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§ 12. There shall be an Executive Department under the denomination of the "Street Department," which shall have cognizance of opening, regulating and paving streets; building and repairing wharves and piers; digging and building wells, and the construction of public roads, when done by assessment; the filling up of sunken lots, under ordinances of the Common Council from the City Inspector's Department. It shall also have cognizance of collecting the assessments connected with such expenditures; the chief officer shall be called the "Street Commissioner." There shall be a bureau in this department for the collection of assessments, and the chief officer thereof shall be called the "Collector of Assessments," and his assistants " Deputy Collectors." There shall be a bureau in this department, the chief officer of which shall be called the " Superintendent of Wharves."

§ 13. There shall be an Executive Department, to be denominated the department of " Repairs and Supplies," which shall have cognizance of all repairs and supplies of and for roads and avenues, public pavements, repairs to public buildings, to fire engines and apparatus of Fire Department, and the chief officer thereof shall be called the "Commissioner of Repairs and Supplies." There shall be four bureaux or branches in this department, and the chief officers shall be respectively denominated the " Superintendent of Roads," " Superintendent of Repairs to Public Buildings,' "Superintendent of Pavements," and "Chief Engineer of the Fire Department."

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§ 14. There shall be an Executive Department, to be denominated the Department of Streets and Lamps," which shall have cognizance of procuring the necessary supplies for, and of lighting the public streets and places, lighted at the expense of the Corporation; and of cleaning the public streets, and collecting the revenue arising from the sale of manure, and also of the transferring of butchers' stalls in the public makets. The chief officer thereof shall be denominated the "Commissioner of Streets and Lamps." There shall be three bureaux in this department, and the chief officers thereof shall be called the " Superintendent of Lamps and Gas," Superintendent of Streets," and "Superintendent of Markets.”

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§ 15. There shall be an Executive Department, under the denomination of the "Croton Aqueduct Board," which shall have charge of the Croton Aqueduct, and all structures, and works, and property connected with the supply and distribution of water to the city of New York, and the underground drainage of the same; and of the public sewers of said city; and the collection of the revenues arising from the sale of the water, with such other powers and duties as shall or may be prescribed by law. The chief officers thereof shall be called the President, Engineer and Assistant Commissioner, who together shall form the Croton Aqueduct Board, and hold their offices for five years. There shall be a bureau in this department for the collection of the revenues derived from the sale of the water, and the chief officer thereof shall be called the "Water Register."

§ 16. There shall be an Executive Department, under the denomination of the "City Inspector's Department," which shall have cognizance of all matters relative to the public health of said city, and the chief officer thereof shall be called the "City Inspector."

§ 17. There shall be an Executive Department, known as the "AlmsHouse Department," which shall have cognizance of all matters relating to the Alms-House and Prisons of said city; the chief officers thereof shall be called the 66 Governors of the Alms-House." They shall consist of the

number, derive and hold their offices, and be charged with the duties, powers and responsibilities as prescribed by the act entitled "An act to provide for the government of the Alms-House and Penitentiary, in the City and County of New York."

§ 18. There shall be an Executive Department, known as the "Law Department," which shall have the charge of and conduct all the law business of the Corporation, and of the departments thereof, and all other law business in which the city shall be interested, when so ordered by the Cor-. poration; and shall have the charge of, and conduct the legal proceedings necessary in opening, widening, or altering streets; and draw the leases, deeds, and other papers connected with the Finance Department, and the chief officer thereof shall be called the "Counsel to the Corporation." There shall be a bureau in this department, the chief officer of which shall be denominated the Corporation Attorney." There shall be a bureau in this department, the chief officer of which shall be called the "Public Administrator."

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§ 19. It shall be lawful for the Common Council of said city to establish such other departments and bureaux as they may deem the public interest may require, and to assign to them and those herein created, such duties as they may direct, not inconsistent with this act; but no expense shall be incurred by any of the departments or officers thereof, whether the object of expenditure shall have been ordered by the Common Council or not, unless an appropriation shall have been previously made concerning such expense; and no member of the Common Council, head of department, chief of bureau, deputy thereof, or clerk therein, or other officer of the Corporation, shall be directly or indirectly interested in any contract, work, or business, or the sale of any article, the expense, price, or consideration of which is paid from the city treasury, or by any assessment levied by any act or ordinance of the Common Council, nor in the purchase of any real estate or other property belonging to the Corporation, or which shall be sold for taxes or assessments.

§ 20. The heads of departments, except the Croton Aqueduct Board, shall be elected every three years by the people. In case of vacancy of any of said heads of departinents, by removal from office or otherwise, the Mayor, by and with the advice and consent of the Board of Aldermen, shall appoint a person to fill the same, until the vacancy shall be filled by the electors at the next charter election. The heads of departments shall nominate, and by and with the consent of the Board of Aldermen, appoint the heads of bureaux in their several departments, except the Chamberlain of the city of New York, the Receiver of Taxes, and the Chief Engineer of the Fire Department. The heads of departments shall also in like manner appoint the clerks in their immediate offices. The heads of bureaux shall nominate, and with the consent of the Board of Aldermen, appoint all clerks in their respective bureaux. The Mayor shall nominate, and by and with the consent of the Board of Aldermen, appoint the Chamberlain of the city of New York, the chief officers of the Croton Aqueduct Department, and the Receiver of Taxes. The Chief of the Fire Department shall be elected in the same manner as is now, or may hereafter be prescribed by law. The number of officers and clerks in the several departments shall be prescribed by the Common Council. The terms of all charter officers, not prescribed by law of the state, shall be fixed by the Common Council. All officers whose appointments are not otherwise provided for, shall be elected or appointed in such manner as the Common Council shall by law prescribe. Any officer of the city government, except the

Mayor and members of the Common Council, may be removed from office by concurrent resolution of both branches of the Common Council; provided that no removal shall take place until the party sought to be removed has had an apportunity to be heard in his defence, and unless two-thirds of the whole number of both branches vote therefor; and provided, also, that the cause of such removal shall be entered at large upon the journals of both branches of the Common Council. Any head of department may remove any clerk in his department, or any bureau thereof, with the consent of the Mayor.

§ 21. The several Executive Departments, and the officers and clerks thereof, shall be subject to the legislative regulation and direction of the Common Council, so far as the same shall not be inconsistent with this act; and the duties thereof shall be performed in accordance with the charter and laws and ordinances of the city. The Mayor, and each Board of the Common Council, may at any time require the opinion in writing of the head of any department, upon any subject relating to his department, or any information possessed by him in relation thereto. And every head of department shall report in writing to the Common Council, at the commencement of each stated session, the state of his department, with such suggestion in relation to the improvement thereof, and to the public business connected therewith, as he may deem advisable.

§ 22. Whenever a vacancy shall occur in the office of assessor, by death, removal from the ward, resignation, or otherwise, the Board of Assessors shall fill the same by the appointment of a citizen of the ward in which the vacancy shall occur, until the vacancy shall be supplied by the electors of the ward, at the next election. And all assessments and awards shall be open to public inspection at least twenty days, by public notice thereof, before being certified to the proper department; and the assessments made by the assessors for all taxes, shall be made between the first day of January and th: first day of April in each year.

§ 23. All contracts to be made or let by authority of the Common Coun cil for work to be done or supplies to be furnished, and all sales of personal property in the custody of the several departments or bureaux, sha be made by the appropriate heads of departments, under such regulations as hall be established by ordinances of the Common Council. Every person ele ted or appointed to any office under the city gov rnment, shall take and subscribe an oath or affirmation before the Mayor, t ithfully to perform the duties of his office, which oath or affirmation shall be filed in the Mayor's office.

§ 24. All officers or other persons to whom the receipts or expenditures of the funds of the city, or fees or funds payable into the city treasury, shall be entrusted, shall give sufficient security for the faithful performance of their duty, in such form and amount as the Common Council may by ordinance prescribe, which shall be annually renewed. No security shall be deemed cancelled or lost for want of renewal or re-appointment.

§ 25. Any officer of the city government, or person or persons employed in any department thereof, who shall wilfully violate any of the provisions of this charter, or commit any fraud, or convert any of the public property to his own use, or knowingly permit any other person so to convert it, shall be deemed guilty of a misdemeanor, and in addition to the penalties imposed by law, shall forfeit his office, and be excluded forever after from receiving or holding any office under the city charter. And any person who shall wilfully swear falsely in any oath or affirmation required by this act, shall be guilty of perjury.

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§ 26. The first election of officers to be elected under this act, shall be held at the next general state election. The Mayor who shall be elected at the charter election, on the second Tuesday in April, one thousand eight hundred and forty-nine, shall hold his office until the first Monday of January, 1851, and the Aldermen and Assistant Aldermen who shall be elected at that election, shall hold their offices until the first Monday of January, 1850, and no longer. All officers of said city government, who shall be in office when this act shall take effect, shall hold their offices and execute the duties thereof, until their successors shall be duly qualified.

§ 27. The seventh section of the act entitled "An act to amend the charter of the city of New York," passed April 7th, 1830, and all provisions of law and of charter, which are inconsistent with this act, are hereby repealed.

§ 28. All such parts of the charter of the city of New York, and the several acts of the legislature amending the same, or in any manner affecting the same, as are inconsistent with this act, are hereby repealed; but so much and such parts thereof as are not inconsistent with the provisions of this law, shall not be construed as repealed, altered or modified, or in any form affected thereby, but shall continue and remain in full force and virtue.

§ 29. This act shall be submitted for the approval of the electors of the city and county of New York, at an election to be held in said city, on the second Tuesday of April, one thousand eight hundred and forty-nine, for which the Common Council of the city shall make the necessary arrangements. The tickets which shall be polled at the said election, shall contain either the words, "In favor of amendments to charter," or "Against amendments to charter," and if a majority of all the persons voting thereon at the said election shall vote the ticket "In favor of amendments to charter," this act shall become a law; if a majority of such persons shall vote "Against amendments to charter," this act shall be void.

§ 30. In case this act shall be approved of by a majority of the electors of said city, as aforesaid, and become a law, it shall go into effect on the first day of June next; and the terms of office of all the officers elected at such election on the second Tuesday of April next, shall expire on the days and in the manner herein before provided.

RULES AND ORDERS

OF THE

BOARD OF ALDERMEN

OF THE

CITY OF NEW YORK.

PASSED MARCH 21, 1850.

I. UPON the appearance of ten members, the President, or in his absence, a President pro tem. shall take the chair as President, and the members be called to order.

II. In case the President shall not attend, the Clerk, on the appearance of ten members, shall call the Board to order, when a President pro tem. shall be appointed by the Board for that meeting, or until the appearance of the President.

III. After the reading and approving of the minutes, the orders of business which shall not in any case be departed from, except by the consent of ten members voting therefor, shall be as follows:

1st. Presentation of petitions.

2d. Motions or Resolutions.

3d. Reports of Committees.

4th. Communications and Reports from the Departments or Corporation Officers.

5th. Unfinished business.

6th. Seecial orders of the day.

7th. Messages, papers from the Mayor or the Board of Assistant Aldermen, may be considered at any time.

IV. Whenever the President may wish to leave the chair, he shall have power to substitute a member in his place, provided that substitution shall not continue beyond the day on which it is made.

V. The President in all cases has the right of voting; and when the Board shall be equally divided, including his vote, the question shall be lost.

VI. Whenever it shall be moved and carried, that the Board go into Committee of the Whole, the President shall leave the chair, and shall appoint a Chairman of the Committee of the Whole, who shall report the proceedings of the Committee. The rules of the Board shall be observed in the

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