * * * * * * * * * * * * * * * * * * * * s p → • e s º ºs t e º 'º e º sº e º & 123
Not to apply to expenditures below one thousand dollars. . . . . . . . . . . . . . . . . . . . . . . . . 123
Made by heads of departments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
When cost of any work amounts to one thousand dollars, to be done by . . . . . . . . . . . 64
Notice of, published in “City Record ”... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Terms of, to be settled by corporation counsel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
To be founded on Bealed bids........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
To be relet after five days' neglect to execute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Bids and proposals to be publicly opened. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
comptroller to be present. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Award to lowest bidder. . . . . . . . . . . . tº e e º & © tº e º 'º e s a e º a s ºr sº e º & º e s a e º is ſº ſe e º e g º ºs e º a s a ſº a 64
To be executed in duplicate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Filed in finance department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e s a a º 64
Security required for faithful performance of... . . . . . . . . . . tº e º 'º 6 º' g g g º º ºs e º 'º - - - - ºr º e & 64
sufficiency of, to be approved by comptroller. . . . . . . . . . . . . . . . ................ 64
Payments on, indorsed thereon. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
When declared forfeited and void. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5%)
Relet when lowest bidder refuses to accept. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
when contractor fails to give proper security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
when work is abandoned by contractor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Ordinances concerning, to be pashed by common council......................... 64
Debtors or defaulters to corporation not to be awarded...... . . . . . . . . . . . . . . . . . . . . c 64
Officers of corporation not to be interested in......... • . . . . . . . . . . . . . . . . . . . . . . . . . . 59
When declared forfeited by comptroller...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Work and supplies to be done and furnished by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 64
exceptions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
To be founded on 8ealed bids, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Deposits to accompany bids. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Returned to unsuccessful bidders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
For printing “City Record ". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .66, 68
For all printing and 8tationery.......... * * * * * * * * * * * * * * * s a e s a e s e º e s e s a e s a s a s a s ... 68
proposals for, requirements of..... . . . . . . . . . . . . . . . . . . tº e º e s a g º e º s s e s e e º & & © & 5 º' 68
certain amount to be withheld......... • * * * * * e e º e º a o e º a s • e º e s a s is e e s a s a s tº s & © . 68
For building pier8, etc..... 40 e º is is as tº e s e e º e º 'º e º 'º e º e , º 'º e º & © tº tº e º e º ºs º is is © e º ſº e º s is º dº º ... 714
Contracts for street cleaning, Sureties to be approved............ tº e s e a º e s a º º a tº g º º 131
Contracts for Btreet cleaning to be approved º, board of estimate............ tº º 209
INT) EX. 21
g Section.
CONVEYANCES may be deposited with register...... . . . . . . . . . . . . . . . tº e º ºs e e 3 * * * * g e s tº 1
And 866 REGISTER,
CON VICTS :
See CIIARITIES AND CORRECTION, DEPARTMENT of
COOPER INSTITUTE, exemption from taxation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 824
COPIES OF RECORDS, papers, etc., to be furnished by heads of departments. . . . . . . . 50
CORONER$ :
Number of . . . . . . . . ... º e s e s a s a e s e º e s is , 4 & 6 s is a se e º sº º is is a s m is is e s sº º is s sº º sº e s is a sº e s = • , s = e s e 1766
I'lection of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1766
May Bubpoena physicians. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1773
call a jury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . gº º & e º e s is ſº & & & © e is e & & © a s e º ºr ºf 9 s & # e. 1774
Sudden deaths to be reported to... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1775
May permit body to be moved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1776
Constitution of jury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1774
Clerk of coroners. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1768
When employ experts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1771
To file abstract of testimony . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1777
To keep records of names of deceased persons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1778
Police justices may perform duty of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1779
Compensation of expert. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194, 1772
Salaries of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1767
Contingent expenses of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1767
Appoint physicians. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1769
Salary of physicians. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201, 1770
Names of deceased persons to be reported by, to public administrator. . . . . . . . . . . . 246
penalty for failing to report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246
Certificate of inquest, what to contain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 604
Inquest, notice of, given health board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 568
Power of health board over . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 568
CORPORATION :
Corporate name and powers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
County and city a body corporate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
known as the mayor, aldermen aud commonalty. . . . . . . . . . . . . . . . . . . . . . . . . . . 26
rights, property, etc., vested in. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
claims and demands vested in. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
local administration and government of city and county performed by . . . 27
funds held by county treasurer to be funds of . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Charges and liabilities of county to be corporation charges. . . . . . . . . . . . . . . . . . . . . . . 27
Election or appointment of county officers not to be affected by consolidation . . . . . 27
County not affected for certain purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Compensation to, when lands, etc., of, taken for street openings . . . . . . . . . . . . . . . . 980
To pay for benefits to land, etc., in street openings. . . . . . . . . . . . . . . . . . . . . . . . . . ... 980
Papers of, in addition to “City Record,” number of and how selected . . . . . . . . . . . . 66
What to be inserted in . . . . . . . . . . . . . . . . . . . . . * * * * * is e s we e s & sº tº e º 'º e º sº e < * * * * * * * * * * * * * * 66
Responsible for moneys collected by public administrator. . . . . . . . . . . . . . . . . . . . . . . . 244
for stock transferred by, etc., and all moneys paid by, into treasury. . . . . . . . . . 244
for faithful execution of duties of his office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244
Payments by, how made. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
Faith of, pledged for consolidated city stock. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
#. from diminishing revenues of sinking funds. . . . . . . . . . . . . . . . . . . . . . . . . . 179
May borrow money for deficiencies of assessments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
Issues of stock to pay assessments upon..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
May issue bonds to pay for paving streets and building sewers, cte. . . . . . . . . . . . . . 144
Leases of real estate for use of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
Undertakings, etc., by, in legal proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248
CORPORATIONS:
When resident. ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1127
Service upon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1127
(JORPORATION AT"I'ORNEY :
Chief officer of bureau in law department. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216
Duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216
All actions by, to be in name of mayor, aldermen and commonalty. . . . . . . . . . . . . . . . 216
Salary of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Report of, to be published. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
When to collect jury penalties . . . . . . . . . . . . . . . . . . . . . . * * * * * * e s e º is e. e. e s & © tº e < * * * * * * * 1692
A rval Sec LAW I) EPA RTMENT.
CORPORATION COUNSEL:
Head of the law department. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Term of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Salary of...... . . . . . . . . . . . g e s a e s e º a • s s a s a e s a s a s a e < * * * * * * * * * * * * * * * * * * * * * * * * * * * * 52
Term of office of successor of present. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
General powers and duties. . . . . . . . . . . . . . - e s w e e s a e º e s s a s s e º a e s e a e s s = * * * * * * * * * * * * 215
Settle terms of contracts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
May assume control of suits on proceedings relative to personal taxes and employ
counsel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 864.
Papers to commence action may be served on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1105
Summons may be served on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1080
22 INDEX.
e Section.
CORPORATION COUNSEL–Continued.
May assign counsel to officers of corporation in summary examination. . . . . Q - * * * * * 214
Member of board of revision and correction of assessments. . . . . . . . . . . . . . e - e º e g c tº 867
board of printing and stationery. . . . . . . . . . . . . . . . . . . . * e a c e s e s s a s s e e º e º e a e s a tº 68
board to supervise “City †.". . . . . . . * * * * * * * * * * * * * * * * * * * is e e tº e º e º e º 'º e º is tº e 66
To assign attorneys to departments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
To appoint attorney for collection of personal taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
To advise as to bonds to be given by corporation in legal proceedings. . . . . . . . . . . . . 248
To act in acquiring wharf property. . . . . . . . * * * * is a tº e s a o º © º e º e G º ºg p * * * * * * * * * * * * g e & 715
To take necessary steps to open One Hundred and Twenty-sixth and One IIundred
and Twenty-seventh streets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • & e i t . e. e. e º 'º a • e : ... 960
To take steps to open Lexington avenue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 961
to open Manhattan street . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , e. e. e. e. e. e. e. e. e s a . 962
Duty of, in acquiring lands for Harlem river improvement. . . . . . . . . . . . . . . . . . . . . . . 677
Present, to represent city before assessment commission. . . . . . . . . . . . . . . . . . . . . . .. . 909
Reports of, to comptroller, what to contain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216
And see LAW TEPARTMENT.
COSTS :
In suits on bastardy and abandoment bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1422
In district courts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1416–1425
In marine court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1276–1278
Security for, in marine court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1235
In assault and battery, when complainant to pay. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1566
None against city on forfeited recognizances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1484
None on habeas corpus. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1489
On recognizance for good behavior or to keep peace . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1473
COTTON :
Damaged, etc., when reported. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 548
penalty for omission. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 548
Storage of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 462
COUNSEL :
When assigned to officers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
A8signed to departments..... * * * * * * * * * * > e s e e s e e s e s s e e s a e < e < e < e e s e s e º 'º - e º sº * * * * * 215
COUNSEL TO THE CORPORATION :
See CORPORATION COUNSEL.
COUNTEBCLAIM in marine court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1243
COUNTY OF NEW YORK :
Boundaries of... . . . . . . . . . . . tº e e º ºs e º e s º e º e º 'º e º e º e º sº e s e e < e < e s e º e s a s t e º s e º e = w is a e s in 1
Charges against and obligations of............ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Funds of, to be held for corporation..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Azud sce CORPORATION.
COUNTY DEBT:
See CONSOLIDATED STOCK.
COUNTY CLERK :
When chosen. . . . . . . . . . . . . . . . . . . . . tº sº e º e º 'º e º & tº a s a s s = e o e º e º s a w s a e 9 s s e a e s e 4 e º 'º is tº º 1719
Security by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1736
Act till Buccessor qualifies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1720
Vacancy in office of... . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 172
Reside in city. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1721
Fees for searches. . . . . . . . . . . . . . . . . * e e º a s e s a e s s a s e s s e e s = e a s a e s e s s s a s = e º e o a º a sº e = 1723
Salary of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1722
Aldermen may increase or diminish salary ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1722
Appoint assistants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1727
Salaries of deputy and assistant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1727
How assistants appointed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1727
Liable for acts of assistants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1727
Keep account of fees . . . . . . . . . . . . He e º e º e º 'º - e s a e s a s & e s e e º e º 'º e º sº e e º 4 g g s e e - e < * * * * * 1728
Account open to public. . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1728
To report and pay over fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1726, 1729, 1731
Assistants to certify before payment of salary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1730
Assistants to give security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1736
Appoint Bearchers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1724
Must make searches. . . . . . . . . . . . . . . . . . . . . . & e o a s • e s e s = e s e = * * * * * * * * * * * * * * * * * * * * * * 1725
Keep and file account of fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1728
Assign clerk to care of records............................. 4 * * * * * s e º a o e a e e º e º 'º 1735
Time within which searches to be made. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1725
Liability for errorfi in Bearches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1725
Fees for filing transcript. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1725
To repairing and copying certain records. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173:
Assistant deputy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1732
Number and Balaries of deputies and clerks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1732
To docket forfeited recognizances as judgments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1480
Not to record conveyances, mortgages, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1734
To docket district court judgments on transcripts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1394
To furnish transcripts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 1397
Transcripts of Batisfaction filed with . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1407
To keep lien docket. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1811
Fees of, on filing lien. . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1811
INDEX. 23
Section.
COUNTY CLERK–Continued.
To give notice of drawing of jurors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1673
To give Bheriff minutes of drawing................. . . . . . ... • * * * * * * * * * * * * * * * * * * * * 1679
To keep election returns, unopened. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1900
Duty of, on receiving notice of state school moneys... . . . . . . . . . . . . * s is © e º e s tº e º 'º e º & 1054
COUNTY CANVASSERS:
ASee ELECTION8.
COUNTY TREASURER, funds held by officer as . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
And see CHAMBERLAIN.
COUNTY JUDGE, when may make order in actions in superior city court. . . . . . . . . . . . . 1140
COUNTY OFFICERS, election of, etc., not effected by consolidation................. 27
COURTS :
Time and place of holding to be pºlished in “City Record ”...... e is e e s e s e e s e s e e 68
Rlaces for holding, how procured............... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1073
When places for holding to be appointed by mayor... . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
publication of proclamation #. • e º s s a º e s is e º e º 'º - e. e. e. e º s - w is is se e s sº * * * * * * * * * * . 118
Places of holding changed by mayor... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1074
Disposition of money paid into.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1085
To take judicial notice of seal, signature, etc., of board of health. . . . . . . . . . . . . . . . . 621
Volunues of law affecting city, to be read in evidence in. . . . . . . . . . . . . . . . . . • * * * * * * * 1107
COURT ATTENDANTS, how appointed............. tº e s ∈ e a e e s e º 'º e o e º e e s is e , º e s - © 1114, 1153
COURT CALENT) ARS :
Publication of...... . . . . . . . . . s tº e º e e º e - e. e. e. e. e. e. g. t e º a e º 'º s º º e & e - © tº º e s e º e º e s = e º 'º - © tº it tº 1093
expenses of, provided for............................... . . . . . . . . . . . . . . . . . . 194, 1094
COURTS OF RECORD, what are............................ . . . . . . . . . . . . . . . . . . . 1123, 1207
COURT HOUSE, COUNTY, completion of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 344
COURT OF APRBITRATION :
See ARBITRATION, COURT OF.
CRIER, .
Of Supreme court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1116
Balary of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1116
Of Buperior court and common pleas. . . . . . . . . . . . . . . . . . . . . . . . . . ... e. g. v e s e º e e < * * * * * * * 1149
CRIMINAL PROCESS, by whom served. .................. . . . . . . . . . . . . . . . . . . . . . . . . . . 281
CRIMINAL STATISTICS, to be prepared.............. . . . . . . . . . . . . . . . . . . . . . . 99, 1592, 1718
CROTON LAKE AND WATERS:
Preservation and care of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 357
No offensive matter to be thrown or deposited in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 362
And see PUBLIC WORKS, TEPARTMENT OF.
CROTON WATER, bureau relating thereto, in department of public works........... 317
And see PUBLIC WORKS, DEPARTMENT OF.
CROTON WATER STOCK, additional.............. • * * * * * * * * * e º e a e s e s e e s º º º e º 'º e º 'º & 141
CUSTOM HOUSE, exempt from taxes................................. tº e º e º e s tº e º 'º e º e 826
|D.
DAlI.Y REGISTER, authorized................ tº e º e e º e s a 4 e º a s e º e º 'º . ~ * * * * * * * * * * * v e º 'º 4 1093
DAMAGES :
To persons and property by fire, when civil action for...... . . . . . . . . . . . . . . . . . . . . . . 453
For altering grades. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1963
And see STREETs, etc., openING OF.
1) EAD :
Permit for removal of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 569
Removal of... . . . . . . . . . . . . . . . . . . © 2 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 568, 569
from cemeteries.... . . . . . . . . . • * * * * * * tº e º s º a s e e º a tº e < * * * * * * * * * * * * * * * * * * * * * * * * 569
Burial of, when ordered by health board.... . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * * * * * > 568
DEAD ANIMAILS, etc. :
Removal of, by board of health...... • * e º e º e a e º º º e e s a e e a e e a e e s - a a e s e e s a s = e º e o e s s 566
Contract for removal of.......................... • e º s e e º e s a e e s - e s is e a s e e < e < e < * * * 567
DEAD BODIES, not to be disturbed without coroner's order.... . . . . . . . . . . . . . . . . . . . . . 1776
DEATHS :
Report of, by relatives or friends................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 604
by physicians. . . . . . . . . . . . . . . . . . . . . . . • tº e tº $ tº a º e º us tº * * * * * * * is a e & e º & # * * * * * * * * * * * * 604
Record of, by board of health.................................................. 606
Record of, by register of records................. & e e a e e º e º a e s e º e s a º e º a tº e s a s e º 'º º 534
Report of physicians as to cause of............................................. 608
Strangers, death of, to be reported to public administrator. . . . . . . . . . . . . . . . . . . . . . . 246
24
INDEX.
Section.
DEBT OF CITY, payment and cancellation of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172, 177
DECREE, sales of real estate under. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1088
DEEDS :
Number and terms of commissioners of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.
Indices of, kept by register..... * g e º ſº º is tº º e º ºs e º e º s e e s s a 6 s is a tº e º ºs e º is e º ſº e s a s as a e s & s 1752
DENOMINATION AL SCIHOOLS:
No appropriation to, from tax moneys. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Sales and leases of property to........... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
DEPARTMENT, FINANCE:
ASee FINANCE I) EPARTM ENT.
DEPARTMENT, FIRE;
ASee FIRE DFPARTMENT.
DEPARTMENT, LAW :
See LAW TEPARTMENT.
DEPARTMENT, POLICE:
See POLICE DEPARTMENT.
DEPARTMENT, HEALTH:
See HEALTII, DEPARTMENT OF.
DEPARTMENT OF PUBLIC WORKS:
See PUBLIC works, DEPARTMENT OF.
DEPARTMENT OF PUBLIC CHARITIES AND CORRECTION :
See CIIARITIES AND CORRECTION, PUBLIC, DEPARTMENT OF.
DEPARTMENT OF PUBLIC PARKS:
See PARKs, PUBLIC, DEPARTMENT OF.
DEPARTMENT OF STREET CLEANING:
See STREET CLEANING, DEPARTMENT OF.
DEPARTMENT OF TAXES ANTD ASSESSMENTS :
See TAXIS AND AssBSSMENTs, DEPARTMENT OF.
DEPARTMENT OF DOCKS.
See IOCKS, DEPARTMENT OF.
DEPARTMENTS :
Common council may pass ordinances for better organization, etc., of . . . . . . . . . . . . 85.
Records of transactions to be kept. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
abstract thereof published weekly. . . . . . . . . . . . . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - 51
Teports of, to be published in “City Record ”... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49, 176
Expenditures for work or supplies not to be made unless authorized and appropriated 46
Certified copies of books, papers, etc., when to be furnished by . . . . . . . . . . . . . . . . . . 50
olice department excepted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sº tº 50
Books and papers of, when open for inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
No expense incurred by, unless an appropriation for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Transfer of appropriations for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204
Legal papers for, prepared by corporation counsel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
Attorney or counsel, not to be employed by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
may be assigned by corporation counsel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
Titles of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Subordinate officers in, how appointed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
number, Balaries and duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
removal of, to be for cause . . . . . . . . . . . . . . * * * * * * g e g º e s is e s s º is e < * * * * * * * * * * * * * * * 48
Bureaus in, may be consolidated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
President of, entitled to seat in board of aldermen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Quarterly reports of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Majority of board in any, to be a quorum. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Boards in, to choose officers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
DEPARTMENTS, HEADS OF :
How appointed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
Salaries of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Terms of office, and when to commence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
Removal of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
Subordinates, may appoint and remove. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
may define duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
may fix Balaries of, subject to revision of board of estimate, etc. . . . . . . . . . . . . . 48
Not to iucur expenses in cxcess of appropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
To prepare departmental estimates. . . . . . . . . . . . . . . . * * * * g e e s = e º is tº a s a tº e s ∈ a º is sº e s tº º P 189
what to contain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189
May make contracts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
To open bids and proposals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
To sell property at auction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
deposit proceeds with chamberlain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
file account of sale with comptroller . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
May consolidate bureaus. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
To furnish copies of records, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
To contract for work and supplies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
To furnish matter to be inserted in “City Record ” . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
INDEX. 25
Section.
DEPARTMENTS, HEADS OF-Continued.
What called and how composed in,
finance department... . . . . . . . . . . . . . & e º ſº e g º 'º a s s e s = * * * * * * * * * * * * * * * * * * * * * * * * * 35
law department. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
police department.... . . . . . . . . . . . . . . . * * * * * * * * * * * * * *s ºf s is s s = e º & g º e s at w is tº * * * * * * * 37
department of public works......... © e º e a s is s e e s e e s is tº s is © tº s is is is º is g º e º 'º a s a º ºs & tº 38
department of public charities and correction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
fire department. . . . . . . . . . . . . . . . . . es e º e e s s ∈ º e º e º 'º & © e < * * * * * * * * * * * * * * * * * * * * * * * 40
health department. . . . . . . . . . . . . . . . * e g º e g is º is a e g º is tº e º e º ºs e s tº it is e e s a 4 s is g º a s º is a s tº 41
department of public parks.............. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
department of taxes and asseshments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
department of docks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
- department of street cleaning.......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
DEPOSIT of city funds, banks for........... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
DEPOSITIONS:
Justices of district courts may take ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1391
Of emigrants, when and how taken. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2057, 2063, 2065
DEPUTY CLERK not to be referee, receiver or commissioner. . . . . . . . . . . . . . . . . . . . . . . . 964
DEPUTY COMMISSIONER, OF PUBLIC WORKS... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 315
• And Sée PUBLIC WORKS.
DEPUTY COMPTBOLLER, . -
His appointment.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
His duties and powers...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
When to exercise powers of comptroller. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
Time limited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
And see COMPTROLLEIR.
DEPUTY RECEIVER OF TAXES :
To enter payments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 850
To #if: statements to comptroller. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 850, 851
DIRT in streets ......... e e g º º e º ºs e º s º e º 'º e º e º e s is a e º ºs e e s e e º e s e e º e º e º s e e s e e s e e s is s tº * * * * * 1936
DIRT CARTS, ordinances in relation to, may be enacted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
DISCOVERY of property withheld, petition for.......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1202
DISEASES :
Infectious and contagious to be reported . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 608
communication with those sick of... . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * s is is & s is e º º 555
Prevention of spread of....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57.1
Information as to, in state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 572
JDISORDERLY CONDUCT :
at is. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1458
Fast driving is. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1448
Discharge of those committed for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 398
DISORDERLY PERSONS:
O 879. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1458
one who suffers a vicious dog to be at large. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1458
prostitutes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1458
one using language to provoke breach of peace. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1458
those who abandon wives or children. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Y 459
those who abandon families or threaten to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1455
may be ordered to pay for support of family. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1456
Arrest of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1459
How discharged. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1457, 1460
Bond of, to leave the state. . . . . . . . . . . . . . . . . . . . . . . . * . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
May be committed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1462
DISPOSSESS PROCEEDINGS :
Åce SUMMARY PROCEEDINGS (tnd DISTRICT COURTS.
DISTRICT OF ASSESSMENT:
On opening streets, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ()70
On opening Squares and places. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 973
DISTRICT AITORNEY :
Salary of . . . . . . . . s e e º s e º e º e s e º sº e º is a º e s tº sº e s ∈ e º a s g º e s is a e e s s = e s e s s a e = * * * * * * * * * * * 1503
Assistants to, number of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1503
salaries of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1503
Information to, of suspected arson.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J.65
Take testimony de bene. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1467, 1468
To aid clerk of oyer and terminer and sessions in collecting fees.................. 50:
Notice of application to remit fine to be given to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1492
To file forfeited recognizances. . . . . . . . . . . . . . . . . . . . . . . e = * * * * * * * e s = e º e º & e s tº e º & e º e ſº I480
To move forfeiture of recognizances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1472
Certificate of, to vacate judgments on forfeited recognizances. . . . . . . . . . . . . . . . . . . . 1483
When notice of application for bail to be given to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1488
To consent to employment of expert by coroner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1771
To prosecute violations of election law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1922
26 INDEX.
Section.
DISTRICT COURTS:
Places for holding, to be assigned by common council. . . . . . . . . . . . . . . . . . . . . . . . . . & 92
Districts, how constituted......... tº ſº e º ºs º e g º º '• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1279, 1280
Jurisdiction of . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * g e º e s º e e s is a tº sº e º ºs e º 'º e º e s is a tº $ e º ſº e º 1285
Only have jurisdiction specially conferrod. . . . . . . . . . . . . . . * a tº dº ſº ſº a g º º e g º is tº e º ſº e º º . 1284
Of what, have not jurisdiction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1286
Removal to common pleas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 1287
Retain former jurisdiction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128S
When justice transfers action to another justice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1292
Where actions to be brought. . . . . . . . . . . tº e e º e º 'º e º e s tº e º ºs e º sº e º sº e º is a tº sº s e º 'º e º 'º e º sº 1289, 1290
What justice may hold court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1292
Clerk may adjourn. . . . . . . . . . . . tº e º & e e º 'º e g is a e º e g º sº e g º e < e < * * * * * e º e º a we º 'º e º sº e s is sº e s = e 1292
Where and when court held. . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * * * * * * * * * * * * * * * . 1291
Seals..... gº tº e º 'º e º ſº e º & e i s e s e e s e e s a e º e e s tº e e s a s e a e º e s e s ſº e s e e º e s e t e º e s tº e º e º 'º e º e s > * * 1293
Parties appear in person, or by agents or attorneys. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1294
líave jurisdiction of suits on marshal's bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1702
Process from, by whom served. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1709
Judge issue warrant of arrest and search warrant under game laws. . . . . . . . . . . . . . . 1306
Salary of interpreters of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1546
When marshal not appear in. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1294
IHow actions in, commenced..... e e º s e º e a º a s e e º e º º e s is e º e g º e < * * * * * * * * * * * * * * * * * * * * 1296
Voluntary appearance in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1296
How and when guardian in, appointed......... & gº º ſº tº ſº e º e is dº ſº e º & • e º s is is e º e º e < e e g º sº tº 1294
Summons, form of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1297
When short summons in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1299
Who may serve summons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1300
Proof of service. . . . . . . . . . . . . . . . . . . . . . . . o e e s e e s tº e o e s e e s e = < e < e < e < * * * * * * * * * * * ..... 1301
Appearance, time for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº it tº e e º º 1298, 1299
Service of summons, how made... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1300
Complaint, when served with summons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1346
Complaint, when verified. . . . . . . . . . . . G e º ºs e º e e º e is e º ºs e s tº e º e º e º ºs e s & & e s a e º 'º e is a s a ſº e º 'º 1346
Arrest, when . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 1304
Proceedings after arrest. . . . . . . . . . . . . tº e º e s e º e º ºs e º ºs e º e º is is e º º ºs e º e º e º 'º e º 'º e º ºs º º is a gº tº . 1306
Marshal to notify plaintiff of arrest......... * * * * @ e º e º s e e s ∈ e º e s e º is e º 'º ºf s is a se e = * * * * 131
Arrest, duty of marshal on . . . . . . . . . . . . . . . . . . . . . . tº e º & ſº tº us e º tº e 1308, 1309, 1311, 1814, 1315
Time of detention limited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1815
Attachments in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1816
What necessary to obtain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1317, 1318
Proof on arrest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1305
Undertaking on arrest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº us e º e ºs 1805
Process not served outside city. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * g º e = * * * * * * * * 1303
When action in, deemed commenced.............. ........ . . . . . . . . . . . . . . . . . . . . . . 1303
When plaintiff to give security............. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1299
When pleading takes place. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1346
Adjournments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1362–1365
Inspection may be ordered. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... 1361
If plaintiff does not appear, action dismissed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1366
Commissions to take testimony. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1368
Testimony de bene. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1369
Subpoenas in. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1370
served in adjoining county. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1870
Witnesses, attachment of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 1370
Jurors, list of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1371
Jurors reside in district...... . . . . . . . . . . . & e < * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * . 1371
Trial by jury. . . . . . . . . . . & e º a tº e º ſº gº tº e º & tº e g º & to sº e s e º e º s e º ºs e e s a s a a e º a ſº e s is ſº a e º is º ºs e º º 1372
Jury of twelve. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e is as º is a º º 1873
Summoning jury. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1372, 1373
Fines of jurors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1371
Talesmen..... . . . . . . . . . . . . As e e e s a e º e s e e s e º e s e s e e s e º s e s s a e e s s a e e º e º ºs s g g º 'º e s tº . . . . 1375
Drawing jurors. . . . . . . . . . . . . . . . . . . . gº ºn tº e º sº e º º tº dº e º e º s e < e º e s is a e e º is tº e º sº tº e º is e º º 1872, 1876
Jurors' fees, paid on demand of jury. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1377
Challenge of jurors..... tº e º e º sº º º, e e s e e s e e s e º e º 'º e s s e s e s s a e < e < e < e s s tº e s s a we e s is e s a e s • * 1379
Verdict of jury........ e e s e º 'º e º e s is a e º e º e s e e s tº e º s e s s a s e e s a e º e s a 4 & e s w e º e º ºs e s e º 'º º 1380
Judgment on verdict. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...... 1380
Transfer of causes. . . . . . . . . . . . . . . . . . . . . tº e º e º is e e s s a e º e º e s it tº e º e º sº e s ∈ e º ºs º e º º . . . . . 1360
Mode of swearing jury. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1381
Attachment served by marshal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1802
What process served by marshal..... tº 9 ſº e e º ſº tº ... e. e. e s e e º e s • * * * * * * * * * * * * * * * * * * * * * * * 1302
Alias summons. . . . . . . . . . . . . . . . . . . . . . . . . . . . e a e a e s e e s = e s e e s = e º a e º 'º a e e s - e º a s = * * * , 1303
Trial continued from day to day..... e = * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1387
Mode of trial..................... tº tº e º tº e e º 'º * * * a s s a s e º e s w s & e s e a s e = < e s a e s e º s e º * 1381
When judgment of dismissal... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... a e g º e s e e s tº e º 'º 1382
Right to discontinue. . . . . . . . . . . . . . . . . . . • e º e º e e s e s s a • a s e s s e e e s e º e s - e s e e º s º e º 'º º ' " 1382
When judgment for plaintiff by default...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1383
Time for decision limited..... • e a e s a s e e s e e º e e s = • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1384
Excess of recovery beyond jurisdiction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1385
If defendant liable to arrest to be so stated in docket...... . . . . . . , º e º e s p ∈ is $ tº gº ... , 1386
Execution, how issued............... e e e s e º e º e e s = e s e = e s e s e e s e s e e s e e s s e s • * * * * * * * 1399
form of . . . . . . . . . . . . . . . . . . . . . . . . * c e g º ºs e s a s a s e e s e º e s is • s e s e a v e s e s a e s a e s e º 'º " * 1400
1401
against the person........ tº º e º 'º e º ſº * e º 'º e º e s a e s p * tº e e s e º 'º e e is e e s e º a • * * * * g e º 'º w " "
INDEX. 27
Section.
DISTRICT COURTS-Continued.
Execution, renewal of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1402, 1403
limit of arrest on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1406
time of sale under..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1406
Marshal, liability of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1407
Satisfying judgments docketed with county clerk. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1408
Clerk, duty of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1409
deliver books and papers to successor. . . . . . . ... s is º ºſ s is sº * * * * * * * * * * * * * * * * * * * * * * * . 1412
issue execution on former judgment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1413
certify copies of papers....... * * e º ºs º e s is s e s s is e s e & tº a e g º ºs e e e s e º sº e º e º e s e º e s is e º 'º e 1414
docket to be kept by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1409
form and contents of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1409
IDocket entries as evidence... . . . . . . . gº º e g º e º ſº º e º e º ºs e º ºs e º s sº * * * * * * * * * * * * * * * * * * * * * * . 1410
Index to docket. . . . . . . . . . . . . . . . . • & e e º e e s s e s e e s tº e s e < * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1411
City furnish rooms, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1436
Costs, fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1416–1418, 1423
Costs after answer of title. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1421
in actions on bastardy bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1422
Marshal's fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1419
Extra costs. . . . . tº e s tº e º e º e º ºs e º º is a e º e º 'º e º 'º e s a e º ºs e e s e º is e º a s º e s tº * * * * * * s & e º ºs e º is g g g g & 1420
Clerks, how appointed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1427
appoint deputy's Salary. . . . . . . . . . . . . . . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1427
duty of . . . . . . . . . . . . . . . . . . . . . . , a s e s a e º e e s a s = e s e º s e s a tº e s e e º s is e º 'º e s = e º e º e s e s & 1428
term of. . . . . . . . . . . . . . . . . . . . . e is e e s e e s e s e º e a s e e s - e s = • * * * * * * * * * * * * * * * * * * * * * 1427
office hours of... . . . . . . . . . . . . . . . . - * * * * * * * * * * * * * * * e º e º e s a e º e is e s tº s e a we s e º ºs e º ºs 1428
to account monthly.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14:29
to give bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1430
may administer oaths. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1431
Appeals from, to common pleas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1438
Justices administer oaths and acknowledgments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1391
may take depositions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1391
not exercise power of police justices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1389
powers of, in special proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13SS
Transcript of proceedings certified #. 7 justice, evidence. . . . . . . . . . . . . . . . . . . . . . 1387, 1440
Witnesses, attendance of, compelled in special proceedings. . . . . . . . . . . . . . . . . . . . . . 1388
Subpoenas to be signed by justice in special proceedings. . . . . . . . . . . . . . . . . . . . . . . . . 1388
Special proceedings continued before another justice. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1387
No abatement by death, removal or vacancy. . . . . . “s e e º ºs e i s e s e º e º e s s e s e e s e s tº e e º e s s a 1390
Costs in §. for female employee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1424
No jurisdiction of actions for seamen's wages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12S6
No jurisdiction of actions against city. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1286
Jurisdiction of actions in bastardy and abandonment bonds. . . . . . . . . . . . . . . . . . . . 1285
Allowances in actions on bastardy and abandonment bonds. . . . . . . . . . . . . . . . . . . . . . 1422
Rules of Supreme court apply to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1426
Summons, by whom served. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1857
Defaults may be opened. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1367
City’s actions for penalties, where brought. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1990
Jurors, panel of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1371
Jurors, fines upon. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1371
Jury may consist of twelve. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1371
Salaries of justices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1283
Clerks and assistants to receive mo fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1428
Interpreters to be appointed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • e º e º e º 'º e º e º sº e s e º # 1433
salary of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1433
Stenographer's fees for transcripts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1439
Judgment on defendant's bond on attachment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1324
Action where attachment vacated...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1325
Return on attachment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1326
application to vacate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1327
effect of vacating. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182S
Proceedings on attachment where no personal service. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1329
Warrant to seize chattel in foreclosure of lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1330
Judgment on foreclosure of lien on chattel...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1330
Replevin in. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1331
proceedings on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1332, 1345
requisition to marshal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1333
duty of marshal on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1334
service of summons in... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1334
return of marshalin. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1335
exception to plaintiff's sureties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1336
demand by defendant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1337
qualifications of sureties in... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1338
when chattel delivered to plaintiff. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1339
penalty on marshal for wrong delivery. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1340
what provisions of Code apply to... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1341, 1343
claim of third party in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1341
answer in. . . . . e s tº e s tº e º 'º e º e º 'º e e s a e º e º e s a s a e e s tº e º e º e s e s s e º & s e s • * * * * * * * * * * * * * 1342
º where no personal service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1344
hearing where personal service had. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1345
when complaint served with summons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1846
28 INDEX.
Section.
DISTRICT COURTS–Continued.
Pleadings in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1347
What provisions of Code apply to pleadings and proceedings in . . . . . . . . . . . . . . . . . 1347
Pleadings in actions on bastardy and abandonment bonds.... . . . . . . . . . . . . . . . . . . . . 1348
when new summons in . . . . . . . . . . . . . . . . tº ºn tº e º tº sº e º º a e is e º e º e º 'º e º ſº e º ſº e º is tº º e º º ... 1348
Answer of title. . . . . . . . . . . . . . . . . . . . . . . . . & tº e º º e e º ºſ e s e º e tº g º a s e e e s - e s tº a • * * * * * * g is º º 1349
Froceedings on answer of title ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1350, 1352, 1854, 1356
Proceedings where trial shows title involved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1353
New action after discontinuance because title involved. . . . . . . . . . . . . . . . . . . . . . . 1351, 1855
Summary proceedings to recover real property in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1857
precept in, served by marshal......... tº a s = e º a º e g º e * * * * * * * * * * * * * * * * * * * * * * * * * . 1357
petition in . . . . . . . . . . . . . . . . . . . . . . . . . . . tº v e s e e º 'º e s • * * * * * * * * * * * * * * * * * * * * * * * * * * * 1358
preceptin, where returnable. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1358
place of trial.......... tº e s e º 'º e º e º e s e s e º e s e e º e = e s a e s e a 4 e = * * * * e s e s a s is a e s e s e e 1358
answer in. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1359
transfer of proceeding. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1360
Adjournment where party under arrest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1363
Conditions imposed on adjournment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1363
Default proved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1367
Clerk to report jurors fined. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... • * * * * * * * * * 1371
Fees on adjournment after jury summoned. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1378
Clerk to give transcripts of judgments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1392
Execution after transcript. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1392
Where judgment a lien on real property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1392
Contents of transcript when defendant liable to arrest. . . . . . . . . . . . . . . . . . . . . . . . . . . 1394.
Transcript of judgment for chatbel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1394
Judgment where action is against several. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1395
against defendants not served. . . . . . . . . . . .* - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1395
transcript of, where some defendants mot served. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1396
action on, where Some defendants not served . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1396
eſfect of docketing with county clerk. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1397
against marshal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1398
Execution in. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1399
Execution against joint debtors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1400
Proceedings where execution directs arrest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140||
Execution may be renewed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1402, 1403
What judgments enforced by arrost. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1405
Time limited for arrest on sale in execution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1406
Liability of marshal with execution.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1407
Transcript of Satisfaction filed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1408
Clerk to º docket. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - * * * * * * * * * * 1409
contents of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1409, 1410
to be indexed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1411
Justices of, appoint attendants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1432
appoint interpreters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1433
appoint stemographers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1434
appoint jamitors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1435
Meaning of terms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1437
Stenographers' fees on appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1439
May issue Bearch warrant for game. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1306
Order of arrest in................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1307
Bail on arrest in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1311–1313
Warrant of attachment in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1318
Duty of marshal on attachment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1320–1323, 1326
Service of attachment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1321
Undertaking to relieve attachment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1322
Claim of third person to property attached. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1323
DISTRICT JUDGES :
Election of... . . . . . . . . . . . . . . . . . . . . . . . . . . . e e s is a e e s e e º 'º e s e º a s e s ∈ e s = e e s is © e º e º e º 'º - 1281
Terms of office. . . . . . . . . . . . . . . . . . . . . . . . . . . tº e s sº º 4 º' tº $ tº a 2." - - - - - - - - - - - - - - - - - - - - - - - - - 1281
Salaries of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1283
Qualifications . . . . . . . . . . . . . . . . . . . . . . * * * * * * * s e < * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1282
Vacancies in. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1281
how filled. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1281
When term to commence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1281
DOCKET LIENS. ................... • s • * * * * e e s e e s e a w w s e º e s s a • * * * * * * * * * * * * * * * * * * * * * * 1813
DOCKS, DEPARTMENT OF :
Head of, of whom to consist. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
}ontrol of all wharf property belonging to city. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 711
Expenses of, how paid............................ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 143
Appropriation for rent, salaries, etc., limited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
Commissioners,
terms of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
general powers and duties of.......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 711
Balary of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
how may resign. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 718
when office may become vacant... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 718
vacancy, how filled. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 718
INDIEX. 29
Section.
DOCKS, DEPARTMENT OF-Continued.
Board of docks,
quorum of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 718
organization of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * g º is tº * * 718
offices for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 718
president of, elected annually. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 718
annual report to mayor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 719
what to contain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 719
Officers, clerks, and agents,
appointment and duties of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 718
Rents, fines, and penaltics,
paid into sinking fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 717
I)ock bonds of the City of New York,
objects of . . . . . . . . . . . . . . . . . e e s , s a s a s e º e s e s e < * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 143
amount of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
when redeemable. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
Wharf property,
rules and regulations concerning. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 716
copy of, furnished occupants of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 717
penalties for violating. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 717
how recovered. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 717
meaning of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 724
Wharf property of city,
charge and oontrol of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 711
what included in. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 711
repairing, altering, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 711
regulation and government of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 711
Wharf property for city,
may be acquired by purchase. . . . . . * * * * * * * * * in tº g tº e º gº tº * * g º e º º te e º a º e º e º s º ºs º -- * * * 715
agreement with owners.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 715
commissioners of sinking fund to approve. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 715
may be acquired by process of law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 715
proceedings therein. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 715
Wharfage,
rates of, to be regulated. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 716
for canal boats. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 716
Wharves, piers, and bulkheads,
construction of . . . . . . . . . . . . . . . . . . . . . . e e º e s º º ºs e e s a tº º e º is e º is e º s º is e s tº e º sº tº e º sº is e tº 714.
contract for. . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 714.
what to contain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * g e º º 714
when forfeited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71.4
charge and control of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 711
repairing, altering and cleaning. . . . . . . . . . . . . . . tº e º 'º e > * * * * * * * * * * * * * * * * * * * s e s is tº 711
regulation and government of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 711
built and repaired according to plan of water front. . . . . . . . . . . . . . . . . . . . . . . . . . 712
set apart for certain kinds of commerce. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 716
leases for, and term of . . . . . . . . . . . . . . . . . . . . . . . . tº e s tº e º gº tº º a tº tº e º e º 'º e º a º ºs s & e º 'º e 716
covenant of renewal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 716
conditions of leases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 716
Water front,
plans for, to be made. . . . . . . . . º us e º e s is sº e º e º us tº sº e s e e s tº gº e º 'º º e º e º a º e º 'º e º sº e º e s e º º 712
submitted to commissioners of sinking fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . 712
how and where filod. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 712
docks, slips, etc., to be built in accordance with . . . . . . . . . . . . . . . . . . . . . . . . . 712
Surveys, soundings, etc.,
of water front of annexed district, concurrent resolutions authorizing. . . . . . . . . 713
Lands under water,
conveyances of, by commissioners of land office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 720
to be used for wharves, etc...... tº e º e s ∈ G tº gº e º & © e º & tº ſº tº e º e is e is tº tº e º 'º a g º gº è is tº & © e º & 720
Vessels, rafts, or floats,
may be removed . . . . . . . * * * * * * * * * * * * * * * e º e tº e º e º g º 'º e º a tº e g º º tº e º e º ºs º ºs e º e º sº º is tº & 8 723
Deepening of water to be ordered by. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 721
Slips, enlargement of . . . . . . e e º e º º ºs e º dº e º ºs e e s is e s is e º e º º e º ºs e º e º e º e º sº tº º e º e e o sº º e º & 4 & 8 722
slipage for use thereof. . . . . . . . . . . . . . . . e e º s e º 'º a s is e º a tº e e º e o ºs e º 'º e º º e º us $ tº e º is e º º 723
Markets, erection of, over water. . . . . . . . . . . . . . . . . . . . . . tº tº e º is tº tº e º 'º º 'º e e º º º e º & ...... 726
Other officers not affected by powers of .......... e e º ºs e º º gº e º ºs º e º is tº e º is s e e º 'º e º e º ºs e e 723
Free floating baths, berths for, to be furnished. . . . . . . . . . . . . . . . . . tº e e e º e º e º e º 'º º e s tº 725
See PIERS AND witHARIFAGE.
DOCKS, for street-cleaning purposes. . . . . . . . . . . . * * * * * * * * * * * * • - - - - - - - - - - - - - - - - - - - - - - - . 706
DOCK BONDS, object, amount and when redeemable...... tº gº º º º ſº a e º e º e º & & e º e º e º e .... 143
DOCK, floating, legalized...... • * - - - - - - - - - - - - - - - - - tº e º 'º e º & © e º 'º º te e º tº e º sº tº ſº º e º e º e s ∈ tº e º e s ∈ 811
DOGS :
At large, unmuzzled . . . . . . . . a tº a e s a tº s e º e º ºs e e s is g º e s is a s & s a * * * g º ºs & © tº º tº e s e e s is tº e ge .... 1458
Ordinances may be enacted in reference to . . . . . tº gº e g º º e & © tº º * * * * * * * * * * * * * * e º e º e º ſº tº 86
DOMESTIC CORPORATIONS, service on........ tº $ tº e º C G & º º ſº tº e º e º 'º e º se e º º ºs e º sº e º 'º e º e . 1127
30 INDEX.
Section.
DRAIN AGE:
Duties of owners and occupants in reference to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 539
When done under board of health. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .562–565
assossment for expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 564
damages and expenses, how paid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
Power of board of health in reference to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 561
DRAUGHT OF VESSELS to be given to pilots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211 1
DRINKING FOUNTAINS, ordinances may be passed in relation to.... . . . . . . . . . . . . . . 86
DRUGGISTS :
ASee PII ARMACISTs.
DRUNKARDS:
Habitual, committed to inebriate asylum. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1098–1100, 1103
discharge from. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1102
When vagrants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1464
DRY DOCKS, use of piers for certain, permitted. . . . . . . . . . . . . . . . . . . . . * * * * * * * g e tº g g g g º º 811
DUTIES OF POI, ICE relative to theatres . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * * * * * * * * 2004, 2013
E.
|BAST RIVER, .
Netsin. . . . . . . . . . . . . . . . . . . . tº g º e º a s • e º e a e e o e e º 'º e º 'º e s p e º e º e s ∈ e s tº e s - e º e s e e s is e º e s - a 739
Speed of steamboats on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 757
Course of steamboats on.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 757
EDUCATION :
See SCHOOLS.
EDUCATION, BOARD OF:
When to meet . . . . . tº s e s - e - e º e s s p * * * * * * * * * * * * * * * * * * * * * * * * * * * * * g e º ſº t e - © tº a c e º e o 'º - - 1026
Certain resolutions as to salaries void. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
To furnish departmental estimates.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189
Appoint school trustees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1025
Elect president. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1026
Appoint clerk and assistants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1026
Control public school system. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1026
Have power to take and hold P. e e º e º 'º e º 'º e º e º 'º e º 'º e s > * * * * * * * * * * * * * * * * * * * * * * 1027
May require commissioners of sinking fund to sell school property................ 186
proceeds of sale to be appropriated for school purposes . . . . . . . . . . . . . . . . . . . . . . 206
Appoint city superintendent . . . . . . . . . . . . . . . . . . . e e º e º ſº e º a º º e s e e . . . . . . . . . . . . . . . . 1027
Appoint superintendent of school buildings.............. . . . . . . . . . . . . . . . . . . . . . . . 102.7
Fix duties and salaries of superintendents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1027
Powers as to altering and repairing school buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . ... 1027
When appoint principals and vice-principals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102?
When discontinue a school. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1027
Draw moneys for expenses of board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1027
Examine schools. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1027
Make rules for board, committees, and officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1027
Organize female free academy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1027
Central hall of board........... ... e. e. e. e º 'º tº e s a e º 'º e s = e º ºs e e º e º e º e s s > * * * * * s e g º e e s e º e 1027
Provide sites. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - tº e º ºs º e º e e s e 1027
What perscnal property disposed of..... . . . . . . . . . . . . . . . ºf * * * * * * * e s e º e e s e e s e e s a s a 1027
And see SCHOOLS.
ELECTIONS: 4.
Annual appropriation for expenses of...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
Ballots, forms of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1842
canvass of... . . . . . . . . º e º e º e s e º e º e º g s e º e º ſº a • * * * * * * * * * * * * * * * * * * * * * * * * e s a e e 1888–1891
in wrong box . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1889
how indorsed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1842
pasted to statement of canvass . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1892
destruction of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * * * * * * * 1898
Ballot-boxes, how labeled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 1841
destroying or removing, a felony . . . . . . . . . * * * * * * * * * * * * * * * * * a • e e º e º 'º e º e º e g º b c & 1920
Board of county canvassers,
aldermen to compose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 1902
proceedings had by. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º 'º e = 1902
Bureau of elections,
record of convictions filed with........... * * * * * * * * g e º e º e as e e o e e s tº º e º e e s a t e a * * 1S71
under control of police board. . . . . . . . . . . . . . . . & e s e a e s e s - e. e. e. e. e. e. e e º e º e º 'º & e º º O & © 260
chief of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1845
appointment of . . . . . . . . . . . . . . . tº e s e º e s • e º s e e s is a a e s e º e e e s e a a e e e s e o a e º 'º º 260, 1845
term of office..... © e s tº e s is e s - e º e s a s e º 'º e º 'º e & e º s - e. • * * ~ * tº e º e º e º e º 'º e s tº e º º ... 1845
salary of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... ... 1845
removal of... . . . . . . . . & © e º e < * * * * * *s e e e º e º e º e s º ºs e º º © e º 'º e º e º e º 'º e o e º e ºs e e e º º e 1845
duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * * * * * * ... . . . 1848
chief clerk and other employees, .......... • * * * * * * * * * * * * * * * * * * * * ......... 1849
obtain records of deaths . . . . . . . . . . . . . © e º e s sº sº e º 'º - e. • G e º te e º e º ſº tº ... ... 1867, 1869
give copy to inspectors. . . . . . . . . . . . . . . . . . tº e º is a 9 tº e º 'º e º ºs e º ºs e º e º 'º e º º e s tº . . . . 1868
records opened to inspection . . . . . . . . . . . . . . . ... .................... . . . . . . 187°
INDEX. 31
ELECTIONS-Continued. Section.
Canvass of votes,
how to commence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1882, 1886
public announcement of ballots. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1886
order of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1887
watcher at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1884
proceedings in... . . . . . . . . . . . . . . . . . . . . © tº e º º te e s tº e º ºs s & º e º 'º º sº tº º e º º 1884, 1888, 1890–1892
proclamation of result . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8%
statements of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1894, 1895
to whom sent. . . . . . . . . . . . . . . . . . . . . . . . . * e s - e º ſº e º e º e s & e º 'º e s e e s & e s s m e º 'º e º 'º 1895
delivery of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1896
sealing of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1895
receipts for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1899
tallies of,
to whom sent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1895
sealing of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1895
receipt for. . . . . . . . . . . . . . . . . . . . . . . it tº e º 'º e º is a e º e º ºs e e s = e < * * * * * * * * * * * * e º e s e e 1899
advertisement of official canvass..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1929
Challenged persons, oath to . . . . . . . . º, - - - - - - - - - - - - - - - - - - - - - - - . . . . . . . . . . . . . . . . . . . 1851
Challengers, designation of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1874
where placed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 1874
removal of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ë e º gº º tº e g g tº gº tº e º e º us tº e º 'º e º 'º e º e º a tº 1874
canvass of district by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1874
Blection, day of, legal holiday. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1840
when held . . . . . . a 6 tº e º e º º sº s p ∈ is a s e º 'º & tº g º e º a º ºs e º & sº e º 'º º e s º ºs e º ºs e º e s a s e s e º 'º e º sº tº e 1839
expenses of, a county charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1930
irregularities in holding no defense . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1925
meaning of word. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1928
notice regarding municipal officers......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1839
when sheriff give notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1931
olls, when opened and closed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1S43
etailed statement of canvass to be published. . . . . . . . . . . . . . . . . . . . . . . . . . . . • & º 67
Election districts,
redistricting . . . . . . . . . . . . e e s tº e º te s is e º º e º e º º ºs e º 'º e º e = e º 'º e s = e s is a s a s e º sº e º e ... 1847
no district to be in two congressional districts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1847
number of voters in ......... tº e º & g º ºs e º 'º e º ºs e º ºs º e º 'º ºn e e º sº º 'º e s & e º ºs e º is e º e º is e e s is e 1847
boundaries of, advertised. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1929
Electors,
challenge of..... • * * * e º e o e a e tº e º gº e s tº º ºs e º $ tº º e º ºs e º ºs e º ºs º & * - - - - - - - - - - - - - - - - - - - - - 1S51
oath to. . . . . . . . . . . . . . . . . tº e º ºr e º ºs & g º e º ºn e s tº e º tº e º g º e º e º is is tº e º 'º $ e º sº tº º e º 'º sº º is a e g 1S51, 1852
application of, for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 S58
examination of .......... e º sº e s tº de e º e ºs e º e º 'º a tº dº º sº tº e º s > gº tº tº a º º ºs e º e s e s = e s º e º e < e < * 1858
qualifications. . . . . . * * * * * > tº e < * g º tº e º e º ºs º e g º e º e s e º e º e º e º ºs e º e = * * * * * * * * * * * g e º 1858, 1915
when applicant not of age ..... & e º ºs e o e s 6 e tº sº e º 'º ºf tº º e º e º 'º e s sº e s is e º se e s is e º gº º e s ∈ e º º 1858
right to be heard. . . . . . . . . . . . . . . . . . tº e º 'º e º 'º º gº tº º 'º e º is tº º e º 'º e º e g º e º e s a tº a -º e º e º e º ºs tº 1872
removing into district after being registered. . . . . . . tº º e º & º is a e º e e s tº e = e e º 'º e º e º ºr 1859
out of district after being registered. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1859, 1860
from one dwelling to another. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1860
vote of, how received and deposited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1866
right to challenge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1872
penalty for personating. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... 1903, 1904
changing ballot of, a felony. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..... 1908, 1914
personal violence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º & © º e º e º º ºs e º ºs e e is 1917
False swearing at elections ......... tº tº * * * g º º ſº tº a sº tº e º e o º tº e º e º e º sº e º º ºs e e º ºs e º ºr tº & © tº a e e 1913
Inspectors of election,
appointment of.... . . . . . . . . . . . & e º is a e º ºs e º ºs e & e e º º tº º ºs º we tº vº º e º e º º º * c e º 'º tº e g º º . . . . 1850
qualifications . . . . . . . . . . . tº e º e º e º e º as " is is e º sº tº e º 'º e º 'º * & º e º 'º e º 'º e º ºs e º 'º ei e º e . . . . . . . . . 1850
term of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº º is ſº g º º 'º º . . . . . . . 1850
removal of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1850
When and how removed . . . . . . . . . . . . . . . . . . . . . . . . tº e º 'º e º ºs e s tº e º 'º º * * * * * * . . . . . . . . 1850
vacancies. . . . . . . . . . . • * * * * * * * * g e º gº e º gº tº e º s e º ºs e º e º e º e º º e g º º * * * e e º e º 'º e º 'º is e º ºs º º . 1850
compensation. . . . . . . . . . . • * * * * * * e s e e s e e º e a e º 'º º e º ºs e a tº e º w is a s e s e s e tº e º ºs e º 'º e º e e ... 1854
conditions of payment. . . . . . . . . . . . . . . . * c > * * * * tº e º 'º e º e º e º e º e º ºs e e < e º e º us • * . . . . . . 1854
disobedience to....... e e º e º 'º e º e e º º is e is e e º 'º we e º e e s tº e º º tº e º e º e º 'º e tº º e º º ſº e º sº e a . . . . 1916
penalties incurred by,
refusing to º after appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1855
absence from duty....... tº e º e o e º is e e º g sº tº gº tº º e º 'º - © tº ſº e º 'º e º 'º e º 'º º e s a tº ºn a tº e .... 1855
refusing to perform duty...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1919
illegally registering votes. . . . . . . . . . . . . tº e º e º 'º º 'º g is a e e s s e e º e º e º ºs e e & . . . . . . . . 1991
receiving votes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1906
refusing vote ....... tº e º e º º * † º ºs º º º º º tº e º 'º e º ºs e º 'º e º e º ºs e º 'º º e º sº e º ºs e e º 'º - e º .... 1906
electioneering about polls..... * * * * * * * * * e º e s tº e s p e e e g g tº gº º e º & & e º ſº e º e º . . . . . . 1928
making falso canvass...... tº e º is e º 'º ge * e º º ºs e e º e e º 'º e º e º e º e º e º 'º e º º ºs tº ſº gº tº e e º e . 1907
oath to be taken . . . . . . . . . . . . . • ‘º e º 'º is º ºs º & tº e º & e º ºs e e º e º e º e º is sº e º ºs e e º e e º º . . . . . . . . 1850
certificate of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º e º e º e º a tº e º 'º gº e . . . . 1860
transfer of... . . . . . . . . * e º 'º e º s a * * * * * * * * * * * * * * * * * * * tº e º 'º º e º 'º t > * > * * * * * * * * e g º e º a de 1850
administer oaths. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1851
exempt from jury duty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1854
certain acts of, felonies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1907, 1910
interfering with . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * e tº c e º e º ſº e º te e º 'º º S
32 INDEX.
Section.
ELECTIONS.–Continued.
Officers of election,
who aro. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1877
interfering with. . . . . . . . . . . . . . . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1918
certain acts of, felonies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191S
neglect of duty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1909
not to electioneer about polling places. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1923
Poll clerks,
appointment of... . . . . . . . . º e e º ºs e e s e a e e º e º e º e º 'º - • e < * * * * s e º e º e º e s e e e 1850, 1852, 1853
qualifications of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1S52
term of office . . . . . . . . . . . . . tº g º ſº º 'º º e º e º e º e a * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1852
vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1850
compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1854
conditions of payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1854.
to be in constant attendance during hours fixed . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1877
may canvass district . . . . . . . . . . . . . tº e º 'º e º e s e e e º e e s a a s • * * * * * * * * * * * * * * * * * * * * * * * 1879
duties of, in canvassing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1883, 1891
certain acts of, felonies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 1905, 1909, 1910
interference with, a misdemeanor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191S
Poll-list books, contents of ......... * * * * @ e º ºs e º tº dº º º e º a e º e º 'º e s p * * * * * * * * * * * * e g º º e º & 1SS4
IOl'Ill OT. . . . . . . * * * * * * * * * * * * * s ſº e º e º ºs e º e º e º e s e º e º e < * * c e º e º a s a tº e º e < * * * * * * * * * * 1884
Poll-list to be filed with county clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1897
Polls, when opened and closed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1S43
Polling places, location of...... tº e º e º 'º e s ∈ º e º a s e e s - e s e e º e a º º ºr e º s e e e s is a e < * * * * * * * * * 1873
not to be in a liquor shop. . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * * * e º e º 'º - e s tº e º ſº º & 1873
to be lighted. . . . . . . . . . . . . . & e º 'º e - © e º e º 'º e º & e º e º e s e º e º e º e s tº e º e a se e º a e º e º e º 'º a tº & 1873
S126 OT. . . . . . . . . . . . . . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1873
disorderly persons excluded..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1885
liquor prohibited at. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... ... 1924
Records of deaths, furnishing of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1868–1870
of persons convicted of crimes, to be furnished . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1871
Registers of election,
what to be entered on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º e º 'º - a e º e º a tº 1858
how certified and filed....... • * * * * * * * * * * * * * * * * * * * s e e < * * * * * * * * * * * * * * e º º s e e 1861, 1863
what to contain. . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1846
form of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , e. e. e. t < * * * * * * * * 1846
comparison of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1861
copy of, for bureau of elections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1861
for use of publio. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1861
where kept. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , s , e. • * * * * * * * * * . . . . 1866
delivery of, to election bureau . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1861
correction of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1868
inspection of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1878
special elections, when used for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1880
when copy used at prior election issued. . . . . © tº * * * * * * * * * * * * * * * * e s e s - a s a s a e s a º 1848
to be copied . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1865
copy to be delivered to supervisor of “City Record ”... . . . . . . . . . . . . . . . . . . . . . 1S65
Registration of voters,
days for, when held. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * 1857
illegal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1903
applications for, when received. . . . . . . . . * * * * * * * * * * * * * * * * * * * * * * . e. e s - e. e. . . . . . . . 1858
examination of applicants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1858
proceedings therein......... * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * e º e º 'º e s is a e º 'º 1858
revision of... . . . . . . . . . . . . . . tº e s - e e s e º e º 'º e º e º 'º e º e º e º e º e • e º º e e s m e º 'º e e º e s tº º º 1850
proceedings therein. . . . . . . . . . . . . . . . . e e º e º º e & s e º e e s e s a e s e e º e s a tº e s tº a • * * * 1859
Repeating. . . . . . . . . . . . . . . . * * * * * * * * * * * * * * * * * * * e º e º e º ºs s e s a e is e e a e s - e. e º e º e º 'º e s m e º 'º º 1904
Violation of election laws. . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * . 1903–1923
district attorney, duty of, regarding................ . . . . . . . . . . . . . . . . . . . . . . . . 1922
Witnesses of election, designation of... . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * a s 4 tº º 1884
watcher to be designated. . . . . . . . . . . . . . . * * * * * * * * * e s tº e s a e º ºs e º e º e º e s e º º te e º e º 'º º 1884
protection of....... * e º 'º º tº g º e º 'º e º tº * * * * * * * * * * * * * * * * * * * * g s e e º e º e e º e º e º e º f * * * 1884
Challenge, name of person marked for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1872
Policemen to be detailed to polls..... tº º e e º a tº e o e º & © e º e s e a e e s e o e º a tº a s e º e s tº e s e s e º a 286
ELECTION : -
Of Alderman....... e tº w e s ºr e > * * * * * * * * * * * * * * * * is e º 'º e © e s e e º 'º e º e s a v e s a s e e tº 4 e º e º a tº a º º 20
Of county officers, not affected by this act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Of mayor. . . . . . . . . . . . . . . . © tº ſº tº tº ſº tº ſº tº º tº º ſº tº sº tº º º º º q & & © tº ºr e & e e g º º & º te e º ºs e º us n e º 'º º e º º tº 6 & 31
To fill vacancy in office of mayor. . . . . . . . . . . . . . ... • * * * * * * * * * * * * * * * * e º e s s e º 'º e e º & a tº * 2
Of temporary chairman of board of aldermen..... * * * * * * * * * e a tº tº e º e º ºs e e º 'º e a s e s tº e - 33
ELECTION TO OFFICE, certificate of............ . . . . . . . . . . . . . . . . . . . . . . . . . . dº e s e s - © 53
ELEVATED RAILROADS forbidden in certain streets.......................... 1944, 1946
ELLIS ISLAND, ceded. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .............. e e s e º e º 'º e º s v 6 º' 1633
EMIGRANT BOARDING-HOUSES :
Licenses to . . . . . . . . . . . . . . . . © º e º tº º • * * * e e º e e o e s e º 'º e º e º s º s • * * * * * tº 4 tº * * * * * * * * * * * * 115, 2049
Rates of, to be posted, . . . . . . . . e s e a e e s e º e º e s e º e º e º 'º e º e • * * * * * * * * * * * * * * * * * * e s e º e º . . 2049
Liem of keepers of... . . . . . . . . e e e º e s e e s e e o e < * * * * * * * • * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2050
INDEX. 33
Section.
EMIGRANT-RUNNERS . . . . . . . . . . . . . . . . . . . © e º 'º e º 'º e º e º e s e e º e º e º e º e º 'º e º 'º e s sº * * * * * * * * * 2051
Not permitted on board vessels. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2035–2037
Punishment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2039–2040
EMIGRANTS :
May land when desirous. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204]
Who may be detained on vessels. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2064.
Baggage, where landed. . . . . . . . . . . . . e e s e e s e e e s a e s a s e º e º e o a tº a e s e s º e < e < * * * * * * * * 2048
; to. . . . . . . . . . . . . . . . . . . . . . . . . • a e s e o e a e o a s g º e º e s sº a • * * * * * * * * * * * * * * * * * * * * * * * 2051
Tickets to be sold only at designated places. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2052
To be landed at designated wharves.......... • * e e º e º e s e º 'º e s e < e < * g º e e º e º e. e. e. e. e. 2032, 2033
Frauds upon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2054
Rates for tickets to
e a e º e º ºs e º 'º e º e s e e s e e s is a • * * * * * * * * * * * * * * * * * * * * * * * * * * * *
, 2053,
2055
Rates of transportation of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2052
To be reported to certain officers. . . . . . . . . . . . . . . . . . * c e s a tº e a e º e s m e º 'º e º 'º e º e º e s tº e º 'º 2059
What tickets issued to, to contain........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3060
Rates not to exceed those reported. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2061
Health officer to notify of designated landing place. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2034
Where tickets may be sold.......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2056
Witnesses examined de bene. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2057, 2063
License mecessary for steamboats, etc., landing ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2042
Examination of witnesses of frauds upon... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2057, 2063
Licenses of boarding-house keepers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
licenses of transportation agents of...... . . . . . . . . . . . . . . • * * * * * * * * * * * * * * * * * 116
Runner not permitted on board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2035, 2036, 2037
punishment of... . . . . . . . . . . . * * * e s e º e º e e º 'º e e o e o e º e º 'º e º 'º e º e o e e º 'º e o e < * * * * 2039, 2040
Baggage of, where landed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * e s tº a s e a e a s a 20.48
Boarding-houses for......... . . . . . . . . . . . . . . . . . . . . . © e º e º e º e º º is e º e º 'º - e º e a tº s 3049, 2050
Booking. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2052
ALIEN :
Tax on alien emigrants. . . . . . . . . . . . . . . . . . ... • e º 'º e º dº e º e º e º e º e s is º ºs e s tº e º e s e º e º e < * ~ * 2043
commissioners of emigration may sue for................ . . . . . . . . . . . . . . . . . . , 2043
Masters to report names of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2043
EMIGRATION, COMMISSIONERS OF :
Mayor to be one of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
Duty of vessels to land emigrants...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2033, 2035, 2037
To be paid money received by Chamberlain as tax on emigrants.................. 169
When and how to sell baggage. . . . . . . tº e º 'º t e º e º 'º e a e < * * * e is a • * * * * * * * * * * * * * * * * *s a • * * 206S
Purchase or lease buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * g e º & © º e º 'º s º º e º ºr e º tº 2032
Transportation companies to report rates of fare to.............................. 2059
Qffices for booking emigrant passengers, open to... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2052
Regulate landing of emigrants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2038
License emigrant rummers. . . . . tº e s e e º e ºs e º e º ºs e º 'º e º ºs e º e s ∈ & e º a s e e º e º e º 'º - e. e. e. e. • * * * e º e 2051
Suits by, on rummers' bonds.......... * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2051
Designate landing places. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2032
Furchase or lease wharves........................ tº e º e º e º e & © tº e º a tº e º 'º e º 'º tº e º ºs º º 'º e º 2032
Sue for penalties.................... * c e º 'º e º e º 'º e s ºr e º e º 'º a º e e 2033, 2034, 2036, 2047, 2049
Liem for penalties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e e s e e s 2037, 2047, 2048
Issue licenses to steamboats and barges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2042
Designate places to sell tickets........... tº e º e s e e º e º e e º e º 'º e º e tº e º e º e º e e º ºs e º e º e e - e. 2056
May administer oaths. . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * > t e º e º ºs e e e º ºs e º 'º e e s a e e º e s e º e 2065
Take depositions. . . . . . . . . . . tº a gº e º º tº e º e º e º e º 'º º * * * * * * * . . . . . . . . . . . . . . . . . . . . . . .2065, 2066
To have liems on vessels. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2037, 2047
To sue for unpaid tax on alien emigrants...... * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2043
Payments to be made by chamberlain to ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . & e º o ſº e º 'º º 2044
EMPLOYEES, not in any department, schedule of..... e - e º e º 'º - e. e. e. e. e º 'º e < e < e < e < e < * * * * * 203
ENCROACHMENTS on harbor. . . . . . . . . . g e º e º 'o e º e º e º s º e º e s tº e º e s tº t e º e < * * * * * * * * * * e e a e 732
ENFORCEMENT OF JURY FINES, BOARD OF:
See JURY FINES.
EPIDEMIC, commercial paper during....... e Q & Q e º 'º e º e s e s tº e º e º e s e e º e º 'º e e º 'º e e s = • * * * $2026–2031
ESTIMATE for tax levy to be prepared by comptroller. . . . . tº tº tº e º 'º e e º & © tº º 4 tº e e º 'º e º e º º e S29
ESTIMATE AND APPORTIONMENT, BOARD OF:
What officers to constitute . . . . . • * * * * * * * * * * * e e o e º e º e º 'º e º 'º - e º e º 'º e e º w w w w e e º 'º e e º e a e 189
Powers and duties of... . . . . . . . . . . . . tº e º e º ºs e º e º 'º e º e º 'º e º e < e < * © e e º e º ei e - e. e º 'º e s tº e º 'º - e. 189
Meetings of . . . . . . . . . . . . . . . . . . . . . . . . . . e e º e s e º e e º a e * e s is a e º e º e º 'º e < * * a e º e s e a s e e º e e 189
President and secretary of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e e º e a e º e º 'º - e. e. e. vº º te e º 'º º 189
Provisional estimate to be made by . . . . . . . . . . . . . • * * * * * * * * * * e º 'º e º 'º e - e. e. e. e. e. e. e º t e º 'º e 1S9
what to include. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º º e e © e º e º e º e º e º e e tº a º 189
to be submitted to board of alderman. . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * * * * * 189
published in “City Record ". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189
objections or suggestions made by aldermen considered. . . . . . . . . . . . . . . . . . . . . . 189
Departmental estimate. . . . . . . . . . . . . . * * * * * * * * * * * * * * * * * * * * * * e o e º e º ºs e e * * * * * * * * * * * 1S9
what to contain. . . . . . . . . * @ e º e º 'º tº e = e e s • * * * * * * * * tº e e º e º e º te e e º e º e º e e s e e º e tº e º e - e. 189
to whom sent. . . . . . . . . . . . . . * * * * c e s - © tº e º e º e º 'º º º tº º gº º e º ºs e º 'º - e. e. * * * * * * * * * * * * * * * * 189
Final estimate to be made by board. . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * * * * * * * * * * * * 1S9
how signed, filed and published . . . . . . . . . . . . . . . . e e º 'º e º ºs e º e º e e º e º m e º e º 'º e s e e º e 1S9
To provide for payment of bonds and other obligations...... . . . . . . . . . . . . . . . tº 190
3
34 INDEX.
Section.
ESTIMATE AND APPORTIONMENT, BOARD OF-Continued.
To provide for payments to sinking fund.................... • * * * * * * * * • tº e º 'º e º e tº ... 190
To include in annual estimate amount necessary to pay bonds falling due..... . . . . 191
limit of such amount. . . . . . . . . . . . . . . . . . 0 e º an e s ∈ s e is 0 - e º 'º e º e º 0 < e º ſº a * * * * * * * tº e ... 191
To include in annual estimate sum necessary to pay bonds when due...... ... . . . . . 192
To assess sum necessary to pay judgments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193
payment of sums so assessed. . . . . . . . . . . . . . . . . . . . . . . . . e e s ∈ s e a s e s is e º 'º e e s tº e º e a 193
no limit to amount thereof. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193
Annual appropriations to be included in final estimate. . . . . . . . . . . . . . . . . . . . * * a s e º 'º 194
for repaving streets, etc., certified by commissioner of public works..... 194 (sub. 1)
for extending distribution of water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 (sub. 2)
for experts employed by coroners...... A." - - - - - - - - - - * * * * * * * * * * * * * * * * * * * * 194 (sub. 3)
for office commissioner of jurors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 (sub. 4)
for Seventh Regiment armory. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 (sub. 5)
for lands and buildings for armories, etc. . . . . . . . . . . . • * * * * * * * * * g e º tº e e s tº s 194 (sub. 6)
for observatory, museum, etc., in Central Park............ . . . . . . . . . . . . . 194 (sub. 7)
for relief of poor adult blind persons. . . . . . . . . . . . . . ... º, º e º & © º º e º º e º e º º º 194 (sub. 8)
for tenement-house fund . . . . . . . . . . . . . . . . . . . . . . . . . 4 & a tº s & E & © tº º is º º ſº tº e º e º & 194 (sub. 9)
for expenses of registration and elections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 (sub. 10)
for compensation of supreme court justices from other districts. . . . . . . .194 (sub. 11)
for support of night medical service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 (sub. 12)
for bridges over Bronx river. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 (sub. 13)
for expenses of commissioners of street opening. . . . . . . . . . . . . . . . . . . . . . . 194 (sub. 14)
for salary and expenses of shore inspector....................... •, * ~ * > * 194 (sub. 15)
for salaries janitors district courts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 (sub. 16)
for publication of court calendars. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .194 (sub. 17)
for law library. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * - e º we tº g tº º e º 'º e º & © tº º ſº e tº 194 (sub. 17)
for police courts and board of police justices . . . . . . . . . . . . . . . . . . . . . . . . . 194 (sub. 18)
for publication of º of Voters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 (sub. 19)
for College of City of New York.......... . . . . . . . . . . . . . . . . . . . . . . . . . . . .194 (Sub. 20)
to American Female Guardian Society . . . . . . . . . . . . . . . . . 194 (sub. 1 and 2 of sub. 21)
to Society for Relief of Ruptured and Crippled. . . . . . . . . . . . . . . 194 (sub. 3 of sub. 21)
to Infirmary for Women and Children........................ 194 (sub. 4 of sub. 21)
to Children's Fold. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 (sub. 5 of sub. 21)
to Union Home and School for Children of Volunteers . . . . . . . 194 (sub. 6 of sub. 21)
to Institution for the Blind.................................. 194 (sub. 7 of sub. 21)
to Children's Aid Society. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 (sub. 8 of sub. 21)
to Industrial Schools for Destitute Children. . . . . . . . . . . . . . . . . 194 (sub. 8 of sub. 21)
to Boys' and Girls' Lodging-houses. . . . . . . . . . . . . . . º gº e º º is a g º º & 194 (sub. 8 of sub. 21)
to Foundling Asylum of Sisters of Charity . . . . . . . . . . . . . . . . . . . 194 (sub. 9 of sub. 21)
to mothers at such asylum. . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº º ºs e º s 194 (sub. 9 of sub. 21)
to Nursery and Child's Hospital. . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 (sub. 10 of sub. 21)
to Infant Asylum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 (sub. 11 of sub. 21)
to Shepherd's Fold of Protestant Episcopal Church ......... 194 (sub. 12 of Sub. 21)
to Catholic Protectory. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 (Bub. 13 of sub. 21)
to Hebrew Benevolent Society. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 (sub. 14 of sub. 21)
to Juvenile Asylum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 (sub. 15 of sub. 21)
to Roman Catholic House of the Good Shepherd. . . . . . . . . . . . . 194 (sub. 16 of sub. 21)
to Magdalen Female Benevolent Asylum and Home for Fallen -
Women . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 (sub. 17 of Sub. 21)
to Protestant Episcopal House of Mercy. . . . . . . . . . . . . . . . . . . . 194 (sub. 18 of sub. 21)
to Five Points House of Industry. . . . . . . . . . . . . . . . . . . . . . . . . . . 194 (sub. 19 of sub. 21)
to Association for Befriending Children and Young Girls.... . 194 (sub. 20 of Sub. 21)
for other charitable purposes directed by law. . . . . . . . . . . . . . 194 (sub. 21 of Sub. 21)
To include in annual estimate amounts for aid of poor and charitable institutions. . 195
To audit and allow expenses of proceedings to remove police commissioners....... 196
To audit and allow expenses of contestant for office of police commissioner....... 196
Also, cost of maps of twenty-third and twenty-fourth wards...................... 197
To provide for deficiency on assessments for market place........... . . . . . . . . . . . . 199
To fix salaries in office commissioner of jurors. . . . . . . . . . . . * * * * * * ~ & tº e º is a tº tº e º ºs º e º ſº tº 200
To fix salaries of coroners' physicians. . . . . . . . . . . . . . . . . . . . . . . . . . . ... e. e g º e e º ºs e º ºs e º 'º º 201
To fix salaries of officers not embraced in any department......... * * * * * * * * * * * * * ~ * 202
Schedule of employees not in any department. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203
May authorize issue of stock and bonds for those maturing....... . . . . . . . . . . . . . . . . 204
May authorize transfer of appropriation. . . . . . . . . . . . . . . . . . . . . . . & a s e º e º º & G e º ſe tº a 204, 207
May appropriate additional money for use of board of health............... . . . . . . 205
Repeal of certain provisions in reference to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204
May appropriate to board of education money received from Sales of school prop- 06
erty . . . . . . . . . . . . . . . . . . . • * g e º a º º & tº e tº dº º e º ºs º º º ºr e s is $ tº e º q e º is a de © & & © e º ſº tº e º 'º & 206
To appropriate excise moneyB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * G - dº e g º º ... . 210
Payment in case of contested office. . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * e º a s e & 6 s w tº º . 211
Final estimate, disposition of...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . & º e s a tº e º e s ∈ e º e < * * 214
Issue of “City Improvement Stock ’’ to be authorized by.............. tº a ºn tº e º e º 'º & 139
Bonds for right of way for drains to be authorized by....... tº º ºs e º s is g º e • * g e º ºs e º e º 'º 142
bonds for claims and judgments to be directed by . . . . . . . . . . . . . . . . . . . . . e is a a e & s • e & 148
To provide compensation for judges. . . . . . . . . . . . . . . . . . . . . . . . & s • * * > * > * * * * * * * is e º 'º º 1108
To fix salary of crier. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . & º 9 e º e º ºs e º º tº º e º e º e º º . 1116
To prescribe conditions in regard to patented articles............ * * * > * > .......... *
To provide for expense of “City Record ”...................................... .%
To approve contracts for street cleaning . . . . . . . . . . . . . . . . . . . . . . . . © tº e s is tº e tº e s is a e e º 'º 209
INDEX. 35
Section.
ESTIMATE AND ASSESSMENT, COMMISSIONERS OF :
See STREETs, etc., OPENING OF.
ETHER, manufacture and storage of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . 456
EVIDENCE, volumes of special and local laws may be read in.................... . .... 1107
EXAMINATION, Summary, of officers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
EXAMINERS, BOARD OF, to pass upon applications for deviations from building
laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 504
EXCISE, BOARD OF :
Composed of three members...... • ‘º e º e s tº 6 tº e º º is tº e º 'º - & 0 & º ºs º º is e s a tº e º e º & º 'º º * * * * * * * ... 109
Commissioners of, nominated by mayor and confirmed by aldermen.......... .... 109
When to be appointed. . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * * e º e º s s a e e s e º e s e e s s a e º e o e 109
Terms of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
Vacancies, how filled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
Removals, how made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
EXCISE MONEYS, appropriations of, for support of poor. . . . . . . . . . . . . . . . . . . . . . . . . . . . 210
EXCURSIONS, STEAMBOAT:
Passengers on, to be registered. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 762
Trespass by passengers on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 763
EXECUTION :
In district court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1399–1401
Against city, -
not to be issued until comptroller is notified... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1106
payment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º sº º e º º e º sº e º e s e º e º sº e s c e º º 210
In actions for female employees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1086
arrest on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * e º 'º e º sº e s e s is e º e s e e 1086
Of court of record, issued only to sheriff. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1717
Common pleas has jurisdiction of proceedings supplementary to.................. 116S
EXECUTIVE POWER, where vested. ............................ . . . . . . . . . . . . . . . . . . 30
EXEMPT FIREMEN'S BENEVOLENT FUND, payments to trustees of, from taxes
on foreign insurance companies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 532
EXEMPTION, none on executions for female employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1086
EXEMPTION FROM TAXATION :
Real estate of Young Men's Christian Association............................... 824
Real and personal property of Roosevelt Hospital............................... 24
of Presbyterian Hospital. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 824
of Cooper Institute. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *... e º te e º e º ºs e º e 824
of Clinton Hall Association... . . . . . . . . . . . • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 824
of Astor Library. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - - - e º e 824
of Merchants' and Clerks’ Library Association. . . . . . . . . . . . . . . . . . * * * * * * * * * * * * 824
of Woman's Library. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * * * e º e s • * * * 824
of New York City Library Association . . . . . . . . . . . ................. tº s e º 'º - e. e. e. 824
of Lenox Library. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 824
of Mott Memorial Medical and Surgical Library............................. 824
of Catholic Protectory..... - e. e. e. e. e. e º ºs e s tº º e s tº in a e º ºs e º is e < e < e º e s is e º e º e º s m e º e º e s e 824
of Children's Aid Society . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 824
of Samaritan Home for Aged. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 824
of Ladies' Union Aid Society. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 824
Assay office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 826
Custom House... . . . . . . . . . . . . . . . . . . . . . . . - e º e s sº e º e º 'º e º º s e º e < * * * * * * * > * * * g e º e e º e a e 826
Robin's reef. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 826
Barge office at battery. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 826
Land for Spuyten Duyvil improvement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 826
School houses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 827
Churches. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 827
EXPENDITURES, statement of, published annually . . . . . . . . . . . . . .................... 126
EXPENSE :
Not to be incurred without appropriation. . . . . . . . . . . . . . . . . . . . . . . . . • e º e º 'º e º e º ºs e º 'º 46
Not to exceed appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
EXPLOSIVE COMPOUNDS, storage, sale and manufacture of....................... 456
EXPLOSIVE AND COMBUSTIBLE MATERIALS :
See FIRE DEPARTMENT. - -
EXTERIOR LINE OF HARBOR, not built beyond ............... ................. 732
F.
FALLEN AND FRIENDLESS GIRLS, HOME FOR, to receive portion of excise
moneys annually. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º 'º e º 'º e º e º e º us
FALSE PERSONATION :
Of member of fire department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • e º 'º e & 434
Of policeman. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e e º e s e s a e º e º a s 280
36 INDEX.
Section.
FALSE PERSONATION.—Continued.
Of officer of health department. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 627
Of harbor master . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... ºn e º e º 'º e º t e º e s tº e 808
Of elector. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... 1904
FAMILY, order to support. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1456
FAST DRIVING OR RIDING :
How punished. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1448, 1932
Disorderly conduct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * * g e º 'º e º e º º ºs e º º 1448, 1932
FELONY, intent to commit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1445
FEES :
Belong to the city. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
To be paid to chamberlain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
In foreclosure sales. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1088
On attachment in marine court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1249
None on arrest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1492
None for warrant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1492
None for taking bail. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1492
None on habeas corpus. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .‘. . . . . . . . . . . . . . . . . . . . . . . 1488
FEMALE EMPLOYEES, execution and arrest in actions by . . . . . . . . . . . . . . . . . . . . . . . . . . 1086
FEMALE GUARDIAN SOCIETY:
Money for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
Schools of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .* * * * * * * * * * * * * * * 1066
When children committed to care of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1602–1607
Procedure in committal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1602, 1603, 1605
Discharge of children committed......... tº e º ºs e º e º ºs e s tº s e º a s e e º 'º e º e e s tº e º s e e g a 1604, 1606
FEMALE WAITERS, prohibited in places of amusements. . . . . . . . . . . . . . . . . . . . . . . . . . . . 2010
FENCING LOTS, assessments for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 878
FERRIAGE :
Rates charged legalized. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1975
Exclusive right of city to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * ~ * * * * * * * 1966
To Brooklyn, rates of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1972–1975
To Greenpoint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1968, 1971, 1973, 1976
On Roosevelt street ferry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1976
FERRIES :
Common council pass ordinances as to anchorage in track of...... . • * * * * * * * * * * * *
Crossing track of, during fogs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 759, 760
FERRY:
To Brooklyn, regulated. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1972, 1977
From Catharine street, regulated. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1967
From Twenty-third street, regulated..... & a s e º 'º e s e º 'º e º e º e s e s m e º s e a © e º 'º - e. e. e. tº 1970, 1971
From Tenth street, regulated. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1968, 1969
From James street, regulated..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1968
FERRIES, FERRIAGES, etc., concerning. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1968–1977
FIFTH AVENUE, no railway in, below Fifty-ninth street. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1946
FILLING LOTS, assessments for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 878
FILLING AND RAISING LOTS, expenses of.............................. • e º 0 & e º 0. 880
FINANCE DEPARTMENT:
To have control of fiscal concerns of corporations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
General powers of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
Head of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Vouchers and warrants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
Charge of market place in Ninth ward. . . . . . . . . . . . . . . . . . . . . . • * * * * * * * > * e º e º e º 'º e º º 129
Bureau,
for collection of city revenue and of markets................................ 125
chief officer of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
for collection of taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
chief officer of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
for collection of assessments and arrears, and of water rents................. 125
chief officer of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... 125
auditing bureau, duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
chief officer of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
of licenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * e º & d 4 e s is ſº e º ºs e º º ºs e º e º º . . 125
chief officer of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
for receipt and payment of moneys....... tº e º ºs e º e º ºs e º 'º e º 'º - 6 s is tº a se e e º e º is a e º a s tº 125
chief officer of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
certificates of awards by assessment commission filed in..................... 912
And see BONDS ; COMPROLLER ; CHAMBERLAIN ; SINICING FUND,
FINES :
When and how remitted or reduced................... º e º e º e ∈ © tº tº gº tº e º ſº e º 'º e º tº º .... 1491
Imposed on discharge of recognizance. . . . . . . . . . . . . . . . . . . º e º s e º e º ºs ºr e º 'o e s e a g º e ... , 1471
FIRE COMMISSIONERS:
See FIRE DEPAIRTMENT.
INDEX. 37
FIRE DEPARTMENT: Section.
Head of, of whom to consist....... • e º e s a e º 'º e e s e e s , s e s - s = * * * * * * * * * * * e º e º e is a s = * * 40
General powers of... . . . . . . . . . . . . . . . © e s e a a e º 'º e s a e s a • e e s e º 'º a • * * * * * * * * * * * * * * * * * * * 424
Property of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . º e º 'º e º ſº e s tº tº ſº g g tº a • * * * * * * * * * * * * * * 424
Bureaus in, and principal officers of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 427
selection of heads of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 428
Chief of department,
principal officer of bureau.......... ... • * * * * * * * * * * * * * * * * * * * * * * * * * * e s tº s e º 'º e º e s º 427
Inspector of combustibles,
principal officer of bureau. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 427
Fire marshal,
principal officer of bureau. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 427
Inspector of buildings.
See BUILDINGS, INSPECTOR OF.
Inspection of Buildings, bureau of
See BUILDINGs, BUREAU of INSPECTION OF.
Officers and firemen, selection of.... . . . . . . . . . . . • e º ºs e e s e s e a s e e s e e s - e - is e º 'º e s - s • * * 428
Telegraph lines and alarm boxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 429
injuries to, punishment for... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 429
Salaries in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e s sº is a e e s = e s - e º s º º - 442
Police department, co-operation with . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 443
Sappers and miners, corps of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 447
explosives for use of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44S
To have a common Seal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 430
Attorney to, duties of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 431
appointment and removal of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 432
And see ATTORNEY.
Notices of violations of building laws to be issued in name of. . . . . . . . . . . . . . . . . . . . 507
Power to remit penalties for violations of building laws. . . . . . . . . . . . . . . . . . . . . . . . . 505
Uniform and badge, regulations for, to be made. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 434
wearing, except by member of, prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 434
False personation of member of, punished for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 434
Membership in, qualifications of.................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 435
Resignation from, not permitted without consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 436
what deemed to be. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 436
Exemption of members of from military and jury duty, etc. . . . . . . . . . . . . . . . . . . . . . 437
Uniformed force,
warrant of appointment to be issued to members of . . . . . . . e s e a s - e. e. e. e. e º 'º - e s e a • 438
oath to be taken by members of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 439
discipline and punishment of members of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 440
removal of members of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 440
Apparatus houses, location for... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 351, 699
Fire commissioners, board of,
number of members and terms of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
salaries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
when member deemed to have vacated office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 384
general powers and duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 424
power to provide supplies and apparatus. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4:25
to have management of buildings, property, and apparatus. . . . . . . . . . . . . . . . . . . 426
to establish and maintain telegraph lines, alarm boxes, etc. . . . . . . . . . . . . . . . . . . . 4:29
to provide offices, and business accommodation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 430
to enforce provisions of law, collect penalties and direct legal proceedings..... 431
to appoint and remove attorney to department. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 432
members of, when deemed to have vacated office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 433
to prescribe rules of discipline. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 440
to punish and remove members of uniformed force . . . . . . . . . . . . . . . . . . . . . . . . 440
may remove employees and abolish officers in bereau of inspection of buildings 441
to investigate origin of fires, breaches of discipline, etc. . . . . . . . . . . . . . . . . . . . . 417
may supervise investigations by fire marshal.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Fires and their extinction,
right of way in streets given to firemen and apparatus. . . . . . . . . . . . . . . . . . . . . . 444
hose bridges over railroad tracks.......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 445
hydrants, obstruction of, prohibited......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 446
Sappers and miners, oorps of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 447
explosives for use of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 449
building, destruction of, to prevent spread of fire. . . . . . . . . . . . . . . . . . . . . . . . . . 448, 450
damages therefor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 450
removal of persons from vicinity.................... . . . . . . . . . . . . . . . . . . . . . . . 451
Fire marshal,
may enter buildings for purposes of examination. . . . . . . . . . . . . . . . . . . . . . . . . . . 467, 469
to conduct examinations as to causes of fire. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 468
his powers and duties in respect thereto............. . . . . . . . . . . . . . . . . . . . . . . . 468
may compel attendance of witnesses ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 469
false swearing before, deemed to be perjury. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 469
investigations of, may be regulated by commissioners. . . . . . . . . . . . . . . . . . . . . . . . 470
Investigations of origin of fires,
examinations to be made by commissioners of department. . . . . . . . . . . . . . . . . . 417
roceedings therein. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 417
buildings, entry and examination of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 467, 469
examinations by fire marshal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 468
proceedings therein. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.68
compelling attendance of witnesses thereat.............................. 469
38 g INDEX.
Section.
FIRE I) EPARTMENT—Continued.
Combustible and explosive materials,
shavings to be cared for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 452
lights in places of amusement, etc., to be protected. . . . . . . . . . . . . . . . . . . . . . . . . . 454
gunpowder, etc., provisions as to manufacture and storage . . . . . . . . . . . . . . . . . . 455
licenses for sale of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 455
on board vessels in harbor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 455
fireworks, etc., manufacture, storage and sale of... . . . . . . . . . . . . . . . . . . . . . . . . . 456
chemicals, storage of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 456, 461
petroleum and similar oils, provisions in respect to . . . . . . . . . . . . . . . . . . . . . . . . 457, 460
licenses for sale of.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº º ºs º a º º 'º e º & sº * * * * * 458
violations of law, punishment for death resulting from... . . . . . . . . . . . . . . . . . . . 459
insurance companies not to grant permission to deal in certain . . . . . . . . . . . . . . . 459
cottom, hay, etc., storage of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 462
power to examine buildings for, and remove from . . . . . . . . . . . . . . . . . . . . . . . . . . . 463
permits, information to be furnished for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 464
penalties for violation of laws in respect to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 465
Hoistways, closing of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 453
actions for accidents resulting from omission to close. . . . . . . . . . . . . . . . . . . . . . . . 453
Relief Fund, -
how constituted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 518
how invested. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 518
trustees and treasurer of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 518
Pensions to retired members of uniformed force. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 519
to widows and orphans... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 520
Life insurance fund,
how constituted. . . . . . . . . . . . . . . . ... s is e e s e e s ∈ e º ºs e s ∈ a e e s & s • e º te e s ∈ e º a s e s tº º e º ºs e º º 521
payments from . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 521
Tax on foreign insurance companies.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 522–532
FIRES, and their extinction:
See FIRE DEPARTMENT.
FIRES, investigation of origin of :
See FIRE DEPARTMENT.
FIRE ALARMS, in what buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * * * * * * * 499
FIRE-ABMS, common council to regulate use of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
FIRE ESCAPES, in what buildings placed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 499
FIRE HYDRANTS :
Obstructions to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 446
removal of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 446
FIRE MARSHAL :
See FIRE DEPARTMENT.
FIRE PROOF SHUTTERS, and doors... ... * e e º e º sº tº e º ºs e e & e < e < * * * * * ºr e º ºs e g º e º e s º ºs º º 487
FIRE-PROOF BUILDINGS, to be used for storage of hay. . . . . . . . . . . . . . . . . . . . . . . . . . . 462
FIREWOOD, selling without license, may be made a misdemeanor. . . . . . . . . . . . . . . . . . . . 86
FIREWORKS:
Storage, sale and manufacture of...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 456
Common council regulate use of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
IFISIIING :
Poles for, erection of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 736, 743
With Seines in Hudson river.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 737
Nets, etc., when not to be set. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 738
use of in Harlem and East rivers prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 739
FIVE POINTS HOUSE OF INDUSTRY :
Annual ºpprºpriation to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
Schools of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1063
FLOATING DOCKS, legalized...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 811
FLOATING BATHS, free public :
Maintenance, number and location of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 346
Berths for, to be furnished. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 725
FOG :
Navigation at time of, regulated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 758–759
penalty for violations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 760
FORECLOSURE SALES, fees in........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1088
FOREIGN CONSULS, notice to, by public administrator......... . . . . . . . . . . . . . . . . . . . 234
FORFEITED RECOGNIZANCES : -
Proceedings in Special sessions on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1477
To be filed and docketed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1480
Judgments in, controlled by common pleas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1480
No costs against city on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1482
When common pleas may vacate judgments on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1163, 1483
Judges of general sessions may vacate judgments on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1484
FORFEITURE OF CONTRACTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
INDEX. 39
Section.
FORFEITURE OF OFFICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57, 58, 59
FOUNDLING ASYLUM OF SISTERS OF CHARITY:
Per oapita allowance to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
r Payment to, for lying-in women. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
FOURTII AVENUE :
No elevated railroad in, above Forty-second street. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1946
Improvement of parks in portion of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 683
FRAUDS :
In assessments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 897–905
Upon emigrants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2054, 2055
Corporation officers committing, guilty of misdemeanor. . . . . . . . . . . . . . . . . . . . . . . . . . 57
FRUIT AND VEGETABLES, sales of, regulated by board of aldermen.............. 86
FULTON MARKET, powers of board of health as to..... . . . . . . . . . . . . . . . . . . . . . . . . . . . 538
G.
GAME LAWS, arrest and search warrant under. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1306
GAMING HOUSES :
Suppression of... . . . . . . . . . . . . . . . . . . . . . • * * * * g e º 'º e g º e º e º ºs e º ºs s tº e s is e º sº e s ∈ is s e s is º is a tº 285
Arrest of offenders... . . . . . . . . . . . . . . . . . . . . . . . . * e º sº tº s e º 'º e º e º e º e º e s is º ºs e ºs e º 'º a de e º e º 285
Ordinances Buppressing, may be enacted... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
GARBAGE :
Removal of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 708
Contracts for removal of.............. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 708, 709
May be cremated. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 710
In streets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1936
Scows and dumping-boards for.............................. . . . . . . . . . . . . . . . . . . 747
Boats carrying, to be propelled by steam................... . . . . . . . . . . . . . . . . . . . . 752
GARDEN, zoological and botanical, in park..................... . . . . . . . . . . . . . . . . . . . 694, 695
GAS-HOUSE REFUSE not to be thrown in waters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 751
GAS-TAR not to be thrown in waters.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 751
GASOLINE, storage of............................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 457
GENERAL FUND :
Rates of revenues of, not to be changed............ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179
Statement of, by comptroller.................... . . . . . . . . • * g º ºs e º e º & gº u ę & & e º ſº tº e º ſº & 829
GENERAL SESSIONS:
See SESSIONS, GENERAL.
GERMAN FIOSPITAL, may lease property from city. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
GLASS in streets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1937
GLENIDA TAKE, use of water of, for supplying city. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 380
GOVERNOR, ;
Designates judges of superior court and common pleas to hold supreme court. . . . . 1110
May suspend justice of marine court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1216
GOVERNOR'S ISLAND :
Ceded............ • a se e º e º e º e º 'º e º e º ºs e º e º ºs e º s º e º 'º e º e º 'º e º e º e º e º e º e º ºs º a º º is a º º ºs º ºs º is º 1633
United States lay pipes to... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 754
penalty for injury to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 754
anohoring over forbidden. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 754
GRADES :
Establishing and altering. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1962, 1965
consent of owners to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1962, 1964
Assessment for change of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S73
how paid and collected in twenty-third and twenty-fourth wards. . . . . . . . . . . . S74
Fixing and alteration of, by commissioner of public works. . . . . . . . . . . . . . . . . . . . . . . 342
GRAND JURORS :
Board to select, how composed. . . . . . . . . . . . . . . . . . . . . . . . . . . • & e º e g º e o a t w a tº e s is e e s e º ºs 1638
meetings of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1639, 1642
When and how drawn. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... e º e s ∈ e º ºs º a º 1646
Drawn by commissioner of jurors..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1648
List of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1641, 1642
How drawn and summoned. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1647, 1648
Number to be drawn. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1641
How selected. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1638
Who competent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1641, 1645
How lists of, made out. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1643
Drawing of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1644
Where º not personally served. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1650
Two grand juries at a time. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1651
Of general sessions................ tº e º 'º º 'º e º ſº º © tº e e º ºs º º º te e º ſº e º e º e º ºs e e º s e s tº e º º ºs e º 'º tº 1539
40 INDEX.
Section.
GRAND LARCENY, robbing from person is. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1446.
GREENPOINT, ferriage to. ....................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1969–1971
GUARDIANS, when aldermen appoint person to examine accounts of................. 1203
GUNS, ordinances may be passed as to use of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
GUNPOWDER. :
Manufacture and storage of.......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 455
Licenses for Bale of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 455.
VesBels arriving in harbor with. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 455.
| H.
HABEAS CORPUS :
Discharge of children from Society for Reformation of Juvenile Delinquents
under, limited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e a e s e s a s s a s - e < * * g e º e s - 1601
No fees on............. tº g º sº e º ſº e º e º 'º e º e a tº e º e º sº e º 'º e º e º 'o e º e is a e º nº º e º e º sº e º e s & ſº tº sº e º 'º' 1488,
What examined upon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1488
Bail in cases of............... © e º e s e - e. e. e º e s - a e e s g º a s = e e s ∈ s e º e º e º e º 'º - tº e s = e º sº * * * 1488
When issued by Superior court or common pleas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1155
PHABITUAL DRUNKARDS :
Committed to inebriate asylum.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1098-1101
discharge from . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1102.
HACKNEY COACHES :
Rates of fare may be regulated by common council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
License fee of owner of.................... e e - e º e > & e a e = e º e º e s - e. e. e. e. e º e º e s is “ s e s sº sº º 88
IHARBOP AND WATERS:
Harbor and port, limits of . . . . . . . . . . . . . . . . . . . . . . . . . . . e e g g g g g s 6 & e º e º a • * * * * * * * * 761, 803
lands under water, grants of, limited..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 729.
bulkhead lines, certain may be amended by department of parks... . . . . . . . . . . 730
piers, erection of limited....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 731, 732
removal of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 732
enalty for building beyond limit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 732
Harlem river, building on land under water of............... . . . . . . . . . . . . . . . . . . . . 733.
extension of time for....... e e º e º e = e s is e s a e o º e s e e º e s a s gº e e s e s - e º e s tº º e < * * * * * * * * 734
Incumbrance of
none to be caused. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 735.
removal of... . . . . . . . . . . . . . . . . . . . . . . . . . e tº e s e s e e s e º sº e e s e e s = e º 'º e s e º e < * * * * * * * * 735
expenses for. . . . . . . . e e º e e s a º e e s a e s s a e - e s tº s e •. e. e. e. e. e. e º a a s e s s = e s m e º 'º e º e s e º - 735.
Beines, use of, in Hudson river limited...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 737
poles for fishing, erection of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 736
nets, etc., where not to be set. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 738
use of, in Harlem and East rivers prohibited.......... . . . . . . . . . . . . . . . . . . 739,
Hudson river, what not to be thrown in............... • a s a e s e e a e s e s e s e e s a • * s • * * * 740
commissioner of street cleaning may dump Snow in..... . . . . . . . . . . . . . . . . . . . . . 741
punishment for violation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 742.
exceptions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * a e s e º e s e e = * * * * * * * * * * * * * 743
Liability of steamboat towing mud scow. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 741, 744
no compromise without consent of court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 745.
Ashes and cinders not to be thrown in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 746
penalty for violation. . . . . . . . . . . . . . . g tº e º sº e º a s e s a s s - e s s is e e s is º a s s e º 'º e º 'º e < * * * * * 746
Scows for garbage, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 747
Dredgings, where deposited.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 748.
Dead animals, etc., not to be thrown in............... © e º e º e º as a s e g s = * * * * * * * * * * * 750
permit for boats carrying. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 750
to be propelled by steam. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 752
penalty for violation. . . . . . . . . . . . . . . . . . • * ~ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 753
Governor's Island,
water-pipes, etc., may be laid to... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 754.
penalty for injury to... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 754
anchoring over, not permitted............ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 754
Vessels at anchor in might time
regulation for lights on. . . . . . . . ... • * - - - - - - - - - - • * g g º º ſº tº º t = e º e º a tº e s e º s • * * * * * * * * * 755
penalty for violation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 755
Buoys, mooring to, prohibited....... e e s e s e e s a e s e e s a s a e e s a s e e s s a s a s a • * * * * * * * * * * * 75%
penalty for violation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 756
East river, speed of steamboats on, regulated . . . . . . . . . . . . . . . • * * * * * * e º e º e º 'º e s e º ſº a tº 757
penalty for violation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 757
Fog, navigation in time of, regulated. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 758, 759
penalty for violation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 760
Pleasure excursions,
lists of passengers on steamboats engaged in... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 762
to be filed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 762
penalty for omission. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 762
persons engaged in, not to trespass on land. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 763
punishment for violation . . . . . . . . . . . . . . . . . . . . . . . . . . . ... • * * * * * * * * * * * * * * * * * * 76;
Lighters, name, etc., to be painted on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 764
penalty for omission. . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * * * * * * * * * * * * * 764
INDEX. 41
º Section.
II ARBOH AND WATERS–Continued.
Ballast, vessels carrying, to be licensed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 765
rovisions and term of license.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 765
y whom granted. . . . . . . . . . . . . . . . . . . . . . . gº sº e º s e º e < * * * * * * e s s is e s s e º a 6 & e & a s = * * * 765
fees for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 766
penalty for violation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 765, 766
Oysters, time for taking from Harlem river limited . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 767
penalty for violation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 767
E.; by owners of land. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 768
oats and implements when seized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 769
prosecution under provisions respecting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 770
Fines and penalties, to whom paid......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 771
when liens, how enforced... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 771
Pier8 and bulkheads, deemed to extend into the streets. . . . . . . . . . . . . . . . . . . . . . . . . . 771
HARBOR MASTERS :
Duties of, as to piers set apart for regular packet lines..................... 786, 787
pier8 used by regular steamboat lines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 793, 796
canal boats. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 789
Fee from canal boats, to be paid before clearance granted . . . . . . . . . . . . . . . . . . . . . . . . 806
Powers of, in assigning harbor accommodations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 807
Penalty for resisting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 795, 807
Falsely representing, penalty for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 808
To furnish copies of certain provisions of law . . . . . . . . . . . . . . . . . . . . . e e º a g º a tº a s s & & 9 809
Keep piers, wharves, and bulkheads clear. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 775
Report certain violations to pilot commissioners. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 810
Powers of, not affected by dock department. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 723
HARLEM .BRIDGE, no obstructions around landings of..... . . . . . . . . . . . . . . . . . . . . . . . . . 1958
HARLEM RIVER, .
Nets in . . . . . . . . . . . . . . . . . . . . . . . . º, e s s a e º 'º e s e º e º e º a s e < * * * * * * * * * * * * * * * * * * * * * * * * * 737, 739
Oysters in... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * e º e º sº e º is a s = e s e < * * * * * * * * * * * * 767
Survey of, by dock department............ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Bulkhead lines on, alteration of... . . . . . . . . . . . . . . . . . . . . . . . . . . . ... is a gº tº º q tº ſº . . . . . . . . . 730
Land under water of, erection on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 733
extension of time for... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 734
HARLEM HIVER IMPROVEMENT:
Mode of acquiring real estate..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 886, 895
Maps, etc., for, prepared by department of parks...... . . . . . . . . . . . . . . . . . . ... g º ºs º gº tº ſº 675
Bridges to be built by department of parks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 676
Acquiring land for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 678
And see SPUYTEN DUYVIL IMPROVEMENT.
HART'S ISLAND :
Under control of department of charities and correction. . . . . . . . . . . . . . . . . . . . . . . . . 389
Industrial school on.......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 388
And see CHARITIES AND CORRECTION, DEPARTMENT OF
HAY, storage of ................ * * * * * * * e º e º e º a s = e s e e < e < * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 462
HAY SCALES, mayor to regulate and license............ s is º is a º e º e º e s e º e º 'º e s tº gº e º is tº dº º & 111
HEADS OF DEPARTMENTS:
See DEPARTMENTS, HEADS OF.
HEALTH, DEPARTMENT OF:
Animals, dead, powers of board as to.
See ANIMALS.
Births, powers of board as to.
See BIRTIIS.
Board of health,
of whom constituted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * e º ºs e º ſº º 41
president of, who to be. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
salary of president. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • e & sº ſº tº gº º is a 52
meetings of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 582, 620
term of office of commissioners. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
jurisdiction of... . . . . . . . . . . . * - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 533
not required to do certain acts under former laws. . . . . . . . . . . . . . . . . . . . . . . . . . . 598
payments and expenses to be authorized by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 601
seal of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , ºr e º e s = e, e - e < * * * * * * * * * * * * 584
complaint book of........... • e º e º ºs e e s º e º e º e º ºr e = * * * * * * * * * * * * * * * * * * * * * * * * * * * 579
suits by and against. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 616
powers of, when extended...... • e º s sº gº is & e º a sº a ſº e e º e º e º e º 'º e º e º e º e º e º ºs º a tº e º sº e º 'º 559
when delegated to president or sanitary superintendent. . . . . . . . . . . . . . . . . . 583
warrants, power to issue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 623
things dangerous to public health, power to remove . . . . . . . . . . . . . . . . . . . . . . . . 541
Fº duty during...... • * * * * * * * * * * * * e s is e º ºs e e º tº º e º e º sº e º e s = e s * * * * * * * * * * 580
ealth laws of state, may be enforced by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 570
health officer, notice to, of impending dangers to public health . . . . . . . . . . . . . . • 573
to co-operate with. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 573
hospitals, to report to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 570
poor, relief of, by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 553
aBylums, to report to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 570
quarantine commissioners, notice to, of impending dangers to public health. . 573
42
INDEX.
. Section,
IIEALTH, DEPARTMENT OF-Continued.
false reports to, penalty for making............ . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 626
ooroners, power of, over . . . . . . . . . . . . . . . . . . . . . . . . . , e º e º sº tº e º ſº º tº dº º e º ºs º dº e º e º g º º 568
records of publicity of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 585
information to be published by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 585
ordinances, records, etc., of, when to be received as presumptive evidence.... 621
witnesses in proceedin S before health board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ($15
expenses incurred by, how paid....................... . . . . . . . . . . . . . . . . . . . . 595, 64
actions brought by, in what courts, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 622
When not to abate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 622
enjoined, how may be..... tº e s a e º ºs e º e º sº tº e º tº , a e s - e e s s a e s a s • * * * * * a s e < * * * s • e º e 1088
provisional remedy by.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1088
Security by, on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 1088
party to Buits, when made. . . . . . . . . . . . . . . * * * * * g e º º e s is a e < * * * * * * * * * * * * * * * * * * * 618
undertakings, when not to be given by................ . . . . . . . . . . . . . . . . . . . . 619, 1088
health laws, actions for enforcing, by........... . . . . . . . . . . . . . . . . . . . . . . . . . . . 617, 622
injunctions against . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 619, 1088
actions for compensation and damages, liable for . . . . . . . . . . . . . . . . . . . . . . . . . . . . 599
bills of health...... • * e e º e º e s e º ºs e º e º e s sº e e º ºs e e º dº º e º e º e º ºs e º º ºs º e º e º s e º a s is sº a º e 573
night soil, contract for removal of..... . . . . . . . . . . . . . . . . . . . . p e s ∈ a • * * * * * * * * * * * 566
obstructions in streets, powers over........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 538
policemen detailed to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296
may appoint agent for prevention of introduction of disease. . . . . . . . . . . . . . . . . 560
may order vessels and cargo to be removed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 541, 542
president of, and duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 584
temporary, when appointed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 584
orders of board, when to be changed by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 535
Secretary of, and duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * 584
power to administer oaths. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 593
temporary, when elected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 584
chief clerk of, designation of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 584
duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '• • * * * * * 584
attorney of, and salary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 589
register of records, and duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º º $ tº 534
Sanitary inspectors, number and appointment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . 588
qualifications of....................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 588
salaries and duties of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 587, 588
Powers of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 592
sanitary engineers, employment of........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 590
sanitary superintendent, and qualifications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 534
general duties of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 586, 587
º to administer oaths in certain cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 593
Bone-boiling,
See BONE-BOILING.
Bureaus in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 534
By-laws, rules and regulations,
power and authority to pass. . . . . . . . . . . . . . . . . . . . . . . . 4 tº º e º e g g g tº t e s s e e g º ºs º ºs tº * * 584
enactment of, for board, officers, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 584
refusal to obey or conform to, how punished . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 622, 625
Cattle driving, powers of board as to.................... . . . . . . . . . . . . . . . . . tº tº e º is ſº (51.3
Commissioner of street cleaning to be appointed by mayor on approval of... . . . . . 107
A mud see CATTLE.
Commissioners,
number of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e e e s is a tº e s e e s e e s is a s a e º s e s s e º e º 'º & 41
qualifications required in... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
salary of commissioner, other than president. . . . . . . . . . . . . . . . . . . . . . . . . . º e º e º 'º 52
terms of office. . . . . . . . ... • * * * * e s e s = e º e s e s a s e e s s e s e e e e s e s e e s a • * * * * * * * * * * * * * * 41
Contagious and infectious diseases,
protectlon of city against. . . . . . . . . . . . & e º e s a e e º s & a s s a tº e º e e e º gº e º ºs e s tº a e º 'º s tº * * 555–560
powers of health board concerning ......................................549, 351
measures to prevent spread of... . . . . . . . . . . . . . . . s is e a s s a e º e s as e s ∈ e s is e s a e s p * * * * à
cases of, report of, by physicians. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 608
effect of, on commercial paper... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2026
Fº sick with, removal of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 549
oard of health to erect hospitals for reception of people sick with. . . . . . . . . . . 550
aliens and non-residents . with, sent to marine hospital. . . . . . . . . . . . . . . . . . 551
communication with house or person infected with, how prevented . . . . . . . . . . . 555
communications with portions of city infected with, how prevented. . . . . . . . . . 555
gº powers of board as to........ • * * * * * * * * * - - - - - - - - - - 'e e < e s ∈ e º e is a e s a tº e º & a º 568
08,Ol.
See DEAD.
Deaths.
See DEATIIS.
Drainage, powers of board over....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... .538, 56.1
Construction of drains by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 562–565
Fulton market, powers of board over . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 538
Head of, of whom composed. . . . . . . . . . . . . . ſº e º sº tº ſº & & e º 'º tº º. . . . . . . . . . . . . . . . . . . . . . ... 41
Health laws, Røſ)
refusal to obey or conform to, how punished. . . . . . • * * * * * s s e s e e s e a e º e s a s e º 'º " " 622
INDIEX. 43
Section.
HEALTH, DEPARTMENT OF-Continued.
Health laws,
violations of, how punished. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... ...622, 625
examination as to, before justice of supreme court. . . . . • * * * e s e g º ºr º e º 49 s e º e 614
reported by police officers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 594
arrests for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 623
penalties for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 622
owers of police to enforce. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 594
§. of police as to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 594
Hospitals, temporary, what buildings may be used for. . . . . . . . . . . . . . . . . . . . . . . . . . . 550
Infected places.
See INFECTED PLACE8.
Judgments of.
See JUDGMENTS.
Liens in favor of.
See LIENS.
Marriages, reports of.
See MARRIAGES.
Markets, powers over.
See MARKETS.
Nuisances,
definition of... . . . . . . . • * * * * * e º e ºs e º a s e e e - e. e. e. e. e. e s m e º ºs e ºs e e s = º a • * * * * * * * * * * * * * * 636
what may be declared to be. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 535
removal or abatement of . . . . . . . tº p 6 e º e º 'º e º e º e º 'º e e s º e º e º e º 'º - * * * * * * 535, 538, 541, 542
order for removal of ....... • e s e e e s e º e e a • e º 'º e s e e º a • e e s e e s e e º e s e s a s e s s e s e s e s is 535
service of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 578
when stayed or modified. . . . . . . . . . . . . . . . • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 535
hearing of parties thereon. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 535
expenses of removing, how paid...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 541, 630–635
suits to abate, proceedings in . . . . . . . . . . . . . . . . . • * * e s e e s - e º 'º e = e s a e s s e e s s 636–648
Officers and employees,
appointment of.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * e º 'º º tº a tº 48, 588–590
offices for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 581
expenditures by. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 581
salary, when forfeited . . . . . . . . . . . . . . . . . . . . . . e e e s e e e s = e s a s • * * * * * s e e s = < * * * * * * * 581
liability of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 599
É. Fº to enter. . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 592
adges to be worn by . . . . . . . . . . . . • e º e º & e º e º e º e º Aº ‘e e º tº e º 'º e º 'º e º & © e s a tº e º - tº e º e º 'º 591
falsely representing, penalty for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 622
powers and duties of, how fixed..................... . . . . . . . . . . . . . . . . . . . . . . . . 575
when imposed on police . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 594
Orders of, º
execution of, by police officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
health officers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...595, 596
how rescinded or modified. . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * * * * * * * * * * * * * * * 575
Service of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 577, 578
expenses of executing, reimbursement for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 630–635
statement of, to be filed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (533
how paid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 595
how recovered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * 633
suits may be commenced for. . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * e º e º 'º e o e º 'º' 631
when to become a lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 630, 632
when lien upon rent and certain compensation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 633
proceedings to make such liens effectual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 633–635
changes or modification of..... tº º e º a s e o 4 tº e º e º e º 'º e a e < * * * * * * * * * * * * * * * * * * * * * * * * 535
violations of, how punished...... º a e º e º ºs º e º tº e s a tº º a e e º e º º e º 'º - e º ºs e s a e e º 'º 55S, 622, 625
Penalties,
right to sue for ..... * * * * * * * * * * * * * * * * * * * * * * * * * * e e < e < * * * * * * e º e º e s a e º e - e º 'º e s tº e 632
when joined with suit for expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 633
when not fixed by law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 622
violations of health laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 548, 610, 628
Powers and duties, general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .538-601
Physicians, reports of.
See PIIYSICIANS.
Plumbing, plans for to be approved by...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3501-537
Proclamation that district is infected. . . . . . * - a tº a e º s e e º e e º a e e º 'º e º 'º e e º e º e º 'º e = * * $2026–2031
Sanitary code,
refusal to obey or comply with, how punished. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 622
when to be published. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 575
additions to, made by board. . . . . . . . . . . . • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 575
publication of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 575
executed by police. . . . . . . . . tº e º e º 'º e º 'º e º e a e tº º e º is e º e º 'º a tº e s e a e º 'º tº e º a º e º e º 'º e a e º e 594
violations of, a misdemeanor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 575
certain provisions of, to be enforced by board of health...................... 576
Sanitary oompany of police. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296
Tenement and lodging-houses.
See TENEMENT AND LODGING-LIOUSES.
44 INDIEX.
Section,
IIEALTII, DEPARTMENT OF-Continued.
Vaccination, measures relative to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 553
corps of vaccination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 558
officers appointed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 553
vaccine lymph and virus, preservation and sale of . . . . . . . . . . . . . . . . . . . . . . . . . . . . 554
HEBREW BENEVOLENT SOCIETY:
Annual appropriation to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
Children committed to . . . . . . . . . . . . . . . . . . e - e o e s a e s s s e e s e e s • * * * * * * * * * * * * * * * * * * * * * 1625
HELL GATE PILOTS :
Complaints against. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2127, 2135
Who not compelled to take. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2133
Negligence of... . . . . . . . . . . . . . . . . . . • , s , s , , e. e s e º e º s • * * * * * * * * * * * * * * * * * * tº e is e º 'º e º & 2136
Deliver license on suspension. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * 2137
To receive and show instructions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2139
Pilotage to be taxed by port wardens. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2140
Punishment for intoxication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2141
How fines and penalties applied....... • * * * g a e s e º e s e e s a s e s e º 'º tº e = * * * * * * * * * * * * * * * * 2142
HELL GATE PILOTAGE, disputes as to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2140
HIDES, health board, powers over. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 547
HOISTWAYS :
Trap doors and iron shutters, when to be closed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 453
Penalty for not closing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 453
Liability, in case of loss to life and limb.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 453
Iłailings and trap doors for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 487
HOME FOR CHRISTIAN CARE, committal of children to . . . . . . . . . . . . . . . . . . . . . . . . 1617
IIOME OF FALLEN WOMEN, when prostitutes committed to . . . . . . . . . . . . . . . . . . . . . 1466
HOME FOR FALLEN AND FRIENDLESS GIIRLS, per capita allowance to . . . . . 208
HOME FOR INCURABLES, exempt from taxation................................. 824
HOSPITALS : -
Exemption of, from taxation,
New York. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 824
Presbyterian. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 824
Roosevelt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 824
St. Luke's. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 824
For reception of persons wounded, etc., in streets ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . 390
Temporary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 550
Asylums, etc., reports from, to board of health. . . . . . . . . . . . ... º e º 'º e s tº e º º q & & e s tº e º 'º tº º 570
HOTELS : ſº
Death of strangers in, to be reported to public administrator. . . . . . . . . . . . . . . . . . . . . 246
penalty for failing to report ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246
For sailors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2071—2082
HOURS OF BUSINESS of departments to be published............................. 68
HOUR'S OF RUNNING FERRY BOATS. . . . . . . . . . . . . . . . . . . . . . . . . . . 1967–1970, 1974, 1977
IIOUSE OF DETENTION for witnesses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256
HOUSE OF GOOD SHEPHERD :
When prostitutes committed to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1466
payment for, by city. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
HOUSE OF INDUSTRY, Five Points, per capita allowance to. . . . . . . . . . . . . . . . . . . . . . . 194
HOUSE OF MERCY :
When prostitutes committed to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1466
payment for, by city . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
HOUSE OF REST FOR CONSUMPTIVES, exempt from taxation........ . . . . . . . . . 824
HUDSON RIVER, ;
Jurisdiction over as to criminal offenses. . . . . . . . . . . . . * - - - - - - - - - - - - . . . . . . . . . . . . . . 1442
Vessels at anchor in, to show lights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 755
Regattas on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 294, 295
police keep course clear for..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 294, 295
Matters not to be deposited in waters of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 740, 743
Netsin. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 737
Fishing with mets in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 737
Obstructions in.
KSee IIARBOR AND WATERS.
Piers on part of, appointed to certain barges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 797
HUNT'S POINT DISTRICT :
Bonds to be issued for improvements in. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
Commissioners of public parks to proceed with imporovement of... . . . . . . . * * * * * * * (386
INDEX. 45
Section.
IDIOT IMMIGRANTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2064
IMMIGRANTS :
See CMIGRATION.
IMPROVEMENTS, PUBLIC :
How paid for, when assessments insufficient. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
When expenses of, collected. . . . . . . . . . . . . . . . . - * * * sº e º 'º a e g º is e e s tº $ & e s is is s & e º e º e s tº º 879, 880
IMPURE MEATS, etc., removal of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 566
INCORPORATED COMPANIES, collection of taxes from... . . . . . . . . . . . . . . . . . . . . . . . . 848
INCORPORATED INSTITUTIONS, commitment of children to... . . . . . . . . . . . . . . 1594, 1632
INCUMBRANCES, bureau for removal of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 317
INDICES OF DEEDS, otc., sale of, by comptroller. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
INDICTMENTS :
For nuisances, place of trial of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1441
INDIGENT PERSONS, lodgings provided for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
INDUSTRIAL SCHOOL, HART'S ISLAND :
See CIIARITIES AND CORRECTION, DEPARTMENT OF.
INDUSTRIAL SCHOOLS, annual appropriation for destitute children in. . . . . . . . . . . . . 194
INEBRIATE ASYLUM:
Powers to commit to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109S
Who may commit to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1098
Procedure on committal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1099–1101
Discharge from . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1102
And see CILARITIES AND CORRECTION, DEPARTMENT OF.
INEBERIATES :
See CHARITIES AND CORRECTION, DEPARTMENT OF.
INFANT ASYLUM, New York:
- Annual appropriation to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
Commitment of children to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1627–1632
INFECTED PLACES :
What considered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 556
Mayor's proclamation concerning. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 556
Vessels arriving from, subject to quarantine. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 557
Intercourse with, how regulated. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 558
Registry of places of business, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2026, 2027
Drafts, notes, etc., presented for acceptance in... . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2028–2031
INFIRMARY FOR WOMEN AND CHILDREN, NEW YORK :
Per capita, payment to . . . . . . . . . . . . . . . . . . . . . . . . . © e º 'º e s sº e º a s a e s e º 'º e º e s is e º 'º e º e e s e 194
INJUNOTION :
Against scavengers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1093
Against unlicensed places of amusement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2005
Against board of health. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 619, 1088
INQUESTS, motice of, to board of health. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 568
INSPECTION :
Of steam boilers. . . . . . . . . . . . . . . . . . * tº e º 'º e º e º ſº tº e º e < * * * * * * * * * * * * * g e º ſº e s e e º e º e º 'º e e 310–313
Of buildings.
See BUILDINGS, INSPECTION OF.
Of certain articles, ordinances may be passed as to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
INSPECTOR OF BUILDINGS:
See BUILDINGS, INSPECTOR OF.
INSPECTOR OF COMBUSTIBLES:
See FIRE DEPARTMENT.
INSPECTOR'S OF ELECTION :
How rule off registers. . . . . . . . . . . tº tº s tº e º sº in º e º & tº e º 'º e º º sº e º e º ſº tº $ tº º e e º 'º e º 'º e º 'º e º e º e º gº a 1862
Each retain his register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e s e e º e s ∈ n is a e º e º e tº 1864, 1866
have copy on election day. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1866
How receive votos. . . . . . © c e º e º 'º e e º e s = e s e e s tº e º e º e e * * * * * * • * * * * * * - - - - - - - - - - & tº dº e º 'º & 1866
Not receive vote unless three agree. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1866
To note violations of law. . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * g e , 1866
Compare registers after polls close. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1866
Correct by copy of record of deaths. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1868, 1869
To return record of deaths. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1870
To mark names for challenge, . . . . . . . e e s e e º e º 'º e s ∈ t e º 'º e s & e s m e º e < * * * * * * * * * * * * * * * * * 1872
To hear electors. . . . . . . . . . . . . . . . . . . . tº e º 'º e e g º a tº s = * * * * * * * * e º 'º a Q & e º e º 'º e s e e s s º e º e s gº 1872
Protect challengers. . . . . e e º e º e º e º e s e s tº e º e is a e º 'º e s tº tº e º tº e º a t e º e º e e º is a e o e º ºs e < e º e º a e 1874
Oath to voter registered in another district. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1875
When majority necessary to act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1876
To be in constant attendance during hours fixed............. * > * > * ºn e º e º ſº e º e º te e g º º 1877
May canvass district. . . . . . . . . . . . . . . . © tº e e º e s a s e º e º e < * * * * e º e º 'º e a tº e º e a s a e e s e º e º e º e 18
79
Duty as to canvass of votes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1882, 1885–1898
46 INDEX.
Section.
INSPECTORS OF ELECTION.—Continued.
Have power to preserve order and enforce obedience. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1856
Keep access unobstructed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1856
Protect voters and others . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1856
Appoint persons to assist. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * 1856
When to meet. . . . . . . . . . . . . . * c e º e º 'º e º s e s tº e º ºs e º 'º e & & & e s is a e º 'º tº gº tº sº tº e º is e s is is is ... .1858, 1859
How organize . . . . . . . . . . . . • * is a sº e º e s is e º 'º e s is tº a 6 tº e s e º s º e s is º & e is a “ º e º 'º tº s e º e º is e º sº us g 1858
Receive applications for registry ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 1858
Examination of applicants... . . . . . . . . . . . . . , is a tº a sº e º e º e is a tº e º e º e º º is a s e s a e s is e º e 1858, 1859
Hours in session. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1858
What enter on register. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1858
Three necessary to decide as to qualification of applicant ... . . . . . . . . . . . . . . . . . . . . . 1858
Duties at revision of registration. . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * g º & & is g g tº e º 'º dº & º gº 1859
Duties as to removal of voter............................................... 1859, 1860
How certify and file registers. . . . . . . . . . . . . . . . . . . . . . . . . . . . .................. 1861–1863
And see ELECTIONS.
INSPECTORS, SANITARY :
See IIEALTH, DEPARTMENT OF.
INSPECTOR'S OF SCHOOLS:
See SCIIOOLs.
INSPECTORS OF WEIGHTS AND MEASURES, fees and duties of, may be regu-
lated by board of aldermen............. ... * * * * * * * g e e º is a ſº tº º e º te e º e º e º ſº e º 'º e s tº º ºs e º 'º
INSANE PERSONS, discharge of, from county lunatic asylum....................... 415
And see CHARITIES AND CORRECTION, DEPARTMENT OF.
INSOLVENT DEBTORS, power of common pleas to discharge....................... 1164
INSURANCE COMPANIES :
Not to grant permission to deal in certain combustible and explosive materials.... 459
Foreign, tax on................ tº e º e º e º 'º e º 'º e º º e º ºs e º e s e e º e s s e º e º e s º is ſº e s tº º s e º ºs e º is 22–532
INSTITUTION FOR BLIND, allowance to, for clothing of inmates.................. 194
INSTITUTIONS, CHARITABLE OR REFORMATORY:
Appropriation for support of poor in...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194, 195 .
What institutions entitled to appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
Excise moneys may be appropriated for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210
how paid over. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210
INTELLIGENCE OFFICE KEEPERS, powers of police over........................ 283
INTEREST ON TAXES, assessments and water rates............. . . . . . . . . . . . . . . . . . . 918
INTERPRETER, ;
Of marine court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1228, 1229
In district Courts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1433
Of general Sessions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1531
In police courts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1546
Of police courts, Balary of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1546
Of district courts, Balary of . . . . . . . . . . . . . . . . . . . . . . . * gº e e g º º º º is tº º ſº º ſº e º e º 'º e tº e º 'º g g g tº 1546
INTOXICATION :
Punishment for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1562
Fines for, how disposed of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... 392
ISLANDS :
What included within city. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Water supply for certain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º 'º e º e º ºs e º sº e º e º e º e is tº e º a tº º 356
ISSUE :
Note of, only one necessary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º e s e º e s e e º e º e º 'º s & 1080
In marine court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º ºs º e º e º ºs º º gº tº º e º ſº º º 1240
Date of, in passed cause...... tº e s e o e º a e s tº s s a s a sº e º e s e º e s tº e º e s a s g º ºs e º e s e º ºs e s a e 1082, 1083
J.
JAIL : .
Designated by common council. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
For civil prisoners. . . . . . . . . . . . tº e º e s a e s e s s e s s a e e s e º e º 'º e o e s e s ∈ a e * g e º 'º e º 'º e º ſº ºf ſº e º sº . 1715
to be in charge of Bheriff. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • e º s e º e º e º e º º is is tº º 1715
Physician to s • * * * * c e s a s as e a s e e s e º e º 'º e o 'º e º 'º a tº e º e e s ∈ s s º is e s tº e e s e e o e s a s e e s • * * * * * * * * * 9.
JAMES STREET ferry regulated........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1968
JANTTORS: ©
Of district courts, - i.
appointment and Balary of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1435
annual appropriation for salaries of... . . . . . . . . . . . . . . . . . . . . . . . . . . . © e º e º e º 'º º ... .194
Of Schools, removed by trustees. . . . . . . . . . . . . . . . . . . . . . . . . . . e e a s , s e e s e e s a tº e º & Q & 8 º' 1038
JUDGE: *
Who allows one not an attorney to practise, penalty upon...... . * * * * * * * * * * * • a e s & 8 1978
Proceeding before, out of court, continued before another..... © e º e º 'º e e .......... 1076
And see the Several COURTS.
INDEX. 47
JUDGMENTS: Section.
Against corporation,
when not to be recovered for printing and stationery, after certain date....... 68
sum for payment of, to be assessed and levied. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193
Sales of real estate under. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1088
On forfeited recognizance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1480
common pleas has jurisdiction over. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1480
fees on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • e º ºs e º 'º e s s s e º & e e º 'º e s tº e º º ºs e e º e º e º 'º - 1481
when and how vacated . . . . . . . . . . * tº e º 'º - e º e s is is e º e e s tº e º e º ſº e s - © s is a º e a s a tº e º º 1483–1485
Fees of county clerk for docketing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1735
Docket of, to be copied. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1734
Of board of health, expense of executing a lien upon rent, etc. . . . . . . . . . . . . . . . . . . . 633
Proceedings to make such liens .# * @ e º e g º ºr e s e º a tº * is e a tº a s e º º e s is tº a 4 º' s e º sº tº t e º & 633
In lien cases..... e e e s e e º e s e e s a s e e s e e e e s e s w a e s ∈ e e s • e º e o e s e s e e a s e e = e s e e s • e º e º 'º e 1824
In court of arbitration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * * * * * * * * * * * * 1802
JUDGMENT CREDITORS’ ACTION, jurisdiction of superior court and common pleas 1126
JUDICIAL DISTRICT, First, how constituted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1075
JUDICIAL PROCEEDINGS, publication of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 1093
JUDICIAL SALES, fees for... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1088
JUNK SHOP keepers:
Powers of police over..... tº e < * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * e º 'º e º is a e º 'º g tº e . 283
Common counsel to regulate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
May be required to obtain licenses. . . . . . . . . . . . . . . . . e - e º 6 º' - a - e. e. e. e. e g º e º e º e s e º 'º e e G • 86
JURISDIC'1'ION :
Of city, as to crimes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • e e º ºs º º 0 to 1442
Qf superior court and common pleas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1126, 1131
Of crimes on East river bridge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1981
Of district courts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1289
Of court of arbitration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1789, 1790
Ceded to United States. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1633
JURORS:
Qualifications of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1652
Who deemed a resident. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1653
Persons exempt from service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1654
Evidence of right to exemption. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1655
Military officers to deliver list to commissioner of jurors........ . . . . . . . . . . . . . . . . . 1 (556
Jury year, length of service..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - - - - - - - - - - - - - - - - 1657
Temporary excuse of i. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * e e s e e º e s = e s is e = < e º e s a 1658
For what causes, and how excused. . . . . . . . . . . . . . . . . . . . . . . . . . . . . • a s e º - a e s tº e - sº º ºs e - 1659
Applying to be excused, must produce notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 (j60
Service in a court not of record. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1661
Clerk to return attendance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1662
To be selected by commissioner, his powers. . . . . . . . . . . . . . . . * * * * * is s & e º ºs e º a tº e s is a tº 1(563
General powers of commissioner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1663
Public officers required to aid him. . . . . . . . . . . . . . . . . . . . . . . . . . . .................. 1665
Expenses of his office, how paid, rooms, etc........ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1666
Preparation of list of jurors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . 1667
Persons required to testify as to º liability. . . . . . . . . . . . . . . . * @ º e s tº º e s a e º 'º e º 'º e 1668
Return of lists of, to county clerk. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1669
Ballots. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . © e º 'º e º 'º' 1670
Supplemental lists. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1670
Number of jurors for each term of court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1671
Drawing jurors, what officers to attend. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1672
Notice of drawing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1673
When drawing adjourned. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1674
Drawing, when term consists of two parts.................................. . . . . . 1677
How drawing conducted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * . 1676
Notice by commissioner to jurors drawn....... . . . . . . . . e e s ∈ º e º e e s e e º a tº e e º e º 'º e e e . 1678
To be notified by sheriff. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . º e º e e º e º e º 'º º e º 'º º ... 1679
Clerk of court to certify as to mode of service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1680
Court may order additional panel...................... * * * * * * * * * * * g e º e s e º e º e s tº º º 1681
Fine for non-attendance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • - - - - - - - - - - . . . . . 1682
remission of... . . . . . . . . . . . . . . . . . . . . . . . . . . . • e º e º 'º e e s e º e s e º e º e º e s p = e e . . . . . . . 1682
May be arrested and compelled to serve. ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1683
Jurors for district oourts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1684
Sheriff's jury, how selected, etc. . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * . . . . e. e. e s e o e s e s a 1685
Board for enforcement of jury fines. . . . . . . . . . . . . . . . . . . . * * * * * * * * * * c e s tº e º 'º e º 'º e º is a tº 1687
Powers of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº º º tº º e º tº e º 'º - e. e. e s - º ºs e ſº ... .1687, 1688
Provisions for collection of fines of.................. • * * * * * * * * * ~ e e s e e º s e e º e º e 1689–1692
Physician giving false certificates to...... * * * * * * * * * * * * * * * * * * * * * * * c e º 'º e º a gº tº tº a ſº º º º 1693
Refusing information or giving false information. . . . . . . . . . . . . tº t e º e º e a * c < n < * c s e º 'º 1694
Bribery by juror. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º te e e tº e º 'º e º 'º tº e º e º 'º e º e º ºs e s tº e º e . 1695
Bribery of officer. . . . . . . . . . . . . . . . . . . . . . . © º ºs º & © • * * * * * * * * * * * * * * * * * * * * . . . . . . . . . . . . 1696
Concealing offer to take bribe, cte. . . . . . . . . e tº e º 'º e s - e = e º e º e s e e s e º e e º e º e . . . . . . . . . . 1697
False swearing, deemed perjury. . . . . . . . . . . . . . . . . . & º e º 'º e º e > * s e º 'º e º ºs e º ºs * G tº dº tº º ºs e º 'º . 1698
Lists of, to be furnished to district courts. . . . . . . . . . . . . . . . . . . . . . . tº e = e º 'º - e º e º 'º e e º e 1871
And see JURORS, COMMISSIONER OF
JURORS IN DISTRICT COURTS. . . . . . . . . . . . . . . . . . st 1371
§ 3 - © e º e º tº © e º 'º º 'º e º e º e º 'º e e º e e g º e º
48 INDIX.
Section.
JURORS, COMMISSIONER OF :
To be nominated by mayor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10(3
Salary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1634, 1635
Allowance for expenses, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194, 1635
Salaries of subordinates. . . . . . . . . . . . tº e º e s ſº tº º e º 'º a tº e s tº e º e º is tº e g g g is a g º gº is e º g º e º ºr wº 200, 1635
Bond. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1636
Number of grand jurors to be drawn by... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1749
Be judge of qualifications of grand jurors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1637
Hear claims for exemption....... * * * * * * * * * * * * * * * * is a s e º & e º is ºn tº a t t e º 'º gº a dº e º a tº a º ºs º º tº 1637
Be clerk of board to draw grand jurors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 1640
Furnish lists to district courts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1371.
To select trial jurors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * g e º º sº tº e º e º 'º º 166;
May issue certificate of exemption. . . . . . . . . * * * * * * s e e s is a s is a s is a tº s º º a º ºs e s is e s m e º is a º . 1663
Keep record of proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1663
Collect fees. . . . . . . . . . . . . . . tº º sº tº ſº tº a º e s tº º ºs e º 'º m e º e º e º e º 'º º it e s tº º e º is a tº e º ºs e e ſº e s º a s & E & © 1663
Appoint clerks and fix compensation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1664
Designate assistant to attend drawing.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1664
Administer oath. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1664
Authorize assistant to administer oath . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1664
When lease rooms. . . . . . . . . . . . . . . § º e º 'º º $ & sº tº tº $ tº º & tº it is º is tº º ſº e º is tº £ tº º ſº tº ſº tº º sº tº e º sº e º e º ſº tº G 1666
Hear and determine claims for exemption.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1667
Summon persons to testify as to liability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1668
Return lists to county clerk... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * g º e s tº a º g tº 1669
Strike off those exempt or disqualified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1669
Prepare ballots of jurors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1670
Attend drawing of trial jurors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1672
Issue notices to jurors drawn . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1678
Transmit to sheriff list of sheriff's jurors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1685
Serve notice on delinquent jurors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1686
JIow notice may be served. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1686
Decide as to remission of fines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1686
Appeal from. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1686
Issue warrant to collect fines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1689
File certificate of uncollected fines. . . . . . . . . . . . . . ... • * * * * * * * * * * * * * * e s e º e º º e º is e º e s ∈ e 1690
Receive fines or penalties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1691
Render annual account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1691
Require corporation attorney to collect penalties. . . . . . . . . . . . . . . . . . . tº e s & & g º is a g º e is 1692
JURY FINES :
Board for enforcement of, -
who constitute. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1687
appeal to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1686
when and where meet. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1687
powers of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1687
compel attendance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1688
compel payment of fines. . . . . . . e g g º e º e a s e º 'º e s e e s a s e a s a s e s s e e s e s e a s a s e a s a t t e e 1688
JUSTICE who allows one not an attorney to practice, penalty upon...... . . . . . . . . . . . . . . 1078
JUSTICES OF DISTRICT COURTS, salaries of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1543
And see DISTRICT COURTS.
JUSTICES OF SUPREME COURT, additional compensation to. . . . . . . . . . . . . . . . . . . . . 1108
And see SUPREME COURT.
JUVENILE ASYLUM, NEW YORK :
Committal of children to . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * * * * * * * * * * * is e º 'º e º 'º º 1608–1614
Mode of committal to. . . . . . . . . . . . . . . . tº a ſº e º e º e º e e s is e º e º is sº e g º is e e º sº º e º e º ºs º º is a s a º 1608–1614
Discharge of those committed . . . . . . . . . . . . & s tº gº tº g e tº a º e º is a y º e º e º ºs e e º º ºs e º in a tº º e s tº e º ſº 1615
Transfer of those committed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1616
Receive per capita allowance for children..... • * * * g e º ºs e º e º º me tº e º is e < * * * * * e s tº e º e º 'º º º 194
JUVENILE DELINQUENTS, SOCIETY FOR THE REFORMATION OF :
Commitment of children to . . . . . . . . . . . . . . . . . tº º tº e º sº e º e º e º is e º 'º e º s g º g tº . ........1594, 1597
Receive, instruct and bind out vagrant or convicted children............ ......... 1594
What criminals consigned to care of........... tº dº º ſº tº e s º a º g º e º is tº º is g g g tº ſº tº ſº º is tº e º & tº . 1595
Who disorderly children........ tº º e º e º & e s e º e º ºs & º ºs e s tº e º º º is ſº º ºs e º is º a º e g º º e º ....... 1596
Managers ascertain true ages. . . . . . . . . . . tº gº tº e º e º e tº º e s tº a s e e s a tº a s e s we e º e º 'o e º & a 6 s is a s ºf 1595
Inmates guilty of arson or violence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1598–1600
Discharge of inmates on habeas limited. . . . . . . . . . . . . . . . . . . . . tº e º 'º e a º ſº º e º ºs e sº tº a º º tº “ 1604
To sue for penalties for violation of law requiring theatre licensos, etc. . . . . . . . . . . . 1999
Theatre licenses to be paid to.... . . . . . . . . . . . . . . . . . e e s a t t e e s tº e e s e s a e s e s is e e s tº e º e º 'º 2001
May obtain injunction against theatres, etc., opening without license. . . . . . . . . . . . . 200;
Schools of, subject to board of education........... * tº e º e s ∈ e a e º sº e s s a s tº e a s e a e º e º & 9 10%
entitled to share in school moneys............ tº ſº e s tº e º ºs e º G & º º tº a e e s m e º e e s a e º 'º a 1066
R.
REEPER OF PRISON cannot be bail. . . . . . . . . . * @ º º is e g tº tº e º ſº e º ſe tº tº e º ſº tº p is e º 'º e º te tº e º 'º ... 1489
KEEPERS, PARK......... * * * * * * * * g. s is e e e º e g º gº e º 'º e º e e s tº e a e º e º e s e º e º e º e s e e º v e i t t e º e e 689
KEROSENE, sale and storage of........ tº e º is e º ºs e g º 'º e º e e s º tº ſº e º ſº º is º e is tº e s a tº e º 'º ſº e º sº tº . . . . . 457
INDEX. - 49
L.
Section.
LADIES' HOME MISSIONARY SOCIETY, Schools of... . . . . . . . . . . . . . . . . . . . . . . . . . . 1063
LADIES' UNION AID SOCIETY, exempt from taxation. . . . . . . . . . . . . . . . ........... 824
LAKE GLBNIDA, water from....................................................... 380
LAKE MAHOPAC, water from.......................................... ... • * * * * * * * * * 380
LAM1°S : g
Penalty for injuring. . . . . . . . . . . . . . . . . . . . . . . . . . . . • - - - - - - - - - - - - - - - - - - - - - - 1953, 1954–1957
Authority of department of parks as to.................................. ... • * * * * * * * 691
LAMPS AND GAS, BUREAU OF........................................... * @ e s a tº 317
LAND UNDER WATER :
Grants of limited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 729
Title of State to, may be conveyed to city. . . . . . . . . . . . . * * * * * * * e º ſº tº e º e º 'º º e º º tº dº º is e 720
LANDS :
Jurisdiction over certain, ceded to United States...... . . . . . . . . . . . . . . . . . . . . . . . . . . 1633
Unclaimed, city to take. . . . . . . . . . . . * * * * * * * * * * * * * sº e s a s sº a º s e º e = a se e s s e s e s sº a s e e s e s e 935
Water supply, proceedings for acquiring title to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 367–37
And see STREETs, etc., OPENING OF.
LARCENY :
Second conviction for... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1444
Intent to commit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1445
Robbery from person is. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1446
LAW IDEPARTMENT:
Head of. ". . . . . . . . . . . . . . . . . . . . . . . . . ... • * * * * * * * * * * * * * is s tº sº * * * * * * * * e s s e º 'º e º & a e e º e s gº e 36
Law business of the corporation and departments conducted by............ . . . . . . 215
Legal proceeding in opening streets in charge of..... * @ e º e e º 'º e º is tº e o ºs e º e º 'º e º ºs e e a e is 215
Leases, legal papers, etc., for departments, drawn by....'... . . . . . . . . . . . . . . . . . . . . . 215
IBureaus of,
bureau of corporation attorney. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216
bureau of the public administrator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216
See CottpORATION COUNSEL, CORPORATION ATTORNEY, PUBLIC ADMINISTRATOR.
LAW I,IBRARY :
Established. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1095
How controlled. . . . . . . . . . . . . . . . . . . . . . . . © & & © e º ºs e e º sº e º 'º e º 'º - e º º is e e º e º & tº * e º e - a tº 1095–1097
Provision for payment of expenses of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 (sub. 17)
LAW JOURNAL, for publishing court calendars, etc. . . . . . . . . . . . . • * s sº e º e º 'º e º 'º º tº e º e º is is 1093
LAWS RELATING TO NEW YORK CITY, volumes of special and local, may be
read in evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1107
IEAKE AND WATTS ORPHANS' HOME, schools of.............................. 1066
LEASIES :
For departments, etc., to be drawn by law department........................... 215
Of wharf property by commissioners of sinking fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . 180
Of land to Mt. Sinai hospital. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187
to German hospital . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
13y corporation, to be authorized by commissioners of sinking fund............... 181
LESSEES, when may redeem land sold for taxes............. . . . . . . . . . . . . . . . . . . . 940, 941, 947
LEGAL NOTICES, publication of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...... 1093
LEGISLATURE, city officers, etc, not to hold seat in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
LlºGISLATIVE DEPARTMENT ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . © tº tº e º º º 70–102
- See ALDERMEN, BOAlt D OF. -
LEGISLATIVE POWER, in whom vested........ ................................... 29
LENOX LIBRARY, exempt from taxation.......................................... 824
LETTERS OF ADMINISTRATION to public administrator................. tº e º 'º e º e 230
LEXINGTON AVENUE, to be opened. . . . . . . . . . . . . . . . . . . . . . . . . © e a e º e e e º e e © e º e º ºr e e Q61
LIBERTIES OF JAIL . . . . . . . . . . . . . . . . . . . . . . © e s e º e º e is e º e º e * * * * * * * * * * s e e e s e s e © & © e e s e 1718
LIBRARIES :
Exemption of, from taxation,
Mercantile . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * - e. e º tº º * * * * * * * * e s s e e e s e a e e e e a e e 824
Astor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 tº dº nº e º e º 'º . * ~ * * * g e º 824
Merchants' and Clerks'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * e e s e s e e a e s e e 824
Womans'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 824
New York City. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 824
Lenox . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 824
Mott Memorial, medical and surgical. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº º e º e s tº 824
LIBRARY, LAW :
See LAW LIBRARY.
LICENSES :
Bureau of, in finance department. . . . . . . . . . . . . . . tº e º & © e º 'º a e e º e e º e e e º e º e º 'º' . . . . . . . 125
For certain occupations,
ordinances in relation to, may be passed..... & a e e s e e º e e º e s m e o e s e º e º 'º e e ..86 (sub. 20)
must be registered in mayor's office.................... e e º & © e e º e © tº e º e º 'º 86 (sub. 20)
4
50 *. INDEX.
Section.
LICENSES-Continued.
For theatres, etc. . . . . . . . . . . . . . . . . . . tº gº e º a tº s e º is a tº tº gº tº a tº e º & E ſº tº e º e º 'º & 1999, 2000, 2003, 2011
For stages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1948
May be required of junk shops. . . . . . . . . g g º e s s s e e s s º ºs & e º e º s a • * * * * * * * * * * * * * s is tº e s a 86
For pawnbrokers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
For scavengers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
Fees, etc., for, under fire laws, collection of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 431
Necessary for pilots. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2098–2099
Of auctioneers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
For public exhibitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
Of emigrant transportation agents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
Of runners for steamboats, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
For sale of kerosene, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 458
For sale of gunpowder, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 406
For vessels engaged in carrying ballast. . . . . . . . . . . . . . . , 9 s tº e º ſº * G tº g g tº $ tº gº & ſº ſº tº e º 'º it tº 765, 766
To emigrant boarding-houses...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115, 2049
To emigrant runners. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2051
For sailors' boarding-houses and hotels . . . . . . . . . . . . . . . . . . . . tº ºn e º e º º ºs º ºr tº E tº s m tº e s tº º 2075
May be revoked... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2076
To steamboats, etc., to land emigrants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2045
penalty for landing without. . . . . . . . . . . . . . . . . . . . . . . * * * g º ºs º dº tº º ſº tº s º gº is tº e º 'º º is is º is 2046
LIENS:
Of board of health. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 596, 633
Discharge of, by health board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº º ſº e º ºs 596
Of mechanics, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1807
who may have liens. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .‘. . . . . . . . . 1807
upon what lien had.......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . & e º dº e is e º s & sº e g º º ºs 1807
for what lien had. . . . . . . . . . . . . . . . . - e º 'º e º e º sº º tº º sº e ºs e º e º º ºs º dº ſº tº dº tº e º s e º e º ºs e º e º is º 1807
reference of lien...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1808
ow lien obtained... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1809
successive liens. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1809
contents of notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1809
extent of lien. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1809
builders' loans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1808
appeals in actions on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1821
right to maintain personal action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1822
where lien claimed on two buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1810
docket of liens. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1812
when lien attaches. . . . . . . . * , ſº dº e º 'º e º ſº º & º ºs e e s tº e s tº e º 'º e º e g tº e º ſº tº gº tº º ſº e º e e º e ∈ E is 1808, 1811
how long lien continues...... tº e s tº e º e º is is º ºs e º ºs e s is tº º º is is is as e º e º ºs º ºs e º sº in • * * * e º s e º is 1812
action to enforce liens. . . . . . . . . . . . . . . . . . . . . . . . e ºs e º e º ºs e s tº e º a tº e º is e º e s is a s e & 1813
when defendant to file lis pendens. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1812
procedure in action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1813
court determine priority and amounts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1813, 1817
who deemed sub-contractors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . 1816
offer to pay into court or deliver securities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1815
sub-contractor's liens. . . . . . . . . . a º ºs e º e º ºs º ºs e º e a de s ∈ e º is sº º is e º ºs e º s is a ºn e s ∈ g g g g g gº 1807, 1809
judgment in lien cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1813, 1818
personal judgment for deficiency. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º ºs e º ºs e e º sº tº 1819
discharge of liens. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº º ſº tº $ tº º ºs º º e º e s e º e º ſº tº g g g ſº ... 1820
costs in lien cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1813, 1815
public buildings, no liens on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 tº ſº tº gº tº gº tº 1823
parties who may join in. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1814
consolidation of actions on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1814
Under municipal contracts,
who may have. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1824, 1837
for what. . . . . . . . . . . . . . . . . * @ s is s = e s tº ſº e º e º e º ºs e º s = e a • - - - - - - - - - - - - - - - - - - - ... ... 1824
on what. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1828
to what extent. . . . . . . . . . . . . . . . . . . . . . . . * is e & e º e º sº s a e = * s e º ºs e º 'º e s = e s e s e e * tº e º ſº tº 1824
how lien obtained. . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * g e s ∈ E: * tº & tº dº tº gº ºs º g tº e & .... 1825
what notice of, to contain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • & e º sº e º 'º is sº º is ºn tº a gº ... 1825
comptroller to enter notice in lien book........... . . . . . . . . . . . . . . . . . . . . . . . ... 1826
how long lien continue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº º ſº e º ſº º 1827
actions to enforce lien. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * ſº tº dº e º ºs º te e º 'º 1829
who inade parties to action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº dº ſº e º 'º e º ſº tº dº gº de 1830
notice of, no personal claim...... . . . . . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * g º ºs e º e s is 1830
who may answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1830
what court may determine. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 1831
judgment on... . . . . . . . . . . . . . . . . . . tº tº e º sº º ſº tº tº e º e º e s tº º is e º ºs e º ſº gº º e º ºs & º is is tº e º 'º º ſº e is . 1831
ow priorities determined......... tº a s nº º & e º & © tº º ſº e s is 4 m e º e s e o a s e * * * * * * * tº e s we e s s 1832
actions may be consolidated . . . . . . . . . . . . . . . * * * * * * * * g tº tº e º & e º e e º ºs e º 'º º ºs º is a s e e º e 1833
costs discretionary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 1834
right to maintain personal action not affected.................... & is as tº e º ºs º is º tº 1835
how lien discharged . . . . . . . . . . . . . . . . . . . . ë e s e º e º e s m tº s vſ. e. tº tº $ tº e º ſº tº $ tº e º & © gº º tº ſº e º ſº tº 1836
what claims not affected................ e ‘º gº tº tº € e º e º 'º e s e < * * s tº ſº tº e º ſº tº ſº e º ſº ſº gº tº e º gº º 1838
LIGHTS:
Vessels at anchor to show . . . . . . . . . . . . . . . . . . . . . . . . . . . tº º ſº $ tº º sº & © tº $ tº ſº e º & © e º 'º e º e º e tº 755
In theatres, etc., how protected. . . . . . . . . . . . . . . . & ſº tº tº a s sº e º º ſº tº e º e º g º ºs & e º e º tº € $ ... ... 454
INDEX. 51
Section.
LIGHTERS :
For ballast to be licensed......... * g g g g tº º e º 'º º tº º t e º ſº º e º e º 'º e º e º e º sº º e º & is e º e s & sº tº .... 765
How marked. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 764
penalty for omission......... tº gº e º e º ºs e º 'º º & e º is º o ºs e s s e º 'º e & s e º ºr e g & a tº dº ſº e º is is e s a gº tº 764
LIGHTING STREETS :
Board to contract for............................. tº dº is tº dº º ſº ºn tº e º e º e º is e is a g º ºs e º is e º e g 69
LIQUOR SIELLING prohibited in theatres, etc............. tº e e º ſº tº e º is “º e º e º ºs e s p as º a 6 s ºr e gº 2010
LIMIT'S OF ASSESSMENT on opening streets, etc.................................. 970
On opening squares and places...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 973
LOAN COMMISSIONERS, office of, to be at office of register........................ 1764
LODGING HOUSES :
See TENEMENT AND LODGING HOUSES.
LOST PROPERTY advertised in “City Record ”............ ........................ 292
LOTTERY TICKET AGENCIES : -
May be suppressed. . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º sº tº e º 'º e º e º º & º e º 'º e º ºs e s s e e º is sº s º º º 285
Punishment of offenders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º ºs º º * 285
LOTS, raising and filling........................................ . . . . . . . . . . . . . . . . . . . . 879
LUNATIC ASYLUM :
See CHARITIES AND CORRECTION, DEPARTMENT OF.
LUNATIC IMMIGRANTS, by whom provided for.................................. 2064
M.
MAGDALEN FºENEvotest ASYLUM AND HOME FOR FALLEN
WOMEN :
Annual appropriation to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
When prostitutes committed to... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1466
MAGISTRATES :
To commit vagrants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1464
When to require notice of application for bail to be given to district attorney..... 1488
Who may take bail. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1486
MAHOPAC, LAKE, use of water for supplying; city.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 380
MANHATTAN SQUARE :
To be improved and connected with Central Park . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 682
Botanical garden in..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 694
Grade of surrounding streets not to be changed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 694
MANUAL OF COMMON COUNCIL, not to be printed at public expense............ 68
MAPS :
For subdivision of certain plots, by owner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 703
Of twenty-third and twenty-fourth wards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 679
And see PUBLIC PARKs, DEPARTMENT OF.
For taxation.
See TAXES AND ASSESSMENTS, DEPARTMENT OF.
MARINE COURT:
A court of record. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1205
Existing jurisdiction continued. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1213
Election of justices of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .'........... 1206
Compensation of justices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1206
How vacancy filled. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1206
Compensation of clerk of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº dº e º 'º gº º g g º ºs 1207
Has jurisdiction in summary proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1211
Number of justices of... . . . . . . . . . . . . . . . . . . . . . . tº e s ∈ e º ºs º º tº a s ſº º e º & G = e = < * > e º e º e º ºs º º 1215
term of office of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1206
Jurisdiction of... . . . . . . . . . . . . . . . . . . . . . . . & is tº º e g g g & & © tº & ſº gº tº ſº dº º ſº e º 'º gº tº gº tº e º e º º sº tº º 1208, 1209
Limit of jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1209, 1211
Marine causes in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . as e º e º 'º tº e º as tº gº tº º ºs º gº tº e º 'º ge 1210
No power to naturalize. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1212
Actions removed from, to supreme court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1214
Proceedings in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r is e e º ei e º e º sº e º ºn e º e º 'º e s º ºs º º e º ſº, º & 1214
When court open. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1215
Powers of the chief justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1217
Chief justice of, how designated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1217
Attendance of justices . . . . . . . . . . . . . . . . . . . . . . . º e s e s is e º f tº e s e º e s s is e º e s tº e º sº º e º s s e º e 1215
Justices of, may be suspended...... tº º sº º s e º e º e º is e º ſº tº e º 'º e º is a tº e º ºs e º 'º e º e º is a tº º sº º e º e . 1216
May make rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1218
Always open . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº tº gº e º 'º e º sº tº e º º ºs tº gº tº º ſº º 1219
Designation of terms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1219
General term, how constituted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1219
When reargument ordered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1219
Where court held. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1220
52 INDEX.
- Section.
MARINE COURT-Continued.
Orders in, to be made only by justices of court. . . . . . . . . . . . . . tº e º e s a s º º s is a tº e º e s s g is 1222
Clerk, how appointed and removed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1223
Clerks, deputies and assistants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1223
take oath. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1224
Duties of clerks and deputies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1224
Special deputies to be designated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
Clerk to account for fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1226
perform no Bervice till fees paid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1226
receive no pay till he accounts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . © & a tº s e g º ºs t 1226
Contents of summons . . . . . . . . . . . . . . . . . . . . . . . . . tº tº e º e º ºs º º º * * * * * * * * * * * * * * * e º e º as s is 1237
Stenographers, how appointed. . . . . . . . . . . . . . . . . . * * * * * * * * * * is e e g º e º 'º e º ºs e s is e e º sº e º 'º e 1227
when suspended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1232
Interpreter of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1228, 1229
Attendants of, how appointed............... tº º e º sº e tº e e º ſº tº º ſº tº e º it is tº tº e g º is a e º ºs s tº e º gº is 1230
Clerks, etc., of, not to receive fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1231
What mandates executed outside city. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1233
#. whom mandates directed. . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * * * * * * * tº e º ſº tº e º gº º e º e 1234
eturn to mandates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1234
Time to serve pleadings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * g e º tº 1237
Contents of Summons in. . . . . . . . . . . gº º is e e s is a e º s is e º e º e º dº e s a e s is e º e s e as , is tº e º e g º e º e ſº 1237
Time to appear in . . . . . . . . . . . . . ... • * * * g º E tº e º s tº e º º sº tº tº gº tº * dº ſº tº tº e º gº tº g g g tº e g is sº gº tº e g g g tº e s ∈ e 1237
Time to answer, reply or demur in . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * g g g g tº es e º is e 1237, 1238
Time to answer where either party is non-resident. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2:
Clerks, deputies, interpreter and attendants, receive no fees. . . . . . . . . . . . . . . . . . . . . . 1231
Security for costs. . . . . . . . . . . . . . . . . . . . • * * * * * * * * g e º 'º e º e * * * * * * * * * * * * * * * * * * * * g e º s is is 1235
Time to except to bail in . . . . . . . . . . . . . * * is e e s is e º a s sº e º e s sº tº a s e º ºs e e s a e º ºs e º e s e º ºs e < * * * 1239
Notice of justification of bail. . . . . . . . . . . . . . . . . . . . . . . . . tº e º is dº ſº ſº e º º * * * * * * * * * * * > g. 1939, 1240
Exception to sureties in . . . . . . . . . . . . . . . . . . • * e s tº dº is e e s we tº º is s e º is e º is tº e º 'º e s ſº s s is e º ºs e e 1239
Notice of justification of sureties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1240
application for judgment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1240
motion to strike out . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1240
reference. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . & e º s • * * * * * * * * * * * * e . * g e º e s & a e s e 1240
motion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1240
trial or hearing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº is tº e º gº * c e e º 'º e s s e º e º e º s a 1240, 1241
taxation. . . . . . . . . . e e e º e e º e s e º 'º e g º e s s e o 'º e s e º s sº e º e s a s is tº e º s a s e e s a e s e g g c e s a s e s is 1240
Note of issue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1241
Time for decision in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1242
Form of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * * * * * * * * * * 1242
Counter claim in. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1243
Reference in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1244
Party may remit excess of damages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º ºs e º s e s a s a s a w 1245
When discharge from arrest in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1246
Order for publication of summons in..... tº e º 'º $ tº dº ſº tº e g g g tº gº tº tº e s s & © tº e º ºs e e º sº e º ºs e º ºr sº s e 1247
Attachment against property in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .............. 1248
Fees on attachment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº tº e º ſº e º 'º º º º * * * * * * g g g tº e º is tº º e º ſº 1249
Sale of perishable property attached . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1250
Arrest in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº a s & e s t e º ſº e s e s is e ºs e e e e is º º e a 1251
Undertaking on arrest in. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * e º e s tº 1251
Order of arrest in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * * * g e is e e º e s is e e e s is a sº e 1252
Summons in case of arrest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº tº e º sº tº º is tº s º e º ſº tº 1252, 1253
Duty of Sheriff on arrest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº º e º e º e º ºs e º is e e º e = * 1253
Bail or deposit on arrest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1254–1256
Confinement where bail not given...... & e º sº tº º is is ſº e º e º 'º an ºp is a e s tº e º g º e s s e º a º . . . . . . . . . 12
Return of sheriff on arrest . . . . . . . . . . . . . . . tº e s ſº e ºs * * * * * * * * * * * * * * is s = e s e º e º sº e e g g g e º e & 1258
Proceedings on return day... . . . . . . . . . . . . . . . . . . . * * * * * * * * * * is a e s e s e e s e s a w s e < e < e < e e 1259
Pleadings in arrest cases. . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * s ſº e < e s a s e º sº e s e º 'º e º e º e s ∈ a 1250
Jury trial, when demanded...... * * tº e g º º ge s e º e º e º is tº e º ſº e º 'º * * * * * * * * * * * * * * * c e º e º ºs e e . . 1259
Jury trial. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * tº e º º ſº 1260
What provisions of Code not apply in .......................................... . 1262
Who deemed a resident in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . g is sº a tº a º e º ºs e is tº º tº dº gº tº 1262
Execution for working women in . . . . . . . . . . . . . . . . . . . . . . . . . . . * c e s a s tº e s e s e e s tº e e º e º e 1263
Examination de bene in........... • * * * * * * * * * * * * c e s a tº e s ſº tº º & © e º g º e e g º ºs e s tº ºs e º & g is e c 1264
Commissioners from . . . . . . . . . . . . . . . . . . . . . . . . . tº º e º 'º tº º º * * * * * * * * * * g e º e g º e ge ... . . . . . 1264
Money paid into court........... tº e º gº º sº e º ºs º ºs e º e s gº tº e º ſº sº gº º is a e s e tº gº º ºs e º e º e º ºs tº tº º ºs e º e & 1265
Appeals to general term in.......... tº gº º e º 'º e º 'º e º ſº º is ſº gº is º e s e º e º ºs º ge • * * * * * * * * * g º ºs 1266, 1267
when to be taken. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1967
to common pleas. . . . . . . . . . . . . . . . . & e º e s is a tº º dº º ºs e e º e s sº e º e e º e º ºs e º e º e º gº º ... . .1269, 1271
when to be taken...... . . . . * * * * * * * * * * * * * * e tº e º e s tº e e s a e º e a . . . . . . . . . . . . . . . . . . . 1271
judgment on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * g º e a tº tº gº e & & 1272
to court of appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................ 1273
undertaking on..... © º ºs e º º s º is a º g * * * * * * * c e º e s is e s e** * * * * * . . . . . . . . . . . . . . . . . . . . . 1274
May issue warrant to seize chattel............. * * * * * e 4 w is e e º ºs e e s e º e tº ſº tº g g tº ... . . . . . 1236
Costs in. . . . . . . . . . . . . . . . . . . . . . . . . . 9 e º 'º tº & tº º & e º e º e º & º e º 'º $ tº dº e º e º e º me as e tº e a tº º is e º ºs e º sº a 1276
When costs to plaintiff. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1977
Costs of appeal . . . . . . . . . . . . . * * * * * e s tº s e º e º ºs e e e º e º e º s e e s is e e º a e g . . . . . . . . . . . . . . . . . . 1276
When costs to defendant................. tº t e º e º e s a s e * * * * * * * * * * * * * * * * * g s e e s e º e º 'º 1276
Costs on adjournment............. & © º e º 'º * tº e e º ſº tº tº dº gº tº º e tº ſº tº e tº & e s tº te e g is a sº a * * * tº e º e º º . 1276
Stenographer's fees in.................................. $ tº º ſº tº º cº e º a st tº e º ºs º & ....... 1276
Salaries of clerks' deputies, interpreter and stenographer.................. tº e º gº as a . 1275
Costs on appeal to common pleas . . . . . . . . . . . . . . . . . .............................. 1276
INDEX. 53
Section.
MARKETS :
Bureau of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
Regulation of, as to cleanliness................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 538
Property of, how Bold or leased. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
On Pier8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 726
Powers of board of health as to...... . . . . . . . . . . . . . . . . . . . . . . . . tº e º ºs e º 'º e s e s m e º e º e º e 538
Ordinances in relation to, may be passed..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . e s e tº e s e 86
MARKET PLACE IN NINTH WARD :
Bounds, use and management of........... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
Brection of buildings thereon................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 345
Provision for deficiency in assessment for........................................ 199
MARRIAGES:
Registry of, kept by clergymen and magistrates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 602
penalty for omission ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • • • - - - - - - - - - - - - - - 605
Record of, kept by register of records. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * & tº gº tº e 534
Record of, by board of health. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 606
MARSHALS :
Appointment of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1699
Number of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1699
Term of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1699
Vacancies in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1699
Paid by fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Fee" of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1710
Have powers and duties of sheriff as to taking property. . . . . . . . . . . . . . . . . . . . . . . . . . 1711
Reside in district of court...................................................... 1699
Give bond. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1700
Failure to give bond waiver of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1708
When and how bond prosecuted. . . . . . . . . . . . . . . . ................................ 1701
Where bond prosecuted . . . . . . tº e s = < * * * * * is e e s e e º e º ºs e º e s s e º a s s & 8 as e s = e º e s is e e º 'º e º a s is 1702
Judgment on marshal's bond. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1703
Execution on judgment on bond. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1703
Memorandum of judgment to be made on bond. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1704
Amount collected of sureties credited on bond. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1705
Complaints against. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1706
When suspended or removed.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1706
When bond renewed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1707
Serve papers and process from districts courts . . . . . . . . . . . . . . . . . . . . . . . . e tº ſº º º tº £ tº gº 1709
Notice by, of Sales of property for taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 855
surplus of sales. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 856
Warrants, etc., for tax on personal property. . . . . . . . . . . . . . . . . . . . . . . . . . ........... 853
To take vagrants for examination... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1464
Transcript of judgment against... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 1398
filed in common pleas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1398
execution thereon. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1398
What process from district court served by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1302
Duty of, on arrest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s ſº a g º e º º ºs e s tº 1308, 1309, 1311, 1314
on attachment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... 1320–1323, 1326
on replevin in district court. . . . . . . . . . . . . . . . . . . . • sº e º is tº e º º º ºs e º º is sº e º ſº e º 'º º e 1334, 1335
Serve precept in summary proceeding in district courts. . . . . . . . . . . . . . . . . . . . . . . . . . 1357
With execution, liability of..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 407
Costs against, when bond ordered prosecuted.................................. ... 1425
MASONIC ASYLUM, exempt from taxation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 824
MASTERS OF WESSELS :
To report draught to pilots. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2111
To report certain passengers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº º e s is e e 2064
Penalty for omission. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2064
MATCHES, manufacture and storage of... . . . . . . . . . . . . * * * * * * e º e º e º sº a . e. & e = e tº e º e º 'º e º sº º e 456
MAYOR. .
Chief executive officer of the corporation...... . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * e º gº tº 31
When elected. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Term of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 31
Salary of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Vacancy in office, how filled. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a * * * * * * * * * * * * * 32
Office of, how filled in case of sickness or absence...... . . . . . . . . . . . . . . . . . . . . . . . . . . 31
General duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
Removal of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
Expenses and receipts, report concerning.................... .................... 105
Clerks and subordinates of,
appointment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . & © tº tº e e 105
report concerning salaries and duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
limitation to expenses for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
Commissioners, appointed by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º ºs e º a tº a s 106
vacancies in office of, how filled. .... * * * * * * * * * * * * * tº e º is tº e º is a e s tº º is e º e º is ſº tº º ..... 106
removal of............... tº tº sº tº º e º 'º º tº tº º is ſº e º ºs e º e º ſº, º G s sº tº e s e º is e º e s tº e º º * * g º & e º º tº ... 108
Heads of departments, appointed by.......... . . . . . . . . . . . . . . * * * * * g º ºs º º tº º tº e tº E tº º e <> 106
vacancies, how filled... . . . . . . . . . . . . tº e º 'º tº º tº e º e º 'º º ºs º ºs e e º & º e e º gº º e is tº gº tº gº e º e º 'º we e e 106
removal of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
Inspectors and sealers of weights and measures, appointed by . . . . . . . . . . . . . tº e º e º gº º 106
54 INDEX,
Section.
TMAYOR.—Continued.
number of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e e º e s c s s e º 'º ſº e s e a se tº a 106
Officers, members of commissions, etc., appointed by.... . . . . . . . . . . . . . . . . . . . . . . . . 106
wacancies, how filled...... tº e g º ºs e g º is e º sº gº e s ∈ e s • * * * * * * * * * * * * * * * * * * * . . . . . . . . . 106
removal of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº g º º is º is ſº º sº tº tº gº º sº tº e 108
Šealer, of weights and measures, appointed by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
Member of board to select deposit É. e e º e a e º e s s e s tº e e s e s s a e s sº e º e s is e e º ºs º º º te e º 4 165
board of commissioners of sinking fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
board of estimate and apportionment............. tº e º g tº 4 tº e º e ºs e º s º e e g c e º an e º a tº 189
board for lighting streets, etc. . . . . . . . e e g is a s e s ∈ e s a e s e s e s sº e e s e s = * * * * * * * * * sº e º so tº (39
board of printing and stationery............. * * * * * * * g g º ºs e g º ºs e º s sº * gº tº ſº tº dº º te e g º º ºs 66
board of street openings, etc. . . . . . . . . . . . e e º e º ºs e s e s s e º e s e º ºs e e º e s = e º ºs º ſº e s tº ... . 955
A commissioner of emigration................ tº gº ºn e º º e º 'º e º e º e º e º sº e º 'º & Gº & ſº º º ſº e º 'º º ſº . 119
Excise commissioners, to nominate. . . . . . . . . . . . . . . . . . . . . . e e º 'º e a e s is e e s e s tº e º 'º . . ... 109
Commissioners of common schools, appoint. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 1022
To appoint commissioner of street cleaning with approval of board of health..... 107
May remove commissioner of strect cleaning with consent of board of health...... 108
Marshals, appoint. . . . . . . . . . . . . . . . . . . . . . . . . . . . . is e e º º is e º s º º ºs e e g º ºs e e s gº tº e º ſº e s & e º 'º ºf 1699
To approve ordinances and resolutions...... © e º 'º e º ſº tº e º 'º e º ºs e e º ºs & * g e º 'º e s a tº e º e s e s is a 75
Veto of... . . . . . . . . . . . . . . . . . . . • * * * g º e g º e º dº e º e & e e g g º e s is e ge º e º gº dº e ºs e º e º 'º e e gº ºn tº s is e e s sº 75
Papers to commence action may be served on . . . . . . . . . . . . . . . e g a e s a º e s e e º a sº s º º e º & 1105
Office accounts of, to be published. . . . . . . . . • * * * * * * s is º ºs e º ºs º ºs e º e º ºs e º a tº ſº tº e º e º & ºt .... 105
Message of to be published in “City Record ”..... e e º ſº dº sº º ºs º ºs e º ºs & 9 tº ſº g º is tº e s as dº ſº e º º 80
To approve acts of aldermen acting as supervisors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
To approve demand of board of police for use of military. . . . . . . . . . . . . . . . . . . . . . ... 269
Assent of, to action of board of health in time of pestilence. . . . . . . . . . . . . . . . tº tº s e g º º 580
Approve stage routes. . . . . . . . . . . . . . * * g e º ºs s a º ºs º º is tº * * * * * * g e º e º 'º e s tº £ tº e is e s is e e º ºs e e º 'º 1948
May order matter inserted in “City Record ”................ e e º e º º is sº tº gº tº dº º º tº e g º ſº tº 66
License places of amusement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e s e a e s e º e s e º s • * * * * * * * 2000
License scavengers...... tº e a s = < * * * * * * * * * * e e º e s a s e s e º sº s tº e < * * * * * * * * * * * * * * * * * * * * * * * 112
To license hay scales...... . . . . . . . . tº gº tº $ tº e º ºs e > tº gº e º s ſº º º is tº $ tº e º º ſº tº e º e º e s e s is a tº & e . . . . . 111
To issue licenses to auctioneers. . . . . . * c e s e º sº e s a e º a s a º e º ºs e º e º 'º e º a 6 º' * g e º e º ºs e s is .113, 1985
to examine into charges against . . . . . . . . . . . . . . . . . . & a s e º ºs e e s is e º e s e s a e º a tº e s s e º 'º 1994
when licenses of, may be revoked and forfeited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1994
may commit for trial. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1994
Report of chamberlain to..... . . . . . . . . . . . . . . • * c e s e s e e s a e º e º e s a e s e º & © e º a tº e º is tº * * * * 165
Report of commissioners of accounts to . . . . . . . . . g w a s a s e e s e a e e s s a º s s e s s s s = * * * * * * 164
When change places of holding courts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....... 1074
Summons may be served on.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..... 1080
To appoint commissioners of accounts.... . . . . . . . . . . to ſº tº gº e g º º ºs e e tº a s e º e º 'º e º e º is s ... 110
To license public exhibitions........ • * * * * * * * g º e º 'º e º e º G & e g º e º e º e º º ºs e º 'º e º ºs e º is is sº º . 114
To license emigrant boarding-house keepers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
To license emigrant transportation agents. . . . . . . . . . . . . . . . . . . . . . e & s tº e º sº sº tº e º is e e s tº e 116
To license runners for steamboats, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
When to appoint places for holding courts. . . . . . . . . . . . . sº e º e º e º de e s e º sº e º ºr e º we e º 'º º º 118
When application for removal from real property may be made to . . . . . . . . . . . . . . . . 120
To have power of certain police officers............ e e º sº e s a tº s s e a s a e s - e. g tº dº e º e º e º & . 121
To countersign warrants on chamberlain...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
To sign bonds for relaying pavements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
Licenses to be registered in office of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 (sub. 20)
MEATS, impure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 566
TMECHANICS’ liens :
.See LIENS.
MEDICINE :
ASee PIIARMACY.
MERCANTILE LIBRARY :
ASee CLINTON IIALL ASSOCIATION,
METAL, when discharged from vessels, pier to be protected......... gº º e s & sº e g is tº º ºs º º ... 783
METEOROLOGICAL AND ASTRONOMICAL OBSERVATORY, establishment
and maintenance of..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º ºs º ºs º º ſº tº e º & , 694
METHODIST EPISCOPAL CHURCH HOME :
See LADIES” UNION AID SOCIETY.
MERCHANTS AND CLERKS' LIBRARY ASSOCIATION exempt............. . 824
METROPOLITAN ASSOCIATION OF AMATEUR, OARSMEN :
Police to protect regattaş of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 294
Regulations for regattas of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * g º e g tº dº tº e º ºs e e º 'º e º gº . 295
METROPOLITAN MUSEUM OF ART, contract with, by department of parks..... 696
MILITARY OF FIRST DIVISION, assistance of, may be demanded by police board 269
MINT, branch, exempt from taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 824
MISDEMEANORS:
When special Sessions may try for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1583
Punishment for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1583
MONEY:
Paid into court, power of Superior court and common pleas over................ . 1161.
disposition of by marine court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 1265
by courts generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1085
Raised by taxation not to be given in aid of denominational schools............. te 61
INDEX. - 55
- Section.
MORNINGSIDE AVENUE, assessments for....................................... 906–908
MORNINGSIDE PAREC :
Powers and , duties of department of public works in reference to streets etc.
bounding. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 334–338
MORTGA (; EES :
When to redecm land sold for taxes, etc...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 940, 941, 947
Notice to, by clerk of arrears. . . . . . . . . . * * * * * * g º e º e º e s e º e º e º e & e s e s a e s e e º e º e º 'º e º & 935, 937
MORTGAGES :
Indices of, kept by register. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1752
Chattel, to be filed with register.......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1753
To be deposited with register. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1764
Memorandum of certain, to be filed with register...... . . . . . . . . . . . . . . . . . . . . . . . . . . 935
what to contain. . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * is e s a s = e < * * * * * * * * * * * * * 935
MOTIONS:
In marine court, notice of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1240
In Bupreme court, when made .......................... . . . . . . . . . . . . . . . . . . . . . . . . 1117
may be made to judge. . . . . . . . . . . . . . . . . . ‘. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1117
MOTT MEMORIAL MEDICAL AND SURGICAL LIBRARY, exempt from taxa- 824
tion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . y
MOUNT SINAI HOSPITAL, may lease certain property from the city. . . . . . . . . . . . . . . 187
MOUNTED PATROL, where to be established. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256
MUNICIPAL CONTRACTS, liens under ........................ * g is tº a s e º e º sº tº e s ∈ º 1824–1838
And see LIENS.
MUSEUM OF ART, METROPOLITAN, contract with by department of parks...... 697
MUSEUM OF NATURAL HISTORY, AMERICAN, contract with by department
of parks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
MUSEUM OF NATURAI, HISTORY:
Annual appropriation for maintenance of............. - * = g º ºs e s e º 'º e º e º ºs s a tº tº a w is º e º 'º 194
ISstablishment and maintenance of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 693
MUSEUMS IN CENTRAL PARK, expenditure for preservation of collections in .... 702
MUSIC at parades on Sunday. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1941
N.
NAIDS, in streets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1937
NAMES : -
Common pleas has jurisdiction to change. . . . . . . . . . . . . . . . . . . tº e s e º e s = º sº tº e s sº tº e s tº e º & 1164
Clerk to report changes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * 1167
NAPHTHA, storage of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 457
NASSAU STREET, elevated railways forbidden in............ . . . . . . . . . . . . . . . . . . . . . . 1944
NATURAL HISTORY, MUSEUM OF :
See MUSEUM OF NATURAL HISTORY.
NEGLECT OF OFFICIAL DUTY, etc., how punished. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
NETS, FISHING WITH :
In Hudson river. ................. . . . . . . . . . . s e e º e s tº º e º ºs é º e º º e º e ºs e º $ tº º is a tº dº is tº $ tº ſº tº º 737
In Harlem or East river. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 739
NEW YORK BALANCE DOCK COMPANY, use of piers, etc., by, permitted..... 811
NEW YORK CATHOLIC PROTECTORY:
See F1&OTECTORY,
NEW YORK CITY LIBRARY ASSOCIATION, exempt from taxation............ 824
NEW YORK CITY, to pay to Queens county part of debt of North Brothers island... 82
NEW YORK FLOATING DRY DOCK COMPANY, use of piers, etc., by, permitted 811
NEW YORK IIOSPITAL, exempt from taxation...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 824
NEW YORK AND HARLEM RAILROAD COMPANY may build bridge over
Fourth tºuenue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1960
NEW YORK INFANT ASYLUM :
See INFANT ASYLUM.
NEW YORK JUVENILE ASYLUM :
See JUVENILE ASYLUM.
NEW YORK ORPHAN ASYLUM, Schools of............. . . . . . . . . . . . . . . . . . . . . . . . . 1066
NEW YORK SOCIETY FOR RELIEF OF RUP'TUED AND CRIU’PLED :
Per capita allowance to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
NIGHT MEDICAL SERVICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297-302
Annual appropriation for support of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
Registrar of vital statistics, to report standing of physicians registered. . . . . . . . . . . 574
Fees of physicians, payment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 574.
56 INDEX.
Section.
NIGHT SOIL :
Removal of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e e s e s e e º ºs e º ºs & e a e º e s a s e º 566,
Soavengers for removal of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112, 1090
Placing in slips, etc., penalty for... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 781
lien for penalty on horse, cart, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 781
NITRATE OF SILVER, manufacture and storage of...... . . . . . . . . . . . . . . . . . . . . . . . . . . 456
NITRATE OF SODA, manufacture and storage of . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * is 456.
NITRO-GLYCERINE, etc., :
Manufacture and storage of......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 455.
Licenses for sale of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 455
Vessels arriving in harbor with. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 455
NON-RESIDENTS :
Testimony in offenses against. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1467
Witnesses examined be bene. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1468.
NORTH BROTHERS ISLAND, a portion of its debt to be paid to Queens county by
New York city. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
NORTH RIVER, matters not to be deposited in waters of....................... ... .. 740
And see LIUDSON RIVER,
NOTARIES :
Powers of extended. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1713
Appointed for adjoining oounties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1713
Number of . . . . . . . . . . . . . . . . ... e. e. e. e. e. e s = e º is is e s sº s º is a sº º is º ºs e º e s º ºs e º ſº tº dº e º ºs e s & e º e º sº tº e º 'º º 1712;
Fee on filing oath. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1712
NOTE OF ISSUE :
Only one needed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1084
Of a passed cause. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1083.
In a marine court.................... & a e e º e s e s e s e º e s e e o e s e e s a s e e s s e e s e s m e º e s • ... 1241
NOTES during epidemic. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2026–2031
NOTICE:
Motions upon. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1117
Of trial in marine court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1240, 1241
Of motion in marine court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1240
Of sale, how given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1087
Of trial, only one necessary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1084
NOTICES, LEGAL, how published . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66, 1093
NUISANCE, place of trial of indictment for... . . . . . . . . . . . . . . . . . . . . . . * e º is e e º 'º e º is º ... ... 1441
Near boundary of city. . . . . . . . • & e º ºs & tº s e º 'º & & © e º sº e s tº e º e º a tº tº e º a tº a s tº e *, * * g e º e º is º g is e e 1441
Abatement of, by suit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 636–648
And see HEALTII, DEPARTMENT OF.
NUMBERS OF HOUSES, when may be altered. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1881
NURSERY AND CHILD'S HOSPITAL:
Per capita allowance to . . . . . . . . . * e s e º s º is e s s & s gº tº e = & tº e º 'º gº tº gº as gº º gº tº º e º 'º º dº sº & tº e & © tº a ſe ſº 194
Share in school fund . . . . . . ... • * * - - - - - - - - - - - - - - - - - - - - - - - - - - * * * * * * * * * * * * * * * * * * * * * * 1066
O.
OARSMEN, Amateur Metropolitan Association of, regattas of... . . . . . . . . . . . . . . . . . . . 294, 295.
OATH OF OFFICE: -
When taken . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
By members of police force. . . . . . . . . • e º e s e e º e º ºs e º e s g g is tº is is e º & tº $ tº e º ſº º is tº 4 & & & tº º is is tº tº 270
By members of uniformed force of fire department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 439.
OATHS :
Justices of district courts may administer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1471
What police officers may administer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251
OBSERVATORY, METEOROLOGICAL AND ASTRONOMICAL :
Annual appropriation for maintenance of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
Powers of department of parks as to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 693.
OBSTRUCTIONS:
On public streets, removal of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 324
In streets, dangerous to health, removal of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 538.
In harbor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 732, 735
OFFAL :
Not to be thrown into harbor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 751
Transported only by steam. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 752.
OFFENDERS:
Competent, witnesses in cases of bribery of officers of city or fraud on city. . . . . . . . 58
When arrested, how disposed of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279
rules regarding undue detention of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279,
OFFICE, when forfeited..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57, 59.
INDEX. 57
Section.
OFFICERS OF CORPORATION :
Term of office of those appointed by the mayor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
Vacancies, how filled. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
Term of office when appointed to fill vacancy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
How removed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
Expenses for contesting offices of, paid to prevailing party only.................. 211
how paid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211
Corporation counsel may assign counsel to, in summary examinations. . . . . . . . . . . . . 211
Expenses of, for counsel in Summary examinations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211
Not to hold office under state or United States government...................... 55
Accepting another office under corporation vacates one held ... . . . . . . . . . . . . . . * e s ∈ tº 55
Accepting seat in Legislature vacates office held under corporation. . . . . . . . . . . . . . . 55
Not to hold two city and county offices. . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * s is a gº º 55
exception. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55.
Summary examination of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
subject of inquiry. . . . . . . . . . . . . . . . . tº sº e º ºr e º 'º a s tº e º e º e s e º 'º e º ºs e e s s e º s tº e º 'º ºn e s as a e ºs 60
proceedings therein. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Appointments and removals of notice of, when to be published.................. 51
List of, to be published annually. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68.
what to contain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Salaries of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
restriction as to subordinates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Certificates of appointments of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Oath of office, when taken... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Bribery of, punishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58.
Violating laws a misdemeanor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Frauds committed by, upon the city, a misdemeanor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Converting public property by, a misdemeanor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
When office shall be forfeited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .57, 58.
Contracts, etc., not to be interested in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Compensation, a misdemeanor to give any part of, for appointment.............. 59.
No expense incurred by, unless an appropriation for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Accountability of, common council to provide for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
Fees, percentages, etc., received by, property of city. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
marshals excepted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
To be paid a fixed salary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Fees, percentages, etc., to be reported to comptroller and paid chamberlain. . . . . . . 56
etc., to be accounted for to comptroller before salaries shall be payable. . . . . . . 56
Salaries of certain, fixed and reduced by board of apportionment . . . . . . . . . . . . . . . . 202
limitation of increase. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202.
Salaries of certain, may be fixed by common council. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Mode of payment . . . . . . - e s a • * * * is a e s - e. e s = e s tº e º e º e s e s e = * * * * * * * * * * * * * * * * * * * * * * * * * * 123
Accountability of, provisions for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
OFFICIAL CANVASS, printed in detail in City Record.............. . . . . . . . . . . . . . . . . 67
OLD ORCHARD SHOALS, jurisdiction over, ceded.......... . . . . . . . . . . . . . . . . . . . . . . . 1633
OMNIBUSES :
. See STAGES.
OPENING SQUARES AND PLACES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 964
Limits of assessment on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - - - - - - 964
1)eficiency not assessed as... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 996
OPENING STREETS : $
See streets, etc., OPENING OF.
ORDER to support family. . . . . . . . . . . . . . . ... ºr e ºs e º e º 'º g º t e º e º e º e º 'º e º 4 c e s = e e s sº a tº e º 'º - a tº e º e e 1456
ORDINANCES : -
Certain salaries to be prescribed by... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
To be reduced to code and published. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
Police board to cause enforcement of... . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * * * 252
Actions for penalties for violation of, in what name to be brought. . . . . . . . . . . . . . . . 216
For accountability of officers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95.
ORDINANCES AND RESOLUTIONS: º
Legislative acts to be by. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
When majority vote required to pass. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
When three-fourths vote required to pass. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
When four-fifths vote required to pass. . . . . . . . . . . ... s e e s m e < * * * * * * * * * * * * * * * * * * * * * * * * 74
When unanimous vote required to pass... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * 74.
To be presented to mayor for approval.... . . . . . . . . . . . . . . . . . . . * e º e º e º e º 'º º º 'º º sº tº sº tº 75
Action on his disapproval... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
When to be published before passage....... . . . . . . . . . . . . . . . . . * * e º te e º 'º e º 'º - - - - - - tº º te 80
Vote on final passage to be published. ................. . . . . . . . . . . . . . . . . . . . . . . . . . 80
Continuance of, in force. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84, 85
Penalties for violation of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
May be passed for certain purposes. . . . . . . . . . & º e s e s = e a º ºs e e º a tº e º 'º e º e º 'º e º 'º - e º e º e º e 86–95
Certain, as to salaries declared void. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
ORPHAN ASYLUM, NEW YORK :
Schools of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . & © e º t e 1066.
58 INDEX.
Section.
OYER AND TERMINER, ;
Places for holding to be assigned by common council. . . . . . . . . . . . . . . . . . . . . . . . . . . 91, 1506
Who to hold. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * e s & a s = e e s e º e º ſº 508
May try indictment sent by court of general sessions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1507
May transfer cases to general sessions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1507:
I'mes imposed by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1509
Salary of Clerk and deputy of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1513
Clerk of, to reside in city. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , º e is e g º a tº 1513
pay over fines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1509
to issue subpoenas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1511
clerk of general sessions to be. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1539
may appoint deputy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1510
to file record of convictions with bureau of elections. . . . . . . . . . . . . . . . . . . . . . . . . 1531
Stenographer for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1512
OYSTERS, in Harlem river... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 767
OYSTER BOATS, wharfage on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 799
P.
PAPERS FOR CORPORATION ADVERTISEMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . * 66
PAPERS :
When copies of, to be furnished by departments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
When open to inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
PAR, AIDES :
In streets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1939–1942
on Sundays. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
PARKS:
No railway in . . . . . . . . . . . . * * * g g g p = • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * . 1946
Funds for improvement of, how obtained. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
And See PARIKs, DEPARTMENT OF.
PARK COMMISSIONERS :
See PARKs, DEPARTMENT OF.
PARKS, DEPARTMENT OF.
Head of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Parks, streets, and public places, under control and management of. . . . . . . . . . . . . 668–671
Debts, obligations, etc., in behalf of, not to be created by offic rs. . . . . . . . . . . . . . . . 70
General powers and duties of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * tº ſº e º & 668–703
Powers of, as to grades. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1964, 1965
Fix certain pier and bulkhead lines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 730
Streets º; parks, improvement and maintenance of . . . . . . . . . . . . . . . . . . . . . . . 689
Powers of, over boulevard and streets above Fifty-ninth street transferred to pub-
lic works. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 956
to have authority as to placing lamps in parks, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . 69
President of,
member of board of street openings, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 955
salary of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Commissioners of parks,
number and term of office of........... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
general powers and duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 668–703
no salaries to other than president. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
personal expenses reimbursed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 701
no power to create debt not authorized at mecting.. . . . . . . . . . . . . . . . . . . . tº tº e º e & . 701
Keepers of public parks, etc.,
appointment of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 690
powers and duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * * * * * * * * * * * * * * . 690
temporary force, when to be appointed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 690
Twenty-third and twenty-fourth wards,
bridges and tunnels in, plans for, and location of............ tº e s ∈ e º ºs e º sº . . . . . 671
powers of department as to... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 957, 958
public improvements in, proceedings for, how taken and prosecuted.......... 67.1
parks in, control of, maintenance and construction of . . . . . . . . . . . . . . . • e º s e º e º 'º 671
streets, roads, etc., in, power to locate, lay out and maintain . . . . . . . . . . . . . . . 671, 957
width and grades of, how established. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 671
exceptions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 671
not to be constructed through railroad station grounds. . . . . . . . . . . . . . . . . . . . . . , 671
maps of territory in......... e e s t e º e º s e e s e º s a s e º s s = e º is a e s is a e º e º e a s a s e º s e e º is 679
duties of department in reference to plans and maps of streets in . . . . . . . . . . 672, 673
acquiring title to lands for streets in... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 677, 958
sewers, construction and maintenance of... . . . . . . . . . . . . . . . . . . . . . . ge e s e s e e s = * . 671
Harlem river and Spuyten Duyvil creek,
improvement of... . . . . . . . . . . . . . . . . . . . . . & g º is tº e º 'º e s is º º gº sº tº ſº s e tº º is tº * * * * * * e s tº º ... tº
bridges over. . . . . . . . . . . . . . . . . . . . . . . . . . * tº g º ºs e e º 'º a 2 & e º 'º e º & e º ºs º gº tº tº º - a º tº e º 'º 676
department to acquire title to lands for improvement, etc., of ................ 678
to sites for bridges over... . . . . . • e o e e s = • , a e e s a e s s e s a e s e e s s a e s e e s e º e s s a s º 959
INDEX. 59
PARKS, DEPARTMENT OF-Continued. Section.
Battery place,
ortion of, under control of park department. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 669
§. docks, and pier8 to be erected thereon. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 669
rules and regulations for use of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 669
Central park, z
gifts, devises and bequests, for benefit of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 700
military encampments, etc., in, prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 692
museums, etc., in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (j93–697, 702
entrances on Eighth avenue to be completed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 680
Manhattan square,
powers as to streets surrounding. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 694
to be improved and connected with Central park.... . . . . . . . . . . . . . . . . . . . . . . . . 682
Parks, squares and public places,
moneys for improvement and maintenance of, to apply to adjacent streets.... 689
streets and avenues bounding, surface construction of, how determine. . . . . . . . 688
trees may be planted in. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 688
seats, drinking-fountains, etc., placed in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 688
statues and works of art placed in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 688
Tiverside avenue and Park,
under control of department of parks.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 668
Botanical and Zoological Garden,
may be established and maintained. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 694
admissions tº . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 695
income from, how applied . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 695
management and maintenance of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 695
Museum of Natural History,
construction and maintenance of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 693
appropriation for maintenance of.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
contract with American Museum of Natural IIistory for occupancy of building 696
also for establishing and maintaining. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 696
Gallery of Arts,
construction and maintenance of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * ~ * * * * 693
equipment and furnishing of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 693
appropriation for maintenance of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
contract with Metropolitan Museum of Art for occupation of... . . . . . . . . . . . . . . 697
also for establishing ºnd maintaining.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 697
Meteorological and Astronomical Observatory,
erection, furnishing and maintenance of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 693
appropriation for maintenance of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
Museums, etc.,
Sum to be expended for preservation of collections in . . . . . . . . . . . . . . . . . . . . . . . . 702
Museum of Art, commissioners may enlarge building of... . . . . . . . . . . . . . . . . . . . . . . 698
Maps of plans and of grades, filiing of . . . . . . . . . . . . • * , º º e º e º e º e g º e a tº e º 'º & e º 'º º 'º & º º 6S1
Fourth avenue, improvement of parks in....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6S3
Washington square, to be preserved as a park. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6S4
Reservoir square, to be used only as a park. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 685
Broadway, portion of under control of department...... . . . . . . . . . . . . . . . . . . . . . . . . . 687
Lamps in parks, authority of department as to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 691
Fire apparatus houses, location for, in parks... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 699
• Plots mapped by department, subdivision of, by owner...... . . . . . . . . . . . . . . . . . . . . 703
Owners of property on East Forty-second street may lay out parks. . . . . . . . . . . . . . . 1959
PARK KEEPERS...................................................... . . . . . . . . . . . . 690
PARK ROW, elevated railway forbidden in............................ . . . . . . . . . . . . . . 1944
PARTITION FENCES and walls, ordinances in relation to, may be passed... ......... 86
PASSENGERS:
9ertain to be reported .............................. . . . . . . . . . . . . . . . . . . . . . . . . . . . 2064
Emigrants, booking offices for.......... tº e º e e º ºs e º 'º e º º e º sº tº e e - - - e º 'º tº e º sº e º 'º e < * * * * * * * 2052
Where to belanded...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2035
- And see EMIGRANTS.
PATENTED PAVEMENTS AND ARTICLES, provisions as to purchasing, cte..... 63
PATENTED ARTICLES, when used. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
PATENT HYDRANTS, etc., condiction on which they may be used. . . . . . . . . . . . . . . . . . 354
PATENTED PAVEMENTS, except for repairs not to be used...... , ................ 63
PATROLMEN, to be assigned to each poll. .......................................... 2S6
PAUPERS, transfer of :
See CIIARITIES AND CORRECTION, DEPARTMENT OF.
PAVEMENTS :
Patented, when used . . . . . . . . . . . . . . . . . . * * * * * * e º e º e º 'º e º e º e º 'º e º 'º e º 'º - e º e º e º 'º º e º * * * * 63
Removal of, permit required for................................................ 322
Relaying of, proceedings whom not properly done................................ 323
expenses of, when done by city, a i. on property. . . . . . . . . . . . . . . . . . . . . . . . . . . 323
how collected. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 323
Expenses of relaying in certain cases, how paid. . . . . . . . . . . . . . . . . . . . . . . . . . ........ 147
Repavement certified by commissioner of public works. . . . . . . . . . . . . . . . . . . . . . . . . . . 194
expenses of, when borne by general taxation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
Assessments for relaying....... * * g º e º 'º e º e • A s e e a e º e º e a * * * * * * * * * * * * * * * * * * * * * * * * e e S77
60 INDEX.
Section.
PAVING :
Done by city . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº º e º ſº tº º ºs º º 878
expenses for, oto. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 878
assessments for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 875, 878
TAWNIBROKERS : *
Common Council regulate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
Books may be examined,
by superintendent and captains of police . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 288
by police justices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1568
Property may be examined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 284
Licensing of, and security by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
Penalty for violation of ordinances by... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº º e º sº tº º sº tº 89
PAYMENTS :
To be indorsed on contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . tº a s is a tº e º gº tº e º 'º º e º º ſº º 64
Of officers and employees, mode of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . 123
By the corporation, how made... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . 123
PEN ATLTIES :
Actions for, in what name brought. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216
For violation of ordinances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Disposition of, for violation of ordinances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 (sub. 23
Actions for, by city in district courts ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1168
For falsely personating police officer. . . . . . . . . . . . . . . . . . . . . . . . . . - - - - - - - - - - - - - - - - - - - 280
For falsely personating officer of health department. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 627
For violations of Sanitary code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 575
Pawnbrokers, for violation of ordinances by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
For violations of regulations by scavengers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
May be provided for selling firewood without license. . . . . . . . . . . . . . . . . . . . . . . . 86 (sub, 36)
For lalsely personating member of fire department. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 434
For obstructing hydrants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 446
For not removing shavings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 452
For not closing hoistways, etc.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 453
For kindling fires in streets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 452
For fire in chimney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 452
For injury to fire telegraph, alarm boxes, etc ............................ . . . . . . . . 429
Actions for, by fire department. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 431
For Belling kerosene, etc., without license . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 458
For violations of provisions respecting combustible and explosive materials ...... . 465
For violations of provisions in respect to construction, etc., of buildings. . . . . . . . . 505, 508
For defacing public urinals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 347
Croton lake, reservoirs, etc., for depositing offensive matter in . . . . . . . . . . . . . . . . . . . 362
For obstructing harbor and violations of harbor regulations:
See IIA REOR AND WATERS.
For violations of regulations of dock departinent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 717
Tor building pier beyond line. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 732
PENITENTIATRY, keeper of, how to keep prisoners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1493
PENSIONS :
Police.
See POLICE DEPARTMENT.
Fire.
/See IFI 1815 I) EPARTMINT.
PERCUSSION CAPS, manufacture and storage of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 456
PERFORMANCES, dramatic :
See THEATRES.
PER JURY:
False swearing before comptroller, is . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
False swearing in investigation as to origin of fires, is. . . . . . . . . . . . . . . . . . . . . . . . . . . . 466
False swearing in proceedings under rules of police board, is. . . . . . . . . . . . . . . . . . . . 251
PERMITS ITOR BUILDING, etc., to be reported to commissioners of taxes.......... 823
PERSONAL TAXES :
ASee TAXES.
PERSONATION :
False, of member of police force. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e e e º & tº 280
of member of fire department. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 434
of officer of health department. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 627
of elector. . . . . . . . . . . . . . . . . . . . . . . . . * @ $ tº $ tº s s e º a e e s e s a s is e a s e s ∈ s a s = e º is tº e º ſº ſº tº s & 1904
PESTILENOE :
Measures in view of...... e e º e º ºs e s is e s s e º e º a s g º º is a e s sº e º 'º s º is e s is sº e s tº e º e º ſº * * * * ... ... 580
Expenditures by health board during . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 580
PETROLEUM :
Crude, sale and storage of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 457
refined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 457
Licenses for Bale of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 458
Lights, etc., near warehouses for, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * 460
INDEX. 61
Section.
PEI ARMACISTS :
Iºxamination of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2018
fees for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2018
To be registered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , s e º is e º e s is e º sº tº s e º s a dº is sº * * * * * * 2019
fees for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2019
Responsible for quality of drugs dispensed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2020
exceptions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - - - - - - - - - - - 2020
Penalty for adulterating drugs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2020
Sale of poisons by. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2021
Registry of, what to contain....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2019
PHARMACY :
Persons conducting, to be registered. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2015
qualifications necessary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2016
Graduates of, meaning of term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2017
Licentiates in, meaning of term. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2017
Physicians' prescriptions not to be prepared by apprentices. . . . . . . . . . . . . . . . . . . . . . 2017
Board of,
of whom composed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2018
term of office and vacancies. . . . . . . . . . . . . . . . . . . . . . . . * e º ºr s is de e s e = * * * * * * * * * * * * * * 2018
powers and duties of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2018
PHOSPHORUS, manufacture and storage of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 456
PHYSICIANS :
To jail. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Poisons, Hale of by . . . . . . . . . . . . . . . . . . . . . . . . . • s is & º 'º º is g º ºs e º e º ºs º ºs e º is tº it tº dº e º ºs e is gº e º sº tº º 2021
Azod see l’OISONS.
To Coroners. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº in e s e º 'º e º 'º e is 201, 1769
And see CORONERS.
Contagious diseases, report of, by... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 608
Sick, report of, by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 608
Dead, report of, by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 608
penalties for neglect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 610
Affidavit as to patients sick of contagious diseases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 609
Night medical service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297-302
PICKPOCKETS, how punished........ e & © tº e s e º e º e º ºs º e º e º ºs e e º 'º º e º is tº e s is e º is is sº º e º 'º e º 'º e < * 1447
PIERS :
Erections on. . . . . . . . . tº e º sº e º is a tº $ tº e º ſº º is sº tº a º º is sº e s tº º , s e s is e º e º e s e s s º e s e e s is a s a s e e s is e e 772, 774
licenses therefor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 772
Public use of certain, preserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a e º 'º tº º is e º e s tº e g º is s 773
Markets on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº a gº tº e º ſº e º is e º e º ſº e º 'º º ºs e º e º e s tº is 727
Obstrugtions on, removal of . . . . . . . . . . . . . . . . . . . .‘. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 775, 777
expenses, when paid by owner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 776
merchandise, when seized and stored. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 777, 778
advertisement of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º º fº/
Sale of. . . . . . . . . . . . . . . . . . . . . . . . . .... * * * * * * * * * g e e º e º ºs & e º 'º e º gº gº tº gº is e * * * * * * * * * * * 779
Loose material, regulations for taking from vessels. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 782
Iron and metal, regulations for unloading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 783
Anchors, etc., not to be dragged over . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 783
To be kept clean by owners ........................ * * * * * * * * * * * * * * * e a s e e º a e s = e tº 784, 785
Certain, set apart for regular lines. . . . . . . . . . . . . . . . . . . . . . . tº º ſº tº e & tº e s is º ºs & e º 'º º tº 786–788, 793
North river canal boats and barges, provision for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 789-792
additional harbor accommodation for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 804, 805
Derricks, erection of, on . . . . . . . . . . . . . . * * * * * * * e ºs e º 'º e º is e º e º sº is sº tº e º e s is tº e º e º a s e e º e s = 790
Harbor-masters, duties of, in reference to certain leased.......................... 794
penalty for resisting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 795
Certain, set apart for farm and garden produce ...... is e s tº e º e s m is sº e s = * * * * * * * * c s ſº º is tº 797
Deemed to extend into streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º e º is s is ſº e º e º a s 771
Copy of permit for erection of, furnished commissioners of taxes ... .......
PIER, AND BULKHEAD LINES :
Establishment of, for Spuyten Duyvil improvement.......... tº e º ºn e º is e º & e º sº e s tº gº e º e 675
And see DoCKS, DEPARTMENT OF.
PILOTS :
Sandy Hook,
five bonds. . . . . . . e tº º e º e º 4 tº $ tº gº tº tº ſº e º e º e tº e g tº us tº e º ºs º gº tº G tº * * * * * * * > * > * * * e s m e º e º e º 'º e 2099
ees for detention. . . . . . . . . . ſº e tº gº & © tº º gº e & º is e e e is sº tº e º ſº e º ºs e º e º & a tº a º ºs e º e º us is e º º a 2105, 2106
services of, in harbor . . . . . . . . . . . . . . . * * * * * * * * * * g e º 'º º e º & ſº e º º ºs e º 'º e º º tº e º ... .2107, 2108
carried to sea. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * ... 2110
one first offering entitled to pilotage................... . . . . . . . . . tº tº it tº e s tº e º 'º º ºs e 2119
to report certain violations to pilot commissioners ...... 4 ºn tº g º e º 'º e º ſº tº tº e º gº tº e e º º 810
rewards for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * * * * * * * * * * * * * * * . 2112
suspension of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º e º e º e º sº e º 'º e º e º e g º e º e º e g º ºs º 2113
duty of, as to quarantine..... tº e s is e º e º e s tº e º a * = e tº º gº & • * * * * * * * * * * * * * * * * * * e º o 2121, 2122
entitled to take out vessel brought in by...... .. tº º º is e e º 'º e º e s tº e º sº is e º e º e ºs . . . . . 2100
rates of pilotage. . . . . . . . . tº e º e º e º e º ºs e º e º 'º tº e º 'º * * * * * * * * * * * 2101, 2102, 2104, 2407, 2108
complaints against. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2114, 2115
penalty for acting without license. . . . . . . . . . . & © tº e º 'º e º e º e º º ºs e º ſº e º e e º 'º is de e º g º ºs e tº 212
fees on detention . . . . . . gº º us e º ºs e º 'º e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2105, 2106
62 INDEX.
Section.
PILOTS-Continued.
Hell Gate......... * * * e s m e º e s is e e s e e º e º e to e - e º ºs e º ºs e g is tº - tº e º 'º -> * * * * * * * * * * * * * * * * ~ * 2124–2142
port-wardens make rules for.................................. tº e º 'º e º ºs º e º ſº tº . . 2126
to be appointed by governor............... © tº ſº tº gº tº º tº gº e º 'º a c e º sº º dº º e º 'º e s is © e s is e º & 2125
to be examined by port-wardens.......................................... ... 2125
apprentices to ........ • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * . . . 2125
first offering. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2131, 2133
extra allowances to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21:32
unlicensed persons acting as pilots in, penalty................... & ſº & gº e º e º sº e ... 2130
coasting vessels need not employ pilots..................................... . 2129
PILOTS, COMMISSIONERS OF : -
How elected. . . . . . . . . . . . . . . . . . • * * * * * * * * * * * e º e a • e º e a e º 'º e a t w e e s e s e o e s a e e s e s tº e º e s a 2093
Term of... . . . . . . . . . . . . . . . . . . . . . . . . . . • e º 'º - - e º 'º tº e º 'º e º º º tº e º - e. e. e. e. • * * * * * * * * * * * * e e s is 2093
Suits by. . . . . . . . . . . . . . . . . . . . . . * @ s e º e º s e º 'º e º e º e º e is * * * * * * * * • * * * * * * * * * * * * * * * * * * * * * 2123
Vacancies in........ * * * * * * * * * * * * * e s - © e s e º e º e s e º 'º a s a e s is e a s e º a tº e e s tº e º 'º e a e s e º e e s sº e 2093
Aid pilots with accounts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2118
May direct where scows for ashes to be stationed................................ 747
When examine steamboats . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 746
Power of, as to obstructions in harbor............ * * * * * * * * * * * * * * * * * * * * * * * * * * * g e 732, 735
ICeep piers, etc., clear and slips dredged. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 784, 777
Remove fish poles........... e e < e e e o e e e s - e s - e s e o e e s is e e s s e º e º sº * * * * * e s e s • * e s e e s s a e 736
Notices by. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2123
How examine applicants for license... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .......... 2098
Suspend licenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . * - e º 'º ºn e º e º 0. • * * * * * c e º e º a s a s e e a . . . . . 2113
Sue pilots' sureties.....'• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2099
Regulate pilot boats. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2100
Make and alter regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 * * * tº e º 'º - e. e. e. e. 2100
Impose fines. . . . . . . . . . . . . . . . tº e º e º ºs e º ſº e º e º e º sº sº sº tº e º e º ºr º e g º ºs e º ºs e s º ºs e e º e e s ∈ º ºs e º e s a e 2100
Require accounts for pilots. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2100
Collect percentage for pilotage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2100
Provide rewards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2112
Grant .# to pilots. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2113
Examine complaints against pilots. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2114
Give opportunity to be heard. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2115
Summon witnesses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2116
Examine under oath . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2] 16
Decision conclusive. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2117
Duties of in reference to obstruction on piers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 777
When to store merchandise on piers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '77, 788
To advertise and sell such merchandise... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
To cause piers to be cleaned and repaired. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 784, 785
PILOTAGE : -
Hell Gate, e
suits for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2128, 2134, 2142
rates of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2129
half. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2131
disputes as to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2140
in case of detention. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2132
masters giving false account of draught, penalty for......... & © se g º º & e º e º º e g º . 2129
Sandy Hook, ---
rates of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2101, 2108
who liable for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2109
coasting vessels exempt from . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2119, 2129
PILOT BOATS, at Hell Gate, who interested in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2128, 2138
PIPES, to Governor's Island, United States to lay. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 754
PITCH, quanity of, stored. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • e º sº tº º º e º e g tº e e g º º e º 'º - e. . . . . . . 457
PLACE OF TRIAL :
Of removed actions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1182
Of indictment for nuisance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1441
PLACES AND SQUARES:
9pening of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * @ tº e º e º ſº as º ºs e º 'º & tº gº tº º ſº dº e º e º º e º & 973
Limits of assessment on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * > 978
Deficiency not assessed on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... • . . . . . . . . . . . . . . . . . . . . . . 996
FLACES OF AMUSEMENT:
Firemen detailed to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 454
For obscene purposes, suppression of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 285
arrest of offenders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 285
And see TEIEATRES.
PLUMBERS: • ' -
List of registered plumbers to be published in “City Record ”............. º e º e º 'º. 68
Master plumbers to register . . . . . . . . . . . . . . . . . . . tº º e º ºs e e º ºs e º e º g º º tº tº e s tº e s tº sº e º 'º e º a de . 536
DOISONS: r
Tegulations concering sale of, by retail... . . . . . . . . . . . . . . . . . e e º e º 'º tº e º e º 'º º e e º e º ºs e º 'º 2021
Law relative to not to apply to practitioners of medicine............. e tº e º e º e º e º sº tº 2022
Penalties for violating laws relating to......................... • - - - - - - - - - - ...... 2023
when recovered, to whom paid.......................... e tº e º ºn e s e º & e s a ....... 2024
INDEX. 63
Section.
POLICE DEPARTMENT:
Head of, of whom to consist. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº º e º ſº tº dº sº e º 'º £ tº e g º e e 37
Government of, to be prescribed by Board of Police. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250
Persons holding office under, exempt from jury and military duty. . . . . . . . . . . . . . . . 275
Publication of names of applicants for appointment to office in . . . . . . . . . . . . . . . . . . . 268
Personal property of, may be sold when not required. . . . . . . . . . . . . . . . . . . . . . . . . . . . 256
Grant permission for parades. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1940
designate streets for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1940
To co-operate with fire department. . . . . . . . . . . . . . . . . . . . . . . . . . . . . • - - - - - - - - - - - - - - 443
Members of, cannot be bail. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1489
Salaries of persons connected with . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274
Abandoned property, and property supposed to have been feloniously obtained. .288–293
Board of Police,
president of, election of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
powers and duties of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
when to act as superintendent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266
to be on board of health. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41.
treasurer of, selection of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
to give bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
powers and duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
to prescribe rules for government of department. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250
to enact and modify rules of discipline of subordinates...................... 250
to compel attendance of witnesses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251
who may administer oaths in proceedings before. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251
false swearing in proceedings under rules of, perjury. . . . . . . . . . . . . . . . . . . . . . . . 251
to cause ordinances to be enforced. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252
to furnish information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * > * * * * * * * * tº dº tº e º 'º º 252
to provide house for detention of witnesses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253
to establish station-houses, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 254
to maintain lines of telegraph. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255
to procure steamboats, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256
to establish a mounted patrol. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... ..... 256
to procure horses and vehicles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256
to cause experienced persons to attend police courts.......................... 257
to provide lodging for vagrant and indigent persons. . . . . . . . . . . . . . . . . . . . . . . . . 258
to offer and pay rewards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259
to continue bureau of elections............... tº gº © tº e º e º 'º' is s sº º is tº s tº ſº we e g º sº e º 'º gº we e º 260
to appoint chief of bureau of elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260, 1845
to perform duties relating to elections. . . . . . . . . . . . . . . . . . • * * g e º g º ºs e e º e º & º we & ſº ... 260
to co-operate with board of health . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
to enforce sanitary rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
to pay members of the force. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
to furnish stationery, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
members of, to hold no other office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
officers of, their election and duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
to assign duties to police surgeons. . . . . . . . . . . . . . . . . . . . . . . . . . . '• * * * * * * * * * * * * * * 267
may appoint special patrolmen..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269
to punish members of force, on conviction, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272
duties of, in respect to inspection of steam boilers... . . . . . . . . . . . . . . . . . . . . . . . 310–313
to fix salaries of clerks, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274
may permit gifts to members of force. . . . . . . . . . . . * * * * * * * * * * * * * * * * * * * * * tº e º e º 'º 276
to keep course, etc., for regattas of association of amateur oarsmen. . . . . . . . . 294, 295
to appoint policemen designated by telegraph companies..................... 314
qualifications, uniform and pay of persons so appointed . . . . . . . . . . . . . . . . . 313
duty of, as to elections.......... . . . . . . . . . . . . . . . . . . . 260, 1846, 1847, 1849, 1850, 1874
Bureau of elections,
continued in office of department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
to be regulated by police board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
And see ELECTIONS.
Captains of, number of............. e tº e º e º is tº e º a s e º 'º we e º e º º gº º ſº tº º ſº e º gº ºn s º e º & tº e º 'º º º & 265
salary of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 287
powers of, relative to pawnbrokers, venders, junk-shop keepers, junk boatmen,
cartmen, dealers in second-hand merchandise, intelligence office keepers
and auctioneers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * e º a s e º ºs e º ºs e º 'º 283
may administer oaths. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251
may examine pawnbrokers' books, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 284
mayor to have power of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
Chief of bureau of elections, -
appointed by police board.................. . . . . . . © tº e º 'º e º & © tº e º ſº tº ... . . . . . . .260, 1845
salary of... . . . . . . . tº ſº e º 'º & e is e º ºs e e º e º ºs e e e º e s = e tº a e e º e e s a tº e º 'º e e º e º & s e º 'º e is ... ... 260
removal of... . . . . . . . e dº º ºs º º ºs * * * g º e º e º s tº a º º & © tº e º e º e º sº sº e º sº e s tº * e º ſº tº e º te e ... . . . . 260
Chief clerk of, and deputy,
may administer oaths, etc.......... tº e º e º 'º & tº g º is e º a s is a º º º tº sº e º e º ºs º ºs º e º e º e º e º sº e 251
Commissioners of, -
number of, and term of office............. tº º e e º e º a tº e º º ºs e < * * * * * & © tº e º 'º e º e º is tº tº º 37
salaries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * 52
each may administer oaths, etc...... e º sº e º 'º e º e º ºs e º e º e º 'º tº e º is tº dº e º º º tº º º ſº e º ºs º º ºs 251
to hold no other office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº tº gº e º 'º º ei e º º tº º e º e º e s sº e s 263
to elect officers of police board from their number . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
are trustees of police pension fund..... * g º ºs e e º E tº º e º e º ſº ºn 6 tº º º ºs e s p e º 'º ... . . . . . . . 808
64 INDEX.
POLICE DEPARTMENT—Continued. Section.
Commissioners of, . y
expenses of successful, in proceedings to remove, to be audited and inserted in
tax levy. . . . . . . . . . . . . . . . . gº tº e º e a s = e s a s ºf e is a s a sº e s is a e e s ∈ is sº e s is is sº * * * * * * * . 196
bonds to be issued to pay expenses of proceedings for removal. . . . . . . . . . . . . . . 155
assist commissioner of jurors.......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 1665
Doormen, number of... . . . . . . . . . . . . . . . . . . . . . . . . • * g º e º e s s s is s w = e º e s e e s a e s tº e s tº e s a . 265
Balary of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e s p * * * * * * * * * * * * * c s sº e º 'º ... . . . 287
False personation of member of police force. ............. . . . . . . . . . . . . . . . . . tº ſº e g º ſº 280
Inspectors of, number of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº a tº s ſº gº is tº . 265
Baiary of... . . . . . . . . . . . . . . . . . . . . e e e º ſº e = w is s º e º 'º e º e g º e tº º e s s e g º e s tº s s ºr e º & e º s = º . 287
may administer oaths. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251
Mounted Patrol... . . . . . . . . . . . . . . . . . . . . . . . . . p s = e s • * * * * * * * * * * * * * * * * * * * * * * > º ſº tº s ... 256
Night medical service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . gº tº a s g º e e 297-302
Pension Fund,
police commisBiomers to be trustees of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... • * * * * * * 303
officers of board of trustees of................ • . . . . . . . . . . . . . . . . . . . . . . . ...... 303
duties of trustees of......... tº e g g º O & tº e º 'º e º 'º gº tº • * is e e º 'º g º e º is º gº º e s ∈ G e º ſº gº tº ºn tº e º sº tº º 303
to be paid over to trustees ........... tº º tº º º & g º ºs º Lº º ſº e º ºs º e s m e º dº e s p is a tº º • * * * * * g º & 304
of what to consist . . . . . . . . . . . . tº us º º e º ºs e º 'º a s & s s is tº e s as e e s tº e . . . . . . . . . . . . . . . . . . . . . 305
pensions, when to be granted...... . . . . . . . . . . . . . . . . . . . . . . . e s e e s e s e e e º e s is e s a º 306
provisions for retired policemen.................. tº $ tº gº is ſº tº gº tº e º 'º º tº gº & tº gº is e º º . . .307-308
pensions, when to cease. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº gº tº e º ſº e g tº e e g is tº * 308
when granted for disability or disease. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 309
Police force,
of whom to consist. . . . . . . . . . . . . . . tº gº º tº 4 & º º ºs & tº gº tº tº tº $ tº g º sº tº e s º g º º ºs e g º ºs e º e s is ſº e g º & 265
qualifications for membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268
members of, to receive a warrant of appointment and take oath of office...... 270
promotions in . . . . . . . . . . . . . . . . is * * * * * * * * * * is e º ſº a tº e º ſº e º g º ºs º de & ſº tº is tº G & e º gº tº e º gº tº gº e ſº . 271
punishment of members of.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272
members of, how removable. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272
not to resign. . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * g º is tº e º tº a s is s tº e g º e tº e º ºs e º ºs .... 273
exemption of members of, from military and jury duty, arrest on civil process
and service of subpoena. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * J &
not to receive gifts without permission of board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 276
powers of members of... . . . . . . . . . . . . . . . . . . . . . . . . . tº dº gº tº e e º 'º º sº e º e º ºs & ... . .277, 278–282
arrests by, duties in case of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279
violence towards members of, how punished. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 280
falsely personating member of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 280
duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • & tº £ is & © $ tº ſº ſe e g tº 282
to regulate booths at polling places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286
Balaries of members of...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 287
to enter places of amusement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2004, 2013
Patrolmen, number of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º e º ºs ºs e º º e º 'º e º e º e s sº a g g g 265
increase of, yearly limited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ſº tº e º & & e º e g º gº 265
salary of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . & e e º e º e º e s e s a s s a e s e . . . . . . . . 287
employment of, on other than patrol duty. . . . . . . . . . . . . . . . . . . . . . . . 4 as sº e º e g a s e 256
detailed to election polls. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * g tº gº tº 286
Process, criminal,
by whom may be 80rved. . . . . . . . . . . . . . . . . * gº gº ſº º º tº gº º ºs º gº tº e º is sº e º ſº g tº . . . . . . . . . . . . . 281
Property clerk. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .288–293
Sanitary company. . . . . . . . . . . . . gº is sº e º ºs e e º ºs & Cº. º. is is tº º ſº tº dº * 6 s is e º s is e º 'º e s e e s s e = * * * e e .... 296
Sergeants of, number of.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
Balary of . . . . . . . . . . . . . . . . . . . . * g g g g º e º gº e g º is e º 'º e s e s º e º e º 'º e º º ºs e e º e º tº e s & s is e º ºſ e is 287
may administer oaths. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251
Special patrolmen, when may be appointed.... . . . . . . . . e e º ſº a s e º it s e º e º ºs e º ſº ........ 269
Steam boiler inspection. . . . . . . . . . . . . . . . . . tº C & © tº º ºs e º sº gº º ſº e * * * * * * * * tº e is ºr e º ºs º e & ... . .310–313
Superintendent of,
Balary of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº º ſº tº º ºs 52, 287
may administer oaths, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2:
vacancy in office of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266
powers of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * g º º 283, 284
duty of, in reference to gaming-houses. . . . . . . . . . . . . . . . . . . . . . . . . . . . © tº dº º ºs ºn tº gº is º 285
to detail patrolmen to election polls. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286
mayor to possess powers of . . . . . . . . . . . . . . . . . . . . . ſº ºn tº ſº e º is is gº e º is tº ſº e º ſº e ºl tº ſº tº dº e º 'º tº ºn 121
Surgeons of,
number of . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 @ º e º º sº tº º ºs e º e º 'º e º ºs e º e º ºs e s is a s & e º e º sº gº º . 265
duties of, to be assigned by police board. . . . . . . . . . . . . . . . • * * * * * * * * * * * * g g tº its e º dº e 267
to aid sanitary inspectors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº ſº tº e º ſº gº gº e º e º e tº 267
Balary of. . . . . . . . . . . dº tº tº e º 'º e º s tº tº e g º e s tº e s = e º e º e º e º 'º e º e º ºs e s tº gº e º e g º ºs e º 'º fº ſº º gº tº gº & & & 287
POLICE COURTS : &
Annual appropriation for expenses of....... s & e º e º & Cº tº dº e º ºs º ºs e s tº e º a s ........194 (sub. 18)
Experienced person to attend for police department. . . . . . . . . . . . . . . . . . . . • sº * is e º e s e e 257
Salary of interpreterB of... . . . . . . . . . e tº s e º e < e º e s e e º 'º e & tº e º 'º gº & e º tº gº as a • * e e s e as a ....... 1546
And see POLICE JUSTICES.
POLICE JUSTICES :
Appointment of... . . . . . . . . . . . . . . . . . . . . . g º ºs e º ºr e º e s e s a s e & e s tº tº e º e º gº tº gº º º is ſe e .... 1541, 1542
Have possession of court-houses. . . . . . . . . . . . . . . . . . . . . e & © tº e & ... . . . . . . . . . . . . . . . . . . . 1501
Expenses of, to be paid . . . . . . . . . . . . . . . . . . . . . . . is tº º e º ſº e º e g º ºs e º a • & º e º * * * * * * * tº e º ºs º ºs 1561
Expenses required to be reasonable........... & g º e g º is is tº e s = e º º ºs s a s tº s e ... . . . . . . . . . . 1561
Number of........ tº & s ſº a tº º dº º is a e º e g g g g º e º e º ºſ e º e tº ſº ſº e s & © e º 'º e º e º e º º sº e º e º ºs e º ºs º ºs e º ſº . 1541
INDEX. 65
Section.
POLICE JUSTICES.–Continued.
How appointed . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1541
Certificate of appointment. . . . . . . . . . . . . • * * * * * * * * * * * * * * * * G - e º e º 'º e s e s tº as e º 'º e º e º ºs e º e 1542
Terms of office. . . . . . . . . . . . . . . . s & e s e e s ºr º e º e º e e is ſº e e º 'º - © e º e o 'º º e º e e º e º 'º - 6 - º - e < * * * * * 1544
Salaries of... . . . . . . . . © 2 e a s e º ſº e g is e º 'º - © tº º © a e g g g g g º e º a e s ºr e º e s e º a ſº e º s sº ſº º a º ºs e º e º e º º 1543
Vacancies, how filled. . . . . . . . . . . . . . . . . . . . . . . . º e s a dº e º ºr e º ſº e º e º ºs e a s s • * * * * * * * * * * * * * 1544
Receive no fee8 or perquisities. . . . . . . . . . . . . . • & 9 º' is e e º e g º e º e º 'º º e º us e e º e º e º 'º º e º 'º e is e & 1545
T)evote their whole time....... © e s sº e º e º e º 'º' tº gº e º e º ºr e º 'º e º sº º e º a º º ſº º e g º ºs s e º º º ºs º º º ſº tº gº ºn 1545
Constitute a board. . . . . . . . . . . . . . . . . . . . © ºr e º 'º e º 'º & d e º ſº e s p * tº º e º e s is sº e s a s º e s sº e º e º ºs e º º 1546
Annual appropriation for expenses of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
Elect president . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1546
Secretary to be a police court clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1546"
Aşkistant clerks to obey clerks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1546
Board of, to prepare rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1540, 1548
Contents of rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº º 4 & tº e º º is tº e º 'º e º a 6 m e º º ſº e º & 1547
ABBignments of justices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1547
What to be contained in bookB and records. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1547
Publicity of records. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1547
Transfer of cases to another justice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1547
Record to Bhow causes of adjournments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . & e º ºs e s tº 1547
Record where complaint dismissed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1547
To report annually. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1550
Number of report of, printed. . . . . . . . . . * * * * * * * * * * * * * * * * * * * * * * * * * e º e º e º e º e º 4 s & e º & 155
Contents of report of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1550
Duties of clerks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1551
Blanks for reports. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1552
Undue publicity of proceedings prevented. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - - - - e º ºs ºf 1552
Clerks pay over money8 monthly, with Sworn return ... . . . . . . . . . . . . . . . . . . . . . . . . . . 1553
Only attorneys to practice before. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1556
Complaints against attorneyB investigated by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1556
When and how justices or clerks removed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1557
Causes of removal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1557
Procedure for removal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1558, 1559
Rules for meetings of board of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1546
Board appoint police court clerks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1546
Number of clerks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1546
Term of clerks. . . . . . . . . . . . . . . . . . . . ... • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * e s e º e º e º 'º s e 1546
Bondf of clerks. . . . . . . . . . . . . . ; - e. e. e. e. * * * * * * * * * * * * * * * * * * * * * * * * * * * * g e º e º e s w a e s a s a e 1546
How clerks and assistants appointed. . . . . . . . . . . . . . . * * * * * * * * * * * * * * * • * * * * * * * * * g g g tº 1546
Interpreters to be appointed and removed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .......... 1546
Stenographers and attendants appointed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1546
Terms of assistants, stenographers, and attendants... . . . . . . . . . . . . . . . . . . . . ........ 1546
Notice of removal and opportunity for explanation to assistants. . . . . . . . . . . . . . . . . . 1546
Salaries of clerks...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1546
Clerks give whole time to duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1546
Appoint clerk and deputy of special Sessions. . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * g º e e 1570
Board of, powers of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1548
to appoint clerk, etc., of Special sessions ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1570
Duties of, in respect to health laws. . . . . . . . . . . . . . . . . . . . . . . . . . ‘. . . . . . . . . . . . . . . . . .568, 572
Majority of board necessary to act..... . . . . . . . . . . . . . . . . tº ~ * * * * * * * * * * * * * * * * * * * * * s e 1449
Where courts held . . . . . . . . . . . . - * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * g e s e ºs 1554
Police to attend courts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1555
False swearing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1560
Impose fine for intoxication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1562
Commit vagrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1465
When may take bail. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1487
Forfeit recognizances . . . . . . . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * sº e º e º a e º e e s a g º as 1474
Take recognizance for disorderly person. ... . . . . . . . . . . . . . . . . * * * * * s s s is e e e s - e. e. e. e. e. e. e. 1460
Commit children to almshouse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............. 1463
Form of commitment for vagrancy by. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1563
Discharging vagrants in violation of law...... . . . . . . . . . . . . . . . . . . . . . . ........... 1565
Require complainant in assault to pay fees ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1566
Amount in which may take recognizance. . . . . . . . . . . . . * * * * * * * * * * * * * * * * * * * * is e e s e e a 1567
Examine pawnbroker's books and property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * e º e 1568
May act during inability of coroners. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1779
POLICE PENSION FUND :
See POLICE DEPARTMENT.
POLLING PLACES: patrolmen detailed to.......... . . . . . . . . . - e º 'º e s is a s a s m e º 'º a e e s = e º s 286
POOR, .
What included in the term. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210
Appropriations in aid and Bupport of, from excise moneys. . . . . . . . . . . . . . . . . . . . . . . . 210
Statistics of... . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ... 419
Board of estimate and apportionment to provide for.................... * * * > * g e º s 196
Relief of, by health board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 * * * * * ... 553
Support of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº ſº º e º 'º º e º ºs e º te 196
Rº: blind, annual appropriation for. . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * * * * * e º e s = 418
how distributed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 418
PORT, CAPTAIN OF:
See CAPTAIN OF PORT.
5
66 INDEX.
Section.
PORT OF NEW YORK, limits of...... • * * * * * * * * * * * * * tº tº tº e º 'º º e º e º ſº º e e s 6 s s is º e º º e º 'º e 761, 803
PORT WARDENS:
Number of . . . . . . . . . . . . . . . . . . . . . * e º e º ºr t e º ſº dº ſº tº tº gº ºn e º is sº e s sº e º 'º e º ſº º ºs e º ſº e is e º is sº º e º e º e 2085
Three to be nautical men..... * e s tº e º a s º e º e i s tº s is ſº tº a sº e it tº e º 'º gº tº e º is sº * * * * * * * * * * * * * * g º is 2085
How appointed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e e s m e º tº a tº e º e s is a s m e º s e º & # * * * * * g e º e 2085
Choose president and vice-president . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2085
Terms of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2085
Removal of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2085
Suspension of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2085
Secretary of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * e is e º sº a e º 'o e º ºs e º e º ºs e º 'º ºr e º e º º tº e 2086
duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2086
Examine damaged goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * g tº a ſº. " 2087, 2088
Survey vessels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2087
Value and measure vessels. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2087
Certify to facts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... • * * * * * * * * * * * * * * * * 2088
Advertise examinations and surveys to be made. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2088
Attend sales of damaged goods and vessels. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2088, 2089
Auctioneer, pay fees to, on damaged goods. . . . . . . . . . . . . . . . . . . tº e º e º is , is tº e º s tº e º 'º e º e 2089
Tees of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2089
Powers exclusive. . . . . . . . . . . . . . . . . . . . , º g º e º º ſº º e º 'º e º e g & e º is e º ºs & © tº e º s ºn tº e º gº e º ºs º gº º is de & 2090
Special, at quarantine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2091
Special, fees of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2091
Report fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * * * * * * * * * * * * 2092
To examine Hell Gate pilots. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2125
to make rules for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2126
investigate complaints against. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2127, 2135
Goods damaged at sea, Bold under direction of....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1984
To attend sales of condemned vessels, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1984
POST OFFICE:
Ceded. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . to e º e s is a s e is tº s e s e º e s e s is a e s e º e º a “ s tº 1633
Exempt from taxation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 826
Branch, Bervice of legal papers through.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1081
PRE-EMIPTIVE RIGHT:
Supreme court, order Bale of... . . . . . . . . . . . . . . . . . . . . & º ºs e º e & © tº e º sº Gº tº e s tº e º te e º 'º e º g º ºs . 1119
How Bale of, conducted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1120–1122
PRESBYTERIAN HOSPITAL, exempt from taxation............................... 824
|PRESIDENT, boards may choose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
And see ALDERMEN, BOARD OF, and the scueral DEPARTMENTS.
PRINTING, BOARD OF ................. & e º & G s s º ºs º e º 'º º sº e º e g g º gº ºr e e º gº º * gº e º º ºs tº º ſº e º 'º º 66
PRINTING FOR, CORPORATION: -
To be executed by contract. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66, 68
by whom made. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Bpecifications for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
When to be done without contract. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * g & º ºs e º & e 68
I’RINTING HOUSE SQUARE, elevated railways forbidden in....................... 1944
PRISON, CITY, transfer of those committed to...................................... 398
BRISON OFFICERS, not be bail . . . . . . . . . . . . . . * @ & © e º s º ºs ºs e º sº tº e º e º e º 'º e º º 'º e º ºs e is g g g g g g 1490
PRISONS, wardens of, to pay over fines with sworn returns, ... . . . . . . . . . . . . . . . . . . . . . . . 1553
PRISONERS, common pleas appoint trustees for...... tº e º ºs e º 'º e º ºs e º e g º e e º ºs e º e º e s is e º gº tº e 1165
PROCESS, criminal, Bervice of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 281
TROCESSIONS:
In streets. . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * * * * * * * * * * * e s e e e s m e º sº e a s e e s e o e 1939-1942
on Sunday. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1941
PROPERTY abandoned or feloniously obtained..................................... 288-293
PROPERTY OF CORPORATION :
Sinking fund commissioners may sell or lease.................................... 170
how sold or leased. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............ 170
wharves and piers excepted. . . . . . . . . . . . . . * * * * * * * * * * * * * * * * * * s e º e s e e s s e e º a 2 s a s 170
certain markets excepted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..................... . 170
conditions of Bale or lease of market property............................... 170
When Bold, to be at public auction.............................................. 61, 62
public notice thereof to be given...... ir, s • * * * * * * * * * * * * tº e º sº tº * > tº º ſº º is tº e º 'º * * * * * * > 61, 62
proceeds of Bale paid to chamberlain........................ © º e º e º ºs º gº º ...... 61, 62
account of sale filed with comptroller....................................... 61, 62
Proceed8 of sale or leasing paid to sinking fund . . . . . tº e º ºs e º * * * * * * * * * * tº e º is º e º ºs e º is ſº
Conversion of, by officers, a misdemeanor........................... & ſº tº e º g º ºs º º gº tº 57
Market property, condition of Bale or lease of ................. tº a tº a tº e ºs © º dº e s p & ... 170
exceptions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * s s e w w e e s ºf s is e e s tº e a g º e s e e º s 170
PROPERTY CLERK OF POLICE DEPARTMENT. . . . . . . . . . . . . . . . . . . . . . . tº gº tº e º ſº 288-293
Stolen property to be delivered to commissioners of charities and correction...... 292
INDEX. 67
Section,
PROSTITUTES :
When vagrants ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e & © tº e º e º e º e º & ... 1464
Committed to certain institutions on their own application ...................... 1466
When guilty of disorderly conduct. . . . . . . . . . . . . . . . . . . . . . . & e o e º e º e < e < e < * * * * * * * * * * 1458
PROTECTORY, CATHOLIC:
Committal of children to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ‘s e s e º 'º e º 'º e s e º e º e sº.1618–1624
Discharge of children committed to... . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * 1623, 1624
Per capita allowance to... . . . . . . . . . . . . . . . . . . . . . . . . . • e º e º . * * * * * * * * * * * * * * * * * * * * * * * 194
PROTESTANT EPISCOPAL HOUSE OF MERCY, annual appropriation to........ 194
RUBLICATION : s
Of legal notices and judicial proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... 1093
Of summons in marine court ..... e is e º 'º e º e < * * * * * * * * * * * * * * * * * * * * * * * * * is e º e a e º e s e º 'º 1247
Of proposals for contracts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
PUBLIC EXHIBITIONS, licenses for.............................................. 114
And see THEATRE8.
PUBLIC ADMINISTRATOR, .
Jhief officer of bureau in law department. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 216
Oath of office and bond ...... tº ºr e g º e s a e º e - e º a s e º ſº tº s e º 'º e º 'º in s is tº * * * * * • * > tº e º e º e e º e º e 217
Salary of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . dº e s is e º • * * * * * * * * * * * * * * * * * * * * * * * * * * * 52
Commissions, etc., received by, paid into treasury. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 6–218
Statement of, to be printed in “City Record ”.......... • * is e º ſº º e º 'º e º 'º e s ºf e º e º ºr e - e. 216
rates of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218
Iºffects of intestates,
when to have authority over . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219, 221
order of Burrogate, when necessary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222
Bubpoena to discover. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222
proceedings under. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223, 224
health officer, duty of, relative to........ ... * * * * * * * * * * * * * * * * * * * * * tº e º e º ºs e e e º º 225
when perishable, may be sold. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226
Sale of, when perishable. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * g e º & e º sº tº 226
when worth not more than $100, to give notice.......................... 231
proceedings thereunder. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231, 232
expenses in Securing, etc., to be paid from . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * * * * * 229
assets, when to be delivered to executor or administrator . . . . . . . . . . . . . . . . . . . . 235
authority of public administrator over, when to be superseded . . . . . . . . . . . 236
Letters of administration, when to be applied for by . . . . . . . . . . . . . . * * * * * * * * * * * * * * 227
when to be granted to public administrator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230
when granted to relative. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '• - - - - - - - - - - 228, 237
effect of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228
Rights and powers of, when entitled to administer....... . . . . . . . . . . . . . . . . . . . . . . . . 239
Power of, before issue of letters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233
Toreign consuls, when notice to be given to......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . 234
Suits by, not to abato. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238
Moneys received by, how deposited . . . . . . . . . . . . . . . . . . . . . . . . . .................... 240
May make advances to relatives of deceased. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241
Annual statement of, to board of aldermen. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243
penalty for neglect to make . . . . . . . . . . . . . . . . . . . . . . tº tº º e º e º 'º e º ºs e º 'º e e s tº t e a . . . . . 243
Corporation responsible for moneys received by............................ . . . . . 244
To deliver effects, etc., to successor. . . . . . 9 * * * e º 'º e o 'º e º º © e º e º 'º' ** * * * * * * * * * * * * * * * * ... 245
Teports to, by hotel keepers, undertakers, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246
To leave copy of law at boarding-houses, etc. . . . . . . . . . . . . . . . . . . . . © e º e º s º as e º ºs e - e. e. 247
PUBLIC BUILDINGS :
- See BUILDINGS.
FUBLIC DOCUMENTS, number of, to be printed .................................. 66
PUBLIC INSTRUCTION :
See SCIIOOLS.
PUBLIC PROPERTY:
Disposed of only by sale at public auction..... . . . . . . . . . . . . . . . . . . . . tº º tº º º º e e e º ºr e > e 62
Lease of, to denominational institutions. . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * & 61
Sale of, to denominational institutions. . . . . . . . . . . . . . . . . . . . . . . tº gº ºn e s e º e º 'º e • * * * g e s tº 61
PUBLIC WORKS, COMMISSIONER OF:
See PUBLIC WORKS, DEPARTMENT OF.
PUBLIC WORKS, DEPARTMENT OF :
General powers of ...................... tº º e º a e s e º e º e º 'º e < * * * * * * * * * * * * © e º gº tº e . . . . . 816
Head of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e s tº * is a e º sº e º 'º e º 'º e º e e º sº tº e º e º e 38
Bureaus in . . . . . . . . . . . . . . . . • * * * * * * * * * * * * • e º e º ºs e º e º 'º -> * > -e e o ºs e º º tº º tº e - © tº e º e º e º e º e - 317
Chief officers of bureaus. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .317
I’owers of, in reference to street through Washington Square............... ... ... 318
Powers of, in reference to certain streets above l'ifty-ninth street.............. 319, 320
To direct repaving of streets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 321
To have chargo of relaying removed pavements... . . . . . . . . . . . . . . . . . . . . . . . . . . . . .322, 323
Meant by words, “street department "............ e e º e s e o e e e s tº e s • * * * * * * is a s e e s a ... 325
To have charge of construction of sewers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 326
To maintain free floating baths..... © tº a tº º e º e º 'º e e tº tº e s - a tº s e º 'º tº e e º º º • e º e º 'º e . . . . . . . 346
68 INDEX.
PUBLIC WORKS, DEPARTMENT OF-Continued. Section.
Water supply:
duties and powers of department as to procuring and distributing........... 350–384
And see WATER SUPPLY.
Commissioner of public works,
head of department of public works. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e tº e º º ſº 38
term of office. . . . . . . . . . . . . . . * * * * * * * * * * * * * s a e º ºs e º 'º e º 'º e º sº e º 'º e º ºs e º 'º e º & e g º e - e ºs 38
salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
mºe. of board for lighting streets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * 69.
to have care of street lamps. . . . . . . . . . . . . . . . . . . . . . . . . • e s a s - e e s is e º e º e º e º e º e s (39
board of aldermen may require certain acts by.......................... 86 (sub. 25)
may appoint a deputy commissioner......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 315
powers of deputy. . . . . . . . . . . ... • * * * * * * * e e s º º e º 'º º is e - © tº e a e e s e e - tº º is e º 'º a tº e º e º 'º e º e 315
duties of, in reference to repaving streets, ... . . . . . . . . . . . . . . . * * * * * * * * * * * * * * * * * 321
in reference to relaying pavements removed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 323
to remove obstructions from streets, sidewalks, ctic. . . . . . . . . . . . . . . . . . . . . . . . . . 324
meant by words “street commissioner ". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 325
to lay out sewerage districts, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 327
maps of sewerage districts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 328
to contract for construction of sewers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 329–332
to certify cost of, to board of assessors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 333
Morningside park, duties of, in respect to streets, etc., bounding............ 334, 338.
to lay out streets from Tently avenue to Avenue St. Nicholas. . . . . . . . . . . . . . . . . 339
to grant locations for apparatus houses for fire department................... 343
county court-house, when to complete work on.............................. 344
market place in the Ninth ward to be prepared for occupancy by............. 345
urinals, to be established and maintained by..... • * ~ e º & © a e s • * * * * * * * * * * * * * * * * > 347
to report arrears of water rates......... • * * * * * * * * * * * * * ~ * * * * * * * * * * * * * * * * * * * * * 921
member of board of street openings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 955
to provide accommodations for court of Sessions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1518
powers of, as to grades. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1963, 1965
to lay out certain streets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
to remove Fifth avenue reservoir. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
to remove pipes connected with Fifth avenue reservoir. . . . . . . . . . . . . . . . . . . . . . 349
to use land for park. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 685
to proceed with improvement of Hunt's Point district....................... 686
PUMPS, assessments for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 884
PUNISIIMENT for official neglect of duty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
For bribery of city officers, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
For officer being interested in contracts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
For second offense. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1443
For buying stolen property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1453
PUTNAM COUNTY, lakes in, use of water of... . . . . . . . . . . . . . . . . . . . . . . . º e º e º 'º & a tº º º º ºs 380
PUTRID SUBSTANCES, removal of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 541
Q.
QUEEN'S COUNTY:
To be paid the excess of debts of North Brothers island by New York city........ 82
QUORUM :
Aldermen, majority of, is... . . . . . . . . . . e - © e º 'º e º e º e º e e * @ e º a G e º e º e e e º e º t e º e º 'º e º a e G 46
Boards, majority of, is.......... & © tº tº º tº e º e º 'º e º tº e º e º º ſº a c e º O e º º tº dº e º 'º e º & © e º sº a se © e º 'º º 46
|R.
RAFTS, when to be removed by dock department. . . . . . . . . . . . . . . . . . . . ....... . . . . . . . . . 723
RAGS :
When seized and sold. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * s s s a e s e º a © e º e º e ∈ 547
Storage of... . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * .... 462
RAILROADS IN STREETS : -
Forbidden in parts of Broadway, Fifth and Fourth avenues. . . . . . . . . . . . . . . . . . . . . . 1946
Forbidden in parks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1946
Elevated, forbidden in certain streets and places . . . . . . .......................... 1944
When may be constructed in streets........ tº e º e º e s e º e º ſº e º e e s s & e º e s - e. e. e. e. e. e. e. e. e. e s s 1943
Tracks, Salt on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e e s = e º sº 4 • * * * * * * * * * * * * * * * * * 1938
processions on. . . . . . . . . . . . . . . . . . . . . . . . . . . * e º e s a • * * * * * * * * * * * e o e º e s e e s e s a • e º s 1939
To provide and use hose bridges..................... * * * * * * * * * * * * * * * g e s tº e e º sº .... 445
REAL ESTATE :
#. whom sold under judgment............. © tº e º 'º º e a e º 'º e s - e º & º e º e º e º 'º & © tº e e s tº tº tº a e 1088
eaning of term in provisions for acquiring land, etc., for water supply.......... 379
RE–ASSESSMENT, when authorized........... tº º sº gº tº º * - e s m e º e º sº tº ſº e s tº s e º 'º e s e e º e s tº e s e & 905
RECEIPTS AND EXPENDITURES OF CORPORATION, comptroller to publish
annual statement of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e s e e s tº a s e º 'º 126
INDEX. 69
Section.
RECEIVER, .
Clerks, deputies, etc., forbidden to be, without consent. . . . . . tº e s = º e s e e º sº e º e º is e º ºs ... 1079
Auctioneer's fees not divided with..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1996
RECEIVER OF TAXES : *
Chief officer, bureau collection of taxes................. * * g e s is e º e s e e º e s e is e s e º s e e 125
General powers and duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 835
Taxes, to receive personally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 839
To make a deduction from amount of taxes in certain cases. . . . . . . . . . . . . . . . . . . . . S42
Bond of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 835
new, may be required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * e º s e º e º ºs e º & e º & s e º ºs e 836
new, when to cease to be a lien. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 835, 837
Office of, where to be kept........ & e e s e º e s tº e º e s e s e º ºs e a tº sº e º s = e º e < * * * * * * * * * * * * * * * 838
when open. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -838
Suspension of, and causes for... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 851
Temporary successor, when to be appointed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 851, 852
Assessment-rolls, notice respecting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 841
Return of unpaid taxes made to clerk of arrears annually. . . . . . . . . . . . . . . . . . . . . . . . 922
Duties of, under act creating bureau collection of personal taxes. . . . . . . . . . . . . . . . 859
Comptroller to adjust accounts of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 837
Give notice when taxes payable. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 841
Give notice of unpaid taxes. . . . . . . . • * * * * * * e s is ºn e º e s p ∈ e e s e º 'º e s is a e s a sº e º e º e º ºs e º 'º 845
T}emand taxes of incorporated companies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 848
Books to be kept by.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 849, 850
Statement rendered by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 849
To pay to chamberlain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 849
When may issue warrant for unpaid taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 853
To report unpaid taxes and water rents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 922
To give information to assessors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 869
Deputy receiver of taxes,
uty of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 839, 850
bond of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 835
when to cease to be a lien. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 835, 837
new bond. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 836
suspension of, and causes for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... e º sº e s tº gº e º 'º as * 85
temporary successor, when to be appointed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 851, 852
daily statement of taxes paid rendered to comptroller... . . . . . . . . . . . . . . . . . . . . . S50
TECEIVING STOLEN PROPERTY, punishment for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1453
TECOGNIZANCES :
When and how judgments on vacated. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1483–148
Conditions of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1476
To appear, where filed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1470
For good behavior. . . . . . . . º, e º sº as º ºs e º s º is s º ºs º e º e º ºs e º sº e s a e s = * * * * * * * * * * * * * * * * * * * * * * * 1461
where filed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1472
costs on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1471
To leave the state. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1460
Judgment on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1480
Common pleas, jurisdiction over..................... . . . . . . . . . . . . . . . . . . . . . . . . . . 1480
Fees on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1481
For appearance, by whom taken. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1486
For disorderly person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1460
where filed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1460
how sued. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1460
To keep the peace. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1469
where filed. . . . . . . . . . . . . . . . . . . . . . . . . . . . as tº e º sº e º e s a s e e º ºs * - - - - - - - - - - - - - - - - - - - - 1472
when and where forfeited. . . . . . . . . . . . . . . . . tº e º us a e º 'º e º e º is e º 'º a s g º m sº tº e º e º 'º e º ºs º ºr 1472
cause of forfeiture. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1472
procedure whem breach of, alleged. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1474
amount of fine may be imposed on discharging. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1473
costs on taking recognizance.................... . . . . . . . . . . . . . . . . . . . . . . . . . . . 1471
fines and costs paid over.............. s sº a s e e s a se e a e s e e s e a e º e º e s e e s e e º e º e s & 8 º' 1473
Witnesses compelled to give.......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1591
For trial at special sessions........................ • e º e º a se e e s e e s e º ºs e º e s tº sº e º a º 1583
Forfeiting and docketing.................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1480
Forfeited, judgments on discharge. . . . . . . . . . . . . . . . . . . . . . . . . . tº e º ºs e º $ tº sº e ºn d e º 'º e º & 1163
Torfeited, duty of district attorney as to..................... . . . . . . . . . . . . . . . . . . 1472
No costs against city on . . . . . . . . . . . . . . . . . . tº a e º e º e º e º e º e º e s is sº e º 'º e s = e º m e º º e º ºs e e º 'º 1482
When common pleas may vacate judgments on................ • * * * * * * * * * * e º 'º e º is e 1163
Judges of general sessions may vacate............... ... e. e º m e º is a e º 's a e e s is e º ºs e º e º is e º 'º 1484
Costs on ................. e e º e e º e º 'º e º e º sº e º ºs e º e º e º p e º e s e e º e s = * * * * * * * * * * * * * * * * * . 1471
Amount of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1567
$RECORD OF COMMITMENT:
For vagrancy to be filed........ tº e s e e º e º e e s sº e e º sº e is a e º º ſº e º e º e º 'º e < * * * * * * * * * * * * * * * 1563
form of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1563
RECORD OF CONFIRMED ASSESSMENTS, . . . . . . . . . * g º e º ºs º e º 'º º ºs º º º tº tº gº tº e º e º e º 'º º 915
|RECORDS :
Of transactions to be kept by department............. tº º e º 'º e º 'º e º is tº * * * * * * * * * * * * * * 51
Of criminal business to be made and preserved . . . . . . . . . . . . . . . . . . . . . . . tº º º sº e º 'º tº $ tº 99
Public, certain, to be deposited with clerk of board of aldermen..... . . . . . . . . . . . . 77, 78
Of Superior city court, when ordered copied. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
70 - INDEX.
Section.
TECORDER. :
Election of.... . . . . . . e e s tº e º º ºs e º tº sº º is e º e º a e s a s e s is sº tº e s a s a sº e º e º e º e s tº dº & • * * * * e s a sº e º 'º 1519.
Vacancy, how filled. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1519.
A magistrate. . . . . . . . . . . tº e º 'º e º º e º gº º e e s e s e s s a s e º sº e s e s & e e s e s e º a s s e º e º a e e s e * * e s = e tº 1520
Salary of... . . . . . . . . . . . . * * * * * > © ſº º $ tº dº sº e º ſº tº e º 'º sº e º 'º º e < * * * * gº º º e º º e º s e a e s e e s e s tº a tº tº e & 1520
Term of........... © & & º e º a g º º tº e º º is is º e s a s e º is a tº g • * @ e s a e e º ſº e o is a e is a s e º ºs e e º s is e º tº a tº dº tº 1519,
No compensation beyond Balary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1520
Chambers for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 1524
May hold general Bessions ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . & e º e º e º 'º e s g g is a e º 'º º 1520
Member of board of revision and correction of a BSessments..................... ... 867
Commissioner of the sinking fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
Member of board of revision of assessment.8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 867.
Member of board of commissioners of sinking fund......................... ..... 170
Commit vagrants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * ~ * g g s º is tº e & . 1465
Take recognizance for disorderly person................ . . . . . . . . . . . . . . . . . . . . . . . . 1460
Commit children to alms-house. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1463.
REDEMPTION: -
Of land Bold for taxes, etc., time for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 940–942, 947
Interest allowed on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 948.
And 8ee SALES.
REFEREE :
Clerks, deputies, etc., forbidden to be, without consent. . . . . . . e is e e s is s e º s e e s tº is e s tº & 1079,
May Bell real estate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1088.
Auctioneer's fees not divided with . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ‘. . . . . . . . . . . . 1996
REFERENCE in Marine Court ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1244
REFORMATION OF JUVENILE DELINQUENTS, Society for commitment of
children to.... . . . . . . . . . . . . . . . . . • - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ... • * * * * g º e e 1594–1601.
REGATTAS :
Of association of amateur oarsmen.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 294
Police keep course clear. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . 295,
REGISTER, DATLY, newspaper, authorized. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1093
1FEGISTER, .
When chosen. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e s • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1737
Vacancy in office of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1738
Reside in city. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1739
Receive conveyances, wills and documents on deposit. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1758
how withdrawn. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1759–1761
Keep and file account of fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1762.
Office hours. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * * * ~ * g e s ºf s - e º 'º' 1741
Transmit to Becretary of state account of fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1763.
A85ign clerk to care of records. . . . . . . . . . . . . . . . . ºr e º is tº e º 'º - e º e - e º is ºn sº ºr e º ºr a tº º ....... 1742
Appoint deputy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1740
Powers of deputy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1740
Vacancy filled by governor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1738
Appoint ºffsistant, deputy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1740
Time within which searches made....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 1743.
Compensation of Bearchers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1742
Liable for errors in Searches. . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * * * * * * * is e ºs ... ... 1743.
Rights and powers of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . º, e o e º e s - e º - 1744.
Fees of... . . . . . . . . . . . . . . . . . . . . . . . . . . . • a s ºf s is a 4’ s a s as as a tº e º & 4 e s - e s ſº e º 'º - e a 6 º' is is ºr e > 1757, 1765
Make indices. . . . . . . . . . . . . . . . . . . . . . . . - 0 e º gº tº e e º º tº e º e º 'º e º 'º - e º 'º tº $ tº º e º º ºr e º 'º 1747, 1751, 1752
Deeds to be recorded by . . . . . . . . . . . * * * * * * * * * * * * * * * * * * * * * * * * * * > a. s. ſº * * * * e º ºs e s tº e º a sº 1744
To note in deed time when left for record. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1750,
Chattel morgages filed with . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . & e º e > * * * * * e º e º 'º 1753
to be numbered and indexed.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1756
when refiled. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . & g e º & e º ºs e e º 'º & 1754
copy of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1755
Memorandum of incumbrances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1746
Effect of failure to record conveyanceB, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1748, 1749.
Transcripts certified by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . º
Mortgages to loan commissioners to be deposited with and indexed by . . . . . . . . . . . . 1764
Book to be kept by, for names of mortgagees and others interested in property
Bold for unpaid taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 939.
Affidavit of service of notice to redeem filed with . . . . . * . . . . . . . . . . . . tº a tº e º e s = e º e = * * 938
Certified copy of “City Record ” to be deposited with.... . . . . . . . . . . . . . . . . . . . . . . . 66.
REGISTER OF LIGENSES, chief of bureau. . . . . . . . . . . . . . . . . & º e s & s is 4 tº e º e º e s tº a tº e a e s a 125
REGISTRATION OF WOTERS, annual appropriation for expenses of....... * * * * * * * * 194
Azud see ELECTION8.
RELAYING PAVEMENTS, assessment for ................. * e e s e s e s - a e s © gº e º gº e º e º 'º dº 877
And 866 PAVEMENT.
RELIEF FUND OF FIRE DEPARTMENT.
KSee FIRE DEPARTMENT.
RELIGIOUS AND DIENOMINATION AL SCHOOLS:
Moneys raised by taxation not to be given in aid of............. . . . . . . . . . . . . . . . . 61.
Public property for, to be sold at auction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Lease of public property to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Not to participate in Bchool moneys. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1062:
INDEX. 71
Section.
TEMISSION OF TAXES... . . . . . . . tº e e g º e s a e s s a s e e º e s a e e s tº e º e s is e s a e º & 9 º' tº e º e º 'º e º & º º ſº 822
And 8ee TAXE8.
TEMOVAIL OF ACTIONS :
From Buperior court and common pleas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1132, 1133, 1136
how order for made. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1133
appeal from order for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1134
stay in order to apply to remove........ . . . . . . . . . . . . . . . . . . . . . . . • - - - - - - - - - - - . 1135.
To superior court or common pleas... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1137
duty of clerk on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1138.
effect of order for... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1139
REMOVALS FROM OFFICE :
f commissioners, etc., how effected................................ . . . . . . ºr e = e º e 108
Of commissioners of excise.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
Of commissioner of street cleaning.............................. . . . . . . . . . . . . . . . 108
Of mayor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e e s e e s e s a s e º e s e º 'º - e º e º 'º' 122
Of chiefs of bureaus, etc....................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº 48
Of Bubordinates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Of members of police force..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272
To be published in “City Record ”..................... ... e s e º e s a e e s a sº e s e s • * * * * * * 51
REMOVAL FROM REAL PROPERTY, when application may be made to mayor... 120
Azd 8ee 80MMARY PROCEEDING8.
REPAIRS OF BUILDINGS:
See BUILDINGS.
REPAIRS AND SUPPLIES, bureau of............... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 317
REPAVEMENT OF STREETS :
See PAVEMENTS.
REPLEVIN IN DISTRICT COURTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1331–1345
REPORTS, of departments, etc., to be published in “City Record ” . . . . . . . . . . . . . . . . . . 49
number to be printed limited.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
RESERVOIR SQUARE, to be used only as a park............................ . . . . . . 685
RESERVOIRS :
In South East, roads around to be repaired and maintained........ • * * * e e º s a s a s > * 360
Land for, where and how taxed.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 361
Construction of, to prevent waste of water. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 380
And see WATER SUPPLY.
On Fifth avenue, to be removed by department of public works........ , ſº e º 'º ºn s e tº 130
comptroller to pay expense of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
comptroller to issue bonds for expense of removal. . . . . . . . . . . . . . . . . . . . . . . . . . . 159
assessment for removing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 896
Pipes connected with Fifth avenue reservoir to be removed... . . . . . . . . . . . . . . . . . . . . 249
Land to be used for park........ ‘. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 685
REVENUE, city, bureau for collection of............................................. 125
REVENUE BONDS :
For State tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
For other purposes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156–157
And see BONDS.
REVENUES, not otherwise appropriated, credited to general fund . . . . . . . . . . . . . . . . . . . 173
REVISION AND CORRECTION OF ASSESSMENTS:
Board of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 867
powers and duties of..... . & e o e s a e s a w s e s p → • , s a e s - e s = < n < e < * * * * * * * * * * * * * * * * * * * 867
REWARDS, may be offered and paid by the police board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259
TIGHT OF WAY :
Of fire department in streets, etc............ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 444
penalty for interfering with . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 444
ROBINS’ REEF :
Coded to United States ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1633
Exempt from taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 826
ROBBERY, from person, deemed grand larceny... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1446
ROMAN CATHOLIC HOUSE OF GOOD SIIEPHERD, annual appropriation to.... 194
ROMAN CATHOLIC ORPHAN ASYLUM, schools of.............................. 1066
ROOSEVELT HOSPITAL, exempt from taxation...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 824
ROOSEVELT STREET FERRY, rates of............................. , - e. e. e º a tº e º 0 & - & 1976
RULES OF SUPREME COURT apply to district courts............................ 1426
72 INDEX.
Section.
RUNNERS FOR STEAMBOATS, IIOTELS, etc.:
Licenses of... . . . . . . . . . . . . . . e e º e e s e e a e º ºs e s a e º sº e º s e s e º e a s e º 'º e º e º e º 'º - e < * * * * * * * * * * 117
Unlicensed, how punished. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1451
Not wearing badge, how punished ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1452
Not allowed on vessels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2039
For emigrant boarding-houses..... ..... • e a s e e º e = e s = e < * * * * * * * * * * * * * * * * * * * * * * * * . 2049
Emigrant. . . . . . . . . < . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2051
RUPTURED AND CRIPPLED, annual appropriation to Society for Relief of........ 194
S
SAILORS:
Boarding-house runners to be licensed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * - e º e º º 0. 2073, 2075
when to board vessels. . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * * * * e s e s e s e e s a e º s • * * 2009, 2070
badges to be worn by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2080
badge not to be worn by those not licensed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2081, 2082
Boarding-house keepers to be licensed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e e e s e o e s e e 072
fees for license . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2077
not ship seamen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º 'º gº e º 'º e º ºs e s e e º e º ºs e º 'º e º 'º & 2071
badges furnished to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2070
commissioners for licensing... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2074
powers and duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2075–2078
Hospital tax on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2084
Wages of, district courts no jurisdiction of actions for . . . . . . . . . . . . . . . . . . . . . . . . . . 1286
SALARIES :
Manner of drawing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
May be paid on pay-rolls. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
When fixed by board of apportionment ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202
When fixed by common council. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
List of, to be published. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51, 68
In mayor's office to be published................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... 105
When ordinance increasing, void. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
Changes in, to be published............ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51, 68
Of mayor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Of comptroller . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Of commissioner of public works.......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Of corporation counsel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * - e e s a e s tº e º & 52
Of police commissioners........................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Of president of department of parks...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Of commissioners of department of parks other than president. . . . . . . . . . . . . . . - - - 52
Of fire commissioners. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Of commissioners of charities and correction..... . . . . . . . . . . . . . . . tº º sº e < * * * * * * * * * * 52
Of corporation attorney....................... º e s = e s ſº a s e e s - e º e º e < e < * * * * * * * * * * * * 52
Of public administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . & e º e e s s e s e s s e º e e 52
Of attorney for collection of personal taxes..................... . . . . . . . . . . . . . . . . . 52
Of attorney for fire department. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Of president of health department........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * e º 'º e º 'º 52
Of commissioners of health department, other than president...... . . . . . . . . . . . . . . 52
Of president of board of aldermen........ e º e e º e º s e º e º e s e º e º 'º e º e s e º e º is e s e º e º 'º - ? 52
Of members of board of aldermen, other than president. . . . . . . . . . . . . . . . . . . . . . . . . 52
Of president of department of taxes and assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Of commissioners of department of taxes and assessments, other than president... 52
Of dock commissioners. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Of commissioners of accounts ..... tº º º e e s tº sº • * e e s a s e s a e s w e s tº e º e o e s e < * * * * * * ~ * ... .. 52
Of commissioners of street clearing............................. . . . . . . . . . . ...... 52
Of chief engineer of docks, limitation of.............. . . . . . . . . . . . . . . . . . . . . ...... 52
Of º: of police, limitation of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . g s e º 'º e © & 52
Of subordinates, not to exceed salary of head of department. . . . . . . . . . . . . . . . . . . . . 52
Of certain officers in office on twenty-eighth May, eighteen hundred and eighty. . . 52
Of attendants of courts.................... • s e s e e s • e e s e s e e s • * * * * * * * * * * * * * * * * * * * 1114
Of stenographers .................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1114
Superior court clerks and attendants..... 6 g º e e º e º a 6 e e s s a e º e s e e s e s a e - e º e s e º 'º e º e º & 1177
Common pleas clerk.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • a e º s e e s e s e a e s a e º 'º º 1171
of deputies and assistants of clerks of, and attendants . . . . . . . . . . . . . . . . . . . . . . . 1171
In Chamberlain's office................ * * * * * * * * * * * * * * * * * * * * * * 9 * e º e s e e º a s º a tº e º 'º º 165
Qf justices of district courts ........... e s a e e s e e s a s a e e s t e s e e º e < e < e s = e º 'º e s & 9 • * * * * 1283
Of interpreters of police courts.............. a s e º s a s e º e s e s & e º e e e e s sº e s e e s is a e º º e º º 1546
Of interpreters in j Courts . . . . . . . . . . . . © e º e º tº e a e e s e s e e s a s a e s e s e = * * * * * * * * * * 1546
Of clerks and officers of marine court................ . . . . . . . . . . . . . . . . . . . . . . . .... 1275
Of coroners ........ . . . . . . . . . . . . . . . . . . e e s tº e º e e e s e s sº º e e º e s e º 'º e º e > * e e º nº e s e s tº e s tº a 9 1767
Of recorder. ....................... • e º e s s e e s a • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1520
Of surrogate................ • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1181
Of district attorney...................... . . . . . . . . . . . . . . . . e e º 'º e º e º e s e s e º e a * * * * * . 1503
Qf assistant district attorney........ • tº e s sº e e • * * * * e s e e s a e s e e s e e º 'º e s ∈ e < e < * * * * * * * * , 1503
Of city judge..... e a s a s e e g º e º e º e e e s a s e s s a s e e s e e e s e s e a e e s e e º e º e º e s a e º 'º - * * * * * * * * * 1521
Of additional city judge..... • * > 0 & s a s • e o e s e a e º e s s e º e º e º 'º e º 'º tº a e º e º e s tº e º ºs e º tº ...... 1528
Of clerk and deputy clerk of oyer and terminer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1513
Of clerks of general sessions............... e e º e s e s e s e e v 8 e s e º e o e = e s s & e º e º & º e s e < * > 1531
Of stenographer of general sessions..... * = a e e s e s e e s e e e a e s e s a s a e º e s e º 'o e o 'º e º 'º - e < * * 1531
INDEX. 73
- Section.
:SALARIES.–Continued.
Of interpreter of general sessions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1529
Of police justices.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1543
Of police clerks........ • a s = e º e s a s s e º sº e º s e e º 'º e º s a e º 'º e s sº e e s e e º e s e e s e e º e e s e º e e º e e . 1546
Of county clerk... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º ſe e e º 'º e º 'º e º e s a w = e º 'º e º º º e s ſº º e de 1722
Of clerks in county clerk's office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . & Q we e º 'º º 1732
Of clerks in surrogate's office... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . º, e º e º 'º' . 1727
In fire department. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . © s e e º e s a e s e s e e s a s is e 442
Of members of police force. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e sº * * * * * * * * * * * * * * e s ∈ s e º º 287
Of superintendent of police. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52, 287
SALES : q
In foreclosure, fees on... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1088
Of pre-emptive rights ordered by court ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1119—1122
Of personal property of corporation, ordinances regulating. . . . . . . . . . . . . . . . . . . . . . . 61, 62
Of real estate under judgments, by whom made......... ... tº º º te e º ºs e º is º º º * * * * * e s e s e 1088
Notice of, how given. . . . . . . . . to e º e º ºs e e s c e s tº e º e s tº º e º ºs e º 'º e º 'º e º e º e º e º e º e º is a e º ºs e º 'º e 1087
For unpaid personal taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . © e º 'º e g º e ,853–856
For taxes, assessments and water rates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 926
When may be had. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 926
how advertised. . . . . . . . . . . . . . . . . . • ‘º e º 'º - a tº º e s a tº a º e º 'º e e s º e e º 'º - e º 'º e º º ºs e º 'º º e < * 926, 927
contents of advertisement of........... . . . . . . . . . a wº e e s s e º e º e º e º ºs e º e º e º e º e º e s 926
how sold . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 926
certificate given to purchaser . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 926
comptroller may suspend or postpone............................. e tº e - e º e º 'º º 92S
in Westchester county . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 930
when lands taken possession of by city . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 935
disposition of moneys arising from..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
SALT, on streets.......................... • * e º 'º e º e - © tº e - © e s e º e º e - e º e º 'º a º e º e º 'º e º 'º e º 'º º 1938
SALTED PROVISIONS, packing, sale, and removal of... . . . . . . . . . . . . . . . . . . . . . . . . . . . 544–546
SALTPETRE, on streets..... * * * tº tº º º 'º º e º gº e º ſº º º sº e º º e º ſº º º º ºs e e - w is e º 'º e º 'º a º º ºs e º 'º e º º ºr . .... 1938
SAMARITAN HOME FOR AGED, property of, exempt from taxation............. 824
SANDY HOOK PILOTS :
See PILOTS.
SANITARY CODE, to be published . . . . . . . . ....................................... 575
And see HEALTH, DEPARTMENT OF.
SANITARY COMPANY OF POLICE. ..................... . . . . . . . . . . . . . . . . . . . . . . 296
SANITARY INSPECTORS:
See HEALTH, DEPARTMENT OF.
SANITARY RULES, to be enforced by police board................. . . . . . . . . . . . . . . . . 261
SANITARY SUPERINTENDENT:
See IIEALTEI, DEPARTMENT OF.
SAPPERS AND MINERS, Corps of.............. e e s e e s a e º e e s e e s e º e º e º e º e o e º 0 e º e s e 447
SCAVENGERS :
Licenses for, issued by mayor . . . . . . . . . . . e e º e - e s e a • * e s - e. e. a w s e e º 'º e º ºs e < * * * • * * * * * * * 112
duration of, and causes for revoking, fixed by mayor. . . . . . . . . . . . . . . . . . . . . . . . . 112
Night soil, removal of, by......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
rules and regulations concerning. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . © e g º e º E 112
Penalty for violating laws and regulations concerning. . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
Action to prohibit, from carrying on their business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1090
SCHOOLS:
Assistant superintendents,
number and appointment of......... e tº e º 'º e e º e º e º a . . . . . . . . . . . . . . . . . . . . . . .... 1027
powers and duties. . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1027
terms of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1040
removal of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1040
salary of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e e a e º e e s e e º 'º e º e s a e º e s s e º e <> 1040
Board of education,
creation of . . . . . . . . . . . . . . . . . . . . tº e º e º 'º e º 'º - , a e º e e º sº tº e º e º e º 'º e º e º e º 'º & 9 º' - e º sº e º 'º º 1022
of whom constituted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1022
general powers and duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1022
to appoint trustees of common schools................ • * , , e. • * * * * * * * * * * * * * * * * 1025
officers of, how chosen and compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 1027
may take and hold property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº a e º e º - ? ..... 1027
incidental and other expenses....... . . . . . . . . . . e e e e º e s - e. e. e. e. e. e s e e º e s “ e º e º e s • * 1027
rules of order and by-laws for government of...... * * * * * * * * * * * * * * * * * * * * * * * * * ... 1027
hall of, control over..... • * - e. e. e º 'º e º e º e º 'º * - e. e. e. e. e. e. e. e. e s a • * s e e s e e s is a a e s tº e e s e o e ... 1027
powers and privileges of a corporation possessed by . . . . . . . . . . . . . . . . . . . . . . . . . , 1027
annual report of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1028
penalty for not making. . . . . . . . . . * u, º, e a tº e s e º 'º e is e º e º 'º - tº e º e º e s a s e º 'º - e º 'º e º & 1028
clerk of, appointment of . . . . . . . . . . . . . e e º e º e º º º e e e º e º sº e º 'º e º e º e º a tº e º e º e º 'º - tº 1026
duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e e s tº e º ºs e s - e. e. e. e. e. e. e º e º s e .... 1033
oaths, may administer...... • e º e º - e. e. e. e. a e e s a e º ºs e º ºs e º 'º e º 'º - * * * * * * * * * ....... 1088
74 INDEX.
SCHOOLS-Continued. Section.
Board of Education,
when discontinue schools. . . . . . . . . . . . . . . . . . . . . tº e º e º ºs e e º a c e s e º e & e e º 'º e tº º ſº e º - º 1027
when establish. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * * * tº e º 'º º e º 'º e º e º º 1027
duty of, to apportion school moneys. ............. • * * * * * > * e e º 'º e º us e e º e a s ..... 1028
file copy of apportionment with chamberlain........................... ..... 1028.
provide evening schools................................................... ... 1028.
provide colored schools. . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * > e º 'º ºt e a tº e s e e s tº e º e = * * * * 1028
provide normal school........... • e s e - e. e. e. e. a c e º e º e º e a s is a s e e e tº e º e e s a e = e º e s e ... 1028.
appoint teachers for normal and colored schools. ........ . . . . . . . . . . . . . . . . . . . ... 1028.
when appoint teachers for evening schools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... 1028
furnish supplies for schools . . . . . . . . . . . . . . . . . . . . . . . . tº e < e e º e e º ºs e e º e º 'º - e º a s a • * 1028
make annual report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . p e < * * * * * * * * ... 1028,
penalty for neglect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * g e s tº g a e º e º 'º e º e º 'º e s 1028
classify schools, studies and salaries ........... e a e e º e is a e º 'º a s = a a e s e º e < * * * * * * 1028
have control of all school property............. tº & tº e º ºs • * * * * * tº e º ºs e º e º ºn tº dº º & .... 1029.
suits in name of board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 1029.
approve purchase of sites and repairs........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1029
make appropriations for repairs and sites. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1029.
when declare commissioner's office vacant........ . . . . . . . . . . . . . . . . . . . . . . . . . . ... 1029
bills paid to be filed with........................... . . . . . . . . . . . . . . . . . . . . . . . . 1036.
plans for school-houses approved by................. . . . . . . . . . . . . . . . . . . . . . ... 1037
teacher removed, appeal to... . . . . . . . . . . . . . . . . . . . . . . . e e s e e s e e º t e º 'º e º 'º º e º e º 'º ... 1038.
may reinstate removed teacher. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1038.
fix salary of superintendent and assistants............. * * * e g º e º 'º tº e º º e º 'º tº tº e º º & 1040.
when remove teachers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 1042.
maintain nautical school.......................... • e º e s m = e s = e º ºs e a e º 'º - º e º e º e - 1068,
College of the City of New York,
formerly the free academy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... ... 1055.
erected into a college.............................. • a dº e º e º e º e s - e. e. e. e º 'º e º e s - © tº 1055
a body corporate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e 4 sº e º e e s s e º 'º e º e º 'º e a 1055
powers and privileges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1055
trustees of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º e º e a dº e < * * 1056
powers and duties of........................... e s e º 'º e º ſº e º ºn e º e º 'º e º e . .... 1056.
laws applicable to... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1057
expenses for support of... . . . . . . . . . . . . . . . . . e e s m e º ºs e e a e º e a e s - e º e s m = * * * * * * * * 1059.
limitation to..... ............. e - e. e. e. e. e. e. e º ºs e e s e a n e º sº e º e º e º e º a e º e º 'º e º e º 'º º ... 1059.
president of, one of trustees............... tº º sº e º e º e e º 'º º º - e º ºs '• • * * * * * * * * * * * * * * 1056,
Commissioners of common schools,
number of.... . . . . . . . . . . . . . . . - e. e. e. e. e. e. e. e. e. e. e. e. e. e. e. e. e. e. e. e. e. e º 'º - e º e s = < * * * * * * * * ...... 1025.
appointment of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * ........ 1025.
terms of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 1025.
general powers and duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1031
vacancies, how filled................ tº e s tº e s m e º s e e a e e º e e º e º 'º e º 'º e º e º 'º - º º & a e e s tº 1025.
not to hold other offices.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1022
office of, when to be declared vacant................... . . . . . . . . . . . . . . . . . . ... 1031
to serve without pay. . . . . . . . . . . . . . . . . . . . . . . e e s as a e e º e s e º e s is e º 'º - * * * * * e e º º sº a º & 1044
expenses allowed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1044
costs in suits against..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . e e º e e s is a e e s e e s e º 'º e º a tº º 1048,
Corporate schools,
reports from, concerning school moneys. . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * ... 1066
trustees of, may convey sites and school-houses to corporation... . . . . . . . . . . . . ... 1067
terms of conveyance. . . . . . . . . . . . . . . . . . . . . . . . . . . e e e º e e º a e e s a e º 'º e º 'º º sº tº ... 1067
Denominational,
See RELIGIOUS AND DENOMINATIONAL SCHOOLS.
Evening schools,
establishment of.... . . . . . . . . . . . . . . . . . • * g e s as tº e e s s e tº e s e g tº e e e s tº a e º e s a s e a s a e º 'º' ... 1028.
Expenses,
certification and audit of..... . . . . . . . . . e s is e e < * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1036,
examination and audit by inspectors. . . . . . . . . . . . . . • a e e s tº e º e s tº e • * e s e e s a e s is e e - 1034
fitting up to be done by contract. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1037
Free academy,
See COLLEGE OF THIE CITY OF NEW YORK,
Free academy for females,
may be organized. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....... 1027
sites and buildings for . . . . . . . . . . . . . . . . . . . . . . . . . tº s ºn a e s e e a e a e º e * * tº e º e e e º is tº e ... 1027
Inspectors of common schools,
appointment of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e e º e º e a e º ºs .... 1024
terms of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • e º ſº e º a º ºs ..... 1024
vacancies, how filled..... º e s = e º e º e g º e º 'º e s tº º • * g º C tº e º ºf n e º e º a tº e º 'º e º e º 'º º ....... 1024
powers and duties of..... e - e º a tº e s e s = e s is • * * * * * * e e s s e a e o e º e s e e a e º e s e º e e s is tº a º º 1034
annual report of . . . . . . . . . ... • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1034
to serve without pay. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 1044
expenses allowed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * u, e. e. e º e s sº e º a s tº * * * . 1044
must be residents of ward. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * * * * * ... 1025.
whem certify to necessity of new school. . . . . . . . . . . . . . . a e e s s = * * * * * * e o e * * * * * * * 1027
sign licenses to teach. . . . . . . . . . . e e e s e s = º e s e a • * * * * * * * * * * * * * * '• - - - - - - - - - • e e º e º & 1040
concur in revocation of license. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 1040.
audit and certify expenses..... • * * * * e a & & e s is e º e º e º º e º 'º e º 'º e º 'º e > * * * * * * * * * • - - - - - 1034
examine schools . . . . . . . . . . . . . . . . . . . . . • * * e º e ºs e e º a e º e s tº e º & e s e e s e a s e s e e º t e s a º º 1034
to approve removal of janitors........ e e e s a e s a e e s e º 'º e s e º e º e s tº º e e s tº e º e s e º e º 'º ... 1038.
º
INDEX. 75.
SCHOOLS-Continued. Section.
Nautical school,
establishment and maintenance of..... tº gº e º a s & • - - - - - - - - - - - - - - - - - - - - - - - - - - - ... 1068,
purposes of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1068
powers and duties of the board of education concerning.. . . . . . . . . . . . tº e s e º w w º e 1068
executive committee for care, government and management of . . . . . . . . . . . . . . . 1070
expenses for conducting.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1071
committee of council from chamber of commerce. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1072
duty of . . . . . . . . . . . . . . e tº e e g º sº e º ºs e º e º ºs e e º e º e º 'o g e e º e º e s e e s = e º e s = * * * s • * * * * 1072
New schools,
establishment of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1027
appeals to state superintendent respecting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1027
how organized. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1027
buildings for, erection of..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1037
Normal schools,
Fº for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº s • * * * * * * * * * * * * * 1028.
y whom attended................. . . . . . . . . . . . . . . . . , e o e s e s • e s e º e s e º e º e o 'º e s e 1028
Personal property,
not required for use, disposition of.................. . . . . . . . . . . . . . . . . . . . . . . . . 1027
held by trustees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1035
Principals and vice-principals,
appointment of..... & a e e s e e º e s e e º sº e a s e º e s • e º e s s e e s s e º e s a e s s a tº º º e º 'º - e - e º 'º - º * 102.7
Public school society,
transfer of corporate property of, to city.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1030,
trusts and estates of, vested in board of education........ . . . . . . . . . . . . . . . . . . 1030
Repairs, when approved by board.................. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1029,
Scholars, classification of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1028
School buildings,
when exempt from taxation............... • e e s e º e s e s e e s s s • * * * * * * * * - e o º is tº - tº º S27
when school discontinued...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1027
contracts for sites and repairs, when requiring consent of board...... . . . . . . . 1037
School districts, -
city divided into. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... • * - - - - - 1023
School moneys,
apportioned by the state, paid to chamberlain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1028.
apportionment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • a gº dº e º a s 1028
copy filed with chamberlain............ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1028.
schools entitled to......................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1063
account of, rendered by trustees............ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1035.
sectarian schools, no part to be apportioned to... . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1062
reports required from schools, etc., participating in . . . . . . . . . . . . . . . . . . . . . . . . . 1064
School officers,
place of residence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1049
removing from place of residence vacates office.............................. 1049.
oath of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1050
effect of omission to take................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1050
charges against. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1027
how investigated............................... . . . . . . . . . . . . . . . • e º 'º e º º º 1027.
when procure school-house.............. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1037
when erect school-house. . . . . . . . . . . . . . . . . . . . . . . . . . . . ... e. e. e. e. e º ºs e º e º a s e a s is º e º 'º - 1037
causes for removal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1027
when guilty of misdemeanor, ............. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1027
witnesses compelled to attend investigations into conduct of . . . . . . . . . . . . . . . . . 10:28
penalty for neglect of duty......................... . . . . . . . . . . . . . . . . . . . . . . . 1046.
false reports. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104.7
misapplying public funds. ............. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1046, 104
contracts, not to be interested in............ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1045
School property,
title to, Vested in corporation.............. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1027
care and control under board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1027
suits respecting brought in name of board............ . . . . . . . . . . . . . . . . . . . . . . 1029.
Schools, *
to be numbered. . . . . . . . . . . . • * * * * * * * * * * e e - e < e < e < e < e < * * * * * * * * * * * * * * * * * * * * * * * 1052
to be free. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1051
olassification of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1053
discontinuance of.......... . . . tº a s a s e º e º ſº se e º e < e < * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1027
examination of, by board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1028
by oommissioners. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1031
by inspectors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J034
by superintendent. . . . . • * e º e º 'º e a e º e s sº e = e a e e a e e º e = e s tº a • * * * * * * * * * * * * * * * * * 1040.
Bible in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1062
ages of children entitled to attend.................. . . . . . . . . . . . . . . . . . . . . . . . . 1051
Schools for colored children,
establishment of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1028
Sectarian schools, not entitled to school moneys. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1062.
Sites, purchase of, approved by board...... • * * * e º ºs e º 'º e a * * * * * * * * * * * * * * * * * * * * ... , 1029
provision for additional...... . . . . . . . . > * e e º e s a e e s e e º e e s a • * * * * * * * * * * * * * * * * * * * 1027
Studies, classification of...................... - a sº e º e º s a e a e e s e - a tº e º 'º º e s a • * * * * * * * * 1053
Suits and actions,
against commissioners or trustees, costs in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1048
as to proporty in name of boards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1029.
76 INDIEX.
SCHOOLS-Continued. Section.
Superintendent of school buildings,
appointment of. . . . . . . . . . . . . . . . * * * * * * * * * c e º e º s e º is is tº º e º a s e o ºs e is a s e s tº e º 'º e º 'º º 'º º 1027
dutioš, powers, and salary..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 1027
oath of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1041
security for performance of duty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1041
rules and regulations concerning. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1041
Superintendent of schools,
appointment of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 1027
duties and powers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102.7
oath of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * w w tº a “ s • * * * * * * 1040
torm of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 1040
romoval of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1040
salary of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1040
subject to rules and regulations of state superintendent. . . . . . . . . . . . . . . . . . . . . 1039
appeals from . . . . . • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ... 1040
annual report of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1039
reports as to use of Sectarian books, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1040
of schools visited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * * * * * * 1040
to trustees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1040
of licenses to teach and revocations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1040
to examine teachers. . . . . . . . . . . . . . tº e s e e s - e. e. e. e s a e s e e s = e º e a e o e s is v e s = * * * * * * * * * 1040
to sign licenses to teach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1040
to recommend removal of teachers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1042
Supplies,
regulations for furnishing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1028
when obtained by contract ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 1028
Teachers,
appointment of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1028, 1035
examination of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1040
licenses to . . . . . . . . . . . . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1040
revocation of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1040
appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1040
re-examination of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1040
removal of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1042
appeal to the board of education. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1038
reinstatement of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1038
not eligible as commissioner, inspector, or trustee. . . . . . . . . . . . tº e º a 4 e º * * * * * * * * 1045
Balaries, classification of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1020
principal, keep record of Scholars' attendance, etc. . . . . . . . . . . . . . . . . . . . . . . . . . 1035
when removed by trustees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1038
appeal to state superintendent.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1040
form of oath of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1843
for normal, evening, and colored schools. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1028
Title of school property to be in city. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1029
Trustees of common schools, -
appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 1025
terms of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1025
vacancies, how filled. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 1025
reports made to commissioners sent to board...... . . . . . . . . . . . . . . . . . . . . . . . . . . 1031
powers and duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1035
annual report of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1035
office of, when declared vacant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1035
meetings of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1035
to serve without pay. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1044
to nominate principals and vice-principals..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1027
notice to be given to, of intention to discontinue a school. . . . . . . . . . . . . . . . . . . . 1027
when neglecting school........................... • * * * * * * * * * * * * * * * * * * * * * * * * 1027
consent to discontinuance of schools. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1027
application of, to establish new schools. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 1027
costs in suits against. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1038
when appoint teachers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1035
manage schools. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1035
furnish supplics and make repairs... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1035
keep accounts of moneys and property................. ... a s - a tº gº e º is e º e º e º e s º ... 1035
keep minute books. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 1035
hold property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * s h e a e s e s s s = e a s a e º e s s sº º e 1035
render accounts and pay over balances.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1035
certify to expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1036
what teachers removed by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1038
removo janitors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1038
recommend removal of teachers. . . . . . . . . . . . . 4 * * * e s a a e e s e e a a e e º s º is e º e s s a e 4 º º 1042
Ward schools,
premises and property in keeping of trustees. . . . . . . . e e º e º ºs e s is a tº e s - ºr * * ... ... 1035
conduct and management of ........ tº e s tº e s sº º in e º e º e e º e s - e s tº a e s tº a e º ºr e º ºr º ºn tº º tº * 1035
... for, alterations, repwirs, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1085
books of accounts..... tº 4 m e º e º a s a e s a tº dº e º ºr e º ſº e º e º ºr e. e. e s = e º 'º e º 'º e s ∈ C is a tº * * * * * * * * * 1035
books of attendance......................... e is a e s a s e º e < e s e º ºs e º e º e º e º e º 'º e º a º 1035
when taken in charge by board.............. p e º e s a e s is a p s e º e s tº a w s 5 e º is , s an º º º ſº 1027
SCOWS, for ashes, etc., to be stationed.................................. ............. 747
! INDEX. 77
Section.
SEAL :
Of court of arbitration....... tº º is e º a s s e º e º ºs e e s gº e s s e e s p → * e º e º 'º e º º ºs e s m e º is e º is is tº sº e 1786
Special Sessions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1586
To be used by common pleas acting as surrogate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1187
SEALERS AND INSPECTOR'S OF WEIGHTS AND MEASURES :
Appointment and removal of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
Ordinances regulating duties and fees of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
Districts assigned to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
SEAMEN :
See SAILORS.
SEARCHES :
I'ees for certain, may be regulated by ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
In county clerk's office, fees for... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1723
time for making. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . & e º ºs e º e º e º sº e s a e = * 1725
liability for errors in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1725
In register's office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1763
time for making . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . & sº e º sº tº e º gº tº ſº e º dº º is tº gº sº * * * g g tº * 1743
liability for errors in . . . . . . . . . . . . . . . . . . tº s e g º sº a tº gº w w ś e º e * * * * * * tº * * * * * * is ſº tº tº * .... 1743
SEARCH WARRANTS, under game law8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1306
SECOND AVENUE, elevated railways forbidden in, below Twenty-third street. . . . . . . . 1944
SECOND-HAND DIEALERS, powers of police over . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 283
licensing of, and security by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
penalty for violation of ordinances by..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
SECOND OFFENSE, punishment for..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1443
SECRETARY, boards may choose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
SECURITY:
For costs in marine Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1235
On contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
On appeal by board of health. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * g e s tº ſº ſº 1091
SERVICE:
Through branch post-office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1081
Upon corporations. . . . . . . . . . . . . . . . • * * * * * * g e º e º dº º a tº e º is tº * * * * * * * * * * * * * * * * s p & s a e e s is 1127
Of summons on city ... . . . . . . . . . . . . . . . • e tº gº e º º º ºs e º & º º ſº * * = tº e º ſº tº dº tº sº e g º tº e º e g º & º e 1080, 1105
SEINES, use of, in Hudson river limited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 737
SENTENCE, not suspended in election cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * 1922
SESSIONS, GIENERAL:
A court of record. . . . . . . . . . . . . . . • * * * * * * * * * * * * * * * * * * * * * e º º ſº tº gº tº 8 tº e i º e º 'º º º is tº w we tº sº tº 1537
Places for holding, to be assigned by common council . . . . . . . . . . . . . . . . as ºs º ºs & © tº gº tº gº e ºs 91
Recorder a magistrate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1520
Salary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • e s tº º e º te º ºs e s º s e º ºs e º gº º º 1520
Procedure in. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1535
Jurisdiction of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * e º ºs º a tº º ºs e s tº sº e s sº º e s tº dº º sº e º ſº 1514, 1535, 1536
Divisions of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1515
By whom held. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1516
When held............. ge º ºs e º e º e º e º 'º e º 'º e º & e º e º e s is e s is sº e s sº e s a e < * * * * * * * * * * * * * * * * * * * 1517
Writ of orror from . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1535, 1536
Transfer of indictments to and from oyer and terminer.......... . . . . . . . . . . . . . . . . 1507
May make and enforce rules. . . . . . . . . . . . . * & & e e s sº e º e º sº * * * * * * * * * * * * * * * * * * g e º sº e s m º ºs 1537
Fines imposed by, how remitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1538
Collection and disposition of fines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1538
Clerk of, may issue subpoenas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1533
May extend terms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1517
May make adjournments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº a º º 'º e s tº º 1517
Clerk of, to file record of convictions with bureau of elections. . . . . . . . . . . . tº a se s = e s e 1531.
When to hold terms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1517
Three branches of, to be held. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 1516
In assault and battery, may order complainant to pay costs. . . . . . . . . . . . . . . . . . . . . . 1540
May be held by judge of common pleas. . . . . . . . . tº º º e º e º ºs e º ºs ºn tº e º e º e º e º º º q & e º e º sº e º º 15:25
Clerk of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * e e 1529
Deputy clerks of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº sº e º sº º te e s is a tº º t e º e º e º sº º e º sº tº 1529
Powers of deputy clork. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1530
Attendants of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e - a tº e º s we tº gº tº e º e º ſº e s tº 1534
Attendants, salaries of . . . . . . . . . . . & sº e º e º e º e º e º is ºn tº a tº a s e = * * * * * * * * * * * * * * * * * * * * * * * * * 1534
Clerks, etc., not to receive fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1532
Clork of, to be clerk of oyer and terminer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1529
Grand jury in. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1531
Clerk of, may appoint deputies and assistant... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1529
Sulary of clerk of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1531
deputy clerks. . . . . . . . . tº e º ºr e º ſº sº e º ºs e º e s e º ºs º & s = * * * * * * * * > * * * * * g e º ºs º e º e º e º e º gº º ºr . 1531
assistant . . . . . . . . . . . tº dº ſº e º º ºs º ºs º is is º e º se gº tº e º e e º 'º º gº tº º e º & e & * * * * * * * * * * * * * * * * * e º sº a º 1531
Interpreter of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1529, 1531
Stenographer of . . . . . . . . . . . . . . . tº ºn tº e e s tº e s a s a e s s a º a s h e s a e s e º e s e s a s e s e e s e tº se e º ºs e 1529, 1531
Clerk of, to reside in city. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1513
Three branches of......... tº g tº gº tº gº tº e º º tº e º $ tº & º is g º º & tº e º 'º a tº e º ſº º & tº e º 'º * * * * * * * * * tº e º sº a tº tº 1515
Iłooms to be provided for. . . . . . . º, º e º e g º e s a s e e s a º e * c is a c e º 'º e s a e º 'º e s a e e s tº e s e s a e s a e e 1518
78 INDEX.
Section.
SESSIONS, GENERAL–Continued.
May order accommodations provided. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1518
Judges of, may vacate judgments on forfeited recognizances.... . . . . . . . . . . . * = e s e º e 1484
Judge of, election of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1523
powers of . . . . . . . . . . . . . . . . . . . . . . . . tº g s - © e º 'º º º e º 'º is ſº * • * * is e º & © tº e s e s s a e e º s e e º e ge 1523
term of . . . . . . . . . . . . . . . . . . . . . © e º e º e e g º e s e e s p s - e º 'º e o º tº s tº e º a e s e e s e º ºs e º s e g º e º 'º e 1523
Balary of . . . . . . . . . . . . . . . . . . . . . . . . . . . . © tº e º e º ºs e e º e º sº me tº e º ºs e º e s sº e º e s tº e s is a tº ºn tº e ... 1523
no additional compensation............ tº e s tº tº * * * * * * g º ſº tº & © & © tº e º º e º ſº & © e º ºs e g º º ... 1523
may hold general sessions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1523
have office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * s is e o e º e e s tº e º G. e. 1524
has jurisdiction of summary proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1524
when and how vacate judgments on recognizances . . . . . . . . . . . . . . . . . . . . . . . 1484, 1485
SESSIONS, SPECIAL:
Places for holding, to be assigned by common council. . . . . . . . . . . . . . . . . . . . . . . . . . . 91, 1506
Powers and duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . • • • * * * * * * * * * * * * * * * * * * * ... ... 1569, 1584
When may try for misdemeanors........... © & e e s - e. e. tº e º 'º e s tº e º ºs s a tº e º is º º e º & tº gº e & 1514, 1538
* May issue subpoenas. . . . . . . . . . . . . . . . . . tº gº º e º ºs e º e s tº a e s e º e º 'º º sº a e s a • * s = e s s - * * * * * * * * * 1584
Compel attendance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ‘. ... • * * * * * * * * * * * * * * * * * * * * * * * * * * * * . 1584
By whom subpoenas served. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1584.
Appeals, applications for, how made . . . . . . . . . . . . . . . . . . e - e º e º ºs e º º e º e º e = * * * * * * * * * g. 1593
When witnesses paid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1585
How fines remitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º e s is e º e º a g º ºs º e º gº e º a s is º g g g g º e º º 1569
Intoxication, punishment for....... * * * * * * * * s e º e º e º e º e s a a e º sº e º ºs e º is tº a s e º e s is tº e º ºs e 1562
Disorderly conduct, punishment of..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1562
Fines collected by clerk. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1580
Fines before committal to be paid to clerk. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1580
Accounts of clerk, to whom rendered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............ 1580
Imprisonment substituted for fines. . . . . . . . . . . . . . . . . . . . . tº a n e º 'º º ºr e º e º º tº t e º sº tº e º ſº. . 1569
Misdemeanors, punishment for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1583
Transcript of convictions in, not to be filed.............. . . . . . . . . . . . . . . . . . . . 1575, 1582
Certified copy of minutes evidence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1582
Clerk of, to transmit transcripts of convictions........ * * * * * * * * s tº * * * * * * * * * * > g º e º a s 1592
Clerk file record of convictions with bureau of elections. . . . . . . . . . . . . . . . . . . . . . . . . 1871
Pines to be received by Sheriff. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1581
Accounts of sheriff, to whom rendered. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1581
Sheriff to execute sentence of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1575
Held by any three justices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1572
Appointment of clerk, deputy, Stenographer, and attendants. . . . . . . . . . . . . . . . . . . . . 1570
Seal of... . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * * * * * * * * e s ∈ º - e º e s tº e º e º e s ∈ s e e s e º 'º e º & 1586
T’rocess from, Bealed and signed by clerk... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1586
Recognizance for appearance for trial before, how forfeited and prosecuted....... 1587
To forfeit recognizances to keep the peace. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1473, 1475, 1477
all recognizances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1587
Taking and discharging recognizances in . . . . . . . . . . . . . . . . . . . . . . vº e º ºs s tº a • * * * * * * * * * * 1587
Recognizances filed in . . . . . . . . . . . . . . . . . . • * * * e e º 'º º ºs e º 'º e º 'º - e º is e e e º, º sº e s a sº * * * > g. a º ºs e . 1472
In what cases to proceed to trial... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1576
If jury demanded. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e s e º e º e s ∈ s ºr a e e 1577
In what cases without jury........ • ‘º e s s a e º ºs e i s sº e º e s tº e s e º sº * * * * is e s & s e º e º e s e s as e º 'º e 1578
Take additional recognizances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . & w tº e º ſº ſº e º 'º & © ºn 1478
May bind over witnesses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº t e g º e º 'º º 'º gº tº e º © e º & º º ... 1591
Clerk to give bonds. ... ......... e e º e º e e s is s 6 e s is e > * * * * * * * * * * c e e s is a s a s a • * * * * * * * * * . 1573
Clerk and deputy of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * g º º * * * * * * * * * * * * * * * * * * e s e º a tº 1574
Duties of clerk and deputy ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1574, 1579
to enter convictions and Bentences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1575, 1579
administer oaths. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1574.
issue and furnish subpoenaB. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1574, 1579
deliver sheriff transcript of conviction and sentence. . . . . . . . . . . a & e º e º ſº ſº e g º & e º 'º 1575
copies of transcripts evidence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . q e º s e º e s a s • * * 1582
bonds of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1573
salaries of . . . . . . • e s a e º e s e º e s e º 'º e s e º is a tº tº e s tº as tº * * * * * * * * * * * * * * * * g º e º e º ºr e º ºs e º e º 'º' 1573
terms of office of... . . . . . . . . . . . . . . . . . . . . . . . * * * * e s a tº e º e s & ſº e º e s e º e s a s a s sº gº e s e > 1571
Proceedings on election of trial at . . . . . . . . . . . . . . . . . 6 s is s º ºs e º e tº º tº º ſº e º & e º ſº º º & & © e º 'º & 1538
Recognizances of witnesses, how enforced, forfeited, etc................... tº gº w w & 8 1591
Recognizance to appear at, proceedings on breach of... . . . . . . . . . . . . . . . . . . . . . . . . . 153
Recognizance, in what sum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1590
SEVENTH REGIMENT ARMORY, annual payment by city in lieu of rental........ 194
SEWERS:
Construction of certain, and assessment for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 872, 878
Construction of, under charge of department of public works................... 326–333
Blans of, by commissioner of public works....... . . . . . . . . . tº s e º 'º e º e º 'º e & tº º e º ºs e º 'º - e. 327
SEWERS, DRAINS, AND WAULTS:
f. Laid by common council. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 877
expenses, etc. . . . . . . . . . . . . . . e º e e s e o s a • * * * * * * * * * * * * * * * * * * * * * * * * * * tº 4 • * as gº tº gº º º . 877
Cleaning of, and expenses. . . . . . . . . . . . . . . . . . . . . . . . º, e s tº a tº * * * * * * * * * * * * * * * * * e º is e ... 877
SEWEſ, AGE AND DRAIN AGE :
Plan of, when made, to be permanent. . . . . . . . . . . . . . . . . . & © tº e º º tº ºr & © g º e º & º e º ºs tº ſº & © tº 328
Plan of, to be made and filed. . . . . . . . . . . . . . . . . . . . . . . . . tº e º e º e º e = * * * * * * * * * * * s e e .327, 328
work under, how to be done. . . . . . . . . . . . . . . . . . . . . . . to 0 º' g is a e * G - e º e • * ~ * > * g e .... 329
Assessment bonds issued. . . . . . . . . . . . . . . . . . . . . . © tº º ſº tº dº e e tº e º e º e s e * * * * * * * * * g e is º .... 144
INDEX. 79
Section.
:SEWERAGE DISTRICTS, maps and location of...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . 327–331
SHAVINGS, how stored. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 452
SHEDS on piers. . . . . . . . . . . . . . . . . . ... e s s e e º e e e s e e s • a s e s is e s e s ∈ e o e s e e s s e º 'º e s e º e º e º 'º e º e º s 327–329
§HEPHERD’S FOLD :
Children transferred to, by charities and correction. . . . . . . . . . gº tº sº º is tº e º 'º e º º q & © tº e º º 417
Children committed to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * * * * * * * * * * * * 1626
Provisions as to Bharing in excise moneyB. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210
Annual payment to . . . . . . . . . . . • e s sº g º e º ºs e º e º e s sº e º s e º w w s e s e º 'º ºf s is tº sº e s tº º e º ºs e º 'º e º e e . 194
SHERIEF :
Bond of. . . . . . . . . . . . . . . . . . . . . . . . • * * * g s e e o e s tº e s e s e e s a e s e s e º 'º a s e s = e º º e º sº tº e e s tº e s e e 1714
Have custody of civil prisoners. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1715
Orders of arrest, attachments, executions, etc., issued to. . . . . . . . . . . . . . . . . . . . . . . . 1717
When office to be opened. . . . . . . . . . . . • * * * * * * * g as e º is º e º & © e º & º º ſº e s tº º e º tº © e º 'º e º 'º e º e º e 1716
When 8pecial election for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1720
Duties of, relative to theaterB. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2004, 2013
Not to be paid where less than majority of grand jurors served. . . . . . . . . . . . . . . . . . 1650
. Fee8 of, on Bales of real estate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1088
To prepare criminal statistics. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .- . . . . . 1718
Warrant of receiver of taxes to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 853
Notice by, of Bales of property for taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * > * 855
Surplus of sales. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * * * * * * * * * * * * * * 855
May Sell real estate. . . . . . . . . . . . . . . . . . . . e sº º ºs e º e º 'º e º - a sº º ºs e º & e s tº e º ºs e e º 'º º º e º 'º º º tº e º is
Duty of, on arrest in marine court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1253, 1254, 1258
Duty of, under warrant to collect certain assessments ... . . . . . . . . . . . . . . . . . . . . . . . 891
'Give notice of election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1931
To receive transcript of conviction in special sessions. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1575
Fines imposed by special Bessions received by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1581
Attend drawing of jurors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1672
Receive minutes of drawing from county clerk. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1679
Notify jurors drawn. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . & e º & sº e º e º s e º a tº e s e º 'º º ºs e º dº 1676
how notice served. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1679
Obey order of board for enforcement of jury fines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1688
Collect jury fines. . . . . . . . . . . . . . . . . . . . . • * * * * * is e s tº e s a e < e º s > * * * * * * * * * * e a s e e a e º e s e s 1689
‘SHERIFF'S JURY:
lfow selected . . . . . . . . . . . . . . tº e e º ºs e = e s > * * * * * * * e º sº e º ſº º e º e º 'º º e º a ſº e º 'º tº e º e e º sº s º ºs e º e º º 1685
How drawn. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1685
May be divided into panels. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1685
SHIPS AND VESSELS, ordinances in reference to, may be enacted. . . . . . . . . . . . . 86 (sub. 35)
And see IIARPOR ; DOCKs, DEPARTMENT OF ; VESSELS.
SHORE INSPECTOR, annual appropriation for salary and expenses of............... 194
SINKING FUND :
Board of commissioners of, who to compose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º e º sº e 170
powers and duties of... . . . . . . . . . . . . . . . . . . . . . * & tº ſº e º 'º e º 'º e º ſº tº º is tº dº e º e º ºs s - e º 'º e . 170
lease of city property by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
may cede to the United States lands for Harlem river improvement.......... 183
to perform certain duties in regard to docks and piers..................... . 184
to sell school lands at public auction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........ 186
may lease certain property to Mt. Sinai Hospital............................ 187
to German Hospital. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
may convey to the United States land adjoining post-office site.............. 185
to convey land for Spuyten Duyvil improvement, ... . . . . . . . . . . . . . . . . . . . . . . . . 864
may exempt bonds and stocks from taxation.... . . . . . . . . . . . . . . . . . . . . . . . . . . . - 137
to call in and redeem bonded debt.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 176
proceedings thereon. . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * * * * * * * e º e ∈ 176
assessments to be paid over to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e - e º e s tº a 178
“ dock bonds” issued by direction of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
may lease wharf property, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180
to authorize all leases of real estate by corporation. . . . . . . . . . . . . . . . . . . . . . . . . . . 181
to renew lease of Castle Garden...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
Revenues of, not to be diminished. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e e º 'º e º e º e º sº º 179
For redemption of city debt..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
excess of, may be used to pay other bonds................ . . . . . . . . . . . . . . . . . . 171
moneys received from assessments, transferred to... . . . . . . . . . . . . . . . . . . . . . . . . 173
funds and revenues to be accumulated and applied to............ . . . . . . . . . . . . 174
accumulations and revenues of, not to be impaired.......................... 175
bonds and stocks to be paid from . . . . . . . . • * * * * * * * * * * * * * * * tº e º sº gº tº º & e º 'º e º ſº tº e º 'º e 177
For payment of interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172
surplus of, transferred to sinking fund for redemption of debt.... . . . . . . . . . ... 172
$KINS, powers of health board over.......... • * * * * * * * * * * * * tº e - e. e. e. e. g. tº e e s is e º e - . . . . . . . . . 547
SLIPS :
City may enlarge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * > e º e º e * * * * * * * - e º 'º e º G . 722
pay part of expenses for buildings on . . . . . . . . . . . . . . . . . . . . . . . . . e e º e e s - . . . . . . . 722
when receive slipage and half of wharfage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 722
Department of docks may direct deepening of.................................. 721
expense of, assessed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * , 882
Pilot commissioners keep dredged. . . . . . . . . . . . . . . . . . . . . . . * * * * * c e e s e e s e º e © tº e º ºs e e is 784
80 INDEX.
Section.
SLIPS–Continued.
Matters not to be thrown into..................... tº gº e º e º e º is tº e e s e tº e tº º e g g º e º ſº .... 780
Dredged from mud, oto. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 748
Part of expenses of filling paid by corporation..... & is © tº º is º gº º is tº º is tº & e º tº gº tº º tº e º is a e g tº 878
Designated for steamboats. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 716, 772, 793
Designated for certain vessels. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 786, 789
Drydocks, use of, by certain, permitted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 811
Ashes not to be cast into. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 780
penalty for violation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . © & ſº e s ∈ e º 'º gº & ... 780
Dirt, night soil, etc., penalty for throwing into....... º e ºs e e s tº sº a sº º e º e º ºs e º e º is e . . . . . 781
And see DOCKS, DEPARTMENT OF; PIERS ; IIARBOR.
SMALL-POX, prevention of spread of.................. e e s e º a e º e s s tº a e s e º e e s & e º e º a º 553, 554
SONG BIRDS, not to be killed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2025
SOUTHERN BOULEVARD, regulating weight of loads, etc., carried over........ 1934, 1935.
SPECIAL PROCEEDINGS :
Jurisdiction of Superior court and common pleas......... sº tº gº tº ºn tº dº sº & . .......... 1126–1130
of justices of, over. . . . . . . . . . . . . . . . . . . . . . . . . ... e. e º ºs e º e º a e e s is a e s = s e e º e º e º $ tº e s e . 1131
Nlay be continued before other judges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1076
SPUYTEN DUYVII, CREEK:
Survey of, by dock department. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 713
Bulkhead line on, alteration of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 730
Bridges over, construction of, by department of docks. . . . . . . . . . . . . . . . . . . . . . . . . . ($76
SPUYTEN DUYVIL IMPROVEMENT:
Assessment district for. . . . . . . . . . . . . . . . . . tº is e º s is e º sº º ºs e ºs sº e º e e e º e s is e º e º e s \ is s e º e º is º 886.
Duty of commissioners. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 887
file abstract of assessment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 887
give notice of report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº gº e º a tº 887
Objections to report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 887, 888
Confirmation of report. . . . . . . . . . * * * * * * is tº s it gº tº e º ºs e º gº it is e º e º 'º & e º is tº e º ºs e º a dº & & & sº tº º ſº º ſº ſº 889
Assessment.8:
to be paid to comptroller. . . . . . . . . . . . . . . . . . . . . . • e s tº tº a tº g º º ſº tº e s ∈ G & © tº a 3 s e º & tº * * * 890
to bear interest............ e e s is e as ſº º ſº ſº tº e © gº º s is e º e is a tº º e e s tº e º ſº º is a # * is dº tº e º 'º & ..... 890
warrant to collect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * g e º ºs º dº e º 'º dº tº 890
duties of Bheriff under.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 891
Comptroller to pay awards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 892
When court may authorize land for, conveyed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 893
Commissioners of sinking fund to convey land for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 894
Defective title cured . . . . . . . . . . . . . . . . e is e º gº & & 9 s s a 4 a s a e s = e e g & sº gº as ſº º e e º ſº º ºs e º ºs º gº tº gº è º & 892
When lands acquired for, by department of parks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 678
Maps, etc., for, prepared by department of docks... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 675
Lands for, exempt from taxes.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : s is sº * * * * * * * 826
SQUARES AND I’LACES:
Opening of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 973
Limits of assessment on. . . . . . . . . . & s e e º e s e e s e e s e º e s m e s s = * * * * * * * * * * * * * * * * * * * * * * * * 973
Deficiency not assessed on.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 996
SQUARE, MANILATTAN, annexed to Central Park. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 682, 694
STAGES :
Routes for, may be established by board of aldermen. . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
Running of, may be regulated by ordinance. . . . . . * * * * * * * * * * * * * * g e g º º ºs e º ſº e º is 86 (sub. 39)
Not run without license. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1952
Routes of, to be approved by mayor and common council.................... .1947, 1948
how changed thereafter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1950
license fees to be paid by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1951.
how authority terminated. . . . . . . . . . . . . . . . . . . © e º G & sº º is g g tº º is º gº tº gº & © tº s gº tº dº ſº tº e ºs e º º 1950
Grants to run stages to be Bold at public auction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1949
Consent of property owners necessary to... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1947
STATE OFFICES, city officers not to hold... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
STATE SUPERINTENDENT OF SCHOOLS, appeal to............... ge e º ºs º e s tº a tº a de 1027
STATE TAXES :
Issue of revenue bonds to pay quota of....... & e º e º e s & b & s a s • . . . . . . . . . . . . . . . . . . . . . 153
Chamberlain's compensation for paying. . . . . . . . . . . . . & e s e º e is a s e e s is e a e e s e º e a tº e s º a s 165
To be reported monthly to state comptroller. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
Warrants drawn on chamberlain for . . . . . . . . . . . . . . . . . . . . g is tº g º e º ºs s a c is tº º e º gº tº gº tº ſº e º º 166
STATIONERY :
Board of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * * * s sº e º sº º 68
To be furnished by contract . . . . . . . . . . . . & ſº e & d e º e a gº tº º ſº tº gº & & º e º e & e º ſº tº e º 'º e º ºs e º e º ºs e º º 68
by whom made . . . . . . . . . . . . tº gº tº e º 'º e º ºs e º e º is a s as dº e º e º ºs e º a s p s is º e º ſº & a n e s s • - - - - - - 68
Specifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
When to be furnished without contract................ . . . . . . . . . . . º & sº e º gº e º sº a e e s & (38
STATION-HOUSES, may be established and furnished by police board................ 254
STATISTICS :
Criminal, prepared. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e g º º tº e º 'º g º & e º 'º a tº gº tº e º is tº 99, 1592, 1718
f poor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº a s s a s a tº sº e º e s e s sº tº 6 . . . . . . 419
STAY OF PROCEEDINGS, to obtain order of removal of cause...................... 1185
INDEX. 81
Section.
STEAMBOATS :
Excursions, passengers on, to be registered........... * & © tº ſº e tº e º e º º º te e º 'º º ... . . . . . . 762
penalty for trespassing by... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 763
Speed of, in East river........... * * * * * * e º e o e º e s e s is s 4 ~ * • s gº e º e s a e º e s ∈ ºr e º e • * * * * * ... 757
In East river, course of......... e is e g º e º e º e º e º ºs º g º ºs & º 'º - * * * * * * * * * * * * * * * * * * @ e ∈ , º º . 757
Wharves designated for..... tº e s e e º e º e s e e º e º e > * * * * * * * • Q & © sº e & • * ~ * * * e º 'º . . . . . . . . . . . 716
Wharves leased for . . . . . . . . . . . . . . . . . © e º 'º e º ºs e º e º a tº gº tº • * * * * * * * * * e º e s as e º 'º º sº e º e a e º e . 793
sheds on.......... • * g g º e s e º e e s is a • * * * * * * * * * * * tº e º e º ºs e tº sº e º e º 'º tº e º a º ºs * * * * * c e s e ... 772
Not throw cinders or ashes into harbor.......... tº e s e º e º 'º e º s º e º e º so e s s e º e º 'º e e º e º e . 746
Not to have pipes to discharge ashes, etc..... © e º ºs e º sº g º º & º ºs º 0 e º e º º ºs e º ºs º º º * * * * * * ... 746
Landing emigrants, to be licensed. . . . . . . . . . . . . . . . . . . gº e s - is as e e º 'º e < e < e s tº e º 'º e º e s e º e . 2046
penalties if not licensed......... • e º e s s e º a e e s e s e º e s - e. e. e. e. e. e. e. e. e. e. e. e. e s s º e s e a s e e . 2047
For use of police department. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256
Navigation of, in fogs, regulated...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . & Gº tº sº º e º º 758, 759
Certain piers, use of, reserved to regular lines of... . . . . . . . . . . . . . . º e º ºs e º 'º º is tº e º 'º - 793–796
'STEAM BOILERS :
Record of inspection of . . . . . . . . . . . . . . . . . . . . © - e s e º tº e - e º tº e º 'º tº e º e º sº dº e º 'º - e º ſº e º e º º . 312
Insecure and dangerous, how made secure. . . . . . . . . . . . . . . . . . . . . . . * @ me • * * * * * * * * * * * * 312
owners of, to report to police board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 310, 313
inspection of, and tests. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 310
certificate respecting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . © 2 & º e e s - e. . . . . . . . . . 310
when exempted from further inspection and penalties....................... 310
Engineer's certificate of qualification.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * > * * * * * * 312
Penalties for violations............... • e º e º e º ºs e º º e º e º e o 'º e s e = e º e º e a s e º e s ∈ e s = e a e 311, 313
suits for, by whom brought..... e - e s a tº e º e º e a e s a e e º e º e s a e < * * * * e º s e e º e º 'º e s is e º e 311
Companies making inspection of, to report monthly. . . . . . . . . . . . . . . . . . . . . . . . . .... 311
ST. AMBROSE CHURCH, Friendly Society of, exempt from taxation............. ... 824
ST. JOHN'S COLLEGE :
Exempt from taxation........... gº e º e º 'º e º e gº tº c e º º e º e º 'º - º 'º e º ºs º º º • * * * g º e º ºs e e e e s tº e º . 825
Streets not to be opened through grounds of................ tº e º 'º e º ºs e º 'º º ºs e & © e º e Q ... 1007
ST. LUKE'S HOSPITAL, exempt from taxation............. tº tº e º 'º - e ºs e s s G - G - e. tº tº e º 'º - . 824
ST. NICHOLAS AVENUE, steam railway in, forbidden........... . . . . . . . . ... . . . . . . . 1945
STENOGRAPHERS:
Justices of supreme court may appoint....... • * * * * * * * e º e e º e s is e º e e s a e º e º e º e s e 1114, 1115
duties and fees of..... . . . . . . . . . . • e º ºs e º 'º e º º e > * - e º e º e º e s a e e e - e º ºs e º s e º e ºs e e e º e - 1114
Of superior court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1149, 1150
Of common pleas. . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * e o sº dº e º e º e e s tº º ſº e º 'º e º 'º º 1149, 1150
Of marine court, salaries of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * 1275
fees of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1278
how appointed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . © & © tº e e º 'º - º 1227
when suspended. . . . . . . . . . . . . . . . . . . . . . . . . © e º e º is e s tº e º 'º e º is a º ºs º ºs e º e º e º 'º e g º e is e º sº 1232
Of district courts. . . . . . . . . . . . . . . . . . . . • sº e s e º ºs e e º ºs e º e º 'º e e º ºs e º e º e º e s s g º e º 'º e s e e 1434, 1439
Of general sessions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . to e º e º sº º is e º tº dº & © & © e º 'º e s e e s e e e 1531
Of special sessions................... tº e º gº e º 'º - e º 'º e º ºs e - e º 'º e º e º ºs e g º e º e º 'º - 3 e º e e º 'º e - 1570
Of police courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e e s e g º e º 'º at tº º e º 'º - © tº gº º ſº tº * * * * * * * * * * * * 1546
Of surrogate's court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........ 1193
minutes taken by........... • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * e º e s e e is e º º 1194
STOCK :
“City improvement,” for what purpose issued. . . . . * * * * * * * * * * * * * e º e s = e º ºr e º ºs ..... 139
“Additional Croton water,” when issued, terms of.............................. 141
On account of streets, etc., in twenty-third and twenty-fourth wards............ . 140
STOCKS AND BONDS :
Board of apportionment Inay issue, for certain purposes............... . . . . . . . . . . 204
Commissioners of sinking fund may sell and buy............................ . . . . 153
New, may be issued to take up maturing.... . . . . . . . . . . . . . . . . . . . Q & e is e e º e º e e ...... 204
When exempt from taxation................ . . . . . . . . . . . . . . . . . . • e s tº º e º ºs e e e º sº. .... 137
And see CONSOLIDATED STOCK and BONDS.
STOLEN PROPERTY, punishment for buying or receiving......... º e º te e º º .......... 1488
STREETS, AVENUES, SQUARES AND PUBLIC PLACES:
Ashes, garbage, etc., unlawful to throw in........... * - e º e º º • e - e º 'º º • * * * * e e ... ... 1936
penalty for violating law relating to.............. tº a e e < e a e º e º 'º e º e . . . . . . . . . . . 1986
Assessments for,
when deemed to be fully confirmed. . . . . . . . . . . . . . tº e e º e sº e º º tº e º e . . . . . . . . . . . . . . 915
when conclusive. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . º e º ſº e º e º e º e e .... 994
F. by wrong parties, how recovered. . . . . . . . tº a tº as ºn e º 'º & tº e º 'º e º sº tº º e º e s e e ... ... 995
ouses and lots, how described in. . . . . • Q - e º 'º e º 'º e - * * * * * * * * * * e s a s e e e e o e e tº e g º e - 869
limitation to, on lands and tenements........... * * * * * * * * * * * * * * * * * * * * * g e e s - e. e. 980
changes in, when not to be made...... tº º 'º e º e º e s a º • * * * * * * * * * * * * * * * * * * * * e º sº º ... 985
board of revision and correction of......... * e º e s tº © tº e a tº ºn e º * * * * * * * * * * . . . . . . . . . 867
list of, revision and correction of................................. . . . . . . . . . . 867
confirmation of, limit of time for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 867
against the corporation, to be in gross and not on property affected......... ... 980
fraud in, remedy for.......... © tº e º 'º g is tº $ tº G & © º º º tº º gº º º gº tº gº tº * * * * * * * * . . . . . . . . . . . . 898
fraud when established, to vacate....... © e e s e º 'º 9 s e e s e e º e º a © º ºs e º 'º - e. . . . . . . . . . 880
certain irregularities not to vacate.......................... tº º ºs e º & ... ....... 899
vacated or modified, how..................................................899, 900
6
INDEX.
Section.
STREETS, AVENUES, SQUARES AND PUBLIC PLACES-Continued.
Assessments for,
orders vacating. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..... 900'
when to become a lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 915, 995
lien on real estate until paid..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 915
deficiencies in collecting arrears of, how met.... . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
list of confirmed, kept in comptroller's office..... tº º e º is tº tº e s tº e º as e g is º º is a tº dº e s tº a 885
statement of unpaid, sent to clerk of arrears................ & e e º gº º e º sº e tº º e º 'º º 922
interest charged on unpaid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 918
district of, extent of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 979, 973
re-assessments, when made........... 2 * g is s is a s $ & e º ºr e º & © tº $ & 6 & 5 & is tº * * * tº dº tº e º gº tº tº de 905
expenses of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 905
expenses, disbursements and charges of,
assessed upon property benefitted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 994
limit of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1002, 1006
paid by corporation from assessment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 996
assessment of, not to be made after confirmation of report. . . . . . . . . . . . . . . 996
taxation of, by court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1000
notice of, to be published. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1000, 1001
copy of, where filed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1000
what to be allowed and charged as........................ * º ºs e º 'º dº e º e º e & 1000
unpaid,
levy by distress and sale for.......... . . . . . . • is e º e s e º e º e º e s a e s is is as a e º e º e º ºr 995
action of debt or assumpsit for.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 995
Banners, etc., in, to be regulated by ordinance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86, (sub. 16)
Benefits, district for assessment of............................................ 970, 973
to lands taken. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 970
to lands not taken. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 970
when exceeding damages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 976
to corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * g is 4 & e s is s º a 4 tº º sº tº # 980
limit to amount of assessments for...................... . . . . . . . . . . . . . . . . . . . . 980
Board of street openings, etc.,
of what officers composed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 955
powers and duties and jurisdiction of . . . . . . . . . . . . . . . . . . . . . . . . . e sº e º sº sº e º 'º e s tº tº gº 9
Bounding Morningside park, completion and care of............................ 334, 338
Buildings,
unremoved, when to remain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . gº tº g e º ſº º ſº tº º 1004
compensation for, when not to be allowed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 977
when to be allowed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 977
estimated value of, when part may be assessed on corporations. . . . . . . . . . . . . . . 977
when paid for, when not required in opening streets, etc. . . . . . . . . . . . . . . . . . . . . 978
Closing of,
general powers of board of street openings as to........ . . . . . . . . . . . . . . . * * g º e & 1009
commissioners of estimate to be appointed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1010
commissioners to estimate damage and benefit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1010
contents of report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1010
confirmation of report. . . . . . . . . . . . . . * * * * * * * * * * * * * * * * e º e s is § sº e s tº º ºs º ºs e º e s tº * * * 1010
effect of confirmation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1010
notice to present objections to report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1011
when awards to be paid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1012
awards to infants, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1013
vacancies in commissioners filled. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • e º e º sº e º e º 'º ºf 1014
majority may act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1014, 1015
compensation of commissioners. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1016
how property described in report. . . . . . . . . . . . . . . . . º e º ºs e º ſº º is sº e s ∈ e º a s e e s e º e º is sº tº 1017
notice of assessment. . . . . . . . . . . . . . . . . . . . . . . . . tº e º 'º e s tº dº º ºs tº e º g º e tº g is e s s is e g º gº & º ºs e 1017
proceedings to open and close, united. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e s tº e º ſº is 1018
duty of commissioners in such cases. . . . . . . . . . tº gº ºs e º ºs e º e s e e º ºs e º ºs º ºs e a s gº ºn tº e is e º 'º & 1019
adjustments of damages and benefits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * 1020
effect of closing, upon leases, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1021
Commissioners of estimate and assessment,
appointment of . . . . . . . . . . . . . . . . . . . . . . . . . tº e º 'º e º ſº º gº e º & © $ tº º ºs e e s ºr e g a tº $ tº 8 s tº £ tº 964, 965
oath of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * & ſº ºf w w º ..... 968
general duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e s e º e º º 969
vacancies in office of, how filled. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * g º e º 'º º 966
majority of, may act. . . . . . . . . . . . . . . . . & e º is a s & e º sº e º ºs tº e tº e º ſº & º ºs e as tº e º e g º dº º is tº a ºn tº 967
annual appropriation for expenses of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
oaths, may administer . . . . . . . . • * s sº as e º e º is e º is e º is s e º & e e º e º 'º e e tº & º 'º g e º ºs e º 'º tº ºp tº º º 1005
proceedings commenced by, when to be completed...... * * * * e º e ... . . . . . . . . . . . 974
report of,
what to contain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .........975, 976, 989, 990
notice of time and place of making, to be advertised........... 4e e g º is a tº e º ſº 984
copy of, deposited . . . . . . . . . . . . . . . . . . . . . . . . . • * - - - - - - - - - - - - - - - - - - - - - - - - . 984
objections to, how made. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 984
consideration of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e e º ºs e º ºs º is a tº $ tº º 984
corrections in, when to be made. . . . . . . . . . . . tº e º ſº e º ſº tº º ºs e º ſº e º 'º e º e s tº e e . . . . . 988
changes in, when not to be made... . . . . . . . . . . . . . . . . . g is e e º ºs e t e º sº e º º e º is º ... 985
supplemental notice of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e & e º e g tº e s e º º . . . . 987
presentation of, to court and proceedings thereon...... tº º º is e g º e º ºs e s e º º ºs º & 990
confirmation of, final and conclusive. ... . . . . . . . . & © tº ſº gº º is ſº º ºs º 'º gº º .......... 990
INDEX. 83
Section.
STREETS, AVENUES, SQUARES AND PUBLIC PLACES-Continued.
Consent of common council necessary to opening new.... . . . . . . . . . . . . . . • & © & e º sº e º º 94
Encroachments upon, to be regulated by ordinance...... . . . . . . . . . . . . . . . . . . . . . . . 86
Estimates and assessments,
abstract of, where deposited. . . . . . . . . . . . . . . . . . . . . . & º ºs e º ºs e º e º e º 'º e • * e s ºr e º ºs e & . . 984
what to contain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 984
- notice calling attention to......... e ſº e º e e º 'º e e s tº e > tº e º e e º e s e º 'º - e. e º e º ºs e e g º º 984
objections to, may be made in writing. . . . . . . . . . . . . . . . . . . . . . . . . . . © e º e º º ºs º ºs º º 984
when to be heard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • - e. e. e º e º e º e º ºs e e º s a 984
witneſſBeş, attendance of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 987
correction of, when made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 988
interest on, when not allowed. . . . . . . . . . . . . . . . . . . . . . . . & e < e < e º ºs e e < e < * * * * * * * * * * 999
completion of, notice given to owners. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 871
damages to lands and tenements taken . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 970
when exceeding benefit......................... ‘e e s tº e s - a e e s - e s e e º e s e e º 'º 976
when equal to benefit. . . . . . . . . . . . . . . . . . . . ........ tº º e º 'º e dº tº e e • * ~ * g e º ºs e g º ºs º º 976
paid from assessments........ e e º e s e e s s a e e tº e º 'º e º 'º e º " tº e º e º is a • * * * * ~ * > * * * * * 996
award for, when paid. . . . . . . . . . . . . . e 4 º' e o sº s º a º e s is a - a tº s e º e º 'º e º e s sº e º is “ s = e º s 992
Buit for, when commenced. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 992
paid into court, when . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 993
wrong party, when paid to, how recovered. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 993
to corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 980
Fast driving in . . . . . . = e s a s e s s e e is e º ºr e º e s - e º e º 'º - e º e º 'º a s e º 'º e s = s e * * * * ~ * g e ºn . . . . . . . . 1932
Fifty-ninth street, above, powers of department of public works over. . . . . . . . . . . . . 319
Fires in, kindling of, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 452
Grades of,
notice of change in, to be given......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... ... 1962
written consent of property owners necessary to... . . . . . . . . . . . . . . . . . . . . . . . . . . 1962
expenses of, estimate to be made. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 873
assessment of loss and damages....... • * g º a tº se e s º e º te e º is e º e º e º e s a tº e s e e s - e s is e º e 875
awards, how paid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 875
exclusive power in park department in certain district to alter, etc. . . . . . . . . 670, 671
proceedings thereunder...... & e s e º e º s a e e º e º e º 'º - e. e º e s e s • * * * * * * * * * * * * * * * * * 672
once made, when to be changed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * * 1964
Fixing and alteration of, by commissioner of public works. . . . . . . . . . . . . . . . . . . 342
Intoxication, etc., in, to be regulated by ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
In twenty-third and twenty-fourth wards, stock issued on account of ............ 140
Lands, tenements, etc., required for,
how secured . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * g e º 'º º 964
fee to, when corporation entitled to......................................... 990
possession of, when corporation may take..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 990
corporation may agree with owners of, for sale of..... . . . . . . . . . . . . . . . . . . . . . . . 979
Lay out, make, widen, alter, and keep in repair,
authority of common council relative to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
authority of park department relative to................. tº e º 'º e º º 'º e e º e e tº e º e º 'º 669–68
Lighting, board to contract for ............ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * 69
time limited. . . . . . . . . . . . . . . . . . . . . . e º 'º e º e º 'º e a a e º 'º e º º e a s e º is º º e = * * * * * * * * > * * * * 69
Nails, glass, etc., unlawful to throw in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1938
Numbering houses in, naming, etc., to be regulated by ordinance.................
Obstructions on, removal of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº º e º sº tº e º e º is tº º ºs º ºs e º 'º tº 324
Opening of,
board of, powers and duties, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . º º ºs e º 'º e 955
legal proceedings, etc., to be conducted by corporation counsel....... w - e º 'º e - - 215
duties and powers of board of...................... * * * * * * * * * * * * * * * * * * * * * * ... 955
may lay out streets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 955
file maps. . . . . . . . . . . . . * - & e º e º a e º tº e º e = * * * * º e º ºs e º e - e. e. e. e. e. e s e a tº e a e s e º e º ºs e ... 955
quorum of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº s s a e e º sº e e º 'º e º 'º e º a e º e s tº e e g º e 955
powers of department of public works as to........................... • * g e º 'º' 956
powers of department of parks as to..... ................................... 956
city may order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 963
property appropriated for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 963
proceedings for, begun. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 964
petition to supreme oourt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 964
commissioners of estimate and assessment appointed....................... 964, 965
how appointed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 965
notice of application for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 965
effect of death or resignation.......... e e s e e º e e s e º 'º e s e e s a e e s e a e s is e s e e s a 966
vacancy, how filled. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 966
two can act. . . . . . . . . . . tº sº e s > * * * * * * * * * * * * * * * * * * * * * * * * * e e • e º 'º e º 'º a sº * * * * * * * * 967
to take oath...... * * g e º e º 'º e º 'º - e º 'º - e º e º e - & e e º e < * * * * * * * * e a e s e e º e º 'º e º se e s e e 968
to view property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . e e º e º e º e < * * * * * > * > * * * * * * * * * 969
to estimate damage and benefits................................. • e º e e s - 970
limits of assessment. . . . . . . . . . . . . . . . . . .............. tº e º ºs e tº a tº e º e º ºs e º 'º e º e º 'º e º & 970
owners of property may convey to city. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 971, 972
commissioners must complete their proceedings in four months. . . . . . . . . . . . . . . . 974.
to report damage and benefit separately.......... . . . . . . . . . . . . . . . . . . . . . . . . . . . 975
when allowance made for buildings.... . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * g e s - © 977
may assess on city part of cost of buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 977
commission to obtain plans of grades... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 978
may award damages for injury to buildings by change of grade o e º e º e º e º sº tº e e º a 978
84 INDEX.
t Section.
STREETS, Ayſsues SQUARES AND PUBLIC PLACES-Continued.
Opening of,
P º: may agree with owners as to damage and benefit.................. ... ... 979
land of city may be taken.......... . . . . . . . . . * * * * * * * * c e º e º e º 'º e s is a tº - a e º º e s a e . 980
benefits assessed against city. . . . . . . . . . . . . . . . . . . . . . . . tº e º e a e º e º e º e º 'º e º 'º e º e º a tº º 980
not to assess any house or lot above one-half its value.............. & © & © tº s e º O © 981
how leases or contracts effected. . . . . . . . . . . © tº e º ºs e º 'º e º ºs e º e e º e º e º a tº dº e º 'º e e º 'º e º 'º º 982
surveys and maps to be furnished commissioners by departments............ . 983
diagrams to be prepared. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 983
lots of unknown owners. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * @ w tº tº º tº e . . 983
abstract of estimate and assessment to be deposited......... • e º e º 'º e º e º 'º tº e e º e . 984
affidavits to be deposited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 984
notice of intention to present report. . . . . . . . . . . . . e e º 'º e º es e º e s s a º ºs e º sº e º e s tº a tº e dº 984
how and when report amended. .... • * * * ~ * © e º 'º e º gº e © tº e º e º e º 'º e e g º ºs e º ºs º º & © tº a tº º & 8 985
objections to estimate and assessment. . . . . . . . . . . . . . . . . . . . . e e s tº e º e s is º e º e º e º 'º e 986
notice of hearing objections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 986
witnesses compelled to testify on hearing objections........ • s e e s e s a e º e s a e e s e e 987
report to be presented. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº º e º 'º tº tº º 'º - 988
contents of report. . . . . . . o e º ºs e º ºs e º e º e e , - * * * * * * * * * * * * * & e º e º e º e s e e º is e º e º 'º e º e º º . 989
application to confirm report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 990
effoct of report when confirmed... . . . . . . . . * - a 9 s tº e - © e º e g º e º e º e º is tº e º 'º - e º 'º e º 'º tº , 990
what title acquired by city............. * * * * * * * * • * * * * * * * * * * * * * * * * * * * * * * * * * ... 990
when copies of report filed. . . . . . . . . . . . . . tº e º e º e º is e º e * * * * * * * * * * * * * * * * @ 9 & 2 . . . . . 991
when awards to be paid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 992
how payment enforced.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * ~ * * * * * * * * * * * * * * * * 992
awards to infants, etc., how paid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 993
awards paid to wrong party recovered......: ... º e º e º 'º º e º e º e º 'º º 'º º e º 'º tº a tº * * @ e º 'º 993
moneys expended by city for cessions, awards or expenses to be assessed...... 994
deficiency assessed by assessors....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 994
assessments to be a lien. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * * ... 995
how assessments enforced. . . . . . . . . . . . . . . . . & ſº tº e º 'º - e º e º e º is a w w tº gº tº E tº º . . . . . . . . . . 995
effect upon landlord and tenant. . . . . . . . . . . . . . . . . . . . . . . . . . . e e e s tº º e º 'º . . . . . . . . . 995
adjustment of interest between damages and benefits....................... . 996
costs to be taxed....... • e º e º so e o e º e e tº e º 'º e • * * * * * * * e º 'º e e s e e e º e s º e º e º 'º e º º e º a e e ... 1000
rules for taxation. . . . . . . . . . . . . . . . . . . . . . . . . tº dº e º e º e © º e º e º 'º e º e º sº a * * * * * * c e ge .... 1000
limit of commissioners' fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * e º 'º e º 'º - © º º ſº e º sº º tº 1000
bill of costs filed............. tº e º e º sº e s a dº º e e s is e º e º e º e © tº e º 'º e º sº a e e º s e º e º ºs e º e o e e 1001
notice of taxation. . . . . . . . . . . . . . • * * * g º e º 'º - e º e s m e º a º * @ e e º tº 6 - e. ... . . . . . . . . . . . . 1001
when board of street opening may discontinue proceedings......... .......... 1008
when city may discontinue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... 1003
buildings permitted to remain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 1004
commissioners may administer oaths................... tº e º ºs e tº tº e º e º ºs e º 'º e g º e ... 1004
how notices published. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º 0 tº tº e º 'º e º e º e ... 1005
streets not to be opened through land of St. John's College. .............. .... 1007
proceedings to open and close, united...... * * c e º e º 'º e º 'º e e e º e º e º e º O & e º e e ... ... 1018
duty of commissioners in such cases...... © e º e º 'º e e º e º ºs e s e • e g º e º 'º o • * tº e º e > - ... 1019
adjustment of damages and benefits. .......... * > * * * * * * * & © e < e < e e s e º e º e º is . . . . . 1020
bonds to be issued for opening streets north of One Hundred and Fifty-fifth
street . . . . . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * g e ... ... 145
assessment for opening streets in twenty-third and twenty-fourth wards...... 920
One Hundred and Twenty-sixth and One Hundred and Twenty-seventh
streets, provisions as to opening. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 960
Lexington avenue, to be opened. . . . . . . . . . . . . . . . . tº e º e º ſº nº e º e tº e º ºs e º 'º ... . . . . . . . 961
Manhattan street, to be opened...... * * * * * * * * * * * * * * * * * * * * * * a s ºf s e º 'º .......... 962
Opening surface of, gas, sewers, etc., in, to be regulated by ordinance........ . . . º 86
Parades in. . . . . . . . . . . . . . . . . . . . . . e e º e º e º e s e s a s e º ºs e º e s a e e º a º e a • s e s e º e º º 'º e º a g º a 1939–1942
on Sunday. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . © tº e º e g tº .... 194
Pavements, guttering, lighting, etc., to be regulated by ordinance..... ... . . . . . . . . . 86
Public cries, whistles, bells, etc., in, to be regulated by ordinance...... dº ſº e º a e º sº - e. 86
Powers of board of health as to................ tº e º 'º e º 'º - e e º e º ºs e e º e º 'º º is º e º e º e e º º ... 535
Railroads in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * tº dº e º 'º - © tº we e º e º & © tº º & © tº e ........... 1948
forbidden in certain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº g º e e º e ... ... 1944–1946
Repaving, when no assessment for, except on petition............. iº e º 'º - © º e º º . . . . . 975
when done by city. . . . . . . . . . . . . • e e º ſº e º e º 'º - e tº e e s tº a c e e e º e º º e e s e e e º 0 e º 'º e e e .... 321
expense thereof provided for......... © & © e º 'º 9 & © e º e º º e º e º e e . . . . . . . . . . . . . . . 891
annual appropriation for..................... tº e º e º 'º e º e º e º 'º e º ſº e º e º tº ......... 194
Right of way of firemen in...... & sº e > < e s e º e º e s is e º ſº e s e * e º e s tº e º e º e e º s e e e º 'º ........ 444
Removal of ice and snow to be regulated by ordinance..... e e º 'º e º e º ſº tº e º 'º e º e º a tº e e Q 86
Restriction upon changing numbers and names............... & © e º ſº tº e º 'º tº º e º e º 'º º ſº º 86
Salt, saltpetre, etc., in ....... tº G & º e º & e º 'º º e º e º 'º - e º 'º e º 'º º sº º e e º e º 'º - e º gº tº e º ºn .......... 1988
Signs, urinals, telegraph posts, etc., in, to be regulated by ordinance.......... e - © 86
Superintendent of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º e º 'º º tº . . . . . . . . . . . . . . . . . . . 817
Traffic, etc., in, to be regulated by ordinance............... e e º e º ſº tº e º e g º e s ....... 86
Tenth avenue from, to Avenue St. Nicholas, proceedings for laying out........... 829
Title to, north of Fifty-ninth street, by whom .#e e º e s e º e e s e º e º e º a s e ....... 320
Twenty-third and twenty-fourth wards..... & e º 'º e º a s v e º 'º e º ºs e e .........671, 672, 677, 679
change of grades in, when owners entitled to damages..... e e º e º º & © º ºs e e ....... 874
Use of, to be regulated by ordinance.................... ........................ *
Vehicles to take the right.................. .................................... 19%
When piers deemed to extend into. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 771
INDEX. * 85
Section.
STREETS AND ROADS, bureau of.............. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 317
STREET CLEANING, department of... . . . . . . . . . . . . . . . . . . . . . . . . * c e s tº e e º 'º e e º e e º 'º e º e º 'º 34
Commissioner of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
appointed by mayor with concurrence of board of health. . . . . . . . . . . . . . . . . . . . . 107
how removed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
salary . . . . . . . . . . . . . . . . . . . . . . . . . & 6 e º e s s e e s e e e s s s e s a s s a e s e s tº e s a º e º is s e º 'º e º 'º is © 52
powers and duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 704
to file monthly statement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 704
to appoint employees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 705
may purchase or hire steam tugs, horses, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 705
Contract by, provisions as to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
to be approved by board of estimate and apportionment. . . . . . . . . . . . . . . . . . . . . 209
over one thousand dollars to be let on sealed proposals to lowest bidder. . . . . . . 705
Contracts for removal of garbage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 708
may be terminated on ten days' notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 708
may be made for final disposition of garbage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 709
to be accompanied by Surety. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 709
Slips and docks to be set apart for use of department............. . . . . . . . . . . . . . . 706, 728
May lease slips and piers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 706
Employees to be uniformed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 707
Garbage may be cremated. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 710
lands may be bought for such purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 710
STREET COMMISSIONER, words wherever occurring, what to be taken to mean.... 325
SUBORDINATES, list of, to be published. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e 49
SUBPCENAS in district courts.......... . . . . . . . . . . . . . . . . . . .......................... 1174
In superior court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1370
In oyer and terminer and general sessions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1511, 1533
In special sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1584
SUITS BY COMMISSIONERS OF EMIGRATION ... . . . . 2033, 2034, 2036, 2047, 2049, 2051
SUITS BY COMMISSIONERS OF PILOTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2123
SUITS FOR II.E.LL GATE PILOTAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2134
SUITS BY BOARD OF HEALTH.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 616, 617, 622, 627
SUITS BY FIRE COMMISSIONERS... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 431
SURETIES FOR GOOD BEHAVIOR. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1461
SUMMARY EXAMINATION of officers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
SUMMARY PROCEEDINGS, in district courts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1357–1367
Marine court has jurisdiction of . . . . . . . . . . . . . . . . . . . . . . . . sº e º e = * * * * * e º e º sº & e º 'º e s is tº 1211
SUMMONS: .
Service of, in district courts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1557
contents of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1297
Served upon city. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1080
SUNDAY :
Amusements on, forbidden. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5007
Parades on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1941
Sales, may be regulated by board of aldermen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 (subd. 26)
SUPERVISORS :
See ALDERMEN, BOARD OF.
SUPERVISOR OF “CITY PECORD’’. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66, 67
Powers of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
SUPPLEMENTARY PROCEEDINGS, jurisdiction of common pleas in...... & © e º º e ... 1169
suprºnºspºr OF INCUMBRANCES, chief of bureau in department of public
WOl' KS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 317
SUPERINTENDENT OF LAMPS AND GAS, chief of bureau in department of
public works. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 317
SUPERINTENDENT OF POLICE : te
e See POLICE DEPARTMENT.
SUPERINTENDENT OF REPAIRS AND SUPPLIES, chief of bureau in depart-
ment of public works............ tº e º sº e º 'º e º u e º e s e º e < * * to ºn tº e º e º e º is e º ºs ... 317
SUPERINTENDENT OF SCHOOLS:
See SCIIOOLS.
SUPERINTENDENT OF STREETS, chief of bureau in department of public works... S17
SUPERINTENDENT OF STREET IMPROVEMENTS, chief of bureau in depart-
ment of public works. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .317
SUPPLIES, how ordered. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * 64
SUPERIOR COURT:
A court of record . . . . . . . . . . . . . . . . . . . . e e < e < * * * * * * * s = e º e º e º 'º e e º ºs e e s a w e º e s e º e º 'º e º º 1123
Number of judges of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... 1128
Qhief judge of, to be appointed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1128
Clerks, deputies and assistants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1146
86 * INDEX.
Section.
SUPERIOR COURT-Continued.
Powers of deputies...... . . . . . . . ........... • a e is 6 tº • e e e º e s a e s e º a e s e º e º e e º e º 'º' s e 1146–1148
Stenographers to be appointed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1149
Fees and duties of stomographers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1150
Appoint crier. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . & ſº tº e º ºs e º 'ºe 1151
salary of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1151.
Power of, as to money paid into court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1161
Vacancies in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * a e º e a e s a e s • * * * * * * * * * * 1124
Fees of clerk of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1176
to be accounted for . . . . . . . . . . . . . . . • & e º ſº e g º º is a s tº a • * *... . . . . . . * G sº º ºs º ºs e º 0. ... .... 1152
Clerks and assistants of, may be required to give security. . . . . . . . . . . . . . . . . . . . . . . 1175
Salary of clerks of.... . . . . . . . . . . . . . . . . . . . . . . . *s is e º e s a s e º e s e s a s e s is a e º 'º & e º e s 6 & d e º & 1177
Appoint attendants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1153
Salaries of attendants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1177
When and where held. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1172
Clerks, number of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * 1177
Clerk's office, where. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1173
Process, how tested and returnable.............. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1174
Subpoenas run through state. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1174
enforced by attachment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1174
Governor may designate judge of, to hold Supreme court. . . . . . . . . . . . . . . . . . . . . . . . . 111 ()
powers of such judge.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1110
May order papers destroyed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1125
Jurisdiction of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1126, 1154, 1155
Jurisdiction of actions against Several defendants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1128
Jurisdiction of, presumed 4 s a e s s e e s a e s e º e º e e s a e º e s m s , a s = e a e º a s s sº e s e s " - - - * * * * * * * * 1129
need not be pleaded. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1129
Want of jurisdiction waived, unless pleaded. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1129
Extent of jurisdiction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1130
Has jurisdiction of actions against city. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11(13
Enforce mandates as in Supreme court. . . . . . . . . . . . . . . . . . . . . . . . * g e º ºs e e º sº a tº e º ſº tº ſº e º 1130
Power of justices..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1130
Removal of actions from . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1132–1134, 1136
Dxisting jurisdiction continued. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1162
Jurisdiction of corporation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1127
Removal of actions to... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1137
duty of clerk on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '• * * * * * 1138
effect of... . . . . . . . . . . . . . . . . . . tº e º 'º e º 'º e º ºs º is a tº gº tº e g o 'º º • * * * * * * * * * * * * * * * * * * . . . . . 1139
When county judge may make orders in actions in................ . . . . . . . . . . . . . . . 1140
Send mandates throughout state............. . . . . . . . . . . . . . . . . . . . . - e º s e s (→ * * * * * * * 1141
Judges of, fix terms............. tº s e a e s e e s a e e s e s = e e s e e s e a e s 4 • e e s > * * * * * * * * * * * * * * . 1142
General term held by two judges......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1143
Special or trial term held by one judge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1144
When affirmance had . . . . . . . . . . . . . . . . . . . . . . . . . s s p tº e º 'º e a e º s a s gº tº s ºr e º º * . . . . . . .... 1143
When reargument had . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . & e s tº ſº º ºs e º s tº 1143
When books, records, etc., of, may be copied.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1145
expense of Buch copying... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1145
Habeas issued by................ . . . . . . . . . . . . . . . . . . . . , - (- - tº e º 'º e º ſº tº a s e e s e º 'º e s = e º º 155
Bail taken by... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1156, 1157
Certiorari issued by......... ... e. e. e. e. e. e. e. e. e. e. e s e º s a s s s a e s is e e s = e s e e s a s is s s a tº a • * * * * * * * * * 1158
Powers in foreclosure of lien on chattel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 1159
Effect of decision of, in construction of statute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1160
Terms of . . . . . . . . . . . . . . • a e s e e s e º e s sº e º e º e s = e s e º e e º e º e s e º e º is 6 s a s s is a º , a tº * * * * * * * * 1172
Who shall execute warrant of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1494
SUPREME COURT :
Additional compensation for justices. . . . . . . . . . . . . . . . . . . . e e º sº e s º e º is e º is ........... 1108
May appoint stenographers...... . . . . . . . . . . . , e s e e s s e s a e s a e s a s e º e e s e º e º e º e o e º ſº º º 1114
Crior to be appointed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . © e s e s e º e º e º e º e e 1116
Order Bale of preemptive righth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....1119, 1122
May remove actions from superior city courts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1132–113
Justice of, may hold oyer and terminer...... º 4 sº e º 'º e º & e º & e º 'º e º ºr e º & © tº gº º º - * ... ... 1508
Rules of, apply to district courts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1425
May remove actions from marine court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1214
Has jurisdiction of actions against city. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1103
When may remove action to Superior city court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1137
Compensation of justice from another district. . . . . . . . . . . . . . . . . . . . . . © e º e º 'º - & © tº e º & 1109
Governor to designate judges of superior and common pleas to sit in............. , 1110
Powers of judge so designated........ . . . . . . . . . . . . . . . . . . . . . . . . º, s is a e e s e e s m º º a s e º a 1110
Two or more circuits of, held........... * * * * * * * * * s e e s a s g º e º s & e s e s a s e o e º 'º e º & © º & ... 1111
What clerks authorized. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e = c e º e º s ºr * * * * * * * * aw a º & e º sº tº 1112
Attendants to be appointed. .................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1113
Salaries of attendants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... s is a c e s tº e º ºs e º 'º 1113
Stenographers of . . . . . . . . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .....1114, 1115
Salaries of Btenographers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1114
Crier of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * e º e s s a tº e º º * tº e º tº e º a tº * * * ſº ſº tº ... ... 1116
Salary of crier of.................. • * s 4 ~ a e e s e s s e e s e e º e º e º a tº sº e º 'º e s s e º e º & 8 & 9 e º 'º º 'º º 1116
Motions on notice in . . . . . . . . . . . . . . . . . . . . . . . . . . e & e º a tº e º e º 'º e º ºs e º e º e º f tº e º º tº * * ... ... 1117
Motions out of court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1117
Certiorari to tax commissioners by. . . . . . . . . . . . . . . . . . . . . . . . • * * * * g e º 'º e º 'º s e c e º ºs e º a 1118
Order sale of claim to preemptive right. . . . . . . . . . . . . . . . . . & e s e º e s e s e º e º e º 'º - * * * * * . 1119
INDEX. 87
Section.
$UPREME COURT-Continued.
How Bale conducted.......... & e º e º ſº º is a sº e º s s e g º ºs º º tº º ºſ º e º & • * * * * * * * * * * * * * * * * * 1120–1122
Justice of, examination of city officer as to official misconduct, etc., before........ 60
Authorized to allow amendment in pleadings, etc., in actions on account of lands
taken for water supply..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . gº º ſº e º 'º tº gº tº e g º º . 383
Mºy enforce payment of tax... ................... . . . . . . . . . . . . . . . . .............. 857
When authorize land for Spuyten Duyvil improvement conveyed....... tº e º is ſº tº sº, $ tº tº 893
SURROGATE :
Pond of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1178
Election of...... * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * e s º is ºf e º ºs e º $ tº gº tº * * * * * * . . . . . . . 1178
Term of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * * * e s is e º 'º 1179
Vacancy, how filled. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1180
Salary of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sº e º a sº is sº as s a s s e º sº e s is a s is a • * * * * * * * 1181
Shall receive wills on deposit.......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1758
Must make Bearches........ - * * * * * * tº e e º ºs e e º ºs e º u ę & e º is as ºr s e s tº a s sº s sº s is a s is is sº e º e s = * * * * * 1743
Fees of, belong to city. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1726
Appoint assistants. . . . . . . . . . . . . . . . gº º e º a tº e º s e º º sº e º e s & e e s sº * * * g e º e s sº s = e s a tº e º ºs º ºs e º º 1727
Balary of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1727
may be required to give Becurity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1204
powers of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1182
to take oath. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1182
When common pleas act as... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1183, 1184
Order to act as . . . . . . . . . . . . e e e º gº º is e º 'º it is is sº tº e s tº º tº e º 'º º sº e º sº * * * * * * * * * * * * * * * * * * * * * 1183, 1185
Revocation of order, to act as.............. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1186
Report fees and disbursements... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1189
May perform certain acts during his vacation.......... . . . . . . . . . . . . . . . . . . . . . . . 1190
Appoint clerks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . & e º ºs e º ºs º gº & g º & & e º e º 'º º sº * * * * * * * 1191.
ł Citation of, how published. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.192
Appoint and remove stenographer... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1193
| Minutes taken by stenographer............. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1194
May order jury trial in common pleas.................... . . . . . . . . . . . . . . . . . . . . 1196, 1198
May appoint referees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1195
How decree for money enforced.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1197
Discovery of property withheld in absence of... . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * 1202
To certify inability to examine guardian's accounts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1203
When make order for public administrator...................................... 221
SURVEYS for tax commissioners.................................. .................. 861
SURVEYOR OF TAXES......................................................... ... 815
T.A.R. .
Quantity stored......................................... . . . . . . . . . . . . ... º dº ſº º 'º º $ tºº & & 456
From gas-houses, not to be thrown in waters..... © e º gº º º * e º 'º º e • * is tº as s e º ºs º ºs º gº gº & © tº gº tº 751
TAX ON FOREIGN INSURANCE COMPANIES ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . .522–532
TAXES, STATE:
See STATE TAXES.
"TáXES :
Apportionment of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 847
Assessment for taxation,
when begun. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 814
assessment rolls, manner of making. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 822
when prepared and what to contain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 822
mode and manner of making . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 814
not void, when not in name of rightful owner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 818
comptroller to publish notice of confirmation of..... ....................... 916
91'ſ OTCOllS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 820
Area of to be laid out for Spuyten Duyvil improvement. . . . . . . . . . . . . . . . . . . . . . . . . 886
Books, tax, how kept........................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 818
Bureau for collection of... . . . . . . . . . . . . e is e º 'º e º e º e s is º ºs e º a sº sº tº e s tº e º ºs e º e º e º is tº º e º º ſº º tº 125
Bureau for collection of arrears of.............................................. 125
Collection of, g
payment of, notice respecting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 841, 845, 846
paid personally to receiver of taxes......................... . . . . . . . . . . . . . . . . 839
interest added to. . . . . . . . . . . . . . . . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 843, 844
interest not to be reduced......... tº e s e e s e e s a e s m sº e . e. e. e. e º sº º e º e º & e s tº “ s e º & a tº e . 845
Percentages on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 843
notice for payment of................... tº e º e º ºs ºs e g º ºs º ºs tº º te tº e º sº e º 'º º & º & tº • * * * * * 845, 846
list of, transmitted to clerk of arrears. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 944
on incorporated companies, manner of collecting, etc. . . . . . . . . . . . . . . . . . . . . . . . 848
deductions in, when made. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 842
deficiencies in, sum to be inserted to cover.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 830
not void, when not in name of rightful owner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 818
lien on real estate until paid............... . . . . . . . . . . . . . . . . . . . . . . tº º ºs e e º º ºs & . 917
when removed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 932
undivided parts of, how paid.......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 847
part unpaid a lien. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 847
88 INDEX.
Section.
TAXES-Continued.
Collection of,
estimated receipts to be deducted from sum to be raised by tax. . . . . . & e º ºs º & ... 832
collected, paid over daily. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . & Cº tº ſº e º ºs e º sº 849
uncollected from corporations, report of... . . . . . . . . . . . . . . . . . . . . . . . . . . tº º º te e º 'º 848
And see RECEIVER OF TAXES.
Deficiency in, tax to cover . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - e. e. e º e º e º e º 'º tº e > * * . . . . 213
Exemptions from taxation,
class of buildings exempted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 827
conditions of exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '• * * * * * ... 827
Branch mint, United States,
land, building and machinery exempt from tax and assessment..... ... ... 826
Assay office, United States,
land, building and machinery exempt from tax and assessment. . . . . . . . . . . 826
St. Luke's ºpiº,
property of, exempt from tax and assessment.... . . . . . . . . . . . . . . . . . . . . . . . 824
Masonic Asylum,
real estate of, exempt from taxation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 824
Columbia College,
real estate of, in use for college, exempt from taxation........... ........ 824
Home for Incurables,
real estate of, exempt from taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 824.
House of Rest for Consumptives,
real estate of, part of, exempt from taxation. . . . . . . . . . . . . . . . . . . . . tº º e º 'º is . 824.
New York Hospital,
real and personal property of, when exempt from taxation. . . . . . . . . . . . . . 824
National Academy of Design,
real estate of, exempt from taxation..................... . . . . . . . . . . . . . . . . 824
St. John's College at Fordham,
real estate of, exempt from taxation. . . . . . . . . . . . . . . . . . . . . . . . • * * g e º 'º º ..... 825
Friendly Society of St. Ambrose Church,
exemption from taxation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... 824
And see EXEMPTION FROM TAXATION.
Interest on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... < a. s e º ºs e º e º e º ºs . . . . . 918.
Lands sold for, when taken possession of by city.......... . . . . . . . . . . . . . . . . . . . . . . 935
Lease, tax, F. evidence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 941
Levy, tax, comptroller to prepare estimate for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 829
what aldermen to include in... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 830
Levying of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212—214
Officers neglecting or refusing to perform duties relating to, penalty for.......... 834
And see RECEIVER OF TAXES ; ARREARS, CLERK OF.
Permits for buildings, etc., to be reported to commissioners of........ • * * e s s a e º e 823
Personal property, taxes on,
unpaid or in arrears, how recovered. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 863
collected by distress and sale. . . . . . . . . . . . . . . . . . . . . . . . e e º ºs e º a tº e º e s tº e º e º e º º tº 853
cost of, included in collection. . . . . . . . . . . . , a e s tº e e s e º e s s dº º e º 'º & e º e º e º º ſº e º º 854
erroneous assessments on, how corrected............ . . . . . . . . . . . . tº e º 'º e º 'º e º dº tº º 820
notice of sheriff, etc., of sale, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 855
surplus of Bales for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 856
when application made to court to enforce payments of tax on. . . . . . . . . . . . . . . 857
collection of, by contempt proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 857
attorney for collection of, appointment of..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
bond to be given by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249
duty of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 860, 862
when court dismiss proceedings to collect......... • e º 'º e s e s e º e s = º e º a s a 6 tº e º sº a º 861.
collected by suit. . . . . . . . . . . . . . . . . . . . . . . . . . . . e e s - * * * * * e º ºs e º e º e º e º º ſº & º º tº de e º º º 863
Preferred lien, taxes a... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 915.
Real and personal property,
ºf of valuation of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 817
when open for examination.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * is sº tº º 817
notice of, by advertisement... . . . . . . . . . . . . . . . . . . . . . . . . . . . . .......... 817
when valuation to be increased or diminished . . . . . . • ſº e º e º s s e it º e º 'º - © & © tº e º ſº e o s - 819.
when not to be increased or diminished...................... 2 m e º e º as a is e s & 819.
decision of commissioners respecting, subject to review. . . . . . © tº s e a tº e º e g º & 821
assessment of, when to commence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e - e s e a e º e s a v 814
valuation of personal property entered in books........ • e s e e a s s e s • * * * * * * * * * * 818.
Real estate,
taxes and interest thereon a lien until paid........ • * * * * * * * * * * * * & e º e s e s e s tº . 915
assessment and charges thereon, until paid, a lien.......................... ... 915,
Croton water rentB and interest thereon, until paid, a lien............. ... ... 915
erroneous assessments for, how corrected................ e s a s e º a ºn tº a tº ......... 820
Receiver of.
See RECEIVER OF TAXISS,
Rebate on, for prompt payment. . . . . . . . . . . . . . . . . . . . . . . . . . . * as tº e s to tº º e º e º 'º ºn a * * * ~ * * 842.
Redemption of lands sold,
notices respecting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 941, 943
publication and service of....................................... ......941, 944
affidavit of service of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . gº e a e s e e s a e s s a e e 945
when to be made. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 943, 947
certificate of failure to redeem...... tº º e º is tº e º 'º º & © tº sº e º e º 'º º sº tº º is a as sº e s ∈ º ºs e º e º is is º º a 946.
INDEX. 89
Section.
TAXES-Continued.
Redemption of lands sold,
interest allowed purchaser................ ...................... tº e º e º 'º' ...... 948
when pieces or parcels of, may be redeemed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
mortgagees, right of, to redeem............. ................ . . . . . . . . . . . . . . .986–940
Temission and reduction of taxes,
majority vote of commissioners required for....... .............. . . . . . . . . . . . . 8%
how remitted, canceled or reduced................... e - e º e º 'º e & © e e s tº e º & .....820, 822
when paid before November first..... º º e º 'º e º e º e º e e º 'º e º e º e º e º e º e s tº e º 'º e ..... 842
Rolls,
to be transmitted to aldermen.......................... e e º e º 'º e º e º ºr º e º 'º w e s a 828
general duties of aldermen respecting ........................... .....828, 831, 832
when assesment rolls to be delivered to receiver of taxes............... . . . . .831, 833
warrant attached to.......... º ºr e º 'º º e º ſº tº e º e º f tº e º 'º - & e º º ºs e e º e º e º ºs e e º 'º º e º e º 'º º' 831, 833
in custody of president of aldermen..... * * g e º e º e º ºs e º ſº º e e º e º e º ºs e s e º e e ....... 831
extending taxes on.......... e ‘º e º 'º - e > * > * * * * • e º e º 'º e º 'º - e e º e º e º e s s gº e º e º a tº e > * * * * 831
adding water rents to.......... o e < * * ~ e º 'º • e e º e º e º e º e e º e s is e e e º 'º e º e º e º ºs e <> ..... 831
non-residents, real property on..... e e e º dº º sº º ºs e e º s e º e s e e - © e º 'º 6 tº e º gº gº is © & © tº º . . . . . 832
valuations on, by wards.............. * @ e º º e º gº tº tº e º e * * * * g e º e s is © e º sº e º e s a • e < * * * 832
payments to be entered in............ & e º 'º gº tº e e º e º is tº a e e e º 'º e º e s tº e º 'º a sº e º 'º e º sº e º s 850
names to be stricken from.......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 861
water rents added to.............................. . . . . . . . . . $ tº dº e º 'º e s tº º e ... . 923
arrears added to.................. e ‘º e º e e s sº e º e © e º e º º e ºs e º º ºs º º ſº e s tº e s e e º & © tº 6 º' 924, 925.
sales added to......... tº e º ºs e > e e º e º e e º 4 e s a e e s e e s e º e o - e. e. e. e. e. e º e s s e º e º 'º e º 'º e º º º 924, 925
assessments added to.................. . . . . . . . . . . . . . e e e º e e º e e s e e s ∈ G e º a tº . .... 924
Sale of lands and tenements for taxes, -
for non-payment of taxes, assessments and water rents ......... tº e º e º ºs e e º e º º 926
comptroller to publish notice of confirmation of assessment. ... .............. º
notice, manner and condition of sale. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 926, 927, 941
notice to owners, lessees and others of lands sold...................... 936, 937, 941
mortgagees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 936,
contents of notice....................... e e º e s e e s > * * * * * * * * * * * * * * * * * * * * * . . . . . 937
certificate to be delivered to purchaser .......... e e e s e s a e e s e º e s e s e e º e º e s • * * * * 926
what to contain... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 926
registration of...... e e s e º ºs e º 'º a e º e s = e e s a tº e e e º 'º e º e ºs e e s is a e º is e e º e º 'º - e s - e < * * 950
conveyance of, to purchaser by lease............... . . . . . . . . . . . . . . . . . . . . . . . . . 941
fees for lease. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 941
terms and conditions of........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 941
rights thereunder................. & e º ºs e º ſe e º 'º tº e º 'º - tº e º & © tº º ºs & ſº e º & © tº º º & © tº tº º 941
sales, made by clerk of arrears............................. © e º e º e º e º e º ºs e º 'º 926, 929.
postponement of..... tº a e º ºs e º e s e e º e a e s ∈ e º e = * * * * * * * * * * * e º e º 'º e º e º & ... . .926, 928
record of... . . . . . . . . . . . . . . . . . . . . . . . . . . e e s e e e s e º e º e s a s e e s e e s e e º e s e o e º a º º 953
houses and lots contiguous belonging to same owner advertised as one parcel. 927.
city may purchase in absence of bidders............................ . . . . . . . . 931
when and how assigned. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 932
when lands conveyed occupied, notice respecting.......... . . . . . . . . . . . . . . . . . . 943.
how served. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 944
proof of service of, filed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 945
comptroller to certify service................ . . . . . . . . . . . . . . . . . . . . . . . . . . . 946
proceedings relating to....... tº e º ºs e º ºs e e e º e º e º 'º - e. e. e. e º 'º e º 'º e s & e º 'º e º 'º - e º 'º º º & 945
redemption of..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • tº e º te e º ºs & 934, 940, 941, 947–949.
affidavits respecting publication of notices preserved by clerk of arrears....... 954
And see SALES.
unpaid, reported by receiver of taxes............ º e a e e e a sº e e s is is a º e º e º sº e º sº e º 'º e 922
receiver to publish notice of...... ......... * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 845.
interest to be charged after sixty days................ . . . . . . . . . . • * e º e º 'º a º e º & 917
TAXES AND ASSESSMENTS; DEPARTMENT OF:
One of the departments of the corporation.... ........................... © º e º e º & 34
Head of, to consist of a president and two commissioners............... ......... 43.
President of, member board of estimate and apportionment. . . . . . . . . . • * * * * * * * * * * * 189
one of the commissioners of accounts............... . . . . . . . . . . . . . . . . . . . . . . . . 110
salary of . . . . . . . . . . . . . . . . . © e º 'º º e & © º e º ſº tº º ºs e º – e e s e e º 'º e º ºs e e º e a e s ∈ e º e º 'º º sº e º a tº e - 52
Commissioners of,
general powers and duties of.... . . . . . . . . . . . . . . . . . . . . . . . . . tº e s sº sº e º e s w e & ſº ...... 812
salary of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e e º e º e º e º º e º e º e s s a s e º e s e º e º e º e º 'º 52
terms of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . e e e a e g º e s = e s e º e º e º º tº e e s e e º e º a e º 'º e 43
when to strike names from rolls........... . e e s e º e º e s sº e s a e º e s a e º 'º e s e º 'º e º e º 'º 861
to assist commissioner of jurors . . . . . . . . . . . . . . . . . . . . . . . e e s e s e e e s e a e o e e s ∈ e o e s 1665.
Deputy tax commissioners,
number and appointment of........................ . . . . . . . . . . . e e s e s e e º 'º e º e º S13
general powers and duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... ... 814
to give information to assessors..... ............... e e s tº e º 'º e º e º 'º e º e º 'º e e e º 'º e & 869.
Surveyor, -
apportionment of, and duties............. e e e a e º 'º e s e e º e º e s is e º a tº e º & © e º e º 'º e º 'º º 815
new surveys, maps, etc., for, prepared under authority of aldermen........... 816
Assessors, board of
appointment of, and oath of office.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . & e º e º e 865
powers and duties of....... e e º e º e º 'º - º ºs e s s a e º ºs e s e º 'º - e º e - * - e º e º e º e º 'º e º 'º .....865, 866.
‘90 INDEX.
Section.
TAXES AND ASSESSMENTS, DEPARTMENT OF-Continued.
Twenty-third and twenty-fourth wards,
maps of, to be made for department of taxes and assessments................ 816
maps and surveys of, to be made............. - e s a s a e e s s a e º e º e º v e a e s tº * * * * * * * ... 816
assessment for improvement of property in . . . . . . . . . . . . . . . . . . . . . e e s tº e º 'º e g º ºs ... 920
TELEGRAPH COMPANIES :
Persons designated by, may be appointed policemem. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 314
Qualifications, uniform. and pay of persons so appointed. . . . . . . . . . . . . . . . . . . . . . . . . 314
TELEGRAPH LJNES :
Of fire department. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 429
For use of police. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 255
‘TENEMENT AND LODGING HOUSES :
Definition of............... • * * * * * * * * * g e s tº e a se s m e º a s a e º 'º e º s tº º tº s is s e º a s e s ∈ ºn e º is tº e º 'º º
Ventilation windows. . . . . . . . . . . . . . . . . . . . . . . . . . . . .". . . . . . . . . . . . . . . . . . . . . . . . . . . . . 650, 654
Fire escapes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Roofs to be kept in repair. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 652
Stairs, banisters and railings......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 652
Water closets or privies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 653, 654
Cesspools, when allowed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 653
Yard connected with street or sewer gutter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 653
Cellars not occupied as dwellings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 654.
Proviso . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 654
floors of, cemented. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 663
definition of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... • * * * * * * * * * * e s tº e º sº e º e º 'º e º e º 'º - 666
‘Garbage boxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 656
Not to be used for storage.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 656
Horses, cows, etc., not to be kept in... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 656
To be kept clean. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 657
Owner's and agent's names posted in............................................ 657
Board of health, officers of, to have access to...... e e s a e s e e s a e s s & a • * s s e º 'º e º e s is w a dº 658
Sick in to be reported. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 658
Infected, when to be vacated. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 659
Out of repair, to be vacated.......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 659
Spaces between, on same lot... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 661
Occupation of lot by, limited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 661
Rooms, height of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ."... • - - - - - - - - - - - - - - - - - - - 662 .
special ventilation in certain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... • - - - - - - - - - - - - - 662
sleeping, windows in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 650–662
Windows . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 650, 662
Chimneys. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 663
Ashes and rubbish, receptacles for... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 663
Water to be furnished... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 663
Penalties for violating laws relative to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 665
Modification of laws relative to... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 667
Overcrowding in. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * * * * * * * > tº t e º & © tº 664
Janitors in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 664
Fund, to be annually appropriated for .............. . . . . . . . . . . . . . . . . . . . . . . . . . 194, 665
Detail of police for enforcement of provisions relating to . . . . . . . . . . . . .......... ... 296
TENEMENT-HOUSE FUND :
Annual appropriation for. . . . . . . . . . . . . . . . . . . . . . • e g g º e º e º ºs e º e s is s e s - a s s e º 'º º is e º a º & 194
Penalties paid over to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 665
TESTIMONY :
Taken de bene in offenses against non-residents................................ ... 1467
Of non-resident witnesses taken de bene.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1468
De bene in emigrant cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2057, 2065
THEATERS AND PLACES OF AMUSEMENT:
To be regulated by ordinance............... tº e º e e º e º e º e º ºr º ºs e e s e º us e º e s sº tº e º & tº e º & tº & 86
Injunction may be obtained against, for opening without license................. 2005
Charitable and religious exhibitions excepted from laws relating to . . . . . . . . . . . . . . 2006
Certain societies excepted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2006
Children under fourteen years not admitted to.............. . . . . . . . . . . . . . . . . . ... 2009
exception. . . . . . . . . . . . . . . . . . . . . . © as s a s = e º e s tº e s a e s a s e e g º e º e º s & e º e º s = e º e º 'º a s e º & 2009
penalty for violating provisions relating to... . . . . . . . . . . . . . . . . . . . . s e s tº º v as e e ... 2009
fines collected paid Society for Juvenile Delinquents..................... 2009
Licenses for, granted by mayor...................................... . . . . . . . 1998, 1999
forfeiture of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * • * * * * * * * * * * g e º e º e s tº 2007, 2011
revocation of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2002
police arrest violators. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * * * * * * * * * * . 2003
penalty for not obtaining. . . . . . . . . . . . . . . . . . . . , sº e s e e s is a tº e s e º e s tº * * * * * * * * * is e º 'º º 1999
by whom sued for....................... . . . . . . . . * c e s a t e º a s a e s a s a s s a s º º 1999
to whom fee for, paid... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • a s s s a e s a s a e s s º f * * * 2001
may be granted for less than a year.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2000
conditions and fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e e s e a e e a s a e = e a s = • e s e e º 'º 2000
Not to be opened for performances on Sunday..................... ........... ... 2007
Masquerades prohibited in...................................................... 2008
penalty for violating law relative to... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2003
Liquors not to be sold in
INDEX. 91
Section.
THEATERS AND PLACES OF AMUSEMENT—Continued.
Female waiters not employed in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2010
penalty for violation........ .e. s • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * s • * ~ * * * * * * * * * 2012
Protection against fire in.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 454
TICKET OFFICES : ſº
For emigrants....... * c e s e º is g º ºs e g º e g º ºr g º e º 'º - e º e º º ºs º º is tº de & sº s º is tº dº º & e is tº e º ºs º is ſº e º ºs e e ſº 2052
To be licensed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2052
Rates to be posted in . . . . . . . . . . . . . . . . . . . 2 * * * is e e s ∈ e º e s e º e º sº e < * * * * * * * * * * * * * * * * * * * 2052
"TICKETS :
To emigrants sold only at designated places. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2056
For emigrants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2051–2060
Issued to emigrants, what to state. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2052–2060
To emigrants, rates of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * g e º e º ºs º º 2053
“TTRACKS OF RAILROADS :
Salt on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1938
Processions on.... . . . . . . . . e g º ºr dº tº gº º º e º ſº e º is ſº e º ºs º gº º ſº, º is tº * * * * * * * e º 'º e º is is º $ tº e º º sº tº º $ tº gº & 1939
TRANSFER OF APPROPRIATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204
TRANSCRIPTS, fees of county clerk for filing....................................... 1735
TREASUR.ER, .
Boards may choose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
of Westchester county, sales for taxes by. . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº gº tº e º 'º e g º tº º 930
"TRIAI, ;
Notice of, only one needed..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1084
Place of, on indictment for nuisance . . . . . . . . . . . . . . . . 2 * g e s tº e º 'º º º • e º sº se tº e g º sº is s & 6 s is tº 1441
Notice of, in marine court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1240
"TRUST COMPANIES :
For deposit of city moneys, how designated. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
To pay interest om daily balances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
TURPENTINE, quantity stored..................................... . . . . . . . . . . . . . . . . 456
TWENTY-FOURTH WAT&D, water supply in.......... . . . . . . . . . . . . . . . . . . . . . . . . . . . 351
A rºd see TWENTY-THIRD AND TWENTY-FOURTEI WARDS.
TWENTY-TIIIRD AND TWENTY-FOURTH WARDS:
Maps of territory in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 679
Provision for cost of making maps of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197
Stock issued on account of streets, etc., in. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... 140
Streets, etc., in, under control of department of parks. . . . . . . . . . . . . . . . . . . . . . . . . . 671-674
acquiring lands for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 677
Certificates of lands sold for taxes in.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 933
Assessments for change of grades in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 874
Laying out streets, etc., in . . . . . . . . . . . . . . . . . a º e º sº e º 'º e º 'º sº e º e º a e º ºs e º ºs e º a s a tº as e º 'º 957
Plans for bridges and tunnels in..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 957
Acquiring title to lands in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 958
Streets, etc., in, remain under park department............... . . . . . . . . . . . . . . . . . . 969
TJNCLAIMED LANDS, city to take... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 935
(UNDERTAKERS :
Names and residences of persons buried by, to be reported to public administrator. 246
penalty for failing to report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . = º 'º e º e º 'º e º tº 246
(UNDERTAKINGS, by corporation in legal proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248
UNIEXPEND ISD BALANCES :
Weekly statement of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * - - - - - 123
Transfer of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207
(UNION AID SOCIETY, LADIES', property exempt from taxation..... . . . . . . . . . . . . 824
UNION HOME AND SCHOOL, per capita allowance to............................ 194
|UNITED STATES :
May lay water-pipes, etc., to Governor's Island. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 754.
Buoys placed by, mooring to, prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 755
Harlem river improvement, land for, to be ceded to . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183, 894
Post office site, land adjoining, to be conveyed to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185
Jurisdiction ceded to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1633
(UNSAFE BUILDINGS :
URINALs:
Erection of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 347
Maintenance of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 347
92 INDEX.
W.
Section.
WACATING ASSESSMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * e º is 897–905.
VACANCIES : *
In city offices, how filled.................................... * * * e s = e º e º sº e º e º 'º º 'º º 106 .
* In office of register. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1788 .
V ACCINATION :
See IIEALTH, DEPARTMENT OF.
WAGRANTS :
When to be committed on own request. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 412
Committed as inebriates, may be detained at labor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 413
Who are. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1464
Committal of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º we s tº 1465, 1499
To be examined. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1465
Where record of, filed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1563,
Term of imprisonment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1465
How discharged. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1564
When discharged: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 414
Lodgings provided for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 258 .
Children, committal of, as........... * * * * * is e º e º ºs º is tº gº ºn tº # e. e º is tº e g º a tº º ºs e º is ſº tº dº e º 'º & 1594–1632
And see CIIARITIES AND CORRECTION, DEPARTMENT OF.
WAGR, ANCY :
Record of commitment, to be filed.............................................. 1563
form of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1563.
How those committed for, discharged........................................... 1564
VALUATION, for taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 818–820,
VALUATIONS, certificates of, transmitted to state comptroller...................... . 832
VAULTS cisterns, etc., to be regulated by ordinance............. . . . . . . . . . . . . . . . . . . . . 86.
VETO OF MAYOR. ......................................... dº e g º ºs e º e s tº it tº e º e º sº e º ºs º º 75
WESSELS :
Masters of, to give correct information to pilots....... • e s a e s e e s is e s tº s tº e s e º e º $ tº e s º º 2111
Certain passengers maintained at expense of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2064
Owners, masters, etc., of, to provide for sick persons.... . . . . . . . . . . . . . . . . . . . . . . . . 2064
Masters of, to report certain passengers................. . . . . . . . . . . . . . . . . . . . . . . . . 2064
Actions by and against masters and owners of, in marine court. . . . . . . . . . . . . . . . . . . 1210
During fogs, rules for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 758
To be boarded only by consent. ...................... . . . . . . . . . . . . . . . . . . . . . . . . . . 2069.
Runners not allowed on.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2035, 2039
Where to land emigrants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2032, 2033.
Regulations concerning fire and lights on... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 460
exceptions. . . . . . . . . . . . . . . . . . . . . e s tº a s as a e º 'º e º e º e < e < e < e s e s sº e º s e e s e s tº e s sº tº e º is sº º 460.
penalties for violating. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 467
When to be removed by dock department. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 723
by health department... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 542
Sickness on, to be reported.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 612
penalty for omission. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 628.
When emigrants detained on............................ . . . . . . . . . tº e º is s = e º 'º e s is & 2064.
Iron, lead, etc., how unloaded from. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 783
Certain piers set apart for regular lines of... . . . . . . . . . . . . . . . . . . . . tº dº e s e & 786–788, 793–796.
Regulations for discharge of loose material from... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 782
At anchor in might time, lights on.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 755
penalty for violation....... • * * * * * * * * * e s e º sº s e º e a e s e º e s º " e s = e s e º s s e º s s s is e e º 'º º 755.
Not to moor to buoys. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 756
And see IIARBORS ; PIERS ; WHARFAGE.
VICE, ordinances for suppression of may be enacted.......... tº e º ºs e º e º ºs e º º e s g º e a g º e º 'º a º S6.
VICTUALING HOUSES, board of aldermen may provide for regulation and licensing of 86
VOTES, canvass of, to be published as supplement to “City Record ”... . . . . . . . . . . . . . . 67, 68.
Price of supplement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
And ser, ICLECTIONS.
WOUCHERS for payments from treasury...... ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123, 164
º | *
WAGES, may be paid on pay-rolls. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º is ſº tº 123.
WALL STREET, elevated railroads forbidden in..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1944
WARDS :
Boundaries of...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2–25.
Twenty-third and twenty-fourth.
See TWENTY-TEIIRD AND TWENTY-FOURTII WAIRDS.
WARDEN OF PRISON, to pay over fines with sworn returns...... . . . . . . . . . . . . . . . . . T553
WARRANTS :
Drawn on treasury, how signed, counterSigned and paid............. tº e º ºs e º & © e º 'º 123, 164
For unpaid personal taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº a s e º tº ºi º & 853, 854
INDIEX. 93
Section.
WASHINGTON SQUARE :
To be preserved as a park. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº a º e º 'º e e º ºs e º & 685
Street through, under charge of department of public works. . . . . . . . . . . . . . . . . . . . . 318
TWATERS, gas, tar, and refuse not to be thrown in............ e e º ºs e º e º e º ſº e º e º 'º º is ..... 751
47vºl see HAIRBOR.
"WATERS OF THE BAY, jurisdiction over..................... sº e º 'º e s e º e º ºs º ºs º º . . . . . 1441
WATER PIPES, to Governor's Island. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º e º 'º e º e º s tº e ºs 754
WATER PURVEYOR, chief of bureau in department of public works. . . . . . . . . . . . . ... 317
WATER REGISTER, chief of bureau in department of public works...... • e º e º ſº e º ºs 317
‘WATER RENTS:
Rate of interest charged on, unpaid. . . . . . . . . . . . e e s is e e º is e º e º e º e º e º e º gº e º e º e < * * * * * . 918
Lien on property until paid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e g º me e º gº tº tº º dº e > * 915, 923
how removed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 951
List of unpaid, to be prepared. . . . . . . . sº e s e º e º e s e s e e s is e s e s e e s a w = e s s a e s is e º 'º 4 º e e e s & 921
sent to clerk of arrears. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 921
Unpaid, reported by receiver of taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 922
added to tax-rolls. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º sº e º 'º e º º tº 923
Bureau for collection of arrears of... . . . . . . . . tº º e º is s º 'º dº º ºs º º o º e s is e e º e º e * tº e º is tº º º º ſº . 125
Sales for.
See SALES.
‘WATER, SUPPLY:
Duties and powers of department of public works as to procuring and dis.
tributing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e s sº e º e e s º e º e º ºs e º ſº e º º is e º is . 384, 350
Rents, establishment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... 350
when subject to additional charge for non-payment. . . . . . . . . . . . . . . . . . . . * * g º sº º 351
Twenty-fourth ward, supply of... . . . . . . . . tº e º ºs º ºs º ºs º ºs e g º ºs º º º º * * * * * * * * * . . . . . . . . . . . 351
Meters, where to be placed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º 'º s º ..... 352
Patent hydrants, etc., use of... . . . . . . . . . . . . . . . . . . . . • * * * * * * g º e º 'º e º 'º e s sº e º e º ºs e e º º 354
Notice on permits, to authorize exaction of ponalties. . . . . . . . . . . . . . . . . . . . . . . . . . . . 355
Extending and º distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . & e º e º 'º ... 356
amount which may be annually expended therefor... . . . . . . . . . . . . . . . . . . ... ... 356
Croton lake and waters, care of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 357
no offensive matter to be thrown or deposited in . . . . . . . . . . . . . . . . . . . ... . . . . ... 362
aqueduct and works, inspection and repairs. . . . . . . . . . . . . . . . . . . . tº e º 'º e º 'º e º e º e º 357
Lands in Westchester county for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 358
fences upon, erection and maintenance of........ • * * * * * * * * s = e º is e s e s tº e e s sº e e º º 359
Reservoir in South East, roads around to be repaired and maintained..... tº e º ſº ſº tº º tº 360
Ilands for reservoirs, etc., where and how taxed...... . . . . . . . . . . . . . . . . . . . gº & e º is º gº 361.
Injury to water-works, etc., a misdemeanor. . . . . * * g º e º e º ºs e < e e º ºs e º 'º e º 'º e s tº * * * * * * * * * 363
Lands for, and water-rights, title to, acquired by commissioner of public works
for corporation..... e s tº g º ºs e e º 'º e is e º ºs e º e e º ºs e º e º ºs e º 'º e º 'º e º 'º e º 'º e º a c e º 'º e º & © .... 364
surveys of, to be made . . . . . . . . . . . . . . . . & e º e s e e º e e is a gº ºn tº as e º ºs e º 'º e º e º 'º e º ºs e º s e º & 365
in case of dispute, title to be acquired by special proceedings.......... ... . . 366
Proceedings for acquiring title to lands for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .367, 373
appointment . commissioners. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e gº e º 'º us g º º ºs e º º 368
duties of commissioner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 369
in case of defective title . . . . . . . . . . . . . . . . . . . . . . . . . . tº s e º e º ºn s is a s gº ºn tº e º 'º e º gº º sº tº ... 374
when land is vested in person not competent to act. . . . . . . . . . . . . . . . • * * * * * * * * * * 376
in case of land already taken. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 377
Commissioners of land office empowered to convey state lands. . . . . . . . . . . . . . . . . . . . 375
Damages for land acquired, right to trial by jury for, not abrogated. . . . . . . . . . . . . . 378
"Term “real estate’’ construed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº se tº e º sº gº tº e . 379
Reservoirs, dams, etc., construction of, to prevent waste. . . . . . . . . . . . . . . . . . . . . . . . . 380
Reservation of certain rights in waters acquired. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 380
Commissioners for acquiring lands, how may act in case of several claims....... .381, 382
Actions on account of lands, when to be brought... . . . . . tº e º e º 'º e e º e º e s tº e º e º ºs e º e 383
pleadings, etc., in, how amended. . . . . . . . . . . . . . tº e º e º e º ºs e º e º is e c is e s tº e º g º 'º e º 'º º & 383
Right to use of land under highway for . . . . . . . . . . . . . . . . . . . . . . . tº º e º ºs e e º e º e º e º 'º º e . 384
Annual appropriation for extending distribution of... . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
Real estate acquired for, how paid for . . . . . . . . . . . . . . tº º & © & Q & e e º & © tº ſº tº º º ºs e º 'º º se º, º gº tº ſº tº 141
Construction of works for, how paid for.......... ... . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
WATER-WORKS, may be protected by ordinance............. tº e º gº º ºs e º 'º # * * ... .86 (sub. 37)
WEIGHTS AND MEASURES :
Ordinances in relation to, may be passed. . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . .86 (sub. 21)
Inspectors and sealers of, to be nominated by mayor....... tº º gº tº dº º º º ºs º gº º e º ºs º e º 'º º º º 06
number of . . . . . . . . . . . . . . . . . . . . tº ºs e º ºs e e º º tº e º 'º a º e s e º e º it e º 'º º tº e º e º º . . . . . . . . . . . 106
may be regulated by ordinance........ . . . . . . . . . . . tº e s e º º ºs e º e º e º 'º e º te º 'º e º e º e º e 8?
WELLS AND PUMPS, making of, and expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 884
WESTCHESTER, COUNTY:
Lands in, acquired for water supply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . §§
fences upon, erection and mintenance of......... . . . . . . . . . . . . . . . . . . . . . . . . . . 859
Certificates of lands sold for taxes in................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . 933
94 INDEX.
Section.
WHARE'AGE :
Rates of, for vessels generally.............. • * * * * * * * * * * tº e º ſº tº e º e º 'º tº & tº e º e º ſº º ºs e g º º º 798
for oyster boats. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 790,
for canal boats. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 800
for boats freighting brick. . . . . . . tº e º is e º e º ſº º tº * * * g º º º ſº tº e º ſº tº we º 'º e º is tº dº º º º tº # * * g º º ſº S00.
for goods remaining on pier. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 801
Bills for, law to be printed on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 802
When to be regulated by dock department. . . . . . . . . . . ., - - - - - - - - - - - - - - - - - - - - - - - - - - 716.
WFIARF PROPERTY :
See Docks, DEPARTMENT OF, and IIARBOR.
WIIARVES :
Designated for steamboats......... . . . . . . . . . . . . . . © e º e g º e º e º e º ºs º º e º ºs e e º e s gº tº 716, 793, 772
for canal boats. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . © tº g º ºs º ºs e º e º a tº e º º 786, 789
for certain vessels. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 786,
Derricks erected on . . . . . . . . . . . . . . . . * * * * * e s e º e º is tº s tº dº e º e º te e º e & © e º e º & gº tº e º ºs e s tº $ $ tº $ 790
Kept clean. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 775, 776, 784
And see DOCKs, DEPARTMENT OF, and IIARBOR,
WIDENING STREETS :
See STREETs, etc., opLNING OF.
WILLS :
May be deposited with register. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1578, 1760
to whom delivered. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1761
WINDOWS, penalties for injuring . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1953–1956
WITNESSES :
Examined de bene in offenses against non-residents.......... . . . . . . . . . . . . . . . . . . . 1467
Non-residents examined de bene. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1468
House of detention for . . . . . . . . . . . . . * * * * s a 6 s is a s s e e s is s a e e s a s = e s s = e e s e is a e s is e s e e s is e 253
In emigrant cases, examined de bene. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2057, 2063.
Committed in default of bail, where sent........... © e s tº a º e º e s tº s is e º ºs e º e º º ºs e º is tº e º a 253
WOMAN'S LIBRARY, exempt from taxation....................................... 824
WORDS :
Meaning and construction of certain,
Cellal'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 666.
city hall. . . . . . . . . . . . . . . gº e º e s is a e s = e s is s = e s s e e º 'º e s is e s e e s s e e º e º s e s e s a s s e e s e e s a e 1073
election. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1928.
graduates of pharmacy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2017
in provisions relating to district courts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1437
licentiates in pharmacy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2017
lodging-house. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 666.
nuisance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 636.
place, matter or thing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 600
POOT - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21()
port and harbor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 761
port of New York. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ſº tº e º e º & e º 'º º º 803
real estate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 379,
tenement-house. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 666
Vagrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1464
wharf property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 724
WORIK, when ordered by three-fourths vote. . . . . . . . . . . . . . . . . . . * e º 'º & & B # * e s e º te e e º ºs © tº gº tº & 64
WORK AND SUPPLIES FOR CORPORATION:
Involving expenditure of one thousand dollars, to be done and furnished by
contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
WORK-HOUSE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... .398-402
And see CſIARITIES AND CORRECTION, DEPARTMENT OF.
WORKING WOMEN'S SUITS, costs in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1424
Execution on judment in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº tº e s m is 1405.
Y.
YARDS, CELLARS, etc., filling up and draining................ . . . . . . . . . . . . . . . . . . . . 561,
YOUNG MEN'S CHRISTIAN ASSOCIATION, exemption from taxation.......... . 824.
Z.
ZOOLOGICAL GARDEN IN PARIC:
Establishment and maintenance of...... tº º e º dº º ºs e º 'º tº e e s e is e e º e s tº tº e º 'º gº ºn tº © tº c e º º º a º ºs e 694
Admission to . . . . . . . . . . . . . . . . . . . . . . . . . . & sº e º gº tº dº e e tº e º 'º e º & & © g º º ſº tº dº e º 'º © º e º O ſº e º º ſº tº º & 695,
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