this act, and such general and contingent expenses as may, from time to time, in the judgment of said Board of Estimate, become necessary or proper, with the enumeration thereof. The said estimate shall then be submitted to a Board of Revision composed of the Board of Supervisors of the county of New York. If the said Board of Revision, on or before the second Monday of October, shall object, in writing, to such estimate, or any portion thereof, and so notify the said Board of Estimate, it shall be the duty of the latter to immediately and carefully revise the same and consider the said objections. If such Board of Estimate shall adhere to their orig inal action of estimate, or if they shall modify the same without increasing the said estimate, then their final determination shall be binding upon the city of New York.

§ 11. The Board of Estimate created by the tenth section shall, immediately after the organization of the said "Metropolitan Fire Department," meet and make an estimate of the probable expenses of the Department in all branches of expenditure which will be required for the year one thousand eight hundred and sixty-five, before money can be realized under the tax levy for that year. They shall specify, as far as may be, to the several objects and purposes of expenditure. This estimate shall be immediately submitted to the Board of Revision, above provided in section ten, for consideration. Said Board of Revision shall, within ten days, act upon said estimate, and return the same to said Board of Estimate, with their objec tions, amendments, or approval, and said Board of Estimate shall take final action thereon, in the manner provided in section ten. Whereupon, the amount so estimated shall be levied and collected by the Board of Supervisors of the county of New York, in the same manner as is herein provided in relation to annual estimates for the expenses of said "Metropolitan Fire Department."

§ 12. The Comptroller of the city of New York shall have power, and it shall be his duty, to borrow on the credit of said city the amounts of said estimate for the year one thousand eight hundred and sixty-five, in anticipation of the receipt of said sums from the levy, and pay the same to the Chamberlain of said city, to be drawn and used by the Metropolitan Fire Commissioners, on their requisitions, from time to time, in such sums as they shall deem necessary; and for the purposes specified in this section the said Comptroller shall have the power to issue bonds in the name of the Mayor, Aldermen, and Commonalty of the city of New York, which bonds shall be signed by the said Mayor and Comptroller, and authenticated by the seal of the Corporation of the city of New York.

13. The said Commissioners shall provide such offices and business accommodation as may be requisite for the transaction of its business and that of its subordinates in said city of New York.

§14. The said Commissioners shall have power to select a secretary, chief, and assistant engineers, and as many officers, clerks, firemen, and

appointees as may be necessary, and the same shall at all times be under the control of the said Commissioners, and perform such duties as may be assigned to them by the said Commissioners, and may be removed by said Commissioners. The salaries and compensation of said Commissioners shall be as follows: each Commissioner shall receive three thousand five hundred dollars per annum. The firemen and employees mentioned in this section shall be selected, as far as practicable, from the active and exempt members of the present Fire Department of the city of New York.

§ 15. The aforesaid officers and men, with their apparatus of all kinds, when on duty, shall have the right of way at any fire, and in any highway, street, or avenue, over any and all vehicles of any kind, except those carrying the United States mail. And any person in or upon, or owning any vehicle, who shall refuse the right of way, or in any way obstruct any fire apparatus, or any of said officers while in performance of duty, shall be guilty of a misdemeanor, and be liable to punishment for the same.

§ 16. The Board of Supervisors of the county of New York are hereby empowered and directed annually to order, and cause to be raised and collected upon estates, real and personal, subject to taxation according to law, within said county of New York, the sums of money annually finally estimated as aforesaid, by said Board of Estimate, for the annual expenses authorized by this act; and the said amount so collected shall be deposited with the Treasurer of the State, as a fund to the credit of the Metropolitan Fire Department, and may be drawn by check or warrant by the Treasurer of said Metropolitan Fire Department, in such sums as may be necessary to be used by him for the purpose defined by this act, and as ordered by said Department.

§ 17. On and after the organization of the Department, all real estate, fire apparatus, hose, implements, tools, bells, and bell-towers, fire telegraph, and all property of whatever nature then or theretofore in use by the firemen or Fire Department of the city of New York, belonging to said city, shall be transferred by all persons having charge of the same to the keeping and custody of the "Metropolitan Fire Department" hereby created, and for the use thereafter of said Department. But the said property shall remain the property of the Mayor, Aldermen, and Commonalty of the city of New York, subject to the public uses of said Department, as aforesaid, and for the purposes provided by this act. And whenever any of the said property shall no longer be needed by the said Department for the purposes of this act, they shall surrender the same to the said the Mayor, Aldermen, and Commonalty of the city of New York.

18. The Commissioners shall file with the Comptroller of the city of New York a list of all real estate, also a list of all apparatus, not required by them for the purpose of this act, and the said property shall then be disposed of as said Commissioners may direct, and the proceeds thereof shall be paid into the treasury of said city.

this act, and such general and contingent expenses as may, from time to time, in the judgment of said Board of Estimate, become necessary or proper, with the enumeration thereof. The said estimate shall then be submitted to a Board of Revision composed of the Board of Supervisors of the county of New York. If the said Board of Revision, on or before the second Monday of October, shall object, in writing, to such estimate, or any portion thereof, and so notify the said Board of Estimate, it shall be the duty of the latter to immediately and carefully revise the same and consider the said objections. If such Board of Estimate shall adhere to their original action of estimate, or if they shall modify the same without increasing the said estimate, then their final determination shall be binding upon the city of New York.

§ 11. The Board of Estimate created by the tenth section shall, immediately after the organization of the said Metropolitan Fire Department," meet and make an estimate of the probable expenses of the Department in all branches of expenditure which will be required for the year one thousand eight hundred and sixty-five, before money can be realized under the tax levy for that year. They shall specify, as far as may be, to the several objects and purposes of expenditure. This estimate shall be immediately submitted to the Board of Revision, above provided in section ten, for consideration. Said Board of Revision shall, within ten days, act upon said estimate, and return the same to said Board of Estimate, with their objections, amendments, or approval, and said Board of Estimate shall take final action thereon, in the manner provided in section ten. Whereupon, the amount so estimated shall be levied and collected by the Board of Supervisors of the county of New York, in the same manner as is herein provided in relation to annual estimates for the expenses of said "Metropolitan Fire Department."

§ 12. The Comptroller of the city of New York shall have power, and it shall be his duty, to borrow on the credit of said city the amounts of said estimate for the year one thousand eight hundred and sixty-five, in anticipation of the receipt of said sums from the levy, and pay the same to the Chamberlain of said city, to be drawn and used by the Metropolitan Fire Commissioners, on their requisitions, from time to time, in such sums as they shall deem necessary; and for the purposes specified in this section the said Comptroller shall have the power to issue bonds in the name of the Mayor, Aldermen, and Commonalty of the city of New York, which bonds shall be signed by the said Mayor and Comptroller, and authenticated by the seal of the Corporation of the city of New York.

§ 13. The said Commissioners shall provide such offices and business accommodation as may be requisite for the transaction of its business and that of its subordinates in said city of New York.

14. The said Commissioners shall have power to select a secretary, chief, and assistant engineers, and as many officers, clerks, firemen, and

appointees as may be necessary, and the same shall at all times be under the control of the said Commissioners, and perform such duties as may be assigned to them by the said Commissioners, and may be removed by said Commissioners. The salaries and compensation of said Commissioners shall be as follows: each Commissioner shall receive three thousand five

hundred dollars per annum. The firemen and employees mentioned in this section shall be selected, as far as practicable, from the active and exempt members of the present Fire Department of the city of New York.

§ 15. The aforesaid officers and men, with their apparatus of all kinds, when on duty, shall have the right of way at any fire, and in any highway, street, or avenue, over any and all vehicles of any kind, except those carrying the United States mail. And any person in or upon, or owning any vehicle, who shall refuse the right of way, or in any way obstruct any fire apparatus, or any of said officers while in performance of duty, shall be guilty of a misdemeanor, and be liable to punishment for the same.

§ 16. The Board of Supervisors of the county of New York are hereby empowered and directed annually to order, and cause to be raised and collected upon estates, real and personal, subject to taxation according to law, within said county of New York, the sums of money annually finally estimated as aforesaid, by said Board of Estimate, for the annual expenses authorized by this act; and the said amount so collected shall be deposited with the Treasurer of the State, as a fund to the credit of the Metropolitan Fire Department, and may be drawn by check or warrant by the Treasurer of said Metropolitan Fire Department, in such sums as may be necessary to be used by him for the purpose defined by this act, and as ordered by said Department.

§ 17. On and after the organization of the Department, all real estate, fire apparatus, hose, implements, tools, bells, and bell-towers, fire telegraph, and all property of whatever nature then or theretofore in use by the firemen or Fire Department of the city of New York, belonging to said city, shall be transferred by all persons having charge of the same to the keeping and custody of the "Metropolitan Fire Department" hereby created, and for the use thereafter of said Department. But the said property shall remain the property of the Mayor, Aldermen, and Commonalty of the city of New York, subject to the public uses of said Department, as aforesaid, and for the purposes provided by this act. And whenever any of the said property shall no longer be needed by the said Department for the purposes of this act, they shall surrender the same to the said the Mayor, Aldermen, and Commonalty of the city of New York.

§18. The Commissioners shall file with the Comptroller of the city of New York a list of all real estate, also a list of all apparatus, not required by them for the purpose of this act, and the said property shall then be disposed of as said Commissioners may direct, and the proceeds thereof shall be paid into the treasury of said city.

§ 19. All members of the present Fire Department, regularly enrolled at the time of the passage of this act, shall be returned by the present Chief Engineer, under oath, to the Clerk of the Common Council of the city of New York, and all such members who shall faithfully perform their duties until regularly discharged by said Commissioners, and not otherwise, shall be entitled to all the privileges and exemptions to which exempt firemen are entitled by the laws of this State.

§ 20. Immediately on the organization of said Department all persons who shall then be firemen in the city of New York shall be under the control and government of said Metropolitan Fire Department; and if they shall so remain until they are discharged by said Department, shall be entitled to all the privileges and exemptions allowed by the laws of the State of New York, the same as if they served out the full term as prescribed by the laws of the State of New York; and the said Department shall have full power to discharge, by resolution, said firemen, or any of them, whenever they may deem proper. Nothing herein contained shall be construed to deprive any person of their right to, or affect their interest in the fund known and called the New York Fire Department Fund, or any part thereof, and the said fund shall continue to be held and administered by the present trustees of the Fire Department, or their successors, but for all other purposes the present Fire Department of the city of New York is hereby abolished.

§ 21. It shall be the duty of the Clerk of the Common Council of the city of New York, immediately after the passage of this act, to make, or cause to be made, a correct list containing the names of all those persons who, at the time of the passage of this act, were regularly enrolled as active firemen on the books of the said Common Council, and who were, at the time aforesaid, performing the duty as active firemen in the said city, and the list aforesaid shall be submitted to the Metropolitan Fire Department. It shall be a misdemeanor, punishable by imprisonment in the county jail for a period of not less than sixty days, for a person not so enrolled or employed, or appointed by the said Department, to wear the whole or any part of the uniform or insignia prescribed to be worn by the rules and regulations of the Board, or do any act as firemen not duly authorized by the Commissioners duly created, or to interfere with the property or apparatus of the Fire Department in any manner, unless by the authority of the Department. No person holding office under this act shall be liable to military or jury duty while performing his duty as a fireman. All acts and parts of acts inconsistent with this act, are hereby repealed.

§ 22. The Department hereby created may adopt a common seal and direct its use, and, in the name of its President, may institute and maintain suits and proceedings (and may pay any costs, expenses, or judgments therein) for the enforcement of its rights and contracts, and for the protection, possession, and maintenance of the property under the control of said