and a detailed return under oath shall at any time be made in such form as the comptroller shall prescribe, stating when and from whom, and for what use such moneys were received. No city officer who is paid a salary for his services from the city treasury shall receive to or for his own use any fees, costs, allowances, perquisites of office, commissions, percentages, or moneys paid to him in his official capacity; but all fees, costs, allowances, perquisites, commissions, percentages, and moneys so paid or received by any such officer or person, shall be the property of the city and shall be paid by him into the city treasury; and every such officer or person who shall receive any fees, perquisites, commissions, percentages, or other moneys which belong to the city, and should be so paid into the treasury, shall, before he shall be entitled to receive or to be paid his salary, make under oath a detailed statement and return to the comptroller in such form as he may prescribe, showing the amount of all such moneys received by him since the last preceding statement and returns, and shall produce a receipt showing the payment of such sum into the treasury. The comptroller may require any such person or officer to make such statement and return to him, if it be not made as herein provided, and may examine any such officer or person under oath touching the amount of any fees, costs, allowances, perquisites, commissions, percentages, or moneys paid to or received by him in his official capacity. But nothing herein contained shall be construed as prohibiting the receipt of fees by any public officer on account of the collection of the inheritance tax as now provided by law, or as repealing the provisions of chapter two hundred and ninety-nine of the laws of eighteen hundred and ninety-two.

L. 1882, ch. 410, § 56.

(a) Compensation is not recoverable for performance of a public service, or of official duties, unless it is given by law, Haswell v. The Mayor, 81 N. Y. 255, aff'g 9 Daly. 1.

(b) To an action brought against a city officer to account for fees received by him, it is no defense that

Id.; defrauding.

no salary has ever been fixed or attached to his office. Mayor v. Kent, 21 Hun, 483.

(c) See People ex rel. Schultze v. Myers, 61 Hun, 500; s. c., 16 N. Y. Supp. 332, aff'd 131 N. Y. 644; Gale v. The Mayor, 8 Hun, 370.

§ 1551. Any officer of the city government, or person employed in its service, who shall wilfully violate or evade any of the provisions of law, or commit any fraud upon the city, or convert any of the public property to his own use, or knowingly permit any other person so to convert it, or by gross or culpable neglect of duty allow the same to be lost to the city, shall be deemed guilty of a misde

meanor, and, in addition to the penalties imposed by law, and on conviction, shall forfeit his office, and be excluded forever after from receiving or holding any office under the city government; and any person who shall wilfully swear falsely in any oath or affirmation required by this chapter shall be guilty of perjury.

L. 1882, ch. 410, § 57.

(a) A civil justice of a district court is not an officer of the city government within the meaning of

this section. People ex rel. Phelps v. Court of General Sessions, 13 Hun, 395.

Money not to be paid to sectarian schools; public property; how disposed of.

§ 1552. No money belonging to the city raised by taxation upon the property of the citizens thereof, shall be appropriated in aid of any religious or denominational school, neither shall any property, real or personal belonging to said city, be disposed of to any such school, except upon the sale thereof at public auction, after the same has been duly advertised, at which sale such school shall be the highest bidder, and upon payment of the sum so bid into the city treasury; neither shall any property belonging to the city be leased to any school under the control of any religious or denominational institution, except upon such terms as city property may be leased to private parties after the same has been duly advertised. L. 1882, ch. 410, § 61.

Property to be sold at auction.

§ 1553. All property sold other than land under water shall be sold at auction, after previous public notice, under the superintendence of the appropriate head of department. The proceeds of all sales made under and by virtue of this act shall, except as herein otherwise specially provided, be by the officer receiving the same immediately deposited with the chamberlain; and the account of sales, verified by the officer making the sales, shall be immediately. filed in the office of the comptroller.

L. 1882, ch. 410, § 62.

See The Mayor v. Hart, 16 Hun, 380; affi'd 95 N. Y. 443.

Patented articles; how supplied.

§ 1554. Except for repairs no patented pavement shall be laid and no patented article shall be advertised for, contracted for or purchased, except under such circumstances that there can be a fair and reasonable opportunity for competition, the conditions to secure which shall be prescribed by the board of estimate and apportionment.

L. 1882, ch. 410, § 63.

(a) See matter of Eager, 46 N. Y. 100; s. c., 12 Abb. Pr. (N. S.) 151, affi'g 58 Barb. 557; 10 Abb. Pr. (N. S.) 229; 41 How. Pr. 107; Dolan

v. The Mayor, 4 Abb. Pr. (N. S.) 397; Matter of McCormack, 10 Id. 234.

Special provision as to papers formerly filed in offices of town clerks.

$ 1555. Except as otherwise provided by this act, all papers now required by law to be filed and recorded in the town clerk's office in any of the towns by this act united and consolidated into The City of New York, shall after this act takes effect, be filed and recorded in the office of the clerk of the county in which such town is situated, and all such papers filed and recorded in any town clerk's office of such towns, and the records thereof shall, immediately after this act takes affect, be deposited in such county clerk's office by the town clerks of such towns, and shall remain of record therein.

Code of ordinances; when to be prima facie evidence.

§ 1556. A code or other volume containing the ordinances and by-laws of the city published by authority of the municipal assembly shall be prima facie evidence in all courts of justice of the authenticity of such ordinances and by-laws.

Responsible guaranty company may act as surety.

§ 1557. Wherever this act provides for the giving of an official bond with surety or sureties, such surety or sureties may consist of a responsible guaranty company, provided the same shall be satisfactory to, and be approved by, the officer or officers, or body whose duty it is to approve such bond or sureties.

Tenure of office.

§ 1558. All officers elected or appointed under this act shall, unless otherwise expressly provided and unless sooner removed, hold their respective offices until their successors are respectively elected or appointed and have qualified.

Publication to be made in City Record, unless otherwise provided.

§ 1559. All publications required by this act shall, unless otherwise provided, be published in the City Record, and one publication therein shall be sufficient, unless it is herein otherwise prescribed.

TITLE 8.

CORONERS.

Sec. 1570. Coroners to be elected in the boroughs.

1571. Id.; officers and subordinates provided for; salaries and compensation.

Coroners to be elected in the boroughs.

§ 1570. Four coroners shall hereafter be elected in the borough of Manhattan, two in the borough of The Bronx, two in the borough of Brooklyn, three in the borough of Queens and two in the borough of Richmond. They shall be elected in the same manner and at the same general elections as are the sheriffs in the several counties in which such boroughs are situated, shall hold their respective offices for the term of four years and shall be removable in the same manner as sheriffs. The coroners in the borough of Manhattan shall hereafter keep open on every day in the year, including Sundays and legal holidays, the coroner's office in such borough, with a clerk in constant attendance at all times of the day and night.

L. 1882, ch. 410, § 1766; L. 1895, § 846.

Id.; officers and subordinates provided for; salaries and compensation. § 1571. The coroners in each borough shall have an office in said borough and shall appoint a clerk who shall receive an annual salary to be fixed by the board of estimate and apportionment and the municipal assembly, and such and so many assistant clerks as shall be provided for in the annual estimate. They shall also appoint a stenographer in each borough whose duty it shall be to take accurate and full stenographic minutes and transcribe the same, of all proceedings and testimony taken before a jury in any coroner's court, held by any one of said coroners. Each of said coroners shall possess all the powers and perform all the duties vested in or imposed upon coroners by any existing laws relating to coroners in The City of New York as heretofore known and bounded, or by any law of this state. The salaries or other compensation of said coroners shall be fixed by the board of estimate and apportionment and the municipal assembly.

(a) See L. 1882, ch. 410, §§ 1766 to 1779, as amended by L. 1889, ch. 443, and L. 1895, ch. 846, for the statutory provisions relating to

coroners in the municipality heretofore known as the mayor, aldermen and commonalty of the city of New York.

CHAPTER XXIII.

PROVISIONS RELATING ΤΟ THE COUNTIES AND REPEAL PROVISIONS.

TITLE I. PROVISIONS RELATING TO THE COUNTIES.

2. REPEAL PROVISIONS.

TITLE 1.

PROVISIONS RELATING TO THE COUNTIES.

Sec. 1577. Wards in the borough of Brooklyn; how designated.

1578. Wards in boroughs of Manhattan and The Bronx; how designated.

1579. Towns and villages in Richmond county abolished.

1580. Wards in the borough of Richmond.

1581. Towns in Queens county abolished; wards in borough of Queens.

1582. Municipal assembly; power to change boundaries.

1583. Salaries of county officers in New York, Richmond and Kings counties; how met.

1584. Election of county officers required by the Constitution not affected.

1585. Public administrator of the county of New York.

1586. Devolution of powers vested in boards of supervisors.

1587. The office of county treasurer of the county of Richmond abolished.

1588. Proportion of the debt of the county of Queens assumed by The City of New York; power of board of supervisors of said county to bind that part thereof included in The City of New York restricted.

1589. Proportion of the debt of the town of Hempstead to be assumed by the city; power of town board of said town to bind that part thereof included in The City of New York, restricted. 1590. Disposition of real and personal property owned or held in trust for the town of Hempstead.

1591. Proportion of funds and moneys received by the city which should be returned to Queens county or paid to the comptroller of the State; how determined.

1592. Board of supervisors of Queens county not to levy any tax upon that part of said county within the city.

1593. Comptroller of State to determine amount of county charges of Queens county to be borne by that part of said county within the city.