CHAP. 68.

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

PASSED APRIL 3, 1863, THREE-FIFTHS BEING PRESENT.

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

SEC. 1. The terms of office of the several heads of departments of the Corporation of the city of New York, holding office by appointment under the charter of the said city, shall hereafter be four years, and until their successors have been duly appointed and qualified. The several heads of departments of said Corporation, now in office by appointment under said charter, shall hold office for four years from the dates of their respective appointments, and until their successors have been duly appointed and qualified, except the present chief officers of the Croton Aqueduct Board, who shall continue to hold their offices for four years from the date of the appointment of the present Assistant Commissioner of said Board, and until their successors shall have been duly appointed and qualified. Such heads of departments shall hereafter be subject to the removal from office only for the causes and in the manner now provided by law for the removal of the Comptroller of said city.

§ 2. This act shall take effect immediately.

EXTRACT FROM CHAPTER FOUR HUNDRED AND FIVE, SECTION SEVEN, OF THE LAWS OF THIS STATE.

PASSED APRIL 25, 1864.

SEC. 7. It shall not be lawful for the President of the Board of Aldermen, when acting as Mayor, as provided by the Charter of the city of New York, in case of the sickness or absence of the Mayor from the city, to sign or approve of any act, resolution, or ordinance which shall have been adopted by the Common Council, or either Board thereof, or to nominate or appoint any person to hold office as a Head of Department, or as City Chamberlain, unless the sickness, disability, or absence of the Mayor shall have continued at least three days, exclusive of Sundays and legal holidays.

AN ACT

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

PASSED APRIL 15, 1837, 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 Can

vassers.

§ 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,

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 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.

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

VISORS

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 the 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, the Mayor of said city shall appoint, as a Supervisor, the person who received the highest number of votes for Supervisor, next to the votes received by the Supervisor having the return of the Board of County Canvassers, as having been elected at the election last held.

§ 2. The second section of the said act is hereby amended so as to read as follows:

The vote of seven of the members of the said Board of Supervisors in the affirmative, or in favor thereof, shall be necessary to pass any ordinance or resolution appropriating money, or to fill any vacancy in said Board, or to do any act or thing, except to adjourn from day to day; and every act, ordinance, or resolution, which shall have passed the said Board of Supervisors, except such as levy any special tax or taxes, or fill a vacancy in said Board, 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 papers of the city of New York.

§ 3. In case of any vacancy in said Board by death, resignation, or otherwise, the same shall be supplied by the remaining members thereof, and the person thus appointed shall hold his office as a member of said Board for the unexpired term of the member thereof in whose place he shall have been appointed.

§ 4. This act shall take effect immediately.