votes, it shall be deemed finally lost. In all cases the vote shall be taken by ayes and noes, and the names of the persons voting for or against its passage on such reconsideration shall be entered in the journal of the house. In case an ordinance or resolution shall embrace more than one distinct subject, the mayor may approve the provisions relating to one or more subjects, and disapprove the others. In such case those he shall approve shall become effective, and those he shall not approve shall be reconsidered by the board of aldermen, and shall only become effective if again passed, as above provided.

Ordinances to remain in force.

$41. The ordinances which on December thirty-first, eighteen hundred and ninety-seven, were in force respectively in The City of New York, the city of Brooklyn, Long Island City, and the other municipal and public corporations and parts thereof consolidated with The City of New York, except so far as the same have since been modified, amended, or repealed by the municipal assembly of The City of New York, and all ordinances which on January first, nineteen hundred and two, are in force in The City of New York, are, so far as the same are not inconsistent with this act, hereby continued in full force and effect within the former limits of said respective cities and municipal and public corporations, or parts thereof, subject to modification, amendment or repeal by the board of aldermen of The City of New York. Such ordinances may be enforced by and in the name of "The City of New York."

Board of aldermen; powers and duties of former boards.

§ 42. Except as otherwise provided in this act, all the powers and duties which on December thirty-first, eighteen hundred and ninety-seven, were conferred or charged upon the common council or the mayor, aldermen and commonalty of the city of New York, or the board of aldermen thereof, or upon the common council of the city of Brooklyn or of Long Island City, or upon any board, body or officer of any of the municipal and public corporations or parts thereof, consolidated with The City of New York, as heretofore known and bounded, and all the powers and duties which on January first, nineteen hundred and two, are conferred or charged upon the municipal assembly of The City of New York shall be exercised and performed by the board of

aldermen of The City of New York, as hereby constituted, subject, nevertheless, to the power of approval or disapproval by the mayor of said city, as provided in this act.

Id.; police, health, park, fire and building regulations.

§ 43. The board of aldermen shall have power to make, establish, alter, modify, amend and repeal all ordinances, rules, and police, health, park, fire and building regulations, not contrary to the laws of the state, or the United States, as they may deem necessary to carry into effect the powers conferred upon The City of New York by this act, or by any other law of the state, or by grant; and such as they may deem necessary and proper for the good government, order and protection of persons and property, and for the preservation of the public health, peace and prosperity of said city and its inhabitants, except so far as power is conferred by this act upon presidents of boroughs, the police, health, park, and fire departments respectively to make rules for the government of the persons employed in and by said departments. Nothing in this section contained shall be construed to impair the powers conferred by this act upon the department of education; and except so far as the legislative power respecting the health, police, park, fire and building departments shall be conferred upon said departments respectively by the provisions of this act, and except that any modification of the existing rules, regulations and ordinances affecting any of the departments and all ordinances to be passed to govern the board of public improvements or any of the departments thereof, must originate with the department concerned, or with said board, and must be adopted or rejected by the board of aldermen without amendment.

Id.; enumeration of powers not restrictive; general power.

§ 44. No enumeration of powers in this act shall be held to limit the legislative power of the board of aldermen, which, in addition to all enumerated powers, may exercise all of the powers vested in The City of New York by this act, or otherwise, by proper ordinances, rules, regulations and bylaws not inconsistent with the provisions of this act, or with the constitution or laws of the United States or of this state; and, subject to such limitations, may from time to time ordain and pass all such ordinances, rules, regulations and by-laws,

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applicable throughout the whole of said city or applicable only to specified portions thereof, as to the said board of aldermen may seem meet for the good rule and government of the city, and to carry out the purposes and provisions of this act or of other laws relating to the said city, and may provide for the enforcement of the same by such fines, penalties, forfeitures and imprisonment as may by ordinance or by law be prescribed.

Franchises for street railways.

45. The board of aldermen is authorized to grant from time to time to any corporation thereunto duly authorized the franchise or right to construct and operate railways in, upon, over, under and along streets, avenues, waters, rivers, public places, parkways or highways of the city, but no such grant shall be made except upon the limitations and conditions of this act elsewhere provided in respect of the grant by the board of aldermen of franchises and rights in or under the streets, avenues, waters, rivers, public places, parkways and highways of the city. The board of aldermen may pass appropriate ordinances not inconsistent with law or with this act, or with the vested rights of existing companies or corporations, to enforce the provisions of this section and to carry out its purposes. Nothing in this act contained shall repeal or affect in any manner the provisions of the rapid transit acts applicable to the corporation heretofore known as the mayor, aldermen and commonalty of the city of New York, or any municipality united therewith or territory embraced therein, or to repeal or affect the existing general laws of the state in respect to street surface railroads. The consent or approval of the board of aldermen to or for the issue of corporate stock of The City of New York, as provided by section one hundred and sixty-nine shall not be necessary to authorize the comptroller to issue such stock for the purposes prescribed in chapter four of the laws of eighteen hundred and ninety-one as amended. The board of estimate and apportionment and the comptroller of The City of New York shall, anything herein contained to the contrary notwithstanding, be subject to all the duties and obligations prescribed in said chapter four of the laws of eighteen hundred and ninetyone as amended for the board of estimate and apportionment and comptroller therein mentioned. Upon the execution of any contract made pursuant to chapter four of the laws of

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eighteen hundred and ninety-one as amended, the board of rapid transit railroad commissioners may, in its discretion, make request upon the board of estimate and apportionment for the authorization of such corporate stock, either for such amounts from time to time as they shail deem the progress of the work to require, or for the full amount sufficient to pay the entire estimated expense of executing such contract. In case they shall make requisition for the entire amount, the comptroller shall endorse on the contract his certificate that funds are available for the entire contract whenever such stock shall have been authorized to be issued by said board of estimate and apportionment; and in such case such stock may be issued from time to time thereafter in such amounts as may be necessary to meet the requirements of such contract. The certificate of the comptroller, mentioned in section one hundred and forty-nine of this act, shall not be necessary to make such contract binding on The City of New York.

Power to acquire additional water-works.

§ 46. The board of aldermen is authorized, in accordance with the provisions of this act, to construct, establish and maintain, or to acquire by purchase or condemnation and maintain in all parts of the city, additional water-works to supply the city or any part thereof and its inhabitants with water, and to provide for the distribution and sale to the inhabitants of the city of such water, and fix the terms thereof, and acquire and hold property, real and personal, within and beyond the limits of the city for said purposes. The board of aldermen may pass appropriate ordinances, not inconsistent with law, with this act or with any vested rights of existing companies or corporations, to enforce the provisions of this section and to carry out its pur

poses.

Further powers; bonds for specified public improvements.

§ 47. The board of aldermen shall have power to provide by ordinance for the acquisition, construction, or establishment of markets; for the acquisition and construction of parks, parkways, boulevards and driveways; for the building of bridges over, and of tunnels under any stream or waterway within or adjoining the limits of the city; for the building of docks, wharves, or piers, and for acquiring land by purchase or condemnation for said purposes; for acquiring, or con

structing public buildings, including school-houses and sites. therefor for the use of the city; for the repaving of streets; and for any of the foregoing purposes, may create loans and authorize the issue of bonds, or other evidences of indebtedness, to pay for the same, payable at such times, and in such manner, and at such rates of interest as it may by ordinance prescribe; but no bonds or other evidences of indebtedness shall be issued under the authority of this section, unless the proposition for creating such debt, shall first be approved by a majority vote of the whole board of estimate and apportionment, entered on the minutes of record of such board.

Board of aldermen, to act within limited time on bond issues and grants of franchises.

848. After any proposition for creating a debt by the issue of bonds for any of the purposes specified in section fortyseven of this act as amended, or after any proposed franchise or right to use the streets, avenues, waters, parkways or highways of the city, has been approved by a resolution or vote of the board of estimate and apportionment, it shall be the duty of the board of aldermen upon receiving a copy of such resolution or vote to appoint a day not less than one week nor more than two weeks after receipt thereof for the consideration of the subject matter. The board of aldermen shall, on the day so fixed, proceed with the consideration thereof, and may continue and adjourn such consideration from time to time until a final vote shall be taken thereon as hereinafter provided. Within six weeks after the copy of such resolution or vote of the board of estimate and apportionment shall have been first received by the board of aldermen, a final vote shall be taken thereon by ayes and noes. If a majority of all the members of the board of aldermen shall vote against such proposition or franchise it shall be deemed to be rejected. If a majority of all the members of the board of aldermen shall not vote against such proposition or franchise within the six weeks above limited, then it shall be deemed at the expiration of said period to have been passed by the requisite vote of the board of aldermen. The action of the board of aldermen in passing any such proposition or franchise, whether by an affirmative vote, or by a failure of a majority of all the members of the board of aldermen to vote against the same, shall be subject to the approval of the mayor and to the action of the board of aldermen in case of a veto, as provided in this act.

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