members. Each Board shall appoint a President from its own body; shall choose its Clerk and other officers; determine the rules of its own proceedings; be the judge of the election returns and qualifications of its own members; keep a journal of its proceedings, and have power to direct special elections to fill its own vacancies; to compel the attendance of members; to punish them for disorderly conduct, and expel a member by a vote of two-thirds of all the members elected, after five days' notice, and opportunity of being heard has been given to him; but such resolution of expulsion shall be of no effect unless it contain a provision for a special election within two weeks thereafter to supply such vacancy; provided, however, that such special election shall not be ordered unless there be at least two months of the term of the expelled member unexpired. The Clerk of the Board of Aldermen shall, by virtue of his office, be Clerk of the Common Council, and shall perform all the dutics heretofore performed by the Clerk of the Common Council, except such as shall be assigned to the Clerk of the Board of Assistant Aldermen ; and it shall be his duty to keep open for inspection, at all reasonable times, the records and minutes of the proceedings of the Common Council, except such as shall be especially ordered otherwise. The two Boards shall have concurrent powers, and a negative on each other's proceedings, and shall in all cases act as separate bodies, and shall not appoint Joint Committees, except a Committee on Accounts. Each Board may originate, amend, concur in, or reject any law, ordinance, or resolution; but no law shall pass either Board, except by a majority of the members elected. Neither Board shall adjourn for a longer period than three days, except by a resolution, to be concurred in by the other body.

§ 5. It shall be the duty of the Clerks of the respective Boards, to publish all ordinances, and amendments of ordinances which shall be passed, and also the proceedings, in the newspapers employed by the Corporation, except such parts as may require secrecy; and whenever a vote shall be taken in either Board, upon the passage of a resolution or ordinance which shall contemplate any specific improvement, or involve the sale, disposition or income therefrom, or lay any tax or assessment, such resolution or ordinance shall, before the same shall be sent to the other Board, and immediately after the adjournment of the Board, at which the same shall have been passed, be published with the ayes and noes, with the names of the persons voting for and against the same in at least two newspapers, as a part of the proceedings; and no act, resolution, or ordinance which shall have passed one Board, shall be acted upon by the other Board on the same day, unless by unanimous consent, except in case of invasion, insurrection, or pestilence.

§ 6. If any ordinance or resolution passed by each Board, as provided by sections twelve and thirteen of the amended charter of one thousand eight hundred and thirty, shall not be returned by the Mayor within ten days (Sundays excepted) after it shall have been presented to him, the same shall become a law in like manner as if he had signed it, unless the close of the session of the Common Council shall prevent its return, in which case it shall not be a law until the expiration of five days after the commencement of the next session of the Common Council, by whom the ordinance or resolution shall be reconsidered, if returned within such time, and be disposed of in the same manner, and with the like effect, as if presented at the preceding session.

§7. No money shall be drawn from the city treasury, except the same shall have been previously appropriated to the purpose for which it is

drawn; and all appropriations shall be based upon specific and detailed statements, in writing, of the several heads of the departments, through the Comptroller.

§ 8. The Board of Assistant Aldermen shall have the sole power of impeachment of all city officers, not otherwise provided for, and pending such impeachment, and until the final disposition thereof, the party impeached shall not exercise any of the functions of his office. The Board of Aldermen shall have the sole power to try all impeachments; when sitting for that purpose, they shall be on oath or affirmation, truly and impartially to try the impeachment, according to evidence; and no person shall be convicted without the concurrence of two-thirds of all the members elected to said Board. Judgment, in case of impeachment, shall not extend farther than removal from office and disqualification to hold any office under the city charter; but the party convicted shall be liable to indictment, trial, judgment and punishment according to law.

§ 9. The executive power of the Corporation shall be vested in the Mayor, the heads of departments, and such other executive officers as shall be, from time to time, created by law, and neither the Common Council nor any Committee or member thereof, shall perform any executive business whatever, except such as is, or shall be, especially imposed on them by the laws of the state, and except that the Board of Aldermen may approve or reject the nominations made to them, as hereinafter provided.

§ 10. There shall continue to be an Executive Department, which shall be known as the "Police Department," and the Mayor of the city shall be the head officer thereof. There shall be a bureau in this department, and the chief officer thereof shall be denominated the "Chief of Police." § 11. There shall be an Executive Department, which shall be denominated "the Department of Finance," which shall have control of all the fiscal concerns of the Corporation, and shall prescribe the forms of keeping and rendering all city accounts whatever, and all accounts rendered to or kept in the several departments of the city government, shall be subject to the inspection and revision of the officers of this department. It shall settle and adjust all claims whatsoever by the Corporation or against them, and all accounts whatsoever, in which the Corporation is concerned, either as debtor or creditor. The chief officer of this department shall be called "the Comptroller of the City of New York." There shall be a bureau in this department for the collection of the revenue accruing from taxes, the chief officer thereof shall be called the "Receiver of Taxes," who shall nominate, and with the advice and consent of the Board of Aldermen, appoint so many Clerks as shall be authorized by the Common Council; provided that nothing in this act contained shall be held to interfere with the tenure of office of the present Receiver of Taxes and Deputy Receiver of Taxes, as established by the act passed April 11, 1848. There shall be a bureau in this department, for the collection of the revenue accruing from rents and interest on bonds and mortgages, and for the performance of such other duties as may be directed by the Common Council, the chief officer of which shall be called the " Collector of the City Revenue." There shall be a bureau in this department for the reception of all moneys paid into the treasury of the city, and for the payment of moneys therefrom on the warrant drawn by the Comptroller, and countersigned by the Mayor and Clerk of the Common Council, and the chief officer thereof shall be called the "Chamberlain of the City of New York."

§12. There shall be an Executive Department under the denomination of the Street Department," which shall have cognizance of opening, regulating and paving streets; building and repairing wharves and piers;

digging and building wells, and the construction of public roads, when done by assessment; the filling up of sunken lots, under ordinances of the Common Council from the City Inspector's Department. It shall also have cognizance of collecting the assessments connected with such expenditures; the chief officer shall be called the "Street Commissioner." There shall be a bureau in this department, for the collection of assessments, and the chief officer thereof shall be called the "Collector of Assessments," and his assistants, "Deputy Collectors." There shall be a bureau in this department, the chief officer of which shall be called the "Superintendent of Wharves."

§ 13. There shall be an Executive Department, to be denominated the department of "Repairs and Supplies," which shall have cognizance of all repairs and supplies of and for roads and avenues, public pavements, repairs to public buildings, to fire engines and apparatus of Fire Department, and the chief officer thereof shall be called the "Commissioner of Repairs and Supplies." There shall be four bureaux or branches in this department, and the chief officers shall be respectively denominated the "Superintendent of Roads," "Superintendent of Repairs to Public Buildings,' 'Superintendent of Pavements," and "Chief Engineer of the Fire Department.'

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§ 14. There shall be an Executive Department, to be denominated the "Department of Streets and Lamps," which shall have cognizance of procuring the necessary supplies for, and of lighting the public streets and places, lighted at the expense of the Corporation; and of cleaning the public streets, and collecting the revenue arising from the sale of manure, and also of the transferring of butchers' stalls in the public markets. The chief officer thereof shall be denominated the "Commissioner of Streets and Lamps." There shall be three bureaux in this department, and the chief officers thereof shall be called the "Superintendent of Lamps and Gas," 'Superintendent of Streets," and " Superintendent of Markets" § 15. There shall be an Executive Department, under the denomination of the "Croton Aqueduct Board," which shall have charge of the Croton Aqueduct, and all structures, and works, and property connected with the supply and distribution of water to the City of New York, and the underground drainage of the same; and of the public sewers of said city; and the collection of the revenues arising from the sale of the water, with such other powers and duties as shall or may be prescribed by law The chief officers thereof shall be called the President, Engineer and Assistant Commissioner, who, together, shall form the Croton Aqueduct Board, and hold their offices for five years. There shall be a bureau in this department for the collection of the revenues derived from the sale of the water, and the chief officer thereof shall be called the "Water Register."

§ 16. There shall be an executive department, under the denomination of 66 City Inspector's Department," which shall have cognizance of all matters relative to the public health of said city, and the chief officer thereof shall be called the "City Inspector."

§ 17. There shall be an Executive Department, known as the "Almshouse Department," which shall have cognizance of all matters relating to the Alms-house and prisons of said city; the chief officers thereof shall be called the "Governors of the Alms-house." They shall consist of the number, derive and hold their offices, and be charged with the duties, powers and responsibilities as prescribed by the act entitled "An act to provide for the government of the Alms-house and Penitentiary, in the City and County of New York."

§ 18. There shall be an Executive Department, known as the "Law Department," which shall have the charge of, and conduct all the law business of the Corporation, and of the departments thereof, and all other law business in which the city shall be interested, when so ordered by the Corporation; and shall have the charge of, and conduct the legal proceedings necessary in opening, widening or altering streets; and draw the leases, deeds, and other papers connected with the Finance Department, and the chief officer thereof shall be called the "Counsel to the Corporation." There shall be a bureau in this department, the chief officer of which shall be denominated the " Corporation Attorney." There shall be a bureau in this department, the chief officer of which shall be called the "Public Administrator."

§ 19. It shall be lawful for the Common Council of said city to establish such other departments and bureaux as they may deem the public interest may require, and to assign to them and those herein created, such duties as they may direct, not inconsistent with this act; but no expense shall be incurred by any of the departments or officers thereof, whether the object of expenditure shall have been ordered by the Common Council or not, unless an appropriation shall have been previously made concerning such expense; and no member of the Common Council, head of department, chief of bureau, deputy thereof, or clerk therein, or other officer of the Corporation, shall be directly or indirectly interested in any contract, work, or business, or the sale of any article, the expense, price or consideration of which is paid from the city treasury, or by any assessment levied by any act or ordinance of the Common Council, nor in the purchase of any real estate or other property belonging to the Corporation, or which shall be sold for taxes or assessments.

§ 20. The heads of departments, except the Croton Aqueduct Board, shall be elected every three years by the people. In case of vacancy of any of said heads of departments, by removal from office or otherwise, the Mayor, by and with the advice and consent of the Board of Aldermen, shall appoint a person to fill the same until the vacancy shall be filled by the electors at the next charter election. The heads of departments shall nominate, and by and with the consent of the Board of Aldermen, appoint the heads of bureaux in their several departments, except the Chamberlain of the city of New York, the Receiver of Taxes, and the Chief Engineer of the Fire Department. The heads of departments shall also in like manner appoint the clerks in their immediate offices. The heads of bureaux shall nominate, and with the consent of the Board of Aldermen, appoint all clerks in their respective bureaux. The Mayor shall nominate, and by and with the consent of the Board of Aldermen, appoint the Chamberlain of the city of New York, the chief officers of the Croton Aqueduct Department, and the Receiver of Taxes. The Chief of the Fire Department shall be elected in the same manner as is now, or may hereafter be prescribed by law. The number of officers and clerks in the several departments shall be prescribed by the Common Council. The terms of all charter officers, not prescribed by law of the state, shall be fixed by the Common Council. All officers whose appointments are not otherwise provided for, shall be elected or appointed in such manner as the Common Council shall by law prescribe. Any officer of the city government, except the Mayor and members of the Common Council, may be removed from office by concurrent resolution of both branches of the Common Council; provided that no removal shall take place until the party sought to be removed has had an opportunity to be heard in his defence, and unless two-thirds of the whole number of both branches vote

therefor; and provided, also, that the cause of such removal shall be entered at large upon the journals of both branches of the Common Council. Any head of the department may remove any clerk in his department, or any bureau thereof, with the consent of the Mayor.

§ 21. The several Executive Departments, and the officers and clerks thereof, shall be subject to the legislative regulation and direction of the Common Council, so far as the same shall not be inconsistent with this act; and the duties thereof shall be performed in accordance with the charter and laws and ordinances of the city. The Mayor, and each Board of the Common Council, may at any time require the opinion in writing. of the head of any department, upon any subject relating to his department, or any information possessed by him in relation thereto. And every head of department shall report in writing to the Common Council, at the commencement of each stated session, the state of his department, with such suggestion in relation to the improvement thereof, and to the public business connected therewith, as he may deem advisable,

§ 22. Whenever a vacancy shall occur in the office of Assessor, by death, removal from the ward, resignation, or otherwise, the Board of Assessors shall fill the same by the appointment of a citizen of the ward in which the vacancy shall occur, until the vacancy shall be supplied by the electors of the ward, at the next election. And all assessments and awards shall

be open to public inspection at least twenty days, by public notice thereof, before being certified to the proper department; and the assessments made by the assessors for all taxes, shall be made between the first day of January and the first day of April in each year.

§ 23. All contracts to be made or let by authority of the Common Council, for work to be done or supplies to be furnished, and all sales of personal property in the custody of the several departments or bureaux, shall be made by the appropriate heads of departments, under such regulations as shall be established by ordinances of the Common Council. Every person elected or appointed to any office under the city government, shall take and subscribe an oath or affirmation before the Mayor, faithfully to perform the duties of his office, which oath or affirmation shall be filed in the Mayor's office.

§ 24, All officers or other persons to whom the receipts or expenditures of the funds 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 by ordinance prescribe, which shall be annually renewed. No security shall be deemed canceled or lost for want of renewal or re-appointment.

§ 25. Any officer of the city government, or person or persons employed in any department thereof, who shall wilfully violate any of the provisions of this charter, or commit any fraud, 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 wilfully swear falsely in any oath or affirmation required by this act, shall be guilty of perjury.

§ 26. The first election of officers to be elected under this act, shall be held at the next general state election. The Mayor who shall be elected at the charter election, on the second Tuesday in April, one thousand eight