city. But no such ordinances, by-laws or regulations. shall extend in their operation beyond the territorial limits and jurisdiction of the city of Brooklyn, nor in any manner interfere with the jurisdiction and immunities of the city of New-York. In any such action it shall be sufficient to declare generally in debt for the penalty sued for, stating the by-law, ordinance or regulation, and the section thereof upon which such action is brought. The defendant may plead the general issue, and the special matter may be given in evidence on both sides upon the trial; and the provisions of the one hundred and fortythird section of article ninth, title fourth and chapter second of the third part of the Revised Statutes, shall also extend to every such action. Every general ordinance, by-law or regulation, imposing a penalty, which may be passed by the common council, shall, after the passage thereof, be published for three weeks successively in the corporation newspaper or papers printed in said city; and proof of such publication by the affidavit of the printer or publisher of said newspaper or papers, taken before any officer authorized to administer oaths, and filed with the clerk of the said city, shall be deemed conclusive evidence in all courts and places. Such publication may, however, be proved by any other competent evidence.

$ 28. No person shall be deemed incompetent as a witnesses, judge, justice, witness or juror, by reason of his being an &c. inhabitant or freeholder of the said city,

cers to be

$ 29. The common council shall have power from time Duty of offito time to prescribe the duties of all officers and persons prescribed. appointed by them in pursuance of this act, subject to its provisions, and they may remove all such officers and persons for proper cause, to be judged of by them; but no such officer or other person shall be removed without investigation of the charge or charges which may be made against him, and he shall have an opportunity of being heard in relation to the same.

S 30. The said common council shall, at the time fixed Newspapers, by this act for the first appointment of city officers, designate one or more newspaper or papers printed in the said city, in which shall be published all ordinances, reso lutions and other proceedings which by this act are required to be published, and they may alter such designation whenever they may deem it expedient; but notice shall always be published of any such alteration, in the paper or papers employed by them at the time of such alteration.

$31. The mayor of the said city shall, by virtue of his Further pow office, in addition to the powers conferred on him in cri、

ers of the mayor.

Highways.

they will proceed to determine upon the said application; and upon such a day, or such further day as they may then or thereafter appoint for that purpose, they shall proceed to examine the names of the persons originally subscribed, or annexed to the said application, and those which may have been thereafter added thereto; and if the said names shall amount to two-thirds in number of all the persons whose names are contained in the aforesaid list, and the said common council shall be satisfied that the same are genuine, and that the said application has been fairly conducted, they may, by resolution, to be recorded in their minutes, determine in favor of such application; and thenceforth the portion of the said eighth or ninth wards described therein, shall be annexed to, and constitute for all purposes, a part of the fire and watch district of the said city.

S39. In that portion of the said city, which shall not be comprised within the limits of the first seven wards, or the fire and watch district, the provisions of the act entitled "An act regulating highways and bridges in the counties of Suffolk, Queens and Kings," passed February 23d, 1830, shall apply, subject to the modifications hereinafter contained. For this purpose there shall be three commissioners of highways therein, and as many overseers of highways as there shall be road districts designated by the said commissioners.. The said commissioners shall be elected annually, at the regular election for city officers, by the electors residing in the portion of the said city, mentioned in the commencement of this section; and the said overseers shall be appointed annually, on such day, after the said election, as the said common council may fix for that purpose, by the said commissioners, or a majority of them. The said commissioners and overseers shall reside, and be respectively possessed of freehold estates in the portion of the said city above referred to; and they shall hold their offices for one year, and until others are elected and appointed in their places and have taken the necessary oath of office. The account mentioned in the third section of the act above referred to, shall be rendered to the common council of the said city, at such time as they may appoint for that purpose. who shall be the auditors thereof; and the statement mentioned in the fourth section of the said act shall be delivered to the supervisor elécted by the eight and ninth wards of the said city. The said supervisor shall lay the said statement before the joint board of city supervi sors and common council, at their next meeting, who shall cause the same to be delivered by the clerk of the

board, with the statement mentioned in the thirty-third section of this act, to the board of supervisors of the county of Kings, at their next meeting. The clerk of the said city shall, for all the purposes mentioned in the said act above referred to, be deemed a town clerk.

$ 39. When a road or highway shall be laid out, in Damages pursuance of the provisions of the last preceding section, how to be asand of the act therein referred to, the expense thereof, and the damages to be sustained, and the benefit derived therefrom, by the owners of lands and premises affected thereby, shall be ascertained, estimated and assessed, in the manner directed by an act relative to the village of Brooklyn, passed April 30th, 1833. Such damages, instead of being levied and collected upon and from the city at large, shall be assessed upon the lands and premises situate within the said portion of the city in which such road or highway shall be laid out as aforesaid, and through which the same may run, or upon such of the said lands and premises, or parts thereof, as may be benefitted by such road or highway. For the purpose of having such estimate and assessment made, the said commissioners of highways shall, instead of conforming to the course prescribed by the forty-eighth and six following sections of the act referred to in the last preceding section of this act, apply for appointment of commissioners of estimate. and assessment, according to the provisions relative to the laying out and opening of streets, avenues and squares in the village of Brooklyn, contained in the said act of April 30th, 1833; and the said commissioners of highways shall, for all the purposes of the said provisions, be substituted in the place of the common council of the said city. The same proceedings shall thereupon be had upon such application, and by the said commissioners when appointed, and upon and in relation to their report, as are directed by the provisions before referred to respecting streets, avenues and squares, in the said village of Brooklyn. An appeal may be made from the said report and disposed of in like manner, and the courts named in the said provisions shall have similar powers and proceed alike in both cases.

squares.

$40. The common council shall have power to cause Streets, aveall streets and parts of streets, avenues and squares within us and the first seven wards, and the fire and watch district of the said city, to be graded, levelled, gravelled, paved or MacAdamized, and to cause cross walks to be made and drains and sewers to be constructed. They may also cause any such streets, or parts of streets, avenues and squares to be provided with lamp posts and lamps, and

Noxious or

offensive trades.

Overseers of the poor

Mariipal

Court

and in case of such refusal or omission to comply with such order, or if there be no person having charge of such vessel, the mayor, or the three aldermen aforesaid, may cause such vessel to be removed, and recover the expense thereof from the master, owners or consignees of the said vessel, in an action in the corporate name of said. city, for so much money paid to his or their use.

$64. The common council of the city may prescribe and fix certain limits in the city, within which it shall not be lawful to carry on any noxious or offensive trades, manufactories or establishments, which in their opinion will be likely to endanger the public health, or prove a nuisance to the neighborhood in which the same may be so carried on, and may enforce obedience to any general or special ordinance which they may pass for that purpose, by a penalty, and may add new and further penalties as may be necessary for the continuance of a violation of any such ordinance.

$65. There shall be elected in the city, at the annual city election to be held therein, by general election of the electors of the several wards, three overseers of the poor, two of whom shall be taken from the portion of the city constituting the first seven wards, and the other from the portion thereof constituting the eighth and ninth wards. There shall also be elected in like manner, three commissioners and three inspectors of common schools, one of which commissioners and one of which inspectors shall be taken from the last mentioned portion, and the others from the first mentioned portion of the city. All the provisons of the Revised Statutes, and of any acts amendatory thereof, in relation to the relief and support of indigent persons and of common schools, which now apply to the town or village of Brooklyn, shall be deemed to apply to the city of Brooklyn. The common council shall be and are hereby constituted a board of auditors in lieu of the board of town auditors, and they shall have power to require the exhibition and rendering of books and accounts to them from time to time.

$66. The provisions of the act entitled "An act to reduce the law incorporating the village of Brooklyn, and the several acts amendatory thereof, into one act, and to amend the same," passed April 3d, 1827, which relate to the organization of the municipal court, the proceedings therein, and the jurisdiction and powers of the justices thereof, and all subsequent acts and parts of acts relating to the said court, or the justices thereof, shall be deemed to apply and are made applicable to the city of Brooklyn; and the said court, as now organized in and for the said

village, shall continue such in and for the city of Brooklyn, subject to the said provisions, acts and parts of acts, except as is hereinafter otherwise directed; and the powers now vested in the trustees of the said village in relation to the same, are hereby transferred, subject to the like exception, to the common council of the said city.

port fees.

municipal

$ 67. The clerk of the said court shall, on the first Mon- Clerk to re day of June in each year, and semi-annually thereafter, make a return under oath to the common council of the said city, of the fees received in the said court, specifying therein separately the amount received in each suit. $68. The justices of the municipal court shall have all Justices of the powers in criminal proceedings of justices elected in court. the several towns in this state. The common council shall provide an office or suitable place, where it shall be the duty of the said justices or of one of them, to attend at such time in the morning and during such hours in the day as the said common council shall fix for that purpose, to hear complaints, take examinations, and commit or discharge all persons arrested during the night and detained in the watch-house.

lic buildings.

$ 69. The common council shall have power to call Luts for pub meetings of the freeholders and inhabitants of the said city, at such time and place as they may think proper, by giving eight days notice thereof; and it shall be lawful for the taxable inhabitants at any such meeting, to direct a sum of money to be raised for purchasing a lot or lots of land in the said city, (the title of the same to be taken in the name of the mayor and common council of the city of Brooklyn,) and of erecting thereon any public buildings which may be required for the said city, or for purchasing or hiring a lot or lots of land as aforesaid, with a building or buildings already erected thereon, to be appropriated to the same purposes; which sum so directed to be raised shall be assessed, levied and collected in the same manner as other moneys are assessed, levied and collected in the said city for general city purposes, and when collected, the same shall be paid into the city treasury.

$70. All the estate, real and personal, vested in or be- Real estate. longing to the president and trustees of the village of Brooklyn, or to the town of Brooklyn, at the time this act shall take effect as a law, shall be, and is hereby declared to be, vested in the mayor and common council of the city of Brooklyn.

$71. All debts, charges, claims and responsibilities, for Debts. which the village of Brooklyn may be now liable, except for the expense of building the public market therein, shall be paid by the owners of lands and inhabitants with