municipal year, shall be also elected on the day before provided for by this section.

§ 52. Every person who shall promise, offer, or give, or cause, or aid, or abet, in causing to be promised, offered, or given, or furnish, or agree to furnish, in whole or in part, to be promised, offered, or given to any member of the Common Council, or any officer of the Corporation, after his election as such member, or before, or after he shall have qualified and taken his seat, any moneys, goods, right in action, or other property, or any thing of value, or any pecuniary advantage, present and prospective, with intent to influence his vote, opinion, judgment, or action on any question, matter, cause, or proceeding which may be then pending, or may, by law, be brought before him, in his official capacity, shall, upon conviction, be imprisoned in a penitenitary for a term not exceeding two years, or shall be fined not exceeding five thousand dollars, or both, in the discretion of the court. Every officer in this section enumerated, who shall accept any such gift, or promise, or undertaking, to make the same, under any agreement or undertaking, that his vote, opinion, judgment or action shall be influenced thereby, or shall be given in any par ticular 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 Alms-house, 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 hereinbefore 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, con duct 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 forty-nine, 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 inconsistent 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 hereby. 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.

STATE OF NEW YORK,

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. S.]

Given under my hand and seal of office, at the city of Albany, this twentieth day of April, in the year one thousand eight hundred and fifty-seven.

N. B. STANTON,

Dep. Sec. of State.

AN ACT

RELATING TO THE BOARD OF SUPERVISORS OF THE CITY OF NEW YORK.

PASSED APRIL 15, 1857, 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.

§ 4. If the Mayor shall not return any act, resolution or ordinance so

presented to him, within the time above limited for that purpose, it shall take effect in the same manner as if he had signed it.

§ 5. No money shall be drawn from the treasury, except the same shall have been previously appropriated to the purpose for which it is drawn ; and no expense shall be incurred, whether it shall have been ordered by the Board or not, unless an appropriation of money, then in the treasury, sufficient to cover such expense, shall have been previously made.

§ 6. The Finance Department of the Mayor, Aldermen and Commonalty of the city of New York, and its officers, shall have the like power, and perform the like duties, in regard to the fiscal concerns of said Board, as they possess in regard to the local concerns of the said Mayor, Aldermen and Commonalty. All moneys drawn from the treasury, by authority of the Board of Supervisors, shall be upon vouchers for the expenditure thereof, examined and allowed by the Auditor, and approved by the Comptroller; and no such moneys shall be drawn therefrom, except on a warrant drawn by the Comptroller, and countersigned by the Mayor and Clerk of the Board, and no other warrant shall be necessary for such purpose.

§ 7. No allowance or payment, beyond legal claims, shall ever be allowed by the Board.

§ 8. The members of the Board of Supervisors, when attending as members of the Board of County Canvassers, shall not receive compensation for a greater period than ten days, for canvassing the votes of any election; nor shall any person receive any compensation for services as a Supervisor of the said county of New York.

§ 9. The Counsel to the Corporation of the City of New York shall be the legal adviser of the said Board of Supervisors, and shall receive such compensation for his services as shall be fixed by said Board, not exceeding the sum of two thousand dollars per annum.

§ 10. This act shall take effect immediately.

STATE OF NEW YORK, I have compared the preceding with the original

Secretary's Office.

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 Albany, the first day of May, in the year one thousand eight hundred and fifty-seven.

N. P. STANTON,

Dep. Sec. of State.

AN ACT

TO AMEND AN ACT ENTITLED "AN ACT RELATING TO THE BOARD OF SUPERVISORS OF THE COUNTY OF NEW YORK," PASSED APRIL FIFTEENTH, EIGHTEEN HUNDRED AND FIFTY-SEVEN.

PASSED APRIL 17, 1858, THREE-FIFTHS BEING PRESENT.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SEC. 1. The first section of the act entitled An act relating to the Board of Supervisors of the county of New York," passed April fifteenth, eighteen hundred and fifty-seven, is hereby amended to read as follows: 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; the members now composing the said Board of Supervisors shall continue to be members thereof, as hereinafter mentioned; on or before the first Monday of May, eighteen hundred and fifty-eight, the present members of said Board shall meet at their usual place of meeting in said county, and the six members thereof, elected by the votes of the electors, shall then and there, in the presence of the Mayor of said city, classify themselves, respectively, by lot, into six classes, and the six members of said Board appointed in December, eighteen hundred and fifty-seven, by the Mayor of said city, shall also classify themselves respectively, at the same time and place, and in the same presence and manner, into six classes; the term of office of the two members of the first class shall expire on the thirty-first day of December, eighteen hundred and fifty-eight; the term of office of the two members of the second class shall expire on the thirty-first day of December, eighteen hundred and fifty-nine; the term of office of the two members of the third class shall expire on the thirtyfirst day of December, eighteen hundred and sixty; the term of office of the two members of the fourth class shall expire on the thirty-first day of December, eighteen hundred and sixty-one; the term of office of the two members of the fifth class shall expire on the thirty-first day of December, eighteen hundred and sixty-two; and the term of office of the two members of the sixth class shall expire on the thirty-first day of December, eighteen hundred and sixty-three. At the general election to be held in the city of New York in this year, and at every succeeding general election, two Supervisors shall be voted for upon a separate general ticket, but only one name for Supervisor shall be on any one ticket, and any ticket, having thereon more than one name for Supervisor, shall not be counted. The person having the highest number of votes shall be declared elected by the Board of County Canvassers, who shall canvass the votes, and all the provisions of law relating to the election of county officers in said county are hereby applied to the election of Supervisors. On or before the fourth Wednesday of December, in each and every year,