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RZJECTED CITY CEARTER. office on the first Monday of January thereafter, and and noes, with the names of the persons voting for
the laws of the State regulating elections shall apply il and against the same, by the clerk thereof, in at least The following is a copy of the draft of a
to elections of charter othicers, and the common coun two newspapers, to be directed by the common counbill agreed upon by a City Convention for cil may by law extend the time for the canvass of the
cil; and no act, resolution, or ordinance which shall votes.
have passed one board, shall be acted upon by the amending the Charter of the city of New
☺ 4. The common council, during the year one other board on the same day, unless by unanimous
thousand eight hundred and forty-seven, may hold consent, except in case of invasion, insurrection, or York. It contains a few good, and a multi
such sessions and as often as each board shall by re pestilence. tude of bad provisions, and some so very bad solution appoint; but thereafter the common coun.
Ø 8. If any ordinance or resolution, passed by both cil shall annually hold only three stated sessions, of boards, shall not be returned by the mayor within as to make it as a whole altogether objection
not exceeding one month each, commencing on the ten days (Sundays excepted) after it shall have been able. The draft of the bill was submitted first Monday of January, May, and September. The presented to him, the same shall be a law in like man
mayor shall convene the common council at any time ner as if he had signed it, unless the close of the session in three separate parts for adoption or rejec
between the sessions, if, in his judgement, any exi of the common council shall prevent its return, in tion by the People. All three were rejected. gency shall have arisen to render such a proceeding which case it shall not be a law until the expiration
necessary, or at the request, in writing, of a majority of five days after the commencement of the next AMENDMENTS TO THE CHARTER OF THE
of the members elected to each board, specifying the session of the common council. CITY OF NEW-YORK.
purposes for which such meeting is called ; in which Ø 9. Annual and occasional appropriations shall be Adopted in City Convention, October 26th, 1946. case the action of the common council shall be con- | made by the common council, by law, for every branch Rejected by the People, Nov. 3d, 1846. fined to the matters in reference to which it shall have
and object of city expenditure, and no money sball ARTICLE I. been so convened, or to such other matters as may be
be drawn from the treasury except the same shall submitted by the mayor for its consideration during have been previously appropriated to the purpose for Legislative Amendment.
such session, and the respective boards may adjourn, which it was drawn; nor unless the appropriations 01. The corporation or body corporate, now ex from day to day, until such business shall be completed. shall be based upon specific and detailed statements, isting and known by the name of “ the mayor, alder Ø 5. The boards shall sit in separate chambers, and furnished in writing by the several heads of departmen, and commonalty of the city of New-York,” shall the doors shall be kept open except when the public ments. Every warrant drawn upon the city treasury remain and continue to be a body politic and corporate welfare shall require secrecy. A majority of each shall specify the appropriation under which it is drawn, in fact and in name, by the pame of the mayor, alder shall be a quorum to do business, but a smaller number and the date of the ordinance making the same. men, and commonalty of the city of New York,” and ! may adjourn from day to day, and may compel the 10. No money shall be borrowed on the credit of by that name shall have perpetual succession, and be attendance of absent members. Each board shall ap the corporation unless the common council shall by able to sue and be sued, to plead and to be impleaded, h point a president from its own body, shall choose its law direct the same in anticipation of the revenue for to answer and to be answered, to defend and to be de clerk and other officers, determine the rules of its the year in which the same shall be borrowed, and fended in all courts and places, in all manner of actions, owu proceedings, be the judge of the election, re shall provide in the same law for repaying the same suits, complaints, pleas, causes, matters, and demands turns, and qualifications of its own members, keep a li out of such revenue, but money may be raised by whatever, and of what nature and kind whatever, in journal of its proceedings, have power to direct special loan whenever the law providing for the same shall as full and ample manner and form, as any citizen; elections to fill its own vacancies, to compel the attend be passed in each board by a majority of all the memand shall be capable to take, purchase, hold, receive ance of members, to punish them for disorderly con- || bers elected, and shall be approved by the electors at and enjoy ; and to sell, demise, mortgage, assign, duct, and to expel a member by a vote of two-thirds any charter election. dispose of, and convey in fee, for lite or lives, or tur of the members elected, after five days notice and 11. The conimnon council shall have power, and years, or in any other manner, any property, real or opportunity of being heard has been given to him; it shall be their duty, annually to lay and raise by tax personal, of what nature, kind, or quality whatsoever; but such resolution of expulsion shall be of no eflect, on the real and personal property in the city, what. and may and shall have and use a common seal, and less it contain a provision for a special election | ever amount of money may be directed to be raised may alter or change the same at their pleasure; and within two weeks thereafter, to supply such vacancy;
elws of the state, as a shall have and continne to exercise and enjoy all the provided, however, that such special election shall of the portion of the state school fund apportioned to rights, immunities, powers, privileges, and franchises not be ordered unless there be at least twenty days the city; and, also, such further amount as may be heretofore and hitherto belonging to it; and shall have of the term of the expelled member unexpired. The necessary for the support of common schools; and for power to make all needful laws, by-laws, and regula two boards shall have concurrent powers and a nega- | the erection, purchase, or leasing of school houses, tions for the municipal government of said city, and tive on each others proceedings, and shall, in all cases, and the procuring sites therefor, and the fitting up for the laying, assessing, and collecting all taxes ne act as separate bodies, and shall not appoint joint com- thereof. The common council shall have power, and cessary for the payment of the expenses of the city mittees, except a committee on accounts. Each board it shall be their duty, to pass all proper and necessary government.
may originate, amend, concur in, or reject any law, laws for the imposition, assessment, and collection of Ø 2. The legislative power shall be hereafter vest ordinance, or resolution; but no law, ordinance, or the city taxes on any property, real and personal, in ed in a board of aldermen and a board of assistant alder resolution shall pass either board, except by a majority the city: for the regulation and collection of the city men, who shall form the common council of the city. of the members elected. Neither board shall adjourn revenue, and all moneys due to the city ; for the care, The board of altermen shall consist of one alderman for a longer period than three days, except by a reso regulation, improvement, and sale of the city property, from each ward, who shall be elected by the people of lution to be concurred in by the other body.
real and personal ; for the laying out, making, openthe respective wards annually. The board of assistant 6. Every act, ordinance or resolution which shall ing, widening, regulating, and keeping in repair all aldermen shall consist of members elected annually have passed the two boards, shall, before it shall take streets, roads, bridges, ferries, public places, and in the respective wards, in separate single districts, in effect, be presented, duly certified, to the mayor of grounds, wharves, docks, piers, slips, sewers, wells, the proportion, as nearly as may be, of one member the city. If he approve, he shall sign it; if not, he and alleys, and for making the assessments therefor; to each ten thonsand inhabitants ; if the fraction in shall return it with his objections to the board in for regulating and collecting wharfage, dockage, and any ward shall amount to five thousand, such ward which it originated, within ten days thereafter; or if cranage from and upon all water craft, and all goods shall be entitled to a member for the same; it the frac such board be not then in session, at its next stated landed; for the extending, keeping up, and repairing tion be less then five thousand, it shall not be entitled to meeting. Tbe board to which it shall be returned, all the necessary meaus for supplying the city with a member; but each word shall have at least one re shall enter the objections at large on their journal, water, and for collecting a revenue therefrom ; for presentative in the board of assistant aldermen. An and cause the same to be published in one or more securing the protection, health, cleanliness, ornament, apportionment of members of the board of assistant of the public newspapers of the city. The board to peace, and good order of the city; for the care anch aldermen shall be made by the common council, at which such act, ordinance, or resolution shall have regulation of the prisons, inarkets, houses of correcleast six weeks before the election to be held next after been so returned, shall, at a meeting not less than tion, alms houses, and asylums; for the support and the adoption of this charter, and at its first session !! eight days thereafter, proceed to reconsider the same. regulation of all vagrants and paupers; for the estabafter the return of every enumeration provided for Il after such reconsideration, two-thirds of all the lishment and regulation of houses of industry, or by the constitution of this state; and when made shall members elected to such board shall agree to pass the work houses for the employment of paupers, vagrants, remain unaltered until another state enumeration shall same, it shall be sent, together with the objections, to and disorderly persons; for the prevention and exhave been taken. The common council may provide the other board, by which it shall be likewise recon tinction of fires; for the regulating firemen, watchby law for the division of the city into common coun. sidered ; and if approved by two-thirds of all the men, constables, marshals, and policemen ; for licens. cil election districts, each district containing, as near meinbers elected to such board, it shall take effect as | ing and regulating all such vehicles, trades, arts, as may be, an equal number of inhabitants, which an act or law of the common council. In all such i occupations, professions, and employments as the pubsaid law, after being so passed, shall be submitted to cases the votes of both boards shall be determined lic good may require, and for revoking such licenses; the electors, and if approved by a majority of the voters, by ayes and noes, and the names of the persons voting for regulating the arriving, landing, bonding, and comthe same shall become a law. Each district shall for and against the passage of the measures reconsider- i mutation of passengers; for regulating emigrant boardthenceforth be entitled to elect one alderman and one ed, shall be entered on the journal of each board re ing houses, passenger agents, runuers, and all other assistant alderman, and such other charter officers as spectively.
persons engaged in the business of bringing, or keepmay hereafter be provided for by law. No person 9 7. All laws, resolutions, or ordinances providing | ing, or forwarding emigrants; for regulating common shall be a member of either board except while he for any specific improvement, or involving the sale, schiools and providing for their support, and all such shall be a resident of the ward or district for which disposition, or appropriation of public property, or the other laws for the management, good government, he is chosen.
expenditure of public moneys, or theincome therefrom, and general welfare of said city, as are or may not be Ø 3. The annual election for charter officers shall or laying any tax or assessment, shall, before the same prohibited by or inconsistent with the constitution of be held on the day of the general state election, when || shall be sent to the other board or to the mayor, and the United States, or the constitution of this state, or all charter officers elected by the people shall be immediately after the arljournment of the board next any law thereof; and to affix penalties to the violation chosen, and the officers elected shall be sworn into after the passage thereof, be published, with the ayes of any city law, but such penalties shall in no instance exceed imprisonment in the city prison for sixty days 1. For interest on all bonds and mortgages owned Ø 3. Whenever there shall be a vacancy in the office and a fine of two hundred and fifty dollars. by the corporation of the city of New York.
of mayor, and whenever the mayor shall be absent 12. The common council shall have no power to 2. For commutation of alien passengers.
from the city, or be prevented by sickness, or any emit bills of credit, or paper currency of any description, 3. For mayoralty fees.
other cause, from attending to the duties of his office, nor to loan the credit of the city, subscribe to the 4. For fines and penalties.
the president of the board of aldermen shall act as stock of any association or corporation whatever, or 5. For fees and fines collected by clerks of courts
mayor and shall possess all the rights and powers of increase the funded debt of the city, unless the law for the city.
the mayor, during the continuance of such vacancy, for that purpose be first approved by the people of | 6. For rents from all sources not already pledged.
absence, or disability, and shall be styled“ the acting the city at a general election.
7. For tavern and excise licenses.
mayor.” Ø 13. The board of assistant aldermen shall have
8. For sales of all property of the city except real $ 4. There shall be an executive department to be the sole power of impeachment, and pending such in. estate.
called the municipal department," the chief officer of peachment and until the final disposition thereof, the
9. Such portions of the annual taxes levied in the which shall be called the city clerk.” He shall have party impeached shall not exercise any of the func
water district in the city of New-York, as may be col charge of the archives of the city, the ordinances, tions of his office. The board of alderinen shall have
lected to supply the deficiency of interest accruing records, and papers of the common council, and of the sole power to try all impeachments, and when ou the water stock of the city of New York.
the papers and journals of the two boards which shall sitting for that purpose, they shall be on oath or affirm.
Nothing herein contained shall be construed to im be deposited by the respective clerks thereof in this ation; and no person shall be convicted without the
pair or affect any pledge heretofore made, and now department at the end of each session of the common concurrence of two-thirds of all the members elected
existing of any property of the city or its proceeds, council, and of the records and papers filed in the to said board. Judgment, in case of impeachment, for tho payment of any stock or debts.
mayor's office. He shall receive and pay over to the shall not exceed further than removal from office and
21. The common council may, from time to time, chamberlain all moueys or revenues which, by charter, disqualification to hold any office under the city provide by law that persons liable to secure the city law, ordinance, or usage are paid into the mayor's charter; but the party couvicted shall be liable to in.
of New-York against the support of alien passengers I office, or which have been heretofore received by the dictment, trial, judgment, and punishinent according
arriving at the port of said city, shall, instead of execu clerk of the common council; and shall have the to law.
ting bonds as now required by law, pay to the said charge and custody of the common seal of the corpoØ 14. No member of the common council shall,
corporation a sum of money not less than one dollar and ration, and use the same according to law and the during the period for which he was elected, be ap not to exceed five dollars, foreach passenger, in commu ordinances of the common council; and shall havo pointed to or competent to hold any office, the emolu tation for said bonding. The common council may, the charge and custody of the seal of mayoralty, and ments of which are paid from the city or county also, by law, provide that in all cases where any alien use the same under the direction of the mayor; and treasury, or by fees directed to be paid by any act or
passenger is aged, decrepid, crippled, or infirm, the shall perform such other duties as shall be prescribed ordinance of the common council, or be directly or
bond given for such passenger shall be conditioned to by the common council. There shall be a bureau in indirectly interested in any contract, work, or business, indemnify the corporation against the support of such this department to be denominated the bureau of or the sale of any article, the expense, price, or con passenger, for five years after the execution of such health, the chief officer of which shall be called the sideration of which is paid from the city or connty bond. The corporation may sue in the corporate name “city inspector." treasury, or by any assessment levied by any actor for such commutation moneys, and on said bond, when
05. There shall be an executive department known ordinance of the common council; nor shall any memever and as often as the condition is broken, and pre
as the “ police department," and the chief of police ber of the common council be directly or indirectly
scribe penalties for the non-observance or violation of shall be the head thereof. The municipal department interested in the purchase of any real estate or other the ordinances passed under the authority hereby con.
and the police department shall be subject to the property belonging to the corporation, or which shall ferred, not exceeding two hundred and fifty dollars
supervision and direction of the mayor. be sold for taxes or assessments. for each passenger, to whom such non-observance or
6. There shall be an executive department known Ø 15. Every law enacted by the common council violation may relate, and make such other provisions
as the “department of finauce," which shall have shall embrace bnt one subject, and that shall be ex || by ordinance as may be deemed necessary to carry the management of all the fiscal concerns of the corpressed in the title. into effect the anthority aforesaid.
poration, and may prescribe the forms of rendering to 0 16. No law shall be revised or amended by refer 22. All such parts of the charter of the city of it all city accounts whatsoever, and through which ence to its title ; but in such case, the act revised or
New-York, and the several acts of the legislature || all claims, demands, and accounts in which the corposection amended shall be re-enacted and published at amending or in any manner affecting the saine, as are ration is concerned, shall be settled. The chief oflicer length.
inconsistent with this act are hereby repealed, but sol of this department shall be called the "comptroller Ø 17. The common council shall, immediately after much and such parts thereof as are not inconsistent of the city of New York." There shall be a bureau the adoption of this charter, proceed to revise the with ihe provisions of this law, shall not be construed in this department, the chief oflicer whereof shall be corporation ordinances, agreeable to the provisions of as repealed, altered, modified, or in any form affected Il called the “receiver of taxes." There shall be a sections fifteen and sixteen of this article, and they thereby; but shall continue and remain in full force bureau in this department, the chief officer of which shall also revise the city laws every five years there and virtue.
shall be called the “collector of the city revenue." alter.
23. Whenever any amendment to this charter shall There shall, also, be a bureau in this department, the 0 18. The allermen shall each receive a salary of have been passed by a vote of two-thirds of the mem chief officer of which shall be the “chamberlain of four hundred dollars a year, and the assistant alder bers elected to each board, it may be submitted to the the city." men shall each receive a salary of two hundred and electors of the city, and if approved of by a majority Ø 7. It shall be the duty of the city comptroller to filty dollars a year.
of them at any general or charter election, it shall be report to the common council, at the commencement 19. All money now or hereafter to be received | come a part of the city charter.
of each stated session thereof, a full and detailed statefrom the following sources, shall continue to consti
ment of all the expenses and payments of the city tute and forin a fund, to be termed “the siuking fund
government since his last report, and the amount of of the city of New-York for the redemption of the
money expended and the amount unexpended on each city debt," until the whole of the stocks of the city of 6 1. The executive power of the corporation shall appropriaiion made by the common council, and to New-York shall be fully and finally redeemed, viz: be vested in the mayor, the heads of departments, and publish the same in two of the public newspapers 1. For commutation of quit rents on grants.
such other executive officers as shall be, from time to ordered by the common council; and he shall, also, 2. For quit rents arising from such grants as were
time, created by law, and neither the common council, at the expiration of the fiscal year, publish a full and issued prior to 1804.
norany committee,or memberthereof, shall perform any || detailed statement of the receipts and expenditures of 3. The nett procecds of all sales of real estate be
executive business whatever, except such as is or shall || the city government, during the year ending on the longing to the city, when sold.
be especially imposed on them by the laws of the first day of January in each year, and in every such 4. The nett proceeds of all bonds and mortgages
state, and except that the board of aldermen may ap | annual statement, the different sources of city revenue, payable to the city, when collected.
prove or reject the nominations of the mayor as herein | and the amount received from each; the several ap5. For pawnbrokers' licenses and dealers in the provided.
propriatious made by the common council, the objects purchase or sale of second-hand furniture, metals, or
.2. The mayor shall be annually elected by the for which the same were made, and the amount of clothes. people at the annual charter election.
moneys expended under each; the moneys borrowed 6. For hackney coach licenses and street vaults.
It shall be his duty:
on the credit of the corporation, the authority under 7. For exclusive occupation of private wharves,
First-To communicate to the common council at which each loan was made, and the terms on which basins, and piers.
the commencement of each stated session, and oftener, the same was obtained, and a detailed statement of 8. For market fees and market rents.
if he shall deem it expedient, a general statement of the indebtedness of the city, and how much, if any, 9. The proceeds of all bonds and mortgages which the situation and condition of the city, in relation to remains unpaid, shall be clearly and particularly specimay have or shall become the property of the city.
its government, finances and improvements, with such fied, with a detailed statement of the property owned 10. Such portion of the amual taxes levied in the
recommendations in relation to the same as he shall by the city.
8. There shall be elected annually immediately after city of New-York, as may be collected for the redemp
Second-To be vigilant and active in causing the the organization of each board of the common council, tion of the "Avating debt stock and the fire indennity
laws and ordinances of the government of the city to by ballot, in each board, a joint committee of accounts, stock of the city of New-York."
be duly executed and enforced, and to exercise a con- || to consist of three members from each board, whose 0 20. All money hereafter to be received from the stant supervision and control over the conduct and duty it shall be to meet at least once a month and exfollowing sources, shall continue to be applied to and acts of all subordinate officers, and receive and ex- || amine all the accounts of the finance department for constitute a fund, to be called the sinking fund of ainine into all such complaints as may be preferred the previous month, together with the accompany. the city of New York,” for the payment of the interest against any of them for violation or neglect of duty, ing vouchers, and report thereon in writing to both accruing and to accrue upon the stocks of the city of and generally to perform all such duties as may be boards of the common council, at their next stated New-York, until the whole shall be fully and finally | prescribed to him by the charter and city ordinances, session. redeemed, viz : and the laws of this state, and the United States.
0 9. There shall be an executive department known as the “street department," which shall bave cogni draw the leases, deeds, &c., connected with the finance supplied by the electors of the ward at the next eleezance of opening, widening, altering, regulating, grad department; and the chief officer thereof shall be tion. ing, and paving streets, digging and building wells, called the “counsel to the corporation." The heads $ 19. All valuations of real estate by the assessors building public sewers, and the construction of public of the various other departments shall report to the of a waru, or by the board of assessors, shall be final roads, when done by assessments, the filling up of "counsel to the corporation, as often as it may be and conclusive as to the amount thereof. And all sunken lots, and of collecting the assessments connect necessary and at least once a month, and to the com assessments and awards shall be open to public inspeced with such expenditures, the chief officer whereof mon council at the commencement of each stated tion, at least twenty days, by public notice thereof, shall be called the “street commissioner." There session, all cases occurring within their departments before being certified to the proper department. And shall be a bureau in this department, the chief officer requiring legal advice or action. There shall be a the assessments made by the assessors for the city taxes, whereof shall be called the "collector of assessments." bureau in this department, the chief officer of which shall be made between the first day of January and There shall be a bureau in this department, the chief shall by called the “ corporation attorney.” There the first day of May in each year. officer of which shall be the “city surveyor,” and in shall be a bureau in this department, the chief officer ♡ 20. No property, right, privilege, or franchise bewhich there shall be an assistant city surveyor. It of which shall be called the “public administrator." longing to the city, shall be sold otherwise than at shall be the duty of said officers to make, for the use ý 14. All fees, costs, perquisites, or emoluments for public auction, on public notice ; and every right, of the city, all maps and surveys necessary for assess any services performed by any of the city officers in privilege, or franchise granted or let by the corporaments of every description, and to file away and pre any business in which the city shall be concerned, tion, shall be subject to the supervision, regulation, serve for the use of the city all maps and other prop shall be monthly paid over by such officer into the and control of the common council. The ferries of erty belonging to said department; and the city sur city treasury, upon oath, and no officer shall be enti the city of New-York, or the right of ferriage, shall veyor and assistant surveyor, together with the street tled to receive his salary till he shall file his affidavit not be let and disposed of otherwise than at public commisssoner, or assistant street commissioner, shall with the comptroller that he has faithfully accounted auction, on public notice; and no ferry shall be let for be the commissioners for making all esttmates, and for and paid over all moneys for which he is bound ! a longer term than seven years. assessments for opening, widening, grading, and alter to account.
ý 21. Such of the docks, piers, and slips, or parts ing all avenues and streets, and shall perform such Ø 15. It shall be lawful for the common council of || thereof belonging to the city, as it shall be determined other duties as shall devolve upon them by virtue of said city to establish such other departments and bu by the common council shall be let, shall be divided said office or be required by the common council. - reaus as they may deem the public interest to require, into and let by districts at public auction, and the adThere shall be a bureau in ihis department, the chief and to assign to them and those now created such | vertisement of the letting thereof shall clearly define officer of which shall be called the ** superintendent of duties as they may direct. But no expense shall be the property to be leased. cleaning streets and sewers."
incurred by any of the departments or officers thereof, $ 22. All contracts to be made or let by authority Ø 10. There shall be an executive departmentknown whether the object of expenditure shall have been l of the common conncil, for work to be done, or supas the "department of repairs and supplies," which | ordered by the common council or not, unless an ap- || plies to be furnished, and all sales of property in the shall have cognizance of building wharves and piers, 1 propriation shall have been previously made covering | custody of the several departments, shall be made by and of all repairs and supplies of and for wharves and such expense ; and no head of a department, head of the appropriate heads of departments, under such piers, public pavements, repairs to public buildings, bureau, deputy thereof, or clerk iherein, shall be | regnlations as shall be established by ordinances of and to fire engines and apparatus of the fire depart- directly or indirectly interested in any contract, work, the common council. ment, and the chief officer thereof shall be called the or business, or sale of any article, the expense, price, © 23. In all contracts for making sewers, wharves, “commissioner of repairs and supplies." There shall | or consideration of which is paid from the city or piers, bulkheads, and all other public works for the be six bureaus or brauches in this department, and county treasury, or by any assessment levied by any city, the parties contracting, shall give a bond to the the chief officers thereof shall be respectively de act or ordinance of the common council, nor in the corporation, with two sufficient sureties, to be approynominated the “superintendent of wharves and wiers," purchase of any real estate or other property belong ed by the comptroller, for the faithful performance of “superintendent of repairs to public buildings," "su ing to the city, or which shall be sold for taxes or the contract, and shall allow twenty-five per cent. of perintendent of pavements,” and “chief engineer of assessments.
the contract price of the work actually done to remain the fire department.” There shall be an additional Ø 16. The heads of departments shall be elected as security till the whole work be coinpleted according bureau in this department, the chief officer thereof every two years by the people. In case of vacancy to the contract; and subject to these conditions shali shall be called the "superintendent of lamps and gas," of any of said heads of departments, by removal be entitled to receive monthly not exceeding in the which shall have cognizance of procuring the neces from office or otherwise, the mayor shall appoint a aggregate seventy-five per cent. of the price of the sary supplies for and of lighting the public streets, person to fill the same until the vacancy shall be filled work actually done according to the contract. and, also, places lighted at the expense of the corpora by the electors, at the next charter election. The 0 24. In all cases where the public work or business is tion; and there shall be an additional bureau in this de number of officers and clerks in the several depart done by contract, provision shall be made in such conpartment, and the chief officer thereof shall be called ments may be prescribed by the common council. tract that satisfactory evidence shall be given, in writing, the “superintendent of markets," which shall have The heads of departments shall appoint the clerks in to the comptroller, that all persons who have done the control and regulation of the public markets and their immediate office. The heads of bureaus shall work or furnished materials for such contract have the transferring of butchers' stalls in the same.
be nominated by the Mayor to and be approved by been fully paid therefor according to their agreements Ø 11. There shall be an executive department known the board of aldermen, and the heads of bureaus shall with the coutractors, before the last instalment due as the “ Croton aqueduct department,” which shall appoint all clerks in their respective bureaus. All on such contract is finally paid ; or that ample and have charge of the Croton aqueduct, its reservoirs, and officers not herein provided for shall be elected or sufficient security, to be approved by the comptroller. the other constructions connected therewith. It shall appointed in such manner as the common council shall be given by the contractor to the comptroller have cognizance of all repairs to the same, and of the shall by law prescribe, but in no case shall such ap that all snch demands for work or materials shall be laying of the water pipes in the streets of the city, pointment be made by the common council or any
paid within one month after the settlement on such and of the collection of the revenue arising from the member thereof. Any officer of the city government,
contract. sale and use of the water; the chief officer thereof except the mayor and members of the common coun Ø 25. It shall be the duty of the common council shall be called the commissioner of the Croton aque cil, may be removed from office by concurrent reso
to provide by law for ascertaining whether any, and duct." There shall be a bureau in this department, lutions of both branches of the common council; if any, how much, is due to any person upon any the chief officer of which shall be called the water provided, that no removal shall take place until the such contract, (provided the demand for the same is register." There shall be a bureau in this department, party sought to be removed has had an opportunity
exhibited within one month after the completion of the chief officer of which shall be called the "water to be heard in his defence, and unless three fourths such contract,) and when such amount shall be ascer. purveyor.” But nothing coutained herein shall be of the whole number of both branches vote therefor;
tained, it shall be paid by the comptroller; provided construed to prevent the water commissioners from and provided, also, that the cause for such removal the whole amount thereof shall not exceed the annount completing the aqueduct according to law.
shall be entered at large upon the journals of both of such last instalment, and the amount so paid shall Ø 12. There shall be an executive department branches of the common council.
be retained out of said last instalment, or if such last known as the “alms house department," which shall Ø 17. The several executive departments and the instalment shall have been paid to the contractor, have cognizance of all matters relating to the alms officers and clerks thereof, shall be subject to the the bond given upon such payment shall be prosecuted house and prisons of the said city; the chief officer | legislative regulation and direction of the common for the recovery thereof, in the name of the corporathereof shall be called the "commissioner of the alınscouncil, and the duties thereof shall be performed in tion. In case such last instalment or the amonnt rehouse department." There shall be bureaus in this | accordance with the charter, and laws, and ordinances covered on such bond is not sufficient to pay the whole department, the chief officers of which shall be called of the city. The mayor and each board of the com amount due upon any such contract by the contractor, the "superintendent of the alıns house," " superin mon council may at any time require the opinion, in then the same shall be divided among the persons to tendent of the penitentiary," " superintendent of the writing, of the head of any department, upon any whom such contractor is indebted to pro. rata. city prison,” and “superintendent of the nursery,". subject relating to his department, or any information Ø 26. Whenever private property shall be taken for and council and attorney to the alms house depart possessed by him in relation thereto. And every public purposes, or by chartered companies, or other. ment," and the common council should provide by head of department shall report in writing to the wise, and the value at which the same shall be estiordinance for the appointment of such plıysicians as | common council, at the commencement of each stated mated by the cominissioners of estimate und assessthey shall deem necessary.
session, the state of his department, with suchsugges. ment shall not be satisfactory to the owner thereof, he Ø 13. There shall be an executive department tions in relation to the improvement thereof, and to the may demand that said value be found by a jury, and known as the “law department," which shall have public business connected therewith, as they may
the same shall theu be submitted to a jury in one of the charge of and conduct all the law business of the deemn advisable.
the courts in the city, in such manner as the common corporation, and of the departments thereof, and all Ø 18. Whenever a vacancy shall occur in the office council shall by law direct, and the value so found by other law business in which the city shall be interest. of assessor, by death, removal from the ward, resigna the jury, after the same shall be confirmed by the ed, when go ordered by the corporation ; and shall tion, or otherwise, the board of assessors shall till the court, shall be the value which the said owner shall have the charge of and conduct the legal proceedings same by the appointment of a citizen of the ward in be bound to accept. necessary in opening, widening, or altering streets, and which the vacancy shall occur, till the vacancy shall be || Ø 27. All officers of the city government, executive, administrative, or judicial, and all judges and clerks is involved; and, also, jurisdiction of all actions for rendered, to the same extent as though such judgment in the several courts of the city, shall receive a stated false imprisonment, libel, slander, and assault and had been rendered in the court of common pleas of salary or a per diem allowance for their services, which battery ; provided, however, that such marine court said county. The collection of such judgment may shall be fixed by the common council, and shall not, and assistant justices shall not in any of the above be enforced in the same manner as if rendered in the after the first day of July, 1847, receive to their own enumerated cases render a judgment for damages to court of common pleas. use any fees or compensation for the same. And all a greater extent then one hundred dollars; and pro § 7. The common council shall, on or before the fees or charges paid to them according to law for the vided the assistant justices shall have no jurisdiction first day of July, 1847, establish by law the salaries performance of any duties appertaining to their offices, for mariners' wages, or for a marine tort.
of all judges, justices, clerks of courts and other officers shall be paid by them monthly into the city treasury. Ø 3. Each of the clerks of the assistant justices' whose salaries are by law to be paid out of the city But this section shall not apply to the fees of clerks courts and the clerk of the marine court shall demand or county treasury; and from and after the said first of courts for searching for judgments before and in and receive from the party for whom the services are day of July, 1847, no such judge, justice, clerk, or cluding the year 1850, and nothing contained in this rendered
other officer shall be entitled to take or receive for charter shall be construed 10 deprive any alderman or First-In all cases where the damages claimed
his own use, directly, or indirectly, any costs or fees assistant alderman of any compensation to which he shall amount to twenty-five dollars, or under, the fol for any service, of any description, which he may pershall be entitled by virtue of his office. And every lowing fees, to wit,
form as such judge, justice, clerk, or other officer, or person elected or appointed to any office under the For every summons, twenty-five cents, to be paid | by virtue of his holding the oflice of judge, justice, city government, shall take and subscribe an oath or upon the issuing thereof.
clerk, or any other office; but this section shall not apply ffirmation before the mayor or any indge or justice * For every trial fee, seventy-five cents, to be paid to the fees of clerks of courts for searching for judg. in the said city, faithfully to perform the duties of said before the trial shall proceed.
ments before and including the year 1830. office, which oath or affirmation shall be filed in the For every execution, twenty-five cents, to be paid 5 8. The several special justices for preserving the office of the clerk of the city and county. upon the issuing thereof.
peace, and the justices of the marine court, and their Ø 28. All officers, elerks, or other persons, to whom "Second-In all cases where the damages claimed clerks now in office, shall continue in office until the the receipts of the funds of the city shall be intrusted, shall amount to twenty-five, and not over fifty dollars, expiration of their present term of office, and until shall, at least once in each month, or at such shorter the following fees to wit:
their successors in office shall be elected and qualified ; period as the common council may direct, pay over For every summons, thirty-seven cents, to be paid
and from and after the first day of January, one thouall such moneys to the treasurer of the city, under oath upon the issuing thereof.
sand eight hundred and forty-eight, there shall be or affirmation. All officers, or other persons, to whom For every trial fee, oue dollar, to be paid before the || such number of police justices and justices of the the receipt or expenditure of the funds of the city, trial shall proceed.
marine court as the common council shall by law pre. or fees or funds payable into the city treasury shall be For every execution, thirty-seven cents, to be paid scribe, who shall possess all the powers of the special intrusted, shall give sufficient security for the faithful upon the issuing thereof.
justices for preserving the peace in and for the city performance of their duty, in such form and amount Third-In all cases where the damages claimed and county of New-York; and such number of clerks as the common conncil may by ordinance prescribe, shall amount to over fifty dollars, the following fees,
of police as the common council shall by law prescribe, which shall be annually renewed, but the security to wit:
who shall, in like manner, have all the powers and first taken shall remain in force until renewed.
For every summons, fifty cents, to be paid upon duties of the police clerks in the said city. 29. When the affidavit of the mayor shall be filed the issuing thereof.
♡ 9. The said police justices, and the justices of in the office of the county clerk, setting forth that he For every trial fee, one dollar and fifty cents, to be the marine court and their clerks, shall be elected by verily believes that any person giving such security as paid before the trial shall proceed.
the people in such manner as the common council mentioned in the last preceding section, is a defaulter, For every execution, fifty cents, to be paid upon shall by law prescribe, and shall hold their offices for it shall be the duty of the comptroller forthwith to the issuing thereof.
four years; but if any vacancy shall occur in either of institute a suit for the recovery thereof, and such bond And in addition to the above, the said clerks shall the said offices before the expiration of the term or security, from the time of filing such affidavit, shall also demand and receive, in all cases, the following
thereof, the same shall be filled by the mayor, by and become a lien upon the real estate of the principal and fees, to wit: '
with the consent of the board of aldermen, and the sureties therein for the amount which may be recov When a jury shall be demanded, the party requi person so appointed shall hold the office until his sucered in such suit; when the amount of such defalca ring the same shall pay a fee of one dollar before the cessor, elected at the next succeeding election, shall tion shall have been paid or settled by the principal order for such jury is entered.
be qualified. or his sureties, or when it shall be finally determined For each adjournment, twenty-five cents, to be paid Ø 10. On and after the first of January, 1848, there that no such defalcation has taken place, it shall be previous to the entry thereof.
shall be held in each of the police offices of the said the duty of the comptroller to file a certificate to that For each transcript of a judgement, twenty-five city, every day at 9 o'clock in the forenoon. (Sundays effect with the county clerk, and from and after the cents, to be paid upon the giving thereof.
excepteul) a court of special sessions, which shall be filing of such certificate, such lien shall cease.
For each subpæna, twelve conts, to be paid upon
invested with all the powers and jurisdiction within 30. Any officer of the city government, or person the issuing thereof.
such district, which are now conferred and shall be or persons employed in any department thereof, who For each bond filed, twenty-five cents, to be paid
subject to all the duties now imposed by law upon the shall wilfully violate any of the provisions of this char upon the filing thereof.
existing court of special sessions in and for the city ler, or cominit any fraud, or convert any of the public For each written affidavit, twenty-five cents, to be and county of New-York. Such court shall be held property to his own use, or knowingly permit any paid upon executing the same ; and in all actions for
by a police magistrate, together with two of the other person so to convert it, shall be deemed guilty false imprisonment, libel, slander, and assault and
aldermen of said city, which aldermen shall receive of a misdemeanor, and, in addition to the penaltiesim battery, the said clerks shall demand and receive, in
in addition to the salary herein provided, one dollar posed by law, shall forfeit his oflice, and be excluded addition to the above, one dollar for trial fee, to be
for each day's attendance. One of the police clerks forever after from receiving or holding any office under paid upon joining issue ; and shall once in each month,
shall be the clerk of such court, and shall perform all the city charter, and any person who shall wilfully or at such shorter periods as the common council shall || the duties now imposed by law upon the existing court swear falsely in any oath or affirmation required by direct, pay over all such fees to the chamberlain of l of special sessions of said city, and it shall be lawful this act, shall be guilty of perjury. the city, and at the same time furnish a statement in
for the common council to make such laws and reguwriting, under oath, together with a receipt from the
lations in reference to the duties of such police clerks ARTICLE III. chamberlain to the comptroller of the said city, and
and the return and collection of all tines imposed by Judicial Amendment. the said statement shall contain the title of each suit
such special sessions as they shall deem proper. The ♡ 1. The assistant justices' courts of the city of commenced and the amount of fees received thereon.
court of special sessions now existing shall be abolishiNew-York, now constituted by law, shall continue to
ed from and after the first day of January, 1848. All costs which are now allowable by law, in any suit in the marine court and in the assistant justices'
Ø 11. Whenever the duties of any office named in exist, and the assistant justices and clerks thereof,
courts of the city of New-York, in all civil cases, exwho may be in office at the time of the passage of
this charter can be dispensed with, without injury to cept the fees mentioned in this section, and except
the public interests, the common council shall have this act, shall continue in office until the expiration of their present term of oflice, and until their successors ing also the fees allowed to constables, witnesses, and
power to abolish the same. shall be elected and qualified. The said assistant jurors, are hereby abolished, from and after the first
ý 12. All the provisions of the foregoing amend. justices and their clerks shall thereafter be elected day of July, 1847.
ments, denominated: Article I.-Legislative Amendby the people of the city in such manner as the com
ment; Article II.-Executive Amendment; Article
V 4. The common conucil may provide for the apmon council shall by law prescribe, and they shall pointment of one or more additional clerks in any one
III.-Judicial Amendment; except the second section hold their offices for four years; but if any vacancy of the assistant justices' courts, marine court, or police
of said Article I., shall go into effect on the first day shall occur in either of the said offices before the ex courts, and for the election of additional assistant
of July, A.D. 1847 : which said second section, together piration of the term thereof, the same shall be filled justices.
with this section, shall go into effect immediately by the mayor, by and with the consent of the board
after the passage of this act; and the common council 0 5. No justice of the marine court, or assistant
then in office shall pass all necessary laws to ensure of aldermen, and the person so appointed shall hold || justice, or clerks of said courts, shall be permitted to
the election of members of the board of assistant alderthe office until his successor, elected at the next suc engage in the practice of the law, or be interested in
men in the respective wards in single election districts. ceeding election, shall be qualified. any partnership for the transaction of law business ;
Provided, however, that the charter officers in office 0 2. The jurisdiction of the marine court and assistand the violation of this provision shall incur a forfeit
on the first day of July, A.D. 1847, shall remain in ant justices' courts of the city of New York in civil ure of such office.
office until the first Monday of January, A. D. 1848, causes, shall, in addition to the jurisdiction now exer $ 6. Whenever a transcript of any judgment render at noon, and no longer; and the first charter election cised by them, extend to actions brought for the re- led by the marine court or by any one of the assist held under this act shall take place on the day of the covery of the sum of one hundred dollars and under; || ant justices' courts of the city of New York, shall be general state election in the year 1847 ; and the officers such marine court and assistant justices shall also have || filed in the office of the clerk of the said county, the then chosen shall enter upon the discharge of their jurisdiction of all actions of trespass, other than tres- same shall become a lien upon all the real property and duties on the said first Monday of January, A. D. 1848, pass upon real property where the title to such property li chattels real of the party against whom the same was ll at noon.
Done in convention, at the City Hall, in the city of New-York, the twenty-sixth day of October, in the year one thousand eight hundred and forty six, and of the independence of the United States of America, the seventy-first.
In witness whereof, we have hereunto subscribed our names.
ABRAHAM V. WILLIAMS, President,
And Delegate from the Twelfth Ward.
JOHN A. STEWART, S
B. J. Meserole,
Daniel D. Briggs,
Stephen Hasbrouck, Eml. B. Hart,
Edward S. Innes, Shivers Parker,
Henry E. Davies, James McGay,
Erastus C. Benedict, Robert H, Maclay,
Edmund J. Porter, Chas. H. Dougherty, Theodore Martine, James B. Greenman, Frederick R. Lee, David A. Fowler,
Robert B. Boyd, Richard T. Compton,
The delegates elected by you to form a new or revise and amend the present charter of the city of New-York, have discharged the duty imposed upon them, and herewith submit to you for your adoption or rejection the result of their deliberations.
The duty your delegates were called upon to per. form was of no inconsiderable importance, and one encompassed with many and varying difficulties.
In determining the extent to which their work should be carried, they were deeply impressed with the importance of retaining the presentchartered rights of the city, and came to the conclusion that they ought not to endanger those rights and the privileges now possessed by the city, by again submitting them to legislative ordeal !!!!!
The convention, therefore, determined to retain our present chartered rights, privileges, and franchises, and to revise and amend the present charter in such particulars as they deemed the public sentiment demanded a change.
The convention now submit to the people of the city thre separate articles for their consideration, and which, in compliance with the requirements of the law calling the convention, have to be submitted to the electors separately, and so be voted upon by them. It will, however, be obvious, that a rejection of any one of the amendments will greatly mar the harmony and usefulness of the others, and if either does not meet your approval, it would, doubtless, be better that all should be rejectod.
We feel an abiding confidence, however, that a careful examination of the amendments now submitted, and a comparison of them with the existing provisions of the city charter, will secure for our labors your cordial approbation and support.
The convention propose
That the corporate name and franchises of the city be retained as they now exist, except as modified by the amendments they have adopted.
That the executive power of the city shall be vested in the mayor and the heads of the various departments. That the powers and duties of the mayor shall be the same as now existing. That there shall be eight departments for the transaction of the business of the city, with appropriate and necossary bureaus.
The Municipal Department, to have the general charge of the archives of the city, documents and papers of the common council, all laws passed by the same, and to have charge of the seal of the city and mayoralty, and to affix the same according to law.
The Police Department to have the charge of the police of the city, under the general supervision of the mayor.
The Department of Finance, to which appertains all the fiscal concerns of the city. The head of this department is the comptroller, who, in addition to his general supervision of the finances of the city, is to make full and detailed reports of the city expenditures.
The Street Department, having charge of the streets, sewers, &c., and all matters appertaining thereto.
The Department of Repairs and Supplies, to which treasury, will ensure a fund adequate, in our judgment, is committed all matters of repair to public property, nearly sufficient for the support of these courts, and and the management and control thereof.
thus relieve the city from the hitherto great expense The Croton Aqueduct Department, having charge of maintaining them. of the Croton Aqueduct, and matters relating thereto Our city treasury will also be relieved of a great and connected therewith.
expense, and prompt and efficient punishment follow The Alms House Department, having charge of the the commission of crime, by the daily sitting of the Alms House and the city prisons.
police courtr, who will perform all the duties now doThe Law Department, to which is committed all the volving on the court of special sessions, which now legal business of the city, or in which it may be in meets only twice in each week, and cannot dispose terested.
of the criminals then ready for trial. They have The heads of these various departments are to be consequently to be detained, at a large expense to elected by the people for two years, and the heads of the city, the guilty with the innocent; a system alike the bureaus in the several departments aro to be ap- || injurious to the interests of the city and the cause of pointed by the mayor, on nomination to and approval morals and good government. by the board of aldermen.
We have also inserted a provision for the future The heads of the various departments and the || amendment of the city charier, rendering it feasible heads of bureaus are to appoint the clerks in their for the future to engraft upon it, at a small expense respective offices, and all other officers are to be ap and little trouble, such improvements as time and the pointed in such manner as the common council shall exigencies of the city may suggest. direct, except that no such appointment shall be mado We have thus, fellow-citizens, briefly called your by the common council or any member thereof. attention to the most important of the changes which
The legislstive power of the city is to be vested in we have suggested for your consideration. The cona board of aldermen and assistant aldermen, to be vention are well aware that their work falls far short elected annually. Each ward is to elect an alderman, of perfection, and of what their constituents may and such number of assistant aldermen as it may be possibly have expected at their hands. entitled to under the ratio established.
The delegates have applied themselves to the trust The common council are hereafter to hold three committed to them with all the assiduity in their stated sessions in each year, and to pas all such laws | power, and with a profound conviction of the imfor the management, good government, and general portance and great responsibility of the duties imposed welfare of the city, as they may deem expedient, not on them. inconsistent with or prohibited by the constitution of If the result of their labors shall meet the approving the United States, or the constitution or any law of voice of their constituents, the convention indulges this state. The usual powers of legislative bodies are the confident hope, that, for the future, our municipal conferred upon both boards, who, together, form the | affairs will be so administered as to advance with common council of the city, and are, in all cases, to rapid strides the glory and renown of our commercial act separate and distinct from each other, and have a \ metropolis, and secure to every citizen thereof the negative on each other's proceedings.
end and aim of all true governments-equal proWe have imposed many restrictions on the powers tection in the enjoyment of thei: inalienable rights, of the common council, to which we invite yonr par “life, liberty and the pursuit of happiness." ticular attention, and the operation of which will, we | By order of the convention. think, indace a rigid economy in public expenditure,
ABRAHAM V. WILLIAMS, President, a more careful protection of the rights and property of
And Delegate from the Twelfth Ward. individual citizens, and the just preservation of per
D. T. VALENTINE, Secretaries.
Very many of the provisions of the draft of the frequent elections. It is conceded on all hands, that proposed bill for amending the New-York City Charthe change of the time of our charter election from ter, are repugnant to the provisions of the Constituthe time of the general election to the spring of the
tion recently framed by the State Convention and year, has entirely failed in the only object of that change-the separation of our city affairs from the in since confirmed by the votes of the people of this state. fluence of general politics.
The act which provided for a City Convention was We believe that better and more competent persons will be selected to fill our city offices, if they are
not applied for to the Legislature by petition of the chosen at the time of our general election, at which
citizens of the City of New-York, but was by bill inthere will always be a full vote, and the attention of troduced into the Legislature by Mr. Stevenson, a the public is then more generally attracted to the quali member from the City. This bill was subsequently fications of their agents. The provisions for paying off the city debt and
amended, but still retained an objectionable provipreserving inviolate the faith of the city, cannot fail, sion, which was in providing that a special election we believe, to secure your cordial approbation. We should be held for the purpose of electing members believe that our efforts to secure the prompt and faithful accountability of all the public officers, the taking
for the City Convention ; and a special election was from them all fees and perquisites of office, and secu.
held within twenty-two days after the bill was passring to all a fixed salary, adequate to the services ren ed into a law; and consequently, but very few per dered, are salutary reforms, and will be alike beneficial
sons attended the polls. The members should have to the public and the individual officer. We have inserted, in the amendments now laid
been voted for at the general election, and the citibefore you, provisions in relation to work done by zens should have had full notice. The Convention contract for the city, the effect of which, we think,
completed their labors, as appears by the date of will be eminently useful. It has long been a just cause of complaint that none but men of wealih or
their draft of the bill here given, on the 26th of Octoinfluence could obtain a contract from the city, and ber; and the people had but seven days from that that in too many instances the day laborer, through date to the election, to examine the draft of the bill, chicanery and fraud, was deprived of the fruits of his toil. Believing that it is especially the duty of the
and vote upon it. government to legislate for the protection of the weak A bill to amend the Charter of the City of Newagainst the machinations and fraud of the strong, we York, should embrace all the provisions of law rehave directed our attention to the remedies proper to correct these evils, and we confidently hope our
quired for the administration of the City Govern. efforts in this respect will not have been in vain. ment; and all laws in the premises theretofore enacted
The propositions in reference to the justices of the should be repealed by chapter and verse—in fact, it city, both police and civil, are the result of careful should be a whole and a new charter: and whatever deliberation, and if adopted, cannot, in our judgment, fail to be valuable improvements.
powers it contained, should be plainly stated; and The increase of the jurisdiction of the civil courts
the exercise of any powers not granted, should be was called for by public sentiment, and the arrange
plainly and clearly prohibited : then there would be no ment of fees, and their prompt payment into the city ll danger of misconstruction. We may reviewit hereafter.
Jonn A. STEWART, Secretaries.