§ 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 city 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 shall 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 street, 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 Almshouse, whose terms of office may expire with the present 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 anything 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 penitentiary 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 particular 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 Almshouse, 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, conduct 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 thereby. 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, the twentieth day of April, in the year one thousand eight hundred and fifty-seven.

N. P. STANTON,

Dep. Sec. of State.