thereby, or shall be given in any particular manner, or upon any particular side of any question, matter, cause, or proceeding then pending, or which may by law be brought before him, in his official capacity, shall, upon conviction, be disqualified from holding any public office, trust, or appointment under the charter of the city of New York, and shall forfeit his office, and shall be punished by imprisonment in the penitentiary, not exceeding two years, or by a fine not exceeding five thousand dollars, or both, in the discretion of the Court. Every person offending against either of the provisions of this section shall be a competent witness against any other person offending in the same transaction, and may be compelled to appear and give evidence before any grand jury, or in any court, in the same manner as other persons; but the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying. $53. The annual election for charter officers, school officers, and Governors of the Almshouse, after the year eighteen hundred and fifty-seven, shall be held on the first Tuesday in December, and the officers elected at the first election, as herein before provided, and in each year thereafter, shall take office on the first Monday of January next succeeding. All the provisions of law now in force in regard to the notification, duration, conduct of election, and canvassing of votes at general elections, shall apply to the first election provided for herein, and to each annual election of charter officers, except that the returns of all elections provided for by this act shall be filed by the district canvassers in the several districts with the Clerk of the Common Council, within twenty-four hours after the polls are closed, and the said returns shall be canvassed by the Board of Aldermen, sitting as a Board of City Canvassers. The Clerk of the Common Council shall be Clerk to the said Board of City Canvassers, and the said Board shall meet on the Thursday succeeding such election, and shall, within ten days thereafter, wholly complete such canvass, and file, within the same time, duplicate statements of the result in the respective offices of the Clerk of the Common Council and County Clerk. The Clerk of the Common Council, within five days succeeding the filing of the said statement, shall give to each person declared elected a certificate thereof. 54. The act to amend the charter of the city of New York, passed April seventh, eighteen hundred and thirty, and the act to amend the charter of the city of New York, passed April second, eighteen hundred and fortynine, and the act to amend an act entitled an act to amend the charter of the city of New York, passed April second, eighteen hundred and forty-nine, passed July eleventh, eighteen hundred and fifty-one; and the act further to amend the charter of the city of New York, passed April twelfth, eighteen hundred and fifty-three; and the act supplementary to an act entitled an act further to amend the charter of the city of New York, passed April twelfth, eighteen hundred and fifty-three, passed June fourteenth, eighteen hundred and fifty-three, are hereby repealed; and all laws incon sistent with this act are also hereby repealed; but the charters of the city of New York, known as the Dongan and Montgomerie charters, so far as the same, or either of them, are now in force, shall continue and remain in full force, and shall not be construed as repealed, modified, or in any manner affected thereby. This section shall not prejudice or affect any right accrued, or proceeding commenced, before this act takes effect. § 55. This act shall take effect on the first day of May, one thousand eight hundred and fifty-seven. Secretary's Office. I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom, and of the whole of the said original law. [L. 8.] Given under my hand and seal of office, at the city of Albany, the twentieth day of April, in the year one thousand eight hundred and fifty-seven. N. P. STANTON, Dep. Sec. of State. Chapter 68. AN ACT RELATIVE TO THE CHARTER OF THE CITY OF NEW YORK. PASSED APRIL 3, 1863; THREE-FIFTHS BEING PRESENT. The People of the State of New York, represented in Senate and Assembly, do ordain as follows: SECTION 1. The terms of office of the several heads of departments of the Corporation of the city of New York, holding office by appointment under the charter of the said city, shall hereafter be four years, and until their successors have been duly appointed and qualified. The several heads of departments of said Corporation, now in office by appointment under said charter, shall hold office for four years from the dates of their respective appointments, and until their successors have been duly appointed and qualified, except the present chief officers of the Croton Aqueduct Board, who shall continue to hold their offices for four years from the date of the appointment of the present Assistant Commissioner of said Board, and until their successors shall have been duly appointed and qualified. Such heads of departments shall hereafter be subject to the removal from office only for the causes and in the manner now provided by law for the removal of the Comptroller of said city. § 2. This act shall take effect immediately. Extract FROM CHAPTER FOUR HUNDRED AND FIVE, SECTION SEVEN, OF THE LAWS OF THIS STATE. PASSED APRIL 25, 1864. SECTION 7. It shall not be lawful for the President of the Board of Aldermen, when acting as Mayor, as provided by the charter of the city of New York, in case of the sickness or absence of the Mayor from the city, to sign or approve of any act, resolution, or ordinance which shall have been adopted by the Common Council, or either Board thereof, or to nominate or appoint any person to hold office as a Head of Department, or as City Chamberlain, unless the sickness, disability, or absence of the Mayor shall have continued at least three days, exclusive of Sundays and legal holidays. TO AMEND THE CHARTER OF THE CITY OF NEW YORK. PASSED AUGUST 31, 1868; THREE-FIFTHS BEING PRESENT. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The legislative power of the Corporation of the city of New York shall be vested in a Board of Aldermen and Assistant Aldermen, who, together, shall form the Common Council. 2. The Board of Aldermen shall consist of one Alderman, to be elected from each of the Assembly Districts, as the same now are, or may hereafter be constituted in said city. The Aldermen now in office from the Aldermanic Districts having odd numerical designations, as the same are now constituted, shall be appointed by the Mayor of the city of New York to such respective positions, and shall hold their offices by virtue of such appointment until the first Monday in January, one thousand eight hundred and seventy, and the Aldermen now in office shall hold their offices until the first Monday in January, one thousand eight hundred and seventy. There shall be elected at the charter election in the year eighteen hundred and sixty-nine, and every two years thereafter, an Alderman in each Aldermanic District, as constituted by the provisions of this section, and no Alderman shall be elected at the charter election in the year eighteen hundred and sixty-eight. § 3. There shall be one Assistant Alderman from each Assembly District in the city of New York, as the same now are elected, or may hereafter be constituted. The Assistant Aldermen to be elected under this act shall be elected at the charter election to be held in the year eighteen hundred and sixty-eight, to be chosen for the term of one year. At all subsequent elections for Assistant Aldermen, they shall be elected for the full term of two years. § 4. The Board of Councilmen of the city of New York shall cease to exist after the first Monday of January, eighteen hundred and sixty-nine. § 5. The Clerk of Board of Councilmen shall organize the Board of Assistant Aldermen, and after the organization of the said Board, the Clerk shall be designated the Clerk of the Board of Assistant Aldermen, and hold office during the pleasure of said Board. § 6. All acts or parts of acts inconsistent with the provisions of this act, are hereby repealed. § 7. This act shall take effect immediately. STATE OF NEW YORK, Office of the Secretary of State. I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom, and of the whole of said original law. [L. S.] Given under my hand and seal of office, at the city of thousand eight hundred and sixty-eight. D. WILLERS, JR., Dep. Sec. of State. An Act RELATING TO THE BOARD OF SUPERVISORS OF THE CITY OF NEW YORK. PASSED APRIL 15, 1837; THREE-FIFTHS BEING PRESENT. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SEC. 1. The Mayor and Recorder of the city of New York shall cease to be members of the Board of Supervisors of the county of New York. There shall be voted for, at each and every charter election hereafter to be held in the city of New York, twelve Supervisors, who shall, together, compose the Board of Supervisors of the county of New York, and hold office for one year from the first of January in each and every year hereafter. They shall be voted for upon a separate and general ticket, but only six names for Supervisors shall be upon one ticket. The six persons receiving the highest number of votes shall be declared elected by the Board of City Canvassers, who shall canvass the votes in the same manner as they are required to canvass votes for charter officers; and all the provisions of law, relating to election of charter officers, are hereby applied to the election of Supervisors. On or before the twenty-fourth day of December, in each and every year succeeding the charter election, the Mayor of the city shall appoint, as Supervisors, the six persons receiving severally the highest number of votes next to the votes received by the six Supervisors having the return of the Board of City Canvassers. § 2. The vote of a majority of all the members elected to the Board of Supervisors shall be necessary to pass any act, ordinance, or resolution appropriating money; and every act, ordinance, or resolution, which shall have passed the Board of Supervisors, except such as levy any tax or taxes, before it shall take effect, shall be presented, duly certified, to the Mayor of the city of New York, for his approval. If he approve, he shall sign it; if not, he shall return it, with his objections, to the Board, within ten days thereafter, or, if said Board be not in session, at its next meeting after that period. The Board shall enter the objections at large on their journal, and cause the same to be published in one or more of the daily newspapers of the city of New York. 3. The Board shall, after the expiration of not less than ten days thereafter, proceed to reconsider the same; and such act, resolution, or ordinance, if approved by a majority of all the members elected to the Board, shall thereupon take effect. In all such cases, the votes of the Board shall be determined by the ayes and noes, and the names of the persons voting for and against its passage shall be entered on the journal of the Board. |