partments when and No officers contracts. Term of of fice. cancy. Other de- to establish such other departments and bureaux as they may deem. and bureaux the public interest may require, and to assign to them and those how estab- herein created, such duties as they may direct, not inconsistent with lished. 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; to be inter- and no member of the common council, head of department, chief ested in any 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. SEC. 20. The heads of departments, except the Croton aqueduct Case of va- board, shall be elected every three years by the people. În case of vacancy of any of said heads of departments, 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 of election. The heads of departments shall nominate, and by and how appoin- 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 nominate and by and with the consent of the board of aldermen, 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 department, chamberlain of the city of New York, the chief officers of the Crotaxes. ton aqueduct department, and the receiver of taxes. The chief of department. the fire department shall be elected in the same manner, as is now, or may hereafter be prescribed by law. The number of officers or 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. [As amended by § 2, chap. 343, Laws of 1851.] Heads bureaux, ted. Clerks. Chamber lain. Croton Aqueduct Receiver of Chief of fire Depart cers, clerks. and SEC. 21. The several executive departments, and the officers and ments, off clerks thereof, shall be subject to the legislative regulation and dir etion of the common council, so far as the same shall not be inconsistent with th s 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, Heads of de- upon any subject relating to his department, or any information to report to possessed by him in relation thereto. And every head of departthe common ment shall report in writing to the common council, at the com partments ⚫onncil. mencement of each stated session, the state of his department, with office of sessors to be board. by death, removal from the ward, resignation, or otherwise, the Vacancy in board of assessors shall fill the same by the appointment of a citizen board of asof the ward in which the vacancy shall occur, until the vacancy filled by the 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 the first day of April, in each year. be made by SEC. 23. All contracts to be made or let by authority of the Contracts to common council for work to be done or supplies to be furnished, heads of deand all sales of personal property in the custody of the several partments. departments or bureaux, shall be made by the appropriate heads of departments, under such regulations as shall be established by ordinances of the common council. Every person elected or appointel to any office under the city government shall take and subscribe an oath or affirmation before the mayor, faithfully to perform oath of of the duties of his office, which oath or affirmation shall be filed in fice. the mavor's office. to give securi SEC. 24. All officers or other persons to whom the receipts or Officers expenditure of the funds of the city, or fees or funds payable into ty. 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. any lating provi guilty of a or. SEC. 25. Any officer of the city government, or person or persons Officer vioemployed in any department thereof, who shall wilfully violate any ons of this of the provisions of this charter, or commit any fraud, or convert charter, any of the public property to his own use, or knowingly permit misdemeanother 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 shali wilfully swear falsely in any oath or affirmation required by this act, shall be guilty of perjury. SEC. 23. The first election of officers to be elected under this First elecact, tion. 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, one thousand eight hundrel and fifty-one, and the aldermen and assistant aldermen who sha'l be elected at that election, shall hold their offices until the first Monday of January, one thousand eight hundred and fifty, 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. tion of act SEC. 27. The seventh section of the act entitled "an act to Seventh secamend the charter of the city of New York," passed April 7th, of 1830 re1830, and all provisions of law and of charter, which are inconsist- pealed. ent with this act, are hereby repealed. SEC. 28. All such parts of the charter of the city of New York, mer acts re Parts of for- and the several acts of the legislature amending the same, or in any pealed. 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. approval. Charter sub- SEC. 29. This act shall be submitted for the approval of the elecmitted for tors 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. This act to go SEC. 30. In case this act shall be approved of by a majority of into effect. 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 hereinbefore provided. STATE OF NEW YORK, SECRETARY'S OFFICE, I have compared the preceding with an original law on file in this office, and do certify that the same is a correct transcript therefrom, and of the whole of said original. CHRISTOPHER MORGAN, Albany, April 3, 1849. Secretary of State. powers corporation. AN ACT FURTHER TO AMEND THE CHARTER OF THE The People of the State of New York, represented in Senate and Assembly, do enact as follows: Legislative] SEC. 1. The legislative powers of the corporation of the city of of New York shall be vested in a board of aldermen and a board of councilmen, who together shall form the common council of the city. The board of aldermen shall consist of one aldermen from each ward, who shall be elected by the people of the respective wards for two years. The board of councilmen shall consist of sixty members, to be elected from as many districts, who shall be sworn into office on the first Monday of January next succeeding *Passed April 12, 1853.—Ch. 217. their election, and shall hold their offices for one year, and shall receive the same compensation as the aldermen. Classification for al SEC. 2. [Amended by act of June 14, 1853, ch. 352, to read as) follows:] The members of the board of aldermen first elected un- dermen. der this act shall be classified as follows:-On or before the first Tuesday in December succeceding the next general election, the clerk of the city and county of New York shall, in presence of the mayor, recorder and comptroller, or a majority of them, draw from a box, to be provided for the purpose, in which two ballots shall have been deposited, having thereon, respectively, either the word "odd" or the word "even," one ballot; if the ballot so drawn shall have thereon the word "odd," then the term of office of the alder men chosen from wards having an odd numerical designation shall expire on the first Monday of January, one thousand eight hundred and fifty-five; and in case the ballot having thereon the word "even" shall be drawn, then the term of office of the aldermen chosen from wards having an even numerical designation shall expire on the first Monday of January, one thousand eight hundred and fifty-five. At all subsequent elections aldermen shall be elected for the full term of two years.. divided into which dis in to coun SEC. 3. For the election of councilmen, the said city shall be City to be divided into sixty districts of contiguous territory, and as near as sixty may be of equal population, each of which shall choose one coun-tricts, cilman. The common council shall so divide the city into such elect districts on or before the first Monday of September next; and thereafter, within one year after the state and national census shall have been completed, the common council shall, in like manner, redistrict said city. cilmen. tion of mo SEC. 4. Every act, resolution or ordinance, appropriating money Appropriaor involving the expenditure of money not rendered imperative ney. under the provisions of any state law, shall originate in the board of councilinen; but the board of aldermen may propose or concur with amendments, as in other cases. Two-third SEC. 5. A vote of two-thirds of all the members elected to each board shall be necessary to pass any act, ordinance or resolution of vote. the common council, which shall have been returned by the mayor with his objections. not to as courts. act SEC. 6. No alderman shall hereafter sit or act as judge in the Aldermen Court of Over and Terminer or in the courts of general or special as judge in sessions in the city and county of New York; but this section shall certain not prevent his exercising the power of a magistrate in the arrest, commitment or bailing of offenders, excepting that he cannot let to bail or discharge a person arrested or committed by another magistrate. Ferries, and slips. SEC. 7. All ferries, docks, piers and slips shall be leased, and all leases and sales of public property and franchises (other than the docks, piers, grants of land under water, to which the owner of the upland shall have a pre-emption right) shall be made by public auction, and to the highest bidder who will give adequate security. No lease hereafter given, except as the same may be required by covenants of the corporation already existing, shall be for a longer period than ten years; and all ferry leases shall be revocable by the common council for mismanagement or neglect to provide adequate accom awards contracts. of modations. All persons acquiring any ferry lease or franchise, under the provisions of this act, shall be required to purchase, at a fair appraised valuation, the boats, buildings and other property of the former lessees, actually necessary for the purposes of such ferry. Previous notice of all sales referred to in this section shall be given, under the direction of the comptroller, for thirty days in the newspapers employed by the corporation. Bids for, and SEC. 8. No bids shall be accepted from or contract awarded to any person who is in arrears to the corporation upon debt or contract, or who is a defaulter, as security or otherwise, upon any obligation to the corporation. for Money celebrations, SEC. 9. No money shall be expended by the corporation for any &c. 'celebration, procession or entertainment of any kind, or on any occasion, except for the celebration of the anniversary of the national independence, the twenty-fifth of November, Evacuation Day," and the anniversary of the birthday of Washington, unless by the vote of three-fourths of all the members elected in each board of the common council. Additional allowance on SEC. 10. No additional allowance, beyond the legal claim, under contracts. any contract with the corporation or. for any service on its account, or in its employment, shall ever be allowed. Police officers to be SEC. 11. The officers of the police and policemen shall hereafter appointed be appointed by a board of commissioners, consisting of the mayor, commission- recorder and city judge. by board of ers. Work done furnished over contract. SEC. 12. All work to be done and all supplies to be furnished and supplies for the corporation, involving an expenditure of more than two $250 hundred and fifty dollars, shall be by contract founded on sealed shall be by bids, or on proposals made in compliance with public notice for the full period of ten days; and all such contracts, when given, shall be given to the lowest bidder, with adequate security. All such bids or proposals shall be opened by the heads of departments advertising for them, in the presence of the comptroller and such of the parties making them as may desire to be present. reau in de finance. Auditing bu- SEC. 13. There shall be a bureau in the department of finance, partment of to be called the "Auditing Bureau," and the chief officer thereof shall be the "Auditor of Accounts." It shall revise, audit and settle all accounts in which the city is concerned as debtor or creditor; it shall keep an account of each claim for or against the corporation, and of the sums allowed upon each, and certify the same, with reasons therefor, to the comptroller. The comptroller shall report to the common council, once in ninety days, the name and decision of the auditor upon the same, together with the final action of the comptroller thereon. All moneys drawn from the city treasury shall be upon vouchers for the expenditure thereof, examined and allowed by the auditor, and approved by the comptroller. bribing or member Penalty for SEC. 14. Every person who shall promise, offer or give, or cause attempting or aid, or abet in causing to be promised, offered or given, or furto bribe any nish or agree to furnish, in whole or in part, to be promised, offered or given to any member of the common council, or to officer any of the corporation after his election as such member, or before or after he shall have qualified and taken his seat, any money, goods, right in action or other property, or anything of value, or any pe common council officer. or |