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 REPORT 
 
 OF THE 
 
 New York Charter Commission 
 
 LEGISLATURE 
 J909 
 
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REPORT 
 
 New York Charter Commission 
 
 LEGISLATURE 
 
 1909 
 

 " \ 
 
State of New York 
 
 Executive Chamber 
 
 Albany 
 
 March 29, 1909 . 
 
 Professor Williaiii rarey Jones, 
 2625 Penvenue Avenue, 
 
 Berkeley, Cal . 
 Lear Sir: 
 
 Governor Hughes directs rne to acknov/ledge 
 the receipt of your letter of the 23rd instrnt . I 
 am sending you under separate cover a copy of the report 
 of the Charter Revision CoiriTriiasicn, in accordance 7?ith 
 your request . 
 
 Very truly yours, 
 
 ttu^^wV 
 
 S^. ^ 
 
 Secretary to the Governor 
 
REPORT OF 
 
 THE NEW YORK CHARTER COMMISSION, 
 
 Dated March 8, 1909. 
 
 To the Legislature: 
 
 The Charier lu'vision Commission of 1907 made its report to 
 the Governor on December 1 of that year. The report pointed 
 out the confused condition of the law affeeting the city, analyzed 
 the city government, and recommended various amendments. 
 
 On April 13, 1908, the legislature passed an act providing 
 for the creation of a new commission to be known as "The 
 N'ew York Charter Commission," to be appointed by the Governor 
 and to consist of fifteen persons to serve without compensation. 
 The act defines the duties of the Commission in the following lan- 
 guage : " * * * to inquire into the local government of the 
 city of Xew York and the counties contained therein with power 
 to investigate the manner of conducting and transacting business 
 in the several departments, boards and offices thereof, the effect and 
 working of the charter of Greater ]N'ew York and the acts amenda- 
 tory thereof, and supplementary thereto, and of any and all other 
 acts relating to said city, and to suggest such legislation as it may 
 deem advisable with respect thereto. Said Commission may in 
 its discretion draft and submit with its final report a new charter 
 and an administrative code for the city." 
 
 The Governor, on April 21, 1908, appointed the Commission, 
 eight of the apix>intees having been members of the Charter 
 Revision Commission of 1907. 
 
 The Commission organized on the 27th day of April, 1908, and 
 at once took up for consideration the present condition of the city 
 government in connection with the report of the Commission of 
 1907. Some time was necessarily consumed in study of that re- 
 port by the members of the present Commission who had not 
 sefrveel upon the former one. After thorough consideration the 
 Commission has determined, besides reporting its conclusions and 
 recommendations, to present a draft of a charter and of an admin- 
 istrative code, the former of which accompanies this report, the 
 latter of w^hich is in course of preparation and will be submitted 
 at a later date. The two may, we believe, be advantageously made 
 complementary parts of a single statute. 
 
 M23699 
 
In order to facilitate its work, the Commission wa's divided into 
 sub-committees to each of which was referred the duty of investi- 
 gating and reporting upon the manner of conducting and 
 transacting business in the departments referred to it. Through- 
 out the summer the chairman or other members of the sub-com- 
 mittees pursued their work and this preliminary task was carried 
 on unremittingly until in September it had progressed to a point 
 which permitted the Committee on Draft to begin the preparation 
 of the charter, chapter by chapter. From October 1, 1908, until 
 the date of the report that Committee met every night with the 
 exception of Saturdays, Sundays and holidays, and the evenings 
 on which the full Commission was convened, and has repeatedly 
 held sessions during the daytime. 
 
 In the preparation of each individual chapter and title the 
 Committee on Draft in every instance through one of its own 
 members or one of the other sub-committees, carefully investi- 
 gated the actual operations of each department and bureau, and 
 considered the statutory provisions applicable thereto with such 
 officers and employees as were believed to be best qualified to 
 explain the prevailing practice and illustrate the actual adminis- 
 trative interpretation of the charter. It was also sought to dis- 
 cover how far actual organization conformed to the letter of the 
 law, how far the practice was the result of administrative inter- 
 pretation, and to what extent it was a spontaneous development. 
 Particular care was exercised to ascertain how far administrative 
 practice reflects the law as well as the degree to which the depart- 
 ments had found it necessary to disregard the statute because 
 either of difficulty in its application or of the obsoleteness or un- 
 intelligibility of its provisions. 
 
 The various committee investigations, although long and te- 
 dious, were absolutely necessary if the law and the facts were 
 to be made to correspond, and the law were to be relieved of 
 obsolete, unintelligible and systematically disregarded provisions. 
 A particularly long and precise investigation was required con- 
 cerning the operations of the finance department, the sinking 
 funds, the dock department, the police department, the health de- 
 partment, the charities department, the department of education, 
 the department of taxes, the borough presidents and the board of 
 assessors, and much time was necessarily spent in investigations 
 of provisions of the existing charter dealing with the city's bonds 
 and obligations, particularly assessment bonds, revenue bonds, 
 special revenue bonds, and general fund bonds. 
 
Inasmuch as the Commission vras charged with the investigation 
 of the effect and working of the charter, and all other acts relating 
 to the city and was empowered to report such legislation as it 
 might deem advisable in the premises, it became a matter of 
 primary importance to consider constitutional limitations upon 
 the city's borrowing capacity. The Commission through a sub- 
 committee made as exhaustive a study of the subject as was pos- 
 sible within the time and means at its disposal, and copies of its 
 two reports to the Governor in relation to the subject are hereto 
 annexed. There is also inserted in the proposed charter a section 
 providing so far as the legislature may,. a method for calculating 
 the borrowing capacity of the city, the application of which, in 
 the judgment of a majority of the Commission, should render it 
 impossible for the city to find itself again in the position in which 
 it now is — viz., without any other standard for the determina- 
 tion of its ■debt-incurring power than the fluctuating opinions of 
 the administration for the time being. If the legislature have the 
 power to provide such a method, the entire Commission concurs 
 in the wisdom of formulating a rule which, by requiring stated 
 reports by the board of estimate and apportionment, may serve as 
 a partial restraint upon the inclination to reckless expenditure. 
 
 The legislative authorization to report a charter and an adminis-. 
 trative code the Commission interprets as an authorization to re- 
 port a charter new in form with such substantive changes as it 
 deems necessary to render government economical and efficient. 
 Hence the effort of the Commission has been to conform law with 
 wise administrative practice; to eliminate the purely obsolete; to 
 clarify the text ; to harmonize the law with administrative inter- 
 pretation ; to efface the redundant and establish coherence. It has 
 sought to follow the lines of the historical development of the ex- 
 isting charter, with due consideration for the actual experience 
 in charter history of other American cities with similar pntblems; 
 to make no radical or purely experimental changes; to preserve ex- 
 isting phraseology where it was clear or had received a definite 
 meaning from the courts; to bring all matter relating to the samo 
 subject under one title; to correlate and coordinate different de- 
 partments and bureaus, and, so far as practicable in the time at 
 its command, to substitute order and symmetry for the present 
 confusion and cross division of powers and duties and to give the 
 law, in a word, an intelligible, logical form. One pnrpose has 
 been to eliminate from the charter much general statutory law 
 which is found both in the charter and in the revised statutes. 
 
6 
 
 The magnitude of this entire undertaking will be apj)r€ciated by 
 careful study and analysis of the Commission's work, in tracing 
 to their several origins numerous provisions of the existing 
 charter, in correlating diverse sections referring to the same sub- 
 ject-matter, and in formulating the results in simple yet compre- 
 hensive language. 
 
 The proposed charter contains all provisions which touch upon 
 the corporate powers, rights and franchises of the city, the city's 
 obligations and the sinking funds established for their protec- 
 tion, and all substantive law of a constitutional character relat- 
 ing to the organization of the municipality as a self-governing com- 
 munity, and as the representative of the state in the administration 
 of general law within the municipal jurisdiction. The funda- 
 mental changes are comparatively few, and will readily be appre- 
 hended. The chief value of the Commission's work and the feature 
 of it which has required the most time and care is its attempt to 
 give intelligible and coherent shape to the entire charter and to 
 separate the organic or structural matters of city government from 
 adjective or administrative details. In making this separation it 
 has been actuated by the desire to formulate a charter of a perma- 
 nent or abiding nature, for it recognizes that the administrative 
 code will doubtless require frequent amendment, either for the 
 adoption of improved methods or in response to successful adminis- 
 trative practice. The code in the nature of things should be a 
 more fluid body of law, susceptible of change and evolution with- 
 out change or alteration of the charter proper. The advantage 
 of this dual statute will, we think, be at once apparent to the legis- 
 lature and the people. The charter can and should be placed in 
 all hands and will be readily comprehended. The administrative 
 code, not being of such fundamental importance, bears a closer 
 resemblance, for instance, to the ordinances of the Council, and be- 
 longs in a somewhat larger way to that body of adjective law which 
 includes local ordinances and regulations. It is, therefore, not of 
 such general interest or fundamental importance as the charter, 
 but is of special and particular interest as the embodiment of de- 
 tails affecting the conduct of city or departmental business. 
 
 Our report, therefore, will assume the form of two draft bills 
 which illustrate as perfectly as the limit of time and the measure 
 of our strength and ability can do, the precise form of legislation 
 which we would recommend, as well as the precise content of that 
 legislation; and the two draft bills should be treated not as final 
 propositions for adoption but as recommendations in bill form so 
 
presented that if approved by the legislature they may be treated us 
 a whole, and that if the legislature disapproves of any particular 
 matter, its substitute may be promptly formulated and fitted inio 
 the general scheme. 
 
 Because of the flexibility of the code and the ease with which 
 it may be modified to conform with legislative decision upon the 
 charter, and as well because of lack of time to frams to the full 
 satisfaction of the Commission the several code chapters, it has 
 been deemed wise to defer the presentation of the code until the 
 legislative committees shall have reached their conclusions. 
 
 The charter may be considered independently of the adminis- 
 trative code, but the converse proposition is not true. The legis- 
 lature itself cannot well take up consideration of the code until it 
 shall have passed upon the charter; but when that has been done 
 those parts of the code which have been drawn to conform with our 
 proposed charter can readily be revised so as to harmonize the ad- 
 ministrative law with the charter as finally adopted by the legis- 
 lature. 
 
 The charter will consist of 75,000 words; the present charter 
 contains over half a million. The administrative code will 
 be no larger than the charter. The charter and code together will 
 be about one-quarter the volimie of the present charter. The char- 
 ter contains 299 sections; the code will contain about the same 
 number. The present charter contains 16'20 sections. 
 
 For the purpose of facilitating the study and appreciation of the 
 draft charter, and in order to point out the character, scope and 
 purpose of each chapter, and to indicate the extent to which 
 changes or innovations of a fundamental character have been 
 recommended, wc call the attention of the legislature to the fol- 
 lowing analysis. 
 
 Genekal Pkovisions Eegakdixg the Rights and Fraitchises 
 OF THE City. 
 
 This chapter contains the grant to the city of corporate power, 
 of franchises and of power of local administration, continues the 
 guarantee of all pledges and securities for the city's liabilities, 
 regulates the grant of franchises to use the streets and waters, and 
 besides provisions with regard to grants of land under water, con- 
 tains sections relative to actions by and against the city, and fixes 
 the geographical boundaries of the boroughs. 
 
 In its draft the Commission has made use of the elaborate de- 
 scription of munieipal jwwers contained in the charter of cities 
 
8 
 
 of the second class drawn bj the late Judge Earl. Inasmuch 
 as some of the grants to the oity originated in royal charters and 
 have been confirmed by the state constitutions, provisions have 
 been added to ensure the continuance of all rights, privileges and 
 powers heretofore vested in the municipality. 
 
 In the present charter words are defined with needless fre- 
 quency and not always in identical language. The definition of 
 " Franchises " in our Chapter II has been predicated upon defini- 
 tions found in the jurisprudence of our own state and of other 
 states and in the decisions of the federal courts, and in the Special 
 Franchise Tax Law. 
 
 Consents to the exercise of franchises tD use the streets and 
 waters of the city are treated in section 7, which is practically 
 identical with section 73 of the present charter. It is reported in 
 this form not because it meets with the approval of the Commis- 
 sion, but because, whenever and however amended, it should con- 
 form to the amendments of the Rapid Transit Act of 1891 and 
 of the Public Service Commissions Law, which, it is understood, 
 will be considered by the legislature at the present session. 
 
 In section 10 slight changes have been made in the phraseology 
 of the corresponding section of the present charter (section 86). 
 The substantive change in the section would prohibit grants of 
 land under water within the city to the riparian proprietor with- 
 out the city's consent, and would limit gi-ants by the commis- 
 sioners of the land office to riparian proprietors upon terms and 
 conditions satisfactory to the city acting through its board of esti- 
 mate and apportionment. These changes embody in statutory 
 form the principle frequently enunciated by the courts that 
 " riparian owners have no right to prevent important public im- 
 provements upon tide water for the benefit of commerce," and 
 that " when any public authority conveys lands bounded by tide 
 water it is impliedly subject to those paramount uses to which the 
 government as trustee for the public may be called upon to apply 
 the water front for the promotion of commerce and the general 
 welfare" (Sage v. Mayor, 154 :N'. Y., 79-80). The effect of our 
 change will be that riparian owners cannot acquire such grants 
 without the approval of the city and later on compel the city, in 
 the event of the requirement of lands under water for the develop- 
 ment of the water front, to undertake condemnation proceedings 
 in which, or to enter into contracts by which, it would be obliged 
 to pay exorbitant prices — many times what riparian grantees 
 shall have paid the state. 
 
GENEE.iL PkO VISIONS ReQAEDING TUE DuTIES OF OfFICEKS. 
 
 Tliis chapter contains those general provisions regarding the 
 duties of officers and employees which are applicable to all alike. 
 These provisions are, generally speaking, identical with the pres- 
 ent law, except 
 
 First: Under the present law no member of the uniformed force 
 of the Police or Fire Departments can be nominated for an elective 
 office, and failure to decline such nomination at the time and in the 
 manner provided is declared to vacate his office. This principle is 
 extended to all persons holding appointive office or employment 
 under the city government. 
 
 Second: The prohibition which forbids employees of certain de- 
 partments of the city government to participate in associations 
 organized for the purpose of contributing funds to affect legislation 
 in their own behalf, or to promote such legislation, is extended to 
 apply to all officers and employees of the city. 
 
 Third: In aid of the Civil Service, and of its divorce from poli- 
 tics, an entirely new subdivision is submitted, which provides that, 
 at the risk of forfeiture of his office, " No person in the classified 
 civil service of the city shall be an officer or member of any polit- 
 ical committee, or a delegate or alternate to any political conven- 
 tion." 
 
 By proposed section 23, " JN'o elective officer who shall have been 
 removed under any provision of this act shall be eligible to election 
 or appointment to fill the vacancy caused by his removal." This 
 would prevent the reappointment of a removed officer to the va- 
 cancy caused by his own removal. 
 
 Another recommendation requires the payment into the city 
 treasury of all fees and emoluments received by any officer or em- 
 ployee of the city under any statute. This would put an end to the 
 fee system so far as remnants of it still exist in Manhattan, Queens 
 and Richmond. If this recommendation and certain other recom- 
 mendations in the Board of Estimate and Apportionment chapter 
 be adopted, all salaries and compensation will be paid out of budge- 
 tary appropriations, and the whole subject of salaries be brought 
 within the exclusive control of the Board of Estimate and Appor- 
 tionment. The most important feature of this recommendation is 
 to bring the appropriations for the offices of the several district 
 attorneys clearly within the budgetary powers of the Board of Es- 
 timate and Apportionment. 
 
10 
 
 The Council. 
 
 If the recommendatiou of the Commission be adopted, the 
 Council should, it is hoped, become a more important factor in 
 local government, with large and efficient legislative power. What 
 constitution of the Council would tend most directly and immedi- 
 ately to secure in it the largest measure of fitness, and to secure 
 for it the greatest efficiency, is a question to which the Commis- 
 sion has given much deliberation. With these considerations in 
 view we recommend that the Council be reduced from its present 
 number, seventy-three, to thirty-nine, distributed as follows: To 
 Manhattan, fourteen; to Brooklyn, eleven; to The Bronx, six; to 
 Queens, five, and to Richmond, three. This distribution will not 
 materially alter the relations to each other of the several boroughs 
 in the Council, but it will have the effect of making the Council 
 districts about twice as large as at present, except in Richmond 
 and Queens, and will insure all those advantages for business pur- 
 poses which a smaller body possesses in contrast with a larger one, 
 without materially disturbing the present proportion in repre- 
 sentation. 
 
 The city's experience with an unpaid board of education has 
 been so satisfactory that we recommend the abolition of the salary 
 of councilmen in the belief that, if the office be removed from 
 the field of small pecuniary political prizes, it will no longer be 
 utilized as an adjunct to the organized political machinery of 
 parties. It should cease to allure municipally paid agents of local 
 political leaders, but should attract those seriously interested in 
 the solution of municipal problems. The Commission favors re- 
 turn to the policy of requiring councilmen to be residents of the 
 districts which they are elected to represent. Heads of depart- 
 ments continue to have seats in the Council and to be entitled to 
 a hearing, although not to a vote. 
 
 The president of the Council is also vice-mayor and a member 
 of the board of estimate and apportionment. His duties are or 
 may be of a triple nature. His office is of great importance and 
 the salary should be ample' to attract the same degree of character 
 and ability as the mayoralty. The Commission has, therefore, 
 recommended that the salary be fifteen thousand dollars a year. 
 
 A cardinal departure has been made from the existing charter 
 in a broad grant of legislative power to the Council, thus follow- 
 ing what the Commission conceives to be the best of precedents in 
 recent charters. A comprehensive grant within thoroughly de- 
 
11 
 
 tilled liiuitatious is iii its judgiiioiit preferable to a detailed 
 enumeration of specific powers. The broad grant includes every- 
 thing within the circumscribed sphere, yet confers no jurisdiction 
 beyond it. 
 
 This ampler ordinance making jwwer, among other things, 
 makes the Council the medium for the correlation and coordina- 
 tion of all ordinances and all departmental regulations. It may 
 also amend certain specified sections of the administrative code 
 which are so local in their operation that they may properly be 
 altered by the city legislature, thus relieving the state legislature 
 from consideration of unnecessary administrative detail. 
 
 Following the course of recent evolution, we remove from the 
 Council every vestige of power over grants of franchises and have 
 transferred all such powers to the board of estimate and appor- 
 tionment. The board of aldermen now has power to authorize the 
 issue, for certain purposes, of revenue bonds not exceeding the 
 sum of $2,000,000 a year, and the abandonment of this practice 
 is recommended for reasons which will later be stated. The power 
 now possessed by the board of aldermen to fix the tax levy and 
 reduce specific items in the budget is continued in the Council. 
 
 The Executive. 
 
 Few material changes are i)ropo?ed in this chapter. We recom- 
 mend, however, that no person shall be eligible for the office of 
 mayor unless he shall have been a resident of the city for at least 
 ten years preceding his election, and that the salary be increased 
 to twenty-five thousand dollars a year. The present term of four 
 years is continued. There is doubt whether the president of the 
 board of aldermen, in the event of vacancy in the mayor's office, 
 would, under the existing charter, become mayor for the full 
 term. This is removed by our provision that an election to fill 
 the vacancy be held at the annual election following its occurrence 
 — the president of the council to be mayor ad interim. 
 
 The mayor will continue to appoint and at pleasure remove all 
 heads of departments, certain commissioners and members of 
 boards. 
 
 The Municipal Courts' act should be amended to authorize the 
 judges of those courts to appoint marshals, under civil service 
 rules. The appointment of a marshal by the mayor is in the 
 nature of a pure survival, without reason in logic or policy for 
 its continuance. There is need for this min<ir change, which 
 
12 
 
 would tend to stop practices from which poor and inconspicuous 
 litigants suffer seriously. 
 
 We recommend that the mayor be authorized to appoint an ad- 
 visory board, to act in conjunction with the board of estimate and 
 apportionment in devising and formulating plans for the compre- 
 hensive development and improvement of streets and parks. This 
 advisory board would be distinct from the Municipal Art Com- 
 mission, the existence of which is continued. 
 
 The duties of commissioners of accounts will be performed by a 
 commissioner of inquiry — a title which, more fully than the 
 present title, indicates the functions of this office. He may ap- 
 point and remove two deputies, one, an attorney and counselor at 
 law. The commissioner and his deputies may investigate any de- 
 partment of the city government, but subject to the mayor's power 
 to limit the scope of such investigation. The mayor will thus re- 
 tain, but under better guarantees of efficiency, the right of execu- 
 tive investigation into the operation of all departments. 
 
 BoAED OF Estimate and Apportionment : 
 
 A majority of the Commission favor the continuance of a board 
 of estimate and apportionment consisting of the mayor, the presi- 
 dent of the council, the comptroller, and a borough president to 
 be elected from each borough. A marked change in the existing 
 system is made by the withdrawal from borough presidents of all 
 administrative functions. The experiment of electing borough 
 representatives as financial officers to vote appropriations, and as 
 administrative officers to spend appropriations voted to themselves, 
 was violative of two fundamental principles inherent in our sytem; 
 namely, that appropriating officers should never be expending offi- 
 cers and that administrative officers should be, not elective, but ap- 
 pointive, and be at all times clearly within the sphere of unitary 
 executive responsibility. Eelieved of administrative duties which 
 now make their offices centers of political patronage, the borough 
 presidents will be required to give their undivided time and atten- 
 tion to the work of the board, which should become and be the 
 great financial executive committee of the city. From the stand- 
 point of the city's fiscal requirements, this board is the most im- 
 portant organ of the city government. Its members should be 
 men of signal ability, chosen because of their peculiar fitness for 
 the performance of their duties. To aid in insuring the election of 
 borough presidents of high capacity and of conspicuous position in 
 
13 
 
 their respective communities, it is recommended that tiie salary be 
 ten thousand dollars a year. 
 
 We projwso to create under the board several new bureaus, for 
 the more perfect co-ordination of the city business, greater pro- 
 tection of its rights, better preservation of its property, the estab- 
 lishment of large economies in its purchases and of a comprehen- 
 sive and systematic plan for its growth. Plans for city improve- 
 ments would fall within the province of the bureau of public im- 
 provements and engineering; franchises would be cared for by the 
 bureau of franchises; the city's real property now valued at up- 
 wards of eight hundred and fifty million dollars would be under 
 the charge of the bureau of real estate; and all claims against the 
 city, instead of being adjusted in the finance department, would 
 be first submitted to the bureau of claims. The bureau of sala- 
 ries is to classify and grade officers and employees, their wages 
 and salaries, and powerfully re-enforce the protection furnished to 
 public servants by the Civil Service Law. The bureau of statis- 
 tics and publicity would have charge of the City Record and with 
 material economy to the city would print and publish departmental 
 reports and all public advertisements. 
 
 The bureau of supplies is designed as a central purchasing 
 agency for all supplies required in common by all city depart- 
 ments; its functions would be developed through use and experi- 
 ence until it assumed proportions entitling it to become a co- 
 ordinate department of the city government. This natural evolu- 
 tion would, we think, be facilitated by the creation of a bureau 
 under flexible regulations. 
 
 The Commission is firmly convinced that the board of estimate 
 and apportionment should exclusively fix all appropriations for 
 salaries, subject, of course, to their reduction by the Council, 
 Exclusive of payments under the " prevailing rate of wages " law, 
 salary appropriations of at least thirty-five million dollars a year 
 are fixed by the legislature. The situation is unjust to taxpayers, 
 and is anomalous and exceptional. The new charter proposes the 
 repeal of all mandatory sections of existing law relative to salaries 
 of policemen, firemen, school teachers, heads of departments and 
 bureaus, and all other appointive city and county officials. If 
 the legislature should determine, to continue the maxima and 
 minima provisions of the so-called " Davis '' law, no modification 
 of the educational chapter of the charter would be necessary, for 
 this, in common with other chapters, contains only the structural 
 or organic. The subject of teachers' salaries is treated in the edu- 
 
14 
 
 cational chapter of tlie administrative code, which can easily be re- 
 cast if the Davis law is to be continued; and this fact illustrates 
 the statement heretofore made in this report, that the provisions 
 of the code may readily be adapted to conform with such changes 
 (if any) as the legislature may make in the proposed charter. 
 
 In support of our conviction that exclusive control of local 
 salaries should be left to the city, we submit that neither success- 
 ful nor economic administration of the city's affairs will be at- 
 tained so long as the legislature usurps a power that belongs of 
 right to the city, thereby relieving appropriating officers of re- 
 sponsibility for more than one-half of the expenditure for salaries 
 and wages. "New York City, in common with other and less 
 heavily burdened municipalities, ought to be permitted, through 
 its duly elected representatives, to determine the compensation of 
 all its officers and employees. It is the only city of importance 
 in the state which is not free to fix teachers' salaries. Existing 
 salaries remain unchanged by the draft charter which provides 
 that they shall remain as at present unless and until changed by 
 the board of estimate and apportionment. 
 
 We bespeak special attention to the section of the proposed char- 
 ter respecting the form of the budget. Under the present charter 
 a taxpayer would find it almost impossible to discover for what 
 matters the budget should make provision. Yet few things are 
 more important to him than to know that his servants, in making 
 appropriations, are not over-stepping law. For the first time in 
 the city's history reference to all matters which are the subject of 
 appropriations is made in one proposed section. One distinct ad- 
 vantage of this change is that it serves to educate the taxpayer to 
 discriminate between current expenses and capital outlays. All 
 annual expense of maintaining the city government should (and 
 but for archaic sinking funds would) be paid from the city's 
 revenues and its receipts from taxation, whereas all expenditures 
 for permanent improvements, including the acquisition of land, 
 should be met by issues of corporate stock or, whenever the city 
 may be reimbursed by means of assessments upon property espe- 
 cially benefited, by the issue of assessment bonds. A sharp dis- 
 tinction is made in the new charter between corporate stock and 
 assessment bonds, and between corporate stock and assessment 
 bonds on the one hand and special revenue and revenue bonds on 
 the other ; the latter classes of obligations being mere devices for 
 anticipating the collection of income from taxation. The rule 
 that current expenses shall be paid out of taxation allows no ex- 
 
15 
 
 ception. Hence, we provide that all the annual expenses of the 
 dock department shall, like those of other departments, be pro- 
 vided for in the budget and met by taxation, thus discontinuing 
 the evil practice of issuing corporate stock for the running ex- 
 penses of the dock department. 
 
 The budget should include also a detailed statement of all re- 
 ceipts of the general fund and of all sinking funds, the surplus 
 income of which eventually finds its way into the general fund. 
 The city will thus have a scientific budget of receipts and ex- 
 penditures. 
 
 Sinking Funds. 
 
 Before a draft of the chapter on Sinking Funds was made, a 
 history of the sinking funds was prepared, in order that the Com- 
 mission might more intelligently discuss existing provisions. The 
 law of the sinking funds remains substantially unchanged. The 
 old pledges of the city's revenues for the payment of it5 creditors 
 are preserved inviolate. There has been a rearrangement of the 
 order of sections, resulting in more consecutiveness and coherence, 
 and for the first time the actual sinking funds of the city have 
 been enumerated. This chapter should enable the reader to under- 
 stand the nature and purpose of the various funds. Obsolete 
 provisions and solecisms of expression have been eliminated, but 
 no contractual pledge has been infringed. 
 
 The Commission believes that it would be possible to refund the 
 entire funded debt of the city, exclusive of the several water debts, 
 at a satisfactory rate of interest, which would permit of the 
 abolition of the several sinking funds. Many sources of revenue 
 might be increased to the city's gain, if they were not to be locked 
 up indefinitely in sinking funds, and some might perhaps be re- 
 duced in the interest of the city and the taxpayer. 
 
 The theory which once made sinking funds prevalent has long 
 since been abandoned. Provision for meeting all funded obliga- 
 tions at maturity should be made by raising by taxation the 
 annual interest upon these obligations and the requisite amortiza- 
 tion instalments. Substantially all the sinking fund revenues 
 consist of the city's own obligations; its creditors therefore have 
 in the last analysis no other security than the city's own promise 
 to pay. If the sinking fund system were to be abolished and the 
 payment of the debt provided for by amortization methods, the 
 present anomalous and artificial system of withdrawing surplus 
 revenues from the sinkinir fund bv the issue of general fund bonds 
 
16 
 
 to that fund could be discontinued. This is a method of prevent- 
 ing bj indirection undue increase of these funds, and in effect is 
 an evasion of those provisions of law which require their mainte- 
 nance intact for the City's creditors. 
 
 Bonds and Obligations. 
 
 Charter provisions regarding corporate stock and other city 
 bonds have not the sanctity of sinking fund provisions. The 
 Commission has here made substantive changes in the law. It has 
 made a clear line of demarkation between corporate stock, assess- 
 ment bonds, special revenue bonds and revenue bonds. Corporate 
 stock can never be issued to pay current operative expenses if the 
 Commission's theory he adopted. To insure better prices and 
 better interest rates for the city all bonds must be sold after public 
 advertisement, but in case of special emergencies, of which the 
 board of estimate and apportionment is sole judge, revenue 
 bonds or special revenue bonds may be sold without advertisement. 
 
 The Commission proposes that corporate stock shall be issued 
 for improvements only. Assessment bonds, although in part 
 eventually convertible into corporate stock, are primarily issued 
 to pay for public work for which the city may be reimbursed by 
 assessments collected from property especially benefited thereby. 
 Failure to heed the proper distinctions between the several classes 
 of city obligations has led in practice to the use of one form of 
 bond where a different kind only was proper, and to confusion of 
 the funds from which bonds of different kinds should be paid. 
 
 We have retained the provisions regarding general fund bonds, 
 but have provided in the board of estimate and apportionment 
 chapter that the interest on such bonds shall be defrayed from 
 annual taxation — our purpose being that the budget shall reflect 
 all current expenditures, of which interest on bonds held by the 
 sinking funds is undoubtedly one. 
 
 The Administrative Departments. 
 
 These are treated in a single chapter under particular titles. 
 In Title I are all administrative provisions applicable alike to all 
 departments. These provisions are now scattered throughout the 
 present charter, and are repeated in different administrative titles, 
 and sometimes even in different sections applicable to different 
 bureaus provided for in the same title. 
 
17 
 
 Finance Dcparinieiit. 
 
 The Finance departnient of late years has become the reposi- 
 tory of so many functions that it has grown beyond reasonable 
 and workable proportions. It now exercises many powers that 
 with greater propriety should be under the control of the board of 
 estimate and apportionment. Accumulation of functions in the 
 comptroller has at times given him an ascendency over the mayor 
 in respect of purely administrative matters, but without any cor- 
 responding responsibility for administrative results. The depart- 
 ment is amorphous and chaotic. In order to readjust relations 
 between it and other departments we recommend that the bureau 
 of claims be transferred to the board of Estimate and Apportion- 
 ment and that a Bureau of Real Estate and a Bureau of Fran- 
 chises be created therein ; that the chamberlain be made the head 
 of an independent department to be known as the city treasury 
 department, in which there shall be three bureaus — that of the 
 city treasury, that of the collection of taxes and revenues, and that 
 of licenses. The chamberlain's office at present is nominally a 
 bureau in the finance department ; but the chamberlain is actually 
 an independent officer appointed by the mayor like other heads of 
 departments. Our proposed changes make the city chamberlain a 
 more efficient factor in the administrative government, and secure 
 for revenue collections and for licenses attention impossible under 
 the present organization. 
 
 We favor a bureau of licenses in lieu of a department, as this 
 branch of the city's business has not yet developed to proportions 
 justifying the erection of a co-ordinate department. But the entire 
 matter of licenses should fall in one bureau for systematization of 
 the license system and treatment of the matter of licenses and 
 permits in such manner as largely to increase the sources of rev- 
 enue. The adoption of this recommendation should go a long 
 way toward making successful the effort to secure an adequate 
 estimate of revenues from sources other than taxation, thus tend- 
 ing annually to relieve the tax levy. 
 
 The Penal Sections of the Chapter. 
 
 The present charter contains fully 170 sections which, Ix'ing 
 penal in their nature, should disap]iear from the charter proper. 
 ]\fany are repetitions of provisions of the Penal Code or Code of 
 Criminal Procedure, and are altogether needless in the charter. 
 Others so nearly rejioat llie provisions of one or the other code 
 
18 
 
 as to leave the law in doubt, because of the question raised as to 
 which is controlling. Others, in whole or in part, are in neither 
 the Penal Code nor the Code of Criminal Procedure, yet in one 
 or the other code they undoubtedly belong. All penal charter 
 sections have been segregated, and we recommend their re-enact- 
 ment in a separate chapter of the administrative code until such 
 time as they shall have been properly cared for in the Penal Code 
 or Code of Criminal Procedure. A few penal sections touching 
 matters of peculiar gravity are retained in the proposed charter, 
 for the sake of greater clearness and in order that the charter may 
 adequately depict the entire plan of city government. 
 
 Sections of present administrative titles which are repetition 
 of matter already generally provided for in the Public Officers' 
 Law have been eliminated because they encumber the charter and 
 make it less intelligible. These remarks apply to all of the admin- 
 istrative titles. 
 
 The Police Department. 
 
 In this department we recommend that the Commissioner must 
 appoint a deputy in the borough of Brooklyn ; and that to a deputy 
 commissioner who shall be a counselor at law of five years' stand- 
 ing be confided the conduct of all police trials. The police com- 
 missioner is to frame rules of practice for police trials, to be 
 approved by the Appellate Division of the Supreme Court in the 
 First Judicial Department, and is to review the trial commis- 
 sioner's findings and fix the punishment. No writs of certiorari 
 shall hereafter issue to review his determination, but it may be 
 reviewed by an appeal to the Appellate Division, whose decision 
 shall be final. This procedure should render trials simpler, juster 
 and more expeditious, and guarantee all members of the force an 
 absolutely fair hearing by a competent officer, under specific rules 
 permitting appeal to a satisfactory superior tribunal. It would 
 have the effect of eliminating the injurious consequences of arbi- 
 trariness and individual temperament which have for years past 
 been a constant cause of complaint in the disciplinary adminis- 
 tration of the department. 
 
 We have also recommended that a schedule of penalties be re- 
 quired to be fixed by the commissioner, which shall be just and 
 may be equally applied to all, so as to make it impossible that like 
 offenses tried by different persons or by the same person at differ- 
 ent times may result, merely as a matter of temperament or bias, 
 
IJl 
 
 in a punishment at one time and as against one individual which 
 in no serious manner affects his career in the department, while, 
 at another time or as against another individual, the punishment 
 is such as to make all advancement practically impossible. 
 
 In this connection we may add that we recommend the applica« 
 tion of a similar system in the trial of members of the fire force. 
 
 The Commission with substantial unanimity recommends the 
 appointment of a superintendent of police from the uniformed 
 force (following the very successful practice of the fire depart- 
 ment), who shall be the executive head of the uniformed force. 
 But the superintendent should be removable by the commissioner. 
 
 Investigation demonstrates that the reduction of the minimum 
 age at which persons may enter the police force has worked to pub- 
 lic disadvantage, and we therefore recommend that no person here- 
 after be eligible for membership in the force until he has reached 
 the age of twenty-five years. Younger men cannot safely be 
 entrusted with the performance of the very serious duties of peace 
 officers, and many of the administrative difficulties now encoun- 
 tered in the department are due to the increasing number of imma- 
 ture policemen. 
 
 Minor changes have been proposed, generally upon the well-justi- 
 fied recommendations of the commissioner or of members of the 
 force. They will, however, appear in their proper place in the 
 draft charter, and will be explained in detail in the notes accom- 
 panying it. 
 
 Health Department. 
 
 In the substantive law of the health department we recommend 
 but one change — that the office of coroner be abolished, and that 
 the duties of coroners in making post-mortem examinations here- 
 after be performed by a chief medical examiner in the department 
 of health and his assistants, and that inquests be conducted by city 
 magistrates. In making these recommendations the Commission 
 has considered chapter 577 of the Laws of 1902, by which the 
 office of coroner in the county of Erie was abolished. 
 
 AVe would also make it obligatory upon the department to main- 
 tain a bureau in each borough in which the records of births, 
 marriages and deaths in that borough should be kept — thus over- 
 coming the objections convincingly urged to the present system by 
 the medical profession throughout the entire city. These, however, 
 being administrative matters, will be treated in a supplementary 
 report on the administrative code. 
 
20 
 
 Charities Department and Bellevue and allied hospitals. 
 
 Provision has been made for municipal supervision or mainte- 
 nance of an adequate ambulance service in all the boroughs. 
 
 Board of Education. 
 
 We recommend the abolition of the board of education as a sepa- 
 rate corporation. ISTo reason exists for its continuance as a sepa- 
 rate corporate entity, and none has been urged by representatives 
 of the board. On the contrary, they appear to favor its abolition. 
 In obedience to advanced educational opinion, we would reduce 
 membership of the board to fifteen — a change which should insure 
 increased efficiency. We retain the local school boards, the num- 
 ber of which is made to correspond with the number of council dis- 
 tricts, but relegate the details of their constitution and functions to 
 the administrative 2ode. We have made the tenure of the adminis- 
 trative, the supervising and the teaching staff to continue during 
 good behavior and competency. We have continued the two col- 
 leges which constitute the capstone of the city's educational sys- 
 tem. All provisions of the present charter respecting the appoint- 
 ment of principals and teachers, and the method of licensing 
 teachers, will, with slight changes, find place in the administra- 
 tive code, in which may be inserted also such, provisions (if any) 
 as the legislature may enact respecting salaries of the teaching 
 staff. 
 
 AVe may here add that since the passage of the Ahearn and 
 Davis laws the annual expense per capita of the population for 
 the maintenance of the city's public school system has been 
 doubled, and we reaffirm our belief that the citizens of this me- 
 tropolis and its board of estimate will never permit the educa- 
 tional system to retrograde for lack of adequate appropriations. 
 
 Department of ^Yaier Supply. 
 
 We recommend that the department of water supply be de- 
 prived of all jurisdiction in respect of gas and electricity, which 
 should be transferred to the department of street control. 
 
 We favor the abolition of the Croton Aqueduct Commission for 
 reasons presented in the report of the Charter Revision Commis- 
 sion of 1907. 
 
Department of Docks and Ferries. 
 
 The law regarding docks and ferries is complex and chaotic. 
 To reduce it to clear and .intelligible shape, without substantive 
 change or impairment of the city's rights, has been a work of 
 difficulty requiring prolonged investigation. That part of the 
 law which should properly be incorporated in the charter re- 
 quires but few sections, and these, as recommended, involve no 
 changes in the actual system. ;^Iany provisions of the present 
 charter in the dock department title are purely administrative in 
 character; the administrative code will reduce to order, system and 
 intelligibility one of the most difficult titles of the present charter. 
 The park department has control of part of the water front. 
 Properly to delimit the respective jurisdictions of the dock and 
 the park departments upon the water front has required much 
 research and the skilled assistance of the corporation counsel's 
 office. 
 
 Building Department. 
 
 This department existed prior to 1901, when the office of 
 borough president was created, but it failed for want of executive 
 unity due to the fact that it was an application of a combination 
 of the board principle with a division of territorial responsibility. 
 It was abolished in 1901, and the functions previously exercised 
 by it were then divided among the borough presidents. The ex- 
 periment has proved a signal failure, and we recommend the re- 
 creation of this department. 
 
 The Department of Street Control. 
 
 The Charter Revision Commission of 1907, whose report was 
 before the legislature when the latter authorized the appointment 
 of the present Commission, reported to the governor as follows: 
 '' In the old city of New York, under the Consolidation 
 Act of 1882, the Commissioner of Public Works had virtual 
 control of all the street functions, except street cleaning. He 
 had all the powers of the borough presidents, and in addi- 
 tion, many of the powers now exercised by the Commissioner 
 of Water Supply, Gas and Electricity. It is probably true 
 that the management of the water supply of the great city 
 is too large a matter to be left to the control of a bureau. 
 But it is possible so to co-ordinate the powers to be ex- 
 
22 
 
 ercised with resj>ect to the streets as to do away, if not 
 wholly, at least largely, with much of the existing conflict of 
 authority. 
 
 '' With this object in view it has seemed to the Commission 
 that a Department of Street Control should be created, with 
 all the jurisdiction now vested in the borough presidents 
 with respect to the construction and repair of streets, sewers, 
 pavements and other structures, openings for all purposes in 
 street surfaces, and encumbrances. In addition, it should ex- 
 ercise all street cleaning functions, have charge of lighting 
 the streets, and be vested with all the powers and duties of 
 the Department of Water Supply, Gas and Electricity, ex- 
 cept such as relate to the water supply proper. In short, it 
 should possess all authority and control over the streets ex- 
 cept the regulation of traffic by the Police Department and 
 the care of the water mains laid under the streets. It is 
 worthy of consideration whether this department should not 
 be charged with the physical work of laying and repair of all 
 water mains, subject to the requisition and general supervi- 
 sion of the Department of Water Supply. * * * 
 
 " The Commission strongly favors the creation of this de- 
 partment, to be presided over by a commissioner, appointed 
 by the Mayor, with authority to appoint a deputy in each of 
 the boroughs. * * * 
 
 " Since, in the proposed redistribution of powers over the 
 streets, conflict of authority may arise, provision should be 
 made for the intervention of the Mayor as the final authority, 
 to determine the matter in dispute, whether it be a question 
 of precedence between contemplated improvements, the tear- 
 ing up of a newly laid pavement, for purposes of subsurface 
 construction, or other possible subject of conflicting jurisdic- 
 tion. 
 
 " In any improvement or work involving the opening of a 
 street surface, provision should be made for limiting the 
 length or area of the surface which may be open at one time. 
 This would prevent abuses which arise from the opening of 
 long stretches of the streets before the contractor or munici- 
 pality is actually ready to proceed with the subsurface con- 
 struction, or far in advance of the latter. Provision might 
 be made for requiring work of this character to be conducted 
 by night and day shifts in order to expedite it and limit the 
 
23 
 
 time during wliieh abutting i)roperty may be injured and 
 street traffic inconvenienced. 
 
 " The Commissioner of Street Control should be required, 
 when making his annual departmental estimate, to base his 
 estimate of the sums needed to maintain or repair the streets, 
 upon a thorough and adequate inspection of their surfaces/' 
 
 A majority of the Commission concurs in these views, and there- 
 fore recommends the creation of a department of street control 
 vcste<l with the powers conferred in sections 224 to 233 inclusive, 
 thus concentrating in a single department under the city's chief 
 executive all functions of street control now divided between cer- 
 tain appointees of the Mayor and the elected borough presidents 
 for whose acts he is not responsible. The Department of Street 
 Control will maintain the same administrative offices in the 
 boroughs that the borough presidents now do, except in respect of 
 the building department, and public; facilities for doing local busi- 
 ness will not be impaired. 
 
 Ferries: 
 
 By original grants and confirmation in colonial charters, the 
 former city of J^ew York acquired a franchise covering all ferries. 
 
 The uniform practice of the city was until recently to lease its 
 ferries for short terms to companies organized to operate ferries, 
 or to railway corporations, like the Pennsylvania Railroad Com- 
 pany, the Central Railroad Company of Xew Jersey, the Erie 
 Railroad Company and the Delaware, Lackawanna & Western 
 Railroad Company. Within a few years the city has undertaken 
 to operate two ferries directly: one, to Staten Island; the other, 
 to Thirty-ninth street, Brooklyn. Municipal Ojx ration has been 
 expensive in the extreme, the net loss on the Staten Island ferry 
 alone being almost as large as the total contribution of Richmond 
 County to the tax levy. 
 
 Five other ferries have been discontinued by their lessees, and 
 the courts having in effect decide<l that the city received its ferry 
 franchise for the benefit of its inhabitants, and must itself operate 
 or compel its lessees to operate its ferries, it follows that if the 
 city should finally be compelled to run them directly (as seems 
 not unlikely) the loss in the near future in ferry operations may 
 easily attain the sum of two million dollars a year. 
 
 Apart from the legal question of the city's obligation to run 
 ferries which its lessees refuse to run at a loss, is the question of 
 
24 
 
 the proper method of defraying the cost of municipal operation. 
 The cost of operation, and, of necessity, the resulting loss in the 
 case of ferries municipally operated, are paid at present out of 
 issues of corporate stock. The evil of this system is twofold : first, 
 future generations are thus charged with present operating loss; 
 and, secondly, the present generation is debarred pro tanto of the 
 use of the city's credit for public improvements, inasmuch as its 
 borrowing capacity is impaired by the use of its credit for current 
 ferry expenses and ferry losses. 
 
 The practice is an outgrowth of conditions created by the city's 
 sinking funds. The ordinance of 1844 pledged all ferry income to 
 the sinking fund for the payment of interest upon the debt of the 
 former city, and the surplus of the interest fund now finds its way 
 into the sinking fund for the payment of the principal of that debt. 
 At present ferry rentals are paid into the interest fund. The ques- 
 tion arises whether the gross income from ferries, or the net in- 
 come merely, belongs to the sinking fund. In our opinion only 
 net income belongs to the fund. According to the decisions of the 
 courts the city's feriy franchise is an integral thing. The city's 
 ferry system should also be treated integrally, and rentals from 
 these ferries should so far as needed be applied to meet losses on 
 municipally operated ferries, and only the net rentals remaining 
 after this application should go to the sinking fund. If on the 
 ■other hand after the application of ferry rentals, a loss should 
 still remain in ferry operations, that loss, like all current expenses, 
 should be paid out of the tax levy. But as the loss for any year 
 would be conjectural at the time of the making of the budget of 
 that year, we propose instead that it be paid out of special revenue 
 bonds redeemable from the tax levy of the ensuing year. 
 
 Payment of these operating losses out of proceeds of corporate 
 stock is indefensible; the community should know from year to 
 year just Avhat the annual losses are, and this information should 
 be discoverable from the budget. If ferry losses are payable out of 
 taxation, the taxpayer will soon realize the significance of the loss 
 and be prompted to devise a solution consistent with the interests 
 of the city. 
 
 It must be borne in mind that the city is carrying on a ferry 
 business exactly as a private corporation might do if it possessed 
 similar franchises. The city in part operates its ferries directly; 
 in part farms them to lessees, but its ferry business is as much one 
 business as it would be if it were the business of a private 
 corporation. 
 
25 
 
 Acquisition of Real Property for Puhlic Purposes: 
 
 The cost to the city of the acquisition of real property for public 
 purposes has become a matter of scandal. The method of correct- 
 ing the waste and extravagance of condemnation proceedings will 
 require the most careful attention from the legislature. The pro- 
 posed real property chapter contains only a few sections, merely 
 granting to the city the right of eminent domain, in broad terms. 
 In the chapter dealing with the issue of corporate stock, provision 
 is made that it may be used to purchase existing franchises. In 
 the chapter on the board of estimate and apportionment power is 
 given to acquire property by agreement with the owner without re- 
 sort to condemnation, and that such agreement may be made dur- 
 ing condemnation proceedings, or even after an award, provided 
 the amount paid shall not exceed the award. The present charter 
 contains many obscure, conflicting and redundant provisions for 
 the acquisition of real property for different public uses. The con- 
 fusion is enhanced by special laws — for example, the act creating 
 the Aqueduct Commission and the act creating the Board of Water 
 Supply. 
 
 The practice which obtains in the appointment of commissioners 
 in such proceedings merits criticism; courts do not always suffi- 
 ciently regard the public interest in the allowance of counsel and 
 commissioners' fees ; and the commissioners frequently deem their 
 appointment not so much a public trust as an opportunity for 
 exorbitant private profit at the city's expense. The evils are glar- 
 ing and of long continuance. The vital question is the remedy. 
 Upon this subject diverse views are entertained by the Commission 
 as well as in the community. Some members of the Commission, 
 as a means of temporary relief, favor the appointment by the Ap- 
 pellate Division of a permanent board of condemnation commis- 
 sioners of twenty-one persons residents of the several counties in- 
 cluded within the city, these commissioners to be salaried and to 
 have jurisdiction over practically all condemnation proceedings 
 where property to be acquired is within the city limits ; the Appel- 
 late Division to make appointments from the list of permanent 
 commissioners, unless objection be made by a property owner, in 
 which case it may appoint at its discretion outside of the list. All 
 commissioners who are not to receive salaries shall serve at the rate 
 of ten dollars for a day of five hours, no allowance to be made for 
 adjournments or for shorter sessions. 
 
 Other members of the Commission question the constitutionality 
 
26 
 
 of this plan, and believe the only remedy to be a constitutional 
 amendment. All concur in recommending the amendment of the 
 Constitution so as to provide for a court of condemnation. 
 
 By an act of the legislature passed after the ratification of the 
 Constitution of 1894, the Apj)ellate Divisions were empowered to 
 establish rules of practice binding upon all the courts in this state 
 and all the judges and justices thereof, except the Court for the 
 Trial of Impeachments, and the Court of Appeals. Under their 
 rules they assign the trial and special term justices to the 
 different ])arts during each calendar year. Applications for the 
 appointment of commissioners in condemnation proceedings must, 
 in the first department, be made at part three, special term. 
 Inspection of the list of justices designated to sit in this important 
 part since January 1, 1895, discloses the remarkable fact that few 
 justices have ever been privileged to occupy this post and to dis- 
 pense the patronage attached to it. In cases where ovdng to the 
 absence of the designated justice some other justice sits, it is the 
 almost invariable practice for the corporation counsel to adjourn 
 applications for the appointment of commissioners until a term at 
 which the regularly assigned justice presides. Thus, through its 
 control over the rules of the court and over the assignment of 
 justices, the Appellate Division in this department is in a position 
 to remedy some of the graver evils of the system. 
 
 According to a statement submitted to this Commission by the 
 Board of Water Supply as of August 31, 1908, its expenditures 
 to that date in the acquisition of real estate, either by private con- 
 tract or under the law of eminent domain, were as follows: 
 
 Advertising $187,158 10 
 
 Stenographers and other clerks to Commissioners 
 
 of Appraisal 27,932 67 
 
 Special counsel fees and expenses 268,775 60 
 
 Commissioners of Appraisal, fees 104,515 48 
 
 Commissioners of Appraisal, expenses 30,618 74 
 
 Awards in condemnation proceedings 277,007 50 
 
 Interest on awards 15,781 93 
 
 Counsel fees of Parcel Owners 18,862 70 
 
 Agreements, offices and buildings 28,287 00 
 
 Advertising proposals 9,268 11 
 
 Contracts 507,263 67 
 
27 
 
 Of this enormous outlay, a sum aggregating $691,200.33, 
 appears to have been incurred in the condemnation of land ap- 
 praised at $277,007.50, and in purchases by contract amounting 
 to $507,203.67. This vastly disproportionate expenditure is due 
 to provisions of the statute creating the board, and revised legis- 
 lation would fail of complete success if it did not prevent such 
 excessive cost in the future. 
 
 Local Boards. 
 
 We recommend that there be but one local board for each bor- 
 ough, to consist of the members of the council elected from it. 
 This determination has been reached after thorough investigation 
 and prolonged consideration, and we believe that the best interests 
 of the localities will bo subserved by the adoption of this course 
 and the discontinuance of the large number of local boards now in 
 existence. 
 
 We also recommend that the borough boards shall have jxtwer 
 upon their own initiative, without approval of the board of esti- 
 mate and apportionment, to undertake local improvements not in- 
 consistent with the general plan of city improvement, in all cases 
 in which the cost of an improvement shall not exceed five thou- 
 sand dollars — the cost to be assessed upon the area of benefit. 
 
 Inferior local courts. 
 
 No change is recommended in respect of inferior local courts, 
 except that provision be made for the appointment of two addi- 
 tional justices of special sessions, seriously needed at the present 
 time. 
 
 A number of sections of the present charter devoted to the in- 
 ferior civil and criminal courts will be carried into the administra- 
 tive code, until the passage of a law res|K}cting courts of inferior 
 local criminal jurisdiction throughout the state, and a new mu- 
 nicipal courts act ore enacted. 
 
 The only fundamental change we suggest is the imposition upon 
 police magistrates of the duty (now performed by coroners) of 
 authorizing autopsies, and of ccnducling inquests. 
 
 Pension Funds: 
 
 The pro]x>sed charter deals in the fii"st instance in a single sec- 
 tion with all pension funds, continuing and preserving them in- 
 tact. Diflforent pension and retirement fund sections of the pres- 
 
28 
 
 ent charter are largely repetitious. We have believed it better, 
 after a general provision for the continuance of these funds, to put 
 all sections relating to their administration, into the administra- 
 tive code. 
 
 Board of Assessment and Award: 
 
 Great care has been given to the clarification of sections of 
 the charter regarding the constitution and functions of the board 
 of assessors. Inasmuch as we propose an enlargement of the 
 powers of the former board so as to permit it to make awards for 
 damages for changes of grade (functions which it now performs 
 under numerous special statutes), we have changed the title of the 
 board. 
 
 Such sections of the existing charter in respect to the board of 
 assessors, not in the new charter, as we propose to retain, are in- 
 corporated in the administrative code, which provides also ma- 
 chinery for the collection of assessments. In this connection we 
 may add that the administrative code makes adequate provision 
 for the collection of arrears of taxes and of water rents. 
 
 The Municipal Civil Service. 
 
 Sections of general application have been placed in Title 1 of 
 the administrative departments. The tenure of employees has 
 been safeguarded by a requirement that in the removal of any em- 
 ployee holding a position in the classified municipal service sub- 
 ject to competitive examination, there shall, together with a copy 
 of the charges forming the basis of his dismissal and the ex- 
 planation of his removal, be filed a copy of his defense with the 
 municipal civil service commission. This may have a tendency 
 to check a practice which tends to reduce the civil service tenure 
 to a farce — where a department head makes a charge against an 
 employee which is abundantly met by his answer but is treated as 
 insufficient. We recommend a particular chapter on the munic- 
 ipal civil service in which are set forth the fundamental prin- 
 ciples of the Civil Service Law as applicable to the city, but 
 without repetition of general provisions of the State Civil Service 
 Law. This brief chapter shows the precise place and function of 
 the municipal civil service commission in the political organization 
 of the city. 
 
29 
 
 Congestion and City Plan. 
 
 By taking the control of the city map out of the hands of the 
 Borough Presidents, and by vesting the Board of Estimate and 
 Apportionment with the power to perfect it not only, but by im- 
 posing upon that Board the duty of perfecting the map and con- 
 ducting all future improvements consistently with a comprehensive 
 scheme for the physical development of the city, intelligently and 
 harmoniously, it will be possible for the first time to provide the 
 administrative means whereby the cure for the existing congestion 
 of population may be accomplished. It is impossible, consistently 
 with the welfare of the city, that present conditions should con- 
 tinue, or that the city should longer be menaced with an intensi- 
 fication of the evil. The first remedial step is to impose upon 
 some competent body the duty to study and investigate and the 
 power to prepare such a stable and comprehensive plan as present 
 and future necessities may dictate, and this we believe we have 
 done in the grant of powers to the Board of Estimate and Appor- 
 ment. This should also be of the greatest value to the Public Ser- 
 vice Commission in connection with its work of devising a com- 
 prehensive plan for the development of the transportation facilities 
 in the City. 
 
 Conclusion. 
 
 The diversity and importance of the subjects treated in this 
 report and codified in the proposed charter will enable the legis- 
 lature to assess the magnitude of the labor of this Commission. 
 It has attempted to formulate a comparatively brief charter out 
 of a body of law reaching back to colonial days, and, since 1830, 
 covering a number of municipal charters and numerous statutes. 
 The charter of Greater !N'ew York, as its creators admitted, was 
 not " a charter in general terms with concise sections compre- 
 hensive in character," but was an aggregation, more or less sym- 
 metrically arranged, of all provisions of law relative to the newly 
 constituted municipality. The Charter Revision Commission of 
 1900 at the outset of its report declared that it had debated 
 whether it would undertake the preparation of a charter " dif- 
 ferent in form from the existing charter, or whether it would em- 
 body its recommendations in the form of amendments to that 
 charter." It decided that " the limited amount of time at the com- 
 mand of the Commission " rendered it impossible for it to enter 
 upon an enterprise so vast. This work has devolved by law upon 
 the present Commission. It has endeavored to obey the legislative 
 
30 
 
 mandate making it obligatory to present its report before the close 
 of the existing session. This mandate has recently been empha- 
 sized 'by request from the Cities Committees of the Senate and of 
 the Assembly that a report be presented by the Commission not 
 later than March . Obedient thereto, the Commission submits 
 its results. 
 
 Mr. Madison in the summer of 1823 wrote in reference to the 
 work of the great federal convention of 1787 that in the latter 
 stages of its session '' it was not exempt from a degree of the 
 hurrying influence produced by fatigue and impatience in all such 
 bodies." The Commission has no sense of impatience beyond the 
 realization that a truly fit charter and administrative code would 
 be the product of work upon which no time limit is set. 
 
 The Commission has been sustained in its labors by the convic- 
 tion that they cannot prove futile, but must contribute to the 
 foundation upon which a satisfactory^ organic law and adminis- 
 trative code for the city may be established. 
 
 With the administrative code will be submitted special bills in 
 reference to the various sections of the present charter and of other 
 statutes either rej^ealed, modified or left in full force. 
 
 We cannot too highly testify our appreciation of the valuable 
 assistance which various heads of departments and bureaus have 
 cheerfully and courteously rendered. 
 
 Respectfully submitted, 
 
 WM. M: IVINS, Chairman. 
 
 E. R. L. GOULD, Vice-Chair man. 
 
 JAMES COWDEN MEYERS, Secretary. 
 
 ALFRED J. BOULTON. 
 
 GEORGE CROMWELL. 
 
 J. HAMPDEN DOUGHERTY. 
 
 GEORGE L. DUVAL. 
 
 GEORGE McANENY. 
 
 P. F. McGOWAK 
 
 HERMAN A. METZ. 
 
 HARRISON S. MOORE. 
 
 W. W. NILES. 
 
 CHARLES H. STRONG. 
 
 ALMET REED LATSON. 
 
31 
 
 While wc have s.gncd the foregoing as the report of the Com- 
 m,ss,on we have done so with the express res rvation hat we 
 favor the election of a horongh execntive i„ each borllh who 
 8hal be charged with ocal adn.inistrative functions s°"lr to 
 those now vested in the borough presidents in eaeli borongh and a 
 separate member of the board of estimate and apportionment a„d 
 we dissent from the conclusions of the majority in that regard 
 
 HARRISON S. MOORE 
 ALFRED J. BOULTON. 
 
32 
 
 To indicate our concurrence in the main with the views of our 
 associates, we have signed the foregoing report but desire to note 
 our dissent from the conclusions of the majority of the Commis- 
 sion in the matter of the administration of borough affairs, for the 
 reason that we do not believe that the charter as proposed recog- 
 nizes the principle of substantial home rule in local affairs. 
 
 GEORGE CEOMWELL. 
 W. W. NILES. 
 
33 
 
 The recommendations of the Commission as a whole, acting 
 through its majority, are contained in the foregoing report, which 
 I have signed, yet 1 am constrained to dissent from its conclusions 
 in certain particulars. 
 
 1. Borough Government. — The wisdom of divorcing the legis- 
 lative functions of the borough president from the administrative 
 duties now exercised by that officer is conceded. It is equally ap- 
 parent that there should be vested in the mayor that degree of 
 centralization which would enable him to exact the proper ad- 
 ministration of government in each borough. On the other hand, 
 an appropriate measure of borough autonomy should be preserved 
 and the danger of complete domination or permanent iutrench- 
 ment by any one political party should be averted. Under the 
 proposed plan the borough president is r6tained, his functions 
 limited to a seat in the Board of Estimate and Apportionment, 
 while the administrative or executive functions now exercised by 
 the five borough presidents are transferred to a single commis- 
 sioner appointed by the mayor. As a substitute for this plan, I 
 recommend : 
 
 a. That the elective office of borough president be retained, 
 the incumbent to be vested with the present administrative func- 
 tions of that officer only. 
 
 b. That there be elected in each borough a representative 
 to be known as " Member of the Board of Estimate and Appor- 
 tionment," and that the present system of plural voting be 
 preserved. 
 
 c. That the mayor be vested with power of removal over the 
 borough president, for cause, with power of appointment to fill 
 the vacancy created, the person chosen to be a member of the same 
 political party as the last incumbent of the office. 
 
 2. Police. — So far as practicable the various departments should 
 be administered in the borough of Brooklyn by officials of the same 
 grade as those who administer the departments in the borough of 
 Manhattan. This is particularly true of the Police Department. 
 Under the recommendations of this report, while provision is made 
 for the maintenance of a branch office in the lK:>rough of Brook- 
 lyn, the police commissioner is vested with discretion in the de- 
 termination of the extent to which the police force assigned to 
 that borough shall be commanded by a resident official. A man- 
 datory provision should be substituted. The creation of a super- 
 intendent of police selected from the uniformed force meets with 
 my hearty approval, but if provision were made that he in turn 
 
34 
 
 should appoint from the uniformed force a chief having control 
 throughout the boroughs of Manhattan, Bronx and Richmond, and 
 another having control throughout the boroughs of Brooklyn and 
 Queens, the efficiency of the entire force would be greatly in- 
 creased, the existing discontent in the boroughs would be largely 
 eliminated, and probably th:' c ;mmissioner would need but a 
 single deputy in addition to the trial deputy. 
 
 3. Inferior local courts. — The appointment of city magistrates 
 and justices of the Court of Special Sessions constitutes a notable 
 exception to the principle of an elective judiciary which runs 
 through the entire system of government in the state of iSTew 
 York. Experience seems not to have justified the retention of 
 this exception. Any tendencj^ to give to that important bench a 
 political complexion would be greatly modified by adhering to the 
 elective system. 
 
 ALMET EEED LATSOX. 
 
35 
 
 Xkw York, N. V., December 12, 1008. 
 To THE Governor, 
 Sie: 
 
 111 coinpliaiioe wilii your request, we now havs the honor to 
 make the folhjwin*^ report with regard to the constitutional bor- 
 rowing capacity of The City of New York as of the 1st of Xo- 
 vember, 1908. 
 
 At the request of the special committee of the Senate and As- 
 sembly now investigating the finanacial affairs of The City of New 
 Y'ork, and also at the request of the Charter Commission, the 
 Comptroller has prepared a statement uix)n the basis of calcula- 
 tion adopted for the Finance Department of the City, showing the 
 margin of borrowing capacity, within the constitutional limita- 
 tion, as of Xovembcr 1st, to be $37,931,640. 
 Ten per cent, assessed valuation of taxable 
 
 real estate, 1908 $672,241,578 itO 
 
 Xet funded debt (charge- 
 able against constitu- 
 tional limitation .... $546,354,179 09 
 Xet contract liability 
 (chargeable against con- 
 stitutional limitation) . . 45,416,523 30 
 For land acquired (esti- 
 mated) 18,935,961 76 
 
 Revenue bonds of 1902, 
 outstanding Xovember 
 
 1, 1908 .'. 100.000 00 
 
 Revenue bonds of 1903, 
 out.^tanding Xovtmber 
 
 1, 1908 5,000,000 00 
 
 Revenue bonds of 1904, 
 outstanding Xovember 
 
 1. 1908 4,476.000 00 
 
 Revenue bonds of 1905, 
 outstanding Xovembcr 
 
 1, 1908 7,000.000 00 
 
 Revenue bonds of 1906, 
 outstanding November 
 1, 1908 9,376,210 00 
 
 Total $25,952,210 00 
 
 Grnnd tot:iI 636,658.874 15 
 
 balance $35,582,704 75 
 
36 
 
 Remaining out 'November 1, 1908, of the pro- 
 ceeds of sale of bonds, the following amount 
 which has not been apportioned and trans- 
 ferred to the credit of the various accounts 
 on account of which said bonds were author- 
 ized to be sold $2,348,935 83 
 
 Estimated margin out November 1, 1908 $37,931,640 58 
 
 Before discussing this statement in detail it is proper to say 
 that early in May of the present year a special committee of the 
 Charter Commission undertook an investigation of the City's 
 borrowing capacity, which will be spoken of generally hereafter 
 as the Debt Limit. For the purpose of ascertaining the City's 
 contract indebtedness, certified as well as uncertified, on the books 
 of the Comptroller, specific questions were addressed to each of 
 the City departments, accompanied by uniform blank schedules. 
 In reply to the Committee's communications it received from each 
 of the City departments satisfactory replies, returning the sched- 
 ules showing in detail as of the 1st of July the precise contract 
 debt of the City payable out of the proceeds of corporate stock; 
 that is to say, all contract indebtedness except that payable from 
 appropriations for departmental purposes. The Committee then 
 undertook an examination of all questions of law involved in the 
 method of calculating the City's indebtedness for the purpose of 
 determining whether the same was within the constitutional limi- 
 tation, examining all of the opinions of the several Counsel to 
 the Corporation in respect to these matters and thoroughly in- 
 vestigating the practices of the Finance Department in the in- 
 clusion or exclusion of one or another item in or from its cal- 
 culations. 
 
 Having said this much by way of foreword, permit us now to 
 recast the Comptroller's statement of November 1st, so as to show 
 the elements of his calculation, which it will be noted at the 
 outset does not even contain a statement of the gross bonded debt 
 of the City, and which as prepared does not admit of any check 
 or counter-calculation, except as the result of expert knowledge 
 or access to the City's books, and therefore, although arriving 
 at a result which may or may not be correct, is nevertheless quite 
 blind to interested taxpayers or the holders of the City's securities. 
 We prefer, therefore, to recast the form of statement summarily, 
 for the time being adhering to the Comptroller's basis of calcula- 
 
37 
 
 tion. The result is as follows, the figures differing from the 
 Comptroller's onlj because of our failure to include the cents: 
 
 Gross bonded indebtedness, Xov. 1, 190S $033,121,157 
 
 Less revenue bonds 130,578,100 
 
 Gross funded debt $703,543,057 
 
 Contract liability, other than on ap- 
 propriation account $45,416,523 
 
 Liability for land acquired, as esti- 
 mated by the Comptroller $18,035,901 
 
 Revenue bonds issued against uncol- 
 lected taxes for years prior to 
 1907 25,952,210 
 
 $90,304,694 
 
 $883,847,751 
 Deductions: 
 
 Bonds held by the sinking fund, 
 and which are redeemable from 
 those funds, exempt under Bank 
 for Savings v. Grace $190,649,564 
 
 County bonds, exempt under the Con- 
 stitution 21,708,279 
 
 Water bonds for debt incurred since 
 January 1, 1904, exempt under 
 the Constitution 34,831,034 
 
 Proceeds of bonds in the City Treas- 
 ury, deducted by the Comptroller. 2,348,935 
 
 249,537,812 
 
 $634,309,939 
 Ten per cent, of assessed valuation of taxable real 
 estate, 1908 672.241,578 
 
 Margin of borrowing capacity of the City upon the 
 
 basis of the above calculation $37,931,639 
 
 We may now consider the propriety .and adequacy of the method 
 :>i calculation. 
 
 1. It will be observed in the first instance that the Comptroller 
 estimates land liabilities at $18,935,961. Our investigation has 
 
38 
 
 dii^closcd the fact that this estimate of liability covers only that 
 land where title has actually passed to the City, and that so far as 
 practicable the estimate is made upon the following basis : 
 
 a. Awards actually made, but not yet paid. 
 
 h. Estimated awards about to be made, where the basis of the 
 award has been determined by the commissioners. 
 
 c. Where no basis of award has yet been arrived at, upon 
 the value of the property as assessed for purposes of taxation. 
 
 d. That nothing is included in the estimate for interest and for 
 costs of acquisition, meaning thereby commissioners' fees, dis- 
 bursements and legal costs. 
 
 2. The most careful examination leads us to the belief that in 
 respect of the lands already acquired by the City, this estimate is 
 inadequate. As will be observed, it is determined more or less 
 arbitrarily by the Comptroller, can be increased or decreased at his 
 pleasure, is certainly inadequate so far as concerns so much of the 
 estimate as is based upon values as assessed for purposes of taxa- 
 tion, and is wholly erroneous to the extent to which it fails to in- 
 clude interest and the costs of acquisition. It is our belief that 
 this estimate should be increased by not less than 50 per cent. ; 
 that is to say, that there should be added thereto as a minimum, 
 $9,500,000. 
 
 2a. A very grave question is raised as to whether the City 
 should not also, as a matter of business conservatism and in due 
 respect for the spirit of the Constitution, estimate and deduct its 
 contingent liability for real estate in course of condemnation, 
 where the City has not yet actually acquired title. This is a ques- 
 tion of law, however, which can only be determined by the courts 
 or by an act of the Legislature. Until so determined, and not- 
 withstanding the contention that the City has the right to discon- 
 tinue, which we have maturely considered, it is our belief that the 
 Constitution should have the benefit of the doubt. Our inquiries 
 indicate that the lands in course of condemnation where title has 
 not yet passed to the City are at least 331/3 per cent, of all real 
 estate now being condemned. If the ultimate cost of such land 
 be calculated upon the same basis as that suggested by us for the 
 determination of the ultimate cost to the City of lands to which 
 title has passed, it would be necessary to add a further $14,000,000 
 to the item of land liability, thus making a total increase in the 
 item of land liability of $23,500,000. 
 
39 
 
 •21). The city is under certain obligations to pay for real estate 
 privately purchased, aud this item is completely neglected by the 
 Department in its calculations. 
 
 3. The Comptroller has not added to the City's liability con- 
 tracts payable out of the proceeds of bonds when contracts have 
 been actually let and entered into between the departments and 
 contractors, but which he has not yet certified to and carried into 
 the City's general books. It is possible for the Comptroller from 
 time to time, by failure to certify such contracts, to contract or 
 expand the borrowing capacity of the City, a practice which we do 
 not believe was contemplated by the Constitution, notwithstanding 
 the fact that no contract can be sued on until so certified. Such 
 contracts have been authorized by the Board of Estimate and Ap- 
 portionment, have been duly entered into, and in our opinion 
 should, for the purpose of calculating the debt limit, be treated 
 precisely in the same manner as contracts which have received 
 the Comptroller's certificate. If we are right in this belief, there 
 should be added, in round figures, as of November 1, 1908, for 
 such contracts, $3,500,000. To this should be added all contracts 
 awarded, but which have not yet been forwarded to the Comp- 
 troller's office, and which may aggregate a large sum. We de- 
 termined precisely what this was as of July 1st last, and to do so 
 required an investigation which continued for six weeks. It 
 would now require not less than a month to make the exact cor 
 responding figures as of November 1st. 
 
 4. The Comptroller has, in his calculation, made a deduction of 
 $2,348,935 for proceeds of bonds remaining in the City Treasury, 
 " which have not been apportioned, and transferred to the credit 
 of the various accounts on account of which said bonds were au- 
 thorized to be sold," but are mingled with the common fund. This 
 is deducted by the Department on the theory that the amoimt is 
 applicable to the payment of land liabilities, or to payment on 
 account of contracts already included in the debt. Until the cash 
 is so used, however, it is merely an asset of the City, like any other 
 asset, and the ruling of the courts does not seem to authorize any 
 deductions for assets of any kind, and particularly where the fund 
 in question is not separated from other moneys in the Treasury, 
 but is used for the payment of the City's current bills. 
 
 5. It should be observed, in passing, that no estimate is made of 
 the contingent liability of the City in some 25,000 actions now 
 pending against it. Judgments entered in these actions, as a rule- 
 
40 
 
 are ultimately paid out of appropriation account, but that seems to 
 be no reason why some proper estimate should not be made for so 
 much of such judgments as cannot be paid out of appropriation 
 accounts. 
 
 6, At this point attention should also be called to the fact that 
 by Chapter 208 of the Laws of 190'6, the Board of Estimate and 
 Apportionment was required, on or before the first day of October, 
 1906, to " authorize corporate stock of The City of New York to 
 be issued to an amount equal to so much of the deficiency on the 
 1st day of January, 1905, in the product of taxes theretofore 
 levied and deemed by the Board to be uncollectable, as shall not 
 be provided for in prior tax levies or by the issue of corporate 
 stock of The City of New York," which act was to take effect 
 immediately. The Board of Estimate and Apportionment deter- 
 mined such amount to bo $36,000,000, and authorized the issue of 
 $36,000,000 of corporate stock. Under such authorization, how- 
 ever, it has up to this time actually issued but $3,000,000. The 
 question is at once raised as to whether it was the intent of the 
 Legislature that this $36,000,000 of uncollectable taxes should be 
 funded, and if so, whether the Board of Estimate and Apportion- 
 ment has any discretion in the premises. We understand the law 
 to be mandatory, and not to be limited to the authorization of the 
 issue, but to the exercise of the authority. 
 
 In view of the foregoing, we now call attention to what we 
 believe to be the necessary readjustment of the estimated margin 
 of borrowing capacity as shown by the statement of the Finance 
 Department, namely $37,931,640 00 
 
 Additional estimated land liability $23,500,000 00 
 
 Cash improperly deducted 2,348,935 00 
 
 Contracts let but not certified 3,500,000 00 
 
 $29,348,935 00 
 Readjusting the Comptroller's figures by the de- 
 duction of this amount we have a remainder 
 
 <^f b;it $8,582,705 00 
 
 exclusive of contracts awarded but not yet in the Comptroller's 
 hands, and contracts for purchase of real estate, still unconsidered. 
 ^ In addition to the questions involved in the foregoing considera- 
 tions, our attention has been called to another matter of much 
 gravity, namely, the question as to whether the assessed value of 
 special franchises for purposes of taxation should be included in 
 
41 
 
 the assessed real estate, for the purpose of determining the borrow- 
 ing capacity of the City within the constitutional limitation. 
 
 Article VIII, Section 10 of the Constitution contains the fol- 
 lowing provision as the same was adopted in 18S-1 and subse- 
 quently in 1804: 
 
 " Xo city or county shall be allowed to become indebted 
 for any purpose or in any manner, to an amount which, in- 
 cluding existing indebtedness, shall exceed ten per centum of 
 the assessed valuation of the real estate of such county or city, 
 subject to taxation as it appeared by the assessment rolls of 
 said county or city on the last assessment for state or county 
 taxes prior to the incurring of such indebtedness; and all 
 indebtedness in excess of such limitation, except such as 
 may now exist, shall be absolutely void, except as herein 
 otherwise provided. Xo county or city whose present in- 
 debtedness exceeds ten per centum of the assessed valuation 
 of its real estate subject to taxation shall be allowed to be- 
 come indebted for any further amount until such indebted- 
 ness shall be reduced within such limit." 
 
 At the time of the original adoption of this provision in 1884, 
 as well as at the time of its re-adoption in 1894, and subsequently 
 and until after the passage of the s^U'cial franchise tax law of 1899, 
 no special franchises were assessed for purposes of taxation in any 
 city of this State. They first appear on the City's assessment rolls 
 in 1901. At the time of the passage of the special franchise tax 
 law " real estate " had a definite, fixed, technical meaning. It was 
 defined by the Revised Statutes as " lands, tenements and heredita- 
 ments,'' and is still so defined by the Revised Statutes. When the 
 Constitution was passed, jxrsonal ]>ro|)erty, although tangible, was 
 excluded from the basis for the calculation of the debt limit, and 
 special franchises as taxed and as defined by the law of 1899 is 
 a new s]->ecies of intangible property. Subdivision 3 of Section 2 
 of the Law of 1899 provides: 
 
 " The terms ' land,' * real estate,' and ' real property ' as 
 used in this chapter, include the land itself above and under 
 water, all buildings and other articles and structures, sub- 
 structures and superstructures erected upon, under or above 
 the same or affixed to the same, etc., etc., all surface, under- 
 ground or elevated railroads, including the value of all fran- 
 chises, rights or permission to construct, maintain or operate 
 
42 
 
 the same in, under, above or tliroiigh streets, highways, etc., 
 etc., and all mains, pipes and tanks laid or placed in, upon, 
 above or under any public or private street or place for 
 conducting steam, heat, water, oil, electricity or any property, 
 substance or product capable of transportation, etc., etc., in- 
 eluding the value of all franchises, rights, authority or per- 
 mission to construct, maintain, operate, etc., etc., any mains, 
 pipes, tanks, conduits, or wires, etc., etc., for conducting 
 water, steam, heat, light, power, etc." 
 
 The Court of Appeals held that this law created 
 
 " a new system of taxation, brought within its range a new 
 character of property, and assigned the duty of making the 
 valuation to the state board of tax commissioners * * * 
 throughout the entire state. * * * The system thus 
 created had never been known before, and as its main sub- 
 ject the act dealt with special franchises, which had never 
 been taxed before. Property unknown as the subject of taxa- 
 tion to the framers of any of our constitutions was brought 
 into the system, which required new methods of valuation 
 and the exercise of functions which had never belonged to 
 local assessors. The property was sui generis, and from its 
 nature could not be valued by local assessors. * * * The 
 valuation of special franchises had never been attempted be- 
 fore, but presented a new field of action and called for the 
 exercise of new and different functions. They could not be 
 seen, handled, measured, weighed or counted. They were 
 specialties, and had no market value. There were no sales 
 to guide, and no experience from ownership, rental or use to 
 rely upon. The new property is real estate in name hut not 
 in reality, for it is a mere privilege to do something in public 
 streets and places not permitted to citizens generally." 
 
 It will be noted that the definition which includes special fran- 
 chises in " lands," " real estate " and " real property " is given " as 
 used in this chapter." The point is now raised that the term " real 
 estate " as used in the special franchise law is not the term " real 
 estate " as used in the Constitution ; that the Legislature cannot en- 
 large the meaning of the Constitution directly by the attribution 
 of new meanings to terms used in the Constitution, nor indirectly 
 by the attribution to the Constitution of new meanings adopted 
 by the Legislature for purposes within its power but not referred . 
 to in the act or foreseen by the Constitution. If this contention 
 
43 
 
 be correct, then the assessed value of real estate as of July 6, 
 1908, will have to be reduced by the amount of $492,490,470, 
 thus reducing the basis of the calculation for the determination 
 of the City's borrowing capacity by 10 per cent, of such sum, or 
 $19,249,047. This is a matter of vital importance, and as it is 
 answered in one way or the other, must determine the immediate 
 future course of the municipal authorities in respect of the fur- 
 tlier it^sue of cori>orate stock. 
 The questions here raised are: 
 
 1st. Did the Legislature intend to enlarge the City's borrowing 
 capacity ? 
 
 2d. If such was its intention, had it the power to carry such 
 intention into effect? 
 
 The questions involved have been passed upon but once, and by 
 the Appellate Division — KTonshein v. Rochester, 7G App. Div. 
 494 — which does not seem to have been considered with a view- 
 to the full consequences of the decision in their relation to the 
 fundamental purpose of the Constitution. 
 
 There can be no question about the power of the Legislature to 
 prescribe the method for determining the borrowing capacity of the 
 City, provided such prescription is not obnoxious to the Constitu- 
 tion in that it would permit an extension of the municipal borrow- 
 ing capacity beyond the 10 per cent, limit. That the Legislature 
 has power to settle all of these questions, and to make it impossible 
 in the future that there should be any doubt as to how the City's 
 borrowing capacity shall be calculated, and incidentally thereto as 
 to whether any issue of bonds is or is not invalid, is beyond doubt. 
 Such being the ease, we arc of the opinion that the Legislature 
 should be asked to pass a law applicable alike to all cities of the 
 State, but in any event applicable to The City of Xew York, which 
 should require the statement to be made as follows: 
 
 1. To include all assessment bonds due and outstanding, with- 
 out deduction therefrom of amounts due the City on account r»f 
 property benefited. 
 
 2. To include all outstanding revenue bonds issued for account 
 of all taxes which shall have remained unpaid for more than two 
 vears. 
 
44 
 
 3. To include an adequate estimate for all claims against the 
 City in course of settlement, or which may be reduced to judgment 
 in pending suits to which the City is defendant, and which claims 
 or judgments are not payable out of the proceeds of revenue bonds. 
 
 4. To include the maximum estimated cost to the City, includ- 
 ing interest and all legal costs, fees, disbursements and expenses, 
 of the acquisition by the City of all real estate at the date of such 
 statement, in actual course of condemnation; all awards made in 
 condemnation proceedings and payable by the City, where such 
 awards remain unpaid; and all sums to be paid under contracts 
 for purchase without condemnation. 
 
 5. To include the aggregate of all contracts which have been 
 duly awarded and signed by the head of any department, whether 
 the same shall or shall not have been certified by the Comptroller. 
 
 6. To make no deduction from the City's indebtedness on ac- 
 count of cash in the City Treasury, proceeds of the sale of corpo- 
 rate stock or bonds, other than revenue bonds and special revenue 
 bonds, where such cash is mingled with other cash in the treasury 
 and has not been specifically appropriated and set aside for the 
 purposes of the account for which the stock or bonds of which such 
 cash is the proceeds were issued. 
 
 7. To make no deduction on account of any iminvested cash in 
 any of the sinking funds. 
 
 S. To make no deduction of the amount of any bonds of the 
 City held by any of the sinking funds, which bonds are by con- 
 stitutional provision exempted from the calculation of the City's 
 borrowing capacity. 
 
 If the Constitution did not mean that special franchises should 
 be used as a basis for calculating the City's borrowing capacity, 
 then the Legislature will have no power to permit the continuance 
 of the present practice; but on the other hand, the Legislature 
 would have the power, as we are advised, if it saw fit, itself to solve 
 the question by providing that in estimating the borrowing ca- 
 pacity of the City such special franchise assessments should not 
 be used as a basis of calculation. 
 
 We are of the opinion that when the borrowing capacity of the 
 City has been so nearly exhausted as it appears at the present 
 
45 
 
 time to he, whatever borrowing capaeit}' remains should be treated 
 purely as a factor of safety. That the City is in its present con- 
 dition, and that the borrowing capacity is at the moment so 
 limited, is manifestly due, among other things, to the fact of the 
 City's failure to collect its taxes and assessments. There was due 
 the City as of November 1st, for unpaid taxes and assessments 
 for the year 1000 and prior years, the following: 
 
 Real estate taxes $U,418,708 
 
 Special franchise taxes 17,1)04,830 
 
 Personal property taxts o2,. '340,52 8 
 
 Assessments (to date) about JO, 000, 000 
 
 $85,730,006 
 
 There should be no doubt about the coUec-tion of the arrears of 
 real estate taxes. 
 
 There should be no doubt about the collection of part of the 
 special franchise taxes, but how much is entirely problematical. 
 
 It is impossible to say how much of the personal proj)erty taxes 
 can ever be collected. As a matter of fact, during the past year 
 over $9,000,000 of personal property taxes have been written off 
 the books as uncollectable, which sum is not included in the fore- 
 going figures. 
 
 If the collectable arrears of taxes and assessments were actually 
 in the City Treasury at the present moment, the City's financial 
 necessities would be relieved to that extent. 
 
 All of which is respectfully submitted, 
 
 wiLLiA]\[ :m."^ IVINS, 
 
 Chainnan, Xew York Charter Cojntnission. 
 E. R. L. GOULD, 
 
 Chairman, Cominiitcc on the Debt Limit. 
 GEORGE L. DUVAL, 
 GEORGE McAXKXV, 
 IIERMAX A. :METZ. 
 
 ('umjitroUrr. 
 
46 
 
 New YoiiK, January 22, 1909. 
 
 To THK Go\'KRrvOK : 
 
 Sir: 
 
 Since the conmiunicatiun to you of the New York Char- 
 ter Commission's Committee on Debt Limit, dated December 12, 
 1908, we have made a further investigation of certain items of 
 the City's accounts, and the result bears so directly upon the 
 matter of the City's borrowing capacity under the present consti- 
 tutional limitation that we regard it our duty to lay the facts be- 
 fore you now, while constitutional amendment and the method of 
 calculating the City's indebtedness are under consideration. 
 
 In the financial statement furnished to the Charter Commission 
 by the Comptroller in June last, the sum of $51,000,000 appeared 
 as uncollected taxes of the year 1904 and years prior thereto, 
 against which only $9,000,000 of revenue bonds were outstanding, 
 and all of the City's obligations for appropriation purposes had 
 apparently been discharged except as to some $5,000,000 of claims 
 then pending and in process of adjudication. Thus, the City had 
 used $37,000,000 for appropriation purposes which was derived 
 from some undisclosed source. 
 
 It was attributed by the Comptroller's office to " trust funds, 
 etc.," meaning thereby " special and trust funds," a term employed 
 in the Department to describe the unexpended credit balances of 
 various accounts, but no more specific explanation could be given 
 without an exhaustive examination of the accounting, extending 
 back over many years. 
 
 For obvious i-easons it would entail much additional labor and 
 expense to take as a basis for the inquiry an intermediary state- 
 ment of the Comptroller, such as that of May 31, 1908, and as the 
 same purpose will be served by taking an annual statement as the 
 basis, we have taken that of December 31, 1907 (say January 1, 
 1908). We treat of round amounts only, as that will suffice to 
 illustrate the facts and principles to which your attention is re- 
 spectfully directed : 
 
 Uncollected Taxes, Dec. 31, 1907 $102,800,000 
 
 This amount included an estimate of Taxes prob- 
 ably uncollect able, which amount was carried 
 to the credit of a provisional account 3,500,000 
 
47 
 
 Leaving available for appropriation piirpu.>es $99,300,000 
 
 which with cash in the Treasury at that time. . . . 7,500,000 
 
 formed a total of $106,800,000 
 
 subject to deduction for warrants 
 outstanding against the City 
 treasury $10,000,000 
 
 for claims unsettled partly in proc- 
 ess of adjudication $18,000,000 
 
 $28,000,000 
 
 So that the City had Ur^t-d fi»r appropriation pur- 
 poses which should have been derived from 
 the uncollected taxes $7.^,800,000 
 
 Against this, revenue bonds were outstanding to 
 
 the extent of 5;},000,000 
 
 The City had thus sj^ent in round figures $•_>:., 800.000 
 
 more than it had apparently received, and it 
 now appears that this deficiency was made 
 good by the use of Special and Trust Funds 
 as follows: 
 
 1. Assessmint Accounts — comprising funds ac- 
 
 quired by the City through the sale of bonds 
 for street and park openings, as well as col- 
 lections made on this behalf from interests 
 benefited $1.'.>00.000 
 
 2. Trust Funds proj)er, including a bequest to the 
 
 City for the construction of a fountain, 
 various intestate estates and unclaimed war- 
 rants and salaries 080,000 
 
 3. Special Account, including deposits made with 
 
 the City against its liability for restoring and 
 repaving streets, and the unliquidated bal- 
 ance of the TJrooklvn water fund :>,800.(X)0 
 
 4. Boroughs.-- The balanrc at the credit of this 
 account arises from the assets received from 
 the several TJorouiihs at the time of consoli- 
 
48 
 
 dation, as far as realized, in excess of the 
 pa^Tuents made on account of the liabilities 
 of the various Boroughs assumed by the City. 
 This account is chargeable with the interest 
 upon the bonded debt of the different 
 Boroughs, and to some extent has been 
 charged with the payment of the maturing 
 bonds. This practice, however, has been 
 variable, and both the principal and interest 
 of the Borough bonds are frequently pro- 
 vided for by taxation $1,500,000 
 
 Excise Funds. — These funds, recovered in 1907, 
 after the payment of several of the pension 
 appropriations chargeable against them were 
 carried forward into the following year, when 
 after further deductions for the teachers' re- 
 tirement fund, etc., they were carried into the 
 general fund for the reduction of taxation, 
 but in the meantime, being merged in the 
 common fund in the City Treasury, were 
 used by the City for its general purposes. ... 5,100,000 
 
 $12,980,000 
 
 6. General Fund balance. — Excess of collection 
 
 over the estimated revenues which were de- 
 ducted from the budget of 1907, which until 
 deducted from the budget of the following 
 year was available for general purjx)ses. . . . 650,000 
 
 7. Bond Accounts. — Balance unexpended to the 
 
 credit of the various accounts to which have 
 been allotted the proceeds of the sale of bonds 
 for specific purposes, and not for the general 
 purposes of the Treasury 7,200,000 
 
 8. Bond Accounts unallotted. — Being balances to 
 
 the credit of various provisional accounts, the 
 proceeds of sales of bonds not yet allotted to 
 the specific account to which they belong. . . . 4,800,000 
 
 Total $25,630,000 
 
4".> 
 
 (Note: The difference between this total and that of $25,800,- 
 000 given above is accounted for by the fact that only round 
 amounts are dealt with.) 
 
 Some part of the $25,630,000 is undoubtedly a surplus, i. e., a 
 provision has been made for the use of many of the several ac- 
 counts referred to in excess of their requirements. To the extent 
 of such surplus the use of those funds will not })ractically affect 
 the statement of the City's debt, but it is impossible to determine 
 to just what extent such a surplus will be shown. 
 
 It would seem that items 1, 2, 3, 4 and 7 are such as not only to 
 fall within the spirit, but within the letter, of the Constitution, 
 and should be treated as indebtedness for the purposes of the con- 
 stitutional requirement. They aggi-egate in round figures 
 $13,580,000, and would extinguish the margin of borrowing ca- 
 pacity as shown in our report to you of December 12, 1908, as of 
 the condition of the City's indebtedness on November 1, 1908. 
 
 As to the other items, there may be some doubt as to their 
 proper treatment, but they would appear to be properly attribu- 
 table to the sur])lus above referred to. 
 
 This practice of keeping in a common fund all of the City's 
 moneys, from whatever source derived, and making all disburse- 
 ments from that fund, is responsible for the conditions above set 
 forth. The practice dating back, however, for many years, has 
 become traditional, but on November 12, 1904, a change was made 
 in the method of bookkeeping which tends to further confusion, 
 and has resulted in the deduction since that time from the state- 
 ment of the City's indebtedness of the balance of unallotted pro- 
 ceeds from the sale of bonds. Prior to November 12, 1904, the 
 practice was to credit directly to the account for the benefit of 
 which the bonds were issued the proceeds of their sale. This 
 implied either a separate sale of a part or the whole of any one 
 issue authorized, or the immediate allocation of the proceeds of a 
 general sale of bonds. The credit balances formerly apjvaring 
 in the specific accounts to which the proceeds of tlie bonds were 
 credited were not deducted from the City debt, but on the other 
 hand the contract and land liability affecting those balances was 
 not included in the City debt. The present practice, dating from 
 1904, is to credit the proceeds of bond sales to either of the fol- 
 lowing provisional accounts: 
 
 Proceeds of the sale of Iwnds for various municipal purposes: 
 Proceeds of the sale of bonds for water purposes ; 
 
50 
 
 Proceeds of the sale of bonds for rapid transit purposes ; 
 Proceeds of the sale of bonds for New York Public Library 
 
 The three accounts first named each cover several subdivisions, 
 and as the funds are required by either subdivisions an allotment 
 is maae. The balances unallotted, whether or not the entire con- 
 tract and land liability outstanding against them be included as a 
 part of the debt, are deducted from the City's debt in the method 
 of computation at present prevailing, except the balances at the 
 credit of " water purposes," because the bonds for those purposes 
 are exempt by law from the debt limit. It is apparent that such 
 deduction from the City debt may at any time be excessive, as- 
 suming that it be authorized at all. As a matter of fact, the deduc- 
 tion from the debt on December 31, 1907, seems to have been 
 entirely unwarranted, as it was not represented by cash in the 
 treasury. At that time, the warrants outstanding against the 
 treasury amount to some $10,000,000 as against the cash balance 
 of $7,500,000, or an overdraft of nearly $2,500,000. 
 
 All of which is respectfully submitted, 
 
 WILLIAM M. IVINS, 
 
 Chairman, New Yo7-k Charter Commission, 
 E. R. L. GOULD, 
 
 Chairman, Committee on the Debt Limit. 
 G. L. DUVAL. 
 GEORGE McANENY. 
 
APPENDIX I. 
 
 SYNOPSIS OF CHARTER. 
 
APPENDIX L 
 
 SYNOPSIS OF CHARTER. 
 
 CHAPTER I. 
 
 Constitution, Boundaries, Boroughs, Rights, Powers, Obligations 
 
 and Actions. 
 Section 1. The city continued as a municipal corporation. 
 
 2. The corporate name and corporate powers of the city. 
 
 1. To taiie, purchase and lease real and personal property. 
 
 2. To take real and personal i)roj)erty by gift or bequest, and 
 
 to agree on the terms and conditions with the grantor or 
 donor. 
 
 3. The common seal. 
 
 4. To contract, sue and be sued. 
 
 5. To have all powers necessarily implied which are essential 
 
 to the exercise of its corporate functions. 
 
 6. To be no abridgment of the rights, powers or privileges of 
 
 the city. 
 
 3. Powers of local administration and government vested in the city. 
 
 4. The legal obligations of the city confirmed. 
 
 5. Definitions: "city," "person," "officer," "employee," "council- 
 
 man," " franchise," " street," " Port of New York," " adminis- 
 trative code," " water front property." 
 G. City's rights and title in water front, parks and streets to b« 
 inalienable. 
 
 7. Franciiises; how granted. 
 
 8. Consents and agreements to the exercise of franchises to be made 
 
 by the Board of Estimate and Apportionment. 
 
 9. Confirmation of grants of land under water. 
 
 10. Provisions regarding future grants of land under water. 
 
 11, 12. Actions against the city. 
 
 13. How unexecuted contracts to l>e performed. 
 
 14. City and departmental seals. 
 
 15. Borough boundaries. 
 
 CHAPTER n. 
 General Provisions Regarding the Duties of Officers. 
 
 Section 16. OfiTiccrs, boards, commissions and employees declared trustees. 
 
 17. Penalty for violation of trust. 
 
 18. Officers or employees not to be interested in contracts, and not 
 
 to be stockholders in corporations having contracts with the city. 
 10. No expenses to be incurred until the appropriations have beeu 
 made. 
 
 20. Expenditures to be regulated so as not to exceed the amount 
 
 appropriated. 
 
 21. l.No officer or employee to hold any other public office or emohi 
 
 ment. 
 2. Or to he trustee in bankruptcy, receiver, referee or commissioner 
 in couilenmation pro(Teding>». 
 
IV 
 
 Section 21. 3. If noniinated for elective office to resign from the city's service. 
 
 4. Not to contribute to political funds or be members of organiza- 
 
 tions created for the purpose of eflFecting legislation in their 
 own behalf. 
 
 5. Not to be officers of political committees or delegates to con- 
 
 ventions. 
 
 22. Office to become vacant when incumbent removes from the city or 
 
 from the borough for wliich he was appointed. 
 
 23. Mayor, president of council, comptroller and borough presidents 
 
 to be removable by the Governor. 
 
 24. Elective officers wlio shall have been removed not eligible for 
 
 reappointment for the same term. 
 
 25. In case of vacancy, persons appointed to fill the office to be of 
 
 the same political party as last incumbent. 
 
 26. No officer or employee to receive fees or emoluments. 
 
 CHAPTER III. 
 The Council. 
 
 Section 27. Legislative jmwer vested in the council. 
 
 28. The president; term and salary. 
 
 29. Vacancy in presidency; how filled. 
 
 30. Council, how composed; its organization; heads of departments to 
 
 have seats in council; councilmen to serve without salaries. 
 
 31. Council districts: 14 in Manhattan, 11 in Brooklyn. 6 in The 
 
 Bronx, 5 in Queens and 3 in Richmond; apportionment. 
 
 32. Councilmen; when and how elected. 
 
 33. Sessions of the council. 
 
 34. General powers of the council. 
 
 35. Power of the council to amend administrative code. 
 
 36. Ordinances; how passed. 
 
 «7. Ordinances; passage over veto. 
 
 38. Present ordinances continued. 
 
 39. Ordinances to be codified. 
 
 40. Council not to alter the terms of contracts, and not to allow 
 
 claims against the city. 
 
 41. Powers of council with regard to budget and tax levy. 
 
 42. Council to appoint commissioners of deeds. 
 
 43. Council may appoint special committees to inevestigate city govern- 
 
 ment, 
 
 CHAPTER IV. 
 The Executive. 
 
 Section 44. Executive power vested in the mayor; eligibility; salary. 
 4.T. Mayor; when and how elected. 
 
 4G. When the president of the council shall act as mayor; powers of 
 the president of the council wlien acting as mayor. 
 
 47. The duties of the mayor. 
 
 48. The mayor to appoint heads of departments, commissioners of 
 
 inquiry, justices of Special Sessions and city magistrates, an 
 advisor}' board on city plan, and others. 
 
 49. Mayor to appoint municipal civil service commission. 
 
 50. Mayor to appoint a commissioner of inquiry. 
 
 51. List of administrative departments. 
 
CHAPTER V. 
 
 Board of Estimate and Apportionment. 
 Section 52. Board, liow constituted. 
 
 53. Borough presidents; liow elected; how removed; vacancies, how 
 
 filled; salaries. 
 
 54. Meetings of the board of estimate and apportionment. 
 
 55. Borough presidents to devote their e.vclusive attention to ih.i 
 
 duties of the board of estimate. 
 50. \'otes nquiied for | as.sage of resolutions. 
 
 57. Bureau.s in liie board of estimate: 
 
 1. Bureau of I'ublic improvements and engineering, 
 
 2. Bureau of franchises, 
 
 3. Bureau of real estate, 
 
 4. Jiureau of claims, 
 
 5. Bureau of salaries, 
 
 G. Bureau of statistics and publicity, and 
 7. Bureau of supplies. 
 
 58. Powers and functions of bureaus. 
 
 59. Board to ti.\ all salaries and comi)en8ations, other than thai of dav 
 
 laborer. 
 
 60. (il,62. Tlie budget; how made and what to provide for. 
 
 03. What moneys to be paid into the general fund. 
 
 04. Powers of the board of estimate and apportionment. 
 
 65. The board to formulate a comprehensive plan of development and 
 
 improvement. 
 
 66. Board may adjust claims. 
 
 67. Board to designate banks of deposit. 
 
 08. Board to prescribe standard in all classes of supplies. 
 
 09. To require oflicers and employees to file undertakings. 
 
 70. To prescril)e general rules for the form of keeping city accounts, 
 
 and a uniform system of departmental accounting. 
 
 71. To determine what proportion of cost of local improvements shall 
 
 be borne by the city. 
 
 72. To publisli a quarterly debt limit statement, to be calculated a? 
 
 provided. 
 
 73. The corporation counsel to report annually to the board of esti- 
 
 mate and apportionment a list of condemnation proceedings. 
 
 CHAPTER VI. 
 The Sinking Funds. 
 
 Section 74. Board of sinking fund coniini-isioiHrs, Ik.w constitutcfl; duties 
 of the board. 
 
 75. l.ist and description of sinking funds. 
 
 76. Sinking fund of The City of New York conlinued. 
 
 77. Revenues payable into the sinking fund of The City of New York. 
 
 78. Sinking fund for the payment of interest. 
 
 79. 1. Provisions for sinking funds declared to constitute contract 
 
 between the city and its creditors. 
 2. Sinking fund revenues not to be diverted. 
 
 80. Sinking fund not to b6 impaired. 
 
 81. Consolidated stock to be a lien on the sinking fund. 
 
 82. Provisions in case of inadequacy of revenues of sinking fvnd. 
 
 83. Power of commissioners to redeem obligations of the city 
 
CHAPTER VII. 
 Corporate Stock, Bonds and Obligations. 
 
 Section 84. Obligations of the city classified. 
 
 85. Twelve votes in board of estimate required to authorize obliga- 
 
 tions; premiiuns on sale of such obligations to be paid into 
 general fund. 
 
 86. Definition of different classes of city obligations, and the pur- 
 
 poses for which they may be issued. 
 
 87. City obligations to be exempt from taxation. 
 . 88. Form of corporate stock. 
 
 89. Interest not to exceed 4 per cent, on corporate stock or 5 par 
 
 cent, on assessment bonds. 
 
 90. Bonds and stock of the city to be sold at public sale. 
 
 91. Registration of corporate stock and bonds. 
 
 92. Assessment bonds; for what purposes issued. 
 
 93. Street and park opening fund. 
 
 94. 1. Street and park opening assessment bonds; how payable. 
 2. Awards; how payable. 
 
 9.5. Street improvement fund. 
 9G. Special revenue bonds. 
 
 97. Revenue bonds. 
 
 98. General fund bonds. 
 
 CHAPTER VIII. 
 
 Administrative Departments. 
 
 TITLE I. 
 
 General Provisions. 
 
 Section 99. General powers of heads of departments. 
 
 1. Board of estimate and apportionment to fix salaries. 
 
 2. Heads of departments to make deductions for absence. 
 
 3. No officer or employee to be removed without an oppor- 
 
 tunity of being heard. 
 
 100. 1. Appointment of deputies to act in absence of commissioners. 
 
 2. Appointment of borough deputies. 
 
 3. Deputies to perform duties as prescribed by heads of depart- 
 
 ments. 
 
 101. When officers may call and examine witnesses. 
 
 102. Jurisdiction and powers of departments continued; heads of de- 
 
 partments to prescribe duties of officers and employees, and to 
 adopt rules and regulations; what rules and regulations con- 
 tinued. 
 
 103. Board of estimate and apportionment may authorize the estab- 
 
 lishment of branch offices in boroughs. 
 
 104. Pension funds continued. 
 
 105. Definitions. 
 
Vll 
 
 TITLE 2. 
 Finance Department. 
 
 Section 106. The comptroller; eligibility, election, salary and bond. 
 
 107. Vacancy, how filled. 
 
 108. Comptroller to be auditor and chief disbursing officer; subject to 
 
 rules of the board of estimate and apportionment, to prescribe 
 forms of keeping all city accounts. 
 
 109. Claims requiring comptroller's certificate before payment. 
 
 110. Bureas: 
 
 1. Bureau of audit. 
 
 2. Bureau of accounts. 
 
 3. Bureau of disbursements. 
 
 4. Bureau of records. 
 
 TITLE 3. 
 The City Treasury, 
 
 Section 111. Chamberlain to be city and county treasurer; to pay all warrant*. 
 
 112. Bureaus: 
 
 1. Bureau of the city treasury. 
 
 2. Bureau of revenue, the head of which shall be known as 
 
 receiver of taxes and revenues. 
 
 3. Bureau of licenses, the head of which shall be known as 
 
 chief of the bureau of licenses. 
 
 113. What provisions of the Code of Civil Procedure applicable to 
 
 chamberlain. 
 
 114. Duties of chamberlain as prescribed by general >»*W9. 
 
 TITLE 4. 
 
 Tax Department. 
 
 Section 115. Board of taxation; liow constituted. 
 IIG. Deputy tax conimis-^ioners. 
 
 117. Duties of tax department. 
 
 118. Powers of tax department. 
 
 119. The assessment roll for real property. 
 
 120. The assessment roll for personal property. 
 
 121. Form of assessment rolls. 
 
 122. Assessment rolls to be open to inspection. 
 
 123. Applications to reduce assessments. 
 
 124. When the department may reduce or cancel assessments. 
 
 125. When assessments may be added to the assessment roll. 
 
 126. Certification of assessment rolls to council. 
 
 127. Tax roll. 
 
 128. Taxable status to be fixed as of January first of each year. 
 
 129. Taxes to become due October first of each year. 
 
 130. Assessments may be apportioned. 
 
 131. What shall In? deemed public notice of assessments lor purposes 
 
 of taxation. 
 
TITLE 5. 
 Law Department. 
 
 Sections 132, l:io. Tlie corporation counsel; his duties. 
 
 134. He slial! liave i)o\ver to settle actions or confess judgment not 
 
 in excess of !^1,C00. 
 
 135. First assistant corjjoration counsel ; duties of. 
 
 136. Corporation counsel and his assistants not to practice law ex 
 
 cept as representing the city. 
 
 137. Bureaus. 
 
 138. Branch office in Brooklyn. 
 
 139. Officers and employees of the city not to employ private counsel. 
 
 TITLE 6. 
 Police Department. 
 
 Section 140. Police commissioner; eligibility, term, and method of removal. 
 
 141. Commissioner to appoint four deputies; their duties. 
 
 142. Commissioner to appoint a trial deputy; his duties. 
 
 143. Commissioner to make rules, orders and regulations for the dis- 
 
 cipline of the force. 
 
 144. Police force continued. 
 
 145. Bureaus. 
 
 146. Powers of the commission-er. 
 
 147. Contingent fund. 
 
 148. Duties of commissioner ai-J members of police force as peace 
 
 officers. 
 
 149. Power to arrest without warrant. 
 
 150. The department to co-operate with the other departments. 
 
 151. Members of police force not liable to military or jury duty. 
 
 152. Resignation of members ; absence without leave ; fines and penalities. 
 
 153. 1. Penalty for neglect, inefficiency, violation of rules, disobedience 
 
 of orders, etc. 
 
 2. Notice of charges to be given. 
 
 3. Commissioner to adopt trial rules, to be approved by Appellate 
 
 Division of Supreme Court. 
 
 4. Trials; how conducted. 
 
 5. Place of trial. 
 
 6. Power of suspension j)ending trial. 
 
 154. Review of trials. 
 
 155. Age of retirement. 
 
 TITLE 7. 
 Health Department. 
 
 Section 156. Health commissioner to be executive officer. 
 
 157. Jurisdiction. 
 
 158. Duties. 
 
 159. Powers. 
 
 160. Bureaus. 
 
 161. 162. The Sanitary Code. 
 
IX 
 
 Section 163. Department to liave cliarge of lios|)itai3 for contagious diseases. 
 
 104. Powers of dei)iirtnient in case of imminent |)eril to public health. 
 
 165. Power to destroy adulterated food. 
 
 166. Office of coroner abolished. 
 
 167. Department of healtli to liave exclusive charge of autopsies here- 
 
 tofore i)erformed by coroners. 
 
 168. Chief medical examiner and medical examiners; qualifications. 
 
 169. Duties of chief medical examiner and medical examiners. 
 
 170. When autopsies to be performed u[X)n the order of a city magis- 
 
 trate. 
 
 171. When inquest to be held by city maL'istrate. 
 
 172. Definition of " lodi'in" house." 
 
 TITLE 8. 
 Fire Department 
 
 Section 173. General duties and jurisdiction. 
 
 174. Powers of the commissioner. 
 
 175. 1. Deputies. 
 
 2. Trials of members of tiie fire force. 
 
 176. Fire force continued and defined. 
 
 177. Bureaus. 
 
 178. Eligibility of members of the fire force. 
 
 179. Exemption of fire force from military and jury duty. 
 
 180. Conditions of resignation. 
 
 181. Trials to be had before second deputy. 
 
 182. Appeals from trial by deputy commissioner. 
 
 183. Age of retirement. 
 
 TITLE g. 
 Department of Education. 
 
 Section 184. Existing board of education abolished. 
 
 185. Rights, powers and trusts of old board vested in new board. 
 
 186. Schools to be free. 
 
 187. All educational property to be under control of department. 
 
 188. Board to consist of fifteen members; appointment and term of 
 
 oflTice. 
 
 189. Vacancies, how tilled. 
 
 190. The board to appoint administrative and su|)ervising stafT. 
 
 191. How members of administrative and supervising staff may be 
 
 removed. 
 
 192. Powers of the board. 
 
 193. Board of suporintondents. 
 
 194. Members of the teaching staff. 
 
 195. Appointments and promotions. 
 
 196. Board to report to State Superintendent of Public Instruction 
 
 annually. 
 
 197. Board shall appoint local school boards. 
 
 198. Proliibition of sectarian teaching. 
 199,200. College of The City of New York. 
 201. Normal College of The City of New York. 
 
TITLE 10. 
 Department of Docks and Ferries. 
 
 Section 202. General powers of commissioner. 
 
 203. Duty of commissioner to set apart water front and wharf property 
 
 for particular purposes. 
 
 204. Commissioner to execute ferry leases. 
 
 205. Commissioner to operate ferries. 
 
 206. Functions and powers of commissioner with regard to improve- 
 
 ment of water front. 
 
 207. Definitions. 
 
 TITLE II. 
 Park Department. 
 
 Section 208. Park board continued. Commissioners and their duties. 
 
 209. General jurisdiction. 
 
 210. Duties of park commissioners. 
 
 211. Property granted or donated for special purposes in the parks to 
 
 be managed in accordance with the terms of the grant. 
 
 212. Control of the Harlem river water front transferred to the dock 
 
 department. 
 
 213. Duties of commissioners in maintenance and control of parks. 
 
 214. Commissioners to continue contracts with Metropolitan Museum 
 
 of Art, American Museimi of Natural History, and other institu- 
 tions in parks in all boroughs. 
 
 TITLE 12. 
 Department of Water Supply. 
 
 Section 215. General jurisdiction of the commissioner. 
 
 216. Powers of the commissioner. 
 
 217. Power of the commissioner to contract. 
 
 218. Duties of the commissioner. 
 
 219. For what commissioner shall be responsible. 
 
 220. Reservoirs to be subject to sanitary regulations. 
 
 221. Powers of State Water Supply Commission not impaired. 
 
 222. Office of aqueduct commissioner abolished. 
 
 223. Powers of commissioner of water supply, gas and electricity with 
 
 respect to water supply continued. 
 
 TITLE 13. 
 
 Department of Street Control. 
 
 Section 224. Jurisdiction and powers of commissioner. 
 
 225. Commissioner to have no jurisdiction over park or water front 
 
 property. 
 
 226. When commissioner authorized to grant permission to open 
 
 streets. 
 
 227. Department of street cleaning abolished. 
 
 I 
 
Section 228. Bureaus: 
 
 1. Bureau of street cleaning. 
 
 2. Bureau of highways. 
 
 3. Bureau of sewers. 
 
 4. Bureau of gas and electricity. 
 •5. Bureau of public buildings. 
 
 G. Bureau of incumbrances. 
 
 229. Employees exempt frum military and jury duty. 
 
 230. Contracts for removal of ashes and garbage. 
 
 231. Street pavements and surfaces not to be disturbed. 
 
 232. Sewage disposal works. 
 
 233. Commissioner to employ consulting engineer. 
 
 TITLE 14. 
 Bridge Department. 
 Section 234. General jurisdiction and powers. 
 235. ]5ridges to be public highways. 
 
 TITLE 15. 
 Building Department. 
 
 Section 23G. The conunissioner ; qualifications and general jurisdiction. 
 
 237. ]Jorough bureaus. 
 
 238. Powers. 
 
 239. Power of commissioner, deputies and superintendents to enter and 
 
 inspect buildings. 
 
 240. Powers with regard to ordinance relating to construction of 
 
 buildings. 
 
 241. Powers of superintendent of buildings in the matter of construc- 
 
 tion and materials; appeals from decision of the superintendenf. 
 
 242. Onicers and cmployoea of the department not to be engaged in 
 
 certain businesses. 
 
 TITLE 16. 
 Tenement House Department. 
 
 Sections 243, 244. Duties of commissioner. 
 245. Bureaus. 
 24(!. Borough oflicers and bureaus. 
 
 247. Powers of commissioner over tenement houses infected with con- 
 
 tagious diseases. 
 
 248. When commis.^ioner may condemn. 
 
 249. Definitions. 
 
 TITLE 17. 
 Charities Department. 
 Section 250. General jurisdiction and duties of the comratesioner. 
 
 251. When commissioner may receive and treat nonresidents in ptiblic 
 institutions. 
 
 252. Commissioner to have charge and control of hospitals, almshouse? 
 etc. ' 
 
 253. Visitatoria: 
 
 254. Definitions. 
 
 etc. 
 253. Visitatorial powers of the commissioner 
 
TITLE i8. 
 Department of Corrections. 
 
 Section 255. General jurisdiction and powers of the commissioner. 
 
 256. Penitentiary to be removed to Riker's island. 
 
 257. Jurisdiction of commissioner over Riker's and Hart's islands. 
 
 TITLE 19. 
 Bellevue and Allied Hospitals. 
 
 Section 258. Board of trustees continued. 
 
 259. Board; how constituted and appointed. 
 
 260. Powers and duties of the board. 
 
 201. When nonresidents may be treated in hospitals under jurisdiction 
 
 of the board. 
 
 202. When patients may be transferred to the care of the charities 
 
 commissioner. 
 
 263. Bellevue Training School for Nurses. 
 
 264. Medical boards; how constituted. 
 
 CHAPTER IX. 
 
 Assessments for Local Improvements, and Awards for 
 Changes of Grade. 
 
 Section 265. Assessment defined. 
 
 266. Board; how constituted. 
 
 267. Duties of board. 
 
 268. Limit of assessment; for what assessments shall not be imposed. 
 209. Board of revision, and powers of board. 
 
 270. Suits to vacate assessments. 
 
 CHAPTER X. 
 Local Boards. 
 
 Section 271. Local improvement boards; how constituted. 
 272, 273, 274, 275. Powers of local boards. 
 
 CHAPTER XL 
 Acquisition of Real Property for Public Purposes. 
 
 Section 270. Real ])roperty to be acquired only on approval of board of esti- 
 mate, for public purposes. 
 
 277. Board of estimate to prescribe general rules for the purchase of 
 
 real property for public purposes. 
 
 278. How property shall be acquired for public purposes. 
 
 279. When title shall pass to the city. 
 
 280. How awards shall be collected against the city. 
 
 281. Definition of "real property." 
 
CHAPTER XII. 
 
 Municipal Civil Service Commission. 
 
 Section 282. All a|)|)oiiUinent8 of persons in the public service to be made ia 
 accordance with the provisions of the Civil Service Law. 
 
 283. Powers of municipal civil service commission. 
 
 284. No salaries to be paid except on certificate of civil service com- 
 
 mission. 
 
 285. Officers and employees of doparlnicnts abolislied to be placed on 
 
 reserve list. 
 
 CHAPTER XIII. 
 Inferior Local Courts. 
 
 TITLE I. 
 
 The Civil Courts. 
 
 Section 2S(). City Court continued. 
 287. Municipal courts. 
 
 TITLE 2. 
 
 Criminal Courts. 
 
 Section 288. The city divided into two divisions. 
 
 289. Court of Special Sessions and City Magistrates' Courts for eac 
 
 division continued. 
 200. Xunibor of justices in oaoli division. 
 291. Salaries and terms. 
 
 CHAPTER XIV. 
 Art Commission. 
 
 Section 292. How constituted. 
 
 293. Vacancies, how filled. 
 
 294. Members to serve without compensation. 
 
 295. 296. When approval of the commission required in respect of 
 
 works of art. 
 
APPENDIX II. 
 
 AN ACT to provide a charter for The City of New York. 
 
APPENDIX II. 
 
 AN ACT to provide a charter for The City of New York. 
 CHAPTER I. 
 
 Constitution, Boundaries, Boroughs, Rights, Powers, 
 Obligations and Actions. 
 
 The People of the Slate of Neiv York, represented in Senate 
 and Assembly, do enact as follows: 
 
 Section 1, The City of Xew York as constituted immediately 
 prior to the time this act takes effect is continued as a municipal 
 corporation with its then existing territory and boundaries. This 
 act may be cited by the short title " The Xew York City Charter." 
 
 § 2. The corporate name of the city shall continue to be " The 
 City of New York/' and under that name the citizens of the 
 state of New York from time to time inhabitants of the terri- 
 tory comprised within the boundaries of the city, shall continue 
 to be a body politic and corporate and a municipal corporation 
 in perpetuity, in law and in fact, with power of perpetual suc- 
 cession, subject to all existing legal obligations, without diminu- 
 tion or enlargement, and with all of the rights, properties, inter- 
 ests, claims, demands, grants, powers, duties, privileges and 
 jurisdictions now held by The City of New York. Subject to 
 the provisions of this act, the city shall have power : 
 
 1. To take, purchase, hold, lease, sell and convey such real 
 and personal property as the purposes of the corporation may re- 
 quire ; 
 
2. To take by gift, grant, bequest and devise ; to hold real and 
 personal property absolutely or in trust for any public use, in- 
 cluding education, art, ornament, health, charity or amusement, 
 parks, gardens, or the erection of statues, monuments, buildings 
 or other structures upon such terms or conditions as may be pre- 
 scribed by the gi-antor or donor and as may be accepted by the 
 city; and to provide for the proper administration of such prop- 
 erty; 
 
 3. To have, use and alter the common seal ; 
 
 4. To contract and be contracted with, to sue and be sued, and 
 to institute, prosecute, maintain and defend any action or pro- 
 ceeding ; 
 
 5. To have and exercise all rights, privileges and jurisdiction 
 essential to the proper exercise of its corporate functions, includ- 
 ing all that may necessarily be incident to, or implied from the 
 powers specifically conferred upon the city ; 
 
 6. To have and exercise all rights, privileges, functions and 
 powers prescribed under existing or subsequent laws. Nothing 
 herein contained shall be construed to limit or abridge any of the 
 rights, powers or privileges possessed by the city at the time 
 this act takes affect, all of which are hereby continued and con- 
 firmed. 
 
 § 3. All powers of local administration and government within 
 the territory comprised within the city shall be in and be exer- 
 cised by The City of 'New York. Except as herein otherwise pro- 
 vided, the council as in this act constituted shall exercise all the 
 powers vested in the corporation of The City of New York. 
 
 § 4. All valid and lawful charges and liabilities now existing 
 against The City of New York as constituted at the time this 
 act takes effect, shall be defrayed and answered unto by the 
 city only to the extent to which The City of New York as con- 
 stituted at the time this act takes effect would have been bound, 
 if this act had not been passed. 
 
 1. All bonds, stocks, contracts and obligations of the municipal 
 and public corporations and parts thereof united and consolidated 
 by chapter three hundred and seventy-eight of the laws of eighteen 
 hundred and ninety-seven, and the acts amendatory thereof to form 
 The City of New York, which in said acts were declared to be 
 obligations of The City of New York and which, at the time 
 this act takes effect, exist as legal obligations of said city, shall 
 be deomen like obligations of the city as herein continued ; and 
 all sucjr obligations as are authorized or required hereafter to 
 
be issued or entered into shall be issued or entered into by or in 
 the name of the corporation of The City of Xew York. 
 
 2. All laws or parts of laws heretofore passed creating any debt 
 or debts of the said municipal and public corporations and parts 
 thereof, or providing for or relating to the payment of such debts, 
 and every such law respecting the debts of The City of X< w York 
 as constituted immediately prior to the time this act takes effect, 
 shall remain in full force. 
 
 3. All pledges, taxes, assessments, sinking funds and other rev- 
 enues and securities heretofore provided by law for the payment of 
 any and all debts of the city, shall be enforced, maintained and 
 carried out by the city in good faith. So far as taxation may be 
 authorized to pay such debts or any of tlum, it shall extend 
 equally throughout the city, except that all assessments for b(netits 
 heretofore laid, or provided to be laid, for the payment of any 
 portion of such debts, shall be preserved and enforced. 
 
 § 5. Unless otherwise expressly stated, whenever used in this 
 act: 
 
 1. " City " means The City of Xew York as continued by this 
 act; 
 
 2. " Person " includes a natural person, corporation, company, 
 association, joint stock association, firm and copartnership; 
 
 3. " Ofiicer " includes all persons elected to office by the 
 qualified voters of the city or any division thereof; the heads of 
 departments and their deputies; the members of the board of edu- 
 cation and of all other boards and commissions appointed by the 
 mayor; the commissioner of inquiry and his deputies; the several 
 assistant corporation counsel; the superintendents of buildings; 
 the superintendent of police; the members of the local school 
 boards and of the administrative and supervising staffs of the 
 board of education named in section one hundred and ninety 
 hereof, other than the persons therein referred to as employees; 
 the city clerk, the cliief of the fire department, and their depu- 
 ties; the chiefs of bureaus; the justices of the courts of special 
 sessions and city magistrates. The board of estimate and appor- 
 tionment may by resolution designate any other person an officer, 
 and when so designated, such person shall be deemed an officer 
 within the meaning of this section ; 
 
 4. " Employee " includes every person other than an officer as 
 hereinabove defined whose salary or compensation is paid out of 
 the city treasury ; 
 
5. " Councilman " means a member of the council other than 
 the president ; 
 
 6. " Franchise " means any privilege, consent or agreement 
 to use the streets, parks, waters, waterways, rivers, the 
 water front, and land thereunder, or any public ground 
 or water which is within or belongs to the city, or 
 any of them or any part thereof, for the construction, operation, 
 or maintenance in, along, upon, acro:s, above or under the surface 
 thereof of railroads, conduits, subways, pipes, and all and any other 
 means of carriage, transportation or conveyance upon a fixed route, 
 of persons or property, including any product, water, oil, gas, 
 steam, air, electricity or other fluid, element or elements, telegraph 
 or telephone lines ; also ferries, bridges, tunnels or other means of 
 conveying passengers or property upon, above, across or under any 
 of the waters or waterways within the territorial limits of the 
 city. " Franchise " as herein defined shall not be deemed to in- 
 clude a license or permission or privilege to motors, automobiles, 
 cabs, carriages, hacks, trucks or other vehicles for the transporta- 
 tion of persons or property plying for hire in the streets and not 
 following a fixed route or routes ; 
 
 7. '' Street " includes avenue, road, alley, lane, highway, boule- 
 vard, concourse, driveway, bridge, tunnel, subway, parkway, and 
 every class of public road, square and place, except marginal 
 wharf ; 
 
 8. " Port of iSTew York " includes all the waters of the iRorth 
 river and the East river and the harbor embraced within, adjacent 
 to or opposite the shores of the city ; 
 
 9. " Administrative code " means the administrative code of 
 The City of J^ew York enacted by the legislature ; 
 
 10. " "Water front property " means all the wharf property, 
 marginal wharves, wharves, piers, docks, bulkheads, slips and 
 basins, and the waters, land under water, upland and made land 
 adjacent thereto, within the city, together with the easements, 
 uses, reversions, rights, privileges and appurtenances belonging 
 to the same ; excepting : — 
 
 (a) Such upland or made land as constitutes a highway; 
 
 (b) The driveway authorized by chapter one hundred and 
 two of the laws of eighteen hundred and ninety-three and acts 
 amending the same; or 
 
 (c) Such lands as have been or shall be acquired for public 
 parks. 
 
 § 6. The rights and title of the city in and to its water front 
 
property, ferries, public landings, parks, streets and the land 
 thereunder, and all other public places and real proix-rty, are 
 hereby continued in the city, and are declared to be inalienable 
 excej)! as in this act otherwise expressly provided. 
 
 § 7. Xo franchise or right to use the streets, waters or rivers 
 of the city, or any part of or lands under said streets, waters 
 or rivers, shall be granted under the authority of this act to any 
 person or corporation for a longer period than twenty-five years, 
 except as herein provided, but a grant may, at the option of the 
 city provide for giving to the grantee the right on a fair revaluation 
 or revaluations to renewals not exceeding in the aggregate twenty- 
 five years. Nothing herein contained shall apply to consents 
 granted to tunnel railroad corporations, nor to grants made pur- 
 suant to the rapid transit act, chapter four of the laws of eighteen 
 hundred and ninety-one or the acts amendatory thereof. The 
 board of estimate and apportionment is hereby authorized, in its 
 discretion to grant a franchise or right to any railroad corporation 
 to use any of the streets, waters or rivers for the construction and 
 operation of a tunnel railroad underneath the surface thereof for 
 any period not exceeding fifty years, and any such grant may at 
 the option of the city provide for giving to the grantee the right, on 
 a fair revaluation or revaluations, to renewals not exceeding in 
 the aggregate twenty-five years, provided, however, that any grant 
 to construct a tunnel railroad or renewal thereof, shall only be 
 made after an agreement shall have been entere<l into by such a 
 timnel corporation to pay to the city at least three per centum of 
 the net profits derived from the use of any tunnel which it shall 
 construct, after there shall have first been retained by such com- 
 pany from such net profits a sum equal to five per centum upon the 
 sum expended to construct such tunnel. At the termination of any 
 franchise or right granted by the board of estimate and apjxtrtion- 
 ment all the rights or property of the grantee in the streets, waters 
 or rivers shall cease without compensation. Every grant of a 
 franchise and every contract made by the city in pursuance thereof 
 shall provide, either that upon the termination of the franchise 
 or right granted by the l)oard of estimate and apportionment the 
 plant of the grantee, with its appurtenances, shall Ix^ and become 
 the property of the city without further or other compensation to 
 the grantees; or that upon such termination there shall be a fair 
 valuation of the plant which shall be and become the property of 
 the city on the termination of the contract on paying the grantee 
 such valuation. Tf bv virtue of the grant or contract the plant is 
 
to become the city's without money payment therefor, the city shall 
 have the option either to take and operate the said property on its 
 own account, or to lease the same for a term not exceeding twenty 
 years. If the original grant shall provide that the city shall make 
 payment for the plant and property, such payment shall be at a 
 fair valuation of the same as property, excluding any value derived 
 from the franchise; and if the city shall make payment for such 
 plant, it shall in that event have the option either to operate the 
 plant and property on its own account, or to lease the said plant 
 and property and the right to the use of streets and public places 
 in connection therewith, for limited periods, in the same or similar 
 manner as it leases the ferries and docks. Every grant shall make 
 adequate provision by way of forfeiture of the grant, or otherwise, 
 to secure efficiency of public service at reasonable rates, and the 
 maintenance of the property in good condition throughout the full 
 term of the grant. The grant or contract shall also specify the 
 mode of determining the valuation and revaluations therein pro- 
 vided for. 
 
 § 8. Every consent or agreement to the exercise of a franchise 
 shall, unless otherwise expressly provided by law, be by resolu- 
 tion of the board of estimate and apportionment ; and the contract 
 for the exercise of the franchise shall be executed by, or on the 
 authority of, the board, which shall, as the local authority having 
 control thereof, have the exclusive power, to consent, in behalf 
 of the city, to the use of the streets or any portion thereof for 
 any purpose specified in subdivision six of section five. 
 
 § 9. To the end that the city may be enabled to make needful 
 provisions for the navigation, intercourse and commerce of the 
 city, and adequately to develop and secure the same now and 
 in the future, it shall have the control as in this act provided, 
 of the water front of the entire city, subject, however, to the rights 
 of private owners of property, and also power to establish, construct, 
 acquire, own, maintain and enjoy all ferries, public wharves, docks, 
 piers, bulkheads, basins, slips, streets, approaches and spaces, and 
 all other public structures, adjuncts and facilities necessary or 
 proper for the navigation, intercourse and commerce, foreign and 
 domestic, of the city. To these ends, in addition to all grants here- 
 tofore made, there is hereby granted in, fee and confirmed to the 
 city in all the public streams, rivers, sounds, bays and waters of all 
 descriptions at any and all places within or adjoining the limits of 
 the city, all and singular the property, estate, right, title and inter- 
 est of the people of the state of New York, in, to, of and concerning 
 
such lands and soil covered bj water, as are embraced within the 
 projected boundary lines of any street intersecting the shore line, 
 and which street is in public use or which may be hereafter opened 
 for public use, extending from high water mark out into said 
 streams, rivers, sounds, bays and waters so far (any limits in exist- 
 ing grants to the contrary) as the city shall now or at any time here- 
 after, in the opinion of its board of estimate and apportionment, 
 require the same for ferries, public wharves, docks, piers, bulk- 
 heads, basins, slips or other public structures, adjuncts and facili- 
 ties for navigation and commerce, including the right for such 
 purposes to reclaim such lands from said waters, and including, 
 also all riparian rights, and all rents, issues and profits of the 
 premises herein granted. The commissioners of the land oflfice 
 shall from time to time convey or patent the lands herein granted 
 to the city for said purposes, as and whenever required by the 
 board of estimate and apportionment. 
 
 § 10. Grants of land under water within the city shall be made 
 only to the city or to the riparian proprietor; but no grant shall 
 be made to the riparian proprietor without the consent of the city, 
 acting through the board of estimate and apjx)rtionnient. Every 
 grant to the city shall be subject to all the rights, if any, of the ri- 
 parian proprietor, and before the city shall construct any wharf 
 or other structure in front of the land of such proprietor, it shall 
 make just compensation to him for the value of such rights. 
 Whenever application shall be made by a riparian proprietor to 
 the commissioners of the land office for a grant of land under 
 water within the city, said commissioners shall forthwith give 
 notice thereof to the board of estimate and ap|X)rtionment, which, 
 within thirty days thereafter, shall notify the commissioners 
 whether or not it will consent to such grant. If said board shall 
 consent to such grant, it shall notify said commissioners of the 
 terms and conditions ujwn which its consent will l>c given, and 
 such grant shall Ix^ made only u{x>n such terms and conditions. 
 The action of the commissioners of the land office upon or in 
 connection with any such application shall l>e subject to judicial 
 review in a proper proceeding brou^ght by and in the name of 
 the city or the riparian proprietor. 
 
 § 11. Xo action shall be maintained against the city for the 
 recovery of a sum of money unless it shall be specifically alleged 
 in the complaint or moving papers that at least sixty days have 
 elapsed without adjustment or payment since the presentation 
 to the board of estimate and apportionment of the demand, claim 
 
or claims upon wliicli such action is founded. Where the cause 
 of action shall have accrued after the passage of this act, no ac- 
 tion for damages for injuries to persons or to real or personal 
 property or for the destruction thereof, alleged to have been sus- 
 tained by reason of the negligence of the city, or the creation 
 or maintenance of a nuisance by it or any of its officers or em- 
 ployees, shall be maintained against the city unless the action 
 shall have been commenced within one year after the cause of 
 action shall have accrued, and unless notice of the intention to 
 commence the action, and of the time when and place where the 
 damages were incurred or sustained, together with a verified 
 statement showing in detail the property, if any, alleged to have 
 been damaged or destroyed, and the value thereof, shall have been 
 filed with the board of estimate and apportionment and with the 
 corporation counsel, within six months after the cause of action 
 shall have accrued. 
 
 § 12. All actions wherein the city is a party defendant shall, 
 subject to the powers of the court to change the place of trial in 
 the cases provided by law, be tried in the coimty in which the 
 cause of action arose, or in the county of New York. 
 
 § 13. All existing and unexecuted contracts made by any de- 
 partment or officer whose functions are transferred by this act, 
 shall be executed by the department or officer to whom such func- 
 tions are transferred ; and nothing herein contained shall affect 
 any existing obligation or contract. 
 
 § 14. Where a department has occasion to use a seal, it shall 
 use the common seal of the city with the title of the department 
 inserted therein; and the courts shall take judicial notice of the 
 city and depaitmental seals. 
 
 § 15. The City of New York shall continue to be divided into 
 five boroughs, designated Manhattan, The Bronx, Brooklyn, 
 Queens and Richmond; the boundaries whereof shall be as 
 follows : 
 
 1. The borough of Manliattan shall consist of all that portio/i 
 of the county of New York now or formerly known as ]\Ianhattan 
 island, Nuttin or Governor's island, Bedloe's island, Bucking or 
 Ellis island, the Oyster islands, and also Blackwell's island, 
 Randall's island and Ward's island ; 
 
 2. The borough of The Bronx shall consist of all that portion 
 of the county of New York lying northerly or easterly of the bor- 
 ough of Manhattan, between the Hudson river and the East 
 river or Long Island sound, including the several islands belong- 
 
ing to the county of Xew York, not included in the borough of 
 Manhattan; 
 
 3. The borough of Brooklyn shall consist of the territory know-n 
 as Kings county ; 
 
 4. The borough of Queens shall consist of the territory known 
 as Queens county; 
 
 5. The borough of Richmond shall consist of the territory 
 known as Richmond county. 
 
CHAPTER II. 
 
 General Provisions Regarding the Duties of Officers 
 and Employees. 
 
 Section 16. All officers, boards, commissions and employees 
 are hereby declared trustees of tke property, funds and effects of 
 the city so far as such property, funds and effects are or may be 
 committed to their management or control, and every taxpayer 
 who shall pay taxes to the city is hereby declared to be a cestui 
 que trust in respect to the said propei-ty, funds and effects. Any 
 cotrustee or any cestui que trust shall be entitled as against said 
 trustee.? and in regard to said property, funds and effects, to all 
 the rights, remedies and privileges provided by law for any co- 
 trustee or cestui que trust and to maintain an 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 re- 
 sponsibilities imposed by law on trustees, and such duties and 
 responsibilities may be enforced by the city, or by any cotrustee 
 or cestui que trust. The remedies herein provided shall be in ad- 
 dition to those now provided by law. 
 
 § 17. Any officer or employee who shall wilfully violate or 
 evade any provision of law, or by gross or culpable neglect of duty 
 allow any public property to be lost to the city, shall be deemed 
 guilty of a misdemeanor, and, in addition to the penalties imposed 
 by law, shall on conviction forfeit his office or employment, and 
 shall be disqualified from holding office or employment under the 
 city government. 
 
 § 18. ISTo officer or employee of the city shall be or become in- 
 terested, directly or indirectly, as contracting party, partner, 
 stockholder or otherwise, in any contract, work or business, or in 
 the performance or conduct thereof, or in the sale of any articl?, 
 except as provided in section one hundred and ninety-two of this 
 act, the expense, price or consideration of which is payable either 
 from the city treasury, or by any assessment levied under or by 
 virtue of any act or resolution of the board of estimate and appor- 
 tionment or other body or officer of the city ; nor shall any officer 
 or employee be interested in any manner, directly or indirectly, 
 in the purchase or lease of any real estate or other property 
 
 [10] 
 
11 
 
 which shall belong to or be takeu by the city or which shall be 
 sold either for taxes or assessments, or by virtue of legal process 
 at the suit of the city. Any officer or employee who while holding 
 office or employment, shall knowingly become interested in the 
 performance of any conti-act, work or business or in the sale of any 
 article or in the purcha^^e or lease of any real estate or other prop- 
 erty hereinabove referred to, or shall acquire any interest therein, 
 except by will or under the decedents' estate law, shall 
 forfeit his office or employment and be guilty of a misde- 
 meanor. All contracts in which any officer or employee is or be- 
 comes interested shall, at the option of the board of estimate and 
 apportionment, be forfeited and void. Any officer or employee 
 who in consideration of his nomination, ai)pointment, election, or 
 employment, shall, either prior or subsequently thereto, give or 
 promise to give any portion of his salary or compensation or any 
 money or valuable thing to any person, shall forfeit his office and 
 employment and shall be disqualified from holding office or em- 
 ployment under the city government. Such forfeiture and dis- 
 qualitication shall be in addition to and not exclusive of any other 
 penalty prescribed by law. 
 
 § 19. Xo expense shall be incurred by any department, officer 
 or employee unless an appropriation shall previously have been 
 made covering such expense and there shall be an unexpended 
 balance sufficient to meet such expense at the time it is incurred. 
 
 § 20. Each and every officer and employee charged with the 
 duty of expending moneys raised by tax in the city or any of 
 the counties included therein, or of incurring obligations payable 
 therefrom, shall so regulate such expenditures for any purposes 
 that the same shall not in any one year exceed the amount appro- 
 priated by the board of estimate and apportionment for said pur- 
 poses. No charge, claim or liability for any purpose shall be cre- 
 ated against the city or any of the counties included therein for 
 any sum in excess of the amount appropriated therefor, 
 
 § 21. 1. Xo officer or employee shall during the term for which 
 he shall have been elected, ap|X)intod or employe<l, hold any other 
 public office or employment, federal, state or local, except notary 
 public, commissioner of deeds or an office in the national guard. 
 Where special ])rovision is made by law, an officer may hold an- 
 other office ex officio without salary. 
 
 2. The acceptance by any officer or employee of an appoint- 
 ment by any court as trustee in bankruptcy, receiver, referee, 
 commissioner in condeinnnti<>n proceedings, or commissioner of 
 
12 
 
 estimate, appraisal or assessment shall vacate his office and ter- 
 minate his employment. 
 
 3. A person who shall be nominated for an elective office vs^hile 
 holding an appointive office or employment in the service of the 
 city shall vacate his office or employment unless he shall decline 
 the nomination at the time and in the manner provided by the 
 election law. 
 
 4. ISTo employee shall, directly or indirectly, contribute to any 
 political fund, or be or become a member of, contribute to, or 
 take part in, any club or association intended or attempting to 
 effect legislation for or on behalf of any department, officer or 
 employee; or directly or indirectly contribute in any manner in 
 aid of legislation in respect of his salary, wages or emoluments; 
 or appear before the legislature or the council or any committee 
 of either, to promote or oppose, directly or indirectly, the passage 
 of any such legislation, except in obedience to a subpoena com- 
 manding him so to do. 
 
 5. No person in the classified civil sei*vice of the city shall be 
 an officer or member of any political committee, or a delegate or 
 alternate to any political convention, except in the performance 
 of his official duty; and any person violating any of these provi- 
 sions shall thereby forfeit his office, position or employment, and 
 all salary, pay and emoluments thereof; but the prohibition con- 
 tained in subdivisions one, two and three of this section shall not 
 apply to an officer or employee who receives no salary or compen- 
 sation from the city. 
 
 § 22. An office shall become vacant upon the incumbent's ceas- 
 ing to be a resident of the city, or of the borough or other politi- 
 cal division of which he is required to be a resident when elected 
 or appointed. 
 
 § 23. The mayor, the president of the council, the comptroller 
 and the borough presidents respectively, may be removed 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. After the charges shall have been received by 
 the governor, he may, pendin^g the investigation, suspend the 
 officer affected thereby for a period not exceeding sixty days. 
 
 § 24. No elective officer who shall have been removed from 
 office under any provision of this act shall be eligible to election or 
 appointment to fill the vacancy caused by his removal. 
 
 § 25. In case of a vacancy from any cause in the office of 
 president of the council, comptroller, borough president or member 
 
13 
 
 of the council, the person appointed to fill such vacancy until a 
 successor be elected, shall be a member of the same political party 
 as the last incumbent of the office. No person shall be chosen 
 to fill a vacancy in any snch office unless he possess the qualifica- 
 tions therefor prescribed in this act. 
 
 § 26. Except as othenvise specially provided by law, every offi- 
 cer or employee of the city or any county included therein re- 
 ceiving any fees or emoluments under any statute shall account 
 therefor to the chamberlain and pay the same into the city treas- 
 ury. 
 
CHAPTER III. 
 The Council. 
 
 Section 27. The legislative power of the city shall, except 
 as otherwise provided in this act, be vested in one house to be 
 known and styled as the council of the city of New York. 
 
 § 28. 1. There shall be a president of the council, who shall be 
 elected at the same time and in the same manner as the mayor and 
 for a similar term. No person shall be eligible to the office of presi- 
 dent of the council who is not eligible to the office of mayor. 
 
 2. He shall preside over all meetings of the council and shall 
 have a voice and vote therein except as provided in section thirty- 
 two, subdivision three of this act. 
 
 3. His salary shall be fifteen thousand dollars a year. 
 
 § 29. A vacancy in the office of president of the council shall be 
 filled by appointment by the remaining members of the board of 
 estimate and apportionment, each casting one vote; their ap- 
 pointee to hold office until the first day of January succeeding the 
 first annual election after the happening of the vacancy. 
 
 § 30. 1. The council shall be composed of thirty-nine council- 
 men, one to bo elected from each of the thirty-nine council districts 
 of the city, and the president of the council. 
 
 2. The council shall at its first meeting elect a vice-chairman. 
 Whenever the president of the coimcil shall be sick, absent from 
 the city, under suspension, or acting as mayor, or while a vacancy 
 shall exist in his office, the vice-chairman shall possess his pow- 
 ers, perform his duties and be a member of every board of which 
 the president is a member by virtue of his office. 
 
 3. Every head or acting head of a department shall be entitled 
 to sit in the council and shall have the right to participate in the 
 discussions thereof, but not the right to vote. Whenever required 
 by the council, he shall attend its meetings and answer all ques- 
 tions asked by any councilman relating to the affairs of his de- 
 partment, provided that at least forty-eight hours before the meet- 
 ing he shall have had written notice of such questions. If a de- 
 partment be composed of more than one member, the president or 
 chairman thereof shall be entitled to such seat. 
 
 [14] 
 
15 
 
 4. The first meeting of the council in each year shall be held at 
 noon on the first Monday of January. 
 
 5. The council may appoint a sergeaut-at-arms and such other 
 assistants as may be necessary to the orderly conduct of its 
 business. 
 
 6. At its first meeting in January, nineteen hundred and ten, 
 and at its first meeting in January in every second year thereafter, 
 the council shall appoint a clerk of the council who shall act also as 
 city clerk and shall hold office for two years and until the election 
 of his successor. 
 
 7. The council shall prescribe the duties of all officers and em- 
 ployees appointed by it and may make rules and regulations, not 
 inconsistent with the provisions of this act or the administrative 
 code, for the conduct of the public business in their offices. 
 
 8. Councilmen shall serve without salary or compensation. 
 
 9. The mayor may at any time call a special meeting of the 
 council; and shall do so whenever requested in writing by not less 
 than fifteen councilmen. 
 
 § 31. 1. No council district shall embrace territory lying 
 within more than one borough. The boundaries of the council 
 districts shall in the first instance be fixed in the administrative 
 code. There shall be fourteen districts wholly in the borough of 
 Manhattan, eleven wholly in the borough of Brooklyn, six wholly 
 within the borough of The Bronx, five wholly in the borough o^ 
 Queens, and three wholly in the borough of Kichmond. 
 
 2. In the year nineteen hundred and seventeen and during the 
 month of July, and in the same month every sixth year thereafter, 
 the council may alter the council districts, so that the several dis- 
 tricts within the same borough shall contain as nearly as may bo 
 an equal number of inhabitants, excluding aliens, and be in as com- 
 pact form as practicable, and shall consist at all times of contig- 
 uous territory. The total number of council districts shall not be 
 increased, but shall be apportioned among the boroughs in a ratio 
 based as far as practicable upon population. There shall not be 
 less than five council districts in the borough of Queens nor less 
 than three in the borough of Richmond. 
 
 § 32. 1. The councilmen shall ho elected at the general elec- 
 tion to be held in the year ninetern hundred and nine, and o\ct\ 
 two years thereafter, and hold office commencing the first day of 
 January following the election. 
 
 2. Any elector who shall have boon a citizen of the United 
 States and a resident of the city for at least five years immedi- 
 
16 
 
 atelj preceding his election shall be eligible to the council for any 
 council district in which he shall have resided continuously for 
 at least one year immediately preceding his election. 
 
 3. Any vacancy in the office of councilman shall be filled for 
 the unexpired term by election by a majority of all the councilmen 
 representing the borough containing the council district in which 
 the vacancy occurs. At any such election the president of the 
 council shall preside, but shall have no vote unless the councilmen 
 present be equally divided. A person elected to fill a vacancy 
 shall possess the qualifications requisite for election in the first 
 instance. 
 
 4. The council shall be the judge of the election returns and 
 qualifications of its members; but its determinations shall be sub- 
 ject to review by certiorari in any court of competent jurisdiction. 
 
 § 33. A majority of all the councilmen shall constitute a 
 quorum to do business; but a smaller number may adjourn from 
 day to day, and may be authorized to compel the attendance of 
 absent members in such manner and mider such penalties as the 
 council may prescribe. The sessions of the council shall be public. 
 It may determine the rules of its proceedings, punish its members 
 for disorderly behavior, and, with the concurrence of two-thirds 
 of all the members, expel a member. It shall keep a journal of its 
 proceedings, wherein the ayes and noes taken on any question at 
 the desire of any two members shall be entered. The ayes and 
 noes shall be called and recorded on the final passage of every 
 ordinance. 
 
 § 34. The council is hereby vested with full and complete 
 power and authority to enact all ordinances necessary for the 
 protection and preservation of life, health and property in the 
 city; for the prevention and summary abatement and removal of 
 nuisances therein; for the establishment, preservation and enforce- 
 ment of good government, order and security of the inhabitants 
 of the city; for the suppression of vice; and for the enforcement 
 of all such ordinances by fines or penalties, or otherwise. The 
 council shall have power and authority also to enact ordinances 
 prescribing regulations in respect to the making of contracts to be 
 made or let for work to be done for the city or supplies to be fur- 
 nished thereto, except as in this act otherwise provided. 
 
 § 35. The council may alter, amend or repeal the administra- 
 tive code as expressly provided therein. 
 
 § 36. 1. Every legislative act of the council shall be by ordi- 
 
17 
 
 narux', and no ordinance shall be passed except by the vote of a 
 niajority of all the councilmen. 
 
 2. The style of ordinance shall be : " Be it ordained by the 
 council of the city of New York as follows:" 
 
 3. All ordinances shall be general in their application, and no 
 special ordinance shall be enacted; except that the council may 
 enact ordinances applicable in one or more of the boroughs and 
 not the city generally. 
 
 4. Xo ordinance shall be passed until it shall have been printed 
 and upon the desks of the membei*s, in its final form, at least three 
 days prior to its final passage, unless the mayor shall have certi- 
 fied to the necessity for its immediate passage. Tpon the last 
 reading of an ordinance, no amendment thereof shaJl be allowed. 
 
 § 37. Every ordinance shall, after its adoption by the council, 
 be presented, duly certified, to the mayor. If he approve it, ho 
 shall sign it ; and it shall then be deemed to have been passed and 
 shall take effect in accordance with its provisions. If he disap- 
 prove it, he shall return it, with his objections, to the coun- 
 cil, which shall enter the objections at large upon its 
 journal and may proceed to reconsider the ordinance after ten 
 days and within fifteen days after it shall have been returned to 
 the council. If after such reconsideration, the ordinance receive 
 the affirmative votes of at least two-thirds of the coimcilmen, it 
 shall then be deemed to have passed. If upon the first vote upon 
 such reconsideration an ordinance fail to receive the stated num- 
 ber of affirmative votes, it shall be deemed finally lost. If, within 
 ten days (Sundays excepted) after an ordinance shall have been 
 presented to him, the mayor shall neither approve it nor return 
 it with his objections, his disapproval shall be presumed and the 
 council may recall the ordinance and reconsider it within the 
 same time and in the same manner as if it had been returned 
 with objections at the expiration of the ten days aforesaid. 
 
 § 38. The ordinances in force in the city of Xew York on the 
 thirty-first day of December, nineteen hundred and nine, are, so 
 far as thoy are not inconsistent with this act, continued in full 
 force and effect, subject to modification, amendment or repeal by 
 the council. But all ordinances or resolutions heretofore adopted 
 affecting or relating to franchises, or consenting or agreeing to the 
 exercise of any franchise as defined or referred to in sections 
 five, seven and eight of this act, shall be subject to modifica- 
 tion, amendment or repeal by the board of estimate and appor- 
 tionment in like manner and to the same extent as they hav« 
 
IS 
 
 heretofore been subject to modiiicatioii, amendment or repeal by 
 the board of aldermen, municipal assembly or other legislative 
 body of the city of New York or of the several municipal corpora- 
 tions and parts thereof united and consolidated to form the city 
 of New York. 
 
 § 39. The ordinances in force on the thirty-first day of De- 
 cember, nineteen hundred and nine, shall, so far as practicable, 
 be reduced to a code and published. The code of ordinances of 
 the city shall be revised by the council in the year nineteen hun- 
 dred and ten and in every fifth year thereafter. All ordinances 
 adopted during each calendar year shall be compiled and pub- 
 lished on or before the first day of March of the succeeding year. 
 
 § 40. The council shall not : 
 
 1. Enter into, modify or in any manner alter the terms of any 
 contract for any public work or improvement whatsoever, or re- 
 lease any contractor with the city or any department from any 
 fine or penalty incurred under his contract, or extend the time 
 of performance of any contract; or pass any ordinance or resolu- 
 tion authorizing any officer so to do ; 
 
 2. Audit or allow any claim against the city. 
 
 § 41. The council may appoint commissioners of deeds who 
 shall hold office for two years from the date of appointment. Such 
 appointments shall not require the approval of the mayor. 
 
 § 42. The council may at any time appoint a special committee 
 to inquire whether the laws and ordinances relating to any subject 
 or department of the city government are being faithfully observed, 
 and the duties of the officers and employees of the city or any de- 
 partment thereof are being faithfully discharged, and to examine 
 and report whether there are any unnecessary, inefficient or unfit 
 employees, excessive salaries, wages or compensation paid, and to 
 inquire generally in respect to any and all matters which will con- 
 duce to the orderly and economical administration of the business 
 of the city or any department thereof. Such committee shall 
 have access to the books and records of the city and of any depart- 
 ment, officer or employee thereof, and for the purpose of any such 
 inquiry shall have the powers conferred upon an officer, person, 
 board or committee by sections eight hundred and forty-three and 
 eight hundred and fifty-four of the code of civil procedure. 
 
 § 43. The council shall have such power and perform such 
 duties in respect to the budget and the tax levy as are prescribed 
 in sections sixty and sixty-one and one hundred and twenty-six. 
 
CHAPTER IV. 
 
 Executive. 
 
 Section 44. 1. The executive power of tiic city shall be vested 
 in the mayor. 
 
 2. No person shall be eligible to the office of mayor unless he 
 shall have been a citizen of tlie United States and a resident of 
 the city for at least ten years preceding his election. 
 
 3. The salary of the mayor shall bo twenty-five thousand dol- 
 lars a year. 
 
 § 45. The mayor shall be elected by the voters of the city at 
 larire at the general election in the year nineteen hundred and 
 nine, and every four years thereafter, and shall hold his office for 
 a term of four years commencing on the fii-st day of January next 
 after his election. 
 
 § 46. 1. \Vhenevcr there shall Ik? a vacancy in the office of 
 mayor, the president of the council shall become mayor until the 
 first day of January succeeding the first annual election after the 
 happening of such vacancy. 
 
 2. In case of the mayor's susix-nsion from office or absence 
 from the city or of his being prevented by sickness from attend- 
 ing to the duties of his office, the president of the council shall act 
 as mayor and possess all the rights and powers of the mayor dur- 
 ing such suspension, absence or sickness, except as in this section 
 otherwise provided. 
 
 3. ^Vhcncver the president of the council shall act as mayor in 
 consequence of the mayor's suspension from office, he shall not 
 exercise anv power of appointment to or removal from office. 
 
 4. Whenever the president of the council shall act as 
 mayor in consequence of the mayor's absence from the city or 
 sickness, he shall not exercise any power of appointment to or 
 removal from office unless such absence or sickness shall continue 
 for at least thirty days. 
 
 5. The president of the council shall not sign, approve or dis- 
 approve anv ordinance or resolution, unless the suspension, ab- 
 sence or sickness of the mayor shall have continued for at least 
 nine days. 
 
 § 47. It shall be the duty of the mayor : 
 [19] 
 
20 
 
 1. To commimicate to the council, at least once in each year, 
 a general statement of the finances, government and improvements 
 of the eit J ; 
 
 2. To be vigilant and active in causing the ordinances of the 
 city and laws of the state to be executed and enforced ; 
 
 3. And generally to perform all such duties as may be pre- 
 scribed for him by this act, the administrative code, the lavp's of 
 tJie state, and the ordinances of the city. He shall prescribe the 
 duties of all officers and employees in his office. 
 
 § 48. 1. The mayor shall appoint and may at pleasure remove 
 all heads of departments, the commissioner of inquiry, the mem- 
 bers of the art commission and the members of every board and 
 commission whose salaries or expenses are paid out of the city 
 treasury, whose appointment or election is not otherwise expressly 
 provided for by this act or by law ; but the trustees of the College 
 of the City of New York shall be exempt from removal except as 
 provided in the administrative code. 
 
 2. He shall appoint justices of the courts of special sessions and 
 city magistrates. A vacancy occurring otherwise than by expira- 
 tion of term in the office of justice of the municipal court shall be 
 filled by appointment by the mayor until the first day of January 
 succeeding the first annual election after the happening of such 
 vacancy. 
 
 3. He may appoint a board to be known as the advisory board 
 on city plan, to consist of such landscape architects, civil engi- 
 neers and other persons as he may select, the members thereof to 
 serve without salary and to act m conjunction with the board of 
 estimate and apportionment in devising, fonnulating and advo- 
 cating a plan or plans for the comprehensive development and 
 improvement of the streets, parks and public places. 
 
 § 49. The mayor shall appoint a municipal civil service com- 
 mission to consist of three members, not more than two of whom 
 shall be of the same political party. The commission shall have 
 the jurisdiction and powers conferred upon such a commission by 
 the civil service law of the state. 
 
 § 50. 1. The commissioner of inquiry, with the approval of the 
 mayor, may appoint and at pleasure remove two deputies, one of 
 whom shall be an attorney and counselor-at-law admitted to prac- 
 tice in the courts of this state at least five years prior to the date 
 of his appointment. The commissioner, his deputies and their 
 subordinates shall constitute the bureau of examination in the 
 mayor's office. 
 
21 
 
 2. Subject to the civil service law, the subordinates of the 
 bureau shall be appointed bj the commissioner of inquiry with 
 the approval of the mayor. 
 
 3. The commissioner and deputy commissioners i«hall make in- 
 vestigations into the affairs of any office or department of the city 
 or any division thereof, or of any county included within the city, 
 and the manner of conducting the public business therein. They 
 shall report the result of any such investigation to the mayor 
 whenever thereto by him directed. The mayor shall have ex- 
 elusive discretion and power to determine the scope of any such 
 investigation. 
 
 4. The commissioner of inquiry and his deputies shall have 
 power to compel the attendance of witnesses and the production of 
 books, documents and other papers, to administer oaths and to 
 examine such persons as he or they may deem necessary. 
 
 § 51. There shall be the following administrative departments, 
 each of which shall, unless otherwise stated, be presided over by 
 a single head : 
 
 1. Finance department, the head of which shall be the comp- 
 troller ; 
 
 2. City treasury, the head of which shall be the chamberlain; 
 
 3. Tax department, the head of which shall bo known as the 
 board of taxation ; 
 
 4. Law department, the head of which shall l>e kno^vn as cor- 
 poration counsel; 
 
 5. Police department, the head of which shall be known as 
 police commissioner; 
 
 6. Health department, the head of which shall be known as 
 the health board, to cor*sist of the health commissioner, the police 
 commissioner and the health officer of the port ; 
 
 7. Fire department, the head of which shall be known as fire 
 commissioner ; 
 
 8. Department of education, the head of which shall bo known 
 as the board of education ; 
 
 9. Department of docks and ferries, the head of which shall 
 be known as dock commissioner ; 
 
 10. Park department, the head of which shall be knowni as 
 the park board ; 
 
 11. Department of water supply, the head of which shall be 
 known as water commissioner; 
 
 12. Department of street control, the head of which i=hall b' 
 known as street commissioner; 
 
22 
 
 13. Bridge department, the bead of which shall be known as 
 bridge commissioner ; 
 
 14. Building dei^artment, the head of which shall be known as 
 building commissioner ; 
 
 15. Tenement house department, the head of which shall be 
 known as tenement house commissioner; 
 
 10. Charities department, the head of which shall be known 
 as charities commissioner; 
 
 17. Department of correction, the head of which shall he known 
 as commissioner of correction ; 
 
 18. Bellevue and allied hospitals, the head of which shall be 
 known as the board of trustees of Bellevue and allied hospitals. 
 
CHAPTER V. 
 Board of Estimate and Apportionment. 
 
 Section 52. There shall be a board of estimate and ai)i)urtioii- 
 ment, composed of the mayor, the president of the council, the 
 comptroller and the five borough presidents, of whom the mayor, 
 the president of the council and the comptroller shall each be 
 entitled to cast three votes, the presidents of the boroughs of 
 ]\Ianhattan and Brooklyn each two votes, and the presidents of 
 the boroughs of The Bronx, Queens and Richmond each one vote. 
 A quorum shall consist of members of the board entitled to cast 
 at least nine votes, but must include at least two members en- 
 titled to cast three votes each. No resolution or amendment of 
 any resolution shall be passed at the meeting at which it shall 
 have been originally introduced, unless twelve votes shall have 
 been cast for its adoption. Wherever the words *' the board " 
 appear in this chapter, they shall be taken to mean the board of 
 estimate and apportionment. 
 
 § 53. A borough ])resident shall be elected in each borough, by 
 the voters thereof, at the same time as the mayor and for a similar 
 term. Xo person shall be eligible for the otfice of borough presi- 
 dent unless he shall have been a citizen of the United States and 
 a resident of the borough for at least five years immediately 
 preceding his election. 
 
 1. A vacancy in the office of borough president shall be filled 
 by appointment by the remaining members of the board of esti- 
 mate and apportionment, each casting one vote, their appointee to 
 hold office until the first day of January succeeding the first 
 annual election after the happening of such vacancy. 
 
 2. The salary of a borough president shall be ten thousand d<il 
 lars a year. 
 
 § 54. 1. The first meeting of the board in every yt ar 
 shall bo called by written notice from the mayor, duly mailed 
 to the meml)ers. Subsequent meetings shall be called as the board 
 may direct. 
 
 2. Except as otherwise provided by law, every act of the board 
 shall be by resolution adopted by a majority of the whole number 
 of votes authorized to be cast by the board. 
 
 3. The mayor shall preside at all meetings of the board ; in the 
 absence of the mayor, the president of the council shall preside. 
 
 [23] 
 
24 
 
 § 55. Except as otherwise specifically provided in this act, 
 each borough president shall devote his time and attention ex- 
 clusively to the business and duties of the board. The board 
 may assign to one or more of the presidents such special duties 
 as to it may seem proper. 
 
 § 56. Every resolution authorizing or relating to the expendi- 
 ture of money shall, after its adoption by the board, be presented 
 to the mayor. If he approve, he shall sign it and it shall then take 
 effect; if he disapprove, he shall return it to the board with his 
 objections and the board shall enter the same at large upon its 
 minutes and may then reconsider the resolution. If after such 
 reconsideration it shall have received the affirmative votes of mem- 
 bers of the board entitled to cast in the aggregate at least ten 
 votes, it shall take effect. 
 
 § 57. In addition to such other bureaus as it may establish, 
 there shall be under the board : 
 
 1. A bureau of public improvements and engineering, the head 
 of which shall be an engineer, resident in the city, of at least ten 
 years' professional experience, who shall be known as " city engi- 
 neer ;" 
 
 2. A bureau of franchises, the head of which shall be known as 
 " chief of the bureau of franchises ;" 
 
 3. A bureau of real estate, the head of which shall be known as 
 "chief of the bureau of real estate;" 
 
 4. A bureau of claims, the head of which shall be known as 
 " chief of the bureau of claims ;" 
 
 5. A bureau of salaries, which shall classify and grade all offi- 
 cers and employees and their salaries and wages, the head of 
 which shall be known as " chief of the bureau of salaries ;" 
 
 6. A bureau of statistics and publicity, the head of which shall 
 be known as " chief of the bureau of statistics and publicity ;" 
 
 7. A bureau of supplies, the head of which shall be known as 
 " chief of the bureau of supplies." 
 
 § 58. Each of the bureaus shall have the powers and perform 
 the functions and duties prescribed therefor in the administrative 
 code, and shall, subject to such provisions, be under the control 
 and direction of the board, which shall prescribe the duties of the 
 officers and employees thereof and may make all necessary rules 
 and regulations with respect thereto. 
 
 § 59. 1. Except as otherwise expressly provided by law, the 
 board shall fix and may alter the salary or compensation of every 
 officer, employee or person other than day laborers whose compen- 
 
25 
 
 sation shall be paid out of the city treasury, iichitlin-.; the sheriff, 
 the district attorney and the county clerk of each county within 
 the city, the register of the county of New York and of Kings, 
 and their respective subordinates. 
 
 2. The salary and compensation of every appointive otHcer or 
 employee, whose office or position, other than that of day laborer, 
 is not abolished by this act or the administrative code, shall, until 
 changed by the board, continue at the amount fixed at the time 
 this act takes effect. 
 
 3. Xo extra compensation shall be granted to any officer or 
 employee. 
 
 4. Xo compensation beyond the salary, wages or compensation 
 fixed in the budget for the position or grade of any city officer 
 or employee shall be granted or paid, nor shall any salary, wages 
 or compensation so fixed be increased during the budgetary year. 
 
 5. Salaries, wages and compensation for like positions or grades 
 shall be uniform throughout each borough, but need not b« uni- 
 form throughout the city. 
 
 § 60. 1. The board shall annually, between the first day of 
 October and the first day of Xovember, meet and make a budget 
 of the amounts estimated to be required to pay the cost for the 
 ensuing year of conducting the public business of the city and of 
 the counties included therein. 
 
 2. The budget shall show in such detail as may be practicable 
 the items of all appropriations for each department, bureau, 
 office, board or commission, and the terms and conditions 
 under which, conformably with law, the same may be expended. 
 It shall further show in such detail as the board may deem ad- 
 visable the estimated receipts of each department, bureau, office, 
 board or et'>nimi?sion. To enable the board to make the budget, 
 the heads of departments, bureaus, offices, boards and commissions 
 shall in such detail and at such date or dates as the board may 
 direct, but not later than September tenth in each year, send to the 
 board an estimate in writing, to be known as a departmental 
 estimate, of the amount of expenditure, specifying the objects 
 thereof, required for their respective departments, bureaus, offi- 
 cers, lx)ards or commissions for the ensuing year. Duplicates 
 of these departmental estimates and statements shall be sent at 
 the same time to the council. 
 
 3. The budget shall show by separate tables the sources of all 
 revenues of the city and the estimated receipts from each, in- 
 cluding the sources and receipts of the general fund for the re- 
 
20 
 
 ductiou of taxation and the several sinking funds enumerated 
 in section seventy-five of this act. 
 
 4. Before finally determining upon the budget, the board shall 
 fix a time or times for hearing taxpayers of the city in regard 
 thereto. Within five days after the budget shall have been made 
 by the board, it shall be transmitted to the council. 
 
 5. Simultaneously with its. transmission to the council, the 
 budget shall be published in the City Eecord and the mayor shall 
 call a special meeting of the council to consider it. Considera- 
 tion of the budget by the council shall continue from day to day 
 until final action is taken thereon, but shiall not continue beyond 
 twenty days. If the council shall take no action within such time, 
 the budget shall be deemed to be finally adopted as transmitted 
 by the board. Except as otherwise provided by law, the council 
 may reduce or reject any or all of the items of the budget for 
 salaries and for supplies and improvements. It shall not increase 
 any item or vary the terms or conditions thereof or insert any 
 new items. Its action in reducing or rejecting any item shall be 
 subject to the veto power of the mayor, and unless such veto be 
 overridden by a three-fourths vote of the council, the item fixed 
 by the board shall stand. 
 
 § 61. 1. Prior to December twenty-fifth in each year, the budget 
 as finally adopted shall be certified by the mayor, comptroller and 
 city clerk, whereupon the several sums mentioned therein shall 
 be and become appropriated to the several purposes therein named. 
 On or before December thirty-first in each year the budget shall 
 be filed in the office of the comptroller and published in the City 
 Record. 
 
 2. At least four weeks before the annual meeting of the council 
 called for the purpose of determining the rate of taxation, the 
 comptroller shall prepare and submit to it an estimate of the re- 
 ceipts and revenues of the general fund for the reduction of tax- 
 ation during the year then current. He shall at the same time 
 certify to the council the aggregate amount fixed in the budget to 
 be raised by taxation. 
 
 3. The council shall meet at noon on the first Monday of July 
 in each year at its usual place of meeting in the borough of Man- 
 hattan, or if said first Monday fall on a legal holiday the council 
 shall meet at noon on the next succeeding day at said time and 
 place, and at such meeting shall deduct from the aggregate amount 
 fixed in the budget to be raised by taxation as certified by the 
 comptroller the amount of the said estimated receipts and rev- 
 
27 
 
 enues of the general fund for the reduction of taxation, and 
 shall thereafter cause to be raised by tax the balance of such aggre- 
 gate amount after making such deduction. 
 
 § G2. The budget shall make provision for: 1. Salaries, wages 
 or compensation of all city othcers and employees; the cost of 
 equipment, repairs, renewals and supplies required for the ad- 
 ministration and maintenance of each department, bureau, othce, 
 board and commission of the city, including the dock department 
 and educational and other institutions supported wholly or ])artly 
 by the city pursuant to existing provisions of law; 
 
 2. Kent of suitable buildings or offices in buildings not owned 
 by the city necessary for the use of departments, bureaus, otficers, 
 boards and commissions; 
 
 3. The expenses of the registration of voters; of the compila- 
 tion and publication of the registry of voters; and of all elections 
 held in the city during the year; 
 
 4. Salaries, wages and compensation of officers and of em- 
 ployees of counties wholly included in the city, and all other 
 expenses of said counties properly chargeable to the counties or 
 any of them as distinguished from city charges; 
 
 5. The additional compensation due according to law to jus- 
 tices of the supreme court from judicial districts, other than the 
 first and second, who shall hold court within the city ; 
 
 6. The compensation due according to law to justices of the 
 supreme court and county judges, surrogates and judges of the 
 court of general sessions within the city, and the expenses neces- 
 sary for the administration of justice therein; 
 
 7. The compensation due according to law to judges of the 
 city court, justices of the courts of special sessions and of the 
 municipal court and the city magistrates, and the expenses neces- 
 sary for the administration of justice in the courts of inferior 
 jurisdiction of the city; 
 
 8. The cost of publishing in the daily law journal designated 
 by the justices of the appellate division of the supreme court in 
 the first department, the calendars of state courts of record in 
 the city ; 
 
 9. The cost of maintaining and purchasing law books for 
 the law library of the appellate division of the first department, 
 the law library of the supreme court in the first judicial dis- 
 trict and the supreme court library in the borough of Brooklyn; 
 
 10. [Maintenance and expenses of free public libraries, includ- 
 
28 
 
 iug branch and traveling libraries, which have heretofore been 
 maintained, in whole or in part, by the public funds of the city; 
 
 11. The salaries and expenses of administration of the public 
 service commission in the first district, and of other commissions 
 and boards required by law to be paid out of the city treasury, 
 excei>t of the board of water supply of The City of New York ; 
 
 12. The cost of compiling and publishing the annual record 
 of the assessed valuatioa of real estate; of publishing the City 
 Record and of all advertising required by law; 
 
 13. All sums authorized by the administrative code to be raised 
 and paid for the relief of poor adult blind persons and the educa- 
 tion and support of the blind, of the deaf and dumb, and of juve- 
 nile delinquents, and for the care, support, maintenance and secu- 
 lar education of inmates of orphan asylums, protectories, or homes 
 for dependent children, to correctional institutions, and to chari- 
 table, educational, eleemosynary, correctional or reformatory in- 
 stitutions, wholly or partly under private control, and having 
 their main office in the city, for care, support, maintenance or 
 education of the inmates thereof ; such payments to be made only 
 for such inmates as are received and retained therein pursuant 
 to rules established by the state board of charities ; 
 
 14. The quota of state taxes imposed and chargeable upon the 
 city and the counties wholly included therein; 
 
 15. Sums required for the several pension funds as provided 
 in the administrative code; but no such sums shall be provided 
 for any pension fund unless in connection therewith the budget 
 shall show an estimate in detail of the receipts from all sources 
 of such pension fund; 
 
 16. The amount of taxes levied prior to the preceding first day 
 of January deemed by the board to be uncollectible, so far as the 
 same shall not have been provided for in prior tax levies or by the 
 issue of corporate stock ; 
 
 17. Annual interest upon the city debt; 
 
 18. The annual quota for the redemption of the city debt, in- 
 cluding instalments payable during the ensuing budgetary year; 
 
 19. Such sums as may, in addition to the accumulations of any 
 sinlcing fimd, be necessary to redeem any obligation of the city 
 payable out of such sinking fund and maturing during the next 
 calendar year; 
 
 20. The annual interest on general fund bonds issued pursuant 
 to the provisions of section ninety-eight of this act ; 
 
29 
 
 21. The redemption of siJecial revenue bonds issued during the 
 preceding year ; 
 
 22. Such other appropriations, not specitically provided for in 
 this act, as the board shall have determined, by the votes of mem- 
 bers entitled to cast at least twelve votes, to be necessary for the 
 maintenance, during the year, of the government of the city or 
 of any county included therein. In addition to the foregoing, 
 the budget may contain an appropriation, to be included among 
 the appropriations for the purposes of the board, of such sum as 
 it may deem necessary, not exceeding two million dollars in any 
 one year, for the purpose of supplying funds for emergencies 
 for which provision is not otherwise made in this act or in the 
 administrative code. But no payment shall be made from such 
 •appropriation unless authorized by the votes of memlx-rs of the 
 board entitled to cast at least twelve votes. Balances of appro- 
 priations remaining unexpended at the close of the fiscal year for 
 which they shall have been made, shall, after the allowance of a 
 suiBcient sum to satisfy all claims payable therefrom and within 
 sixty days after the expiration of such year, be paid into the 
 general fund for the reduction of taxation. 
 
 § 63. All moneys received from the state or from any depart- 
 ment, board or officer thereof, to or for the use of the city or any 
 department thereof, the disposition of which shall not bo specif- 
 ically provided for by law shall be paid into the general fund for 
 the reduction of taxation. 
 
 § G4. Except as in this act otherwise specifically provided, the 
 board shall have power ujwn such tenns and conditions as may 
 seem to it for the best interests of the city : 
 
 1. To authorize the issue of the several classes of obligations 
 enumerated in chapter seven of this act ; 
 
 2. To change the map or plan of the city so as to lay out new 
 streets, parks, bridges or tunnels, to widen, straighten, extend, 
 alter or close existing streets, and to fix, establish or cliange the 
 grade of any street. No street shall bo close<l in whole or in part, 
 unless the board shall decide that the street, or so much thereof 
 as is to be closed, is no longer needed for public purposes. 
 
 3. To assign to other specific public use any property of the city 
 or of any county included therein determined by the board to be 
 no longer required for the purpose for which it was acquired or 
 is used ; 
 
 4. To exchange real property of the city, or of any county in- 
 cluded therein, no longer needed for a public purpose, for real 
 
30 
 
 property of equal or greater value within the same borough, pro- 
 vided the board shall determine such property to be needed for a 
 public purpose ; 
 
 5. To settle and adjust, by mutual conveyances or other appro- 
 priate instruments, disputes about boundary lines, and to release 
 such interests of the city in real estate as the corporation counsel 
 shall certify in vs^riting to be mere clouds upon title ; 
 
 6. To sell and convey the right, title and interest of the city in 
 and to lands lying within any street that may have been closed in 
 whole or in part, to the owners of land fronting on the part of the 
 street so closed, provided the board shall first determine that the 
 land so sold and conveyed is not needed for any public use ; 
 
 7. To sell at the highest price at public auction or by sealed 
 bids, after public advertisement in the City Record for a, period of 
 at least fifteen days, and after appraisal made under the direction 
 of the board within three months immediately preceding the date 
 of sale, when no longer needed for a public purpose, any city 
 or county property, except ferries, parks and water-front property. 
 Except as otherwise provided by law, the proceeds of any sale 
 other than of personal property, shall on receipt, after the deduc- 
 tion of necessary charges, be paid to the credit of the " sinking 
 fund of the city of 'N&w York for the redemption of the city 
 debt." The proceeds of any sale of land in the county of New 
 York and the buildings thereon, occupied or reserved for school 
 purposes and no longer required therefor, shall be paid into the 
 " sinking fund of the city of ISTew York for the redemption of 
 the city debt " if the property was acquired prior to January first, 
 eighteen hundred and ninety-eight, but if acquired subsequently, 
 such proceeds shall be paid into " the sinking fund of the city of 
 New York." The proceeds of sale of personal property, except 
 as otherwise provided in this act, shall be paid into " the general 
 fund for the reduction of taxation ;" 
 
 8. To lease in like manner as provided for sales in subdivision 
 seven of this section, any city or county property except parks, 
 streets, ferries and water-front property; but no lease or any re- 
 newal thereof shall be for a longer term than ten years, except as 
 otherwise specifically provided in this act. All rentals shall, after 
 the deduction of necessary charges, immediately be paid to the 
 credit of " the sinking fund for the redemption of the city debt," 
 except as by law otherwise provided ; 
 
 9. To lease all or any part of the rights, title and interest here- 
 tofore or hereafter acquired by the city in and to any lands out- 
 
31 
 
 side the city for the sanitary protection of the water supply, and 
 to grant in i>erpetuity or for shorter periods, subject to such re- 
 strictions as the board may deem proper, rights, fakements, or 
 rights of way in, over, under or across any such lands for highway 
 or other purposes, or for the improvement of the facilities and 
 public service of railroads lawfully located thereon, provided no 
 such lease or grant shall bo made unless the board shall tirst 
 determine that the said lands or interest therein so leased, 
 granted or conveyed, are to be used or enjoyed for a purpose 
 which is consistent with the sanitary protection of the water 
 supply of the city, and provided that every such grant or lease 
 shall contain covenants restricting the use of such lands or in- 
 terest therein in accordance with the determination of the board; 
 
 10. To rent any real estate or buildings for the use of the city 
 or of any of the counties wholly included therein, including prem- 
 ises for armories and drill rooms and places for the safe-keeping 
 of arms, uniforms, equipments, accoutrements and camp equi- 
 page of the national guard; 
 
 11. To assign the i>laccs where courts of general sessions and 
 inferior local courts shall be held ; to change the place of holding 
 any such courts; to assign and designate police stations for the 
 detention of prisoners; to designate for all purposes for which 
 common jails may by law be used any building or buildings 
 within the city to be common jails thereof or of any of the coun- 
 ties wholly included therein; such building or buildings to 
 remain such common jails until other buildings shall be desig- 
 nated for any such purpose; 
 
 12. To select, locate and lay out sites for playgrounds and 
 school farms; 
 
 13. To select all sources of water supply nee<led for the supply 
 and distribution of water, and acquire by purchase, lease or 
 otherwise any real property as defined in section two hundred and 
 eighty-one of this act, necessary to secure the sole and exclusive 
 property in any source of water supply determined upon, an»l 
 wholly to distinguish the water rights of any person therein, with 
 the right to lay, relay, repair and maiiitain aqueducts, conduits 
 and water pipes with the connections and fixtures on the lands of 
 others; for the purpose of conducting water to the city, to inter- 
 cept and direct the flow of water from the lands of riparian own- 
 ers and from persons owning or interested in any water; and to 
 prevent the flow or drainage of noxious or impure matter from 
 the lands of others into its reservoirs or sources of water supply; 
 
32 
 
 14. To acquire by lease, purchase or otherwise, real property 
 as defined in section two hundred and eighty-one of this act, 
 needed for any city purpose; 
 
 15. To authorize the water commissioner to enter into con- 
 tracts with any persons engaged in the business of supplying or 
 selling water for private or public use and consumption, provided 
 the proposed contract, in the exact form in which the same is to 
 be executed, shall receive the approval of members of the board 
 entitled to cast not fewer than twelve votes and the separate 
 written approval of the mayor and the comptroller. All proceed- 
 ings relating to the making or approval of any such contract, in- 
 cluding the terms thereof, may be reviewed by the appellate 
 division of the supreme court in the first or second department 
 on the application of any resident taxpayer; 
 
 16. To cause water meters, of a pattern and price approved 
 by it, to be placed in all or any places in which water is fur- 
 nished by the city, for the purpose of measuring the same ; 
 
 17. To determine any controversy with regard to jurisdic- 
 tion or powers that may arise between any departments, its deci- 
 sion thereon to be final. No proceedings, negotiations or contract 
 for the acquisition for any purpose of real property as defined in 
 section two hundred and eighty-one hereof, the cost of which is to 
 be paid by the city or by assessment, shall be begun or entered 
 into without the approval of the board. 
 
 18. To grant permission to any person authorized to operate or 
 maintain wires and electrical conductors to remove the same 
 from above the surface of any street or water-front property and 
 to place them under ground ; 
 
 19. To remove or cause to be removed wires and electrical con- 
 ductors from above the surface of any street or water-front prop- 
 erty and to place or cause the same to be placed under ground ; 
 
 20. To regulate the stringing of wires, electrical conductors and 
 other means of conveying electricity, gas, steam, air or other force 
 or substance above or beneath the surface of any street or any 
 water-front property, including the erection or construction of 
 poles, conduits and other means for supporting or containing the 
 same. The removal from above the surface and the placing under 
 ground of wires and electrical conductors and the construction 
 and erection of poles, conduits and other means of supporting or 
 containing the same shall be done under the supervision of the 
 street commissioner, in accordance with rules and regulations to 
 be prescribed by the board. 
 
33 
 
 21. To authorize any gtUL-ral or local improvement. 
 
 § 65. The board shall devise and formulate a plan for the com- 
 prehensive development and improvement of all parks and streets 
 under the control of the park board, so tliat as far as practicable 
 each borough shall contain a connected and continuous park sys- 
 tem. Xo plan adopted pursuant to this provision shall be changed 
 in any particular without the express authority of the board of 
 estimate and apportionment. 
 
 § 66. The board may: 1. Inquire into, settle and adjust any 
 claim against the city and authorize the payment thereof, whether 
 or not an action be pending thereon, for work dune, materials or 
 supplies furnished, or services n-ndered, provided it shall apiK-ar 
 to the board, after public examination of witnesses under oath 
 by the board or any member thereof, that it is just for the city to 
 pay the same without regard to any defense at law which the 
 city may have thereto other than the statute of limitatioms; but 
 the board shall not authorize the payment of any claim for ser- 
 vices performed under an appointment or employment made in 
 violation of the civil service law; but this section shall not be 
 construed to permit the grant of any extra compensation to any 
 I)ublic officer, servant or contractor; 
 
 2. Hear and determine any application for relief from an 
 assessment, or any part thereof, for a local improvement, provided 
 that the amount of the assessment as so readjusted shall be paid 
 forthwith by the aj^jilicant ; and no person who shall have made an 
 application to the board for relief hereunder shall thereafter 
 maintain an action or proceeding for relief from such assessment 
 or any part thereof, or to set the same aside. 
 
 § 6Y. The board shall, by written notice to the chaml>erlain, 
 designate the banks or trust companies in which the moneys of the 
 city shall bo deposited, and may by like notice from time to time 
 change the banks or trust companies thus di^signated ; but no bank 
 or trust company shall bo so designated unless it shall agree to pay 
 interest to the city on the daily balances of the city at a rate to 
 be fixed by the board, which rate shall be fixed quarterly as of the 
 first days of February, ^fay, August and November in each year. 
 
 § 68. The board shall prescribe the standard in any class of 
 supplies needed for any purpose by any department, board, com- 
 mission or officer of the city, and in any class of materials em- 
 ployed in any work performed for the city; and all contracts there- 
 for shall require conformity to such standard. So far as the board 
 may deem practicable, the tonus, conditions and specifications of 
 all contracts shall be uniform. 
 
34 
 
 § 69. The board may require any officer or employee to exe- 
 cute and file an undertaking to the city for the faitliful discharge 
 of his duties. Every such undertaking shall be approved as to its 
 form and sufficiency of the sureties- by the board, and shall be filed 
 with the city clerk. 
 
 § TO. The board may prescribe and adopt general rules and 
 regulations with respect to the form of keeping and rendering 
 all city accounts, to the end that, as far as practicable, there may 
 be a uniform system of departmental accounting. It may audit 
 or cause to be audited the accounts of all officers, bureaus and 
 employees charged with the collection and receipt of money for 
 or in behalf of the city. 
 
 § 71. In all cases where the board authorizes a local improve- 
 ment to be made, it shall determine how much, if any, of the 
 cost and expense thereof shall be paid by the city; and the re- 
 mainder shall be assessed upon the property deemed to be benefited 
 thereby. The determination by the board shall be final. 
 
 § Y2. On the fifteenth day of January, April, July and 
 October in each year, the board shall publish a statement of the 
 indebtedness of the city existing on the first day of the month of 
 such publication. It shall annex thereto a statement of the as- 
 sessed valuation of the real estate subject to taxation as it ap- 
 peared by the assessment-rolls of the city on the last preceding 
 assessment for state or county taxes. Each such statement of 
 indebtedness shall show the amount of : 
 
 1. All corporate stock outstanding; 
 
 2. All assessment bonds outstanding; 
 
 3. All outstanding revenue bonds issued for account of unpaid 
 taxes for years prior to the year of their issue ; 
 
 4. Claims against the city in course of settlement not payable 
 out of taxes or proceeds of revenue bonds or special revenue bonds ; 
 the amount to be shown in the statement shall be so much of the 
 aggregate of all the claims as the board may deem sufficient to 
 provide for the satisfaction thereof ; 
 
 5. The estimated cost to the city of acquiring title to real estate 
 in actual course of condemnation, in proceedings in which no 
 award shall have theretofore been made, including taxable costs, 
 disbursements, fees and expenses; the amount to be included in 
 the statement shall be determined by the board from estimates 
 furnished, upon its request, by the corporation counsel ; 
 
 6. Unpaid awards and costs in condemnation proceedings, con- 
 firmed and unconfirmed ; 
 
35 
 
 7. The estimated cxpciKliture other tbiui from appropriations 
 under all contracts signed by the head of any department, bureau, 
 board or commission, whether or not certified by the comptroller; 
 
 8. All amounts standing to the credit of trust accounts on the 
 books of the city. In determining the several amounts to be 
 inserted in such statements, no deduction shall be made of cash 
 received by the city from the sale of corporate stock or bonds other 
 than revenue bonds or special revenue Ixjnds, unless such cash 
 shall have been specifically appru])riated and set aside for the 
 purposes for which such stock or bunds were issued ; nor shall 
 any deduction be made of any uninvested cash in any of the 
 sinking funds, or of any obligation of the city held by any of the 
 sinking funds which, by the provisions of section ten of article 
 eight of the constitution of the state is not to be included in ascer- 
 taining the power of the city to become indebted. 
 
 § 73. The corporation counsel shall furnish to the board on 
 or before the tenth day of September in each year a list of all 
 reports in condemnation proceedings confirmed for the preceding 
 twelve months with the amount of awards and costs taxed in 
 each proceeding. The comptroller shall, on or before the same 
 date, furnish the board with a statement of the amounts of such 
 awards and costs, and of the amounts paid thereon and due 
 thereafter. 
 
CHAPTER VI. 
 The Sinking Funds. 
 
 Section 74. The board of commissioners of ttie sinking fund 
 of The City of New York as heretofore constituted is abolished. 
 All powers and duties heretofore by law or ordinance vested in 
 or imposed upon the said board, or any board or body analogous 
 thereto of the municipalities or parts thereof, heretofore united 
 and consolidated to form the city, and of the counties within the 
 city, are devolved upon the board of estimate and apportionment, 
 which for the purposes of all such powers and duties 
 shall become and be the commissioners of the sinking fund 
 of the city. The term " board," wherever used in this chapter, 
 shall mean the board of estimate and apportionment, acting as 
 commissioners of the siziking funds. The board shall administer 
 each of the several sinking funds of the city, and shall carry 
 out the several trusts and fulfill the obligations relating thereto, 
 in the same manner as the board of commissioners of the sinking 
 fund of The City of New York were by law or ordinance required 
 to do before the date when this act takes effect. The assets and ac- 
 counts of each of said sinking funds shall, except as in this act 
 otherwise provided, be kept separate and distinct, and the same 
 shall in all respects be administered as independent trusts, subject 
 to and governed by the several provisions of law or ordinance here- 
 tofore relating thereto, with the intent and purpose of preserving 
 inviolate the rights of holders of bonds and stocks heretofore issued 
 by any of the municipal and public corporations or parts thereof 
 heretofore united and consolidated to form the city, including the 
 coimties of Kings and Richmond. 
 
 § 75. The sinking funds are las follows and each of the same 
 shall be continued and preserved inviolate until the purpose for 
 which it was created shall have been fulfilled : 
 
 1. The " sinking fund of The City of New York for the re- 
 demption of the city debt," being the sinking fund for the redemp- 
 tion of the debt of the mayor, aldermen and commonalty of The 
 City of New York as such corporation existed prior to January 
 one, eighteen hundred and ninety-eight; 
 
 2. The " sinking fund of The City of New York for the pay- 
 ment of interest," being the sinking fund for the payment of in- 
 
 [30. 1 
 
37 
 
 terest accruing and to accrue upon the debt referred to in the 
 preceding subdivision of this section ; 
 
 3. " The sinking fund for the redemption of the city debt num- 
 ber two," being the siidving fund for the redemption of the water 
 bonds of the mayor, aldermen and commonalty of The City of 
 'New York issued by the said corporation between the first day 
 of January, eighteen hundred and eighty-four, and January one, 
 eighteen hundred and ninety-eight ; 
 
 4. " The sinking fund of the city of Brooklyn," being the sink- 
 ing fund for the redemption of the debt, except for water purposes, 
 of the city of Brooklyn, as the debt existed prior to January one, 
 eighteen hundred and ninety-eight ; 
 
 5. '* The water sinking fund of the city of Brooklyn," being 
 the sinking fund for the redemption of the bonds of the said city 
 issued for water purposes prior to January one, eighteen hundred 
 and ninety-eight ; 
 
 6. " The sinking fund of Long Island City for the redemption 
 of revenue bonds ;" 
 
 7. " The sinking fund of Long Island City for the redemption 
 of water bonds," issued by said city prior to January one, eighteen 
 hundred and ninety-eight; 
 
 8. " The sinking fund of Long Island City for the redemption 
 of fire bonds," issued by said city prior to January one, eighteen 
 hundred and ninety-eight ; 
 
 9. " The sinking fund of The City of Xew York," being thb 
 sinking fund for the redemption of the corporate stock of The 
 City of New York, other than for water purposes, issued since 
 January one, eighteen hundred and ninety-eight; 
 
 10. " The water sinking fund of The City of New York," 
 being the sinking fund for the redemption of corporate stock of 
 The City of New York issued for water purposes since January 
 one, eighteen hundred and ninety-eight; 
 
 11. The special sinking fund heretofore created for the re* 
 demption of corporate stock issued for ]nirposes of rapid transit; 
 
 12. Such special sinking funds as may hereafter be created for 
 the redemption of corporate stock issued for purposes of rapid 
 transit. 
 
 § 76. " The sinking fund of The City of New York," as the 
 same now exists, shall be continued and shall have for its purposes 
 the payment of the principal of the debt of the city incurred after 
 January one, eighteen hundred and ninety-eight, or which shall 
 hereafter be incurred as to which no provision for pa^^nent, other- 
 
38 
 
 wise than from taxation is made; but revenue bonds, special rev- 
 enue bonds, general fund bonds, bonds issued to provide for the 
 supply of vp-ater and assessment bonds, shall not be a charge upon 
 the said sinking fund. In determining said debt there shall alsc 
 be deducted the amounts annually received from the operation oi 
 any rapid transit railroad or railroads for the construction of 
 which bonds have been or shall hereafter be issued pursuant to 
 the provisions of the rapid transit act applicable to the city or 
 any municipal corporation or territory embraced therein. For 
 the redemption of such debt there shall be included annually in 
 the budget and paid into the sinking fund of The City of JSTew 
 York as heretofore created and hereby continued, an amount, to 
 be estimated and certified by the comptroller, which, with the ac- 
 cumulations of interest thereon, shall be sufficient to meet and dis- 
 charge such debt at maturity ; and this amount shall not be subject 
 to rejection or reduction by the council. 
 
 § 77. Whenever the bonds and stocks which are charges or 
 liens on any sinking fund shall, in resjaect to any such sinking 
 fund, be wholly discharged, the revenues of such sinking fund 
 shall tlaereupon and thereafter be paid into the " sinking fund of 
 The City of New York." Whenever such payments shall be made, 
 the comptroller in making the certificate to the board of estimate 
 and apportionment as required by section seventy-six, shall 
 take into account the amount thereof, and the board shall deduct 
 the same from the estimated amount to be included in eacli year's 
 budget as herein provided. 
 
 § 78. The fund known as the " sinking fund of The City of 
 N^ew York for the payment of interest " accruing and to accrue 
 upon the stocks of said city until the same be fully and finally re- 
 deemed, shall, after providing for the interest on the bonds and 
 stocks now payable therefrom as provided by law, form a 
 fund which shall be transferred to the " sinking fund of The City 
 of New York for the redemption of the city debt ;" provided, how- 
 ever, that nothing herein contained shall authorize the payment 
 from said fund of any interest which may accrue on bonds issued 
 "by the corporation of The City of New York since January first, 
 eighteen hundred and ninety-eight, or which may liereafter be 
 issued by the city. Like funds in any of the municipal or public 
 corporations or parts thereof heretofore m^ade part of the corpora- 
 tion of The City of New York, including the counties of Kings 
 and Richmond, shall likewise be continued; and any surplus that 
 may remain therein after fully satisfying all claims, liens or 
 
39 
 
 charges that may, pursuant to law or ordinance, exist against sucb 
 funds shall, unless otherwise provided by law, be transferred to 
 the " sinking fund of The City of Xew York." 
 
 § 79. 1. Between the city and its creditors, holders of its 
 bonds and stocks, including the bonds or stocks of tho municipal 
 or public corporations or parts thereof consolidated to form The 
 City of New York, and of the counties of Kings and Kichmond, 
 there shall be and there is hereby declared to be a contract that the 
 funds and revenues of the city, of all other corporations herein 
 mentioned and of said counties of Kings and Richmond, and the 
 funds, pursuant to any law, to be collected from assessments by 
 this chapter pledged to the sinking fund for the redemption of 
 the city debt, shall be accumulated and applied only to the pur- 
 poses of the said several sinking funds as prescribed by law, until 
 all of said debt redeemable therefrom be fully redeemed and paid 
 as herein provided. 
 
 2. No reduction ^hall be made in any of the rates or charges 
 affecting any item or source of the revenue of any sinking fund 
 or of the general fund, except that places of public worship may 
 be exempted from the payment of any fee for the construction 
 of vaults under the sidewalk or in front thereof. All revenues of 
 the city not by law otherwise specifically appropriated, shall, 
 when received into the city treasury, be credited to the general 
 fund, except such proceeds of policies of insurance as shall be 
 authorized by the board of estimate and apportionment to be 
 applied to repair, replace or reconstruct any public property 
 injured or destroyed and covered by such insurance. 
 
 § 80. Nothing in this chapter shall be held to require or 
 authorize the commissioners of the sinking fund to use or apply 
 anv of the revenues of the sinking fund for the redemption of the 
 city debt or any of the accumulations in said fund, in such man- 
 ner as to lessen or impair the security now furnished by said 
 fund for the payment of tho bonds and stocks of the corporation 
 known as the mayor, aldermen and commonalty of The City of 
 Kew York for the payment of which the said fund is now 
 plctlffod bv law; and the said bonds and stocks so secured by law 
 are hereby declared to constitute a preferred charge on said sink- 
 ing fund until the same shall be fully and finally paid. 
 
 § 81. The "consolidated stock" of the mayor, aldermen and 
 commonaltv of The City of New York, issued pursuant to the 
 provisions of section one hundred and seventy-six of chapter 
 four hundred and ten of the laws of eighteen hundred and eighty- 
 
40 
 
 two, after full provision for tlie preferred bonds land stocks of 
 said city, as in the preceding section specified, shall form a charge 
 upon the said " sinking fund for the redemption of the city debt," 
 .and any part of the bonded debt of said corporation due and not 
 exchanged for or redeemed from the proceeds of said consolidated 
 stock as provided by law, may be paid from said " sinking fund 
 of The City of ISTew York, for the redemption of the city debt," 
 provided such payment shall not in any way impair the preferred 
 claims thereon as specified in the preceding section. 
 
 § 82. Whenever the revenues or income of any sinking fund 
 will, in the opinion of the board, be less in any year than the 
 amount required to jDay the interest upon the bonds and stocks 
 redeemable from said fund and to provide a sum, which with the 
 accumulation of interest thereon shall be sufficient to redeem 
 said bonds and stocks at their maturity, the board of estimate and 
 apportionment shall include the amount of such deficiency in the 
 annual budget for the year next ensuing to be raised by tax on the 
 estates, real and personal, in said city, subject to taxation: and 
 the amount so raised by tax shall, on the first day of November 
 of the year in which the same shall be levied, be paid to the 
 board as commissioners of the sinking fund for account of the 
 sinking fund in which the deficiency exists. 
 
 § 83. The board, acting as commissioners of the sinking 
 fund, is authorized and empowered to call in, pay and redeem 
 any of the obligations of the city as defined in section eighty-four 
 of this act, except revenue bonds, special revenue bonds and as- 
 sessment bonds, and for this purpose may by resolution receiving 
 at least twelve votes direct the comptroller to issue and sell corpo- 
 rate stock at not less than par. All certificates so redeemed shall 
 be cancelled forthwith. 
 
CHAPTER VII. 
 
 Corporate Stock, Bonds and Obligations. 
 
 Section 84. Obligations for the payment of money, other than 
 contracts for work, materials and supplies, hereafter entered into 
 or issued by the city, shall be of the following classes only, 
 namely : 
 
 1. Assessment bonds; 
 
 2. Kevenue bonds ; 
 
 3. Special revenue bonds ; 
 
 4. General fund bonds ; 
 
 5. Corporate stock. 
 
 Corporate stock shall be of three classes only, namely: 
 
 Class A. Eedeemable from the sinking fund of The City of 
 New York ; 
 
 Class B. Eedeemable from the water sinking fund of The City 
 of New York; 
 
 Class C. Eedeemable from any sinking fund created pursuant 
 to the provisions of the rapid transit act, chapter four of the 
 laws of eighteen hundred and ninety-one, and the acts amendatory 
 thereof. 
 
 For the redemption and payment of all classes of obligations 
 enumerated in this section, and the interest thereon, the faith and 
 credit of the city shall Ix- and are hereby pledged. 
 
 § 85. No obligations of the classes enumerated in section 
 eighty-four shall be issued unless authorized by the board of 
 estimate and apportionment by at least twelve votes. All suras 
 received by the city from the sale of any such obligations, in 
 excess of the par or face value thereof, shall be paid into the 
 general fund for the reduction of taxation. 
 
 § 86. The several classes of obligations enumerattd in section 
 eighty-four are as follows, respectively: 
 
 1, " Assessment bonds " — 
 
 a. Obligations issued to provide means necessary to pay 
 all damages awarded by commissioners of estimate and assess- 
 ment in reports hereafter or heretofore confirmed in proceedings 
 taken to open, widen or extend any street, park or parkway, or to 
 acquire title to lands required for any bridge, tunnel or approach 
 thereto, the expense whereof is to be collected by assessment in 
 
 [41] 
 
42 
 
 whole or in part upon the property benefited, and the commis- 
 sioners' fees and the costs and expenses of such proceedings, as 
 taxed therein. These bonds shall be known as street and park 
 opening assessment bonds. 
 
 b. (1) Obligations issued to provide means necessary to 
 pay all expenses incurred or to be incurred on account of regulat- 
 ing, grading, curbing, flagging and paving streets, constructing 
 sewers and drains, for the right of way required for sewers or 
 drains, the expense of plans and surveys and the fees of com- 
 missioners, and on account of all other work ordered to be done 
 by contract by virtue of any resolution of the board of estimate 
 ■and apportionment or any local board the expense whereof is 
 to be collected by assessment in whole or part upon the property 
 benefited, or on account of any local improvement or other public 
 work heretofore executed or hereafter to be executed under the 
 provisions of any law in all cases in which such expense is to be 
 paid in whole or part by assessment upon the property bene- 
 fited. These bonds shall be known as street improvement fund 
 bonds. 
 
 b. (2) Obligations issued to meet the cost of restoring street 
 pavements broken or damaged by any person or corporation au- 
 thorized by permit to open the streets as provided in the adminis- 
 trative code. The moneys collected pursuant to the provisions of 
 the administrative code shall be set apart when collected as a 
 trust fund and applied to the redemption of the principal and 
 interest of such bonds. 
 
 b. (3) Obligations issued to provide the means necessary to 
 pay the expense of any local improvement, the full expense 
 whereof is not assessed upon the property benefited by such work 
 because of section two hundred and sixty-eight. 
 
 e. Obligations issued when the amount in the street and park 
 opening fund or in the street improvement fund shall be insuffi- 
 cient to meet and pay, as they become due and payable, any bonds 
 theretofore issued by the city payable from said funds respectively. 
 
 d. Obligations issued to provide such amounts as may be re- 
 quired to meet when necessary deficiencies caused by delay in col- 
 lecting arrears of assessment, the aggregate amount so issued not 
 to exceed at any time the aggregate amount of arrears then out- 
 standing not deemed collectible. 
 
 2. "Revenue bonds" — bonds or obligations issued in an- 
 ticipation of the collection of taxes and redeemable out of the tax 
 
43 
 
 levy for the year in which they are issued, and the amount of 
 which in no year shall exceed the amount of such levy. 
 
 3. " Special revenue bonds " — bonds or obligations redeemable 
 out of the proceeds of the tax levy for the year immediately suc- 
 ceeding the year of their issue and for the full payment of which 
 provision shall be made in the budget for the year next following 
 the year of their issue; 
 
 4. " General fund bonds " — bonds or obligations the issue of 
 which is authorized by section ninety-eight. 
 
 5. " Corporate stock of The City of New York " — all other 
 bonds or obligations which shall be issued only to provide mean^ 
 necessary to })ay the cost of 
 
 (1) Permanent improvements; 
 
 (2) Acquisition of real property; 
 
 (3) Acquisition of the rights of persons or corporations in and 
 to franchises as defined in section five of this act ; 
 
 (4) Acquisition of lands and easements for rapid trani^it rail- 
 roads and the construction and equipment thereof ; 
 
 (5) Redemption of corporate stock at maturity; and of assi r-s- 
 ment bonds authorized to be issued by this chapter ; 
 
 (6) Ivetirement and refunding of the city debt or any part 
 thereof at any time existing; 
 
 (7) Personal property of durable character ; but corporate stock 
 shall not be issued for the purchase of personal property which i- 
 perishable or in the nature of a supply for current use. 
 
 Nothing herein contained shall be deemed to prohibit the i?- 
 sne of corporate stock authorized or required to be issued by any 
 statute in force immediately prior to the date when this act takes 
 effect if all such stock shall not theretofore have been issued. 
 
 § 87. All obligations of the classes enumerated in section 
 eighty-four shall be free and exempt from all taxation. Such 
 obligations shall be in form as designated by the comptroller and 
 mayor, and shall be signed by the comptroller, sealed with the 
 common seal of the city, and attested by the city clerk. 
 
 § 88. The cor}x»rate stock of the city shall be in the form af 
 coupon stock or registered stock, and the certificates thereof shall 
 be of such denominations of not loss than ten dollars each as the 
 comptroller may determine. It shall, at his option, be conditioned 
 to be paid in gold coin or legal currency of the United States, or 
 in sterling, francs, or marks, at a stipulated rate of exchange, and 
 shall be made redeemable at a period of not less than ten years 
 nor more than fifty years from the date thereof. 
 
44 
 
 § 89. The interest to be paid on the obligations of the city au- 
 thorized to be issued by this chapter, except interest upon revenue 
 bonds and special revenue bonds, shall not exceed the rate of four 
 per centum per annum on corporate stock, or five per centum 
 per annum on assessment bonds ; and interest on all obligations of 
 the city shall be made payable at times and places to be fixed by 
 the comptroller at the time of their issue. 
 
 § 90. All bonds and stock of the city which may hereafter 
 be issued, except such bonds or stock as may be purchased for in- 
 vestment of any sinking funds, shall be offered at public sale by 
 the comptroller, and proposals therefor shall be invited by public 
 advertisement for at least ten days ; but the board of estimate 
 and apportionment may authorize the comptroller to issue rev- 
 enue bonds or special revenue bonds without public advertisement. 
 No proposals for less than the par value of such bonds or stock 
 shall be received. Every bidder shall, at the time of his proposal, 
 deposit with the comptroller in cash, or by a certified check 
 drawn to the order of the comptroller upon a trust company or 
 a bank incorporated and doing business under the laws of this 
 state, or upon a national bank, a sum to be fixed by the comp- 
 troller, not exceeding two and one-half per centum of the par 
 value of the bonds or stock bid for in such proposal. Deposits 
 other than those made by bidders to whom awards of such bonds 
 or stock are made, shall be returned to the bidders within three 
 days after awards of the bonds or stock offered for sale shall 
 have been made. Proposals for all or none of the bonds or stock 
 offered for sale shall be received only from persons who shall also 
 have bid for all or any part of the bonds or stock. Bidders may be 
 required to accept part of the bonds or stock bid for by them at 
 the prices specified in their bids, if such bids be not made for all 
 or none. All proposals received shall be opened by the comp- 
 troller in the presence of at least two other members of the board 
 of estimate and apportionment. Bonds or stock offered for sale 
 shall be awarded by the comptroller to the highest bidders there- 
 for ; and if said highest bidders shall fail to pay the amount bid by 
 them for such bonds or stock, less the amount deposited with their 
 proposals, to the comptroller, within five days after service upon 
 them of written. notice of such award, the amount of said deposit 
 shall be forfeited to and retained by the said city as liquidated 
 damages, and shall thereafter be paid into the sinking fund of 
 The City of ISJ'ew York for the redemption of the city debt. The 
 comptroller may, with the approval of the board of estimate and 
 
45 
 
 apportionment, reject any or all bids received at any sale. If at 
 any time any part of the bonds or stock so offered at public sale 
 shall fail to be sold, the comptroller may sell the same at private 
 sale, for not less than the par value thereof. 
 
 § 91. Upon the application of the owner, either in person or 
 by attorney, any obligation of the foregoing classes shall be regis- 
 tered in the finance department, and such obligation shall there- 
 after be transferable only upon the books of the city, and in ac- 
 cordance with reasonable rules to be prescribed by the comp- 
 troller, and the fact of such registry and transfer shall be in- 
 dorsed thereon by direction of the comptroller. Stocks or 
 bonds which have been or may be issued in coupon form, 
 may be registered in accordance with reasonable rules pre- 
 scribed by the comptroller; and the interest on all such 
 coupon stock or bonds when so registered shall, as the same 
 becomes due and payable, be paid in like manner as upon 
 registered stock or bonds of the city. Whenever stock or bond? 
 so registered shall have coupons attached, the comptroller may, 
 upon registration, detach such coupons and cause the registration 
 of such stock or bonds to be indorsed thereon, with a reference to 
 this section. Such registration shall not affect the negotiability of 
 the coupons belonging to any coupon bond ; but every such coupon 
 shall continue to pass by delivery and shall remain payable to 
 bearer. Any registered bond may be discharged from registry by 
 transfer in like manner upon the books of the city to bearer, ard 
 thereafter transferability by delivery shall be restored. Any reg- 
 istered bond, without coupons, may be transferred in like manner 
 upon the books of the city, upon surrender of the certificate of 
 stock or the bond for cancellation, accompanied by delivery of 
 a written instrument of transfer, in a form approved by the 
 comptroller, duly executed by the registered holder of such certifi- 
 cate of stock or bond, and thereupon a new registered bond or 
 certificate of stock for an equivalent sum shall be issued to the 
 transferee or transferees. 
 
 § 92. The comptroller a:? authorized by the board of estimate 
 and apportionment shall issue for such periods as he may deter- 
 mine, not exceeding ten years: 
 
 1. Street and park opening bonds. 
 
 2. Street improvement fund bonds. 
 
 3. Assessment bonds authorized for other purposes. 
 
 The purpose for which these several classes of assessment l>onds 
 shall be issued shall be briefly statetl upon the face of each bond. 
 
46 
 
 § 93. The fund heretofore established and now existing in the 
 city treasury entitled the '' fund for street and i3ark openings " 
 shall be continued and shall consist of 
 
 1. Whatever cash balance in said fund may upon January first, 
 nineteen hundred and ten, be on deposit in the city treasury ; 
 
 2. Whatever sums shall, under the provisions of law in force 
 on December thirty-first, nineteen hundred and nine, be required 
 to be paid into said fund; 
 
 3. All moneys received from the sale of assessment bonds known 
 as street and park opening bonds ; 
 
 4. All moneys hereafter collected by the city for or on account 
 of assessments made and confirmed or hereafter to be made and 
 confirmed for opening any street, park or parkway or acquiring 
 title to land required for any bridge, tunnel or approach thereto ; 
 
 5. All moneys received from the sale of corporate stock to pro- 
 vide means to pay such proportion, if any, of the damages 
 awarded by commissioners of estimate and assessment in pro- 
 ceedings taken to open any street, park or parkway, or to acquire 
 title to land required for any bridge, tunnel or approach thereto, 
 and all the costs and expenses of such proceedings, as the board 
 of estimate and apportionment shall by resolution direct to be 
 paid by the city. 
 
 All damages awarded by the commissioners of estimate and 
 assessment in reports heretofore or hereafter confirmed in proceed- 
 ings taken to open any street, park or parkway or to acquire title 
 to land required for any bridge, tunnel or approach thereto, all 
 commissioners' fees, and all costs and expenses of such proceedings 
 shall be paid from said fund. 
 
 § 94. 1. All street and park opening bonds shall when due be 
 paid from the fund for street and park openings; and in case 
 said fund shall be insufficient for that purpose the comptroller, 
 when thereto authorized by the board of estimate and apportion- 
 ment, shall issue corporate stock for an amount sufficient to pay 
 such street and park opening bonds ; or may, for the like purpose 
 and to the extent necessary, issue new street and park opening 
 bonds. 
 
 2. Whenever the amount of the damages awarded in any report, 
 together with commissioners' fees and the expenses and costs shall 
 exceed the balance remaining in said fund after deducting all out- 
 standing claims against said balance, the comptroller, when author- 
 ized .by the board of estimate and apportionment, shall raise 
 
47 
 
 hy ilie issue aud tale of street and park opening bonds such 
 amounts as shall be necessary to pay such damages, iees, costs and 
 expenses, but not to exceed the amount of assetjsments remaining 
 uncollected and a lien upon lands assessed for the benefit of street 
 and park openings added to the amount of the assessments that 
 remain to be imi)oscd in proceedings in which awards only have 
 been confirmed : provided, however, that in each and every case 
 in which by virtue of any existing statute or any statute hereafter 
 enacted, or by virtue of any act or resolution heretofore or here- 
 after adopted by any board or body having jurisdiction ])ursuant 
 to any statute, the whole or any portion of the awards made in any 
 proceeding and of the fees, costs and expenses thereof, are payable 
 out of the fund for street and park openings and are not to be 
 assessed upon the property benefited, but are to be paid by the 
 city, the board of estimate and apportionment may direct the 
 amount so to be paid by the city to be raised by the issue and sale 
 of corporate stock, the proceeds of sale to be paid into the fund for 
 street and park openings. 
 
 § 95. The fund heretofore and now existing in the city treas- 
 ury and entitled the " street improvement fund " shall be con- 
 tinued and shall consist of 
 
 1. All moneys received from the sale of street improvement 
 fund bonds issued for the purpose of providing means to 
 pay the cost of regiilating, grading, curbing, flagging and paving 
 streets, constructing sewers and drains, for the right of way re 
 quireel for sewers and drains, the expense of plans and surveys, 
 and the fees of commissioners, and all other work ordered to be 
 done by contract by virtue of any resolution which may hereafter 
 be adopted by the board of estimate and apportionment, or the 
 expense of which work is to be collected by assessment in whole 
 or in part from the property benefited thereby, or issued on ac- 
 count of any local improvement or other public work heretofore 
 executeel or which shall hereafter be executed under the provisions 
 of any law in all cases in which such expense is to be paid in 
 w^hole or in part by assessment upon the property benefited ; 
 
 2. Cash balances of assessments heretofore collected or to be 
 hereafter collected on account of similar contracts duly entered 
 into by the proper authorities prior to January first, nineteen 
 hundred and ten ; 
 
 3. AVhatever sums shall under the provisions of law in force on 
 December thirty-first, nineteen huudreel and nine, be required to 
 be paid into said fund ; 
 
 4. All moneys, not expressly pledged to any sinking fund. 
 
4S 
 
 collected by the city for or on account of assessments made and 
 confirmed or hereafter to be made and confirmed against areas 
 of benefit for any purpose described in subdivision one of this 
 section ; 
 
 5. All moneys received from the sale of 'corporate stock issued 
 to provide means necessary to pay the portion if any of the ex- 
 pense of such work which the board of estimate and apportion- 
 ment may by resolution direct to be paid by the city; or issued 
 to pay the expense of any local improvement in whole or in part, 
 because the assessment therefor has been set aside in whole or 
 in part. 
 
 All street improvement fund bonds shall be paid from the 
 street improvement fund. 
 
 § 96. Special revenue bonds. — The comtproller, as authorized 
 by the board of estimate and apportionment, shall issue special 
 revenue bonds to provide the means necessary to make payments 
 for the following purposes : 
 
 1. Expenses necessarily incurred in condemning unsafe build- 
 ings ; 
 
 2. Amounts audited and directed to be paid by the board of 
 estimate and apportionment pursuant to subdivision one of sec- 
 tion sixty-six of this act; 
 
 3. The reasonable costs, counsel fees and expenses paid or in- 
 curred or which shall hereafter be paid or incurred by any head 
 of department, city magistrate or judge of special sessions who 
 shall have been a successful party to any proceeding or trial to re- 
 move him from office, or who shall bring any action or proceeding 
 in which his title to office is in any way involved ; 
 
 4. Such amounts as may be necessary to pay judgments re- 
 covered against the city; provided, Jiowever, that when such judg- 
 ments shall have been recovered for county charges or liabilities 
 of any of the counties included within the city, separate accounts 
 shall be kept thereof, and the amount of all special revenue bonds 
 issued for such purposes shall be chargeable against the counties 
 respectively in the year in which such bonds shall be redeemed ; 
 
 5. Sums necessary, as determined by the board of estimate and 
 apportionment to meet the expenditures for the prevention of 
 danger from contagious or infectious diseases, in excess of the ap- 
 propriation made to the health department for any current year 
 for that purpose; 
 
 6. Claims, charges, expenses and appropriations which have 
 been or may la^vfully be payable by the city and the several 
 
4!> 
 
 counties wholly iucluUed within its limits, and for which no other 
 provision for payment has been made : and separate accounts shall 
 be kept of the bonds issued and payments made on account of 
 county charges anil expenses, and the comptroller shall ct-rtify 
 the amounts thereof t<j be raised by tax in the respective counties 
 and to be included in the general fund for the reduction of 
 taxation; 
 
 7. Deficiency in the cost of operatiuii and maintenance of all 
 the ferries operated by the city remaining after the application 
 to such cost of all net rentals from ferries leased by the city and 
 all revenues of ferries operated by the city. 
 
 § 97. Revenue Ixmds. — The comptroller is authorized to bor- 
 row, from time to time, on the credit of the city, in anticipation of 
 its revenues, such sums, not exceeding the estimate of said rev- 
 enues, as may be necessary to meet the expenditures under the 
 appropriations for each current year, including such amounts as 
 are to be raised by the city for county purixtses. 
 
 § 98. General fund bonds. — The board shall, in each and 
 every year until the maturity of all bonds and stock issued by the 
 city as constituted prior to January first, eighteen hundred and 
 ninety-eight, and redeemable from '' the sinking fund of The City 
 of New York for the redemption of the city debt," set apart out 
 of the revenues and income of said sinking fund, except the in- 
 come and accumulation thereof derived from assets held by said 
 sinking fund on January first, nineteen hundred and three, and 
 except also the income and accumulation thereof derived from the 
 amount to be thus annually set apart, a sum which, with the 
 accumulation of interest thereon, together with the said assets of 
 said sinking fund and the earnings and accumulations thereof, 
 shall be sufficient to redeem at maturity all said bonds and stock 
 redeemable from said fund. At least five weeks before the 
 annual meeting of the council in each year for the purpose 
 of determining the rate of taxation, the board may certify to the 
 council the amount, as estimated by it, of income from all sources 
 of said sinking fund during the then calendar year, and the 
 amount required by this section to be set apart for such calendar 
 vear out. of such revenues and income for the redemption of bonds 
 and stock to which said fund is pledged. If in any year the 
 estimated amount of revenues or income of said fund, excepting 
 the income and accumulation thereof derived from the assets held 
 by said fund on January first, nineteen hundred and three, and 
 from the amounts annually set apart for the redemption of bonds 
 
50 
 
 and stock as by this section required, shall exceed the amount 
 required to be set apart in such year as in this section provided, 
 the board may at the time of making said certificate to the coun- 
 cil, determine to invest the whole or any part of such excess in 
 general fund bonds for account of " the sinking fund of The City 
 of New York for the redemption of the city debt;" but such 
 investment sliall not be made in any year until the amount re- 
 quired by this section to be set apart for such year, as provided 
 herein, shall have been so set apart. The board shall then notify 
 the comptroller of the amount, if any, which it has determined 
 to invest in general fund bonds during the current year ; the comp- 
 troller upon its order, and upon receipt of the money thus to be in- 
 vested, shall issue and deliver to the board for account of said 
 fund, general fund bonds of the face value of the money received ; 
 and shall forthwith pay into the city treasury the money thus 
 received, which shall be deemed to be a part of the general fund 
 and be used for the reduction of taxation. General fund bonds 
 shall be issued to the board only, except as hereinafter in this 
 section expressly provided, for account of " the sinking fund 
 of The City of ISTew York for the redemption of the city debt." 
 They shall be valid and binding obligations of the city, and be sub- 
 ject to all provisions of law applicable to corporate stock of the 
 city not inconsistent with this section. They shall bear such rate 
 of interest, payable from taxation, not exceeding four per centum 
 per annum, and not less than the rate on sinking fund investments 
 made at the time in other corporate stock of said city, as shall be 
 determined by the board. Said bonds shall be due and payable 
 at such time as shall be determined by said board, but not earlier 
 than the year nineteen hundred and twenty-nine, and shall in all 
 respects, except as in this section otherwise expressly provided, be 
 like other corporate stock and bonds of the city. The rights, 
 powers, duties and obligations of the board of estimate and ap- 
 portionment as commissioners of the sinking fund in respect of 
 said general fund bonds, shall be the same in all respects, except 
 as in this section expressly provided, as with respect of all other 
 corporate stock of said city in said sinking fund. When all bonds 
 and stock of the former city of ITew York redeemable from said 
 fund shall have been paid, all general fund bonds therein shall 
 be canceled. If in any year it shall appear to the board that the 
 revenues and income of the said fund applicable thereto will be 
 insufficient to provide the sum by this section required to be set 
 apart in said year, the board shall include in the annual budget 
 
51 
 
 for the next ensuing year, a sum sufficient, when added to the 
 amount of the estimated revenues and ineume for that yean to make 
 good the deficiency ; and the council shall have no power to reduce 
 or reject any such appropriation. If at any time it shall be neces- 
 sary, in order to provide for the redemption of said bonds and 
 stock redeemable from said sinking fund, the board may pur- 
 chase from said sinking fund for account of any other sinking 
 fund in chapter six hereof specified, or may sell at public sale 
 to the highest bidder, such amount of general fund bonds then 
 held by '' the sinking fund of The City of New York for the re- 
 demption of the city debt " as may be necessary for that purpose. 
 AVhenever such general fund bonds are so purchased for other 
 sinking funds of the city, or are so sold at public sale, they shall 
 be a charge upon " the sinking fund of The City of Xew York,'' 
 and there shall be raised annually by taxation and paid into '' the 
 sinking fund of The City of New York " a sum which, with the 
 accumulation of interest thereon, shall be sufficient to redeem said 
 bonds at maturity. 
 
CHAPTER VIII. 
 
 The Administrative Departments. 
 
 TITLE I. 
 
 General Provisions. 
 
 Section 99. Except as otherwise expressly provided by law, 
 the head of every department may appoint and remove all officers 
 and enijjloyees under his control without reference to the tenure 
 of office of such j^erson ajDpointed or employed. 
 
 1. The number of officers and employees in any department, 
 and the salary or comjDensation of each, shall be such as the board 
 of estimate and apportionment shall prescribe and make provision 
 for in the budget. 
 
 2. The head of every department and all officers of counties 
 included in the city may make ratable deductions from the sala- 
 ries and wages of the officers and employees under their control 
 respectively on account of absence from duty without leave; but 
 no such deduction shall be made in those departments or offices in 
 which a fine or penalty may be imposed and where such fine or 
 penalty shall have been imposed for such absence. 
 
 3. 'No person holding a position in the classified municipal 
 civil service subject to competitive examination shall be removed 
 until he has been allowed an opportunity of making an explana- 
 tion ; and the true grounds of removal shall in every case be forth- 
 with entered upon the records of the department, office, board or 
 commission, and a copy thereof, with a copy of the charges and 
 the defence thereto, if any, shall be filed with the municipal civil 
 service commission. 
 
 § 100. 1. The head of each dejDartment other than the tax de- 
 partment, the health department, the park department, the board 
 of education and Bellevue and allied hospitals, may appoint and 
 at pleasure remove a deputy, who, during his absence or inability 
 to act, shall possess his powers and perform his duties except as 
 herein otherwise provided; during a vacancy in the office of head 
 
 [52] 
 
53 
 
 of the department, the deputy so appointed shall act as head 
 thereof. 
 
 2. Subject to provisions therefor in the budget, the head of 
 every such department may also appoint a deputy in each or any 
 borough. A'o person shall be apiX)inted a deputy in any borough 
 unless at the time of his appointment he shall be and for hve 
 years immediately prior thereto shall have b<3en a resident of the 
 borough ; removal from the borough shall vacate his office. 
 
 3. Subject to the provisions of this act and of the administra- 
 tive code, a deputy shall perform the duties prescribed by the head 
 of his department. 
 
 § 101. ^Vhere an officer is authorized by this act or the ad- 
 ministrative code to call and examine witnesses, or to make any 
 inquiry, he may compel by subpoena the attendance of witnesses 
 and the production of dociuncnts, books, and pajx^rs before him 
 with respect to the subject of inquiry, and may administer oaths 
 to witnesses. Any deputy may Ix; designated by the head of his 
 department to take such examination. But this section shall not 
 apply to the trial of members of the police and fire forces under 
 sections one hundred and fifty-three and one hundred and eighty- 
 one of this act. 
 
 § 102. All the authority, jurisdiction, rights, powers, duties 
 and obligations vested in or imposed upon any department at the 
 time this act takes effect, are continued, except as in this act or 
 in the administrative code otherwise specifically provided. The 
 head of each department shall prescribe the duties of its officers 
 and employees, in conformity with this act and the administrative 
 code, and may adopt general rules and regulations for the gov- 
 ernment of the department and the conduct of the public business 
 therein not inconsistent with the provisions of this act, of the 
 administrative code or of the ordinances of the council. All rules 
 and regulations in force in the different dei>artments at the time 
 this act takes effect are continued until altered or amended. But 
 no alterations or amendments hereafter made, and no rules and 
 regulations hereafter adopted, shall take effect until approved by 
 the mayor. 
 
 § 103. The board of estimate and apportionment may authorize 
 the establishment of a branch office of any department in any 
 borough. The main office of every department shall be in the 
 borough of ^Manhattan. 
 
 § 104. The polico pension fund, the fire department relief 
 fund, the public school teachers' retirement fund, and the health 
 
54 
 
 department pension fund, as they are severally constituted or 
 provided for by law at the time this act takes effect, are hereby 
 severally continued and shall be administered as provided in the 
 administrative code. 
 
 § 10'5. Wherever used in any chapter or title of this act, un- 
 less the context or subject matter otherwise requires, the words 
 " the board," " the department " or " the commissioner " (with or 
 Avithout the article) shall mean the board, department or com- 
 missioner whose duties and powers are prescribed in such chapter 
 or title. 
 
 TITLE 2. 
 Finance Department. 
 
 Section 106. The comptroller shall be elected at the general 
 election in the year nineteen hundred and nine and every four 
 years thereafter, and shall hold his office for the term of four years. 
 He shall give a bond to the city in the sum of two hundred and 
 fifty thousand dollars, conditioned upon the faithful discharge of 
 his duties, the sureties thereon to be approved by the mayor. His 
 salary shall be twenty thousand dollars a year. 
 
 § 107. A vacancy in the office of comptroller shall be filled by 
 appointment by the remaining members of the board of estimate 
 and apportionment, each casting one vote, the appointee to hold 
 office until the first day of January next succeeding the first an- 
 nual election after the happening of the vacancy. 
 
 § 108. The comptroller shall be the auditor, controller of ac- 
 counts and chief disbursing officer of the city. Subject to rules 
 and regulations adopted by the board of estimate and apportion- 
 ment, he shall prescribe the forms of keeping and rendering all 
 city accounts, and the manner in which all creditors, officers and 
 employees of the city shall be paid. 
 
 § 109. 1. No claim against the city or any county included 
 therein, payable in the first instance from the city treasury for 
 services rendered, work done or materials or supplies furnished, 
 except (1) claims reduced to judgment; (2) awards, costs, charges 
 and expenses duly taxed or ordered paid in judicial proceedings ; 
 (3) claims arising under the provisions of contracts made at pub- 
 lic letting; or (4) claims settled and adjusted by the board of esti- 
 matp and^ apportionment ; shall be paid unless the comptroller 
 shall ctrtify that the charges therefor are just and reasonable; 
 
and, except as herein above otherwise provided, all bills and 
 vouchers for any such services, work, materials or supplies shall 
 be subject to audit by the department of finance. 
 
 2. The comptroller shall not dispute the amount of any 
 salary or compensation established by law or by or under the 
 authority of the board of estimate and apportionment, nor shall 
 he question the performance of duty by any appointed olliccr or 
 employee, unless necessary to prevent fraud or waste. 
 
 § 110. In addition to such other bureaus as may be authorized 
 by the board of estimate and apportionment, there shall be in the 
 finance department : 
 
 1. A bureau of audit, the head of which shall be known as 
 " chief auditor " ; 
 
 2. A bureau of accounts, the head of which shall be known as 
 " chief bookkeeper " ; 
 
 3. A bureau of disbursements, the head of which shall be known 
 as " city paymaster " ; 
 
 4. A bureau of records, the head of which shall be kno\\ni as 
 " custodian of records ". 
 
 The duties of these bureaus shall be as authorized in the ad- 
 ministrative code. 
 
 TITLE 3. 
 
 The City Treasury. 
 
 Section 111. The chamberlain shall be the treasurer uf the 
 city and of each of the counties included therein. lie shall be the 
 custodian of all moneys belonging to the city, shall depo.^it them 
 in such banks or trust companies as shall have been designated 
 pursuant to section sixty-seven of this act, and shall pay all war- 
 rants drawn on the treasury by the comptroller. No money shall 
 be paid out of the treasury except upon warrants so drawn. The 
 chamberlain shall give a bond to the city in the sum of three 
 hundred thousand dollars for the faithful discharge of his duties. 
 
 § 112. There shall be in the department the following bureaus: 
 
 1. A bureau of the city treasury, the head of ,which shall be 
 known as " chief of the bureau of city treasury; " 
 
 2. A bureau of revenue, the head of which shall be known as 
 " receiver of taxes and revenues ; " 
 
 3. A bureau of licen'Scs, the head of which shall be known as 
 " chief of the bureau of licenses." 
 
56 
 
 § 113. All the provisions of the code of civil procedure relat- 
 ing to a county treasurer shall apply to the chamberlain as the 
 treasurer of each of the counties included within the city. 
 
 § 114. In addition to performing his duties as treasurer of 
 the city and of the counties included therein, the chamberlain 
 shall act as the custodian, agent or collector of such funds as may 
 be designated, and perform such duties as may be prescribed, by 
 any law of the state. 
 
 TITLE 4. 
 
 Tax Department. 
 
 Section 115. The department shall consist of the board of tax- 
 ation, the deputy tax commissioners, and other persons employed 
 in the duties of the department. The board of taxation shall con- 
 sist of a president, who shall be designated in his appointment, 
 and six other persons, who shall be called tax commissioners, one 
 of whom shall be an attorney and counselor admitted to practice 
 in the courts of record of this state, of not less than five years' 
 standing. ISTot more than five commissioners, including the presi- 
 dent, shall belong to the same political party on state and national 
 issues. Three of the commissioners, only two of whom shall 
 belong to the same political party shall be residents of the borough 
 of Manhattan; and each of the other boroughs shall be repre- 
 sented in the board by at least one commissioner resident therein 
 at the time of his appointment. 
 
 § 116. The board shall appoint deputy tax commissioners, 
 the number of whom shall be fixed by the board of estimate and 
 apportionment. In appointing deputy tax commissioners the 
 board shall apportion such appointments, as nearly as practicable, 
 among the several boroughs according to the population thereof. 
 No person shall be appointed deputy tax commissioner unless, at 
 the time of his appointment, he be, and for at least one year 
 prior thereto shall have been, an elector in the borough from which 
 he is appointed. 
 
 § 117. The tax department shall, in the manner herein and 
 in the administrative code provided : 
 
 1. Maintain an office in each borough; 
 
 2. Assess all property which is taxable in the city at its full 
 value except as otherwise expressly provided by law; 
 
57 
 
 3. Make all assessments for each year as of the first of January 
 of such year; 
 
 4. Make assessment-rolls for each yc^ar as herein provided and 
 preserve the same; 
 
 5. Make, and complete before the second Monday of January 
 in each year, but subject to corrections and additions, the entry 
 of all assessments, except assessments of special franchises and of 
 shares of slock of banks and banking associations ; 
 
 G. Make, and complete before the first day of March of each 
 year, the entry of assessments for shares of stock of banks and 
 banking associations, subject to corrections and additions as in 
 the administrative code provided ; 
 
 7. Open on the second Monday of January in each year the 
 assessment-rolls for public inspection, examination and correction; 
 
 8. Hear applications to reduce or cancel assessments and con- 
 firm, reduce or cancel assessments ; 
 
 9. Transmit to the council the statements prescribed in section 
 one hundred and twenty-six; 
 
 10. Prepare from the assessment-rolls a tax roll, and extend 
 taxes, at the tax rate certified by the council, against assessments 
 upon the tax roll for each year, other than assessments of shares 
 of stock of banks and banking associations; 
 
 11. Deliver the completed tax roll for each year to the receiver 
 of taxes and revenues on or before the fifteenth day of September 
 of each year. 
 
 § 118. The tax department shall have power : 
 
 1. To enter upon real property and into buildings and struc- 
 tures thereon at all i-easonable times, in order to make such ex- 
 amination as is necessary to ascertain th.' value for purposes of 
 taxation ; 
 
 2. To con)pel the attendance of witnesses upon examinations 
 in respect of the correction, reduction or cancellation of assess- 
 ments ; 
 
 3. To administer oaths by a commissioner or other person 
 designnted by the board for that purpose. 
 
 § 119. The entry of an assessment of real jiroperty up<->n the 
 assessment-roll shall contain 1. A description of the property 
 reasonably sufficient for its identification; 2. the name of the 
 owner, if known ; 3. a statement of its assessed value. To the 
 assessment of improved land assessed by parcel numbering there 
 shall be added a statement, which shall not be deemed to be a part 
 of the assessment, showing the value of the land, appraised as if 
 
58 
 
 unimproved. If an assessment of real property be entered upon 
 the assessment-roll by parcel numbering, an omission of the name 
 of the owner or an error in the statement of his name shall not 
 affect the validity of the assessment. If an assessment of real 
 property be entered upon the assessment-roll in the name of the 
 owner, only a substantial error in the the name shall render the 
 assessment invalid. An entry by parcel numbering, or an entry 
 of an identification number of real property thereby indicated or 
 described upon the tax maps, shall be deemed to incorporate into 
 the assessment-roll the entire corresponding indication of location 
 and description shown upon the tax maps by the reference. ISTo 
 assessment of real property shall be deemed to be erroneous or 
 illegal because of any divison of title or ownership of the property 
 assessed. 
 
 § 120. The entry of an assessment of personal property upon 
 the assessment-roll shall contain (1) the name of the o^vner; 
 (2) a statement of the amount of the assessment. ISTames of 
 owners shall be arranged alphabetically. Only a substantial error 
 in the name of the owner shall render an assessment invalid. 
 
 § 121. Except as herein or in the administrative code other- 
 wise provided, all matters respecting the form of the assessment- 
 roll and the entry of assessments thereon shall be in the discretion 
 of the tax department. 
 
 § 122. The assessment-roll shall be open to public inspection 
 between the second Monday of January and the thirty-first day 
 of March, both inclusive, in each year, and also during the 
 month of July in each year, at such reasonable hours of each day 
 except Sundays and public holidays, and under such reasonable 
 reg-ulations as the department shall determine. 
 
 § 123. Application to reduce or cancel any assessment may 
 be made in the manner and within the times prescribed in the ad- 
 ministrative code. 
 
 § 124. The department may reduce or cancel, or may increase, 
 any assessment at any time prior to the first day of July in the 
 year in which the assessment is made. No assessment shall be in- 
 creased nor shall any change be made in a name or description, 
 except after notice in writing to the party in interest given prior 
 to the first day of June in said year. 
 
 § 125. The department may, prior to the first day of July in 
 any year, add any assessment to the assessment-roll for the year, 
 provided notice thereof be given to the party in interest prior to 
 the first day of June in such year. Assessments of special fran- 
 
f)!) 
 
 ehises and shares of stock of banks and banking associations en- 
 tered in pursuance of law, ujjon the assessuient-roll, after the sec- 
 ond Monday of January, shall not be deemed added assessments. 
 
 § 12G. The department shall on or before the first day of July 
 in each year send to the council a statement certified by the board 
 of the aggregate amount of all assessed valuations, as corrected, 
 of property on the books of the assessment-roll for such year, ex- 
 cept the assessed valuations of shares of stock of banks and bank- 
 ing associations, also, with the same exception, the aggregate 
 amount of the assessed valuations of projK'rty on the books of the 
 assessment-roll kept in each borough, and of the amoimt of taxes 
 which will be levied upon stocks of banks and banking associa- 
 tions for said year. The council shall determine the rate of taxa- 
 tion for all puriK)ses in each county within the city for each year, 
 and certify the rates so determined to the tax department on or 
 before the fifteenth day of July of each year. In determining 
 i?uch rates the council shall fix each rate in cents and hundndths 
 of a cent upon each dollar of assessed valuation. 
 
 § 127. The department shall, on or before the fifteenth day of 
 September in each year, prepare a tax-roll which shall consist 
 of a clear copy of the assessment-roll as corrected, divided as the 
 assessment-roll is divided. It shall compute the tax upon each as- 
 sessment upon the tax-roll, except assessments of shares of stock of 
 banks and banking associations, at the rate certified by the coun- 
 cil, and enter the proper tax upon the tax-roll opposite each assess- 
 ment. In entering taxes fractions of a cent shall be rejected. 
 Each book of the tax-roll shall be authenticated by a statement of 
 the year for which it is made and by the written signature of at 
 ](ast one of the commissioners, and be forthwith delivered to 
 the receiver of taxes and revenues. And such authentication and 
 d( livery of the tax-roll shall be the warrant for the collection of 
 the taxes, so authenticated. The department shall simultaneously 
 with such delivery notify the comptroller of the amount of taxes 
 in order that he may cause the proper sum to be charged to the 
 receiver for collection. 
 
 § 128. The taxable status of all persons and property assess- 
 able for taxation in the city shall be fixed for each year on the 
 first day of January of such year. 
 
 § 129. All taxes shall be due and payable in the month of 
 October of the year in which s^aid taxes arc levied. Each tax 
 upon real proi>erty sluill, on the first day of October in snch year, 
 bo a lien upon the ival projx'i'ty assessed, and shall continue a 
 
60 
 
 lien thereon initil paid, and shall be preferred in payment to all 
 other liens. If not paid in the month of October, interest shall 
 be payable upon the tax from the first day of October until the 
 date of payment at the rate of seven per centum per annum. 
 
 § 130. The department may apportion an assessment, as be- 
 tween separate and divided ownerships in the property to which 
 the assessment relates. Such apportionment shall be in the man- 
 ner prescribed in the administrative code, and shall be evidenced' 
 as therein provided. 
 
 § 131. This act and the administrative code shall be deemed 
 public notice of the imposition of all assessments for purposes of 
 taxation, except assessments added to the assessment-roll in any 
 year after the second Monday of January of such year, and of 
 the times for making all applications for reduction or cancella- 
 tion of assessments, and of the imposition of all taxes and interest 
 charges, and of the times for payment of taxes and interest in 
 each year ; and no other notice need be given either to the public 
 or to any party interested in a tax or an assessment for taxation. 
 
 TITLE 5. 
 
 The Law Department. 
 
 Section 132. The corporation counsel shall: 
 
 1. Be the attorney and counsel for the city, the board of esti- 
 mate and apportioimient, the council, and for every officer, de- 
 partment, bureau, board and commission of the city; 
 
 2. Except as otherwise provided by law, appear, in behalf of 
 the city, in and have charge and control of all actions, special pro- 
 ceedings and other legal proceedings in which the city may be a 
 party, or in any manner interested; 
 
 3. Institute actions and proceedings, whenever directed by the 
 board of estimate and apportionment; but this subdivision shall 
 not be construed as limiting or intending to limit the right of the 
 corporation counsel to institute and maintain actions, as provided 
 in section one hundred and thirty-three; 
 
 4. Prepare all contracts, deeds, leases, bonds and other legal 
 papers for the city and the several departments and officers 
 thereof, and approve the same as to form before execution. "When- 
 ever the board of estimate and apportionment shall have pre- 
 scribed the standard in any class of supplies or materials, or made 
 any determination with respect to the terms, conditions and 
 
61 
 
 specifications of any contracts pursuant to the provisions of sec- 
 tion sixty-eight of this act, the corporation counsel shall accom- 
 pany his approval as to form of any such contract with a certifi- 
 cate that the same conforms to the requirements of tho Ixiard of 
 estimate and apportionment. 
 
 § 133. The corporation counsel shall have the right, and it 
 shall be his duty, to maintain, defend and establish the rights 
 of tho city, to sue for moneys or revenue belonging thereto, and 
 to enforce the ordinances of the council and the laws of the state 
 relative to the city. 
 
 § 134. The corporation counsel shall not, without the approval 
 of the board of estimate and apportionment, compromise or settle 
 any action or special proceeding brought by or against the city or 
 any ofticer or department thereof, or offer, suffer, confess or p<r- 
 mit judgment therein, if the relief demanded be other than a 
 money judgment, or if the amount of any such compromise, settle- 
 ment, offer or confession shall exceed the sum of one thousand 
 dollars. Nothing herein contained, however, shall operate to limit 
 or abridge the discretion of the corporation counsel in regard to 
 the proper conduct of the trial of any action or proceeding, or 
 to deprive him of the power or privileges ordinarily exercised in 
 the course of litigation by attorneys and counselors-at-law acting 
 for private clients. 
 
 § 135. The corporation counsel may appoint and at jilcasure 
 remove a first assistant corporation counsel who, during the ab- 
 sence or inability of the corporation counsel to act, shall possess 
 all his powers and perform all his duties. During a vacancy in 
 the office of corporation counsel, the first assistant shall act as cor- 
 poration counsel. The corporation counsel nuiy also appoint as 
 many assistant corporation counsel as may bo authorized In' the 
 board of estimate and apportionment. 
 
 § 13G. Neither the corporation counsel nor any of hi-; assist- 
 ants shall appear as attorney or counsel in any action or special 
 proceeding in any court, or before any tribunal except in tho dis- 
 charge of his official duties. The corporation counsel may appear 
 in any action or proceeding, criminal or civil, brought against 
 any officer or employee in the service of the city or of any county 
 therein, by reason of any act done or omitted in the ]>erformance 
 of duty, provided that, in the case of any employee, such appear- 
 ance sbpll be rrriufpted by the head of the department, office or 
 bureau in which ho is employed. 
 
 § 137. Tn addition to such other bureaus as may lx» established 
 
62 
 
 in the law department by authority of the board of estimate and 
 apportiomnent, there shall be a bureau of street openings, a bureau 
 for the recovery of penalties and a bureau for the collection of 
 arrears of personal taxes, each of which shall be in charge of an 
 assistant designated by the corporation counsel. 
 
 § 138. The corporation counsel shall have a branch office in 
 the borough of Brooklyn. 
 
 § 139. No officer shall have or employ any attorney or coun- 
 sel in any action or proceeding to which the city or such officer 
 is a party, unless the judgment or order which may be entered 
 therein may affect the tenure of office, property rights or per- 
 sonal liberty of such officer, in which case he may employ and 
 be represented by attorney or counsel at his own expense. 
 
 TITLE 6. 
 
 Police Department. 
 
 Section 140. No person shall be appointed police commissioner 
 unless he shall be a citizen of the Lnited States and shall have 
 been a resident of the city for at least two years immediately 
 preceding his appointment. The police commissioner shall be 
 appointed for a term of ten years and may be removed by the 
 mayor whenever in his judgment the public interests shall 
 require ; or the governor may remove the commissioner after 
 giviug him a copy of the charges against him and an oppor- 
 tunity of being heard in his defence. The reasons for such re- 
 moval shall be stated in writing, in duplicate; one copy of such 
 statement shall be filed in the office of the secretary of state and 
 the other in the office of the city clerk, and each shall be a public 
 record. 
 
 § 141. The commissioner shall appoint and may at pleasure 
 remove four deputy police commissioners, to be known respectively 
 as first, second, third, and fourth deputy police commissioners, 
 each of whom shall have the qualifications in respect to citizenship 
 and residence prescribed for the commissioner. The deputy com- 
 missioners shall have such powers and duties, other than the power 
 to make appointments and transfers, as the commissioner may 
 assign or delegate to them, provided that at least one of them 
 shall be assigned to duty in the borough of Brooklyn, and shall 
 have his office at the headquarters in said borough. In the ab- 
 sence or disability of the commissioner, the deputy commissioner 
 
63 
 
 highest in rank aud not absent or disabled, shall possess all the 
 I^owers and perform all the duties of the commissioner, except tho 
 power to make appointments. 
 
 § 142. The commissioner shall also appoint and may at pleas- 
 ure remove a trial deputy commissioner, who shall have the 
 qualifications in respect to citizenship and residence prescribed 
 for the commissioner and shall be an attorney and counselor-afc- 
 law, admitted to practice in the courts of this state at least ten 
 years prior to the date of his appointment. The trial deputy 
 commissioner shall perform no duties other than to examine, 
 hear, investigate and try charges made or preferred against mem- 
 bers of the police force aud render decisions thereon, as here- 
 inafter provided. 
 
 § 143. The commissioner shall have cognizance and control 
 of the government and administration of the police department 
 and of the direction, disposition and discipline of the police 
 force. Except as otherwise provided by law, he may make, 
 adopt, amend, alter and enforce rules, orders and regulations, 
 necessary for the discipline of said force, for the exercise of all 
 powers granted to him, and for the efficient performance of all 
 duties imposed upon him and upon the department and persons 
 therein. He shall prescribe the uniforms, shields, emblems, in- 
 signia and weapons to be worn, displayed and used, and shall 
 regulate the wearing, display and use thereof, by the members 
 of the police force. 
 
 § 144. The police force as constituted at the time this act takes 
 effect is continued, subject to the provisions hereof and of the 
 administrative code. There shall be a superintendent of police 
 who shall, under the direction of the commissioner, be the chief 
 executive officer of the force and be chargeable with and respon- 
 sible for the control and discipline thereof and the execution of 
 all rules and regulations of the department. The superintendent 
 shall be selected from the members of the force in the manner 
 prescribed in the administrative code ; and in the absence or dis- 
 ability of the superintendent, the commissioner shall designate a 
 member of the force to act temporarily as superintendent, as in 
 said code provided. 
 
 § 145. There shall be in the department, in addition to such 
 other bureaus as may be established therein by the board of esti- 
 mate and apportionment: 
 
 A detective bureau, the head of which shall be known as " chief 
 of detectives " ; 
 
64 
 
 A stolen property bureau, the head of which shall be known as 
 " property clerk ". 
 
 The main office of the detective bureau shall be at the head- 
 quarters of the department, and a branch office thereof shall be 
 maintained at the headquarters in the borough of Brooklyn. 
 
 § 146. Subject to the provisions of this act, the administrative 
 code and other laws, the commissioner shall have power : 
 
 1. To appoint and remove, and to retire and relieve from duty, 
 the members of the police force. ISTo person shall be appointed 
 to or continue to hold membership in the force who is not a 
 citizen of the United States, or who has ever been convicted of 
 felony or dismissed from the force, or who does not reside within 
 the city, or who shall not have resided within the state at least 
 one year next preceding his appointment; but irrespectively of 
 previous residence without the state, skilled officers of experience 
 may be appointed for detective duty. No person under twenty- 
 five or over thirty years of age shall hereafter be appointed a 
 member of the force other than a police matron; but a person 
 whose name shall have been placed on the civil service eligible 
 list may be appointed, while his name remains thereon, although 
 he may meanwhile have attained the age of thirty years. No 
 person shall receive a permanent appointment in the force with- 
 out having first served a probationary period of at least three 
 months therein: 
 
 2. To assign, and transfer or change the assignments of, mem- 
 bers of the force, to duty ; such assignments and changes thereof 
 or transfers, except in the case of police surgeons, to be made 
 on the recommendation of the superintendent: 
 
 3. To grant leaves of absence to members of the force; and 
 to promote members of said force; such promotions to be made 
 on the basis of seniority, meritorious police service and superior 
 capacity, as shown by competitive examination. Individual acts 
 of personal bravery may be treated as an element of meritorious 
 service in such examination, the rating therefor to be fixed by 
 the municipal civil service commission: 
 
 4. To appoint and at pleasure remove special patrolmen for 
 purposes authorized by law: 
 
 5. To establish mounted patrols; to procure, use and operate, 
 or cause to be operated, rowboats, steamboats, or boats propelled 
 by other power, for police service in the waters in and about the 
 city; and to erect, operate, supply and maintain telegraph and 
 
G5 
 
 telephone lines to and between such places in the city as may 
 be necessary for the purposes of the department : 
 
 6. To direct, control, restrict and regulate, in the interests of 
 public safety, health and convenience, the movement of pedes- 
 trian, animal and vehicular traffic of every kind in streets, parks 
 and public places, and to make regulations in regard thereto: 
 
 7. To establish, provide and furnish station houses; to fix the 
 boundaries of precincts; and to establish and maintain head- 
 quarters or central stations in any borough; and a headquarters 
 shall be maintained in the borough of Brooklyn : 
 
 8. To offer rewards to induce the giving of information leading 
 to the detection, arrest and conviction of persons guilty of homi- 
 cide, arson, or knowingly receiving stolen goods, and to pay 
 such rewards to the person or persons giving such information, 
 but no such reward shall be offered unless there be an unex- 
 pended appropriation therefor: 
 
 9. To exercise general powers of supervision and inspection 
 within the city over, and to receive periodical reports from, all 
 licensed or unlicensed pa%\Tibrokers, vendors, junkshop keepers, 
 junk boatmen, cartmen, dealers in second-hand merchandise, in- 
 telligence-office-keepers, immigrant boarding-house-kcepers, run- 
 ners and auctioneers, and over all places of public amusement 
 or for public exhibitions, and places or persons having excise or 
 other licenses to carry on any business : 
 
 10. To grant and issue permits for street parades and pro- 
 cessions; for the giving of masked balls or entertainments, and 
 for the carrying of pistols in the city : 
 
 11. To make any inquiry necessary to the performance of any 
 duties imposed upon him or the department, and for that purpose 
 to call and examine witnesses. All subpoenas shall be attested in 
 the name of the commissioner. The commissioner, each of his 
 deputies, including the trial deputy, the chief clerk, and the first 
 and second deputy clerks of the department, may administer oaths 
 or affirmations to any person in any matter pertaining to or con- 
 nected with the department or the performance of its duties, in- 
 cluding oaths of office which may be taken or required in the 
 administration of affairs thereof, ^rembers of the force shall 
 have power to administer oaths or affirmations in the cases pre- 
 scribed in the administrative code. 
 
 12 The commissioner shall have the powers and perform the 
 duties with regard to the appointment of police matrons, con- 
 
G6 
 
 ferred upon and required of mayors of cities or the boards of 
 commissioners of police thereof. 
 
 § 147. Notwithstanding any other provision of this act or 
 the administrative code, the comptroller shall pay over and ad- 
 vance from time to time to the commissioner any portions of 
 the appropriation made to the department for contingent ex- 
 penses, not exceeding ten thousand dollars at any one time, 
 for which requisition may he made by the commissioner, pro- 
 vided such requisition be approved by the mayor. The commis- 
 sioner shall transmit to the department of finance the original 
 vouchers for the payment of all sums of money disbursed by him 
 on account of such contingent expenses ; and no gTeater sum than 
 ten thousand dollars in excess of the amount duly accounted for 
 by said vouchers shall be advanced to the commissioner at any 
 one time. 
 
 § 148. The department, the commissioner and the deputy com- 
 missioners, the superintendent, and all members of the police 
 force, shall, within the boundaries of the city, enforce all 
 criminal laws and shall vigilantly, at all times of day 
 and night, preserve the public peace; prevent crime; detect and- 
 arrest offenders ; suppress riots, mobs and insurrections ; disperse 
 unlawful or dangerous assemblages and assemblages which ob- 
 struct the free passage of streets, parks and public places ; protect 
 the rights of persons and property; guard the public health; pre- 
 serve order at elections and all public meetings and assemblages; 
 remove all nuisances in streets, parks or public places, and arrest 
 all street mendicants and beggars ; provide proper police attend- 
 ance at fires; assist, advise and protect immigrants, strangers and 
 travelers in streets, at steamboat and ship landings and at rail- 
 road stations ; observe and inspect all places of public amusement, 
 all places of business having excise or other licenses ; suppress 
 all disorderly and unlawful houses and places; repress and re- 
 strain all disorderly and unla\vful conduct and practices; and, 
 generally, enforce. and prevent the violation of all laws and ordi- 
 nances in force in the city. 
 
 § 149. Any member of the force may arrest without warrant 
 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 any offense or act prohibited by this charter, the 
 administrative code, any law, or ordinance, or who shall, in the 
 presence or within the view of such member, resist, obstruct or 
 interfere with the lawful enforcement of any law or ordinance or 
 
67 
 
 of any official order or regulation made pursuant thereto. Mem- 
 bers of the force shall possess in the city and thruughout the 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 within the state may be executed in 
 any part thereof by any member of such force. Xo person other 
 than a member of the force, or a peace officer, or a United States 
 marshal or deputy, shall serve any criminal process within the 
 
 city. 
 
 § 150. The department shall co-operate with the health, fire 
 and other departments, as prescribed in this act, in the adminis- 
 trative code or by ordinance. The commissioner shall detail 
 members of the force to the service of other departments and to 
 attendance upon courts or in public offices, as prescribed in the 
 administrative code. Unless authorized or required by law, no 
 transfer, detail or assignment to special duty of any member of 
 the force shall hereafter be made or continued, except for police 
 reasons or in the interests of police service. 
 
 § 151. No member of the force or person holding office in the 
 department shall be liable to military or jury duty, nor shall 
 any member of the force, while actually on duty, be liable to 
 arrest on civil process or to service of subpnena from civil courts. 
 § 152. Is'o member of the force, under penalty of forfeit- 
 ing the salary or pay which may be due him, shall withdraw 
 or'' resign, except by permission of the commissioner. Absence, 
 without Iravo, of any member for five consecutive days shall be 
 deemed and held to be a resignation, and the member so absent 
 shall, at the expiration of said period, cease to be a member of 
 the force and l)e dismissed therefrom without notice. The salary 
 or compensation of members of the force shall be subject to all 
 fines, penalties, forfeitures and deductions lawfully imposed for 
 
 cause. 
 
 § 153. 1. Any member of the force who shall be found guilty 
 by the trial deputy commissioner of any failure of duty due either 
 to neglect or inefficiency, violation of rules, neglect or disobedience 
 of orders, absence without leave for less than ten consecutive days, 
 immoral conduct, any conduct injurious to the public peace or 
 welfare or unbecoming an officer, or any breach of discipline, may 
 be punished by reprimand, or by forfeiting and withholding pay 
 for a specified time, or bv dismissal from the force; but not more 
 than thirty davs' pay or salary shall be forfeited or deducted 
 for anv offense, and the rules of practice for police trials herein- 
 
68 
 
 after referred to shall prescribe maximum and minimum penalties 
 for each offense specihed in such rules, which penalties may be 
 graded according to the seriousness of the offense and the previous 
 record of the offender in respect to similar and other offenses. 
 
 2. Except as otherwise provided in this act or the adminis- 
 trative code, no member shall be reprimanded, fined or dismissed 
 from the force until written charges shall have been made or 
 preferred against him, nor until such charges have been examined, 
 heard and investigated before the trial deputy commissioner, upon 
 such reasonable notice to the member charged and in such manner 
 of procedure as the rules of practice for trials shall prescribe. 
 
 3. The commissioner shall adopt rules governing the examina- 
 tion and investigation of charges against members of the force 
 and the practice and procedure to be followed on the trial of such 
 charges, which rules shall be known as the rules of practice for 
 trials and shall, before they take effect, be approved by the ap- 
 pellate division of the sujjreme court in the first judicial depart- 
 ment. Such rules may, with like approval, be amended by the 
 commissioner. 
 
 4. All trials shall be had in the first instance before the trial 
 deputy, who shall, subject to the provisions of this act, the ad- 
 ministrative code and the rules of practice for police trials, deter- 
 mine the penalty to be imposed upon a member. 1:^0 decision 
 of the trial deputy dismissing a member from the force shall be 
 final until approved and ordered to be enforced by the commis- 
 sioner. 
 
 5. The commissioner shall designate a place in every borough 
 for the trial of charges, which shall be tried within the borough 
 in which the accused member was serving at the time the charges 
 were preferred. 
 
 6. The commissioner and the superintendent shall have power 
 to suspend any member of the force without pay, pending the 
 trial of charges, but no suspension by the superintendent shall 
 continue more than ten days unless approved by the commis- 
 sioner. If any member so suspended shall not be convicted by 
 the trial deputy commissioner of the charges preferred, he shall 
 be entitled to full pay from the date of suspension, notwithstand- 
 ing such charges and suspension. 
 
 § 154. No writ of certiorari shall hereafter be issued out of 
 any coiirt, nor shall any proceeding of any character be hereafter 
 entertained by any court, except as herein provided, to review 
 any detcnnination of the trial deputy commissioner or of the 
 
69 
 
 commissioner, made after this act takes effect, of or with respect 
 to any charges against a member of the force or the trial of such 
 charges or the punishment of such member who has been 
 found guilty thereof. But where such punishment is dis- 
 missal from the force, the order of dismissal made by tho 
 police commissioner may be reviewed by the appellate division 
 of the supreme court in the first judicial department in the fol- 
 lowing manner and not otherwise : The person so dismissed may 
 appeal from such order of dismissal to said appellate division, 
 and upon such appeal said court may review said order on the 
 law and facts, and may either affirm said order, with or without 
 costs, or may reverse said order and reinstate the appellant as a 
 member of the force, and may include in its decision a direction 
 with respect to the pay of the appellant from the time of his 
 dismissal, and. may award the appellant the costs of the appeal, 
 including a reasonable allowance for counsel fee. Any costs and 
 counsel fee so awarded to the appellant shall be paid in the same 
 manner as judgments against the city are paid. The decision 
 of said appellate division shall be final. The procedure and prac- 
 tice with reference to such appeals shall be prescribed in the rules 
 of practice for police trials. 
 
 § 155. 'No person shall continue to be a member of the force 
 after attaining the age of sixty-five years, and any member 
 who shall attain such age shall thereupon be retired and relieved 
 from duty therein. Any member of said force who may hereafter 
 become insane or of unsound mind so as to be unable or unfit to 
 perform full service or duty may be removed from the force by 
 order of the commissioner. ^Members of the force may also retire 
 on their own application or be retired by order of the commis- 
 sioner, in the cases prescribed in the administrative code, and 
 not otherwise. 
 
70 
 
 TITLE 7. 
 
 Health Department. 
 
 Section 156. The health commissioner shall be the executive 
 o(3cer of the department. He shall have the care, management 
 and control of all institutions, jDrox^ertj, operations., and employees 
 of the department. 
 
 § 157. The powers and duties of the department shall extend 
 over the city, the waters within its jurisdiction and through- 
 out the port of New York; but nothing herein contained shall 
 be construed to limit or affect the powers and duties of the quar- 
 antine commissioners or the health officer of the port. 
 
 § 158. The department shall have power and it shall be its 
 duty, subject to the provisions of this act and of the adminis- 
 trative code: 
 
 1. To enforce the public health law within the city ; 
 
 2. To abate all nuisances detrimental to the public health or 
 dangerous to human life, by action at law or in equity in the 
 name of the city, or without action as a natural person may do; 
 
 3. To enforce and to aid in the enforcement of all laws of the 
 state relative to the preservation of human life, or to the care, 
 promotion or protection of life ; 
 
 4. To cause the vacation of any building which is unfit for 
 human habitation or dangerous to life or health ; 
 
 5. To enforce all laws relative to the use or sale of j)oisonous, 
 unwholesome, deleterious or adulterated drugs, medicines or food ; 
 
 6. To take all steps necessary to the sanitary supervision and 
 protection of the water supply of the city, and the sources thereof ; 
 
 7. To use all reasonable means for ascertaining the existence 
 and cause of disease or peril to life or health, and for averting 
 the same; 
 
 8. To send promptly all proper information in its possession 
 to the health authorities of the state and of any division thereof 
 who may request the same; 
 
 9. To gather such information and preserve such record of 
 facts relating to births, marriages, deaths, disease and health as 
 may be useful in the discharge of its duties, and as may tend to 
 public interest and the promotion of health or the security of life ; 
 
 10. To co-operate with the health officer of the port and the 
 quarantine commissioners to prevent the spread of disease, and 
 to protect life and promote health; 
 
71 
 
 11. To cause all or part of any cargo, or any matter or thing 
 within the city that may be putrid or otherwise dangerous to the 
 public health to be destroyed or removed; 
 
 12. To order and enforce the repairing of buildings, structures 
 and houses, other than tenement houses, where necessary for the 
 public health; regulate and control all public markets, and the 
 stands or stalls in and around the same, so far as relates to the 
 cleanliness, ventilation and drainage thereof, and to the preven- 
 tion of the sale or offering for sale of improper articles therein. 
 
 § 159. Subject to the provisions of this act and of the admin- 
 istrative code, the department may: 
 
 1. Grant to masters of vessels, bills of health certifying to the 
 condition of the city in respect of health ; 
 
 .2. Remove or cause to be removed to a proper place designated 
 by it any person sick with a contagious, pestilential or infectious 
 disease ; and designate, provide and pay for the use of places for 
 such purposes; 
 
 3. Erect, establish, maintain and furnish, in such places within 
 the city as are now used or may hereafter be designated by the 
 board of estimate and apportionment for such purposes, build- 
 ings and hospitals for the care and treatment of persons sick with 
 contagious diseases; 
 
 4. Take possession of and occupy for temporary hospitals any 
 buildings in the city during the prevalence of an e]udf'mic, if iu 
 the judgment of the board the same be required, and pay a just 
 compensation for ])roperty so taken ; 
 
 5. Cause proper care and attendance to be given to any sick 
 person, when it shall appear to the department that the puV>lic 
 health requires such person to receive special medical care and 
 attendance ; 
 
 0. Make reasonable regulations concerning the publicity of any 
 papers, files, reports, records and proceedings of the department ; 
 and, except upon order of the supreme court, it may withhold 
 information concerning any birth, death or marriage; 
 
 7. Provide for light, ventilation and sanitary inspection and 
 regulation of lodging-houses, and the premises connected there- 
 with; 
 
 8. Order the removal of any vessel from which the board shall 
 deem it probable that any infections or contagious disease may be 
 brought into the city or communicated to the inhabitants thereof; 
 
 0. Add to, revise, alter or amend the sanitary code of the city 
 in force at the time this act takes effect; 
 
72 
 
 10. Eequire reports and information of such facts, at such 
 times and in such form as it may prescribe, relative to the safety 
 of life and promotion of health, from all public dispensaries, hos- 
 pitals, asylums, infirmaries, prisons and schools, and from the 
 managers, principals and officers thereof ; and from all other pub- 
 lic institutions, their officers and managers, and from the pro- 
 prietors, managers, lessees and occupants of all theatres and other 
 l^laces of public resort or amusement, Avithin the jurisdiction of 
 the city ; 
 
 11. Forbid, and adopt means to prevent, communication with 
 or access to any person, family, house, street or part of the city 
 infected with any contagious, infectious or pestilential disease ; 
 but physicians, nurses or messengers may carry advice, medicines 
 and necessities to the afflicted. 
 
 § 160. There shall be in the department, in addition to such 
 other bureaus and offices as may be established therein by the 
 board of estimate and apportionment: 
 
 1. A bureau of general administration, the chief officer of which 
 shall be called the secretary ; 
 
 2. A bureau of sanitation, the chief officer of which shall be 
 called the sanitary superintendent, who, at the time of his appoint- 
 ment, shall have been for at least ten years a practicing physician, 
 and for three years a resident of the city ; 
 
 3. A bureau of records, the chief officer of which shall be called 
 the registrar of records; 
 
 4. A bureau of post mortem examinations, the chief officer of 
 which shall be the chief medical examiner, who shall be a duly 
 qualified practitioner of medicine and surgery, of at least ten 
 years' actual experience in the practice of his profession. 
 
 § 161. The sanitary code of the city in force when this act 
 takes effect and all provisions of law then existing fixing penal- 
 ties for violations of the code are continued in full force and 
 effect, subject to revision, alteration or amendment by the depart- 
 ment. ITo amendment to the sanitary code shall become valid and 
 effectual until a copy thereof duly certified by the secretary of • 
 the department shall be filed with the city clerk, and upon such 
 filing the amendment shall become part of the sanitary code. 
 
 § 162. Nothing contained in this chapter or in the sanitary 
 code shall be deemed to limit the storage of fertilizers or the keep- 
 ing and slaughtering of fowls, cattle and other domestic animals 
 upon premises used for farming in rural sections of the city, or 
 
73 
 
 to forbid tho ordinary use of country roads in driving such fowls, 
 cattle and other domestic animals. 
 
 § 163. The department shall have exclusive charge and control 
 of hospitals for tho treatment of contagious, pestilential or in- 
 fectious disease ; but, subject to the approval of tho board of esti- 
 mate and apportionment, may delegate to the department of char- 
 ities and the board of trustees of liellevue and allied hospitals the 
 duty of providing for the care and treatment of persons suffering 
 from such of said diseases as may, in its judgment, be cared for 
 and treated by such authorities without danger to the public 
 health. Ko person, incorporated hospital or municipal authority, 
 other than the health department, shall provide institutional 
 care and treatment for persons suffering from pestilential, in- 
 fectious or contagious diseases without obtaining a permit there- 
 for from the department, and such permit will be revocable at any 
 time by the commissioner; but nothing herein contained shall 
 affect the jurisdiction of the charities department or of the 
 trustees of Bellevue and allied hospitals over any of the hospitals 
 in their charge at the date this act takes effect, pending the 
 determination of the department whether it will or will not issue 
 such permit ; and nothing in this section shall impair the right of 
 any hospital to maintain a room or rooms for the observation, 
 diagnosis and temporary care of a person having, or who is sup- 
 posed to have, a pestilential, contagious or infectious disease; nor 
 shall anything in this section impair any rights now possessed by 
 any incorporated hospital. 
 
 § 164. In the presence of great and imminent peril to the 
 public health by reason of impending pestilence, it shall be the 
 duty of the board, having first taken and filed among its records 
 what it shall regard as sufficient proof to authorize its declaration 
 of such peril, and after appropriate resolution, to take such meas- 
 ures and to do and order, and cause to be done, such acts f<»r the 
 preservation of the public health, in addition to those other- 
 wise authorized by law, and make such expenditures, without 
 reference to any appropriation, as it may in good faith declare 
 the public safety and health to demand, and as the mayor shall in 
 writing approve. But the exercise of this extraordinary power 
 shall also, so far as it involves such excessive expenditures, re- 
 quire the written consent of at least two members of the board, 
 and the approval as aforesaid, of the mayor. And such peril 
 shall not be deemed to exist except when, and for such period of 
 time as, the board and mavor shall declare. 
 
74 
 
 § 165. Tlie department shall have the power to condemn, seize 
 and destroy all adulterated or unwholesome food, drink, provisions 
 or drugs ; all foul or infected merchandise or articles of whatever 
 description, and all animals aiSicted with disease communicable 
 to man. 
 
 § 166. 1. After the thirty-first day of December, nineteen 
 hundred and nine, the office of coroner in and of the city and 
 each borough included therein is abolished. 
 
 2. All powers vested in and all duties required of coroners by 
 any provision of the code of civil procedure, shall, upon and 
 after the first day of January, nineteen hundred and ten, devolve 
 upon aud be exercised and performed by the county clerks of the 
 counties within the city. 
 
 § 167. The department shall have exclusive charge and con- 
 trol of the medical examination of and autopsy upon the body 
 of any person who shall die of violence in the city, or under such 
 circumstances as to afford reasonable ground for belief that death 
 has been produced by criminal means, but no autopsy shall be 
 performed upon any such body, except as hereinafter provided. 
 
 § 168. The chief medical examiner shall have general charge 
 and control of all necessary medical examinations and autopsies as 
 provided in the last preceding section. Tie shall appoint, with the 
 approval of the president of the board of health, and at pleasure 
 remove, medical examiners in and for the several boroughs of the 
 city, as follows: Manhattan, four; The Bronx, two; Brooklyn, 
 two ; Queens, two ; Biehmond, one ; each of whom shall be a duly 
 qualified practitioner of medicine and surgery, of at least ten 
 years' actual experience in the practice of his profession, and an 
 elector of the borough in and for which he is appointed. 
 
 § 169. Upon information that there has been found within the 
 city the body of a person who is supposed to have come to his 
 death by violence or under such circumstances as to afford reason- 
 able grounds for belief that his death has been produced by 
 criminal means, the chief medical examiner or a medical examiner 
 in and for the borough where such body has been found or is 
 lying, shall forthwith go to the place where such body lies and take 
 charge of the same; and, if on view thereof and personal inquiry 
 into the cause and manner of death, he deems an examination 
 involving dissection necessary, he shall, upon being authorized 
 thereto in writing by the district attorney of the county in which 
 such body lies, or by a city magistrate or justice of the court of 
 special sessions of the division of the city wherein such body lies. 
 
75 
 
 make autopsy thereupon, at such place as may have been desig- 
 nated and provided for such purpose by the board of estimate and 
 apportionment, and shall then and there carefully cause a record 
 to be made of every fact and circumstance tending to show the 
 condition of the body and the cause and manner of death, which 
 record he shall subscribe. If upon such view, personal inquiry or 
 autopsy, the chief medical examiner or a medical examiner is of 
 opinion that the death was caused by violence or by criminal 
 means, he shall forthwith file a duly attested copy of such record 
 in the office of the district attorney of the county and a like copy 
 with a city magistrate holding court in the borough wherein such 
 body lies, and shall certify to the public administrator of the 
 county and the registrar of records the name and residence of the 
 person deceased, if known, or, when the name and residence can- 
 not be ascertained, a description of the person deceased, as fully 
 as may be, for identification, together with the date when, and 
 the cause and manner by and in which he came to his death. 
 
 § 170. A city magistrate shall authorize and direct the com- 
 missioner to cause an autopsy to be held upon the body of any 
 person who has died in the city whenever it shall appear by the 
 report of the chief medical examiner or a medical examiner of 
 the health department, or other satisfactory information, that the 
 death of such person was caused by violence, or occurred under 
 such circumstances as to afford reasonable grounds to suspect that 
 it was produced by criminal means. 
 
 § 171. Upon the presentation of a duly attested copy of the 
 record of a medical examination or autopsy, made by the chief 
 examiner or an examiner of the board of health, or other satis- 
 factory information indicating that the death of a person found 
 or lying within his jurisdiction was caused by violence or by 
 criminal mean?, a city magistrate shall hold an inquest upon the 
 body of such person, in the manner and form prescribed by title 
 one of part six of the code of criminal procedure, with the same 
 authority and subject to the same obligations and penalties as are 
 by law vested in and imposed upon coroners of counties. 
 
 § 172. The term " lodging-house " shall be construed to mean 
 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 a house or building 
 which is let for any person to sleep in for any term Ifss than a 
 week. 
 
76 
 
 TITLE 8. 
 
 Fire Department. 
 
 Section 173. Tlie department shall have authority to prevent 
 and extinguish fires in the city. Its jurisdiction shall as soon as 
 practicable be extended over all the territory included within the 
 city, subject to terms and conditions with respect to the purchase 
 and acquisition of property owned by or under the control of vol- 
 unteer fire departments or forces to be prescribed by the board of 
 estimate and apportionment. 
 
 § 174. The commissioner shall have the exclusive management 
 and direction of the department and the care and custody of all 
 the property thereof, and may: 
 
 1. Make assigiiments to duty in the fire force in the manner 
 prescribed in the administrative code; 
 
 2. Divide the fire force into appropriate ranks and grades to 
 be designated by appropriate titles, each with such authority or 
 duties with respect to the other ranks and grades as the com- 
 missioner may determine; 
 
 3. Direct and order any building or buildings which shall be 
 on fire, or any other building which he may deem hazardous and 
 likely to take fire or to convey fire to other buildings, to be pulled 
 down and destroyed; 
 
 4. Exercise such authority with respect to the storage and safe^ 
 keeping of explosives, the loss of life and precautions against 
 fire, the making and sale of fireworks, explosive compounds, 
 petroleum, coal oils and other substances, as may be conferred 
 upon him by the administrative code and the ordinances of the 
 council ; 
 
 5. Enter into and examine at any tiine any building, vessel or 
 place where any combustible material may be, for the purpose of 
 ascertaining any violation of law or ordinance ; and the members 
 of the fire department shall, under his direction, have similar 
 powers ; 
 
 6. Extinguish any fire on any vessel, or in or upon any dock, 
 wharf, pier or other structure within the port of New York, and 
 take necessary precautions to prevent the spread of any such 
 fire to the shipping in said port or to the docks, wharves, piers or 
 other structures bordering upon or adjacent thereto. While en- 
 gaged in extinguishing any such fire, the department may pro- 
 hibit any vessel or any person from approaching such fire or the 
 
vessel, dock, wharf, pier or other structures in danger therefrom, 
 and may cause all vessels to be removed and kept away from the 
 vicinity. 
 
 § 175. The commissioner shall appoint two deputy commis- 
 sioners, to be known respectively as first and second deputy com- 
 missioner. In the event of the commissioner's suspension or re- 
 moval from office, or death, the first deputy shall possess all the 
 powers and perform all the duties belonging to the office of com- 
 missioner until the office be filled by appointment by the mayor. 
 In the event of the commissioners absence from the city or ina- 
 bility to act, the deputy commissioner highest in rank and not 
 absent or unable to act shall possess all the powers and perform 
 all the duties of the commissioner except the powers of promotion, 
 appointment and transfer. The second deputy commissioner shall 
 be an attorney and counselor-at-law admitted to practice in the 
 courts of this state at least ten years prior to the date of appoint- 
 ment. He shall examine, hear, investigate and try charges made 
 or preferred against members of the fire force and render decisions 
 thereon as hereinafter provided. 
 
 § 17G. 1. The members of the department, other than the 
 commissioner and deputy commissioners, in office or employed 
 at the date when this act takes effect are hereby continued in the 
 service of the city as members of the department subject to the 
 authority conferred upon the commissioner by this act and the 
 administrative code. 
 
 2. The term " fire force," wherever used in this chapter, shall 
 include all persons under the control of the commissioner charged 
 with the duty of preventing and extinguishing fires or investigat- 
 ing their origin, and telegraph operators. 
 
 3. The uniformed force of the department as constituted on 
 the thirty-first day of December, nineteen hundred and nine, is 
 continued, subject to the power of the commissioner to make 
 changes therein and establish ranks or grades which shall not im- 
 pair the right of any member of the fire force to any pension or 
 relief fund of the department. 
 
 § 177. There shall be in the department, in addition to such 
 other bureaus as may be established therein by authority of the 
 board of estimate and apportionment: 
 
 1. A fire bureau, which shall be charged with the prevention 
 and extino^uishment of fires and the necessary and incidental pro- 
 tection of property: the head of the bureau shall be known as 
 "chief of fire department;" 
 
Y8 
 
 2. A bureau of combustibles, wbich shall be charged with the 
 execution of all laws relating to the storage, sale and use of com- 
 bustible materials; the head of the bureau shall be known as 
 " inspector of CDmbustibles ; " 
 
 3. A fire marshal's bureau, which shall be charged with the 
 investigation of the origin and cause of fires. The principal 
 officers of the bureau shall be known as " fire marshals." 
 
 § 178. "No person shall be appointed to or hold any position in 
 the department who is not a citizen of the United States and who 
 shall not have resided within the state for at least one year imme- 
 diately preceding his appointment, nor shall any person be ap- 
 pointed who has ever been convicted of felony; who is unable 
 intelligently to read and write the English language; or who is 
 not between twenty-one and thirty years of age, except that a 
 person whose name shall have been placed on the eligible list 
 may be appointed while his name remains thereon although he 
 may meanwhile have attained the age of thirty years. Members 
 of the fire force shall reside within the city and shall have been 
 residents thereof for at least one year prior to their appointment. 
 "No permanent appointment shall be made in the department unless 
 the appointee shall have served such probationary perio'd as may 
 be lawfully prescribed. Service during probation, if succeeded 
 by permanent appointment, shall be deemed service in the de- 
 termination of eligibility for advancement, promotion, retirement 
 or pension. 
 
 § 179. "No person holding a position in the department shall be 
 liable to military or jury duty, or to arrest on civil process, or be 
 served with subpcenas from civil courts while actually on duty. 
 
 § 180. 1. 'No member of the fire force, under penalty of for- 
 feiting the salary or pay which may be due to him, shall withdraw 
 or resign except by permission of the commissioner. Absence 
 without leave of any member for five consecutive days shall be 
 deemed and held to be a resignation and the member so absent 
 shall at the expiration of said period cease to be a member oi 
 the force. 
 
 2,. The salary or compensation of members of the force shall 
 be subject to all penalties, fines, forfeitures and deductions law- 
 fully imposed for cause. 
 
 § 181. 1. Any member of the fire force who shall be found 
 guilty by the second deputy commissioner of any failure of duty 
 due either to neglect or inefficiency, violation of rules, neglect or 
 disobedience of orders, absence without leave for less than ten 
 
79 
 
 consecutive days, immoral conduct, any conduct injurious to the 
 public peace or welfare or unbecoming an otEcer, or any breach 
 of discipline, may be punished by reprimand or by forfeitiug and 
 withholding pay for a specified time or by dismissal from the 
 force; but no more than thirty days' pay shall be forfeited or 
 deducted for any offense, and the rules of practice for fire force 
 trials hereinafter referred to shall prescribe maximum and mini- 
 mum penalties for each offense specified in such rules, which 
 penalties may be graded according to the seriousness of the otfeusc 
 and the previous record of the offender in respect to similar an«i 
 other offenses. 
 
 2. Except as otherwise provided in this act or the adminis- 
 trative code, no member shall be reprimanded, fined or dismissed 
 from the force until written charges shall have been made or 
 preferred against him nor until such charges shall have been 
 examined, heard and investigated before the second deputy com- 
 missioner upon such reasonable notice to the member charged and 
 in such manner of procedure as the rules of practice for fire force 
 trials shall prescribe. 
 
 3. The commissioner shall adopt rules governing the exam- 
 ination and investigation of charges against members of the force 
 and the ])ractice and procedure to be followe<l on the trial of 
 such charges before the second deputy commissioner, which rules 
 shall be known as the rules of practice for fire force trials and 
 shall before they take effect be approved by the appellate division 
 of the supreme court in the first judicial department. Said rules 
 may with like approval be amended by the commissioner. 
 
 4. When the second deputy commissioner shall find a member 
 guilty of charges preferred, he shall, subject to the provisions 
 of this act, the administrative code and the rules of practice for 
 fire force trials, determine the penalty to be imposed upon a 
 member, but no decision of the second deputy commissioner dis- 
 missing a member from the force shall be final until approved 
 and ordered to be enforced by the commissioner. 
 
 5. The commissioner shall designate a place in every borough 
 for the trial of charges, which shall be tried within the borough 
 in which the accused member was serving at the time the charges 
 were preferred. 
 
 6. The commissioner and chief of fire department shall have 
 power to suspend any member of the fire force without pay pend- 
 ing the trial of charges, but no suspension by the chief of de- 
 partment shall continue more than three days unless approved 
 
80 
 
 by the commissioner. If any member so suspended shall not be 
 convicted by the second deputy commissioner of the charges pre- 
 ferred, he shall be entitled to full pay from the date of suspen- 
 sion notwithstanding such charges and suspension. 
 
 § 182. JSTo writ of certiorari sball hereafter be issued out of any 
 court, nor shall any proceeding of any character be hereafter 
 entertained by any court except as herein provided, to review any 
 determination of the second deputy commissioner or of the 
 commissioner made after this act takes effect, of or with respect to 
 any charges against a member of the fire force or the trial .of such 
 charges or the punishment of such member who has been found 
 guilty thereof. But where such punishment is dismissal from the 
 force, the order of dismissal made by the fire commissioner may 
 be reviewed by the appellate division of tbe supreme court in the 
 first judicial department in the following manner and not other- 
 wise: The person so dismissed may appeal from such order of 
 dismissal to said appellate division and upon such appeal said 
 court may review said order on the law and facts, and may either 
 afiirm said order, with or without costs, or may reverse said order 
 and reinstate the appellant as a member of the force, and may in- 
 clude in its decision a direction with respect to the pay of the ap- 
 pellant from the time of his dismissal, and may in its discretion 
 award the appellant the costs of the appeal, including a reasonable 
 allowance for counsel fee. Any costs and counsel fees so awarded 
 to the appellant shall be paid in the same manner as judgments 
 against the city are paid. The decision of said appellate division 
 shall be final. The procedure and practice with reference to such 
 appeals shall be prescribed in the rules of practice for fire force 
 trials. 
 
 § 183. ISTo person shall continue to be a member of the fire 
 force after attaining the age of sixty-five years, and any member 
 who shall attain such age shall thereupon be retired and relieved 
 from duty therein. Members of the fire force may also retire on 
 their own application or be retired by order of the commissioner in 
 the cases prescribed in the administrative code and not otherwise. 
 
81 
 
 TITLE 9. 
 
 Department of Education. 
 
 Section 18-i. The board of educutiou of The City of JS'ew York 
 created by chapter three hundred and seventy-eight of the laws of 
 eighteen hundred and ninety-seven, and acts amendatory thereof, 
 is hereby abolished, its abolition to take etfect as soon as the de- 
 partment of education, as herein constituted, shall have been or- 
 ganized in conformity with this act. The terms of office and the 
 official functions of members of the board shall cease on February 
 first, nineteen hundred and ten; and all actions and proceedings 
 by or against said board then pending shall be continued by or 
 against the city, which shall be substituted therein for said board. 
 
 § 185. Except as in this act or in the administrative code other- 
 wise provided, all rights, powers, authority, trusts, duties and 
 obligations vested in or imposed upon the board of education of 
 The City of New York at the time this act takes effect, are hereby 
 vested in and imposed upon the board as in this act constituted; 
 but the said board shall not possess the powers or privileges of a 
 corporation. All the schools and the school system of the city 
 shall be under its control. Wherever used in this title, the word 
 "' schools " shall mean public schools, and the words " school sys- 
 tem " the public school system. 
 
 §■ 186. The schools shall, under such regulations as the board 
 may prescribe, not in conflict with the consolidated school law, be 
 free to all persons over four and under twenty-one years of age 
 residing in the city; but no child mider six years of age shall be 
 received in said schools except in kindergarten classes. 
 
 § 187. All property, real and personal, heretofore acquired by 
 the city and now used by it for school or educational purposes, 
 and all property, real and pei*sonal, hereafter acquired by it for 
 such purposes, shall, in the manner provided in this title, be 
 under the care and control of the department for the purposes of 
 public education and recreation and for other public and for social 
 uses. 
 
 § 188. The board ?hall consist of fiffetn members, to be known 
 as commissioners of education one of whom, to be designated by 
 the mayor, shall bo president ; they shall be appointed by the mayor 
 and may be removed at his pleasure. Thoy shall be appointed 
 from the several boroughs in such manner that there shall be five 
 for the borough of Manhattan; four for the borough of Brooklyn; 
 
82 
 
 two for the borough of The Bronx, Queens and Eichmond respec- 
 tively. During the month of January, nineteen hundred and ten, 
 the mayor shall appoint fifteen commissioners whose terms of 
 oiEce shall begin on the first day of February of that year. 
 The board shall be divided by the mayor into three classes, each 
 to consist of five commissioners. The term of office of the com- 
 missioners of the first class shall end at the expiration of two 
 years from February first, nineteen hundred and ten; of the 
 second class, at the expiration of four years from said date; and 
 of the third class, at the expiration of six years from said date. 
 In the month of January, nineteen hundred and twelve, and every 
 two years thereafter, the mayor shall appoint five commissioners 
 to serve for the term of six years, beginning on the first of Feb- 
 ruary following. 
 
 § 189. Every vacancy in the ofiice of commissioner shall be 
 filled- by appointment by the mayor for the unexpired term, sub- 
 ject to the provisions of this act as to residence of commissioners. 
 Removal of a commissioner from the borough from which he was 
 appointed shall vacate his office. Every commissioner shall 
 serve without pay. 
 
 § 190. The board shall have power to appoint (1) the follow- 
 ing administrative officers: A secretary of the department; a 
 chief clerk; an auditor; a director of school buildings, who shall 
 be an architect of experience and good standing; a supervisor of 
 supplies; a supervisor of janitors; and such employees as may be 
 necessary for the discharge of the administrative duties of the 
 department, and as shall be authorized by the board of estimate 
 and apportionment; and 
 
 (2) The following officers constituting the supervising staff: 
 The city superintendent of schools, associate superintendents of 
 schools, district superintendents of schools, directors of special 
 branches, assistant directors of special branches, examiners, a 
 supervisor of lectures, an assistant supervisor of lectures, and a 
 superintendent of libraries. No one shall be eligible to appoint- 
 ment to a position upon the supervising staff unless he shall 
 possess the qualifications for such position prescribed in the ad- 
 ministrative code. With the approval of the board of estimate 
 and apportionment the board may appoint employees to assist the 
 supervising staff or, by its by-laws, confer such power of appoint- 
 ment upon members of said staff. 
 
 § 191. Every member of the administrative and of the super- 
 be removed for cause by vote of at least two-thirds' 
 
83 
 
 of the commissionerF, and may be suspended by ibe board or its 
 president, pending the trial of charges. 
 
 § 102. The department shall have power subject to the pro- 
 visions of this act and the administrative code: 
 
 1. To establish and conduct elementary schools, kindergartens, 
 manual training schools, trade schools, truant schools, evening 
 schools, vacation schools, high schools, training schools or classes 
 for teachers, and such other kinds of schools as may be author- 
 ized by the administrative code; 
 
 2. To discontinue or consolidate schools; 
 
 3. To change the grades of schools and of classes in any school 
 in the system, and to adopt and modify courses of study for all 
 classes ; 
 
 4. To construct, repair, alter and maintain school buildings; 
 
 5. To maintain free lectures and courses of instruction for the 
 people ; 
 
 6. To provide special day or evening classes to instruct in the 
 English language persons who cannot use tliat language intel- 
 ligently, and "whose vocations prevent their attendance at the 
 other schools; 
 
 7. To establish and maintain playgrounds (in connection with 
 the schools) and school farms ; 
 
 8. Upon the written recommendation of the board of super- 
 intendents, to approve text books, apparatus, and other scholastic 
 supplies for use in the schools ; but no lx>C'k of which any member 
 of the board or any officer or employee is the author shall be u^ed 
 in the public schools except with the approval of the board of 
 education ; 
 
 9. To recommend to the board of estimate and apportionment 
 llie renting of property necessary for school accommodations; 
 
 10. To enact by-laws, rules, and rcirulations, not inconsistent 
 with law, for the proper execution of all powers and duties, and 
 transaction of all business of the department, the board, its mem- 
 bers and committees, and of the several local school boards; 
 regulating and defining the respective duties of all officers and 
 employees in the administrative, the supervising, and the teach- 
 ing staff; regulating the manner of making disbursements from 
 any funds apportioned to any borough for school purposes; and 
 providing for the promotion of the welfare and best interests of 
 the schools and the school system. Tntil such by-laws, rules, and 
 regulations shall have been enacted, the by-law^?, rules, and regu- 
 lations of the board in force on the first day of January, nineteen 
 
84 
 
 hundred and ten. shall, so far as applicable and not inconsistent 
 with the provisions of law, continue in force and effect as the by- 
 laws, rules, and regulations of the department. 
 
 § 193. The city superintendent and the associate city superin- 
 tendents shall constitute the board of superintendents. The city 
 superintendent and the examiners shall constitute a board of 
 examiners, which shall examine all applicants for licenses to be 
 issued by it and shall issue to such as pass the required tests of 
 character, scholarship, and general fitness, the licenses which they 
 are found entitled to receive. 
 
 § 194. The term " members of the teaching staff " shall in- 
 clude all principals, heads of departments, teachers, assistants, 
 inspectors; and all members of the teaching staff shall be ap- 
 pointed by the board from the eligible lists prescribed in the ad- 
 ministrative code. 
 
 § 195. Appointments to and promotions in the teaching staff, 
 except as otherwise provided by law, shall be made according to 
 merit and fitness to be ascertained so far as practicable by ex- 
 amination which, so far as practicable, shall be competitive, l^o 
 member of the teaching staff shall be selected, appointed, pro- 
 moted, or reinstated except in accordance with the i3rovisions of 
 this act. The tenure of all members of the teaching staff except 
 probationers shall continue during good behavior and competency. 
 Reassignment of members of the teaching staff from a higher to 
 a lower grade shall be made only for cause after a hearing as 
 provided by law. Members of the teaching staff may be removed 
 for cause after trial according to the provisions of the adminis- 
 trative code and the rules and regulations of the board. The name 
 of any member whose position is abolished shall forthwith be 
 placed upon the preferred eligible list. 
 
 § 196. The department shall, between the first day of August 
 and the thirtieth day of September in each year, make and trans- 
 mit to the state superintendent of public instruction a report in 
 writing of the state school 3'ear ending on the next preceding 
 thirty-first day of July, the report to be in such form and to state 
 such facts as the state superintendent and the consolidated school 
 law shall require. 
 
 § 197. There shall be a local school board in and for each 
 council district, to consist of five members, at least two of whom 
 shall be women. The board shall appoint the local school boards 
 in the manner, for the term, and with the functions, powers and 
 
duties, prescribed in the administrative code. Whenever and as 
 often as there shall be an alteration of council districts, the local 
 school board districts shall change to conform with council dis- 
 tricts. 
 
 § 198. 'No school shall be entitled to or receive any portion 
 of the school moneys in which the religious doctrines or tenets 
 of any particular Christian or other religious sect shall be taught, 
 inculcated or practiced, or in which any book or books containing 
 compositions favorable or prejudicial to the particular doctrines 
 or tenets of any particular Christian or other religious sect shall 
 be used, or which shall teach the doctrines or tenets of any other 
 religious sect, or which shall refuse to permit the investigations 
 and examinations provided for by law. But nothing herein con- 
 tained shall authorize the board to exclude the Holy Scriptures, 
 without note or comment, or any selection therefrom, from any 
 of the schools; but it shall not be competent for the board to 
 decide what version, if any, of the Scriptures, without note or 
 comment, shall be used in any school; provided that nothing 
 herein contained shall be so construed as to violate the rights 
 of conscience secured by the constitution of this State and of 
 the United States. 
 
 § 199. The College of The City of Xew York shall continue 
 to be a body corporate and as such shall have the powers and 
 privileges of a college, pursuant to the educational law and be 
 subject to the provisions of law relative to colleges and to the 
 visitation of regents of the university, in like manner as the other 
 colleges of the state. 
 
 § 200. All acts of the legislature in force on ^March thirtieth, 
 eighteen hundred and sixty-six, in regard to the free academy, 
 and to its control, management, sup|X)rt and aflfairs, not since 
 modified or repealed and not inconsistent with the provisions of 
 this act, and all laws in force at the time this act takes effect; 
 relative to the College of The City of Xew York, not inconsistent 
 with this act, are hereby declared to be applicable to said college. 
 
 § 201. The Xormal College of The City of Xew York is hereby 
 declared to be a separate and distinct organization and body cor- 
 porate, and as such shall have the powers and privileges of a 
 college, pursuant to the educational law and be subject to the 
 provisions of the statutes relative to colleges and to the visita- 
 tion of the regents of the university, in like manner as the other 
 colleges of the state. 
 
86 
 
 TITLE 10. 
 
 Department of Docks and Ferries. 
 
 Section 202. The commissioner shall have charge and control 
 
 1. Of all water-front property which now or may hereafter he 
 owned or possessed by the city ; and of regulating, developing and 
 improving the same ; 
 
 2. Of cleaning, repairing, building, rebuilding, maintaining, 
 altering, strengthening and protecting said water-front property 
 and of dredging and deepening in and about the same; 
 
 3. Of fixing the lines of bullvheads and pierheads in accordance 
 with the lines now or hereafter established by law ; 
 
 4. Of making surveys, soundings and other examinations of all 
 Avater-front property within the city; 
 
 5. Of fixing the distance between piers and of prescribing the 
 method and character of construction of all wharf property within 
 the city; 
 
 6. Of regulating all water-front property within the city not 
 owned or possessed by the city; 
 
 7. Of completing the plans for the water-front heretofore 
 adopted by the sinking fund commissioners and filed pursuant to 
 law ; and of altering and amending said plans ; 
 
 8. Of regulating, maintaining, opening, widening, constructing 
 or closing marginal wharves in accordance with plans adopted 
 or altered pursuant to law; 
 
 9. Of all ferries and ferry property belonging to the city ; 
 
 10. Of acquiring water-front and ferry property or any inter- 
 est therein for the city. 
 
 § 203. The commissioner shall, as provided in the admin- 
 istrative code, set apart suitable and sufficient water-front and 
 wharf property for: 
 
 1. Boats navigating the canals of the state; 
 
 2. Boats not connected with any established steamship or rail- 
 road line leasing wharf property from the city ; 
 
 3. Markets; 
 
 4. Floating baths and recreation piers ; 
 
 5. The departments of the city; 
 
 6. General wharfage purposes ; 
 
 7. And such other uses as the board of estimate and apportion- 
 ment may designate. 
 
87 
 
 § 204. The commissioner shall execute iu the name of the 
 city such leases of ferries and water-frbut property as may be 
 approve*! by the board of estimate and apportiuument as sinking 
 fund commissioners. Said leases, except ferry leasee, shall be 
 for terms not exceeding ten years and may contain covenants 
 for one or more renewals not exceeding ten years at readjusted 
 rents; but such term and renewals shall not iu the aggregate 
 exceed fifty years. Leases of ferries, including such water-lrunt 
 property as may be required for ferries, shall be for a tenn not 
 to exceed twenty-five years and one renewal not to exceed ten 
 years. 
 
 § 205. The commissioner shall maintain and operate such 
 ferries as the board of estimate and apportionment may authorize. 
 
 § 206. The functions arid powers conferred in this title upon 
 the dock commissioner with respect to the building, rebuilding 
 and extension of permanent bulkheads, wharves, docks, piers, 
 slips and basins o^vned by the city, the alteration and amendment 
 of the plans adopted by the sinking fund commissioners, the estab- 
 lishment of new ferries saxd acquisition of water-front property or 
 any interest therein, the prescription of character of service and 
 boats, speed, frequency of trips, and rates of fare, freight and 
 commutation, in ferry leases, and designation of wharf property 
 of the city for general wharfage purposes and for the i)ermanent 
 and exclusive use of the fire department, shall be exercised only 
 with the approval of the board of estimate and apportionment as 
 sinking fund commissioners. 
 
 § 207. Wherever used in this title: 
 
 1. " Bulkhead line " means the line beyond which it is unlaw- 
 ful to fill in with solid material in the •v\'atcr3 of the port of Xew 
 York, except in the construction of piers; 
 
 2^ " ^Marginal wharf " means the area extending inshore from 
 the bulkhead line shown on any plan for the improvement of the 
 water-front adopted pursuant to law, 
 
 (a) Designated as "marginal street, wharf or place;" or, 
 
 (b) Authorized by law to In? used for the dejMJsit or transfer 
 of goods and merchandise upon, over or under the same ; 
 
 3. " Permanent bulkhead, wharf," or other structure, means a 
 bulkhead, wharf, or a structure on a marginal wharf, intended 
 to continue for an indefinite time, as opposed to a temporary bulk- 
 head, wharf or other structure to remain only during the interval 
 between the authorization of a marginal wharf, or the widening 
 
88 
 
 thereof, and the commencement of the construction of such mar- 
 ginal wharf or the widening thereof. 
 
 TITLE II. 
 Park Department. 
 
 Section 208. The park board shall consist of three members to be 
 known as the park commissioner for the boroughs of Manhattan 
 and Richmond ; the park commissioner for the boroughs of Brook- 
 lyn and Queens, and the park commissioner for the borough of 
 The Bronx. Each commissioner shall when appointed be a resi- 
 dent of the borough, or one of the boroughs, for which he is 
 appointed. Subject to the provisions of this act, the adminis- 
 trative code and the general rules and regulations of the board, 
 each member thereof shall have independent administrative juris- 
 diction in the borough or boroughs for which he is appointed. 
 
 § 209. The board shall have general charge and control of 
 all public parks and parkways and of all streets connecting parks 
 and parkways which shall be placed under its jurisdiction by 
 resolution of the board of estimate and apportionment. 
 
 § 210. Subject to the provisions of this act and the adminis- 
 trative code, the board shall: 
 
 1. Establish and enforce rules and regulations for the govern- 
 ment and protection of all public parks and parkways and of all 
 streets and property of every kind in the charge or under the 
 control of the department, which rules and regulations shall be 
 uniform as far as practicable, in all the boroughs; 
 
 2. Appoint and prescribe the duties of a secretary and such 
 subordinate officers in the central office of the department, as may 
 be authorized by the board of estimate and apportionment ; 
 
 3. Appoint a competent landscape architect whose assent shall 
 be requisite to all plans or propositions respecting the conforma- 
 tion, alteration or ornamentation of the parks or parkways. 
 
 § 211. Ecal and personal property grantedj devised, bequeathed 
 or conveyed to the city for the purposes of the improvement or 
 ornamentation of parks or parkways, or for the establishment or 
 maintenance, within the limits of any park, of museums, zoo- 
 logical, botanical or other gardens, collections of natural history, 
 observatories, or works of art, shall be managed, directed and 
 controlled by the commissioner for the borough or borou2:hs in 
 
89 
 
 which the same is situated, upon such terms and conditions as 
 may have been prescribed by the grantors or donors thereof and 
 accepted by the city. 
 
 § 212. From and after the time when this act takes effect, all 
 control and jurisdiction of the park board, and of the park com- 
 missioner for the boroughs of ^lanhattan and Richmond, of the 
 plans, work or construction respecting the improvement of the 
 Harlem river, shall cease; provided that such board and com- 
 missioner shall continue to have control and jurisdiction of so 
 much of the water-front of the borough of Manhattan, on the 
 Harlem river, as is above the low-water mark and extends along 
 the easterly and northerly sides of the park known as the drive- 
 way, authorized by chapter one hundred and two of the laws of 
 eighteen hundred and ninety-three and acts amending the same. 
 
 § 213. Each commissioner shall: 
 
 1. Control all public parks and parkways which arc situated in 
 the borough or boroughs over which he has jurisdiction, and of 
 the streets immediately adjoining the same; but such jurisdiction 
 shall not extend to or include the buildings which are now or may 
 hereafter be erected in such parks, squares or public places for 
 governmental purposes other than those of the department ; 
 
 2. Maintain the beauty and utility of all parks and park- 
 ways under his jurisdiction, and institute and execute all 
 measures for the improvement thereof for ornamental purposes 
 and for the beneficial uses of the people ; 
 
 ;3. Authorize and regulate the projections on and determine 
 the line or curb and the surface construction of all streets lying 
 within any park under his jurisdiction, and of all other streets or 
 parts of streets that may be placed under hir^ jurisdiction pursuant 
 to section two hundred and nine; 
 
 4. Plant trees and construct, erect and establish seats, drink- 
 ing fountains, statues and works of art, when he may deem it 
 appropriate so to do, on any pari of the streets within such 
 environments ; 
 
 5. Determine when and where lamps or lighting appliances 
 shall be placed and lighted in the parks, parkways and streets 
 within his jurisdiction; 
 
 0. Permit, subject to the approval of the landscape architect, 
 on the application in writing of the fire commissioner, a building 
 for fire apparatus to be placed in any of the parks under bis juris- 
 diction, provided the building be so located and constructed as, in 
 
on 
 
 his judgment, not to disfigure or encumber the said park, or 
 interfere with the purposes of public use and recreation; 
 
 7. Maintain and appoint such superintendents, engineers, 
 clerks, mechanics, laborers and other employees as may be author- 
 ized by the board of estimate and apportionment; 
 
 8. Control and dispose such members of the police force as 
 may be assigned for duty in the parks, parkways or streets under 
 his jurisdiction; 
 
 9. Perform all contracts hereafter entered into by the board 
 of estimate and apportionment for the use of the parks for pur- 
 poses of art or education. 
 
 The office of the commissioner for the boroughs of Manhattan 
 and Eichmond shall be maintained in the borough of Manhattan ; 
 that of the commissioner for the boroughs of Brooklyn and 
 Queens, in the borough of Brooklyn ; and that of the commissioner 
 for the borough of The Bronx, in that borough. 
 
 § 214. In accordance with the provisions of the administrative 
 code: 1. The commissioner for the boroughs of Manhattan and 
 Eichmond is hereby authorized and directed to continue the con- 
 tracts with the Metropolitan Museum of Art; the American Mu- 
 seum of ISTatural History; the jS'ew York Public Library, Astor, 
 Lenox and Tilden foundations, and with the 'New York Zoological 
 Society for the maintenance of the Aquarium in Battery park; 
 
 2. The commissioner for the boroughs of Brooklyn' and Queens 
 is hereby authorized and directed to continue the contract and 
 lease with the Brooklyn Institute of Arts and Sciences ; 
 
 3. The commissioner for the borough of The Bronx is hereby 
 authorized and directed to continue the contracts with the board 
 of managers of the iSTew York Botanical Garden and the board of 
 managers of the ISTew York Zoological Society. 
 
 TITLE 12. 
 Department of Water Supply. 
 
 Section 215. The commissioner shall have the care, manage- 
 ment and control: 
 
 1. Of all structures and property connected with the supply and 
 distribution of water for public use, including fire and drinking 
 hydrants and water meters, except structures and property owned 
 by private corporations; 
 
91 
 
 2. Of maintaining the quality of the water supply and of the 
 investigation for and consti-uction of all work necessary to deliver 
 the proper and required quantity of water with ample reseno for 
 contingencies" and future demands; 
 
 3. Of making such regulations concerning the use of water as 
 may be authorized by the administrative code or the ordinancee 
 of the council. He shall, subject to the approval of the board of 
 estimate and apportionment, tix a uniform scale of rents and 
 charges for water supplied by the city. 
 
 § 21G. The commissioner shall have power : 
 
 1. To examine into the sources of water supply of any private 
 company supplying the city or any portion thereof or its inhabi- 
 tants with water, to see that the same is wholesome and the supply 
 adequate, and to establish such rules and regulations in respect 
 thereto as are reasonable nnd necessary for the safety, conveni- 
 ence and welfare of the public and consumers of water ; 
 
 2. To exercise superintendence, regulation and control in re- 
 spect of the supply of water by any such private company, in- 
 cluding rates and charges to be made therefor, except that such 
 rates and charges shall not, without the consent of the company, 
 be reduced by the commissioner beyond what is just and reason- 
 able: in case of a controversy, the question of what is just and 
 reasonable shall be finally determined as a judicial question on 
 its merits by a court of competent jurisdiction; 
 
 3. To contract with any municipal corporation or board thereof, 
 for a supply of wholesome water for any of the boroughs or any 
 part thereof, from the water Avorks or water belonging to such 
 mimieipal corporation or under the charge and control of such 
 board, and to procure, purchase and lay, provide and make ready 
 for use mains, pipes and other means and appliances, and erect 
 hydrants necessary and sufiicient to distribute and supply the 
 water procured under any such contract ; 
 
 4. To agree with any owner of lands in any borough for an 
 irrevocable license to enter upon, lay, repair, keep in order and 
 maintain mains, pipes, conduits and hydrants in, through and 
 upon said lands ; 
 
 5. To use the ground or soil under any street, highway or road 
 within the state for the purpose of introducing water into the 
 city, on condition that he shall cause the surface of said street, 
 highway or road to be restored to its original state and repair all 
 damage thereto; 
 
92 
 
 6. To enter upon any real estate or water on or contiguous to 
 the line, course, site or track of any pond, lake, stream, reservoir, 
 dam, aqueduct, culverts, sluices, canals, bridges, tunnels, pumping 
 works, blow-offs, shafts and other appurtenances, for the purpose 
 of making surveys required by the provisions of this act or of the 
 administrative code; and all engineers, surveyors and other em- 
 ployees of the department of water supply shall have the same 
 right of entry for the same purposes when acting under instruc- 
 tions of the commissioner; 
 
 7. To prescribe a pen'alty, not exceeding the sum of five dol- 
 lars for each offense, for permitting water to be wasted and for 
 any violation of rules prescribed by him for the prevention of 
 the waste of water, such fines to be added to the water rents and 
 charges. ISTo contract or agreement for any of the purposes speci- 
 fied in subdivisions three and four shall be made unless the 
 proposed contract or license, in the exact terms in which it is to 
 be executed, shall first have been submitted to and approved by 
 the board of estimate and apportiomnent. 
 
 § 217. The commissioner may when duly authorized enter into 
 such contracts as are prescribed by subdivision fifteen of section 
 sixty-four of this act. 
 
 § 218. The commissioner shall: 
 
 1. Preserve all lakes, streams and other waters from which a 
 water supply is drawn, and the banks thereof, from injury or 
 nuisance, and take such measures as may be necessary to preserve 
 and increase the quantity of water and to keep it pure, whole- 
 some and free from contamination and pollution; 
 
 2. Preserve, repair and have control of the dams, gates, aque- 
 ducts and bridges, water towers, reservoirs, mains, pipes, pipe- 
 yards and property of every description belonging to the water 
 works ; 
 
 3. Construct such new works and purchases and lay down such 
 mains and pipes as may be authorized by the board of estimate 
 and apportionment. 
 
 § 219. The department shall be responsible for the supply of 
 water and the good order and security of all the water Avorks and 
 for the exactness and durability of the structures which may be 
 erected; for the daily work to be performed; for the sufiiciency 
 of the supply in the pipeyards to meet every casualty ; and for the 
 fidelity, care and attention of all persons employed by the depart- 
 ment in watching the works and in construction and repairs. 
 
 § 220. Any lake or reservoir constructed at the expense of 
 the city or of any of the municipal and public corporations and 
 
93 
 
 parts thereof herctolore united and consolidated to form The City 
 of New York, and all lakes and reservoirs hereafter constructed 
 at the expense of the city, shall he subject to such sanitary 
 regulations as the state board of health may prescribe. 
 
 § 221. Nothing contained in this act shall bo deemed or held 
 to limit or in any manner affect the powers and jurisdiction of 
 the state water supply commission or the provisions of chapter 
 seven hundred and twenty-three of tho laws of nineteen hundred 
 and five and the acts amendatory thereof. 
 
 § 222. The office of aqueduct commissioner created by chapter 
 four hundred and ninety of the laws of eighteen hundred and 
 eighty-three and the acts amendatory thereof, is hereby abolished, 
 and all the rights, powers, authority, jurisdiction, duties and ob- 
 ligations heretofore by law vested in or imposed upon the aque- 
 duct commissioners are hereby vested in and imposed upon the 
 commissioner, subject to the provisions of this act and of the 
 administrative code. All papf^rs, documents, records and prop 
 erty in the possession or under the control of the aqueduct com- 
 missioners shall forthwith be delivered to and remain in the cus- 
 tody and under the control of the commissioner. 
 
 § 223. All the powers and duties heretofore vested in the com- 
 missioner of water supply, gas and electricity with respect to the 
 supply of water are hereby continued in the water commissioner, 
 except as modified in this act or the administrative co<le. Noth- 
 ing contained in this act shall affect any of the provisions of 
 chapter seven hundred and twenty-four of the, laws of nineteen 
 hundred and five and the acts amendatory thereof, or deprive the 
 board of water supply of The City of New York of any of the 
 jurif^diction and powers conferred thereby. 
 
 TITLE 13. 
 Department of Street Control. 
 
 Section 224. The commissioner shall have charge and con- 
 trol of 
 
 1. Sweeping and cleaning the streets, removing or otherwise dis- 
 posing, as often as the public health and the use of the streets may 
 require, of ashes, street sweepings, garbage, dead animals, offal, 
 light refuse and rubbish; and of removing snow and ice from the 
 streets : 
 
94 
 
 2. Regulating, grading, curbing, flagging and guttering streets 
 and laying crosswalks; 
 
 3. Constructing, paving, repaying, resurfacing and repairing 
 all streets and relaying all pavements removed for any cause; 
 
 4. Laying or relaying surface railroad tracks in any street ; the 
 form of rail used, character of foundation and method of construc- 
 tion; and the restoration of the pavement or surface after such 
 work ; 
 
 5. Filling sunken lots, fencing vacant lots and digging down 
 lots; 
 
 6. Removing encumbrances ; 
 
 7. Issuing all permits to use or open streets ; 
 
 8. Constructing, maintaining, repairing and cleaning sewers 
 and drains; 
 
 9. Constructing, repairing, cleaning and maintaining public 
 buildings, except school houses, almshouses, penitentiaries, fire 
 and police station houses and other buildings the care and custody 
 of which are otherwise provided for in this act ; 
 
 10. The care and cleaning of all offices rented or occupied for 
 public purposes; 
 
 11. The location, establishment, care, erection and maintenance 
 of the public baths, public urinals and public comfort stations ; 
 
 12. Erecting, repairing and maintaining signs indicating the 
 names of streets ; 
 
 13. Adopting and issuing regulations controlling the use by 
 abutting owners and occupants of sidewalks and gutters for the 
 disposition of sweepings, refuse, garbage or light rubbish; 
 
 14. Preparing a map of all existing underground pipes, mains, 
 sewers and other sub-surface structures; 
 
 15. Making, performing, and executing contracts to furnish 
 gas, electricity or any other illuminant, or steam, in, upon, across, 
 over or under streets, parks, the water front and public buildings, 
 either for public lighting or public use of heat or power, selecting, 
 locating, removing and changing street and water front lights and 
 lights in public buildings; 
 
 16. Inspecting and regulating the construction of gas mains 
 and pipes, steam mains, conduits and devices, pneumatic mains, 
 conduits and devices, electric conductors, conduits, appliances, 
 devices and subways in, upon, across, over or under the streets, 
 parks, water front and public buildings; and granting permis- 
 sion to use the streets and to open the same for the carrying on 
 
95 
 
 therein of the business of transmitting, couducting, using and 
 supplying for all purposes gas, electricity or steam or for the 
 service of pneumatic tubes; 
 
 17. Inspecting and regulating the instalment of all conductors 
 and appliances that may l)e introduced into or placed in, ujwn, 
 across, over or under any building, vacant lot or property ; author- 
 izing and regulating the use thereof; issuing certificates of such 
 inspection to any person entitled to apply therefor and authorizing 
 the use of such conductors, currents, appliances and devices by any 
 such person or corporation ; 
 
 18. Preparing and proposing to the council ordinances in re- 
 gard to electric conductors, appliances, devices and currents for 
 furnishing light, heat or power in any building, which pruix)sed 
 ordinances shall prescribe the method of construction, operation, 
 location, arrangement, insulation, installation and use of con- 
 ductors, appliances, devices and currents ; but all such proposed 
 ordinances before presentation to the council shall be submitted 
 to the board of estimate and apportionment for approval in order 
 that the same may, so far as practicable, be made uniform 
 throughout the city: all ordinances, rules and regulations con- 
 cerning the use and instalment of electrical conductors, subways, 
 devices or appliances in force when this act takes effect to con- 
 tinue in force until new ordinances shall have been adopted by 
 the council; 
 
 19. Inspecting, passing upon, and determining the necessity 
 for and adequacy of all conductors, jwles, subways, mains, con- 
 duits and electric devices in, upon, across, over or under ground, 
 and, subject to approval by the board of estimate and apportion- 
 ment, determining ^^^hen electric conductors, devices or apparatus 
 upon or above the surface shall be placed under ground ; and, 
 subject to like approval, determining when subways, conduits, 
 appliances, conductors or devices that have been laid or con- 
 structed under the surface of any street, park or any ])art of the 
 water front or any public building shall be removed or recon- 
 structed or their location be changed; enlarging any such subway 
 and making room therein for other persons or corporations law- 
 fully entitled to space in existing subways; 
 
 20. Removing or causing to be removed all property obstruct- 
 ing the streets ; 
 
 21. Constructing and maintaining of all bridges and tunnels 
 which form a portion of the streets of the city, excepting bridges 
 crossing navigable streams. 
 
96 
 
 § 225. Except as herein expressly provided the commissioner 
 shall have no jurisdiction over any street under the control of 
 the park department, or over any water front property under the 
 control of the department of docks and ferries, provided, however, 
 that he may be charged by the board of estimate and apportionment 
 with the duty of cleaning the same and removing snow, ashes, 
 garbage and refuse therefrom. 
 
 § 226. The commissioner shall not grant permission or au- 
 thority to open or use the streets, water front or any part thereof, 
 or to enter any public building for any of the purposes described 
 in subdivisions 15, 16, 17, 18 and 19 of section two hundred and 
 twenty-four, except to persons or corporations duly autjiorized to 
 carry on business, as provided in sections 60 and 61 of the Trans- 
 portation Corporations Act, and having the certificate of a Public 
 Service Commission provided for in section 68 of the Public 
 Service Commissions Law. 
 
 § 227. The department of street cleaning of the city of New 
 York is abolished, and all the members of said department, are 
 hereby transferred to the department of street control. 
 
 § 228. There shall be in the department, in addition to such 
 other bureaus and branch offices as may be provided for by the 
 board of estimate and apportionment: 
 
 1. A bureau of street cleaning, the head of which shall be known 
 as " chief of the street cleaning bureau " ; 
 
 2. A bureau of highways, the head of which shall be knoAvn as 
 " chief of the highway bureau " ; 
 
 3. A bureau of sewers, the head of which shall be known as 
 " chief of the sewer bureau " ; 
 
 4. A bureau of gas and electricity, the head of which shall be 
 known as " chief of the bureau of gas and electricity " ; 
 
 6. A bureau of public buildings, the head of which shall be 
 known as " custodian of public buildings " ; 
 
 6. A bureau of incumbrances, the head of which shall be known 
 as " chief of the incumbrance bureau ". 
 
 § 229. 1^0 person holding any ofiice or position under the 
 bureau of street cleaning shall be liable to military or jury duty. 
 
 § 230. Subject to the approval of the board of estimate and 
 apportionment, the commissioner may enter into contracts (1) for 
 the removal of snow and ice from the streets; (2) for the dis- 
 position, for periods not exceeding five years, of all or any part 
 of the street sweep"-vgs, ashes, garbage, dead animals, offal, light 
 
97 
 
 refuse and rubbish to be removed from the city or from any 
 borough. 
 
 § 231. Ko department, board, officer or employee of the city or 
 other person shall disturb the pavement or surface of any street, 
 for any purpose, without first receiving written permission from 
 the commissioner. 
 
 § 232. The power to construct sewers and drains shall include 
 the power to construct, operate and maintain sewage disposal 
 works or plants and the necessary appurtenances. The cost of 
 conducting sewage disposal works or plant may in the discretion 
 of the board of estimate and apportionment be collected in whole 
 or in part by assessment upon the property benefited. 
 
 § 233. The commissioner, when authorized by the board of esti- 
 mate and apportionment, may employ a consulting engineer, who 
 shall be expert in all matters relating to sowers and highways, and 
 shall have had ten years' professional experience. All other 
 civil engineers appointed by the commissioner shall have had at 
 least three years' professional experience. 
 
 TITLE 14. 
 'Bridge Department. 
 
 Section 234. The coniniissioncr shall have control: 
 
 1. Of the management, maintenance, repair and alteration of 
 of all bridges, together with their approaches and entrances, which 
 shall be under the jurisdiction of the department of bridges of the 
 city at the time this act takes efl'ect ; 
 
 2. Of the construction, management, maintenance, repair and 
 alteration of all other bridges, with their approaches and entrances, 
 that may hereafter be constructed at the city's expense in whole or 
 part, or that may hereafter be acquired by the city, across navig- 
 able waters or having termini in two or more boroughs, excepting, 
 however any bridge wholly included in a public park or under the 
 control of the street commissioner as provide<l in section two 
 hundred and twenty-four of this act ; 
 
 3. Of the construction, management, maintenance, repair and 
 alteration of all tunnels hereafter constructed at the city^s expense 
 in whole or part, under navigable waters or having termini in 
 two or more boroughs, excepting, however, tunnels constructed 
 pursuant to the provisions of the rapid transit act; 
 
98 
 
 4. Of making such regulations concerning the use of any such 
 bridge or tunnel and the collection of such tolls and other charges 
 for the use thereof as are now authorized by law or may hereafter 
 be authorized by the board of estimate and apportionment ; 
 
 5. Of the operation of railroads upon any such bridges and their 
 approaches, so far as such operation affects the maintenance, re- 
 pair, alteration and safety of such bridges and approaches. Noth- 
 ing contained in this section shall limit or affect the jurisdiction 
 and powers of the public service commission in the first district. 
 
 § 235. All bridges and tunnels under the jurisdiction of the 
 department are declared to be public highways, subject to such 
 tolls and prudential regulations as the board of estimate and 
 apportionment may prescribe; provided, however, that on every 
 such bridge a passageway for foot passengers shall be open at all 
 times and shall be free of tolls. 
 
 TITLE 15. 
 Building Department. 
 
 Section 236. The commissioner shall be a competent architect 
 or builder of at least fen years' experience. He shall have control 
 throughout the city of the construction, alteration and removal 
 of all buildings and other structures completed or in the course 
 of completion, except docks, bridges, tunnels, subways, and the 
 buildings and structures appurtenant to docks, bridges, tunnels 
 and subways ; provided, however, that no permit shall be granted 
 and no plan approved by the department for the construction or 
 alteration of a tenement-house, or for the alteration or conver- 
 sion of any building for use as a tenement-house, until there shall 
 have been filed in the department the certificate of the tenenijent- 
 house commissioner, issued as provided in the tenement-house act. 
 
 § 237. There shall be a bureau of buildings in each of the 
 boroughs, the head of which shall be a superintendent of buildings, 
 under the control of the commissioner. 
 
 § 238. The commissioner shall have power: 
 
 1. To order the reconstruction or removal of any building or 
 structure, or part thereof, under his jurisdiction, which exists in 
 violation of the provisions of law or which, in his judgment, is 
 dangerous to life. If the order be not obeyed, or if there be 
 imminent danger that any such building or structure, or part 
 
99 
 
 thereof, may fall, whereby the public safety may be endangered 
 or a street become obstrucU'd, the commissioner shall cause such 
 building or structure, or part thereof, to be shored or otherwise 
 made safe, or to bo removed, as he may deem expedient; and all 
 expenses reasonably incurred by the city in shoring, or making 
 safe, or removing any unlawfully existing or unsafe building, 
 structure, or part thereof, shall be recoverable by action by the 
 city against the owner of the land uiK)n which such building or 
 structure, or part thereof, is or was located, and shall be a lien 
 upon such land having priority over all other liens or incumbrances 
 except taxes and assessments, and liens and incumbrances exist- 
 ing when this act takes effect; 
 
 2. To apjwint and at pleasure remove a superintendent of build- 
 ings in each borough, who shall be a comix'tenit architect or builder 
 of at least ten years' experience, and have been a resident of the 
 borough for which he is appointed for at least two yt-ars prior to 
 the date of his appointment; 
 
 3. To ap]>oint and at })leasure remove a chie-f ins|>octor of build- 
 ings for each borough, who shall be a practical and competent 
 architect, builder or engineer of at least ten years' expe-rienc^. 
 In case of absence or disability of the superintendent such chief 
 inspector of buildings shall posse'ss all the powers and perfonn 
 all the duties of the superintendent. 
 
 § 239. The commissioner, his deputy, the superintendents and 
 the inspectors of the dci)artment, shall have power to enter, ex- 
 amine and inspect, at any reasonable hour, any building or struc- 
 ture under the jurisdiction of the department, completed or in 
 the course of completion, and of any part thereof, or place therein, 
 for the purpose of enabling them to perform the duties imposed 
 by law upon the department; provideel, that no inspector shall 
 enter any occupicn^l building or strncturo lx>tween sunset and sun- 
 rise, except in pursuance of a written order, signed by the com- 
 missioner or his deputy, or a borough sujiorintendent, authorizing 
 such entry and examination, and specifying the reason therefor, 
 which order shall first be exhibited to and a copy thereof served 
 upon the occupant of the building or structure to be entered and 
 examined. 
 
 § 240. The commissioner shall have power to vary or modify 
 any of the provisions of law or ordinances relating to the con- 
 struction or alteration of the proposed method of construction of 
 any building alx>ut to be erected, or to the alteration or removal 
 of anv buildinc; or structun^ within his iurisdiction where there 
 
100 
 
 are practical difficulties in the way of carrying out the strict let- 
 ter of the law, so that the spirit of the law shall be observed and 
 public safety secured and substantial justice done. The owner, or 
 the agent of the owner, of any building or structure, may petition 
 the commissioner for such variation or modification, setting forth 
 the grounds therefor. The commissioner shall fix a date within 
 a reasonable time for a hearing upon the petition and shall, as 
 soon a» practicable after such hearing, render his decision thereon, 
 which shall be final. A copy of the petition and decision shall 
 be entered upon the records of the department, and if the peti- 
 tion be allowed, a certificate to that effect, together with a state- 
 ment of the reasons therefor, shall be issued by the commissioner. 
 § 241. The superintendent of buildings in each borough shall 
 have power, and it shall be his duty, to pass upon any question 
 relative to the mode, manner of construction or materials to be 
 used in the erection or alteration of any building or structure to 
 be erected within the city, and to require that such mode, man- 
 ner of construction or materials shall conform to the true intent 
 and meaning of the law and ordinances and the rules and regu- 
 lations of the department. Whenever the superintendent of 
 buildings shall have rejected or refused to approve the mode, man- 
 ner of construction or materials proposed to be followed or used 
 in the erection or alteration of any such building or structure, or 
 whenever it is claimed that the rules and regulations of the de- 
 partment, or the law or ordinances, do not apply, or that an 
 equally good and more desirable method of construction can be em- 
 ployed, the owner of such building or structure may appeal or 
 cause an appeal to be taken from the decision of such superintend- 
 ent, provided the amount involved in such decision shall exceed 
 the amount of one thousand dollars. Such appeal shall be heard 
 by a board consisting of the followinig members of associations 
 in the city: one member of the jSTew York chapter of the Ameri- 
 can Institute of Architects ; one member of the New York Board 
 of Fire Underwinters ; two members of the Mechanics and Trad- 
 ers' Exchange, one of whom shall be a master mason and one a 
 master carpenter ; one member of the Society of Architectural Iron 
 ]\fanuf acturers ; and one member of the Real Estate Owners and 
 Builders' Association, who shall be an architect or builder ; all of 
 whom shall be appointed by their respective associations, and the 
 appointment of whom by their respective associations shall be 
 certified annually to the mayor, to the commissioner of buildings, 
 and to the fire commissioner. The mayor shall annually desig- 
 
101 
 
 nate one of such examiners as the presiding officer x)f thtj' Board. 
 At least tive afiinnative votes shall be nccessliVy' to any decision 
 of the board of examiners reversing a df cisitin of tbe saoerintend- 
 ent of buildings. ISo member of the bojtid shall'be qualihed to 
 sit in any case in the decision of which he is directly or indirectly 
 personally interested. The said board shall convene for purposes 
 of business upon notice from any superintendent, but shall not 
 be required to hold such sessions more frequently than once a 
 week. Each of said examiners shall be entitled to receive ten 
 dollars for each attendance, and the comptroller shall pay the same 
 out of a fund to be provided for that purpose by the board of 
 estimate and apportionment, on the voucher of the clerk of said 
 board of examiners. The clerk of said board shall be appointed 
 and may at pleasure be removed by the mayor, and shall receive 
 an annual salary of one thousand five hundred dollars. The ap- 
 peal authorized by this section must be taken within ten days 
 from the entry of a decision upon the records of the superintend- 
 ent of buildings in the borough in which the building or structure 
 is located or is proposed to be erected, by filing with such super- 
 intendent and with the clerk of the Iward of examiners copies of 
 all the papers required by law or ordinance or by the rules and 
 regiilations of the department to be submitted upon an ajiplica- 
 tion for a building permit ; and the board of examiners shall there- 
 after fix a day within a reasonable time for the hearing of such 
 appeal. Upon such hearing the appellant may appear in person 
 or be represented by his agent or attorney The decision of the 
 board shall be rendered without unnecessary delay, and shall be 
 final. 
 
 § 242. No ofiicer or employee of the department shall, directly 
 or indirectly, engage in, conduct or carry on business as an archi- 
 tect, civil engineer, carpenter, plumber, iron worker, mason or 
 builder, or be engaged in the manufacture or sale of articles enter- 
 ing into the construction of buildings, or act as nn ajjent for any 
 person engaged in the manufacture or sale of such articles, or own 
 stock in or securities of any corporation engaged in the manufac- 
 ture or sale of such articles. 
 
102 
 ••:• ' .. . .... ; ; TITLE i6. 
 
 * *. •.'.•!:.* *.'.'•• Tcenerriejtit-House Department. 
 
 Section 243. The commissioner shall: 
 
 1. Enforce the tenement-house act within the city; 
 
 '2. Have power of sanitary inspection of tenement houses and 
 the premises connected therewith; and may enter, inspect and 
 survey all buildings and the premises connected therewith; but 
 nothing herein contained shall abrogate or impair the powers of 
 the health department; 
 
 3. Have exclusive power: 
 
 (1) To require every tenement house to be equipped with 
 proper fire-escapes or with proper means of escape in case 
 of fire ; 
 
 (2) To prevent the obstruction of fire-escapes upon tene- 
 ment-houses ; 
 
 (3) To provide for the light and ventilation of tenement 
 houses and the premises connected therewith. 
 
 § 244. The commissioner shall, subject to the provisions of 
 this act and of the administrative code: 
 
 1. Discipline any employee for neglect of duty or violation of 
 or neglect of any order or rule of the department ; 
 
 2. Provide or designate suitable uniforms or badges to be worn 
 by the inspectors and officers of the department ; 
 
 3. Provide a general complaint book, open to public examina- 
 tion, and make an investigation as to all complaints ; 
 
 4. Require reports and information of such facts at such times 
 ■and in such form as he may prescribe relative to the condition 
 of persons residing in tenement-houses, from all dispensaries, hos- 
 pitals, charitable or benevolent societies, infirmaries, prisons and 
 schools, and from the managers, principals and officers thcTeof ; 
 and may make examinations and take proofs in matters relating 
 to the administration of departmental duties; 
 
 5. Make and enforce suitable rules and regulations as to the 
 manner of filing plans, specifications, amendments and applica- 
 tions. 
 
 § 245. In addition to such other bureaus as may be authorized 
 by the board of estimate and apportionment, there shall be in the 
 department : 
 
 1. A bureau of plans, which shall examine plans and specifica- 
 tions for light, ventilation, sanitary equipment, and equipment 
 
103 
 
 for fire protection for tenement-houses hereafter altered or erected 
 and for buildings hereafter altered or reconstructed for use as 
 tenement-houses ; 
 
 2. A bureau of inspection which shall inspect all completed 
 tenement-houses and shall inspect also all tenement-houses in 
 course of construction or alteration and all buildings in course of 
 alteration or conversion for use as tenement-houses, for the pur- 
 pose of ascertaining whether the same are being constructed, 
 altered or converted in conformity with law, and the plans and 
 specifications approved as prescribed in the administrative code; 
 and shall record all violations of the tenement-house act and of 
 all rules and regulations of the dei)artment ; 
 
 3. A bureau of records which shall contain records of every 
 tenement-house, as prescribed by the administrative code and by 
 the commissioner. 
 
 § 246. The commissioner shall establish and maintain in each 
 borough such branch offices and bureaus as may be necessary for 
 the prompt and efficient exercise and discharge of his powers and 
 duties and as may be provided for by the board of estimate and 
 apportionment. 
 
 § 247. ^Vhenever it shall be certified by an inspector or officer 
 of the department that the inhabitants of a tenement-house are 
 infected with a contagious disease or that a tenement-house or 
 any part thereof is unfit for human habitation or dangerous to 
 life or health from lack of repair, or by reason of defects in 
 drainage, plumbing, ventilation, or construction, or by reason of 
 the absence of such fire escapes as are required by the tenement- 
 house act or by the department acting under the authority con- 
 ferred by such act, or by reason of the existence on the premises 
 of a nuisance likely to cause sickness among the occupants of said 
 house, the department may issue an order requiring all persons 
 therein to vacate such house, or part thereof, within not less than 
 twenty-four hours nor more than ten days, for the reasons to be 
 mentioned in said order. Such order may be served in the man- 
 ner prescribed in the tenement-house act. In case such order be 
 not complied with within the time six'cified, the department may 
 cause said tenement-house, or part thereof, to be vacated. The 
 department may extend the time within which to comply with 
 said order and when it is satisfied that the danger from said 
 house, or part thereof, has ceased to exist or that it is fit for 
 human habitation may revoke said order. 
 
 § 248. Whenever any tenement-house, or any part thereof, or 
 
104 
 
 any premises connected therewith, or any building, structure, ex- 
 cavation, sewer, or the lot on which the house is situated, or the 
 plumbing, sewerage, drainage, light or ventilation thereof, or any 
 business pursuit carried on therein or thereupon, is in the 
 opinion of the department dangerous or detrimental to life or 
 health, the department may declare that the same, to any extent 
 which it may specify, is a public nuisance, and may order the 
 same to be removed, abated, suspended, altered, cleansed, dis- 
 infected or repaired as the order shall specify. Any order of the 
 department may be served in the manner provided in the tene- 
 ment-house act. If any order of the department is not complied 
 with, or so far complied with as the department may regard as 
 reasonable, within five days after the service thereof, or within 
 such shorter time as the department may designate, then such 
 order may be executed by said department through its officers, 
 agents, employees or contractors. 
 § 249. When used in this chapter : 
 
 1. " Tenement-house " means a tenement-house as defined in the 
 tenement-house act ; 
 
 2. " Nuisance " means public nuisance as known at common 
 law or in equity jurisprudence; and includes a tenement-house 
 which is, and whatever in a tenement-house is : 
 
 (1) Dangerous to human life or detrimental to health; 
 
 (2) Overcrowded with occupants, or is not provided with ade- 
 quate means of ingress and egress or is not sufficiently supported, 
 ventilated, sewered, drained, cleaned or lighted, having regard to 
 its intended or actual use; or 
 
 (3) Whatever renders the air of a tenement-house un- 
 wholesome. 
 
 TITLE 17. 
 
 Charities Department. 
 
 Section 250. The commissioner shall be the overseer of the poor 
 of the city. He shall have power and it shall be his duty, subject 
 to the provisions of this act and of the administrative code : 
 
 1. To enforce the poor law within the city; 
 
 2. To establish and maintain in each borough such divisions, 
 offices and bureaus as may be necessary for the prompt and efficient 
 exercise and discharge of the powers and duties of the depart- 
 
105 
 
 ment, and as may be provided for by tbe board of estimate and 
 apportionment ; 
 
 3. To make, amend, alter and enforce rules, orders and regula- 
 tions for the government of the city institutions under his juris- 
 diction; 
 
 4. To provide for the care, custody and disposition of poor per- 
 sons ; but he may not dispense any form of outdoor relief, except 
 in the case of the blind, as herein provided, and he may defray 
 the expense of the removal or transportation of any person who 
 may come under his charge whenever, in his judgment, the city 
 will thereby be relieved from an unnecessary or improper charge ; 
 
 5. To provide for the temporary care of vagrant and indigent 
 persons, for an investigation into their circumstances, and for 
 bringing every person, found upon such investigation to be a 
 vagrant, before a magistrate pursuant to law; 
 
 6. To investigate the circumstances of every person, and of the 
 near relative of every person, admitted to an institution under 
 his charge, or placed by him in an institution wholly or partly 
 under private control ; 
 
 7. To classify, segregate and group, so far as practicable, all 
 the inmates of the public institutions under his charge; 
 
 8. To provide for and compel the employment at labor of such 
 inmates as should be so employed; to determine the hours and 
 scope of such labor, the punishment for neglect or refusal to per- 
 form such labor or for violation of any other rule, order or regu- 
 lation of the department and to provide for the use and disposi- 
 tion of the articles produced by such labor ; 
 
 9. To establish and maintain in the public institutions under 
 his charge such schools or classes for the instruction and training 
 of inmates as he may deem desirable ; 
 
 10. To establish, maintain and direct such training schools for 
 nurses as mav be requisite for the proper administration of the 
 hospitals under his charge, and to provide therefor a suitable 
 course of instruction, a sufficient number of instructors, and ade- 
 quate equipment and buildings; 
 
 11. To place anv child, who may be in his custody, in an in- 
 stitution, as a public charge, whenever in his judgment it shall 
 be for the best interest of such child so to do; but he shall not 
 place a child in anv institution which the state board of chanties 
 shall have certified has failed to comply with the rules and regula- 
 tions established bv that board pursuant to the constitution of the 
 state- nor shall he place any child in any institution without the 
 
106 
 
 city unless said board shall have certified that such institution is 
 properly protected against fire and other dangers; 
 
 12. To indenture, place out, discharge or transfer any child 
 who may be in his custody, or who may have been placed by him 
 in an institution as a public charge, whenever in his judgment 
 it shall be for the best interests of such child so to do, and he may 
 revoke and cancel any such indenture; and he may also contract 
 for the maintenance of any child in his custody; 
 
 13. To make suitable provision in each of the boroughs of 
 Brooklyn, Queens and Richmond for the reception, medical ex- 
 amination, and temporary care in said boroughs, of persons al- 
 leged to be insane and of j^risoners awaiting trial who are seri- 
 ously ill or dangerously wounded; 
 
 14. To enlarge, alter and repair the public buildings under his 
 control whenever in his judgment such changes are necessary or 
 expedient, and to construct such new buildings as the proper 
 administration of his department may require; 
 
 15. To take charge of such of the city's morgues as are not 
 under the control of the health department and the board of trus- 
 tees of Bellevue and Allied Hospitals, and also of all Potter's 
 fields and, when necessary, to provide additional public burial 
 places for the poor and, in his discretion, to cremate the bodies of 
 deceased paupers when their relatives do not object to such cre- 
 mation: provided, however, that the Potter's field on Hart's 
 island shall remain under the control of the correction department ; 
 
 16. To distribute among the poor adult blind, residents of the 
 city, in such manner as he may prescribe, such sums as may be 
 appropriated for their relief, and he may exercise his discretion 
 in the selection of the recipients of this relief; 
 
 17. To exercise general control over, and to establish rules and 
 regulations governing, all ambulance service in the boroughs of 
 Brooklyn, Queens, and Richmond, except such ambulance service 
 as may be maintained by the department of health; to establish 
 ambulance districts therein; and to establish and maintain such 
 ambulance stations therein and to provide and maintain such 
 ambulances as he may deem necessary; 
 
 18. To receive, and provide temporary care and treatment, 
 within any public hospital under his control, for all persons, irre- 
 spective of their residence, when such persons shall have been 
 injured or become ill in any public place within the city, and 
 may not be safely removed to their homes; 
 
 19. To compel the relief and maintenance, in such manner as 
 
107 
 
 he may approve, in whole or in part, of a poor person by his 
 grandparents, parents, children, or grandchildren, and of a desti- 
 tute child by his grandparents or parents, when such relative 
 of said poor person or destitute child shall have sufficient means 
 to provide such relief or maintenance; 
 
 20. To initiate, conduct, and, in his discretion, to compromise 
 bastardy proceedings; receive the moneys collected therein, and 
 apply the same to the support of the child, or of the child and 
 its mother; account for said moneys, as rajuired by the comp- 
 troller; and apply to any court of competent jurisdiction fur a 
 
 . warrant for the arrest of the defendant, when, for any reason, a 
 recovery cannot be had ujxju the undertaking given by said de- 
 fendant in said proceeding; 
 
 21. To enforce, in his name as commissioner, by action or pro- 
 ceeding, any bond or recognizance, given in a proceeding for the 
 maintenance of an abandoned wife or child ; receive the moneys 
 collected in such action or proceeding and apply the same to the 
 support of the wife or child, or either of them ; bring and con- 
 duct an action, in his name as commissioner, to recover in case 
 of forfeiture of bail undertaking; apply the amount recovered 
 in said action and the amount of cash bail that may have been 
 forfeited, to the purpose hereinabove designated ; appeal, in his 
 discretion, from the decision or judgment of the magistrate in 
 such proceeding, and appear a-, respondent in a defendant's aj->- 
 peal therein; and, in his discretion, compromise such action or 
 proceeding. 
 
 § 251. The commissioner may recx?ive and treat in the insti- 
 tutions under his control persons who do not reside within the 
 city, provided that such persons shall pay such sum for board and 
 attendance as may bo fixed by the commissioner, and that such 
 person shall not be received to the exclusion of residents of the 
 city. The commissioner may also receive and treat in any insti- 
 tution under his control any persons able to pay, in whole or in 
 part, the cost of their care and maintenance therein, and it shall 
 be the duty of the commissioner to collect from each such person 
 such partial or entire payment therefor as he may be able to 
 make. 
 
 § 252. The commissioner shall have charge and control of all 
 hospitals, almshouses and other institutions, owned or possessed 
 by the city, and devoted to the care of poor persons; excepting, 
 however, such hospitals and other institutions as are by this act 
 placed under the charge and control of some other department 
 
108 
 
 and excepting the premises demised in the lease of Ward's island 
 and the buildings thereon from the city to the state of New York, 
 but only for the period of said lease. 
 
 § 253. It shall be the duty of the commissioner to inspect all 
 charitable, eleemosynary or reformatory institutions, in which 
 any person shall have been placed, committed, or received, or is 
 retained, as a charge against the city, and he shall make no certifi- 
 cate that will enable any such institution, claiming the moneys of 
 the city for the care, support, secular education, or maintenance 
 of any such person, to obtain payment therefor, and no payment 
 shall be made to such institution therefor, if it shall appear in 
 the judgment of the commissioner that such person is neglected 
 or is received and retained therein in violation of the rules and 
 regulations of the state board of charities, or that moneys paid 
 by the city to any such institution for the care, support, secular 
 education, or maintenance of its inmates shall have been expended 
 for any other purpose. Whenever the commissioner shall decide, 
 after reasonable notice to any institution, and a hearing, that the 
 cost and maintenance, education, or medical treatment, of any in- 
 mate therein is not a proper charge against the city, and a written 
 notice thereof, with the reasons therefor, is given by him to such 
 institution, thereupon all right on the part of said institution to 
 receive compensation from the city on account of such inmate 
 shall cease. 
 
 § 254. The term " poor person " when used in this chapter 
 means " one unable to maintain himself," as defined in the poor 
 law. The word " institution " whenever used in this chapter 
 shall include any charitable corporation, one of whose objects is 
 the care of children or the placing of children in families. 
 
 TITLE i8. 
 
 Department of Correction, 
 
 Section 255. 1. Except as otherwise provided in this act, the 
 commissioner shall have charge and control of all prisons and 
 correctional institutions belonging to the city, including the 
 county jails of Queens .and Eichmond ^and the institution hereto- 
 fore described as the county jail or sheriff's prison of the county 
 of New York, commonly known as Ludlow street jail. 
 
100 
 
 2. He shall have custody of all persons lawfully comjuitted 
 or remanded to any institution under his control. 
 
 3. He shall, upon such terras and conditions as shall be pre- 
 scribed in the administrative code, receive and detain, when law- 
 fully required by the sheriff of a county wholly included in the 
 city, any person under arrest or detention pursuant to the order 
 of any court or judge in a civil action or proceeding, subject to 
 the order of the sheriff ; provided, however, that all such persons 
 shall be held and maintained entirely separate and aloof from 
 prisoners charged with or convicted of crime. 
 
 § 256. From and after the date when this act takes effect, the 
 prison located upon Riker's island shall be known and described 
 as the New York city penitentiary, and, thereupon or as soon 
 thereafter as may be practicable, the commissioner shall transfer 
 to said penitentiary all employees of and all prisoners confined 
 in the institution known and descrilxjd as the Xew York county 
 penitentiary on Blackwell's island, which institution, as such, 
 shall be abolished from and after the first day of January, nine- 
 teen hundred and eleven. 
 
 § 257. The commissioner shall have exclusive jurisdiction and 
 control over Riker's and Hart's islands and, until as hereinafter 
 provided, over such portions of Blackwell's island as are under 
 the jurisdiction of the department when this act takes effect. He 
 may cause to be removed to Riker's island or to Hart's island, 
 the penal institutions under his jurisdiction on Blackwell's island, 
 or any of them and the jurisdiction and control over any build- 
 ings or premises upon Blackwell's island, becoming thereby va- 
 cant, shall thereupon immediately vest in the charities department. 
 
 TITLE 19. 
 
 Bellevue and Allied Hospitals. 
 
 Section 258. The " Board of Trustees of Bellevue and Allied 
 Hospitah" shall have charge and control of all public hospitals 
 now owned and hereafter et-tablished by the city upon Manhattan 
 island and in the borough of The Bronx, except such hospitals 
 as are or may be under the charge and control of the health de- 
 partment. 
 
 § 250. The board shall consist of eight members, to be ap- 
 pointed by the mayor as hereinafter provided, seven of whom 
 
110 
 
 shall be residents of the county of Kew York, and at least five 
 of the borough of Manhattan. The remaining member shall be 
 the charities commissioner who shall serve ex-officio. The term 
 of office of the members of the board, other than the charities com- 
 missioner, shall be seven years from the first day of February 
 following their apjDointment. In the month of January, and on 
 or before the twentieth day thereof, prior ta the expiration of 
 the term of office of any trustee, other than the charities com- 
 missioner, the mayor shall appoint his successor for the term 
 of seven years. The mayor shall appoint and remove trustees, 
 other than the charities commissioner, in the manner prescribed 
 in the administrative code. Every trustee shall serve without 
 pay. ISTo trustee shall be interested directly or indirectly, in the 
 furnishing or performing of work, labor, services, materials, or 
 supplies of any kind to or for said hospitals by contract, or 
 otherwise. 
 
 § 260. The board shall have power and it shall be its duty, 
 subject to the provisions of this act and of the administrative 
 code: 
 
 1. To appoint and remove such superintendents, including a 
 general superintendent, and such medical officers and other sub- 
 ordinates and employees as may be necessary for the efficient 
 management and control of said hospitals; in making such ap- 
 pointments, except in the case of superintendents and of employees 
 performing duties that are personal to a memJber of the board, the 
 board shall consider the nominations, if any, of the general 
 superintendent; 
 
 2. To make suitable provision for the reception, medical ex- 
 amination and temporary care of persons alleged to be insane ; 
 
 3. To receive, and provide temporary care and treatment, 
 (within any hospital under its control, for all persons irrespective 
 of their residence, when such persons shall become injured or ill 
 in any public place within the city and may not be safely re- 
 moved to their homes; 
 
 4. To exercise general control over, and to establish rules and 
 regulations governing, all ambulance service in the boroughs of 
 ^lanhattan and The Bronx, except such ambulance service as 
 may be maintained by the department of health; to establish 
 ambulance districts therein; and to establish and maintain such 
 ambulance stations therein and to provide and maintain such 
 ambulances as it deem necessary. 
 
 § 261. The board may receive and treat in the hospital'^ under 
 
Ill 
 
 its control persons who do not reside within the city, provided 
 that such persons shall pay such sum for board and attendauoe 
 as may be fixed by the board, and that such persons shall not be 
 received to the exclusion of residents of the city. The board may 
 also receive and treat in any hospital under its control any per- 
 son able to pay, in whole or in part, the cost of his care and 
 maintenance therein, and it shall be the duty of the board to 
 collect from each such person such partial or entire payment 
 therefor as he may be able to make. 
 
 § 262. Whenever any sick person in said hospitals shall, in 
 the opinion of the board, cease to be a proper case for treatment 
 in said hospitals, the board may cause such person to be trans- 
 ferred to the care and control of the charities commissioner who 
 shall forthwith receive and care for him. If any sick person 
 under treatment in any of said hospitals shall die while under 
 the care of the board, it may call upon the charities commis- 
 sioner forthwith to remove the body of such person, and he shall 
 forthwith remove the same for burial or other proper disposition; 
 and the cost and expense of the removal, burial, or other disposi- 
 tion shall be paid by the charities department. 
 
 § 263. Subject to approval by the board of estimate and ap- 
 portionment, the board may enter into a contract or contracts 
 with the Bellevue Trainings School for Nurses for the occupation 
 and use of any building or buildings as a training school for 
 nurses and may establish, maintain and direct such training 
 schools for nurses as may be requisite for the proper administra- 
 tion of the hospitals under its charge. 
 
 § 264. The medical board of each of said hospitals shall con- 
 tinue as constituted at the time when this act takes effect, ^[em- 
 bers of these medical boards and their successors shall serve with- 
 out pay and shall hold office as long as they shall perform their 
 duties in a manner satisfactory to the board of trustees. Va- 
 cancies occurring in the medical boards shall be filled by the 
 board of trustees by appointment of members of the medical 
 profession resident in the city. The board of trustees shall, on 
 nomination of the me/lical board in each of said hospitals, ap- 
 point medical and surgical house officers in the respective hospi- 
 tals, all of whom shall servo without pay. 
 
CHAPTER IX. 
 
 Assessments for Local Improvements and Awards for 
 Changes of Grade. 
 
 § 265. The word " assessment " wherever used in this chapter 
 shall be construed to mean an assessment for any local improve- 
 ment which may lawfully be confirmed otherwise than by a court 
 of record. 
 
 § 266. There shall be a board of assessment and award con- 
 sisting of three persons who shall appoint a secretary, clerks and 
 subordinates when provision for their salaries shall have been 
 made by the board of estimate and apportionment. 
 
 § 267. The board of assessment and award shall be charged 
 with the duty 
 
 1. Of making all assessments; 
 
 2. Of making all awards as compensation for loss and damage 
 caused by a change in the grade of a street theretofore established 
 by lawful authority in either of the following cases : 
 
 (a) When assessments are about to be made for the regu- 
 lating and grading of such street. The amount of such 
 awards shall be included in the assessment for the regulating 
 and grading of such street as a part of the expense thereof. 
 In such cases, the awards so made shall be limited to compen- 
 sation for loss or damages caused to buildings or other im- 
 provements. 
 
 (b) When the grade of any street has been changed by 
 reason of the building of any bridge, bridge approach, via- 
 duct or other structure, and where no assessment for the ex- 
 pense of such construction is to be laid. The award in such 
 cases shall cover damages caused by such change of gi*ade to 
 both land and buildings. The said board shall certify such 
 awards to the comptroller for payment. 
 
 3. Of making all awards as compensation for loss and damage 
 in cases arising under subdivision (a) to unimproved land, when- 
 ever such awards are authorized by the board of estimate and ap- 
 portionment. 
 
 4. The board of assessment and award shall have power to com- 
 pel by subpoena the attendance of witnesses, with or without books 
 
 [112] 
 
113 
 
 or papers, and to examine them with resiKict to assessments or 
 damages for changes of grade. 
 
 Nothing in this section shall be construed to affect the powers 
 of any commission existing at the time this act takes effect and 
 authorized to make awards for loss or damage caused by change 
 of grade. 
 
 § 2CS. 1. The board of assessment and award shall in no case 
 assess upon any land more than one-half the fair value thereof, 
 without the improvements, if any, thereon. 
 
 2. Except upon a petition signed by the owners of more than 
 one-half, in linear feet, of the property fronting upon the 
 line of any proposed improvement, no assessment shall be im- 
 posed for the paving, curbing or flagging of any street or any por- 
 tion thereof which has once been paved, curbed or flagged, where 
 the expense of such work has been paid by the owners of the ad- 
 joining property; provided, however, that nothing herein con- 
 tained shall be construed to relieve or release the owners of prop- 
 erty, grantees of the mayor, aldermen and commonalty of the city 
 of New York, of or from any covenants to pave or repave or other- 
 wise physically improve such streets. 
 
 § 269. There shall be a board of revision of assessments and 
 awards to consist of the comptroller, corporation counsel and 
 president of the tax department. The comptroller may be repre- 
 sented in the board by a deputy, the corporation counsel by an 
 assistant and the president of the tax board by a tax commissioner ; 
 but in any such case a written designation by the member of the 
 board shall be filed with the secretary. The board shall have power 
 
 1. To hear and consider on the merits objections to any assess- 
 ment or award made by the board of assessment and award ; 
 
 2. To subpa?na and examine witnesses in relation to any such 
 assessment or award ; 
 
 3. To confirm any such assessment or award : 
 
 4. To revise and correct any such assessment or award and con- 
 firm the same as revised and correcte<l ; 
 
 5. To return any such assessment or award to the board of 
 assessment and award with directions to revise and correct, and 
 then to confirm, the same. 
 
 In case any assessment or award shall not have been confirmed, 
 or revised and corrected and confirmed, or returned for revision 
 and correction, within thirty days after it shall have been received 
 by the board of revision of assessments and awards, it shall be 
 deemed to be confirmed at the expiration of said period. 
 
114 
 
 § -^0 No action to vacate an assessment or remove a cloud 
 upon title by reason thereof or to recover moneys paid for an 
 assessment, and no certiorari to review a determination with 
 respect to an assessment shall be maintained; but owners of prop- 
 erty shall, with respect to assessments and the recovery of moneys 
 paid_ for assessments, be confined to the proceedings for which 
 provision is made m the administrative code. 
 
CHAPTER X. 
 
 Local Boards. 
 
 Section 271. Each borough shall constitute a local improvement 
 district. There shall be in each district a board of local improve- 
 ments, to be known as the '' local board," consisting of the bor- 
 ough president and the councilmen elected from the borough, who 
 shall serve without compensation. The jurisdiction of a local 
 board shall extend over the district f(jr which it is constituted. 
 The borough president shall be chairman of the local board. 
 
 § 272. If any proposed local improvement specified in the next 
 section shall affect more than one local improvement district, the 
 members of the local boards of the districts affected shall together 
 constitute the local board for the purposes of said improvement. 
 
 § 273. 1. A local board may initiate proceedings for the con- 
 struction of tunnels, bridges, sewers and drains, the ojjining, clos- 
 ing, extending, widening, grading, paving, repaving, grading, re- 
 grading, repairing and resurfacing streets, ilagging, rellagging, 
 curbing and rccurbing sidewalks, laying aud relaying crosswalks, 
 setting and resetting street lamps, providing and renewing signs 
 showing the names of streets, fencing vacant lots, digging down 
 and filling in lots, and for acquiring real property for parks, tun- 
 nels, bridges and approaches thereto, and for streets, sewers and 
 drains ; and may by resolution, approved by the board of estimate 
 and apportionment, authorize and direct the department, board or 
 commissioner having jurisdiction, to execute and carry out the 
 improvement. 
 
 2. If the estimated expenses to be incurred under any one such 
 resolution be not over five thousand dollars and the whole 
 amount is to be raised by assessment on the property lx»nefited, 
 the approval of the board of estimate and apportionment shall not 
 bo necessary. 
 
 3. The board of estimate and apportionment shall by resolu- 
 tion to be adopted in January of each year, fix the aggregate cost 
 of all local improvements in each borough which may W author- 
 ized during said year as ju-ovided in subdivision two of this section. 
 
 § 274. The expense of idl local im])rovcments made under the 
 provisions of this chaj^ter shall be assessed and W a lien on prop- 
 erty benefited thereby in ])roportion to the amount of such benefit. 
 
 § 275. A local board shall have ]vMvrr to hear complaints as 
 [115] 
 
116 
 
 to nuisances in streets, or against disorderly houses, drinking 
 saloons, gambling houses or any other places or assemblages 
 conducted in violation of good order or of the laws of this 
 state, or other matters or things concerning the peace, comfort, 
 order, and good government, respecting any neighborhood within 
 the district or concerning the conditions of the poor, and to pass 
 such resolutions concerning the same as may not be inconsistent 
 with the powers of the council or of the respective administrative 
 departments. 
 
CHAPTER XI. 
 
 Acquisition of Real Property for Public Purposes. 
 
 Section 27G. The city is authorized to acquire real property by 
 purchase or by coudemnatiou for any city or county purpose; but 
 no real property shall be acquired except with the approval of the 
 board of estimate and apportionment expressed in a resolution, 
 made on its own motion or on the application of a department, 
 board or commission, or of an otlicor of a county included within 
 the city. 
 
 § 2 77. The board of estimate and apportionment >hall by gen- 
 eral resolutions prescribe the manner in ^vhich all applications 
 for the purchase of real property for public purposes shall be made 
 to it by any department, board or commission, and by what maps, 
 estimates of value, certiticates of necessity, reports and other docu- 
 ments such applications shall be accompanied. 
 
 § 278. All real property required by the city for public pur- 
 poses shall be acquired either: 
 
 1. By purchase by the board of estimate and apportionment 
 under the authority in this act conferred upon it ; or, 
 
 2. Through the exercise of the right of eminent domain, by 
 condemnation proceedings in the manner and according to the 
 practice provided in the administrative code. 
 
 § 279. If the board of estimate and apportionment shall by 
 resolution so declare, title to any real pro}x?rty to be acquired for 
 public purjxjscs by condemnation shall pass to the city upon the 
 qualification of the commissioners appointed to condemn the same, 
 and the city may thereupon enter and take possession of such 
 property. "\Vhenever title is thus vested in the city the commis- 
 sioners shall add interest to the awards at the rate of six per cent- 
 tum per annum from the date of their qualification to the date of 
 the awards. 
 
 § 280. The person in whoso favor awards shall be made or 
 costs taxed against the city shall have no right of action against 
 the city for such award or costs except as provided in the adminis- 
 trative code; but the supreme court may, by mandamus, on the 
 relation of the party entitled to such award or costs, direct the 
 comptroller to pay the same. 
 
 [117] 
 
118 
 
 § 281. 1. The term " real property " as used in this chapter 
 shall include all lands, lands under water, the water of any lake, 
 pond, or stream, all easements and hereditaments, corporeal or 
 incorporeal, and every estate, interest and right, legal and equitable 
 in lands or water, or any privilege or easement therein, including 
 terms for years and liens thereon hy way of judgment, mortgage, 
 or otherwise, and all claims for damages to such real property. 
 
 2. Whenever in this act 'authority is given to the city to ac- 
 quire real property, it shall be construed to authorize the acquisi- 
 tion either of the fee simple, or any easement or other estate, in- 
 terest or right therein, as the board of estimate and apportion- 
 ment may determine. 
 
CHAPTER XII. 
 
 The Municipal Civil Service Commission. 
 
 Sectiou 2S-2. All appoiutineuts, proiuotions and changes of status 
 of persons iu the public service of the city shall be made in the 
 manner prescribed by the constitution of the state and in accord- 
 ance with the provisions of the civil service law, and such amend- 
 ments as may be made thereto, and the provisions of this act. 
 
 § 283. The municipal civil service commission shall have the 
 power : 
 
 1. To appoint a secretary, examiners, and such other subordi- 
 nates as may be necessary, within the amount appropriated there- 
 for; 
 
 2. To make investin^ations concerning the enforcement and effect 
 of the provisions of the civil service law, in so far as it applies 
 to the city, and the rules and regulations prescribed thereunder, 
 or concerning the action of any examiner or subordinate of the 
 commission, or of any person in the municipal service, in respect 
 to the execution of that act, and in the course of such investigations 
 each commissioner and the secretary shall have the power to ad- 
 minister oaths; 
 
 3. To subjxcna and require the attendance <>i witnesses, and 
 the production thereby of books and papers pertinent to the in- 
 vestigations and inquiries hereby authorized, and to examine them, 
 and such public records as it shall require in relation to any matter 
 which it is required to investigate. 
 
 For the purpose of enabling the commission to comply with the 
 provisions of this section, it shall have all the powers conferred 
 by the code of civil procedure upon a board or committee, and 
 may invoke the power of any court of record in the state to com- 
 pel the attendance and testifying of witnesses, or the production 
 thereby of books and papers as aforesaid. 
 
 § 284. No officer of said city whose duty it is to sign or counter- 
 pign warrants, shall draw, sign or issue, or authorize the draw- 
 ing, signing or issuing of any warrant on the chamberlain or other 
 disbursing officer of the city for the payment of salary or com- 
 pensation to any person in the classifietl civil service of the city, 
 for services rendered to the city, except upon certificate of the 
 
 [119] 
 
120 
 
 municipal civil service commission that all provisions of the civil 
 service law, and of the rules adopted thereunder, have been com- 
 plied with in all respects, so far as such law and rules apply to 
 the person in whose favor the warrant is to be drawn. It shall 
 be the duty of the commission, Unless it shall find that such law 
 and rules have not been complied with, to issue such certificate 
 upon request. 
 
 § 285. Whenever in any department, institution or office of 
 any appointing officer, board or commission, any office, position or 
 employment, within the classified municipal civil service, is 
 abolished, or made unnecessary through the operation of this act 
 or in any other manner, or whenever the number of offices, posi- 
 tions or employments of a certain character is reduced, the person 
 legally holding the office or filling the position or empLoyment thus 
 abolished or made unnecessary shall be deemed to be suspended 
 without pay, and shall be entitled to reinstatement in the same 
 office, position or employment, or in any corresponding or similar 
 office, position or employment, within the same department or office 
 or where a department or office is abolished by this act then within 
 the department or office succeeding to its functions, if within one 
 year thereafter there is need for his services. Whenever such 
 office, position or employment is abolished or made unnecessary, it 
 shall be the duty of the head of the department, or institution or 
 other appointing officer, board or commission having jurisdiction 
 to furnish the name of the person or persons affected to the munici- 
 pal civil service commission, with a statement in the case of each 
 of the date of his original appointment in the service. It shall 
 be the duty of the municipal civil service commission forthwith 
 to place the name of such persons upon a list of suspended em- 
 ployees for the office or position, or for the class of work in which 
 they have been employed, or for any corresponding or similar 
 office, position or class of work, and to certify such persons for 
 reinstatement, in the order of their original appointment, before 
 making certification from any other list and no original appoint- 
 ment, promotion or transfer shall be made to any such office, posi- 
 tion or class of work in such department or office until the list of 
 persons eligible to reinstatement thereto has been exhausted. The 
 failure of any person on any such list for reinstatement to accept, 
 after reasonable notice, an office or position in the same borough 
 and at the same salary or wages as the position formerly held by 
 him shall be held to be a relinquishment of his right to reinstate- 
 ment as herein stated. 
 
CHAPTER XIII. 
 Inferior Local Courts. 
 
 TITLE I. 
 
 The Civil Courts. 
 
 Section 286. The city court is hereby continued ; provided how- 
 ever, that in sections three hundred and thirty-eij;ht, thirty-one 
 hundred and sixty-five, thirty-one hundred and sixty-nine, thirty- 
 one hundred and seventy and thirty-two hundred and sixty-eight 
 of the code of civil procedure, the word *' city " shall be con- 
 strued to mean and apply to the territory within the city of New 
 York as it existed and was constituted prior to the first day of 
 January, eighteen hundred and ninety-eight. The court consista 
 of ten justices, one of whom is chief justice of the court, who shall 
 each be elected for a term of ten years by the qualified electors 
 of the boroughs of Manhattan and The Bronx. Each of said jus- 
 tices shall receive a salary of twelve thousand dollars a year. 
 
 § 287. The municipal court of the city of New York is 
 continued and the justices of said court and all city marshals in 
 ofiice when this act takes eifect shall continue in office until the 
 expiration of their terms, unless sooner removed. The successors 
 of said justices shall be elected for tenns of ten years. The sal- 
 ary of each of said justices elected from tlie boroughs of Manhat- 
 tan, The Bronx and Brooklyn shall Ix) eight thousand dollars a 
 year, and the salary of each of said justices elected from the 
 boroughs of Queens and Richmond shall bo seven thousand dol- 
 lars a year; provided that, in addition to said salary, there shall 
 be paid to a justice elected from either the lx>rough of Queens 
 or the borough of Richmond Um dollars for each day on which 
 he shall hold court in either of the boroughs of ^fanliattan, The 
 Bronx or Brooklyn, on the certificate of the president of the board 
 of justices that the holding of court by such justice was neces- 
 sary by reason of the illness or absence of the justice regularly 
 assigned to hold the same or of extraordinary pressure of business. 
 
 [121] 
 
122 
 
 TITLE 2. 
 
 Criminal Courts. 
 
 Section 288. 3. For the purpose of the administration of justice 
 in courts of inferior criminal jurisdiction the city is divided 
 into two divisions, namely : The first division, embracing the bor- 
 oughs of The Bronx and of Manhattan; the second division, em- 
 bracing the boroughs of Brooklyn, Queens and Richmond. 
 
 § 289. The courts of special sessions and the city magistrates' 
 courts of each of the divisions of the city are hereby continued, 
 and the justices of special sessions and city magistrates in office 
 when this act takes effect shall continue to hold office until the 
 expiration of their respective terms, unless sooner removed as 
 provided by law. 
 
 § 290. From and after the first day of January, nineteen hun- 
 dred and ten, there shall be not less than eight justices of the 
 court of special sessions and not less than sixteen city magis- 
 trates of the first division, and not less than seven justices of the 
 court of special sessions and not less than sixteen magistrates of 
 the second division of the city. 
 
 § 291. 1. The salary of a justice of the court of special ses- 
 sions in the first division shall be nine thousand dollars a year; 
 and in the second division shall be six thousand dollars a year. 
 
 2. The salary of a city magistrate for the first division shall be 
 seven thousand dollars a year. The salary of a city magistrate 
 appointed in the borough of Brooklyn in the second division shall 
 be six thousand dollars a year. The salary of a city magistrate 
 for the boroughs of Queens and Richmond shall be five thousand 
 dollars a year. 
 
 3. The term of office of a justice of the court of special sessions 
 and of city magistrate shall be ten years and an appointment to fill 
 a vacancv in either office shall be for the same term. 
 
CHAPTER XIV. 
 
 Art Commission. 
 
 Section 292. The art commissioii shall be composed of: 
 
 The mayor, ex-othcio; 
 
 The president of the Metropolitan Museum of Art, ex-officio; 
 
 The president of The Kew York Public Library, Astor, Lenox 
 and Tilden foundations, ex-olHcio; 
 
 The president of The lirooklyn Institute of Arts and Sciences, 
 ex-oiiicio; and 
 
 Six members ai)pointed by the mayor as hereinafter provided, 
 of whom one shall be a painter, one a sculptor, and one an archi- 
 tect; of the remaining three members none shall be a member 
 of any profession in the fine arts. All shall be residents of the 
 city. The term of office of each member appointed by the mayor 
 shall be three years. Each head of a department shall be entitled 
 to sit and vote as a member of the coimnission whenever it shall 
 have under consideration any matter relating to his department. 
 
 The board of trustees of each institution herein named may 
 designate in writing, filed with the mayor, a member of such 
 board to sit and vote as a member of the commission in the 
 absence of the president of such institution. 
 
 § 293. At least twenty days before the expiration of the term 
 of office of a member appointed by the mayor, or within ten days 
 after the happening of a vacancy otherwise than by expiration of 
 term, the mayor shall request the Fine Arts Federation of New 
 York to submit a list of not less than three persons, each of whom 
 shaJl possess tbe qualifications of the outgoing member, or of 
 the member whose office shall have become vacant, as the case 
 may be. Appointments by the mayor shall be made from such 
 lists; but if in any instance the Fine Arts Federation shall fail to 
 submit a list within ten days after being requested so to do, the 
 mayor may appoint without such nomination. An appointment 
 to fill a vacancy shall be for the unexpired tenn. 
 
 § 294. The members of the commission shall serve as such 
 without compensation and shall elect a president, vice-president 
 and secretary from their number, each to serve for one year or 
 until his successor shall be elected. The commission may adopt 
 
 [123] 
 
124 
 
 its own rules of procedure. Five members shall constitute, a 
 quorum. 
 
 § 295. The city shall not purchase or take by gift, bequest or 
 otherwise, any work of art unless the same or a design thereof 
 shall have been first approved by the commission. No work of 
 art shall be erected or placed in or upon, or allowed to extend 
 over or upon, any street, park, public building or other property 
 belonging to the city until the same and its proposed location shall 
 have been approved by the commission. When required by the 
 commission, a complete model of a proposed work of art shall be 
 submitted to it. 'No work of art in the possession of the city 
 shall be removed, relocated or altered in any way without the 
 approval of the commission; but in case the immediate removal 
 or relocation of lany such work of art shall be deemed necessary 
 by the mayor, the commission shall be deemed to have approved 
 thereof unless it shall, within forty-eight hours after notice from 
 the mayor, notify him of its disapproval of such removal or relo- 
 cation. The term " work of art " as used herein shall apply to 
 and include paintings, mural decorations, stained glass, statues, 
 bas-reliefs or other sculptures, monuments, fountains, arches or 
 other structures of a permanent character intended for ornament 
 or commemoration. 
 
 § 296. 1. ISTo building, bridge, approach, gate, fence, lamp or 
 other structure shall be erected upon any street or land belonging 
 to the city unless the design thereof shall have been first approved 
 by the art commission. 
 
 2. No arch, bridge, structure or approach, the property of 
 any person, intended to extend or extending over or upon any 
 street, park or property belonging to the city shall be erected or 
 altered without the approval of the commission. 
 
 3. ISTothing herein contained shall be construed as intended 
 to impair the power of the park board to refuse its consent to the 
 acceptance or erection of public monuments, memorials or works 
 of any sort in any park. 
 
APPENDIX III. 
 
 TABLE OF SOURCES. 
 
 Showing the Derivation of suck Sections of the Pito- 
 posED Charter as are Taken from the Existing Chautee 
 AND the Consolidation Act (Laws 1882, Chap. 410), and 
 ALSO Designating the New Sections. 
 
 ABBREVIATIONS. 
 
 p. C— Present Charter, L. 1901, ch. 46G. 
 
 C. A.— Consolidation Act, L. 1882, ch. 410. 
 
 Cf. — Compare. 
 
 Consol. — Consolidated. 
 
 L. — Laws. 
 
 Ch.— Chapter. 
 
 Subd. — Subdivision. 
 
 Tit.— Title. 
 
 Art. — Article. 
 
 L. 1897, ch. 378.— First Greater New York Charter. 
 
 Code Civ. Proc. — Code of Civil Procedure. 
 
 CHAPTER I. 
 
 § 1. Cf. P. C. § 1. 
 C. A. § 1. 
 § 2. Cf. P. C. § 3. 
 C. A. § 26. 
 
 See also Consol. L. 1909, ch. 53. 
 § 3. P. C. § 4. 
 
 C. A. § 27. 
 § 4. P. C. §§ 4, 5. 
 
 C. A. § 27. 
 § 5. P. C. §§ 462, 1010, 141)0. 756. 864. 
 
 C. A. § 803. 
 
 General Construction Law, Con'K>l. L. 1909, ch. 22. 5 37. 
 § 6. P. C. § 71. See also §§ 205, 220. 
 
 C. A. §§ 170, 186. 
 
 § 7. P. C. § 73. 
 
 § 8. P. C. 5 72. 
 
 § 9. P. C. § 83. 
 
 § 10. P. C. § 86. 
 
 C. A. § 720. 
 
 [125] 
 
126 
 
 § 11. 
 
 P. C. i 
 C. A. 
 
 § 261. 
 § 1104. 
 
 
 
 
 § 12. 
 
 P. C. 
 C. A. 
 
 § 262. 
 § 1103. 
 
 
 
 
 § 13. 
 
 New. 
 
 
 
 
 
 § 14. 
 
 New. : 
 
 But see 
 
 P. c. §§ 
 
 730, 830, 1174, 1332. 
 
 § 15. 
 
 P. C. 
 
 § 2. 
 
 
 
 
 
 See L. 
 
 1899, 
 
 ch. 379. 
 
 
 
 
 
 
 
 CHAPTER II. 
 
 § IG. 
 
 P. C. 
 C. A. 
 
 § 59. 
 § 101. 
 
 
 
 
 § 17. 
 
 P. C. 
 
 §§ 60, 
 
 1551 
 
 
 
 
 C. A. 
 
 §§ 102. 
 
 , 57. 
 
 
 
 § 18. 
 
 P. C. 
 C. A. 
 
 § 1533, 
 § 59. 
 
 
 
 
 § 10. 
 
 P. C. 
 
 C. A. 
 
 § 1541, 
 § 46. 
 
 
 
 
 § 20. 
 
 P. C. 
 C. A. 
 
 § 1542, 
 § 47. 
 
 
 
 
 § 21. 
 
 P. C. 
 C. A. 
 
 § 1549 
 § 55. 
 
 
 
 
 S 22. 
 
 P. C. 
 
 §§ 20, 
 
 382. 
 
 
 
 § 23. 
 
 Cf. P. 
 
 C. §§ 
 
 122, 
 
 97, 
 
 382. 
 
 
 C. 
 
 A. §§ 
 
 122, 
 
 35, 
 
 108. 
 
 § 24. 
 
 New. 
 
 
 
 
 
 § 25. 
 
 New. 
 
 
 
 
 
 
 See Constitution, 
 
 art. 
 
 X, § 8. 
 
 
 Cf. P. 
 
 C. §§ 
 
 23, 
 
 97, 382, 18. 
 
 § 26. 
 
 Cf. p. 
 
 C. §§ 
 
 198, 
 
 1550. 
 
 
 c. 
 
 A. §§ 
 
 168, 
 
 56. 
 
 CHAPTER III. 
 
 § 27. 
 
 p. c. 
 
 C. A. 
 
 § 17. 
 § 29. 
 
 
 
 
 § 28. 
 
 P. c. 
 
 C. A. 
 
 § 18. 
 § 71. 
 
 
 
 
 § 29. 
 
 , New. 
 
 See § 25, supra. 
 
 
 § 30 
 
 . P. C. 
 
 §§ 19, 
 
 22 
 
 23, 
 
 25, 27, 28. 
 
 
 C. A. 
 
 §§ 32, 
 
 7l', 
 
 73, 
 
 76. 
 
 § 31 
 
 . New. 
 
 
 
 
 
 § 32 
 
 . Subd. 
 
 1. P. 
 
 c. § 
 
 18. 
 
 
 
 
 2. C. 
 
 A. § 
 
 29. 
 
 
 
 
 3. P. 
 
 C. § 
 
 18. 
 
 
 
 
 4. P. 
 
 C. § 27. 
 
 
 
 
 C. 
 
 A. f 
 
 ! 7L 
 
 , siibds. 3-7. 
 
 § 33 
 
 . P. C. 
 C. A. 
 
 §§ 18, 
 § 71. 
 
 27, 
 
 30, 
 
 35. 
 
 
 L. 1849, ch. 
 
 187, 
 
 § 4. 
 
 
 § 34. P. C 
 
 . §§ 42 
 
 -4, 47, 49-51. 
 
 
 C. A 
 
 . §§ 83 
 
 , 85- 
 
 -9. 
 
 
 § 35. New. 
 
 
 
 
 
 § 36. Subd 
 
 . 1. P. 
 
 c. § 
 
 39. 
 
 
 
 
 2. P. 
 
 c. § 
 
 ; 38. 
 
 
 
 
 3. P. 
 
 c. ? 
 
 i 50. 
 
 
 
 
 4. New. 
 
 
 
 
 C. A 
 
 . § 74. 
 
 
 
 
 i 
 
127 
 
 § 37. P. C. § 40. 
 
 C. A. § 75. 
 § 38. P. C. § 41. 
 § 39. P. C. § 57. 
 
 C. A. § 98. 
 § 40. Subd. 1. P. C. §§ 417, 418. 
 
 2. New. 
 § 41. New. 
 § 42. P. C. § 53. 
 
 C. A. § 100. 
 § 43. P. C. § 54. 
 
 Cf. C. A. § 93. 
 
 CHAPTER IV. 
 
 § 44. P. C. § 94. 
 
 C. A. §§ 30, 31, 52. 
 
 Cf. Brooklyn Charter, L. 1888, ch. 683, tit. Ill, S 3; L. 1S73, cL. 803, 
 tit. Ill, § 11; L. 1854, ch. 384, tit. lU, { 2. 
 § 45. P. C. § 94. 
 
 C. A. §§ 30, 31. 
 § 46. P. C. § 23. 
 
 C. A. § 32. 
 § 47. P. C. § 115. 
 
 C. A. § 103. 
 § 48. Subd. I. P. C. §§ 95, 118. 
 
 C. A. §§ 108, 100, 110, 1541. 
 
 2. P. C. §§ 1392, 1405, 1406. 
 
 3. New. 
 § 49. P. C. § 123. 
 
 § 50. P. C. § 119. 
 
 C. A. § 110. 
 S 51. P. C. §§ 90-110 and cf. §§ 383, G92. 
 
 C. A. §§ 34-45. 
 
 CHAPTER V. 
 
 § 52. P. C. § 226. 
 
 C. "k. % 189. 
 
 § 53. P. C. § 382. 
 
 Subds. 1 and 2. New. 
 § 54. Subds. 1, 2. P. C. § 226. 
 
 3. New. 
 § 55. New. 
 § 56. New. 
 
 § 57. New, but cf. V. C. §§ 151, 240 (added by L. 1007, ch. 601). C. A. 5 125. 
 § 58. New. 
 
 § 59. New. Cf. P. C. § 50. 
 C. A. § 97. 
 § 60. P. C. § 220. 
 C. A. 5 189. 
 
 Subd. 3 and part of subds. 2 and 5, new. 
 § 01. Subd. 1. P. C. § 220. 
 C. A. § 189. 
 
 2. P. C. § 900. 
 C. A. S 829. 
 
 3. P. C. §8 907, 249. 
 C. A. 8 2)4. 
 
 L. 1897, ch. 378. § 247. 
 
128 
 
 § 62. Subds. ], 2, 3, 7, 8, 10, 11, 12, 15, IG, 20, 21, 22, 23, and last paragraph 
 new. 
 
 4. P. C. § 230, subds. 4 and 8. 
 
 5. Id. subd. 6 and P. C. § 902. 
 
 6. Id. subd. 5. 
 9. Id. subd. 7. 
 
 § 62. Subds. 13. Id. subd. 8 and P. C. § 1526. 
 C. A. § 66. 
 14. Id. subd. 14. 
 
 17. P. C. § 248. 
 
 18. P. C. § 209. 
 C. A. § 172. 
 
 19. P. C. §§-227-229, 207, 211-214. 
 C. A. §§ 190-192, 171, 174-177. 
 
 § 63. New but cf. P. C. § 216. 
 C. A. § 129. 
 § 64. Subds. 1,3. last clause of 7, 12, 14, 16, and 17, new. 
 4. P. C. § 205a. 
 
 5-9,11. P. C. § 205, C. A. § 170. 
 7. in part P. C. §§ 220, 1066. 
 C. A. §§ 186, 1027. 
 10. P. C. § 217. 
 C. A. § 181. 
 13. P. C. § 472. 
 15. P. C. § 471. 
 18-20. P. C. §§ 523-529. 
 Cf. also P. C. §§ 169, 45, 47, 48, 442, 244, 970, 1430«, l-l.U;/.. and-475. 
 § 65. New. 
 § 66. Subd. 1. L. 1907, eh. 601, but cf. P. C. §§ 149, 246. 
 
 2. New. Cf. P. C. § 958. 
 § G7. P. C. § 196. 
 
 C. A. § 1165. 
 § 68. New. 
 
 § 69. New. Cf. P. C. § 55. 
 C. A. § 95. 
 § 70. New. Cf. P. C. § 149. 
 
 C. A. §§ 52, 123. 
 § 71. P. C. § 436. 
 
 L. 1897, ch. 378, § 422. 
 § 72. New. 
 § 73. New. 
 
 CHAPTER VI. 
 
 § 74. New. Cf. P. C. § 204. 
 
 C. A. § 170. 
 § 75. Subd. 1. P. C. § 207. 
 
 C. A. § 171. 
 
 2. P. C. § :?09. 
 C. A. § 172. 
 
 3. P. C. § 208. 
 
 4. P. C. § 207. 
 C. A. § 171. 
 
 5. P. C. § 208. 
 
 Subds. 6,7,8. P. C. §§ 207, 208. 
 
129 
 
 § 75. yubd. 9. P. C. § 206. 
 C. A. § 171. 
 
 10. P. C. § 208. 
 
 11. New. Cf. Rapid Transit Act. 
 
 12. New. Cf. Rapid Transit AcL 
 § 76. P. C. § 206. 
 
 C. A. § 171. 
 § 77. P. C. § 206. 
 
 C. A. § 171. 
 § 78. P. C. § 209. 
 
 C. A. § 172. 
 § 79. P. C. §§ 211, 216. 
 
 C. A. §§ 174, 179. 
 § 80. P. C. § 212. 
 
 C. A. § 175. 
 § 81. P. C. § 213. 
 
 C. A. § 176. 
 § 82. P. C. § 222. 
 § 83. P. C. § 213. 
 
 C. A. § 176. 
 
 CHAPTER VII. 
 
 § 84. New. Cf. P. C. §§ ISl, 187, 18S, 222, 169. 
 § 85. New. First clause, Cf. P. C. § 169. 
 
 Second clause, P. C. § 222. 
 § 86. Subd. 1. P. C. §§ 174, 181, 183, 184, 185. i-ast par. new. 
 
 2,3. Id. § 187. 
 
 4. Id. § 222. 
 
 5. Id. § 169. 
 § 87. P. C. § 169. 
 
 § 88. New. Cf. P. C. § 169. 
 
 § 89. New. Id. § 169. 
 
 § 90. New. 
 
 § 91. New. Cf. § 172. 
 
 5 92. Cf. P. C. § 174. 
 
 § 93. P. C. § 173. 
 
 Subds. 1,2. New. 
 
 3.4. P. C. § 173. 
 
 5. Id. § 176. 
 
 6. Id. § 174. 
 
 § 94. Subd. 1. P. C. § 173, subd. 5. 
 
 C. A. §5 145, 152. 
 2. P. C. § 174. 
 
 C. A. § 140. 
 § 95. Subd. 1. P. C. § 181. 
 
 C. A. § 144. 
 
 2. Id. 
 
 3. Id. 
 
 4. P. C. S 173, 8uM 4. 
 C. A. S$ 145, 152. 
 
 5. P. C. § 176. 
 C. A. § 139. 
 
 Last paraprnph. P. C $ 181. 
 § 96. Subd. 1. P. C. 5 188, subd. 1. 
 
 C. A. SS 157, 159, 101. 
 2. Id. subd. 2. 
 
130 
 
 96. Subd. 
 
 3. P. C. § 231. 
 C, A. § 196. 
 
 
 
 
 4. P. C. § 188, 
 
 subd. 3. 
 
 
 
 5. P. C. § 236, 
 
 and cf. ^ 
 
 188, subd 
 
 
 6. P. C. § 188, 
 
 subd. 7. 
 
 
 
 7. New. 
 
 
 
 97. P. C. 
 
 § 187. 
 
 
 
 C. A. 
 
 §§ 154, 155. 
 
 
 
 § 98. P. C. § 222. 
 
 P. C. § 1543. 
 C. A. § 48. 
 
 CHAPTER VIII. 
 
 TITLE I. 
 
 § 100. New. 
 § 101. New. 
 § 102. New. 
 § 103. New. 
 § 104. New. 
 § 105. New. 
 
 TITLE 3. 
 § 106. P. C. §§ 97, 149. 
 
 See Ordinances approved Nov. 8, 1906, § 477. 
 
 C. A. §§ 35, 52, 123. 
 § 107. New, but cf. P. C. § 97 and C. A. § 35. 
 § 108. New, but cf. P. C. § 149. 
 § 109. P. C. § 149. 
 
 C. A. §§ 52, 123. 
 § 110. P. C. §§ 149, 151, subds. 4, 6. 
 
 C. A. § 125. 
 
 TITLE 3. 
 
 § 111. P. C. §§ 194, 195. 
 
 C. A. §§ 163, 164. 
 § 112. P. C. § 151, subds. 1, 2, 5. 
 
 C. A. § 125. 
 
 § 113. 
 
 Cf. P. C. § 1587. 
 
 § 114. 
 
 New. 
 
 
 TITLE 4. 
 
 § 115. 
 
 P. C. §§ 107, 885. 
 
 
 C. A. § 43. 
 
 § 110. 
 
 P. C. §§ 887, 888. 
 
 
 C. A. § 43. 
 
 § 117. 
 
 Subd. 1. P. C. § 890. 
 
 
 C. A. § 81? 
 
 
 2. P. C. § 889. 
 
 
 3. New. Cf. P. C. § 899. 
 
 
 4. P. C. § 889. 
 
 
 5. P. C. § 899. 
 
 
 6. New. Cf. Tax Law, § 13. 
 
 
 7. P. C. § 892. 
 
 
 8. P. C. §§ 897, 898. 
 
 
 9. New. Cf. § 900. 
 
 
 10. New. Cf. § 910. 
 
 
 11. P. C. § 911. 
 
 
 C. A. § 833. 
 
131 
 
 § 118. Sulxl. 1. New. Cf. § 889. 
 
 2. New. Cf. C. 0. 1. § BA4. 
 
 3. P. C. § 895. 
 § 119. P. C. §§ 892, 894. 
 
 § 120. P. C. § 894. 
 C. A. § 818. 
 § 121. New. 
 
 § 122. P. C. § 892. Cf. § 909. 
 § 123. Cf. P. C. § 898. 
 S 124. P. C. § 896. 
 
 125. P. C. § 890; last clause new. 
 § 126. P. C. § 907. 
 S 127. New. Cf. §§ 910, 911. P. C. 
 
 128. New. Cf. § 899. P. C. 
 
 129. Cf. §§ 913, 914. P. C. 
 
 130. P. C. § 920. 
 
 § 131. New. Cf. § 911). 
 
 TITLE 5. 
 
 § 
 
 132. 
 
 P. 
 
 c. 
 
 § 255. 
 
 
 
 C. 
 
 A. 
 
 § 215. 
 
 § 
 
 133. 
 
 Cf 
 
 . P 
 
 . C. § 255. 
 
 § 
 
 134. 
 
 P. 
 
 c. 
 
 § 255. 
 
 
 
 c. 
 
 A. 
 
 § 215. 
 
 § 
 
 135. 
 
 p. 
 
 C. 
 
 § 256. 
 
 
 
 c. 
 
 A. 
 
 § 215. 
 
 § 
 
 136. 
 
 p. 
 
 C. 
 
 § 256. 
 
 
 
 c. 
 
 A. 
 
 § 215. 
 
 § 
 
 137. 
 
 p. 
 
 c. 
 
 §§ 258-200. 
 
 
 
 c. 
 
 A. 
 
 §§ 216,249. 
 
 § 
 
 138. 
 
 p. 
 
 c. 
 
 § 257. 
 
 § 
 
 139. 
 
 p. 
 
 c. 
 
 § 255. 
 
 
 
 c. 
 
 A. 
 
 § 215. 
 
 TITLE 6. 
 § 140. P. C. § 270. 
 
 C. A. §§ 37, 52. 
 § 141. Id. 
 § 142. New. 
 
 § 143. P. C. §§ 271, 272, 339. 
 C. A. §§ 250, 200, 280. 
 § 144. New. L. 1897, ch. 378, § 292; L. 1901. cli. Xl. 
 § 145. P. C. § 290. 
 C. A. § 2G5. 
 Cf. Also P. C. § 331. 
 C. A. § 288. 
 § 146. Subd. 1. P. C. § 284. 
 C. A. § 268. 
 
 2. P. C. § 292. 
 C. A. § 266. 
 
 3. P. C. §§ 292. 288. 
 C. A. §§ 266, 271. 
 
 4. P. C. § 308. 
 C. A. § 269. 
 
 5. P. C. 58 324. 323. 
 C. A. §§ 256, 255. 
 
 6. P. C. 5 315. 
 C. A. § 282. 
 
132 
 
 § 146. Subd. 7. P. C. § 320. 
 
 
 C. A. § 354. 
 
 
 8. P. C. § 305. 
 
 
 C. A. § 259. 
 
 
 9. P. C. § 316. 
 
 
 C. A. § 283. 
 
 
 10. P. C. § 1457, 353, subds. 8, 
 
 7. 
 
 C. A. §§ 1939-1942, 305. 
 
 
 11. P. C. § 301. 
 
 
 C. A. § 251, 
 
 
 § 147. P. C. § 297. 
 
 
 C. A. §§ 262, 204. 
 
 
 § 148. P. C. § 315. 
 
 
 C. A. § 282. 
 
 
 § 149. P. C. §§ 337, 340. 
 
 
 C. A. §§ 277, 281. 
 
 
 § 150. P. C. §§ 310, 312, 313, 314. 
 
 
 C. A. §§ 261, 296. 
 
 
 § 151. P. C. § 341. 
 
 
 C. A. § 275. 
 
 
 § 152. P. C. §§ 303, 302. 
 
 
 C. A. §§ 273, 472. 
 
 
 § 153. Subd. 1. P. C. § 302. 
 
 
 C. A. § 472. 
 
 
 2. P. C. § 300. 
 
 
 C. A. § 250. 
 
 
 3. Id., and partly new. 
 
 
 4. New. Cf. § 300. P. C. 
 
 
 5. Cf. P. C. § 300. 
 
 
 6. Id. § 302. 
 
 
 § 154. New. Cf. Code Civ. Proc. § 212rf. 
 
 
 § 155. New. P. C. § 300, Last clause. 
 
 
 TITLE 7. 
 
 
 § 156. P. C. § 1167. 
 
 
 C. A. § 41. 
 
 
 § 157. P. C. § 1168. 
 
 
 C. A. § 533. 
 
 
 § 158. Subd. 1. Public Health Law, § 21 and 
 
 passim. 
 
 2. P. C. § 1171. 
 
 
 C. A. § 538. 
 
 
 3-10. P. C. § 1169. 
 
 
 C. A. §§ 570, 573. 
 
 
 11. P. C. § 1210. 
 
 
 C. A. § 541. 
 
 
 12. See subd. 2, supra. 
 
 
 § 159. Subd. 1. P. C. § 1169. 
 
 
 C. A. §§ 570, 573. 
 
 
 2-5. P. C. § 1170. 
 
 
 C. A. §§ 549-552. 
 
 
 6. Cf. P. C. § 1175. 
 
 
 C. A. § 585. 
 
 
 7. Cf. P. C. §§ 1318, 1.304. 
 
 
 C. A. §§ 667, 649. 
 
 
 8. P. C. § 1221, subd. 1. 
 
 
 C. A. § 542. 
 
 
133 
 
 § 159. Subd. 9. P. V. § 1172. 
 C. A. 5 575. 
 
 10. See subd. 1, supra, 
 
 11. Cf. P. C. 8 1211). 
 
 C. A. § 555. 
 § IGO. Subd. 1. New. Cf. Public Hi-altli Law. 
 2-3. P. C. § 1179. 
 C. A. § 534. 
 4. New. 
 § iUl. P. C. § 1172. 
 C. A. § 575. 
 g 162. P. C. § 1172. 
 C. A. § 575. 
 § 1G3. New, but see P. C. § 1109 for part. 
 § 104. P. C. § 1178. 
 C. A. § 580. 
 § 105. P. C. §§ 1207, 1209, 1210. 
 Last clause ucw. 
 
 Cf. also Sanitary Code, §§ 124, 125, 130. 
 § 100. New, but cf. P. C. § 1570. 
 Cf. also C. C. P. §§ 174-178. 
 Cf. also Erie County Act, L. 1902, ch. 577. 
 § 167. New, but cf. Code Crini. Proc. § 773. 
 § 108. New. Cf. P. C. § 1570. 
 C. A. § 1706. 
 
 § 
 
 169. 
 
 New. 
 
 
 
 § 
 
 170. 
 
 New. 
 
 
 
 § 
 
 171. 
 
 New. 
 
 
 
 § 
 
 172. 
 
 P. C. 
 C. A. 
 
 § 1305. 
 § 606. 
 
 TITLE 3. 
 
 § 
 
 173. 
 
 P. C. 
 C. A. 
 
 §§ 724, 722. 
 § 424. 
 
 
 § 
 
 174. 
 
 P. C. 
 C. A. 
 
 Subd. 
 
 § 724. 
 § 424. 
 
 1. P. C. § 728. 
 C. A. § 428. 
 
 2. Cf. P. c. § ; 
 
 3. P. C. § 754. 
 C. A. § 450. 
 
 4. Cf. P. C. §§ 
 
 5. P. C. § 771. 
 C. A. § 463. 
 
 G. P. C. § 75S 
 
 (40. 
 7G3-77C. 
 
 § 
 
 175. 
 
 P. C. 
 
 § 720. 
 
 
 § 
 
 176. 
 
 Cf. P 
 
 . C. § 722. 
 
 
 § 
 
 177. 
 
 p. t . 
 
 § 727. 
 
 C. A. § 427. 
 
 
 § 
 
 178. 
 
 p. C. 
 
 § 734; partly new. 
 
 § 
 
 179 P. C. 
 
 § 736. 
 
 
 
 
 C. A. 
 
 § 437. 
 
 
 § 
 
 180. 
 
 Subd. 
 
 1. P. C. § 735. 
 C. A. § 436. 
 
 2. Cf. P. C. §§ 
 
 3. P. C. § 740, 
 
 739, 1543. 
 end ; cf. also § 
 
 r89, subd. c. 
 
134 
 
 § 
 
 181. 
 
 New. 
 
 
 
 s 
 
 182. 
 
 New; 
 
 but cf. P 
 
 . C. § 739. 
 
 
 
 
 
 c 
 
 . A. § 440. 
 
 § 
 
 183. 
 
 P. 
 
 C. 
 
 § 790. 
 
 
 
 
 C. 
 
 A. 
 
 § 519. 
 
 TITLE 9. 
 
 § 
 
 184. 
 
 New. 
 
 
 
 § 
 
 185. 
 
 New. 
 
 
 
 § 
 
 186. 
 
 P. 
 
 C. 
 
 § 1056. 
 
 
 
 
 C. 
 
 A. 
 
 § 1051. 
 
 
 § 
 
 187. 
 
 P. 
 
 C. 
 
 § 1055. 
 
 
 
 
 c. 
 
 A. 
 
 § 1029. 
 
 
 § 
 
 188. 
 
 New. 
 
 Cf. P. c 
 
 . § 1061. 
 
 
 
 
 
 C. A. 
 
 § 1022. 
 
 § 
 
 189. 
 
 P. 
 
 C. 
 
 § 1061. 
 
 
 
 
 C. 
 
 A. 
 
 § 1022. 
 
 
 § 
 
 190. 
 
 Cf 
 
 P 
 
 . C. § 1067. 
 
 
 
 L. 
 
 1897, ch. 37e 
 
 , § 1069. 
 
 § 
 
 191. 
 
 Cf 
 
 . 190, supra 
 
 
 § 
 
 192. 
 
 Subd. 
 
 1. Cf. P. 
 
 C. § 1069, subd. 1. 
 
 
 
 
 
 2. Cf. P 
 
 C. § 1069, subd. 6. 
 
 
 
 
 
 3. P. C. 
 
 § 1084. 
 
 
 
 
 
 L. 1897, ch. 378, § 1104. 
 
 
 
 
 
 4. P. C. 
 
 §§ 83, 1069. 
 
 
 
 
 
 5. P. C. 
 
 § 1069, subd. 2. 
 
 
 
 
 
 6. P. C. 
 
 § 1069, subd. 3. 
 
 
 
 
 
 7. P. C. 
 
 § 1069, subd. 5. 
 
 
 
 
 
 8. P. C. 
 
 § 1083. 
 
 
 
 
 
 9. Cf. P 
 
 C. § 1088. 
 
 
 
 
 
 10. P. C. 
 
 § 1068. 
 
 
 
 
 
 L. 1897, ch. 378, § 1070. 
 
 § 
 
 193. 
 
 P. 
 
 C. 
 
 § 1079; 
 
 cf. P. C. § 1089. 
 C. A. § 1040. 
 
 § 
 
 194. 
 
 P. 
 
 C. 
 
 § 1090. 
 
 
 § 
 
 195. 
 
 P. 
 
 c. 
 
 § 1090. 
 
 
 § 
 
 196. 
 
 P. 
 
 c. 
 
 § 1094. 
 
 
 
 
 L. 
 
 1897, ch. 378. § 1094. 
 
 § 
 
 197. 
 
 Cf 
 
 P 
 
 C. § 1087. 
 
 § 
 
 198. 
 
 P. 
 
 c. 
 
 s 1151. 
 
 
 
 
 C. 
 
 A. 
 
 § 1062. 
 
 
 § 
 
 199. 
 
 P. 
 
 C. 
 
 § 1127. 
 
 
 
 
 c. 
 
 A. 
 
 § 1105. 
 
 
 § 
 
 200. 
 
 p. 
 
 C. 
 
 § 1129. 
 
 
 
 
 c. 
 
 A. 
 
 § 1057. 
 
 
 § 
 
 201. 
 
 p. 
 
 C. 
 
 § 1139. 
 
 
 
 
 L. 
 
 1888, ch. 580, § 1. 
 
 
 
 
 
 
 TITLE 10. 
 
 § 
 
 202. 
 
 Subd. 
 
 1. P. c. 
 
 §§ 817, 818. 
 
 
 
 
 
 2. P. C. 
 
 §§ 540, 818. 
 
 
 
 
 
 3. P. C. 
 
 §§ 818, 819. 
 
 
 
 
 
 C. A. 
 
 § 712. 
 
 
 
 
 
 4. P. C. 
 
 § 820. 
 
 
 
 
 
 5. P. C. 
 
 § 819. 
 
 
 
 
 
 C. A. 
 
 § 712. 
 
 
 
 
 
 6. P. C. 
 
 §§ 818, 827. 
 
 
 
 
 
 C. A. 
 
 § 717. 
 
135 
 
 § 202. Subd. 7. P. C. §§ 817, 818. 
 
 8. P. C. § 819. 
 C. A. § 712. 
 
 9. P, C. § 818. 
 
 10. P. C. §§ 822-824. 
 § 203. Subd. 1. P. C. 8§ 837, 854, 854a, 856, 865. 
 C. A. §§ 789, 791, 804. 
 
 2. Cf. P. C. § 825. 
 
 3. Cf. P. C. § 833. 
 C. A. § 724. 
 
 4. Cf. P. C. §§ 834, 837. 
 C. A. § 725. 
 
 5. Cf. P. C. §§ 836, 838, 540. 
 C. A. § 728. 
 
 6. P. C. §§ 825, 859. 
 
 7. New. 
 § 204. P. C. § 826. 
 
 § 205. P. C. § 818. 
 
 § 20C. Cf. P. C. §§ 819-824, 826, 838, 867a. 
 
 C. A. § 712. 
 § 207. New. 
 
 TITLE II. 
 § 208. Cf. P. C. § 007. 
 § 209. P. C. §§ 010, 612, 613. 
 § 210. Subd. 1. P. C. § 610. 
 
 2. Cf. P. C. § 614. 
 
 3. P. C. § 611. 
 § 211. Cf. P. C. § 609. 
 
 C. A. § 700. 
 § 212. Cf. P. C. § 620. 
 
 C. A. §§ 075, 096, 698. 
 § 213. Subd. 1. Cf. P. C. § 612. 
 C. A. § 689. 
 2-5. P. C. § 612. 
 C. A. § 688. 
 6. P. C. § 615. 
 0. A. § 699. 
 7-8. P. C. § 614. 
 
 9. New. Cf. P. C. §§ 613, 621-626. 
 Last parafrraph, P. C. § 607. 
 § 214. P. C. §§ 621-626, 613. 
 
 C. A. §§ 606, 697, 698, 093. 
 
 TITLE 12. 
 
 § 
 
 215. 
 
 Subd. 
 
 1. P. C. § 409, subd. 1. 
 
 2. Id. subd. 2. 
 
 3. Id. SUM. 4. 
 
 Cf. Also P. C. S 473. 
 Last sentence new. 
 
 § 
 
 216. 
 
 Subds. 
 
 1-2. P. C. § 472. 
 
 3-4. P. C. § 474. 
 
 C. A. § 351. 
 
 5. P. C. § 516. 
 
 6. P. C. § 487. 
 
 7. P. C. § 1022. 
 Second sentence new. 
 
136 
 
 § 217. 
 
 P. C. § 471. 
 
 
 § 21S. 
 
 Subds. 1-3. P. C. 
 
 § 479. 
 
 
 C. A. 
 
 § 357. 
 
 § 219. 
 
 P. C. § 479. 
 C. A. § 357. 
 
 
 § 220. 
 
 P. C. § 511. 
 
 
 
 L. 1883, ch. 490, 
 
 § 35. 
 
 § 221. 
 
 New. 
 
 
 § 222. 
 
 Cf. P. C. § 518. 
 
 
 § 223. 
 
 New. 
 
 
 § 224. 
 
 SuM. 1. P. C. § 
 
 534, s 
 
 TITLE 13. 
 
 2. P. C. § 383, subd. 1. 
 
 3. Id. subds. 2, 3. 
 
 4. Id. subd. 4. 
 
 5. Id. subd. 5. 
 
 6. Id. subd. 6. 
 
 7. Id. subd. 7. 
 
 8. Id. subd. 9. 
 
 9. Id. subd. 10. 
 
 10. Id. subd. 11. 
 
 11. Id. subd. 9. 
 
 12. Id. § 428. 
 
 13. Id. second subd. 2. 
 
 14. New. 
 
 15. Id. subd. 5. 
 
 16. Id. §§ 526, 5z8. 
 
 17. Id. § 524. 
 
 18. Id. § 523. 
 
 19. Id. §§ 525-526. 
 
 20. Id. § 545. 
 
 21. Cf. P. C. § 383, subd. 8. 
 § 225. P. C. § 612. 
 
 P. C. § 818. 
 
 Last clause: P. C. § 540. 
 § 226. New. 
 § 227. New. 
 S 228. Subd. 1. Cf. P. C. §§ 533, 534. 
 
 2. Cf. P. C. § 383, subds. 1-4. 
 
 3. Cf. Id. subd. 9. 
 
 4. Cf. P. C. § 469, subd. 5. 
 
 5. Cf. P. C. § 383, subds. 10, 1 
 
 6. Cf. Id. subd. 6. 
 § 229. P. C. § 538. 
 
 § 230. P. C. § 544. 
 
 § 231. P. C. § 528. 
 
 § 232. New. Cf. P. C. § 383, subd. 9. 
 
 § 233. P. C. § 386. 
 
 TITLE 14. 
 § 234. Subd. 1. Cf. P. C. § 595, subd. 1. 
 
 2. P. C. § 595, subds. 4, 5. 
 
 3. Id. subd. 6. 
 
 4. New. Cf. P. C. § 598. 
 
 5. New. 
 
>35. Cf. P. C. § 598. 
 C. A. § 1<J78. 
 
 137 
 
 TITLE 15. 
 
 § 23G. P. C. §§ 405, 40G. 
 
 L. 1897, ch. 378. §§ 644, 648. 
 § 237. Cf. P. C. § 405. 
 8 238. Sulxl. 1. P. C. § 406. 
 
 Cf. Building Code, §§ 157, 157a. 
 
 2. Cf. P. C. § 405. 
 
 3. Cf. P. C. § 406. 
 
 L. 18'J7, ch. 378, § 648. 
 § 239. New. 
 § 240. P. C. § 410. 
 
 L. 1897, ch. 378, § 650. 
 I 241. P. C. § 411. 
 
 L. 1897, ch. 378, § 649. 
 § 242. P. C. § 406. 
 
 TITLE 16. 
 § 243. Subd. 1. P. C. § 1340. 
 
 2. P. C. §§ 1340, 1344e. 
 
 3. L. 1901, ch. 334. § 12. 
 § 244. Subd. 1. New. 
 
 2. New. 
 
 3. P. C. § 1338. 
 
 4. New. 
 
 5. Cf. P. C. § 1342. 
 § 245. Subd. 1. P. C. § 1342. 
 
 2. Cf. P. C. §§ 1344a, 1343. 
 
 3. Cf. P. C. §§ 1344t, 1344;, 1344A-. 
 § 246. New. 
 
 § 247. Partly new; see P. C. § 1341a. 
 
 5 248. P. C. § 1341?). 
 
 § 249. New. See for subd. 1. L. 1901. ch. 334. 
 
 TITLE 17. 
 § 250. Paragrraph 1. P. C. § G(i2. 
 Subd. 1. New. 
 
 2. New. 
 
 3. P. C. § 660. 
 
 4. P. C. §§ 662, 676. 
 C. A. § 418. 
 
 5. P. C. § 662. 
 6-7. P. C. § 663. 
 
 8. P. C. §§ 663, 682. 
 
 9. P. C. § 663. 
 
 10. Cf. P. C. § 660. and § 092. miM. II. 
 
 11. P. C. 8 664. 
 
 12. P. C. § 6(14. 
 
 13. P. C. § 671. 
 
 14. P. C. § 672. 
 C. A. § 408. 
 
 15. P. C. § 673. 
 C. A. § 40S. 
 
13S 
 
 § 250. Subd. IG. P. C. § G76. 
 C. A. § 418. 
 
 17. New. 
 
 18. P. C. § 670. 
 
 19. P. C. § 683. 
 C. A. § 421. 
 
 20. P. C. §§ 684, 685. 
 
 C. A. §§ 422, 1454-6. 
 
 21. P. C. §§ 687-9. 
 § 251. P. C. § 678. 
 
 C. A. § 416. 
 § 252. P. C. § 660. 
 § 253. P. C. § 661. 
 § 254. New. See Poor Law, L. 1896, ch. 225, § 2. 
 
 TITLE i8. 
 § 255. Subd. 1. P. C. § 695. 
 
 See Code Civ. Proc. § 120. 
 
 2. New. See Code Civ. Proc. § 120. 
 
 3. New. See Code Civ. Proc. § 123. 
 § 256. Cf. P. C. § 696. 
 
 § 257. Cf. Id. 
 
 TITLE 19. 
 § 258. Cf. P. C. § 692, subd. 1. 
 § 259. Cf. Id. and subd. 3. 
 § 260. Subd. 1. P. C. § 692. subd. 5. 
 2-3. Id. subd. 7. 
 
 4. New. 
 
 § 261. P. C. § 692, subd. 8. 
 
 § 262. P. C. § 692, subd. 10. 
 
 § 263. P. C. § 692, subd. 11. 
 
 § 204. P. C. § 092, subd. 6. 
 
 CHAPTER IX. 
 
 § 265. P. C. § 942. 
 § 266. Cf. P. C. § 943. 
 C. A. § 805. 
 § 267. Subd. 1. P. C. § 943. 
 
 2. New. 
 
 3. New. 
 
 4. New. 
 
 Last paragraph, P. C. § 952. 
 
 § 268. Subd. 1. P. C. § 947. 
 
 C. A. § 870. 
 
 2. P. C. § 948. 
 
 C. A. § 875. 
 
 § 269. P. C. § 944. 
 
 C. A. § 867. 
 § 270. P. C. §§ 958, 961, 963. 
 
 CHAPTER X. 
 
 § 271. P. C. § 425, L. 1897, ch. 378, §§ 390, 391. 
 i? i>T'2. P. C. § 426, lb. 
 
 § 273. P. C. §§ 428, 323, subd. 12: 434, 435. 
 L. 1897, ch. 378, §§ 393, 403. 
 
139 
 
 § 274. P. C. § 434. 
 § 27.i. P. C. 8 42y. 
 
 L. 1S97, cli. 378, § 393. 
 
 § 276. New. 
 
 § 277. New. 
 
 § 278. New. 
 
 § 279. New. 
 
 § 280. Cf. P. C. § 174. 
 
 § 281. New. 
 
 CHAPTER XI. 
 
 CHAPTER Xn. 
 
 § 282. P. C. § 124. 
 § 283. Cf. L. 1899, ch. 370. 
 Subd. 1. Id. § 4. 
 
 2. Id. § 6, subd. 3. 
 
 3. Id. § 6, subd. 4. 
 Last paragraph, id. 
 
 § 284. Id. § 19. 
 § 285. Id. § 21. 
 
 CHAPTER Xni. 
 TITLE I. 
 § 286. P. C. §§ 1345, 1346. 
 
 C. A. § 1206. 
 § 287. Partly new. 
 
 See P. C. §§ 1356, 1355. 
 C. A. § 1281. 
 
 TITLE 2. 
 § 288. P. C. § 1390. 
 § 289. P. C. § 1405. 
 § 290. Cf. P. C. §§ 1405, 1391. 
 § 291. Subd. 1. P. C. § 1406. 
 
 2. P. C. § 1402. 
 
 3. P. C. §§ 1405, 1392. 
 
 CHAPTER XIV. 
 
 § 292. P. C. § 633. 
 
 § 293. P. C. § 634. 
 
 § 294. P. C. § 635. 
 
 S 205. P. C. §§ f.37. 639. 
 
 § 296. P. C. § 637. 
 
INDEX OF CHARTER. 
 
 Sbc. 
 ABOLISHMKNT. See "Aldermen, Board of;" "Aqueduct Commission- 
 ers;" "Assessors, Board of;" "Bank Deposit;" "Coroners;" "Educa- 
 tion, Department of;" "Sinking Fund Commissioners, Board of;"' 
 " Street Cleaning Department." 
 
 ACCOUNTIXG AND ACCOUNTS. 
 
 Audit of accounts of all city olTiccrs, etc., charged with receipt of 
 city moneys may be made by board of estimate 20 
 
 ACQUISITION OF REAL PROPERTY FOR PUBLIC PURPOSES. 
 
 Acquisition of real and personal property for public uses 
 
 Subds. 1, 2 2 
 Acquisition of title to land for public purposes. See " Local Boards " 273 
 Application for such purchases by departments, boards or com- 
 missions 277 
 
 Awards. 
 
 No action for 280 
 
 Payment of, by comptroller on mandamus 280 
 
 Conditions upon wliich real projK^rty may be acquired by the city.. 27(5 
 
 Corporate stock issued for Subd. 5 8G 
 
 Documents to accompany applications for such purcliase, prescribed 
 
 by board of estimate and apportionment 277 
 
 Interest on awards, when to run ; 279 
 
 Manner of application for purchase of real property, prescribed by 
 
 board of estimate and apportionment 277 
 
 Mode of acquisition. 
 
 Purchase, authorized by board of estimate Subd. 1 2'> 
 
 Condemnation proceedings under right of eminent domain 
 
 Subd. 2 27S 
 
 Payment of awards on mandamus 280 
 
 Rapid transit railroads, corporate stock issued for acquisition of 
 
 lands and easements for Subd. 5 8fi 
 
 Real property defined 281 
 
 Right of action against city for award.s of costs, when not allowed. . 2S() 
 Title to realty acquired by condemnation, when to pass 27!» 
 
 ACTIONS AGAINST THE CITY 11. 12 
 
 Conditions precedent to bringing actions against the city II 
 
 Payment of judgments against city Sulvl. 4 :h; 
 
 Venue of 12 
 
 ADMINISTRATIVE DEPARTMENTS. See also Individual IX'part 
 mcnt'*. 
 
 Now in existence, continued 102 
 
 Branch oflicos in any borough to l>e authorized by board of estimate 
 
 and apimrtioiHuciit 103 
 
 Enumeration of — 
 
 Bellevue and alli.^d hospitals 51 
 
 Briilges 51 
 
 Buildings r>l 
 
 Charities 51 
 
 Correction 51 
 
 Docks and ferries 51 
 
 Education 51 
 
142 
 
 ADMINISTRATIVE DEPARTMENT — Continued. 
 
 Enumeration of — Continued. Sec. 
 
 Finance 51 
 
 Fire 51 
 
 Health 51 
 
 Law 51 
 
 Parks 51 
 
 Police 51 
 
 Street control 51 
 
 Tax 51 
 
 Tenement-house 51 
 
 Treasury 51 
 
 Water supply 51 
 
 Heads of departments to prescribe duties of officers and employees ... 102 
 
 Jurisdiction continued 102 
 
 Main office in borough of Manhattan 103 
 
 Powers now in existence continued 102 
 
 Rules and regulations, which ones continued in force 102 
 
 ADULTERATION. 
 
 Enforcement of laws, re 158 
 
 ADVERTISING. 
 
 Budget provides for cost of advertising required by law. . . .Subd. 12 62 
 
 AI^IBULANCES Subd. 4 260 
 
 AMERICAN INSTITUTE OF ARCHITECTS 241 
 
 ANNUAL RECORD OF THE ASSESSED VALUATION OF REAL 
 ESTATE. . 
 Budget provides for cost of compiling and publishing Subd. 12 62 
 
 AQUEDUCT COMMISSIONERS. 
 
 Office abolished 222 
 
 Powers devolved upon water commissioner 222 
 
 Records to be delivered to water commissioner 222 
 
 ART C0:\OIISSI0N. 
 
 Appointment of 48 
 
 Appointment, manner of 293 
 
 Approval of commission, when necessary 295 
 
 Approval, what constitutes 295 
 
 Composition 292 
 
 Election of officers 294 
 
 Term of office , 294 
 
 Heads of city departments, when entitled to vote in commission .... 292 
 
 Location and removal of structures, to be approved 295 
 
 Wlien necessity for immediate removal 295 
 
 ASSESR:\IENTS for local improvements and AWARDS FOR 
 CHANGES IN GRADES. 
 
 Amount of award 267 
 
 Applications for relief from, heard and determined by board of 
 
 estimate Subd. 2 66 
 
 On what conditions Subd. 2 66 
 
 Assessments for paving, etc., when not to be imposed Subd. 2 268 
 
 Assistant corporation counsel may represent corporation counsel.... 269 
 
 Awards for changes of grade, when made Subd. 2 267 
 
 Awards for damages to unimproved land Subd. 3 267 
 
 Board of revision of assessment and award. 
 
 Appointment and removal 266 
 
143 
 
 ASSESSMENTS F<m UKAL IMPROVEMENTS AND AWARDS FOI{ 
 
 CHANGES IN GRADES — CV.ntiniK-,1. Se.-. 
 
 Board of assessment and award — Continued. 
 
 <^'lerl<9 2G6 
 
 Composition 266 
 
 Duties, assessments Sulxl. 1 2G7 
 
 Powers Subd. 4 267 
 
 President of board, how designated 266 
 
 Prohibition upon: 
 
 Not to assess any land more than one-half the value thereof 
 without the improvements thereon Sulxl. 1 268 
 
 Salaries. 
 
 266 
 
 Secretary 266 
 
 Subordinat 
 
 266 
 
 Board of estimate's authorization of awards Subd. 3 267 
 
 Board of revision of assessment and award, 
 
 Composition of ; 269 
 
 Powers ...y. .]....[ ..[.[. 269 
 
 Certifiaations of awards to comptroller 267 
 
 Clouds on title, bill to remove, wlien allowed 270 
 
 Commi.ssions of awards for chanpros of f^rade in exi.stence jaiiuarv 
 
 one. nineteen hundred ten, unalTcctod bv Subd. 4 267 
 
 Comptroller, member of board of revision of assessments. ..... . . ^69 
 
 Confirmation of assessment, when deemed to have taken place 269 
 
 Confirmation of asi=essments or awards Subd. 3 269 
 
 Corporation coun.sel, member of board of revision as'sesainents . . . . . . 269 
 
 Covenants to repave, no release from Subd 2 20.S 
 
 Deputy comptroller may represent comptroller .......". " 269 
 
 Directions to revise, correct or confirm Subd. 5 269 
 
 Examination of witnes.scs ' _ Sub<l. 4 267 
 
 „ J . , . Subd. 2 269 
 
 Fraud in layinpr as.sessments 270 
 
 Hearinjj on objections to assessments Subd. i 269 
 
 Objootions to assessments, hearing on !Subd 1 -'09 
 
 President of tax department, member of board of revision assess- ~ 
 
 monts. 2B9 
 
 Proceedings to vacate or reduce assessments, when to be brouf'ht '>70 
 
 PropiTty Ix'iiofited. assessments on, for cost of conducting "sewace " 
 
 disposal works ^ 030 
 
 Reduction of assessments 270 
 
 Relief re assessments ............[... 270 
 
 Remedies re assessments 270 
 
 Return of assessments or awards to board of assessors!' '. . . ..SuM. 5 269 
 
 Revision of assessments or awards i^ulxl 4 269 
 
 Rolls, assessment. 
 
 Form of 1 ., . 
 
 In discretion of tax department 12i 
 
 Of personal property ]2o 
 
 Wliat to contain joq 
 
 Assessment, when not invalid 120 
 
 Of real prop.^rty II9 
 
 What to contain 119 
 
 Assessment, when not erroneous 1 19 
 
 When assessment may be added to 125 
 
 When open to public inspection 122 
 
 Suhprrna duces tecum Subd. 4 267 
 
 Sul)pa>na. power to [["' Sub^j] 4 267 
 
 Tax eommissionpr may represent president of tax board 269 
 
 I'nimproved land, dam.iges to Subd. 3 267 
 
 Vacation of assessment, bill in equity for, when allowed 270 
 
 ^'oid assessments 270 
 
 When actions for relief not to Iw maintained Subd. 2 ~66 
 
 ^Yl1en department may redne?. or coun.sel 124 
 
 Witness. <'<>iin.iil-orv Mf f.'iii]:iii,'.> i.f <c.,)v,|.j -^ 1 55 267. 269 
 
Ii4 
 
 ASSESSMENT FOR TAXATION. Sec. 
 
 Applications to reduce 123 
 
 Appointment of 130 
 
 AUTOPSY. See " Health, Department of." 
 
 AWARDS FOR CHANGES OF GRADE. See " Assessments for Local 
 Improvements.'' 
 
 B. 
 
 BANKS AND TRUST COMPANIES. 
 
 Conditions on which city moneys are deposited 67 
 
 Designated by board of estimate for deposit of city moneys 67 
 
 BELLEVUE AND ALLIED HOSPITALS 258-264 
 
 Accident cases, care of Subd. 3 260 
 
 Ambulance districts and stations Subd. 4 260 
 
 Ambulance service in Manhattan and the Bronx, except ambulance 
 
 service maintained by the health department Subd. 4 260 
 
 Appointment of officers and employees by board on nomination of 
 
 general superintendent Subd. 1 260 
 
 Board of trustees of Bellevue and allied hosijitals. 
 
 Appointment and removal by mayor 259 
 
 Composition 259 
 
 Charities commissioner, member ex officio 259 
 
 Head of Bellevue and allied hospitals 51 
 
 Jurisdiction 258 
 
 All public hospitals belonging to city in boroughs of Man- 
 hattan and the Bronx, except hospitals un&er charge of 
 
 health department 258 
 
 Powers and duties 260-264 
 
 Qualifications of members 259 
 
 Term 259 
 
 To serve without pay 259 
 
 Trustees not to be interested in contracts of any kind with or 
 
 for city hospitals 259 
 
 Contracts with Bellevue Training School for Nurses for training 
 
 school building 263 
 
 Subject to board of estimate's approval 263 
 
 Insane, examination and temporary care of Subd. 2 260 
 
 Maintenance of Training School for Nurses 263 
 
 Medical boards of city hospitals continued 264 
 
 Members to serve without pay during good behavior 264 
 
 Vacancies, when filled 264 
 
 Medical house officers 264 
 
 Medical officers Subd. 1 260 
 
 Nonresidents, treatment in city hospitals 261 
 
 Persons taken ill in the street, care of Subd. 3 260 
 
 Removal of corpses from hospital by charities commissioner 262 
 
 Residents able to pay for maintenance, treatment in hospitals 261 
 
 Superintendents Subd. 1 261 
 
 Surgical house officers 264 
 
 Transfer of patients to jurisdiction of charities commissioner 262 
 
 BLACKWELL'S ISLAND, See "Corrections." 
 
 BLIND. 
 
 Budget provides for appropriations for relief and education of 
 
 Subd. 13 02 
 
 BOARDS. 
 
 [MomlK-rs of all, appointed by mayor Subd. 1 4S 
 
145 
 
 BONUS. SEC. 
 
 Assessment boiid.s, kinds of, enumerated § 84, Subd. 1 8<i 
 
 Corporate stock issued to pay cost of Subd. 5 ( J) 8G 
 
 Deliiied Subd, 1 86 
 
 Exempt from taxation 87 
 
 Form 87 
 
 Interest on 89 
 
 Period for which issued 92 
 
 Purposes for wiiich issued 92 
 
 Classes of obli{^ations, enumerated 84 
 
 Issued only \\ lien authorized by twelve votes of board of esti- 
 mate 85 
 
 Corporate stock. 
 
 Defined Subd. 5 86 
 
 Exempt from t^.xation 87 
 
 Form H7, 88 
 
 Payable, how 88 
 
 Redeemable, when 88 
 
 Redemption of, at maturity Subd. 5 86 
 
 Statutes authorizing city to issue corporate stock, the purposes 
 
 of which are not yet fulfilled, not rei)ealed hereby ... .Subd. 5 80 
 Three classes only. 
 
 Class A: l^edeeniahie from sinking fund of The City of 
 
 New York 84 
 
 Class B: Redeemable from water sinking fund of The City 
 
 of New York 84 
 
 Class C: Redeemable from any sinking fund created pur- 
 suant to Rapid Transit Act, L. 1891, chap. 4, and amend- 
 ments tiiereof 84 
 
 Discharge of registered bonds 91 
 
 Excess receipts of face value of city obligations payable into general 
 
 fund for reduction of taxation 85 
 
 Expenses of defending title to ollice Subd. 3 96 
 
 Fund for street and park openings 93 
 
 Continued 93 
 
 What to consist of 93 
 
 General fund bonds. 
 
 Annual interest on. provided bv budget Subd. 20 62 
 
 Defined Subd. 4 86 
 
 Exempt from taxation 87 
 
 Form 87 
 
 Issued to sinking fund for redemption of city debt 98 
 
 Interest on city obligations 89 
 
 Judgments against city, payment of Subd. 4 9(5 
 
 Manner of payment of interest on coupon Iwnds when registered. ... !•! 
 
 Negotiability of coupons 91 
 
 Private sale by comptroller 5*0 
 
 Proposals for bonds or stock 00 
 
 Awards 90 
 
 Comptroller to open publicly 90 
 
 Forfeiture of dejKisits payable into sinking fund for redemption 
 
 of city debt ". 90 
 
 Public advertisement for ten days 90 
 
 Registrv of cojifwu bonds 5*1 
 
 Regisitry of obligations in finance department 91 
 
 Transferable thereafter onlv on books of city 91 
 
 Revenue bonds " 5 84. Subd. 2 86 
 
 Defnied • • Subd. 2 S6 
 
 Exempt from taxation .....r ,,..j,.., 87 
 
 Form 8< 
 
 Intere>t <mi 89 
 
 PuriKises for wliieh issued 97 
 
 Sale witliout public advertisement 90 
 
146 
 
 BONDS — Continued. ^^^-^ 
 
 Sale by comptroller ^0 
 
 Conditions of bidding o' '-uV ' ' to 
 
 Special revenue bonds § 84, Subd. 3 86 
 
 Defined Subd. 3 80 
 
 Exempt from taxation ^7 
 
 Form 87 
 
 Interest on °^ 
 
 Purposes for wliich issued 9o 
 
 Eedenxption of special revenue bonds during preceding year pro- 
 vided for in budget Subd. 21 62 
 
 Sale without public advertisement ' 90 
 
 Street improvement fund bonds defined Subd. 1-b 86 
 
 Street and park opening assessment bonds defined Subd. 1-a 91 
 
 Transfer of bonds 91 
 
 BOROUGHS. 
 
 Boundaries of borougbs 15 
 
 Commissioners to supervise removal of electrical conductors under- 
 ground, etc Subd. 20 64 
 
 President. 
 
 Devotion of entire time to business and duties of the board 55 
 
 Election of 53 
 
 Member of board of estimate 52 
 
 Number of votes 52 
 
 Qualifications 53 
 
 Removal of 23 
 
 Salary Subd. 2 53 
 
 Special duties assigned to 55 
 
 Term 53 
 
 Vacancy, how filled Subd. 1 53 
 
 BRIDGES (Department of). 
 
 Board of estimate to prescribe tolls and prudential regulations 235 
 
 Bridge commissioner head of bridge department 51 
 
 Bridges and tunnels under jurisdiction of department declared 
 
 public highways 235 
 
 Construction, w'hen initiated by local boards 273 
 
 Exceptions Subd, 3 234 
 
 Foot-paths, free of tolls 235 
 
 Maintenance Subd. 21, 224 
 
 Subd. 3 234 
 
 Management, repair and alteration of Subd. 3 234 
 
 Crossing navigable streams Subd. 24 224 
 
 Subd. 2 234 
 
 Design of bridges to be approved by art commission 296 
 
 Railroads on bridges, operation of Subd. 5 234 
 
 BROOKLYN INSTITUTE OF ARTS AND SCIENCES 292 
 
 BUDGET. 
 
 Appropriations for departments, etc Subd. 2, §§ 13, 62 
 
 Blind, appropriations for 
 
 Certification of, by mayor, comptroller and city clerk Subd. 1 61 
 
 Consideration of, by council not to continue beyond twentv 
 
 days. , , _ .' Subd. 5 60 
 
 Deficiency in revenues of any sinking fund for payment of interest on 
 
 bonds and stock redeemable therefrom ." 82 
 
 Departmental estimate?? to be submitted Subd. 2 60 
 
 Duplicate departmental estimates to be sent to council Subd. 2 6(1 
 
 Duties of council re 41 
 
 Emergency appropriation 62 
 
147 
 
 BUDGET — ( oiilinued. Sec. 
 
 E3timat«*d receipts of ilepartments, etc Subd. 2 GO 
 
 Filing in comptroller's olliee Subd. 1 81 
 
 J-'iu;il aiiiiption of Subd. 1 61 
 
 Prior to December 2.5tli annually Subd. 1 01 
 
 General fund for roduotion of taxation, receipts of Subd. 3 60 
 
 Hearings on Subd. 4 (»U 
 
 Improvements, reduction by council of budget for Subd. 5 60 
 
 IiRTeasps by council forbidden Subd. 5 60 
 
 Jncluiics .sum sulliiiont to pivy claims for awards and costs remain- 
 ing due in condemnation proceedings made and confirmed before 
 
 a day certain 73 
 
 Items to lie provided for enumerated Subds. 1-22 62 
 
 Items wliich may be reduced or rejected by coumil Subd. o 60 
 
 Publication in t'ity Rcvcord, whfm *. Subd. 5 60 
 
 Final publication in City Kecord Subd. 1 60 
 
 Eeduction by council Subd. .^ 60 
 
 Rejection by council Subd. 5 60 
 
 Revenues, sources and estimated receipts to be shown in.... Subd. 3 60 
 
 Salaries, reduction by council Subd. 5 60 
 
 Sinking fund, receipts of Sutni. 3 (U) 
 
 Sources of revenues to be sliown in Subd. 3 60 
 
 .Special meeting of council to consider Subd. 5 60 
 
 Supplies, reduction by council Subd. 5 60 
 
 Taxpayers' hearing on Subd. 4 60 
 
 Transmission to council Subd. 4 UO 
 
 Tiiree-fourths' vote of council necessary to override mayor's veto of 
 
 reduction or rejection by council Subd. 5 60 
 
 Variation by council forbidden Subd. 5 00 
 
 When to be 'made Subd. 1 00 
 
 When deemed adopted as tran.smitted Subd. .5 60 
 
 BUILDING DEPARTMENT 230-242 
 
 Api)eal from decision of superintendent of buildings 241 
 
 Final decision, when reached 241 
 
 Wiien to l;e t^iken 241 
 
 Board of appeal. 
 
 Appointment 241 
 
 Clerk, appointment, salary, removal 241 
 
 ComiK)sition 241 
 
 Fees, manner of payment 241 
 
 Presiding ofl'icer designated by mayor 241 
 
 Chief inspector of buildings ". " Subd. 3 238 
 
 Qualifications Sub.l. .'l 23S 
 
 When to act as suptMintend<'nt . . . . . .Subd. 3 238 
 
 Commissioner. 
 
 Appointment Subd. 1 4S 
 
 Head of building dei>{ir(m°:.( 51 
 
 Juri.sdirtion <ubds. 1, 2. 3. 5. 6 234 
 
 Exceptions Subd. 19 224 
 
 Subds. 2, 3. 6 234 
 
 Limitation mi power to issue peniui' 236 
 
 Powers, PTiumerated --ubds. 1. .3 2.1S 
 
 2«», 240 
 
 Qunliiications '-•'^6 
 
 V-.riation of ordiiiaiKvs by commissioner -40 
 
 Conversion into tenement -house -30 
 
 DiMUitv commissioner, powers -^^ 
 
 Fnlrv'of ^^^ 
 
 Between sun<>et and sunrise, written order necessary 230 
 Expense incurred in condemning unsafe building's, met by sperinl 
 
 revenue bonds Subd. 1 06 
 
148 
 
 BUILDING DEPARTMENT — Continued. Sec. 
 
 Expense of making buildings safe, recoverable at law and a preferred 
 
 lien on land Subd. 1 238 
 
 Hearing on petition for modification of ordinances 240 
 
 Inspection of 239 
 
 Inspectors, powers 239 
 
 Materials 241 
 
 Mode of construction 241 
 
 Otlicers and employees not to be engaged in certain businesses 242 
 
 Ordinances re 240 
 
 May be varied by commissioner 240 
 
 Permits for 236 
 
 Petition by owner for modification of ordinances must set forth 
 
 grounds 240 
 
 Reconstruction, order for Subd. 1 238 
 
 Records to be kept of petition for modification of ordinance and 
 
 decision by commissioner thereon 240 
 
 Rejection of plans by superintendent of buildings 241 
 
 Removal of buildings, order for Subd. 1 238 
 
 Repair of buildings by health department Subd. 12 158 
 
 Shoring of 239 
 
 Superintendent of buildings under control of commissioner 237 
 
 Qualifications Subd. 2 238 
 
 Tenement-house commissioner, certificate of 236 
 
 Unsafe buildings Subd. 1, 238 
 
 Vacation of unsanitary buildings 158 
 
 BUREAUS. 
 
 Board of estimate and apportionment 57 
 
 Building department 237 
 
 City treasury 112 
 
 Executive 50 
 
 Finance 110 
 
 Fire 177 
 
 Health 160 
 
 Law 137 
 
 Police 145 
 
 Street control 228 
 
 Tenement house department 245, 240 
 
 C. 
 CESTUI QUE TRUST. See " Property of the City." 
 
 CHAMBERLAIN. 
 
 Bond Ill 
 
 Custodian of all moneys Ill 
 
 Duties prescribed by general laws. . .-■-,.. Ill 
 
 Fees of city and county ofiicers to be pal-^ .to 26 
 
 Head of city treasury 51 
 
 Notified by board of estimate in what banks ancl trust companies to 
 
 deposit city moneys 67 
 
 CHARITIES, DEPART]V£ENT OF. 
 
 Abandonment proceedings, general powers Subd. 21 250 
 
 Almshouses 252 
 
 Ambulance districts Subd. 17 250 
 
 Ambulance service, control over, in Brooklyn, Queens and Richmond 
 
 Subd. 17 250 
 
 Except ambulance service by health department Subd. 17 250 
 
 Ambulance stations Subd. 17 2r>0 
 
 Bastardy proceedings, general powers Subd. 20 25C 
 
 I ,, ! ' ! ' I 
 
149 
 
 CHARITIES, DKPAirniKNT OF — ("ontinuf.l. Sac. 
 
 Care of patients transferred by board of trustees of Bellevue and 
 
 allied hospitals 262 
 
 Classification of inmates of charitiible institutions Subd. 7 250 
 
 Commissioner. 
 
 Appointment Sub 1. 1 48 
 
 Duties 230, 253 
 
 Head of charities department 61 
 
 Jurisdiction 250, 251, 252 
 
 Over premises on Blackwell's island upon cessation of cor- 
 rection comniissionsr's control thereof 257 
 
 Overseer of the citv poor 250 
 
 Powers ." 250, 253 
 
 Prohibition on powers Subd. 4 250 
 
 Qualifications 22 
 
 Compulsory maintenance of p<Jor persons by their grandiwront-', 
 
 parents, children " Subd. Id 250 
 
 Constructing new buildings required by the charities department... 
 
 Subd. 14 250 
 
 Control of city hos'pitals, almshouses, etc 252 
 
 Exceptions: Certain premises on Ward's Island for a certain 
 
 term of years 252 
 
 Suc-li institutions as are hereby placed under the control of 
 
 some other department •.■••.•• -''- 
 
 Disposition of articles produced bv laborers in charitable institu- 
 tions ". Subd. 8 250 
 
 Distribution of appropriations among indigent adult blind.. Subd. 1(5 2.10 
 
 Emplo\Tiu'nt of inmates of department institutions Subd. 8 250 
 
 Hours of labor Sub.1. 3 2.iO 
 
 Punishment for refu&il to work Sub<l. 8 2.')0 
 
 Enforcement of poor law Sulxl. V 250 
 
 Establishment of bureaus in the several boroughs Sulxl. 2 250 
 
 Framing of rules for government of city institutions Subd. 3 2.i0 
 
 Indenturing, discharging or transferring children in his custody.... 
 
 Subd. 12 250 
 Infants placed as public charges in charitable institutions. . .Subd. 11 2->0 
 Such institutions must compiv with rules of the State Board of 
 
 Charities ' Subd. 1 1 2.iO 
 
 Inspection of institutions, charitable, eleemosNTiary or reformatorj' . . 253 
 
 " Institution " defined .* 254 
 
 Investigation of inmates of charitable institutions ami their rel;i- 
 
 tives Subd. G 250 
 
 Morgues not under health department and board of trustej-s of 
 
 Rellevue and Allied Hospit ils Siibd. 15 2."iO 
 
 Outdoor relief to lie dispenst^l only to the blind Sub<l. 4 250 
 
 Payment of moneys to institutions 253 
 
 Conditions of paj-monts 253 
 
 When comi>ensation to cease 253 
 
 " Poor person " defined 254 
 
 provided for Sub<l. 5 2-10 
 
 Potter's fields Subd. 15 260 
 
 on Hart's Ishiml to remain under department of correction.... 
 
 SuNl. 1.1 2.10 
 
 Prosecution of vagrants in magistrate's court Subd. 5 2.50 
 
 Public buildings, repair of . ." Subd. 14 250 
 
 Reception, exaniincition and care of alleged lunatics in Imroughs of 
 
 Brooklyn. Queens and Richmond Subd. 13 250 
 
 Removal of corjises from city hospitals 202 
 
 Of penal institutions on Blackwell's Island to Rikcr's Island or 
 
 Hart's Isl:ind 257 
 
 Of persons likely to l>econie city charges Subd. 4 254 
 
 Schools in charitable institutions. . ." Subd. P 2.iO 
 
 Training schools for nurses for charitable hospitils Subd. 10 J.iO 
 
160 
 
 CHARITIES, DEPAR^rMENT OF — Contiinied. Sbc. , 
 Temporary care in public hospitals of persons injured or taken ill in 
 
 the streets 251 
 
 Ti-eatnient of nonresidents in charitable institutions on payment for 
 
 bo;\rd and aittendance _ 251 
 
 Nonresidents not to be received to exclusion of residents 251 
 
 Treatment in diaritable institutions of residents able to pay in 
 
 AVhole or in part for care, etc 251 
 
 Vagrauts. 
 
 Investigation into circumstances of Subd. 5 250 
 
 Prosecution before magistrate Subd. 5 250 
 
 Provision for vagrants and care of indigent persons. .. .Subd. 5 250 
 
 Temporary care of Subd. 5 250 
 
 CHANGE OF GRADE. See "Assessments for Local Improvements." 
 
 CHIEFS OF BUREAUS. 
 
 Accounts Subd. 2 110 
 
 Audit Snbd. 1 110 
 
 City treasury Subd. 1 112 
 
 Claims Subd. 4 57 
 
 Combustibles Subd. 2 177 
 
 Disbursements Subd. 3 110 
 
 Fire Subd. 1 177 
 
 Fire marshals Subd. 3 177 
 
 Franchises Subd. 2 57 
 
 Gas and electricity Subd. 4 228 
 
 Highways bureau Subd. 2 228 
 
 Incumbrances bureau Subd. 5 228 
 
 Licenses 1 12 
 
 Public buildings Subd. 5 228 
 
 Public improvements Subd. 1 57 
 
 Real estate Subd. 3 57 
 
 Revenue Subd. 2 112 
 
 ReAvards Subd. 4 1 10 
 
 Salaries Subd. 5 57 
 
 Sewers bureau Subd. 3 228 
 
 Statistics and publicity Subd. 6 57 
 
 Street cleaning bureau Subd. 1 223 
 
 Supplies Subd. 7 57 
 
 CITY CLERK. 
 
 Appointment 36 
 
 Certification of budget by Subd. 1 61 
 
 CITY COURT. See "Inferior Local Courts." 
 
 CITY ENGINEER Subd. 1 57 
 
 CITY MAGISTRATES. See "Criminal Courts." 
 
 CITY^ OF NEW YORK. , 
 Confirmation of city's obligation re debts of its component parts/ 
 
 previously independent municipal corporations 4 
 
 Confirmation of grants of land under water 9 
 
 Continuation of city as a municipal corporation 1 
 
 Grants of lands under water confirmed 9 
 
 Litigate, power to Subd. 4 2 
 
 Tyocai administration, powers of, to be exercised by the council 3 
 
 J.iimitation upon '. 3 
 
151 
 
 CITY OF NI':\V YORK — Continued. Sec. 
 
 Powers. 
 
 <ji'neial Subd. 5 2 
 
 implied Subd. 5 2 
 
 Incidejital S«bd. 5 2 
 
 Title of city to water-front property, pari<« and streets inalienable. . 
 
 CITY' PENITENTIARY. See "Corrections." 
 
 CITY RECORD. 
 
 Budget provides for cost of publishing Subd. 12 62 
 
 CITY TREASURY. 
 
 Bureaus. 
 
 City treasury 112 
 
 Revenue 112 
 
 Chamberlain. 
 
 Bond Ill 
 
 CustcKiian of all moneys 1 1 1 _ 114 
 
 Duties prescribed by general laws 114 
 
 Fees of city and county officers to be paid to 26 
 
 Head of city trea'sury 51 
 
 Treasurer of the city and counties included Ill, 113 
 
 Warrants paid by 1 1 1 
 
 Code of Civil Procedure, what sections applicable to 113 
 
 Licenses 112 
 
 Chief of bureau of licenses 112 
 
 Receiver of taxes and revenues Subd. 2 112 
 
 CIVIL SERVICE LAW. 
 
 Appointments of all persons in the public service of the city to be 
 
 made in accordance with the provisions of 282 
 
 Status of persons in public ser\'ice of city, how changed 282 
 
 CLAIMS. 
 
 Examinations of, by board of estimate Subil. 1 66 
 
 Examination of witnesses Subd. 1 66 
 
 Pajnnent of Sub<i. 1 66 
 
 By special revenue bonds Subd. 6 96 
 
 What claims not to be paid Subd. 1 66 
 
 COLLEGE OF THE CITY OF NEW YORK. 
 
 Existing statutes relating to the Free Academy dciLireJ uiiiiliiable 
 
 to City College 200 
 
 Continued as a body corporate 199 
 
 COMMISSIONERS OF DEEDS. 
 
 Appointment of 42 
 
 COMMISSIONERS OF THE I^\ND OFFICE. See "Land Office." 
 
 COMMISSIONS. 
 
 Members of all, appointed by mayor ... .Sulxl. 1 48 
 
 COMPTROLLER. 
 Duties. 
 
 Awards anil co<?ts in condemnation prcx^edings, to furni»h to 
 
 board of estimate st-atement of amounts of 73 
 
 Bal.Tiu'e in city treasury to credit of a.«sessment fund, to make 
 
 statt^ment of. to board of estimate mnd apportionment 73 
 
 Certification of budget by Subd. 1 61 
 
152 
 
 COMPTROLLER — Continued. 
 
 Duties — Continued. ®^*^- 
 
 Certification of, to council of aggregate amount fixed in budget 
 
 to be raised by taxation Subd. 2 01 
 
 Submission to council of estimate of receipts and revenues of 
 
 general fund for reduction of taxation Subd. 2 01 
 
 Written approval of contracts with private water companies. . . . 
 
 Subd. 15 04 
 
 iread of finance department 51 
 
 Member of board of estimate 52 
 
 Board of revision of assessments 210 
 
 Number of votes <^2 
 
 Qualifications 22, 25 
 
 Removal of -^ 
 
 CONDEMNATION PROCEEDINGS. 
 
 Authority for 276 
 
 All reports in proceedings confirmed with amount of awards and costs 
 
 to be furnii*hed by corporation counsel to board of estimate 7.3 
 
 Practice in .' 278 
 
 Publication of cost of acquiring title to real estate by board of 
 
 estimate Subd. 4 72 
 
 Of unpaid awards in condemnation proceedings Subd. 5 72 
 
 CONTAGION. See "Health, Department of." 
 
 CONTRACTS. 
 
 City's contractual ipower Subd. 4 2 
 
 Conformity with standard of supplies required in all contracts for 
 
 supplies OS 
 
 Employees not to be interested in city contracts 18 
 
 Forfeited when city officers interested in them IS 
 
 Officers not to be interested in city contraicts 18 
 
 Not to be stockholders of any loorporations contracting with 
 
 city 18 
 
 Performance of unexecuted L'l 
 
 Terms of, not to \ye altered by coaincil 40 
 
 Unexecuted contracts, ]>erformance of 13 
 
 Uniformity in terms, conditions and specifications of. required 68 
 
 CORONER. See "Health, Department of." 
 
 Office of, abolished Subd. 1 160 
 
 CORPORATION COUNSEL. See also " Law Department." 
 
 To certify in writing city interests in real estate which are mere 
 
 clouds on title Subd. 5 04 
 
 To furnish board of estimate with 
 
 (1.) Amount of awards and costs taxed in each proceeding. ... 73 
 (2.) List of reports in condemnation proceedings 73 
 
 CORPORATE NAME 2 
 
 CORPORATE POWERS 2 
 
 CX3RP0RATE STOCK. See " Bonds." 
 
 CORRECTION, DEPARTMENT OF. 
 
 Commissioner. 
 
 Head of Department of Correction 51 
 
 .Jurisdiction 255 
 
 Blackweli's Island, in part 257 
 
 Control over buildings on Blackweli's Island, when to cease.... 257 
 
 City prisrms and correctional institutions Subd. 1 2."5 
 
153 
 
 CORRKCTIOX. DEPARTMENT OF — Continued. Sec. 
 
 Custody of prisoners lawfully committed to institutions under his 
 
 control ' Subd. 2 255 
 
 County jails of Queens and Rii«limon<l Subd. 1 i'lS 
 
 Hart's island 257 
 
 Ludlow street jail Subd. 1 255 
 
 New York County penitentiary on Blackwell's island, abolished 256 
 
 New York City penitentiarj-, on Rikers island 256 
 
 Persons arrested or detained by order of a court or judge in civil 
 
 actions 255 
 
 Riker's island 257 
 
 Rikers island prison to be known as New York County penitentiary. 256 
 Transfer of prisoners from county penitentiary' to city penitentiary.. 256 
 
 CORRECTIONAL INSTITUTIONS. See also " Correction. Dei)t. of." 
 
 Budget provides for Sulxl. 13 B2 
 
 COUNCIL. 
 
 Ayes and noes to be recorded on final passage 3.1 
 
 Budget, duties and powers re Subd. 5 tiO 
 
 Clerk, appointed by 36 
 
 Commissioners of deeds, appointed by 42 
 
 Composition of 30 
 
 Councilmen. 
 
 Election 32 
 
 Number of 30 
 
 Qualifications 32 
 
 Service without pay 38 
 
 Term 32 
 
 Vacancies 32 
 
 How filled 32 
 
 Determination of amount to be raised by ta.vation Subd. 3 61 
 
 Districts. 
 
 Boundaries 31 
 
 Number . SuM. 1 31 
 
 Reapportionment of 31 
 
 Territory 31 
 
 Journal 33 
 
 Judge of returns and qualifications of member.** 32 
 
 Legislative ax-ts to be by ordinances 36 
 
 I^egi.slative powers vested in council ... J? 
 ileetings. 
 
 Annual meeting to determine rate of taxation Suhds. 2, .1 61 
 
 First meeting 30 
 
 Special meeting to consider budget Subd. 5 60 
 
 One house, to con.si.-*t of 27 
 
 Ordinances, 
 
 Amendment of 3(» 
 
 Application to l>e general . 36 
 
 Approved by mayor 37 
 
 Conditions prece<lent to jr.i.ssape 36 
 
 Majority vote necessary 36 
 
 Power of council with respect to S4 
 
 Special ordinances, when permitted 36 
 
 Style of 36 
 
 Powers. 
 
 Re administrative oo<le S.*? 
 
 All powers of local administration, except as herein provided... 3 
 
 Limitation upon 3 
 
 Prescription of duties of ofiicers and omidinee-i appointed by it 37 
 
154 
 
 COUNCIL — Continued. Sec. , 
 
 President of council, 
 
 Eligibility 28 
 
 Mannar of election 28 
 
 Presiding officer in meetings 28 
 
 Removal of 23 
 
 Salary 28 
 
 Term 28 
 
 Vacancy, how filled 29 
 
 Voice and vote in meetings 28 
 
 When to act as mayor 46 
 
 Limitation of powers 46 
 
 When to have no vote 32 
 
 Prohibitions upon 40 
 
 Not to alter terms of contracts 40 
 
 Not to audit claims against city 40 
 
 Quorum. 
 
 Power of smaller number than quoinim ,'53 
 
 Rules of its proceedings 33 
 
 Sergeant-at-arms and assistants appointed by 35 
 
 Special committees to investigate city government. 
 
 Appointment by council 43 
 
 Powers of 43 
 
 Tax levy, duties re 41 
 
 Vice-chairman. 
 
 When to act as president 30 
 
 COURTS. See also " Inferior Local Courts." 
 Expenses relating to. 
 
 Calendars of state courts of record in city, cost of publishing 
 provided for in budget Subd. 8 62 
 
 Administration of justices provided for in budget. . . . Siibds. 6, 7 62 
 
 Law journal, designated by appellate division in first depart- 
 ment, cost of publishing provided for in budget Subd. 8 62 
 
 Law libraries of apellate division in first department, supreme 
 court in first judicial district and in the borough of Brooklyn, 
 cost of maintaining provided for in budget Subd. 9 62 
 
 COUNTY. 
 
 Charges and expenses kept separate from city accounts Subd. 6 96 
 
 Expenses chargeable to counties as distinguished from city charges 
 
 provided for in budget Subd. 4 62 
 
 Payment of lawful charges, etc., against, by special revenue 
 
 bonds Subd. 6 96 
 
 COUNTY CLERKS. 
 
 Vested with civil functions of coroners 166 
 
 COUNTY JAIL OH SHERIFF'S PRISON 255 
 
 COUNTY PENITENTIARY. See " Corrections." 
 
 CUSTODIAN OF PUBLIC BUILDINGS Subd. 5 22S 
 
 D. 
 
 DAMAGES FOR CHANGE OF GRADE. See "Assessments for Local 
 Improvement." 
 
 DANGEROUS THIN'GS. 
 
 Destruction of putrid cargoes by health department Subd. 11 15S 
 
DEAF AND DUMB. Set 
 
 Budget provides for relief of Subd. 13 &2 
 
 DEBT, CITY. 
 
 Budjjet provides for: 
 
 Annual interest on Subd. 17 62 
 
 Annual quotii for redemption of city debt, indudint,' installments 
 
 payable during ensuing budgetary year Subd. 18 62 
 
 DEFINITIONS. 
 
 Administrative code ... Subd. 9 5 
 
 Assessment ... 265 
 
 Board 52, 105 
 
 Bulkhead line Bubd. 1 207 
 
 City Subd. 1 5 
 
 Commissioner 105 
 
 Councilman Subd, 5 5 
 
 Department 105 
 
 Employee Subd. 4 5 
 
 Francliise Subd. 6 5 
 
 Institution 254 
 
 Lodging house 1 72 
 
 Marginal wharf Subd. 2 207 
 
 Nuisance Subd. 2 249 
 
 Officer Subd. 3 n 
 
 Permanent bulkhead or wharf Subd. 3 207 
 
 Person Subd. 3 5 
 
 Poor person 254 
 
 Port of New York Subd. 8 5 
 
 Real property 281 
 
 Schools 185 
 
 Street Subd. 7 5 
 
 Tenement house Subd. 1 249 
 
 Water-front property Subd. 10 6 
 
 Works of art ! 295 
 
 DEPARTMENTS 
 
 Administrative, See Branches of lO:* 
 
 Controversies between departments over jurisdiction or powers.... 
 
 Subd. 17 64 
 
 Expenditures, regulation of, so as not to exceed appropriation 20 
 
 Heads of, all appointed by mayor 48 
 
 Provision in budget for cost of equipment, repairs, renewals and 
 
 supplies required for administration and maintenance of.. Subd. 1 62 
 
 Rent of buildings or offices for, provided for Subd. 2 62 
 
 DISEASE. See " Health Department " 1.58 
 
 DOCKS AND F1:RR1KS. DEPARTMENT OF 20-2-207 
 
 Acquisition of waterfront and ferry property Subd. 10 202 
 
 Board of estimate and apportionment 203, 205, 206 
 
 Bulkhead lines, defined Subd, 1 207 
 
 Commissioner : 
 
 Hea<l of department Subd. 9 51 
 
 Jurisdiction 202 
 
 Over water-front property SuTmI. 1 20i 
 
 Regulation of Subd. 7 202 
 
 Ferries and ferrv property owned bv city Subd. 9 202 
 
 Powers ' 202-206 
 
 Construction of wharf property Subd. 5 202 
 
 Deficiency in ojxration and maintenance of ferries, payable by spe- 
 cial revenue bonds Subd. 7 96 
 
156 
 
 DOCKS AND FERRIKS, ]:) APARTMENT OF — Continued. Sec. 
 
 Definitions c V, " - "Jli? 
 
 Distances between piers MUxi. .i .ii— 
 
 Ferries and ferry proi)erty Subd. 9 202 
 
 Acquisition of Subd. 10 202 
 
 Leases -""^ 
 
 Term 204 
 
 Maintenance 204 
 
 Operation -04 
 
 Fire department, wharfs for 206 
 
 Leases of ferries and wlnarf property 204 
 
 ]Marginal wharf, defined Subd. 2 207 
 
 Permanent bulMiead or wharf defined Subd. 3 207 
 
 Pier head line Subd. 3 202 
 
 Plans for water front Subd. 7 202 
 
 Powers of commissioner, which subject to aptproval of board of esti- 
 mate acting as sinking fund commissioners 200 
 
 Regulation of, 
 
 Vessels 20G 
 
 Water front ])roperty not owned by city Subd. 6 20'fi 
 
 Soundings ." Subd. 4 202 
 
 Surveys Subd. 4 202 
 
 Vessels 
 
 regulation of 20G 
 
 Water front property 
 
 Acquisition of Subd. 10 202 
 
 Lease of 204 
 
 Term 204 
 
 Wliarfs designated by commissioner 203 
 
 For use of. 
 
 Oanal boats 203 
 
 City departments 203 
 
 Floating baths 203 
 
 General wharfage purposes 203 
 
 Markets 203 
 
 Recreation piers 203 
 
 Tramip vessels 203 
 
 Uses specified by board of estimate 203 
 
 EDUCATION, DEPARTMENT OF. 
 
 Abolition of Board of Education as at present existing ^^■^ 
 
 Abolition of position 1 95 
 
 Administrative officers Subd.l 190 
 
 How appointed and removed 190, 191 
 
 Trial on charges 191 
 
 Appointment of employees to assist supervising staff Subd. 2 190 
 
 Appointment of local school boards 197 
 
 Appointment of supervising officers Subd. 2 190 
 
 Approval of text books, apparatus and school supplies. .. .Subd. 8 192 
 
 Assistant city superintendent Subd. 2, 190, 193 
 
 Assistant directors of special branches Subd. 2 190 
 
 Assistant supervisor of lectures Subd. 2 190 
 
 Auditor Subd. 1 190 
 
 Board re-constituted by this act 
 
 Appointment, find removal by mayor 188 
 
 Appointment ' 188 
 
 Time of aip^pointment ] 88 
 
 Composition. 1 o members 188 
 
 Head of Department of Education 51 
 
 Jurisdiction 
 
 Entire city seiliool system 185 
 
157 
 
 EDLC'ATIUN, J)i:i'Ai:i .MKNT UF — Continued. Sk..j. 
 Board recunsLiiutt-d hy tiii'i act — t uiuiimfd. 
 Members. 
 
 LJasries of j«j,.j 
 
 yualilicaliuiis ol lay 
 
 iService without pay Isy 
 
 Succfbsor to powers, etc., of abolislied boar. I Ijjj 
 
 '^'^'"•' J88 
 
 \ acaacieei, how hlled Iby 
 
 ><ot to be a corporation 1 jj,-, 
 
 I'ower.s eiiuuierateii ly^ 
 
 Prohibitions upon board. 
 
 >io book written by a member, ollieer or employee of the 
 
 board to U; used in schools except on approval of board.. 1U2 
 
 Board of suiierintendents jyj 
 
 Composition j y j 
 
 Duties of 1 jt.{ 
 
 By-Laws now in icjrce continued until amendment by new board 
 
 Subd. lu l[)> 
 
 Changing grades of classes Subd. 3 H)^ 
 
 Chief clerk Subd. 1 lUO 
 
 City suixirinlentlent «ubd. 2, 190, 193 
 
 Loliege ui i'lic L ity of New York, continued as a body corporate. . . . I'J'J 
 All existing statutes relating to the Free Academy declared ap- 
 
 l)licable to Lity College 200 
 
 Competitive examination for all teachers, etc I'Jo 
 
 Consolidation of schools Subd. 2 192 
 
 Construction, repair, alteration and maintenance of school build- 
 
 j"g=i SuUI. 4 192 
 
 Director of school buildings, to be an architect of experience and 
 
 standing SuUl. 1 190 
 
 Directors of special bninches Subd. 2 190 
 
 Dicontinuance of scliuois Subd. 2 192 
 
 District superintendents SuUl. 2 190 
 
 Fducational property under control of department for purposes of 
 
 public eilucation and rec-ords. and for otiier public and social uses. 187 
 
 Eligible list, who to be on preferred lyj 
 
 Employees to assist administrative ollicers Subd. 1 J90 
 
 flow ai»i)uinted Subd. 1 190 
 
 Employees to assist supervising staff. 
 
 How appointed Subd. 2 1 90 
 
 Enactment of by-laws, etc., re transaction of all d.iparlment busi- 
 
 "t'ss Subd. 10 192 
 
 Establisliment of playgrounds. 
 
 Soliools and classes Subd. 1 192 
 
 Farms Subd. 7 192 
 
 Examiners Subd. 2, 190, 194 
 
 Holy Scriptures, not to be excluded from schools lys 
 
 l>ocal school boards. 
 
 Alteration of school board districts to conform with council 
 
 districts jyj 
 
 Appointment, term, functions, etc., prescribed in .Administrative 
 
 <^ode lyy 
 
 Maintenance of free lectures, etc Subd. 5 192 
 
 Modilication of courses of study Subd. :J 192 
 
 Playgrounds Subd. 12 64 
 
 Subd. 7 192 
 
 Preferred eligible list, wiio to be on 195 
 
 Present board al><ilis!i»>d jg^ 
 
 City to be substituted for board of education in actions pend- 
 ing by or against said board 184 
 
 Rights and powers devolved ujxjn board as herein ronstituted. . 18.1 
 
 Terms of members to cease February I, 1910 ]S4 
 
158 
 
 EDUCATION, DEPARTMENT OF — Continued. Sec. 
 
 Promotion of welfare of school system Subd. 10 192 
 
 Provision of special day or evening classes to instruct foreigners in 
 
 the English language Subd. 6 192 
 
 Recommendation to board of estimate of the renting of additional 
 
 property for schools Subd. 9 192 
 
 Regulation of disbursement of school funds Subd. 10 192 
 
 Schools (means " public schools ") 185 
 
 Free to residents between 4 and 21 years of age 180 
 
 School farms Subd. 12 64 
 
 Subd. 7 192 
 
 School moneys, distribution to sectarian schools forbidden 198 
 
 School system, to mean public school system 185 
 
 Exceptions: Children under six years eligible only to kinder- 
 garten classes 180 
 
 Regulation of, prescribed by the board 186 
 
 Secretary of department Subd. 1 190 
 
 Social uses of school property 187 
 
 Superintendent of libraries Subd. 2 190 
 
 Supervisor of lectures Subd. 2 190 
 
 Supervisors of janitors Subd. 1 190 
 
 Supervising staff Subd. 2 190 
 
 Eligibility Subd. 2 190 
 
 How appointed and removed 190, 191 
 
 Trial on charges 191 
 
 Supervisor of supplies Subd. 1 190 
 
 Teaching staff. 
 
 Appointment , 194, 195 
 
 Assistants to directors of special branches 194 
 
 Assistants to teachers 194 
 
 Directors of special brarches 194 
 
 Heads of department 194 
 
 Inspectors 194 
 
 Principals 194 
 
 Promotions, how made 195 
 
 Reassignment to grades 195 
 
 Removal 195 
 
 Teachers 194 
 
 Tenure 195 
 
 Version of Holy Scriptures used in schools not to be chosen by 
 
 board ." ". 198 
 
 Women, two members of each board to be 197 
 
 E 
 ELECTIONS. 
 
 Expenses of provided for in budget Subd. 3 62 
 
 ELECTIVE OFFICERS. 
 
 Removal , 23 
 
 Ineligibility of removed officers 24 
 
 Vacancies, manner of filling 25 
 
 ELECTRICAL CONDUCTORS. 
 
 Removal of underground Subds. 18, 19 64 
 
 Regulation of stringing of wires, etc Subd. 20 64 
 
 Erection of poles Subd. 20 64 
 
 Supervision by borough commissioners. Subd. 20 64 
 
 Board of estimate to prescribe rules re.- Subd. 20- 64 
 
 ELEEMOSYNARY INSTITUTIONS. \ 
 
 Budget provides for V^. Subd. 13 62 
 
159 
 
 ESTIMATE AND APrORTION.MENT. Sec. 
 
 Acts of board to be by a majority resolution Subd. 2 54 
 
 Alteration of salaries SU 
 
 Approval nacessary to. 
 
 Acquisition of real property for public purposes 276 
 
 New water works Subd. 7 210 
 
 Subd. 3 218 
 
 Assignment of special duties to borough president 55 
 
 Branch offices in any departments in any borough established by 103 
 
 Composition 52 
 
 Contract between board of trustees of Bellevue and Allied Hospitals 
 
 and Bellevue Training School for Nurses 2G3 
 
 Consent of, to exercise of franchise ^ 
 
 Cumulative voting 52 
 
 Documents accompanying applications for purchase of real prof)erty, 
 
 prescribed by ^ 2^7 
 
 Duties, mandatory 65, 67, 08, 71, 72 
 
 Establishment of bureaus 57 
 
 Expenditures, consideration of resolutions relating to 56 
 
 Franchises, consent to exercise of 8 
 
 Meetings of Subd. 1 54 
 
 Number of votes of each member 52 
 
 Powers, enumerated 64-66 
 
 Additional 69-70 
 
 Preparation of budget 60 
 
 Presiding officer Subd. 3 54 
 
 Purchases of realty, manner of application for prescribed by general 
 
 resolution -' ' 
 
 Quorum 52 
 
 Resolutions, how passed 52 
 
 Salaries of city officers and employees, fixed by Subd. 1 5!» 
 
 " The Board," to mean board of estimate 52 
 
 Ten votes, when required 56 
 
 Tolls and prudential regulations for bridges prescribed by 23.i 
 
 Twelve votes, when required Subd. 15. 62, 04, 83 
 
 Votes necessary to pass measures 52 
 
 When twelve votes required 85 
 
 EXECUTIVE. See " Mayor." 
 
 EXEMPTION. 
 
 Of street cleaning pniplnyops from military and jury duty 22f> 
 
 Of obligations of city from taxation 87 
 
 F. 
 
 FARMS. See " School Farms." 
 
 FEES. 
 
 Of city and county officers to be paid to chaml>erlain 26 
 
 FINANCE DEPARTMENT. 
 
 Bureaus in H '^ 
 
 Accounts 110 
 
 Audit 110 
 
 Disbursements HO 
 
 Records 1 10 
 
 Comptroller 106 
 
 Auditor and chief disbursing officer 108 
 
 Board of estimate and apportionment, menilters to ca«t one vote 
 
 each in appointing comptroller's successor 107 
 
 Bond l'»'' 
 
160 
 
 FINANCE DEPARTMENT — Continued. 
 
 Comptroller — ■ Continued. Sec. 
 
 Certify to the reasonableness of certain claims against the city. . 109 
 
 Claims requiring comptroller's certificate before payment 109 
 
 Election 106 
 
 Prescribe forms of keeping city accounts, subject to rules of the 
 
 board of estimate and apportionment 108 
 
 Prohibitions upon the comptroller 109 
 
 Salary 106 
 
 Term 100 
 
 Term of appointed successor 107 
 
 Vacancy, how filled 107 
 
 FINE ARTS FEDERATION 293 
 
 To make nominations for art commission 293 
 
 FIRE DEPARTMENT. 
 
 Appeals from determination of second deputy commissioner 181 
 
 Board of estimate and apportionment to prescribe conditions of pur- 
 chase of property of volunteer fire force 173 
 
 Bureaus Subds. 1-3 177 
 
 Bureau of combustibles Subd. 2 177 
 
 Fire bureau Subd. 1 177 
 
 Fire marshals' bureau Subd. 3 177 
 
 Charges against members of force 175 
 
 Charges against members, how finally determined 181 
 
 Chief of fire department Subd. 1 177 
 
 Combustibles Subd. 2 177 
 
 Sale of Subd. 2 177 
 
 Storage of Subd. 2 177 
 
 Commissioner 174 
 
 Powers 174 
 
 Appointment of two deputies 175 
 
 Assignment of forces Subd. 1 174 
 
 Destruction of buildings to prevent spread of fire Subd. 3 174 
 
 Examination of structures containing combustibles Subd. 5 174 
 
 Extinguishing fires on vessels, docks, etc Subd. 6 174 
 
 Grading of forces Subd. 2 174 
 
 Head of fire department 51 
 
 Prevention of spread of fires Subds. 3-6 174 
 
 Vacancy in office of, how filled 175 
 
 Deputy commissioners. 
 
 Appointment by fire commissioner 175 
 
 Second deputy to be an attorney-at-law 175 
 
 Duties: To examine, try and decide charges against mem- 
 bers of force 175 
 
 Qualifications 175 
 
 Extension of, throughout the city as soon as practicable 173 
 
 Extinguishment of fires Subd. 1 177 
 
 Final decision of charges, how made 181 
 
 Fire department defined Subd. 2 176 
 
 Fire marshals Subd! 3 177 
 
 Inspector of combustibles Subd. 2 177 
 
 Jurisdiction and general power 173 
 
 Members of department. 
 
 Application for retirement 183 
 
 Continued in office Subd. i 176 
 
 Eligibility j7g 
 
 Exempt from military or jury duty, arrest on civil process and 
 
 subpoenas from civil courts while on duty 179 
 
 Probationary service deemed service in determination of eligibil- 
 ity for advancement, pension, etc 178 
 
161 
 
 FIRE DEPARTMENT — Continued. Sec. 
 
 Members of depurtnitMit — Continued. 
 
 Qualifications 178 
 
 Resignation, condition of Subd. 1 180 
 
 Retirement ajje, sixty-five years 183 
 
 Retirement of 183 
 
 By application of member 183 
 
 By order of commissioner 183 
 
 Origin of lires, investigation of Subd. 3 177 
 
 Prevention of tires Subd. 1 177 
 
 Protection of property Subd. 1 177 
 
 Rights of force to pension not impaired by commission's changes 
 
 in grades Subd. 3 17G 
 
 Salaries, subject to deductions for cause Subd. 2 180 
 
 Telegraj>h operators, members of fire force 176 
 
 Trials of members by deputy commissioner 181 
 
 Ap[K>al from deputy's decision 181 
 
 Uniformed force continued Subd. 3 176 
 
 Volunteer fire departments, property of to be acquired 173 
 
 FOOD. See " Health Department " 158 
 
 FRANCHISES. 
 
 Consent by the board of estimate and apportionment to exercise of . . 8 
 
 Corporate stock issued for acquisition of rights in and to 
 
 Subd. 5 (3) 86 
 
 Definintion 5 
 
 How granted " 
 
 Special franchises to be included in sum deducted by board of esti- 
 mate from assessed valuation of real estate subject to taxation 
 appearing on assessment rolls Subd. 7 72 
 
 G. 
 GENERAL FUND BONDS Subd. 4 SD. 98 
 
 GENERAL FUND FOR THE REDUCTION OF TAXATION. 
 
 Estimated receipts and rcTenues of, to be deducted from aggregate 
 
 amount tixed in budget to be raised by taxation Sub<l. 3 61 
 
 What morK'ys to be paid into 63 
 
 GRANTS OF L.\NDS UNDER WATER. CONFIRMED. f) 
 
 Riparian proprietors, rights of 10 
 
 H. 
 HART'S ISLAND. See " Corrections." 
 
 HEALTH, STATE BOARD OF. 
 
 May prescribe sanitary regulations for reservoir- 2'_0 
 
 HEALTH. DEPARTMENT OF. 
 
 Acquisition of buildings fur tomporarv hospitals during epidemic. 
 ' Subd. 4 l.iO 
 
 Adulteration, enforcement of laws re '•'** 
 
 Alteration of sanitarv code Subd. 9 l.")9 
 
 Bills of health to masters of vessels Subd. 1 l.">9 
 
 Buildings, repair of, by health department Subd. 12 158 
 
 Vacation of *^^ 
 
 Bureaus 
 
 General administration 
 
 160 
 
 Postmortem examinations ^^ 
 
162 
 
 HEALTH, DEP.\ETMEXT OF — Continued. Sec. 
 
 Bureaus — Continued. 
 
 Records 160 
 
 Sanitation 160 
 
 Chief medical examiner, 
 
 General duty, charge of medical examinations and autopsies. . . . 16S 
 
 Described in 169 
 
 Power to appoint and remove medical examiners in the several 
 
 boroughs with approval of president of board of health 168 
 
 City magistrate. 
 
 When to authorize an autopsy 170 
 
 When to hold an inquest 171 
 
 Contagious diseases. 
 
 Patients suffering with, transferred to charities, etc 163 
 
 Private treatment of, without permit, prohibited 163 
 
 Coroner, office of, abolished Subd. 1 166 
 
 Declaration of peril by board and mayor 164 
 
 Delegation, to department of charities and board of trustees of 
 Bellevue and Allied Hospitals, of duty to provide care for persons 
 
 suffering with contagious diseases 163 
 
 Destruction of adulterated food 165 
 
 Destruction of diseased animals 165 
 
 Destruction of putrid cargos by health department Subd. 11 158 
 
 Disease, ascertainment of existence and cause of loS 
 
 Disease, co-operation of health authorities to prevent the spread 
 
 of , Subd. 10 158 
 
 Duties enumerated 158 
 
 Excessive expenditures to have written consent of two members of the 
 
 board and approval of the mayor 164 
 
 Exclusive control of the medical examinations of autopsies upon cor- 
 oners' cases 167 
 
 Expenditures in excess of appropriation, how met Subd. 5 96 
 
 Extraordinary powers in case of pestilence 164 
 
 Food, enforcement of laws re adulterated 158 
 
 Health, board, head of health department 51 
 
 Health officer of port, powers unaffected by this act 157 
 
 Hospitals. 
 
 Acquisition of buildings for temporary hospitals during epi- 
 demic Subd. 4 159 
 
 For treatment of contagious, etc., diseases, under control of 
 
 health department 163 
 
 Life, enforcement of laws re preservation of 158 
 
 Lodging-houses, defined 172 
 
 Inspection and regulation of re light, ventilation and sanita- 
 tion Subd. 7 159 
 
 Jurisdiction 157 
 
 Markets, public. 
 
 Regulation of, by health department Subd. 12 158 
 
 Medical examiners , 168 
 
 Duties 169 
 
 Qualifications of 168 
 
 Nuisances detrimental to health, etc., abatement by health depart- 
 ment 158 
 
 Payment of expenditures for prevention of danger from contagious 
 
 diseases Subd. 5 96 
 
 Permit necessary to other institutional care for patients with con- 
 tagious diseases 163 
 
 Pestilence. 
 
 Excessive expenditures to have WTitten consent of two members 
 
 of the board and approval of the mayor 164 
 
 Extraordinary power in case of 164 
 
 Measures taken to be approved by mayor in writing 164 
 
163 
 
 HEALTH, DKPARTMKNT OF — Continued. Sec. 
 
 Powers, enumerated I59 
 
 Powers re tenements not impaired by this act Subd. 2 243 
 
 Prevention of access to infected districts of the city Subd. ll 159 
 
 Provision of proper places for treatment of contagioua diseases 
 
 - Subds, 2, 3 159 
 
 Quarantine commissioner, powers of, unaffected by charter l.'»7 
 
 Regulations re publicity of vital statistics ." Subd. 6 159 
 
 Removal of infected vessels Subd. 8 159 
 
 Removal of persons sick with contagious diseases Subd. 2 159 
 
 Requisition of prescribed vital statistics from public institutions 
 
 Subd. 10 150 
 
 Sale of improper articles in public markets, regulated by. . . . Sulxl. 12 15H 
 
 Sanitary code, continued in force lyi 
 
 Alteration of '..'...'.'. Subd. 9 159 
 
 Special care and attention of sick persons J59 
 
 Vacation of unsanitary buildings 158 
 
 Vital statistics 15g 
 
 Communication of, to state or municipal health authorities 158 
 
 Compilation of Subd. 9 158 
 
 Water supply, sanitary supervision and protection of 158 
 
 HEALTH OFFICER OF PORT. See " Health Department." 
 
 HIGHWAYS, PUBLIC. See "Bridge Department." 
 
 HOSPITALS. See " Health. Department of." 
 
 I. 
 
 DIPROVEMEXTS. PERMAXEa T. 
 
 Corporate stock issued to pjiy cost of Subd. 1 Sfi-5 
 
 INDEBTEDNESS, CITY. 
 Statement of. 
 
 Amount standing to credit of trust account on citv books 
 
 "Subd. 7 72 
 
 As.sossed valuation of city real estate subject to taxation, state- 
 ment to be annexed 72 
 
 As.sessment bonds outstanding inclu<led in statement Subd. 1 72 
 
 Claims against city in course of settlement not payable out of 
 revenue or special rervenue bonds .*. . . .Subd. 3 72 
 
 Cost of acquiring title to real estat« in course of condemna- 
 tion Subd. 4 72 
 
 Determination of the amounts to be inserted in such .state- 
 ments Subd. 7 72 
 
 Estimated expenditure under contracts signed by heads of de- 
 partments, etc '. Subd. 6 72 
 
 PubiishtHl quarterly by board of estimate 72 
 
 Revenue bonds outstanding issued for unpaid taxes for prior 
 years Subd. 2 72 
 
 Sum to be deducto<l from as.soss<xl valuation of real estate subj«vt 
 to taxation on last preco«Iing assessment rolls Subd. 7 72 
 
 Unpaid awards in condemnation proceedings Subd. 5 72 
 
 Wluit moneys not to bo included Subd. 7 72 
 
 Taxation for payment of debts to extend equally throughout 
 
 city .' Subd. .T 4 
 
 Limitation of this provision Subd. 3 4 
 
 INFERIOR LOCAL COURTS 28«-291 
 
 Changes in places of holding court Subd. 1 1 64 
 
 Civil courts 280-287 
 
164 
 
 INFERIOR LOCAL COURTS — Continued. Sec. 
 
 City court, continued 286 
 
 " City," meaning of, in Code of Civil Procedure 28G 
 
 Justices 286 
 
 Election 286 
 
 Number 286 
 
 Salary 286 
 
 Term 286 
 
 Marshals, city continued in office 287 
 
 Municipal court. 
 
 Continuation of court, its justices and all city marshals 287 
 
 Justices. 
 
 Additional salary for Queens ana Richmond justices sitting 
 
 in Manhattan, The Bronx or Brooklyn 287 
 
 Salary 287 
 
 Successors 287 
 
 Term of 287 
 
 Term 287 
 
 Criminal courts. 
 
 City magistrates' courts. 
 
 Continuation of in each division of the city 289 
 
 City magistrates continued in office 289 
 
 Appointment of 48 
 
 Number of magistrates 290 
 
 Salary Subd. 2 291 
 
 Term Subd. 3 291 
 
 Vacancy 48 
 
 General sessions. 
 
 Changes in place of holding court Subd. 11 64 
 
 Where held, determined by board of estimate Subd. 11 64 
 
 Jurisdiction, inferior criminal. 
 
 Division 1 : Manhattan and The Bronx 288 
 
 Division 2 : Brooklyn, Queens and Richmond 288 
 
 Special sessions: 
 
 Appointment of justices 48 
 
 Court of, continued 289 
 
 Justices of, continued in office 289 
 
 Number of justices in first division 290 
 
 Number of justices in second division 290 
 
 Salary of justices Subd. 1 291 
 
 Tei-m' of justices Subd. 3 291 
 
 Vacancy in office of 48 
 
 INQUEST. See "Health, Department of." 
 
 INQUIRY. 
 
 Commissioners of 48 
 
 Appointment of 48 
 
 Powers: 
 
 To administer oaths 50 
 
 To apjwint two deputies .50 
 
 To appoint subordinates 50 
 
 To constitute with deputies and subordinates bureau of ex- 
 amination in mayor's office 50 
 
 To investigate city departments 50 
 
 To investigate manner of conducting the public business... 50 
 
 To subpoena witnesses 50 
 
 Deputy commissioners of. 
 
 Power to subpoena Avitnesses and administer oaths 50 
 
 INTITUTION, 
 
 defined 
 
 254 
 
165 
 J. 
 
 JAILS, COMMON. 
 
 Designation of l.nildinf;s for use as, by board of estimate. .SuW. 11 G4 
 
 JUSTICES. Soe "Inferior I^oal Courts." 
 
 JUVENILE DELINQUENTS. 
 
 Budget provides for ."siilxl. 13 g2 
 
 L. 
 LAND OFFICE. 
 
 Commissioners of. 
 
 Acts of, subject to judicial review.. . in 
 
 Grants to city ' ' ' g 
 
 Grants to riparian proprietors '.'.'.'. ••••••..... ^^ 
 
 LANDS UNDER WATER. 
 
 Future grants of ,q 
 
 Grants of, confirmed 9 
 
 LAW DEPART.MKXT. See al.so " Cori>oration Counsel." 
 
 Bureaus. un<lpr assistant corj)or-ation counsel. 
 
 Street openings 137 
 
 Recovery of penalties ....................[[.. 137 
 
 Collection of arrears of personal taxes 137 
 
 Branch office in borough of Brooklvn 13g 
 
 Corporation Counsel. 
 
 Coun.sel to every city officer and board 132 
 
 G€neral duties !!!.!! 32-1 ."IS 
 
 To appear in actions against city officers . .~ 136 
 
 Head of law department ' . . 51 
 
 City officers and employees not to emj loy private counsel.......... I39 
 
 First assistant corporation counsel. 
 
 Duties of J j5 
 
 When to act as corporation counsel 1 35 
 
 Litigation, city has general powers of .Subd 4 2 
 
 Powers. 
 
 To settle actions or confess judgments under $1.000.44 134 
 
 To appoint assistants 135 
 
 Prohibitions upon .....][..[...[ I3fl 
 
 LIBRARIES. 
 
 Branch libraries Subd. 10 C-' 
 
 Maintenance and expenses of provided for in budget Subd. 10 fi2 
 
 Traveling libraries Subd. 10 62 
 
 LICENSES. 
 
 Water commissioner to obtain irrevoc-able license for right of entry 
 on water lands to lay and care for pipes, etc SuM. 4 216 
 
 LIFE. 
 
 Enforcement of laws re preservation of 158 
 
 LOC.\I. BOARDS. 
 
 Acquisition of title to land for parks, streets, sewer's. ri, 273 
 
 Assessment for local improvement on property l)enofite(i 273 
 
 Board of estimate's atithorization. when unnecessary 273 
 
 Boaril of Im^al improvements *. 271 
 
 Comiwsition 271 
 
 Jurisdict ion 271 , 272 
 
 Known as the " local board " 271 
 
166 
 
 LOCAL BOAiRDS — Continued. Sec. 
 
 Bo-ard of local improvements — Continued. 
 
 Powers 273, 274, 275 
 
 \\'hen to consist of representatiA-es from more than one local 
 
 imi)rovement district 272 
 
 Borough, each a local improvement district 271 
 
 Borough president, chairman of local board 271 
 
 Bridges, construction of 273 
 
 Coniphiints to be heard bj' local board 275 
 
 Cost of improvement 273 
 
 Councilmen members of local boards 273 
 
 Crosswalks 273 
 
 Digging down lots 273 
 
 Disorderly houses 275 
 
 District of local improvement 271 
 
 Expenses of local improvements to be a lien on property benefited, 
 
 and -what proportion 274 
 
 Fencing A-acant lots 273 
 
 rilling sunken lots 273 
 
 Five thousand dollars limit of costs of improvement initiated with- 
 out authorization of board of estimate 27S 
 
 Gambling houses 275 
 
 Initiation of local improvements 273 
 
 Lamps 273 
 
 Lien on property benefited 274 
 
 Nuisances in streets 275 
 
 Poor, the condition of, hearing on before local board 275 
 
 Saloons 275 
 
 Sewers, construction of 273 
 
 Sidewalks, improvement of 273 
 
 Signs, street 273 
 
 Streets, improvement of 273 
 
 Tunnels, construction of 273 
 
 UOCAiL I^MPPvOVEMENTS, ASSESSMENTS FOR. See "Assessments for 
 Local Improvements." 
 
 Determination by board of estimate of proportion of cost assessed on 
 
 property deemed benefited, declared final 71 
 
 Proportion of cost paid by city to be determined by board of esti- 
 mate 71 
 
 Sums for, provided for in budget Subd. 22 62 
 
 LOCAL SCHOOL BOARDS. 
 
 Alteration of school board districts to conform with council dis- 
 tricts 197 
 
 Appointment, term, functions, etc., prescribed in administrative code. 197 
 Two members of each board to be women 197 
 
 I/ODGING HOUSE. See "Health, Department of." 
 
 LUDLOW STREET JAIL. See "Corrections." 
 
 M. 
 MAGISTRATES. CITY. 
 
 When to authorize an autopsy 170 
 
 When to hold an inquest 171 
 
 J^IAPS AND PLANS. 
 
 Changes to be made by board of estimate Subd. 2 64 
 
167 
 
 MARKETS, PUBLIC. 8»c. 
 
 Regulation of, by healtli (lepaitnient Subd. 12 158 
 
 Sale of improiMT articles in public niaiket.s, regulated bv liealtb de- 
 partment '. . . Subd. 12 158 
 
 MARSHAIvS, CITY. See -Inferior Local Courts." 
 
 iLAYOR. 
 
 Absenc-e of Subd. 3 54 
 
 Approval of resolutions relating to expenditures 56 
 
 \'eto thereof 50 
 
 Boards, appointment of members of Subd. 1 48 
 
 Bureau of examination in otiice of 50 
 
 Call sfK'cial meetings of council to consider budget Subd. 5 60 
 
 CertiHcation of budget by Subd. 1 61 
 
 City magistrates appointed by Subd. 2 48 
 
 Commissions, members of, appointed by 48 
 
 Department, heads of, appointed by Subd. 1 48 
 
 I>signat€ presiding oflieer of board of building appeal 241 
 
 Determine scojk? of investigations l)V bureau of examination 50 
 
 Duties of * 47, 48, 49 
 
 Election 45 
 
 Eligibility 44 
 
 Justices of special sessions, appointed by Subd. 2 48 
 
 Member of Iward of estimate 52 
 
 Presiding otlicer of Subd. 3 64 
 
 Number of votes 52 
 
 Officers appointed by 48, 49 
 
 Removal of 23 
 
 Salary 44 
 
 Term' 46 
 
 Vacancy in office of 46 
 
 Vested with executive power of city 44 
 
 Veto power of, re budget Subd. 5 60 
 
 Written approval of contracts with private water companies. . Subd 15 64 
 
 Qualifications 44 
 
 MECHANICS' AND TRADERS' EXCHANGE 241 
 
 METROPOLITAN MUSEUM OF ART 202 
 
 MUNICIPAL CIVIL SERVICE. 
 
 Abolition of positions 2S5 
 
 Constitutional provisions re stat\is of public servants, civil service 
 
 law 282 
 
 Incuml)ents of abolished positions to bo placed on reserved list 285 
 
 Persons in classified service not to be officers of political committees 
 
 or delegates to conventions Subd. 5 21 
 
 Reinstatement, wlien employees entitled to 2S5 
 
 Reserve list, what names to contain 285 
 
 Salaries paid only on certificate of civil servi<'e commission 284 
 
 Status of public servants, changes in, when made 282 
 
 Subordinate officers Subd. 1 283 
 
 Sul)|Hiena durrs tecum SuM. 3 28.1 
 
 Warrants for payment of salaries, when to be drawn or signed 284 
 
 Witnesses, power to subpoena Subd. 3 263 
 
 MUNICIPAL CIVIL SERVICE COMMISSION 49, 282-285 
 
 Appointment 49 
 
 Constitution 49 
 
 Examination of witnesses Subd. 3 283 
 
168 
 
 MTOsIOIPAL CIVIL SERVICE COMMISSION — Continued. Sec. 
 
 Examiners Subd. 1 283 
 
 Investigations re enforcement, etc., of civil service law in city 
 
 Subd. 2 283 
 
 Jurisdiction 49 
 
 Powers 49, 283 
 
 All powers conferred on a board or committe by code of civil 
 
 procedure 283 
 
 Administer oaths vested in commissioners and secretary . . Subd. 2 283 
 Secretary Subd. 1 283 
 
 MUNICIPAL COURT. See " Inferior Local Courts." 
 
 N. 
 NEW YORK BOARD OF FIRE UNDERWRITERS 241 
 
 NEW YORK PUBLIC LIBRARY 292 
 
 NORMAL COLLEGE OF THE CITY OF NEW YORK. 
 
 Continued as a separate organization and body corporate 201 
 
 NUISANCES. 
 
 Detrimental to health, etc., abatement by health department 158 
 
 Hearing on before local board 275 
 
 In tenement-house, defined Subd. 2 249 
 
 O. 
 OBLIGATIONS. See also " Bonds." 
 
 Issue of the several classes of to be authorized by board of esti- 
 mate Subd. 1 G4 
 
 Redemption of obligations payable out of sinking fund and matur- 
 ing during next calendar year made by budgetary appropria- 
 tion ". . . . Subd. 19 62 
 
 OFFICERS AND EMPLOYEES. 
 
 Contracts, not to be interested in city IS 
 
 Contributions to political funds, when prohibited 21 
 
 Department expenses not to be incurred until after appropriations 
 
 therefor 19 
 
 Elective officers. 
 
 Ineligibility of removed officers 24 
 
 Removal 23 
 
 Vacancies, manner of filling 25 
 
 Expenditures, regulation of, so as not to exceed appropriation 20 
 
 Expenses not to be incurred until after appropriation therefor 19 
 
 Fees of city and county officers, to be paid to chamberlain 26 
 
 Forfeiture of office . . ."^ 18 
 
 When permanent 17 
 
 Legislation, attempts to influence, when prohibited 21 
 
 Officers to hold no other public office Subds. 1, 2, 3 21 
 
 When position deemed vacated Subds. 1, 2, 3 21 
 
 Officers and employees not to employ private counsel 139 
 
 Penalty for violation of trust 17 
 
 Prohibitions in regard to 21 
 
 Stockholders, not to be, in corporations contracting with city 18 
 
 Trustee of city property 16 
 
 Vacation of office by nonfulfillment of residential qualifications 22 
 
 Vacation of office by officers or employees 21 
 
 ORDINANCES. 
 
 Amendment of 36 
 
 Application, general " ' 3(j 
 
160 
 
 ORDINANCES — Continued. Sec. 
 
 Approval by mayor 37 
 
 Codification of 39 
 
 Compilation ot, annually 39 
 
 Conditions precedent to passage 36 
 
 Continuation of ordinances in force December 31, 1909 38 
 
 Modification or rei)oal of ordinances re franchises by board of esti- 
 mate and apportionment 38 
 
 Passage over mayor's veto 37 
 
 Passed by majority vote 30 
 
 Power of council with respect to • • 34 
 
 Revision of 39 
 
 Style of 36 
 
 When special, permitted 30 
 
 ORPHAN ASYLUMS. 
 Budget provides for 
 
 ^uIhI. l.T 02 
 
 P. 
 PARKS, DEP.\R'nrENT OF. 
 
 American Musouni of Natural History, contract witii SuIkI. 1 214 
 
 Board of Parks. 
 
 Composition 208 
 
 Duties, mandatory 210, 211 
 
 Head of department of parks 51 
 
 Jurisdiction 209 
 
 Borough offices 213 
 
 BnH)klyn Institute of Arts and Sciences Subd. 3 214 
 
 Commissioners 208 
 
 Appointment 208 
 
 Duties 213. 214 
 
 .Jurisdiction 208, 213 
 
 Offices 2'^ 
 
 Powers 21". 
 
 Residence 208 
 
 Comprehensive plan for development of parks and streets under 
 
 control of park board, to be formulated by board of estimate 6.'> 
 
 Contracts re park purposes Subd. 9 213 
 
 Curb lines of park streets Subd. 3 213 
 
 Department buildings in parks Subd. 1 213 
 
 Drinking fountains Subd. 4 213 
 
 Emploveos in park department Subd. 7 213 
 
 Fire apparatus building in parks Subd. 6 213 
 
 Gifts, etc., of real property for park purposes 211 
 
 C.ovemiental buildings in parks Subd. 1 213 
 
 Harlem river improvement. 
 
 Park board's jurisdiction over, to cease 21- 
 
 Improvement of parks Sub.1. 2 213 
 
 Lamps Subd. 5 213 
 
 Landscape architect Subd. 3 210 
 
 Lighting Subtl. 5 213 
 
 Metropolitan Museum of .\rt, contract with Subd. 1 214 
 
 New York Botanical Garden Subd. 3 214 
 
 New York Public Librarv, Astor, I^enox and Tilden foundations 
 
 Sub<h 1 214 
 
 New York Zoological Society SuUls. 1. 3 214 
 
 Police assistance !^"bd. ft 213 
 
 Projections on park streets Subd. 3 213 
 
 Rules and regulations • 210 
 
 Seats in parks and parkways Subd. 4 213 
 
 Secretary to board Subd. 2 210 
 
 Speedway, control of -1- 
 
170 
 
 PARKS, DEPARTilENT OF — Continued. Sec. 
 
 Subordinate officers Subd. 2 210 
 
 Surface construction of park streets Subd. 3 213 
 
 Tree planting Subd. 4 213 
 
 Works of art in parks Subd. 4 213 
 
 PENAL INSTITUTIONS. See " Corrections." 
 
 PENALTIES. 
 
 Waste of water Subd. 7 216 
 
 Violation of trust 17 
 
 PENSION FUNDS. 
 
 Continued 104 
 
 PENSIONS. 
 
 Budget provides for pension fund Subd. 15 62 
 
 Detailed estimate of receipts from all sources of pension funds re- 
 quired Subd. 15 62 
 
 PERMANENT IMPROVEMENTS. 
 
 Corporate stock Issued to pay cost of Subd. 5 86 
 
 PERMIT. 
 
 Necessary to other institutional care for patients with contagious 
 
 diseases 163 
 
 Removal of wires and electrical conductors underground by board 
 
 of estimate Subd. 18 64 
 
 To open streets 231 
 
 PESTILENCE. See " Health, Department of." 
 
 PLAYGROUNDS. 
 
 Established and maintained by department of education Subd. 7 192 
 
 Sites for, chosen by board of estimate Subd. 12 64 
 
 POLICE DEPARTMENT. 
 Bureaus. 
 
 Detective bureau 145 
 
 Branch office at headquarters in Brooklyn 145 
 
 Main office at headquarters in Manhattan 145 
 
 Stolen property bureau 145 
 
 Co-operation with other departments 150 
 
 Commissioner. 
 
 Appointment 140 
 
 Charges against, where filed 140 
 
 • Eligibility 140 
 
 General powers, enumerated 146 
 
 Head of police department 51 
 
 Member of health board 51 
 
 Powers. 
 
 To appoint and remove four deputies 141 
 
 To appoint and remove a trial deputy 142 
 
 Removal of 140 
 
 Responsibility for administration of department 143 
 
 Rules necessary for discipline of force and the exercise of all 
 
 his powers 143 
 
 Term 140 
 
 Contingent fund 147 
 
 Not to exceed $10,000 at any one time 147 
 
 Original vouchers for disbursements for contingent expenses 147 
 
 Requisition for, to be approved by mayor 147 
 
171 
 
 POLICE DEPARTMENT — Continued. 
 
 Deputy police commiBsiuner.s. Set. 
 
 Duties 141 
 
 Limitation of power 141 
 
 Qualifications 141 
 
 When to act as police commissioner 141 
 
 Police force. 
 
 Absence without leave 152 
 
 Continued as existing 144 
 
 Criminal process, by whom served 149 
 
 Duties as peace officers enumerated 148 
 
 Fines 152 
 
 Forfeitures 152 
 
 Members of not liable to military or jury duty, arrest on civil 
 
 process or service of civil subpoenas 151 
 
 Notice of charges to be given 153 
 
 Penalties 152 
 
 Penalties for failure of duty due to enumerated causes 153 
 
 Penalty for conviction of criminal offense 152 
 
 Power to arrest without warrant 149 
 
 Powers as constables 1 49 
 
 Resignation from, only by commissioner's permission 152 
 
 Superintendents of police 144 
 
 Chief executive officer 144 
 
 Manner of selection 144 
 
 Suspension of members pending trial l.SS 
 
 Trial rules, to be appro^-e<i by appellate di\nsion 153 
 
 Trials, how conducted 153 
 
 Pla«e of 153 
 
 Review of 1 54 
 
 Removal of insane members by commissioner 15.5 
 
 Retirement, age of members on 155 
 
 Re\new of determinations by trial deputy commissioner 15? 
 
 Trial deputy commissioner 142, 153, 154 
 
 An attomey-at-law. 
 Other qualifications. 
 Duties. 
 
 To examine, try and decide charges again^^t members of 
 police force. 
 
 POLICE STATIONS. 
 
 Assignment of for detention of prisoners, bv board of estimate 
 
 Subd. 11 r.4 
 
 POOR PERSON. 
 
 Defined 254 
 
 PORT OF NEW YORK. See " Definitions." 
 
 PRESIDENT OF COUNCIL. 
 
 Member of board of estimate and apportionment 52 
 
 Number of votes 52 
 
 When to act as mayor Subd. 3 54 
 
 PPJSONS. See "Corrections." 
 
 PROPERTY' OF CITY. 
 
 Acqtiisition of real property needed for any city purpose, by lease 
 
 or purchase Subd. 16 64 
 
 A<5signment to uses other than those for which acquired. .. .Subd. 3 64 
 
 Bnaril of estimate to assign, to other public tises Subd. 3 64 
 
 Boundary lines, settlement of by board of estimate Stihd. 5 64 
 
 Cestui que trust, every taxpayer to be a 16 
 
172 
 
 PROPERTY OF CITY — Continued. Sec. 
 Conditions on which leases or grants may be made by board of esti- 
 mate Subd. 9 64 
 
 Disputes about boundary lines Subd. 5 64 
 
 Easements, granting of Subd. 9 64 
 
 Exchanges of real property by board of estimate Subd. 4 64 
 
 Ferries, not to be sold at auction Soibd. 7 64 
 
 Ferries, parks and water front property not to be sold at public 
 
 auction Subd. 7 64 
 
 Leases of city and county property to be negotiated by board of esti- 
 mate Subds. 8, 9 64 
 
 Except of parks, streets, ferries and water front property. 
 
 Subd. 8 64 
 
 Renewals Subd. 8 64 
 
 Rentals payable to credit of sinking fund for redemption of city 
 
 debt after deduction of necessary charges Subd. 8 64 
 
 Exceptions ' Subd. 8 64 
 
 Term 64 
 
 Leases of lands outside the city for sanitary protection of water sup- 
 ply to be negotiated bv board of estimate and apportionment. 
 
 Subd. 9 64 
 
 Trustees of 16 
 
 PROTECTORIES. 
 
 Budget provides for Subd. 13 62 
 
 PUBLIC HEALTH LAW. 
 
 Enforcement in city 158 
 
 PUBLIC SERVICE COMMISSION. 
 
 Budget provides for expense of administration Subd. 11 62 
 
 Powers and jurisdiction of, in first district unaffected by this act. 
 
 Subd. 5 234 
 
 Q. 
 
 QUARANTINE COMMISSIONER. 
 
 Powers unaifected by this act 157 
 
 R. 
 
 RAILROADS ON BRIDGES, OPERATION OF Subd. 5 234 
 
 RAPID TRANSIT ACT, TUNNELS BUILT PURSUANT TO... Subd. 3 234 
 
 REAL ESTATE OWNERS AND BUILDERS' ASSOCIATION 241 
 
 REFORMATORIES. 
 
 Budget provides for Subd. 13 62 
 
 REMOVAL. 
 
 Of elective officers 23 
 
 RENTING. 
 
 Board of estimate to rent real estate or buildings for citv and 
 
 county uses Subd. 10 64 
 
 Including armories, drill rooms, etc Subd. 10 64 
 
 RESERVOIRS. 
 
 Subject to sanitary regulations of state board of health 220 
 
 HIKER'S ISLAND. See "Corrections." 
 
 RIPARIAN PROPRIETORS. 
 
 Rights of 10 
 
173 
 
 8. 
 SALARIES. Sec. 
 Additional coinpeiisatioa Ix'vond compensation fixed in budfjvt for- 
 bidden ' Subd. 4 511 
 
 Ap[>ointive otlicer.-* or employees (other than day laborers whose jhj- 
 
 sitions are not abolished by this act), salaries continued. . .Subd. 2 50 
 
 City court judj^es, provision in budget .Subd. 7 C2 
 
 City magistrates, provision in budget Subd. 7 62 
 
 City oflicers and employees, provision in budget Subd. I 62 
 
 County judges, provision in budget Subd. 6 62 
 
 County oflicers and employees, provision in budget Subd. 4 62 
 
 Extra compensation not to be granted Subd. 3 59 
 
 Increases during budgetary year forbidden SuM. 4 59 
 
 Judges of general sessions, provision in budget Subd. 62 
 
 Justices of supreme court, provision in budget Subd. 6 62 
 
 From otlier than first and second judicial districts holding court 
 
 within city Subd. 5 62 
 
 Municipal court justices, provision in budget Subd. 7 62 
 
 Salaries fixed by board of estimate Subd. 1 59 
 
 S|)ecial sessions judges, provision in budget Subd. 7 62 
 
 Surrogates, provision in budget Subd. 6 62 
 
 Uniformity in salaries for like |)Ositions required throughout each 
 
 borough', but not throughout city Subd. 5 59 
 
 SANITARY CODE. See " Health Department.' 
 
 SEWAGE DISPOSAL WORKS. 
 
 Power to construct and operate 2.'^2 
 
 Collection of cost, how prescrilxsd 2.'{2 
 
 Cost of maintaining 232 
 
 SEWERb. 
 
 Acquisition of title to land for .273 
 
 SCHOOL FAHiMS. 
 
 Sites for, chosen by board of estimate Subd. 12 (U 
 
 SEAL. 
 
 Common seal Subd. 3 2 
 
 Departments to use common seal with department title inserted.... 14 
 
 Judicial notice to be taken of city seals 14 
 
 SIGNS. 
 
 Designating names of streets 2. ;t 
 
 SINKING FUNDS. 
 
 Accounts of several sinking funds to be kept separate . j^4 
 
 Administered as independent trusts "4 
 
 " Board." to mean Ijoard of estimate and apportionment, acting as 
 
 commissioners of the sinking fund 74 
 
 Duties ; '* 
 
 Board oi commissioners of sinking fund, as heretofore constituted. 
 
 abolished ' ^ 
 
 Board of estimate and apportionment vested with jwwers and duties 
 
 heretofore devolved upon lK>ard of connnissioners of sinking fund. 74 
 Bonds and stocks secured by sinking fund for redemption of city 
 
 debt, a preferred charge thereon SO 
 
 City debt. 
 
 * How determined ^^ 
 
 PaNTuent of principal of ' '• 
 
 Quarterly statement of debt limit publislieii by board of 
 estimate ' - 
 
174 
 
 SINKING FUNDS — Continued. Sec. 
 
 City debt — Continued. 
 
 Redemption of 76 
 
 Refunding and retirement of Subd. 5(6) 86 
 
 Commissioners of sinking fund, power to apply revenues of sinking 
 
 fund for redemption of city debt 80 
 
 Consolidated stock a lien on sinking fund for redemption of city debt. 81 
 Deficiency in revenues of any sinking fund for payment of interest 
 
 on stocK redeemable therefrom to be included in budget 82 
 
 Enumeration of funds 75 
 
 Payment of interest Subd. 2 75 
 
 Payment of principal of city debt 76 
 
 Redemption of the city debt Subd. 1 75 
 
 ' Redemption of the city debt of the city of Brooklyn Subd. 4 75 
 
 Redemption of the corporate stock of the city of New York 
 
 other than for water purposes Subd. 9 75 
 
 Redemption of fire bonds of Long Island City Subd. 8 75 
 
 1 Redemption of revenue bonds erf Long Island City Subd. 6 75 
 
 Redemption of water bonds of Long Island City Subd. 7 75 
 
 Special sinking funds hereafter created for redemption of corpo- 
 rate stock for rapid transit Subd. 12 75 
 
 Special sinking fund lieretofore created for redemption of co.i-ix)- 
 
 rate stock for ra.pid transit Subd. 11 75 
 
 Water sinking fund of the city of XeAV York Suibd. 10 75 
 
 Wat^r sinking fund of the city of Brooklyn Subd. 5 75 
 
 Redemption of city obligations, except revenue bonds, special i-evenue 
 
 bonds, and assessment bonds 83 
 
 Redemption of city debt, sinking fund for. 
 
 PrefeiTed charge thereon 80 
 
 Consolidated stock, bonded debt due and not exchanged for or 
 
 redeemed from proceeds of, may be paid out of 81 
 
 Security for payment of corporate 'bonds and stock not to be lessened 
 
 or impaired 80 
 
 Sinking Fund of The City of New York. 
 
 Purpose of 76 
 
 Sources of 77, 78 
 
 Sinking fund for the pajinent of interest 78 
 
 Payments of interest from, what unauthorized 78 
 
 When to be transferred to sinking fund for the redemption of 
 
 the city debt 78 
 
 Sinking funds in general. 
 
 Contract declared between city and its creditors 79 
 
 Exemption of places of public worship from taxation .... Subd. 2 79 
 General fund to receive revenues not otherwise specifically appro- 
 priated .'Subd. 2 79 
 
 Except proceeds of insurance policies aipplied to repair or 
 reconstruction of property damaged and covered by such 
 
 insurance Subd. 2 79 
 
 Reductions not to be made in rates affecting sources of revenue 
 
 of any sinking fund Subd. 2 79 
 
 Revenues of corporations consolidated with New York City to be 
 applied only to purposes of the several sinking funds. ." 79 
 
 SOCIETY OF ARCHITECTURAL IRON MANUFACTURERS 241 
 
 SPECIAL SESSIONS. See " Criminal Courts." 
 
 STATE BOARD OF HEALTH. 
 
 May prescribe sanitary regulations for reservoirs 220 
 
 STATE TAXES. 
 
 Quota imiposed on city and counties therein, budget provides for. . . . 
 
 Subd. 14 62 
 
STATE WATf:R SUPPLY COMMISSION. Sec. 
 
 Powers and juri.*diction of, unaffecteil l»y tliis act.. ... 221 
 
 STATISTICS. VITAL. 
 
 Coniimuiioation of, to stulc or iiiiinici|ial licaltli autlioritii-s. .SuM. 8 Li** 
 
 Compilation of Subd. 9 158 
 
 Requisition of prescribed vital statistics from jtublic institutions. 
 
 SiiW. 10 159 
 
 STOCK, CORPORATE. See " Bonds." 
 
 STREET CONTROL. DEPARTMENT OP^ 224-233 
 
 Asses.*ments on prof)erty Ix'nefited for cost of conducting sewaf^e dis- 
 posal works 232 
 
 Bridges crossinj,' uavi;r.il'lc .stn-ams SulxL 19 224 
 
 Sub<L 2 234 
 Bureaus. 
 
 Street cleaning Subd. 1 22S 
 
 Oas and electricity SuM. 4 228 
 
 ITiphways ." Sulxl. 2 228 
 
 Tncunibrancos .Sulxl. (i 22S 
 
 Public buildings . .SuUl. 5 228 
 
 Se^vers . Subd. 3 228 
 
 Chiefs of. 
 
 Ga-s and electricitv bureau . .Sulxl. 4 228 
 
 Iliglnvay bureau. *. Subd. 2 228 
 
 Incumbrances luireau . . .Sulxl. 228 
 
 Sewers bureau Subd. 3 228 
 
 Street cleaning bureau Subd. 1 22S 
 
 Cleaning streets under j)ark and dock departments, and removing 
 
 snow, ashes, etc., tiierefroni 22."> 
 
 Commissioner of. 
 
 Jurisdiction SuImI*. 1-1 !t 'J-.i4 
 
 Exceptions 225 
 
 Water front projierty under control of dock depart- 
 ment 22 J 
 
 Streets under control of park department 225 
 
 Prohibitions upon jKtwers 226 
 
 Not to jiermit opening of streets except by certain persons. . 22<» 
 
 Contract for disposition of garbage, etc 230 
 
 Custmlian of public buildings Subd. 5 22S 
 
 Department of street cleaning alK)lished 227 
 
 Employees exempt from miiit-arj- and jury duty 229 
 
 Exemption of street cleaning employ*^-* fmm military ami jury duty. 229 
 Jfembers of street cleaning department transferreti to department 
 
 of street control 227 
 
 Pavements not to be disturbed without pi'rmission frum commis- 
 sioner 231 
 
 Permits to open street.s, to be grante<l liy commissioner 231 
 
 Sewage disjx>s;\l works. 
 
 Colleition of cost, how prescribed 232 
 
 Cost of maintaining ... 232 
 
 Power to construct and operate ... 232 
 
 STREETS. 
 
 Board of estimate to formulate comprehensive plan for improvement 
 
 of streets and parks under control of park Ixiard 65 
 
 Changes in. to be made by board of estimate Subd. 2 64 
 
 Improvement of 273 
 
 Street imjirovement fund, what to consist of 95 
 
 Street improvement fund assessment bonds Subd. 2 92 
 
 Payable from street improvement fund Subd. 5 95 
 
 Proceeds of sale of, payable into str»vt improvement fund. Sulxl. 1 9"> 
 
176 
 
 STREETS — Continued. Sec. 
 
 Street and park opening assessment bonds Subd. 1 92 
 
 Issued by comptroller on authorization of board of estimate to 
 
 pay fees and expenses in awards of damages Subd. 2 94 
 
 Payable when due from fund for street and park openings or 
 
 by corporate stock Subd. 1 94 
 
 Proceeds payable into fund for street and park ojienings .... 
 
 Subd. 3 93 
 SUPPLIES. 
 
 Standard of supplies used by any department, etc., prescribed by 
 board of estimate 68 
 
 TAXES. 
 
 Assessed valuations of bank stock 126 
 
 Budget provides for quota of state taxes imposed on cities and coun- 
 ties therein Subd. 14 62 
 
 Taxes deemed uncollectible when unprovided for in prior tax 
 
 levies or by issue of corporate stock Subd. 16 62 
 
 Duties of council re levy of 41 
 
 Interest, when to run .". 129 
 
 Taxation for payment of debts to extend equally throughout citv . . 
 
 Subd. 3 4 
 
 Limitation of this provision Subd. 3 4 
 
 Tax roll. 
 
 Authentication of 127 
 
 Clear copy of corrected assessment-roll 127 
 
 Delivery to receiver of taxes and revenues 127 
 
 Warrant for collection of taxes 127 
 
 Taxable status, when fixed 128 
 
 When due 129 
 
 When a lien 129 
 
 TAX DEPARTMENT. 
 
 Board of taxation 51 
 
 Composition 115 
 
 Qualifications of members 115 
 
 Certification to council of assessed valuations 126 
 
 Deputy tax commissioners 116 
 
 Appointment of 116 
 
 Apportionment of 116 
 
 Qualifications for 116 
 
 Duties 117, 126, 127 
 
 Powers 118, 124, 125 
 
 TAXPAYERS' ACTIONS. 
 
 Appellate Division in first or second department may renew proceed- 
 ings re w^ter contracts on application of resident taxpayers 
 
 Subdt 15 64 
 
 TENEIVIENT-HOUSE ACT. 
 
 Enforcement within the city 243 
 
 Manner of serving order to abate nuisance 248 
 
 Manner of serving order to vacate 247 
 
 Violations of Subd. 2 245 
 
 TENEMENT-HOUSES. 
 
 Construction, inspection during course of Subd. 2 245 
 
 Defective houses 247 
 
 ^fi?ed ".'...'.'.. Subd.' i 249 
 
 Equipment with fire-escapes Subd. 3 243 
 
 Infected houses \ . 247 
 
 I 
 
177 
 
 TENEMENT-HOUSES — Continued. Sec. 
 
 Inspection of SuW. 2 243 
 
 Subd. 2 245 
 
 Light and ventilation of Subd. 3 243 
 
 Obstruction of tire-escapcs Subd. 3 243 
 
 Order to abate nuisances 248 
 
 Order to vacate 247 
 
 Plans Subd. 1 24.5 
 
 Regulations, re filing of Sulxl. .5 244 
 
 Fire protection Subd. 1 245 
 
 Light, sanitary ventilation and equipment Subd. 1 245 
 
 Powers of health department re tenements not im[)aired by this act. , 243 
 
 Vacation of 247 
 
 When a nuisance 248 
 
 TENEMENT-IIOITSE DEPARTMMNT. 
 
 Branches in boroughs 246 
 
 Bureaus, duties of Subds. 1-3 245 
 
 May be authorized by the board of estimate and apportionment. . 245 
 Bureaus, additionaJ. 
 
 Inspection Subd. 2 245 
 
 Plans Subd. 1 245 
 
 Records Subd. 3 245 
 
 Commissioner, head of department 51 
 
 Jurisdiction Subd. 3 243 
 
 Duties Subds. 1-5 244 
 
 Compilation of facts re conditions of tenement dwellers Subd. 4 244 
 
 Complaint book, open to public Sulxi. 2 244 
 
 Discipline of employees Subd. 1 244 
 
 Investigation of complaints Sulxl. 4 244 
 
 Nuisance, defined Subd. 2 249 
 
 Order to abate nuisance 248 
 
 Execution of 248 
 
 Manner of service 24S 
 
 Time of service 248 
 
 Order to vacate unsanitary or dangerous tenement-hoiuses 247 
 
 Extension of time for compliance 247 
 
 How served 247 
 
 Powers re tenements not impaired by this act Sulxl. 2 243 
 
 Rules and regulations as to filing plans, amendments and applica- 
 tions SuW. 5 244 
 
 Statistics re conditions of tenement dwellers Subd. 4 244 
 
 Uniforms, badges, etc., of inspectors Subd. 2 244 
 
 TOLLS. See " Bridge Department " Sulxl. 4 2.34 
 
 TUNNELS. See " Bridge Department." 
 
 Built under Rapid Transit Act Subd. 3 2.34 
 
 Construction and maintenance Subd. 10 224 
 
 Subd. 3 234 
 
 >ranagement, repair and alteration of Subd. 3 2.34 
 
 \Vhen initiated by local boards 273 
 
 TRUSTEES. See "Property of City." 
 
 U. 
 
 UNCOLLECTIBLE TAXES. See " Taxe^ " "^iiIhI. 1G r,2 
 
 UNDERTAKINGS. 
 
 Approved by board of estimate 69 
 
 Filed with "city clerk 68 
 
 Mav l)e required bv board of estimate of all officers and employees. 69 
 
178 
 
 VAGRANTS. See "Charities." 
 
 VESSELS. Sec. 
 
 Bills of health to masters Siibd. 1 159 
 
 Eemoval of infected Subd. 8 159 
 
 VOTERS. 
 
 Registration, expense of. provided for in budget. Subd. 3 62 
 
 Registrv. expense of compilation and publication of, provided for 
 in biidget Subd. 3 62 
 
 W. 
 
 WATER. 
 
 Grants of lands under, confirmed 9 
 
 Future grants of land vuider 10 
 
 WATER SUPPLY. 
 
 Approval of board of estimate and apportionment, ^vhen necessarv. 
 
 Subd. 3 218 
 
 Contracts with private water companies Subd. 15 64 
 
 Manner and form of Subd. 15 64 
 
 Proceedings re, renewable by Appellate Division on resident 
 
 taxjjayer's application .Subd. 15 64 
 
 Extinguishment of water rights of persons in lands needed for sani- 
 tary protection on water supply Subd. 13 64 
 
 ^Meters for water, where placed, determined bv board of estimate.. 
 
 Subd. 16 64 
 
 Xcw works Subd. 3 218 
 
 Penalties for waste of water Subd. 7 216 
 
 Preservation of sources of Subd. 1 218 
 
 Reservoirs, protection of Subd. 13 64 
 
 Eight of entry on water or land contiguous to department lands or 
 
 conduits Subd. 6 216 
 
 Rights to erect water works and maintain them on lands of others. 
 
 to be acquired by board of estimate Subd. 13 64 
 
 Sanitary protection of. 
 
 Soard of estimate mav lease lands or interests in lands acquired 
 
 for ' Subd. 9 64 
 
 Such grants or leases to be for purposes consistent with. .Subd. 9 64 
 Sources of, to be selected and acquired by board of estimate. Subd. 13 64 
 
 Surveys, right of entry on lands for purposes of Subd. 6 216 
 
 Municipalities, contracts with other Subd. 3 216 
 
 Use of soil under streets of state for introduction of water 
 
 Subd. 5 216 
 WATER SUPPLY. BO.Yl^D OF. 
 
 Budget provides for expense of administration Subd. 11 62 
 
 Powers, unaffected by this act 223 
 
 WATER SUPPLY, DEPARTMENT OF. 
 
 Aqueduct commissioner, office of, abolished 222 
 
 Board of estimate and apportionment's approval of construction, of 
 
 new works, etc Subd. 3 218 
 
 Subd. 7 216 
 Board of estimate and apportionment may prescribe manner of col- 
 lecting cost of conducting sewage disposal works 232 
 
 Cost of conducting sewage disposal plant, how collected 232 
 
 Commissioner, duties and powers 215 
 
 Duties. 
 
 Constructing new works • Subd. 3 218 
 
 Laying mains, etc Subd. 3 218 
 
 Preserving sources of water supply Subd. 1 218 
 
 Presenting water supply plants and property Subd. 2 218 
 
179 
 
 WATER SUPPLY, DEPART>fEXT OF — Continued. 
 
 Jurisdiction. Sbc. 
 
 Maintiiining quality and quantity of wat«r Subd. 2 215 
 
 Regulating use of water Subd. 3 215 
 
 Structures and proj^jerty for supply of water Subd. I 215 
 
 Consulting commissioner. 
 
 Constructing sewers and drains, inclusive of power to maintain 
 
 sewage disposal plant 232 
 
 Controversy re rates, settlement of Subd. 2 216 
 
 Employment of consulting engineer 233 
 
 Examining sources of water supply Subd. 1 216 
 
 Has all powers of commissioner of water supply, gas and elec- 
 tricity concerning water 223 
 
 Exceptions 223 
 
 Limitation ujK)n possible rwloictions by commissioner. . .Sulxl. 2 216 
 
 MunicipaJities, contracts with other Sub<l. 3 216 
 
 Powers enumerated Subd-s. .'>, G, 7 216 
 
 Regulating private companies' supply of water Sub<ls. 1, 2 216 
 
 Regulating rates and charges made therefor Subd. 2 216 
 
 Surveys, riglit of entry on lands for purposes of Subd. 216 
 
 Vested witli porwers, etc., of aqueduct commissioners 222 
 
 Qualifications 233 
 
 To be expert in matters re sewers and highways 2.13 
 
 Contracts : 
 
 Agreement with owners of water lands re permission to enter.. 
 
 Subd. 4 216 
 
 Appro\"al by board of estimate and apportionment SuW. 7 216 
 
 With municipal corporations or boards, for water supply . Subd. ^ 216 
 
 With private companies supplving water Subd. 1.") 64 
 
 217 
 
 Engineers appointed by street commissioner 233 
 
 Qualifications. . . * 233 
 
 New works SuM. 3 218 
 
 Penalties for waste of water Subd. 7 216 
 
 Powers of department of water supply, gas and electricity re water 
 
 supplv continued in water commissioner 223 
 
 UnafTected by this act 223 
 
 Private water companies. 
 
 Power of commissioner to contract with Subd. 15 64 
 
 217 
 
 Rates, how determined Subd. 2 216 
 
 Subject to approval of the boara of estimate SuM. 7 216 
 
 Supervision of purity and quantity Subd. 1 216 
 
 Records of aqueduct commissioners to be delivered to water com- 
 missioner 222 
 
 Reservoirs subject to sanitary regulations of state board of health. 220 
 
 Responsibility of. descril>ed 219 
 
 Sanitary supervision and protection of. by health department 158 
 
 State commissioner, powers and jurisdiction of. imaflTected by this 
 
 act 221 
 
 Supervision of purity and quantity by commissioner Subd. 1 216 
 
 Water commissioner head of department of water supply 51 
 
 To obtain irrevocable licen.so for right of entry on water lands 
 
 to lay and care for pipes, etc Subd. 4 216 
 
 Wat*r works, preservation of Subd. 2 218 
 
 wo:mex. 
 
 Appointment to local school boanls bv l)oard of e<lucation. manda- 
 tory : 197 
 
 J. B. LYON COMr.\NY. .STATK rBlNTlR.><. Ain.\NY. N. Y. 
 
YD 08519