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AN ACT TO AMEND THE CHARTER OF THE CITY OF NEW YORK.

PASSED APRIL 14, 1857, THREE-FIFTHS BEING PRESENT.

The People of the State of New York, represented in Senate and Assem

bly, do enact as follows : Sec. 1. The Corporation now existing, and known by the name of “ The Mayor, Aldermen and Commonalty of the city of New York,” shall continue to be a body politic and corporate, in fact and in name, by the same name, and shall have perpetual succession, with all the grants, powers, and privileges heretofore had by “ The Mayor, Aldermen and Commonalty of the city of New York."

§ 2. The legislative power of the said Corporation shall be vested in a Board of Aldermen and a Board of Councilmen, who together shall form the Common Council of the city of New York.

§ 3. The Board of Aldermen shall consist of one Alderman to be elected from each district in the city and county of New York, as hereinafter provided for. The members of the Board of Aldermen first elected under this act shall be classified as follows: The Aldermen from districts having an odd numerical designation shall hold such office for the term of one year, and those from districts having an even numerical designation shall hold such office for the term of two years. At all subsequent elections for Aldermen, they shall be elected for the term of two years.

§ 4. There shall be six Councilmen elected from each senatorial district in the city of New York, as the same now are, or may hereafter be, constituted, by general ticket, in each of said districts; and the persons so

elected from each of said senatorial districts shall together form the Board of Councilmen for the said city. The Councilmen shall be chosen for one year.

§ 5. No person shall be eligible to the office of Alderman or Councilman, who shall not, at the time of his election, be a resident of the district, from which he is chosen.

§ 6. Each Board of the Common Council shall have power to direct a special election to be held, to supply the place of any member whose seat shall become vacant by death, removal from the city, resignation, or otherwise ; and in either case the person elected to supply the vacancy shall hold his seat only for the residue of the term of office of his immediate predecessor.

§ 7. The Boards shall meet in separate chambers, and a majority of either shall be a quorum to do business. Each Board shall appoint a President from its own body, and shall choose its clerk and other officers, determine the rules of its own proceedings, and be the judge of the election returns and qualifications of its own members. Each Board shall keep a journal of its proceedings, and its doors shall be kept open, except when the public welfare shall require secrecy; and all resolutions and reports of Committees, which shall recommend any specific improvement, involving the appropriation of public moneys, or the taxing or assessing the citizens of the city, shall be published immediately after the adjournment of the Board, under the authority of the Board, in all the newspapers employed by the Corporation, and shall not be passed or adopted until after such notice has been published at least two days; and whenever a vote is taken in relation thereto, the ayes and noes shall be called, and published in the same manner.

§ 8. Each Board shall have the authority to compel the attendance of absent members, to punish its members for disorderly behavior, and to expel a member with the concurrence of two-thirds of the members elected to the Board ; and the member so expelled shall, by such expulsion, forfeit all his rights and powers as an Alderman or Councilman, and no Alderman or Councilman shall be questioned in any other place for any speech or vote in either Board.

§ 9. The stated and occasional meetings of each Board of the Common Council shall be regulated by its own ordinances; and both Boards may meet on the same or on different days, as they may severally judge expedient.

§ 10. Any person holding office under this charter, who shall, during his term of office, accept, hold, or retain any other civil office of honor, trust, or emolument, under the Government of the United States, or under this charter, or who shall, during his said term of office, receive any fees or emoluments, directed to be paid by any ordinance of the Common Council, except as is hereinafter provided, shall be deemed thereby to have vacated his office.

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