established by ordinance of the Common Council, unless, by a vote of three-fourths of the members elected to each Board, it shall be ordered otherwise; and all contracts shall be entered into by the appropriate heads of departments, and shall be founded on sealed bids or proposals made in compliance with public notice advertised in such of the newspapers of the city as may be employed by the Corporation for the purpose; said notice to be published for at least ten days in each of the daily newspapers so employed; and all such contracts, when given, shall be given to the lowest bidder, the terms of whose contract shall be settled by the Corporation Counsel as an act of preliminary specification to the bid or proposal, and who shall give security for the faithful performance of his contract in the manner prescribed and required by ordinance; and the adequacy and sufficiency of this security shall, in addition to the justification and acknowledgment, be approved by the Comptroller. All bids or proposals shall be publicly opened by the officers advertising for the same, and in the presence of the Comptroller. If the lowest bidder shall neglect or refuse to accept the contract within forty-eight hours after written notice that the same has been awarded to his bid or proposal, it shall be readvertised and relet as above provided. All property sold under the authority of the Common Council shall be sold at auction, after previous public notice, under the superintendence of the appropriate head of department. Every contract, when made and entered into as before provided for, shall be executed in duplicate, and shall be filed in the Department of Finance; a receipt for each payment made on account of, or in the satisfaction of, the same shall be indorsed on the said contract by the party receiving the warrant; which warrant shall be only given to the person interested in such contract, or his authorized representative. The proceeds of all sales, made under and by virtue of this section, shall be by the officer receiving the same immediately deposited with the City Chamberlain, and the account of sales, verified by the officer making the sale, shall be immediately filed in the office of the Comptroller. No expenditure for work or supplies, involving an amount for which no contract is required, shall be made, except the necessity therefor be certified to by the head of the appropriate department, and the expenditure be as authorized by the Common Council.

§ 39. Every person, elected or appointed to any office under the city government, shall, on or before the 1st day of January next succeeding each election, or within five days after notice of such appointment, take and subscribe an oath or affirmation, faithfully to perform the duties of his office; which oath or affirmation shall be filed in the Mayor's office.

§ 40. Any officer of the city government, or person employed in its service, who shall willfully violate or evade any of the provisions of this charter, or commit any fraud upon the city, 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 willfully swear falsely in an oath or affirmation required by this act, shall be guilty of perjury.

§ 41. All ferries, docks, piers and slips shall be leased; and all leases and sales of public property and franchises (other than grants of land under water, to which the owners of the upland shall have a pre-emptive 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 accommodations. All persons acquiring any ferry lease, or other franchise or grant 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 or grantees, actually necessary for the purposes of such ferry grant or franchise. Previous notice of all sales referred to in this section shall be given, under the direction of the Comptroller, in the newspapers employed by the Corporation, and for thirty days in each of the daily newspapers so employed.

§ 42. No money shall be expended by the Corporation for any celebration, procession or entertainment of any kind, or on any occasion, unless by the votes of three-fourths of all the members elected to each Board of the Common Council.

§43. The Common Council are hereby authorized and directed to make all necessary arrangements for the conduct and regulation of all elections authorized under the provisions of this act, and in conformity, as far as may be, to the general election laws, except as herein otherwise provided.

§ 44. No officer under this charter, except the Collector of City Revenue, Collector of Assessments, Clerk of Arrears, Counsel to the Corporation, or Inspector of Vessels, shall have or receive from the Corporation or City Treasurer any perquisites or any compensation or commission for his services, except a salary, except that the City Inspector may receive to his own use such portion of the fees, allowed for recording births and marriages, as are or may be prescribed by law. The salaries of all officers provided for by this act, or that may be created by the Common Council in pursuance of this act, shall be prescribed by ordinance to be passed by the Common Council, and approved as herein before provided, for the approval of all ordinances, for raising and appropriating the money or disposing of the property of the city; and any fees that now are, or hereafter may be provided for any officer under this charter, except as aforesaid, shall, on the receipt thereof, be paid by such officer into the city treasury. No member of the Common Council shall receive any compensation for his services as such member.

§ 45. All officers or other persons, to whom the receipts or expenditures of the city, or fees or funds payable into the city treasury, shall be intrusted, shall give sufficient security for the faithful performance of their duty in such form and amount as the Common Council may prescribe, which shall be annually renewed.

§ 46. No additional allowance, beyond the legal claim, under any contract with the Corporation, or for any services on its account, or in its employment, shall ever be allowed.

§ 47. No bid 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 surety or otherwise, upon any obligation to the Corporation.

§ 48. No Alderman shall hereafter sit or act as Judge of the Court of Oyer and Terminer, or in the Courts of General or Special Sessions in the eity and county of New York; but this section shall not prevent his exercising the power of 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. Courts of Oyer and Terminer, in and for the city and county of New York, may be held by a Justice of the Supreme Court and the Court of General Sessions in and for the said city and county, by the Recorder or City Judge of the said city and county; of Special Sessions therein, by any two Police Justices of said city; and, when either of the said Courts shall be held as aforesaid, all the powers and jurisdiction appertaining by law to each of said Courts shall be possessed and exercised by the officer or officers holding the

same.

§ 49. The Grand Jury of the county may present any officer other than Mayor, Counsel to the Corporation, or Comptroller, created by or holding office under this charter, but only upon testimony from witnesses who are personally cognizant of the facts they testify to, and after the person so charged shall have had a reasonable opportunity to appear before said Grand Jury in person, in explanation thereof. This presentment may charge such officer with willful and fraudulent omission of duty, or commission of any official act prohibited by law. It shall be filed with the Clerk of the Court to which the presentment is made. A copy shall be served upon the officer presented as aforesaid, who shall be required to plead thereto as an indictment. If he admit the charges of the presentment so filed and served, the Court shall declare his office vacant. If he deny them, the said presentment shall be tried in the same manner as an indictment. If the jury convict him of any charge contained in the presentment, the Court shall then declare his office vacant. The Court shal order its declaration, if the person so presented shall be found guilty, to be entered on its minutes, and a copy thereof filed with the Clerk of the Common Council, and thereupon the said office shall become vacant, and the person so convicted shall forever be disqualified from holding any office, not elective, under the city charter.

§ 50. The city of New York shall be divided into seventeen Aldermanic districts, as follows:

The first district shall consist of all that part of the city south of a line drawn from the Hudson river through the middle of Chambers street to the middle of Duane street, down the middle of Duane street to Rose street, down the middle of Rose street to Frankfort street, down the middle of Frankfort street to Pearl street, down the middle of Pearl street to Dover street, and down the middle of Dover street to the East river.

The second district shall be bounded southerly by first district, then up the middle of Broadway, from Chambers to Franklin street, down the centre of Franklin to Baxter street, up the centre of Baxter to Bayard street, through the centre of Bayard to Bowery, down the centre of Bowery to Catharine street, and down the centre of Catharine street to East river, and east by the river.

The third district shall be bounded southerly by the first district, then up the middle of Broadway from Chambers street to Spring street, through the middle of Spring street to Hudson river, and bounded west by the river.

The fourth district shall be bounded southerly by second district, then up the middle of Broadway from Franklin to Grand street, through the centre of Grand street to Clinton street, down the centre of Clinton street to East river, and east by the river.

The fifth district shall be bounded southerly by the third district, then by a line drawn up the middle of Broadway from Spring street to Fourth street; thence through the centre of Fourth street to Christopher street, and through the centre of Christopher street to Hudson river, and bounded west by the river.

The sixth district shall be bounded southerly by the fourth district, then by a line drawn up the middle of Broadway from Grand street to Houston street, then down the middle of Houston street to Clinton* street, and down the middle of Clinton street to Grand street.

The seventh district shall be bounded southerly by the fifth district, then by a line drawn up the middle of Broadway from Fourth to Fourteenth street, and through the centre of Fourteenth street to Hudson river, and west by the river.

The eighth district shall be bounded south and east by the East river, on the west and north by a line drawn from the river up the middle of Clinton street to Houston street, and down the middle of Houston street to said river.

The ninth district shall be bounded southerly by the seventh district, and then by a line drawn through the middle of Sixth avenue from Fourteenth street to Twenty-sixth street, and then through the centre of Twenty-sixth street to Hudson river, and west by the river.

The tenth district shall be bounded on the south by the sixth district;

So in the original.

thence by a line drawn through the middle of Broadway from Houston street to Fourteenth streeet, down the middle of Fourteenth street to avenue A, and down the middle of avenue A to Houston street.

The eleventh district shall be bounded southerly by the ninth district; thence by a line drawn through the middle of Sixth avenue from Twentysixth street to Fortieth street, and through the centre of Fortieth street to Hudson river, and west by said river.

The twelfth district shall be bounded southerly by the middle of Houston street; thence by a line drawn up the middle of avenue A, from Houston street to Fourteenth street, and down the middle of Fourteenth street to the East river, and east by said river.

The thirteenth district shall be formed of the territory now known as the Twenty-second Ward.

The fourteenth district shall be bounded by a line commencing at the intersection of Fourteenth street with the East river; thence through the centre of Fourteenth street to the Sixth avenue; thence through the centre of Sixth avenue to Twenty-sixth street; thence through the centre of Twenty-sixth street to the East river, and easterly by said river.

The fifteenth district shall be bounded southerly by the fourteenth district; thence through the centre of Sixth avenue from Twenty-sixth street to Fortieth street; thence through the centre of Fortieth street to the East river, and easterly by said river.

The sixteenth district shall comprehend the territory now known as the Nineteenth Ward.

The seventeenth district shall comprehend the territory now known as the Twelfth Ward, being that portion of the city of New York north of the centre of Eighty-sixth street.

§ 51. The Mayor, Aldermen, and Councilmen, provided for in this act, shall be elected at the first election for charter officers, to be held after the passage hereof, which election shall take place on the first Tuesday of December eighteen hundred and fifty-seven; all persons who shall have been elected under former laws, regulating or affecting the election of charter officers, and shall be in office at the time of the passage of this act, shall continue in office until the officers elected under this act shall take office, and no longer, except that the offices of Commissioner of Repairs and Supplies, and of Commissioner of Streets and Lamps, are hereby abolished, and except that the persons now filling the several offices of Comptroller, Counsel to the Corporation, Street Commissioner, and City Inspector, and the officers of the Croton Aqueduct Department, shall continue in office until the expiration of their several terms, and shall not be removed from office during such continuance, except for the cause and in the manner provided for in sections 20 and 49 of this act, and all other charter officers, and all school officers, and each governor of the Alms-house, whose terms of office may expire with the present