The New York Herald Newspaper, February 3, 1870, Page 4

4 NRW CITY CHARTER. Enlarged Powers of the Mayor and Common Council, Board of Aldermen to be Elected on a Genera] Ticket. Mayor, Comptroller and Corporation Counsel to be Elected for a Term of Four Years. All Other Heads of Departments to be Ap- pointed, Suspended, or Removed at Pleasure by the Mayor. All the Metropolitan Commissions Retained as Departments. Police, Health, Fire, Street and Croton Board Commissioners t> be Appointed Within Twenty Days After the Passage of the Act. Free Lager on Sundays and Whicksy Through the Back Doors. An Act to Reorganize the Locn] Goverament of the City ef New York. The People of the State of New York. represented in Senate and Assembly, do enact as follows. ARTICLE FIRST. The Corpormo Powers. SxcTIox 1. The Corporation now existing and Known by the name of * The Mayor, Aldermen and Commonalty of the city of New York’? sball continue fo 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and privileges heretofore heid by the Mayor, Aldermen and Com- monalty of the ciry of New York, and not modified or repealed by the provisions hereinafter made by ‘tous act. ARTICLE SECOND. Of Legislative Power. Smo. 2, The legislative power of the said corpara- tion shall pe vested in @ board of aldermen aod a Doard of assistant aldermen, who, together, shall form the Common Council of the city of New York. Szc. 3, The Borad of Alvermen shall consist of fif- teen members, vo be elected upon a general ticket from the city at large. Sec. 4. The Board of Assistant Aldermen shall consist of one assistant siderman to bo elected in each ward. Sec. 6. Such alcermen and assistant aldermen sball be elected every two years, at the charter elec- ‘sions in said city. SEC. 6. They shall enter npon the duties of their fespective offices at noon on the first Monday of danuary succeediag their election, and shall hold their offices for two years from that time. Szo, 7. The next cleciion for aldermen and assist- antaldermen shall take p.ace at the city election, to be held during the year 1871, and the aldermen and assistant aicermen tn ofiice at the time this act shall take effect shal’ hoid through their respective existing terms, that is to say, until the first Monday @f January, 1872 Sxc. 8 Each board of the Common Council snall bave power (o direct a special election to be held to ®upply the place of any member whose seat shall Become vacint, ond the person elected to supply such vacancy shali hold his seat for the residue of the term of his :mmediate predecessor. Sec. 9, Tne boards shall meet in separate cham- bers, and a majority of each sha'l be a quorum. Sxc. 10. Each board shall 1. Choose a president from its own members; 2. Appoint acierk and other officers; 3, Determine the rules of its own proceed- ings; 4. Be the judge of the returns of election, and the rignt of election and qualifications of its own members; 5. Keep a journal of its proceedings; 6. Sit with open doors, except when the public weltare shall require secrecy; and 7. Shall have authority to compel the attendance of absent members, and to punish its members for disorderiy beliavior, aud to expel a member with a concurrence of two-thirds of the members elected to the board, SEc. 11. Every member expeded from either board shall thereby forfeit ali his rights and power as an e@lderman or assistant alderman, Szc. 12. The stated and occasional mectings of each board shali be regulated by its own resoiuuions ‘and rules, and both boards may mect at the same time, or on different days, a® they may severally Judge expedient. Sxo. 13. Every legislative act of the Common Council shall be by ordimance, and every ordimance or joint resolution shall, before it shall take effect, be presented, duly certified, to the Mayor for hia ap- proval. Sc. 14. The Mayor sha?l return such ordinance or resolution to the board in which it originated, within ten days after receiving it, or at the uext meeting of such board. Sec. 15. If he approve it he shall sign tt. If he disapprove he shall specify nis objections thereto, If he do not return it with such disapproval within she time abov e specified it shall take elfect as if he Bad approved it. BKC, 16. Such objections of the Mayor shall be en- tered at large on the journal of the board to which they are sent. Szc. 17. The board to which such ordinance or resolution shail have been returned with objections may, after tne expiration of not less than ten days thereafter, proceed vo reconsider the same, and if, on reconsideration, tt shall pass both boards by a vote of at least two-tnirds of all the members elected to each board it shall take effect. In all such cases the votes shall be taken by ayes and noes, and the names of the persous voting for or against iis pas- gage on such reconsideration shall be entered on the Journal of each board, Sxe. 18. No ordinance or resolution shall be valld ‘unless it shalt receive the assent of both boards ‘within the term fixed by law to such boards, SEc. 19. Any ordinance or resolution may origi- mate in either board, and when {t shail lave passed one board it may be rejected or amended in the other, Dut g0 ordinance sbali ve passed except by a vote of the majority of all the members elected to each ard, SEC. 20, The clerk of the Board of Aldermen shail, by virtue of nis office, be clerk of the Common Council, and shai! perform ali the duties heretofore performed by the cierk of the Common vouncil, except such as shell be assigned to the clerk of the Board of Assistapt Aluermen; and it shall be his duty to keep open for inspection, at all reasonable times, the records and tinutes of the proceedings of the Commion Council, except such as shail be specially ordered otuerwise. The clerk of each board shall appolut and remove at pleasure depuiy clerks in ils department, to the pumoer suthorized by ordinance. The clerk of the Common Council ali keep the seal of the city; and his siguature all be peceszary 10 ai) leases, grants and ower documenis, as under existing laws. SEC. 21. Jt shall be the duty of the clerks of the respective boaras to publish all ordinances and amendments of ordmances which shall be passe and aiso the fina! proceedings, except such parts may require secrécy; and whenever @ vote shall be taken in either ooard upon the passage of an ordi- Beat, ‘which shall contemplate any apecific Luprove- nt, or involve the sale, disposition or appropria- in Of public property, or the expenditure of puvlic moneys or income therelrom, or lay any tax or assessment, uch ordinance sliali, before the same ghall be sent to the othor board, and immediavely iter the adjournment of the board at which tue game shali have been passed, oe published with the yeas and nays, and with the names of the persons ‘Voting for and against the same, as part of the pro- eceedings; and no ordinance wiich shall have passed ene board shall be acted Weg by the other board om the same day, unless by unanimous consent, except in cases of invasion, tusurrection, riot or wence. —« ‘Sgo. 22. The Common Council shall have power to make, continue, modily and repeal such ordinances, Teguiations and resolutions as inay be necessary to carry into effect any and ail of the powers now vested in hereto! ‘or by this act conterred upon tie Corversiion, aud have power v9 eniorce / obedience thereto and observance thereof, by ordain- ing penalties tor eaca and every vioiation thereof, du auch Bach suns as tt may deem expedient, Not exceed! $100. And shall have power to make euch ordinances and with such penalues, in the Matters apd for the purposes follow ug, 1n addition to otter powers elsewhere specially granted, viz. :-— 1. To reguiate tramo and sules 10 the etreets, gn ways, roads and pudiic places; 2 To regulate the use Of Ue streets, bighways, rouds and public places by foot passengers, vehicles, railways aud locomo- lives; 3. To regulate the use of sidewalks, building frougs and house ironis within the stoop lines; 4. YO prevent and remove encroach. ments upop and obstructions = to bh 0 streets, highways, roads and public places; 5. ‘10 reguiute tue opening of sree: surfaces, the laying of gas or water wains, we bulliimg and re- pairlug of sewers and erect waslighis; 6. To provide for and regulate une opening, widening, and extending of streets velow fourteenth street; 7. ‘To regulate Lae nuuvering Of the Louses und lots In the streets una avenues, Bud the Daming Of Lhe streets, avenues and pabue places; s ‘Yo 1egulace or prevent tue Larowig ov depositing Of asves, olfal, dirt or garbage m ibe siuecew; 9. To regulaie or prevent wulinais ruvolog at large, Or beg rode, drove or led through tue City; lv. Lo reguime the cleaning of the streeis, sidewalks and gulters, avd removing ice, hail and snow Ivou thei; 11.’ To regulate the use of (he streets and sidewalks for signs, signposts, BWwhlLgs, BWHIlus-Posis and horse-.rougns; 12. To provide lor and regulate street pavements, cross- Waiks, Curb-#loves, gulter-stones and sidewalks; 1J. ‘To reguiate pubuc cries, adverusing noises and ringiag bes im the streets; 14 Lo regulate tue erection, use and coutiuuanve of staughter houses: 19, 1D regard to the police, so far as to dedne, con- trol and reguiate the conduct and reiution becween onlvers Of jue peace anu pulice aud vther persons in respect to Muiituiing peace and govd order and preserving invioiwle the rigata of persun and pro- erty; 16. in regard to tae reauon between all tne onivers and emip.oyés of the C.rporaitou in reapect to eaca otuer. the Corporatiun and the people; 17, in relation ty strest LeRguts, Vagrants ard Moudrcante; 1s. 10 relation to toe use of guus, pistols, firearms, tne-crackers, Hreworks and de.ouating Works 0: all descriptwas within the city: 4%, lu relativa to the acepiug aud sturage of guupowder, guacotton and other uaogerous explosive iualeriais; 2. 10 relation to imoxicutiou, ngating and quarresing in the streets; 41. in relauvn Ww places uf puolic awuse- meut; 22. im relation ty extubuing or carrying bau- ners, placaros or Hage iu or across the Btieets or trum houses; 2% id reéeation to the exhibi- tion of advertisements or handbula along tte sireets; 24. i relatioa to the pubic health and the prevenauen and removal of numunces; the regu.ation of interments; the salery and comuort of tenement houses; the business of voue bulling OF boLe erindiug, vperadons or occu- Pallons noxious Wo health of comiort, and tne re- oval, Keeping ana deposit of manure; 25. in rela sation © disoruerly and gaming houses, tueir lumates and irequvaters, Gud tue suppression of Vice aud tunoraucy; 26. 1D reiation to Lue construc. tun, repaus aud use of Vaules, cisterns, arcas, y- arants, pumps.und sewers; 27. in relauion to paru- tion ieuces aud walls; 23, In relatiou ty emergencies Ol Til, pesiileuce or invasion; 2%. Lu relativn to the construction, repair, Care and use OL Markels, docks, Wharves, piers aud silps; 30. In relation to tue licensing and business of pubic carimen, truck. mneu, hacken, cabimen, express. men, boaunea, Pawnbrousers, Junk deateta, uawsers, peddlers aud veuders; ol. in Leia@tion to the Mspection and seal- ing of welztus wnd weasures, aud enforcing the keeping and us. of proper weights and measures by Venuers; 32. In relation to tue inspecuon, weign- ing and measutlug of firewood, coal, hay @ud straw, aud the cariage of the same; 34. In relation to 1Me nouucauion, regulation and protection of ail elections tur oity vilicers; #4. In re.ativa to peace and goou order; 40, An rein tion to the mode ana wauner of suing Lor, coliect- ing and disposing of the Lenaities provided for a Viviation of ail ordinances; 38. And for carrying nto elect and eniorcing auy of the powers, privileges and righ at any Ume granted and vesiowed upon “a Dy toe suid Vurporanon, The Common Councii suail have no power to 1m; ose taxes OF Aseessments, or burrow money, or contract devis, or loan the credit of tue ciLy, UL- Jess speclallv wutnorized 80 tu do by act of she Legis- lacure, ana all ive legisiauve power of the city suail be suvordinute Lo ang be exercised 1m comormily With such syec.al grants, resirictions of ltmitacions a3 are now or berealier way be prescrived by the Legisiacture. ARTICLE THIRD. Of the Executive Power. SRO. 24. The executive power of the Corporation shall be vested ia the mayor and tue deparcments herem created. Ske. 2. the Mayor shall be the chief executive oficer of the Corporation; shail Le evccted ata city eleotion and huid fis oulce sor the term of four years, commencing On Lue 1st day of Jauvary nexc aiter lus election. Suc, 26, Whenever the Mayor shall be under tm- Peachment O¢ there shail be @ vacaucy im tne oftice ©, whe alayor, or Wheuever by sickuess, absence Iron the city ur olaer cause he suall Dé prevented Irom attendiig to tue dudes of his office, tue President of the Board of Aldermen shall act as Mayor and pos- Sess ail tue rights aud powers of Mayor duriug such disabiltty, OF in case OL @ Vacancy Unt the next geu- eral elecdon, But it snail Dot ve lawiul jor Loe Presir dent of the Board of Aldermen, when acting as Mayor, to sign Or approve of guy Ordinance or reso- ion of tue Common Council, or Dommate or appoint ALy person to office unless tue siCKneSs, disabluLy OF absence ol the Mayor shail have continued at least oue week, Sc. 27. Whenever there is @ vacancy in the office ore the expiration of # verm there snail iu lor Alayor altae next charver eiection, apd the person then eecied sudil hold Jor the fuil term of four years from tue iss day of January next So. 28, It shall be the duty of the Mayor:-—1. To communicate to the Common Council at least once @ year @ geueral statement of tue tuances, govern- ment ahd improvements of the city; 2 ‘Lo recom- mead to the Common Council all such measures connected with tne police, security, health, cleaniu- ness and oruawent of the city and tue protec. uon and mprovement of tts governinent snd fmances as he sball deem expedient; 3, To call out and command the police, the military of wis frst division, and fremen as their head, whenever ia his decretion he shail deem au emergency so re quizes, and such command shaligbe in uli respects obeyed; 4. ‘To be vigilant and active in causing the ordinauces of the city and laws of the State 10 be executed and enforced, and for that purpose to cail together for consuitation and co-operation all other heads of the city departments; 6. ‘bo exercise a con- SAN Supervision Over the conduct and acta of all other aypomnted ollicers, aud to receve and examine into all complaints that may be wade agalast any of them for violution or neglect of duty, aud to suspend any of them and appoint a temporary substitute; 6, And generally to pertorm ail such duties as may be prekcribed tur him by city ordinances ana the laws Of tue Stale, ana wo be responsible for the good order and emcient goverument of the city. Sec. 29. The Mayor may appomt such clerks and subordinates a8 hy may require to ald Lim in the dase charge of nis oficial dunes, ‘ ARTICLE FOURTH. Of the Co-ordinate City Departments Gen- erally. Suc. 30. All the heaas of departments hereinafter mentioned, except of the department of Snauce and law, shall be appointed, suspended, or rewoved at pleasure by the Mayor, by aud with the consent of the Board ‘of Aldermen; and any provision of iaw giving to the Governor power to remove any officer of the city government referred to in this act is herepy repeaied. ‘Sko. 31, There shall be the following other depart- ments in eaid city:—Finance Deparsment, Law De- partment, Police Department, Department of Pubiic Works, Department of Public Charities and Correc- uon, Fire Department, Sanitary Department, Excise Department, Veparument of Public Parks, Depart- ment of Buildings, Department of Educa ‘the salaries of the head oficery of each of sald da- artunents shall be as follows:—To the Mayor, Comp- roller, Counsel 10 tue Corporation, Com.nissioners of Charities and Correcuion, and Superimiendenis of Pubic Builaimgs 49 now provided by laws or ordt- nances. ‘To each member ol toe Buard of Police an nual salary equal to the salary now or lately de nated to each Commissioner Of the Metropolitan Police. To each member of the Board of Public Worksa salary equal to that now or lately desig- nated by statute or ordinance to the President of the Croton Aqueduct Board. To each tire commis sioner & saiary equal to that now or lately desig- nated by law or resolution to tae Commissioners of the Mecropoiltan Fire Department. #x officio mem. bers of boards shall recetve ten doilars per day as salary for duties as such members. ‘Sec. 32. The said departments shall, at such times 6 the Mayor may direct, make to him, in such form and under such rule he may prescribe, reports of the operations and aciion of the same and eacu of them, and shali always, when required by nim, fur- nish lo Lim such iniormaton as he May vewaud within such time as he may direct. tpt Sec. 33. The heads of ali departments, except Otherwise specifically directed herein, shall bi power to appoint and remove ail chiefs’ ot barea (except the Cuamberlain und Cniet of Police), a8 also ail clerks, oflicers, employes aud subordinates, in their respective departments. ‘The number of all oificers, clerks, employes and sub- ordinates im every departuient, except the Ponce and Fire Departments, with their respective salaries or compensation, shall be sucn as the bead of each department shall designate and approve, except thar the aga thereoi shali not exceed the total propriated by Jaw to each departieut Jor auca pur pouen. ARTICLE FIFTH. Of tho Finance Department. Bxc. 24, The Finance Departinent sball have con- tro] of all the fiscal concerns of the Corporation, and of the appropriations made for carrying on the busi- neve of the Corporation. It shall prescribe the forms ol keeping abd rendering al eity accounts, end the taanner in which all salaried shail be drawn, aad the move by which all creditors, officers, aud employes of the Corporation shall be paid. ‘Suc. 35. All accounts rendered to or kept in the other departments shail be subject to the inspection and revisiod of the officers of this department; and W shall settle and adjust all claims im favor of or against the Corporativa, gad aii accounts in which ‘the Corporetion is concerned as debtor or creditor. Sac. 36. The chief oiicer of this department shall be calied the * hese pag of the city of New York,?’ who shall ve elected at tue general election preceding Lhe expiration of his term of oltice, and Bold his ol fice for the term of four years. SEv. 37. In the case of a vacancy in the office of the Comptroller the Mayor sual! appoint some per- 800 to tili the place unul the firet Monday of January Best alter the next general election. ay whiok eed and remove at pleasure three cleras, tue charge Of organizing and directing a detective staif of not more Luan Mmirty; Which stad siall, irom ume to time, be selected, for services connected with the prompt detection, and sid in the pumisbment of crime, and in suca mode and manner as the Mayor may select and airect, tae said selection to be oF one captain and the Test trou patrolmea, tion there shall be an election of Comptroller, for the tae tae of four years from sald fret Monday iu wary. Suc. 38. There shali be the following bureaus tn this department:—1, A bureau for the collection of the revenue accruing from rents, and interest on bonds and mortgages, revenue arising from the use or sale of Ue pet belonging to or ed by the caty, tne chief officer of which bureau shail be called tne “Collecvor of City Revenue; 2. A bureau tor the Collection of taxes, the chief officer 1 which shall be called the “Receiver of Taxes,” and he shall have all the powers and pertorm all the duties heretofore pre- seribed by jaw for the Receiver of Taxes; A bureau tor the assessment of 1x08, to consist of four officers, calied “Commissioners of Taxes and Assessments; 4, A .Durean for the collection of ariears of taxes, assessments and water rents, the chiel officer of which shall be called ‘Clerk of Arrears; §. An auditing bureau which sbail audit, revise and setéle aii accounts in which tue City is concemed as debtor and creditor, and which shall Keep an account of euco clam Lor or against tho Corporation, avd of fhe sums allowed upon each, and certify the same to we Comptroller, with the reasons lor the allowance, the chief oicer of which shail be called “Audior of Accounts;’ 6 A bureau or licenses, the chief oMcer of which shall be called “ateqiscor of Licenses; 7, A buread of markets, the chief of oilicer of which shall be called “Superin- teauent of Markeis;” 8. A bureau for the recepuoa of all moneys paid into the Treasury of the city, and tor tue payiaent of money On Warrants drawn by the Comptro.er and countersigaed by the Mayor, the ciuiet oltver of which sha be called the “Uhamber- lain,” 5x0. 39. The chamberlain shall 'keep books show- ing the amounts puid on account of the severst appropriutions; aud no warrants shall be paid on account uf any appropriation alter tke amount au- tuorized to be rgised by tux for that speciiic pur- pose shall have ocen expended. Sac. @. Ail moneys drawn trom the city treasury shall be upon youcuers for the expzuditure thereo!, examined and alowed by the auditor, and approved by te Comptroiter, anu filed in iis oiice, ARTICLE SIXTH. Of the Law Department. Sxc. 41. The Law Department shail have the charge and conduct ol all law business, of tie corporation aud of its departments, except when any depart- ment Shall have or employ separate counsel, and lor tue empivyment of Wuom there is an appropriation, aud ali other aw business in whic the city suall be interested; tne charge and conduct o# Loe legal pro- ceedings necessary 10 widening, opening or altering streets; und shail, whenever so applied to by the Cvmptroiler, draw the leases, deeds and other legal papers connected with the Huance deparvment. DEC. 2 chief oficer of the departineou be called “Counsel to the Corporativn.” He suall be elected al a general elecuon and hold his ollce for four years, Sxo. 43. ‘There shall bea bureau tm this depart- ment the ch.ef oilicer of Which shall be called the “Corporation sAttoraey,” aod & bureau the cleft ollicer of Walch shall be called the “Public Admin- astrator.’” ARTICLE SEVENTH. The Police Department. Sxc. 44. The Department of Police shall consist of a board of police composed of tive commis sioners, WO OL Wiom shall be the recorder aad tue city judge, and sa.d ooard shail be tae head of said department. DEC. 43. There shall be two bureaus tn this depart- ment, to be KnoWa as the first and second bureuu. 5x0. 48, At the head of the first buread svall be an officer to be cailed the “Chief of Police,” who shalt be uppomted oy tue Mayor and hold his office at tne Pleasure of suid Mayor, ‘Sev. 47. Tue Bald Colef‘of Police shall, subordi- nate to said Mayor, have command over the whole police force of the city, and especially wit respect to the designaung, transferring, detailing, coutrol- lng and manceuvripg oe police force. Dec, 43. De Cael of Police saail select, appoint ad shall have designated and detailed Ske. 49. Ibe ponce force of the first bureau shall ve composed Of as Many Captains of police, sergeants of pouce, pairolumen and doormen of police a8 the Mayor, by and wita the couseut of tae Board of Pouce, may from we te time determine, Sc. bu. 1he second bureau shail have for its head a@cnief olicer, to be cailed “Inspector of Police,” ana under hii shall be such Clerks and subordinaces as the Board of Police sual) aulnorize jor his aid, bus whose conduct and services he suall direct. ‘Sec. 61. In tne second bureau shall be located, @pu therefrom detalied by the inspector, tne sur- Geons of police, ciergg and telegraph operators. Sec. 52 ihe Board Bf rotice sual appoint and re- Move a pleasure the captains, sergeduis, rounds- men and doormen of the frst buiesu; also all che otticers of the second bureau, inciuuing @ culet clerk, property clerk and deputy cio: ks, SKC. 6% Patroumen suall be removable only afcer Written charges shall have been preterred against oem, and alter the charges siail have beea exuin- ined iato, atver suca Kind Of Dotice to the person charged, aud in such mauner of examination as the Tuies und regumtions and Lac provisions Of this act may prescribe, Dec. 64, Tue government and discipline of the Pouce Deparwnent, 1n respect to the relation of tue _ bead to the 1orce apd of the subordinates to each other or to any superior ollicer, abali be sucu as tie buard may from tme to time by ruics and reguiatious pre- scribe, except that the Mayor shall have enare qou- trol to prescribe the inode aud manner in Woicu the chier of police, the detective iad, the captains, tne sergeants, the roundsmen, the patrolmen and the doormen shail perform police duties wherever they "may be ou duty, waetuer 12 station houses or our glue of them. . DEC. 65, Members of this department are pro- hibited from searching apy person arrested as au offender, cated, of 1s charged with a felony; aud. wnea any property shall pe taken from apy arrested person, and the Captain or sergeant shai think the sane necessary bo be detained in furtherance Of pubile Justice, 1c shall be sent immediately to the property clerk, who snQll, with the consent of the Mayor, or cuiet xcept he be an old offender, or 1s 1nL0X1- of police, or imspector of police, or any member oj vhe Police Buard, restore the same, or any part thereof, 10 the person from whom it wus taken i in his judgment public justice does not de- mand ite furcher detention. 1n all cases of w re(usal by either of tae said oilicers to order such restura tion Ube aggrieved party inay uppeal vo the Board or Eales who may uilirm, reverse, or modify suck Tefuaal. Sec. 56, Upon any member of the Police Depart- ment being served with a writ of habeas corpus the game shalt be unmediately, and before makiug any return thereto, reported by hun tu the Mayor or the Onitef of Police, wity ali the circumstances conuected Wich the imprisonment or detention complained of; @nd no obstructions of any kind shall be laid in the way of having said writ Of haoeas corpus take its due course of law. SEC. 67. Every person connected with the Metro- politan Police Vepartment at the ume this act shall take ettect, except the superintendent and inspectors thereo!, and designated to do duty in te city of New York, and except as otherwise herein ordered, snall continue in office aud be transferred by opera- tion of this act to the department herein creaved; and the salary ie oak now provided by jaw for the office heid tropolitan Police Department, snail be the sulary and et lon fixed jor his transferred oiice under uct ‘this Sxc. 58, The powers of the Board of Poilce as a by such person, as in thé Me- board shall be confined to enacting suitable rules and regulations, to the appointing of members of the Pouce Department, except the Chief; to the re- Moving of sli such members as they have power Lo Appoint; to maintainiag station houses, precinct ac- commodations and ail teregraph apparatus; to con- gidering complaints inst Luose Whom they sball have power to appoint, and upon such complaint Temoving the persons complained of and appotat- ing others in their place; and appointing special policemen to act as ushers, to attend and preserve order a places of privase or public amuseulent and entertamment, whose services, however, shall not be charged upon the city or the ooanty treasury, bat be paid by agreement between the parties applying for such special policemen, and such special policeman when upon such duty, but at no otber times, shall possess ail tie priviieges aud powers of @ patrolman at such places of entertainuient. But such special policemen saaii be under the direction aud control Of the dayor or Chief of Police, Sec. 69, Ali matters counected with tho detail and designation of police officers and policemen to duty and ail orders atlecting police oificers and policemen m tne discharge of their duty shall solely emanate from the Mayor or chicf, But such orders snail have Girect reference only to the relations of police ofil- cers ana policemen to cach other, and to the Mayor aud to the chief; and no police.order ehall be valid which in any wise toucbes tno relations of the police to person or property, except as the same accurd wita the ordinances of the Common Council or the common law, or statntes in force in this State. Sec. 60, Whenever any complaint snail be pre- ferred against @ police oMicer or patrolman, or per- SON connected with tbe police department, the vili- cer to Whom such complaint sail be made must immediately attend with said party ecm- plainea of before the Chief of Police, who shali immediately inquire whether tuere is probable cause or snflicient ground for said com- piatot. Jf he shall determine tnat there ia, the com- plaint, under such roles and regulations as nay nave been prescribed in reference thereto, shall be served wiih notice to attend on a day designated before a olerk of the Board of Police, wilo siiall be a stenographer, and the said stenographer shali tm- mediately proceed to take down, verbatim, the par. ticulara of said complaint, and whatever auswer thereto the party complaiued of may allege, and any evidence that may be offered, in relation Co the com- plaint, and write the same out in the form of deposi- tions, and the same siiail be sworn to before the chief clerk or any commissioner, and when go sworn to snali be examined iato by one or more commis- siouers, for tue purpose of determining the action to be taken thereon in the uame of the board, whetner to disiniss the complaint or discipline or remove the offender. But, by unanimous vote of the board, any complaint may be reserved for public trial be. fore the with presence of counsel for born complainant and we accused. SKc. 61. NO person shall ever be appointed to membersip in the police force or continue to hold mempership therein who is not @ citizen of the United States, or whe has ever been convicted of crime, or Who cannot read and write understand. Sngly in the Englisn language, or who sball not bave pee ey ae ott peas during one year next pre. eeding bis appointment! BBC. Oy The Mayor may upon aby emergency or NEW YORK HERALD, THURSDAY, FEBRUARY 3, 1870.—TRIPLE SHEET. ; Apprehension of riot, tumult, mod, tinsurreosion, paloate: Or tovasion, appoiut as many special pa trolmen, without pay, from among the ciilzens as he may deem desirable, and may demand the assist- ance Of the ailitary of the First division, by order in writing served upon the commanding ofticer oi such division, whose duty it wail be to obey 1mmedi- a@iely. SKC. 63, During the service of any special patrol. men authorized as aforesaid, he sii! pussess all the powers, priviieges, anuyeriorm all the duties that may be'by orvers, rules and reguaidons from tine totime prescribed. Every such special patrolman shall wear a badge to be presciibed and Jurnished by the Board of Police. ‘SKC. 64. No memoor of the police force, under pen- ulty of forletting the salary or pay winch may ve due to bun, soa withdraw or resigu, exceys by permis ston of te Board of Police, Unoxlained abse.ice, without leave, of aay member ot tne police lorce, for uve days, shall be deemed and he.d to be u resigaa- tion by auch member and accepted 2a such. Dec. 6, The Commoa Couuci shall provide such oftice and business eccom:nodauoas and astaiion houses as the department of police shuli deem re- quisite for whe transaction of the business of we police department, ‘SEC. 66. ‘Lne Board of Police shall have power to issue SUDDGnAS, Lested In the name of ats president, to compet the attendance of witnesses upou any pro- ceedings authorized by ity rules gud regulauons. bach Comunssioner of Pollce, or the chiel cork, are herepy authorized aud empowered to aamuulater aiirmations and vatas to auy persons summoned and appearing in any matier or proceeding, author ied as alvresaia, or Lo take auy depusitivas ueces- rary to be maue ander the orders, rules and reguiu- tons of the Board Oo: Police, or tor the purposes of this act, any wilful and corrupt faise swearing, bY any witness ur persou, (oO guy waverial fact im any necessary proceeatug under Ube said orders, ruied, gud reguiations, or under Cats act, sual be aeomed perjury, and punisied in the manner now prescribed by daw for such offence, The provisions aud proce- dure of section three of an entitled “An act to enable the Common Council of cy of New York to take testimony i matters referred for Laveattga- tion or inquiry,” passed Kebraary 4, 1366, are here- by applied to the case of any witness subpwenacd under this secon. Sxc. 67, The Board of Police may, from time to tune, Dut With speciai reference to locating the same as centrally 10 preciacts a8 possiole, establish sia. tops and station huuses Of sU0-¥LulONS Bud sUb-BLalivn houses at [east Oue to each prectuct, fur tue uccuin- modation thereat of Meiers of Lhe po.ice force und ug piaces of temporary detention tor persous ar- rested aud property tuken within the precinct, Sgc.63 Tue Board oO: Police are empowered, In their discretion, to enact, wodily aud repeal, trom time to thine, orders, ruies Bud regutauuns of gene- ral discipiine of Wue suoordinates under their con‘ trol, but in sirict conlurmity bo the provisions of tua arucle, SEC. 69. The members of the polsee force shall pos- sess in tne cly of New York aud in every part of vuis State all the common iaw aud slacutory powers of constavies, except for tue service OL CiVs Drocesa, gud any Warrant for searcu Or arrest issued by auy maygisirate o1 Luis Stave may be executed in any part tuereo! by avy member of the police force, and ull the provivions oi sections seven, elgot and niue, of chapter two, tive two, part four, Of the kevised Statutes, in relation tu the giving and taxing o! bail, shill apply to Lows uct. i Sec. 70. Each member of the police force shall, under the penaity of ten days’ Une or dismissal rum the force, in the disorevion ui tue buard, ana every oilicer, from any Otuer portion of the State or county, arresting or claiming to arrest any persun in tue city of New York shull, immeuiately upon an arrest, convey in person the offeuder beiore & magisirate, that he may ve dealt wivb accordjug to law. 11 whe arrest is made during the hours that the magistrate does not regulariy nuld court, or if une magistrave 18 not holding court, such offender way be detatued in a@station Rouse or precinct thereof uatil tue next pubiic silting of the magistrate aud no longer, and shall taen be conveyed without deiay belore tue maistrate to be dealt with according to law. But tu any person arrested lor @ misdemeanor shall be @ housenolder or have a Known piace of permanent residence or busiaes# within the city uf New York, im uleu Of being detained over night @ station house he shalt ve-atiowed to vepart upon sign ng & recognizauee in the sum of $100, conditional chat ue Wil appear the next morning before the proper magisirale at ap hour to be designated in such recognizance by the captain or sergeant. Such re- cognizance shall be completed by the signature of sucu person, ‘Tne said recognizance shuil be taken betore tue proper magistrate the next morning, aud uf toe party recognized duly appear. it snail be can celled, it he fail to appear the magistrate shail issue @ beach warrant anu declare and order the recos- nizance foriviied, aud transmit 16 to the District At- torney for cuilection; and such order of forfeiture Shall be as eifecuual as if 16 wos @ recognizance in the Court of General Sessions of the Peace. Sac. 71, No person holding oifice under this de- pariment sual! be liabie to military or jury auty, hor to arrest on clvi process, or, while actualiy om duty, co service of sabpenas from civil courta, dee. 72. ‘the Common Council shail provide suita. ble accommodation fur the detention o1 witnesses who are unab.e to furnish security for thelr appear- ance in crimial proceedings; and such accominoca- tions stall be 1D premises ower than those empioved for the continewent of persous cuargeu with crime, Traud or disorderly conduct, and be 10 command of @ Sergeant of police. Ana it suall pe the «uty of all Muyistrates, Wien Comm.tiing witnesses in delault ot bali, ,to comity tuem to such Bouse of de- tentiun’of witnesses, and in committing witnesses to have regard to the ruies and regulations of te Board of Po.ice i respect to tune Of detention. But no Witness snail ever be detaimed longer tuan ten days, uniess by his own consent. SEC. 78, The Boara of Police shall have power, tn its discretioa, on conviciion of & member of the force of any legai ofteace or neglect of duty, or viola- tion of rules, or negiect or disovedience or orders, or Incapacity, or absence’ without leave, or any conduct injurious to Lae puvilc peace or welfare, or immoral conduct or conduct uabvecoming an oillver, or other breaco oi discipline, 10 puniso the offending party by reprimand, lorieiting aud wituhulding pay fur'a speciied tune, or diswissal from we furce; but no more than ten days’ pay shall ve forieited and wita- held for any offeare. Ali such fines shall be paid Jorcbwith to the Chamberiain to tue account o: the Police Life Insurance Fanaa. SEC. 74 Every member of the police force shall have issued to nim, by the Board of Police, a proper Warrant of apyointment, signed by the presigent of said board aud cme clerk or first aeputy, which warrant shall contain the date of lis appointment @nd is rank. DEC. 75. Lach member of the police shall take an oath of office and subscribe the Sawe beiore un ofl- cer fog pouce Who 13 empowered to administer an oath. SEC. 76, It shall be the duty of the Chief of Police to detai!, on each day of election, at least two pairolmen to each election poll, SEC. 77. It suuali be Lie duty of the police force, or any member thereol, to prevent any boutn, or box, or.straccture tor the distribution or tickets at any election from being erected or maintained wituin 160 feet of any polling piace within the city, and to summarily remove any such booth, box or struciure, or close and preveat the use thereof. SEC, 78. The duties of the poice surgeons and the extent and bounds Of their distric.s shall be assigned from time vo ume by the rules aud reguiutions of the Board of Police. Suc. 79. All fines imposed by the Board of Police upon the members of ee force by way of als- cipline and collectabie from pay or salary, and all rewards, fees, proceeds of gilts anu emoluments that Toay be pail and given ior account of extraordinary services of any member of the police force (except when allowed to ve retained by satd member), and all moneys remaining for the space of two years in ‘he bands of the property clerx or arising from the gale of unclaimed goods, sod all proceeds of suits for Parry under this act, spall be deposited and pe into the bank wuerein tne Chamberlain shail eep Bn account. ‘he payments 90 made spall con- stitute and be deposited and kept as a fund to be oalied the ‘Poulce Lite Insurance Fund,” and the Person Who suaii from time to time fill the office of Cbamperiain shall be the trustee of tle ead fund, and may, from time to time, invest tue same in whole or in part as he shall deem most advantageous for tue objects of euch tund, and ts empowered to make all neces- sary contracts and take ali necessary reme- dies in the premises. And the said Chamber- law giall succeed the present ftruscees of the “Police Life insurance Fund’’ of the Metropolitan Police Department, and said fund snall be detivered over on demand to tie said Chamberlain by the pariies or toe institution now holding it, Butall annuities now charyeai.e upon. sald fund shall be Malnvamed inviolate. SBC. 80. Ali property or money alleged or sup- Posed to have been leioniously obtained, or which Shall be lost or abandoned, end which shall be here- Giter taken ita the custody of any member of the lice force or crimmal court ip the chy of New ork, or which sail come into custody of any po- lice justice, shall be by such member or justice, or by order of said court, given into the custody of and kept by the property cierk of the police, and ali such property and money shall be particularly registered by said property clerk in @ book kept for that par- pose, Which shall conta aiso a record of the names of the persons from whom such property or money Was taken, the names of al) cisimants thereto, the time or the seizure and any final disposition of such property and money. Suc, 81, Whenever property or money shall be taken from persons arrested, and shall be alleged to have been ieioniously obtamed or to be the proceeds Of crime, aua whenever go brought, with such Claimant and the person arrested, before some magistrate for adjudication, and the magistrate snail be then and there satisiled from evidence that tue person arrested 18 innocent of the oifence al- leged, and that the property rightfully belongs to hin, then said magistrate may thereupon, in writ- ing, order sach property or monéy to be:returned and tne property clerk, if he have it, to deliver such property or money to the accused person nimself, and not lo any attorney, agent or clerk of such ac- cused person. Sec. 82 ff any claim to the ownership of such property or mongy sali be made on oath before the magistrate, by or in behalf of say owner persons than the person arrested, and the said accused person shall be held for trial or examination, such property or money sail remain ig the custody of the property clerk Bn the discharge or conviction Of the persons accused. Sec. 83, All property or money taken on suspicion of naving been feloniousiy optained or of being the progeeds of crime and tor which there ig no other Claimant than the person from whom such property was taken, and ailllost property coming into the possession of any member of the said police force, ‘aud ail property and movey taken from pawn- brokers ag the proceeds of crime or by any such member from persons supposed to be insane, intoxi- cated or otherwise lncapaole of taking care of them- bcives shall be transmitted, ag soon as practicable, to the property clerk, to be duly registered and ad- Yer tor the benedt of all persons invoreated the further provision hereof, have power to and for the -tnformation of the pubito asto the grant att D licenses to anv person of good mora: character, 10F amount and disposition vf the property so taken 1nt0 ‘custody by the police, oue your trom the time the game sall be granted, to mis Se alan ane mony at maces | Suactnvame cee pee auens anaes ct 16 ol a six months Yithout any iawius Claimant thereto, ving & License fee, which shal! be not ‘Teas, arter having been three times aavertised in pubio | t nor an more than Oo€ dunired dullars to be and ee ‘Spplicants, in the divoreuoe Sxc. 100. such leenses shall on'y be gran’ written application to the suid Doar, mayor applicant, specifying the place for whi b license ws exked, Sod the name or Dames of every lute Feaved or intended 0 ‘be interested in’ the buaitiess tor which the license shali be used. Sxo. 107, Such license when granted sbell ve tn the form of a written OF printed certuicaie, stanog the name o! the person or persons, and the piave licensed, and gnall be signed and attested in such mode a3 such board may direct, It shal! be keps by the person or persons licensed in & cun- apicuous position intne room or place where the sules are to be made, and siail be exhibited on ae mand atali umes by the person or persons ag licensed, and by ail persons acing under such Neeuses. Any omission so to display and exhiowk on demand such certificate shal be presumptive ovi- deace that auy ron or persons so ommitilag to display and exhibit the sawe bas license, iO. 108, Persons not licensed may keep and sell and dispose of liquor in quantiies not less tian ive feiluns at a tune, provided that no part thereof snatt drunk or ased in the ounaing, or on the preiu- ge3, or iM any building, yard, garden or inciosure communicating with, or in uny pubuc spree oF piace contiguous vo the building in wuich the same suall be kept, sola or disposed of. Suc. 100, fhe said Board of Excise shall keep @ complete record ot the numes of all persons licensed ae, eee statement of the | place genase posed and paid im | eqcu case, Which recurd they sBall at all times per- mit vo be publicly examined as its oftice, } ‘Ssc, 110, Persons Leensed us herein provided shail | prevent, so far as is w tuvir power (ud shell events give immediate notice to tho nearest po! man Loh. ) and every disturbance, disorder or wepaperd, Ball De sold as puvilo auction, add the Pracoont of auch sale shall bo paid into the Polio 6 Lusurance Fund, SEO, 85, If any property or money placed in the custody of the property clerk shall be desired 83 evi- ence in any police or other criminal cours such pro- Perty svali be delivered to any ouliver who sball pre- Scat an order to that vifect from such court, Such property, however, svall not be retained in sald Court, but shall be returned to said property clerk, to be disposod of according to the previous provi- 81008 Of this act. ARTICLE EIGHT. Of the Department of Public Works. Sx0. 86, There snail be a Department of Public Wo.ks, the uead of which shall oe #oard to con. BL.t Of tive members, Whenever the words Chief ugineer Of tho Croton Aqueduct Board, or presi- dent ut the Cruvon Aqueduct Boara, or direet Com- mussiouer shalt occur i auy existing law, ordinance, reso.ution, Coutfact, or document, if shall be deem to meau ive board of Puolic Works, or thelr Presl- dent, whenever so autaurized by it, by resolution, alter due entry thereof upon imimutes of the Buurd, and Wuenever 10 any law or ordinance or oviigation of We Corporatiog Lhe words Street Deparumenut or cree Aguecaee. board Aaall cours a Gin be eu Bu realter meaa le ment and Bourd of Pubiic Works. nee ‘Ske, 87. ‘ihe salu Buard shail have cogaizence:— 1, OJ al! stauctures and property vonnected with the supply aud aistrivution of Croton waver; 2 Ui the CoLechen of the revenues arising trom the sale or uge of the Crotun wuter; & Or opening, allering- Yegnlating, graaing, au and behing stress, roaus, al venues; 4. OL bund repairing, tightag and using wharves, piers aad ; 6 Or the repaiting sou eonstraction Of pubue roads; 6, Of whe care of puolic ouildings; ciean; 1b coustru Would, Sev, So. There suall be the rollowimg bureaus in the Department of Public Works:—1. A bureay for laying Water pipes aud the cunsiruction aua repair ot sewers, Wous aud Lydrants, paving aud repaying wnd repairing streets, the caief oficer of » nich slull be Called “Water Vurveyor;” 2. A duread ior the collevuon of revsuue aerived from the sale and use 1 water, toe cuuef oilicer of Which shall be calied “Water Register;” 3. A oureau baving Care Of ali 6 ructures aud property ovnuected wilh wie supply aud asiribuon of Crovon water, the che: oillver of Wwuicu suall be Caded “Uitte: Hagtnver of the Crotoa Aqueduct,”” with power to appoint and remove at pleasure, and detali @ <tad of assistant engiucers; he uvd tuey must be cvil engmecrs Of at least ten yeats’s experience. ‘he Kourd may delexcate to this bureau any power aad duty now conierred by Jaw or ordimance on tue Cu.el Bozineer of the Urotoa Aqueduct Board; 4 A bureau lor grading, lagging, curbing gud gultertug streets, the cmel oicer of wuich shail be Caled “Superimeendent of Street im- provemenis;” 5. A bureau of lamps and gas, the chief ollicer of whicu sla.t be called “Superiteadeant of Lamps and Gus;” 6. A bureau of streets aud roads, tue chief olliver of which shall ve Called “Su- perintendeut of Streews;’’ 7. A bureau Ol wharves, tue cuiel oiicer of which shali be called the “super- intenoent of Wuarves;’ 8. A bureau of repai?s und Supplies, Walch shali Rave couizanee of ali supplies @ud repairs to puoite buildings, works, Jands and places, and all oluer necessary repairs and supplies not provided for ip other aepaitiments, the cuiet olicer Of which shail be called “Superimtendent of kepairs and Suppies,” aud shail pe a practical builder; 9. A bureau oO! the 1p posiuon and culieciuD Ol assessments, the chief olliver of Wich suall be called *“Voliector of Assessments.” ARTICLE NINTH. Of the Department of Pablic Obarities and Correction. - Ssv. 69. The Department of Public Charities and Correction shalt be composed of and have tor its @ voard of four persons, which board shail pos ‘ail the powers and discharge ali che dunes how nierred Upon such devartinent by speciai iaws and by the provusioas of cuapver 510 Of tue laws of ledu, aud acts and parts of ucts amendatory ‘herevo, ex- cept as tue same are modilied or repealed vy the Provisions Of tls act. ARTICLE TENTH. Of the Fire Department. Sxc. 90, Tne Fire Department shall have for its heud @ board, to consist of wbree persons, ‘there ‘shall pe 1n ths department two bureaux. ‘Ihe chief Ouiver of tue first bureau shall be tue “Caief su- gineer.” ‘Lhe cuief oiicer of the other bureau shall be called “iuspector of rire Apparatus’? Suc. 91. ‘Tne Chief Engineer saail have exclusive charge and direction of tae fire Apparatus wud tre- men upon any aiarm of tire and during the exist. euce of any fire. He snail have autuority to com- mand ana direct the police who may be placed on duiy during the cont:nuance of suca fire, but no longer. He shall, during the contiuuance of sucn lire, nave full custody aud direction of the streets aud avenues leading to such fire, the use of which Tay ve necessary to the firemen and tucir apparatos lo extinguishing the fire. ‘Sxc. 92. ‘The bureau at the bead of which shall be the inspector of fire apparatus 18 charged with sne duty ci iuifiliag ali otnes duies convected with tae Fire Department, except such a3 are pesiormed by the Cluef Mngineer and assisiaat engineers. Sec. 93. Toe said Fire Departiwnent is hereby em- powered and directed to possess aud exercise, fully and exclusively, ai the powers, and to perform ail the duties necessary to extinguish fires by wd of 8 pata force and improved steam engines in the city of jew York, and shall bave power to provide suppites, horses, tools, 1mp.ements, und apparatus ol any and all kinds to ve used in the extinguisuing of fires, and lire telegraphs, and to buy, sell, construct, repair and bave the care of the same, and take apy aad all such aciion 1D the premises ax may ve reasoaanly necessary And proper, and, upon due organization ag &@ department, to take possession Of, or 118 use, all city propercy and apparatus, aad books, tnea or tacely In tae custody of the Metropolitan Fire De- partment. SEC. 4. The said board sha}! select @ secretary, chief and as#istaut engineers, ad as many officers, clerks, firemen and appointees as may be necessary, and the same shall at all times be doder the disci- pline ot the said bourd and pr rua such duties as inay be asgigned to thew by thg said board, and may be removed by said board at pleasure; and the chief engineer, assistant engineers, firemen and employes of the Metropolitan Fire Department are tereby made subordinates of vis department, and are hereby transterrea to department, subject to removal as aforesaid. And to each of such persons sliail be paid a sulary equal to the amount now de- siguated to Lin in tue Metropolitan Fire Depart- meng, DKC. 95. The aforesaid officers and men, with their apparatus of all kinds, when on duty sali have the rigat of way at any fire and in any nighway, street or avenue, over aoy and all veuicies of any kind, except those carrying the United Staves mall. And any person in or upon Or Owning any vehicle who shall refuse the right of Way, or 10 any Way obstruct auy fire apparatus or any of said oificers while in performance of duty, soall be guilty of a misde Mmeanor, aud be liavie to punishment for the same, BEC. ¥6. It shall be a misdemeanor, punishable by imprisonment im the county jau fora period of not leas than sixty days, lor & person nos 80 enrolled or employed or appointed by the said depaitment to wear the whole or any part of the uniiorm or insig- nia prescribed to be worn by the rules and reguia- tions of the board, or do any act as firemen not duly gutnorized by the board duiy created, or to interfere with the property or apparatus of tne fire local aytment 1 aay Manner, unless vy authority of the epartinent. Seo. 97. No person holding office under this de- partment shall be Hable to military or jury duty while performing his duty as a fireman. Sc. 98, It sbail be the duty of said department to make suitable regulations under which its officers and men svall be required to wear any appropriate Uniform and badge vy whicn, 10 case of fire and at other times, tne authority and reiaitons of such otiicers and men in safd department may be known, as whe exigency of their duties may require, ARTICLE ELEVENTH. Of the Sanitary Department, Sec. 09, The Sanitary Department shali have for its head @ board of five persons, two of whom shall be the nealth officer of the port and the counsel to the corporation for the time being. Suc. 100, There shall be four bureaus in this de- partinent, The ciel officer of one bareau snali ve called the “City Sanitary Inspector,” and he shall be @ practising physivian of at least ten years in the city of New Xxork. ‘There shall be another bureau, to be called tho “Sanitary Permit Bureau.” There shall be another bureau, to be Called the “Bureau of Street Cleaning.” The chief ollicer of another bu- reau shall be called the “‘Regtster of Kecords.” And in sald bureau shall ve recorded, without fees, every birth, marriage and death, and all inguisitions of coroners (excepting whose whereoy a jary find a death caused by negligence or walicious injury), Which shall occur Or be taken witiin the city of New York. BEC. 101. It shall be the duty of said board, imme- Giately upon organization under this act, to cause to be conformed to this articie the corde of laws and regulations then or lately adopted by the Metropon- tan Board of Health, woicn snall be called the sant- tary code, and to file the same with the clerk of the Common Council; whereupon it shall be sne duty of the Common Coanch, wivnn ten days thereatier, to proceed to enact said sanMary code as part of the Ordinances of the city of New York, and the Com- mon Council may, trom time to time, and on any emergency of disease or pestifence, enact and repeal Ordibances relating to public health on recommen- dation of te Saultary Department, but not oiher- wise. Sec. 102. Whenever, in any law of this State, any power or duty shall pe conierred or enjoined upon any board of heaiti, except jaws in relation to tie Metropoliian Board of Health, the same shall be ap- plicable vo the department hereby creaied. ARTICLE TWELFTH. Of the Department of ifxcise, SEC. 103, The head of the Departinent of Pxcise shal be @ board of excise, to consist of three per- sons. Sec. 104. From and alter the organization of this department no person shall, 1 she cuy of New York, Keep for sale, or seli, or puolicly dispose of any liquor, in quantities less whan five galicns at One tue, anieas he or she may be licensed, pursuant to tlie provisiuns of tats article, Guo. 105. The sald board ef excise abalh suljecs to 7. UL tne fililug up of sunken Lota; 4, Uf public seW- | preach ne peace in any place wuloh shall ne se era aud dra:nuge; 9, Ul sirest vaults; 10, UF paving, | licensed, and elall therespon fortuwitb cause ell: ping Lhe Gane to be removed thereirom. and the pisce te vied Te repaving aud .epairing streets and kee; 4 digging and closed Kept viosed unul quiet suali stored. Sgv. 111, No person shall sell, give, or dispose of aay liquor to any appreutice or minor ander eign teen, knowing or having probable cuuse to berleve him to be such, without the consent, in We case of @n apprentice, of lis wasier Or mistress, or Lo LNs case ul & minor under eighteen, of his parent or guardian. ‘SEO. 112, All persons licensed, as herein provided, shall, at ali times, Keep the places for which they are 80 licensed orderly and quiei, and. at night, bebween the hours of one o’clock A. M. aud four v'clock A. M. and op Sundays and election days, closed. Notning herein contained shall ve coastrued to preven’ hotels or steamboats irom receiving and otuerwie envertauing (he travelling public upon Sundays, ja the mode taeré.n on all other days. And nothing in cum article coutaiued suai ever be 89 construed as to prevent reasonable able imuress and egress to and trom premises red tO be Closed at night or on 80 herein orde! Sundays, Upon WHICa premises the Occrpuat thereof rosides, and novbing in this arucle contained spall be so construed ag to restrict the proprietor ur keeper of gardeus 1n which lager veer saall be keps trom seiliug lager beer, woen such garden ws situ- ated at jeast a quarter of a mile trom aay piace of puvlie worsoip and tae keeper thereof has been duly licensed. SC. 114, Whenever the party so licensed shall sell aud transfer the business and premises for which ® license saall fave been granted, such license may be assigned to such purchaser; pro- vided such purchaser shal! be approved by tue board 83 @ Droper person to be ilveased. SEC. lide Tne moneys received for license fees, and the finés provided for by this article, shall be, witain five days afver the receipt thereof paid into the city treasury, after deducting there:rom a per- centage not exceeding Qiteen per cent, which shalt be distribuied in the discretion of the board as sala- Ties ol its members and in paymené of the neceasary cierk hire, expenses and disbursements of board. Sec. 115 <Any person within the city of New York who pursues the usual business of selling liguor, Im quantities of leas than five gaions at one tue, and who shall omit to procure in hts sald business a license, ao- cording Lo the provisions of this act, sail become Mabie to pay a penalty of Ove dollars for each and every day of such omission. This penalty shall be enforced by the Bord cf Excise, whose duty 18 shali be to file an ioformation or to sue for sald nalty in the hame of the people before the mayor, nage, court or justice having jurisdiction of the ‘amount claimed. ‘Tne saia complains or informe- ion shall be beard and summarily tried in the nature of @ civil action, but without a jury, and in preference to ai] otaer then matters pending before the said officer, ‘ihe same may be defended by answer fortuwith, after service of the compaims or 1ulor- mation. In case of judgment being given agaist the party complained of or ia ormed againt execus on shail forciwiih issue against hts property, re- turnabie within twenty days, anu on return of suck execution, unsausied, an execation shai issue against ois person and he shali tnereapun be im- prisoned for @ period of six aays or until gach judge ment be paid. SEC. 116. Any licensed person who shall neglect or retuse to keep his place closed at nigat, as provided tor herein, or on Sundays or election days, shall fore feit, lor the first offence, the sum of twenty-ilve dol- lars; for the second offence, the sum of fifty dollars, aud, for every succeeding offence, the sum of $100, Complaint for such offence may be made by any per- son to tue Board of Excise, wuose daty it shall be immediately to proceed to we collection of said penalties in the manner specified in the preceding section, and enforee judgment rendered, ag m said secuion mentioned. it shail be the ea; duty of the police to compiain to the Board of Ex- cise of every person amenabie to the penalties aforesaid. And whenever any mempe) police force suall find a person licensed as@foresaied ne giecting to post his license as required by tnis act, or not Keeping hus piace closed at night or on Sun- days or election days, it shall be his duty to inform such person of such omission or commission, and if he persists in so omscling or committing, then, as 8000 aS possible to make the proper compial to the Board of Excise, SEC, 117. Breaches of the peace, offences and acts of disorderly persons, or disorderly conduct occur- ring within places wherein liquor is sold snail be 0b} judges, courts of law and juries strictly constr and presumed against che person go oifending. Suc. 118. The word liquor in this ardacie shall em. brace all strong, spiritous and intoxicating Liquors, wines, ales, mait beer and iager beer. ARTICLE THIRTEENTH. Of the Department of Public Parks. Seo. 119. The Department of Public Parks shah control and wanaye aii public parks and puoue places above Caual street wuicl are of the realty of the city of New York, with such duties conpected therewith as have been or shall be imposed upon it trom time to time by the ordinances of the Common Council or the laws of the Stace. Sec 120. This department shall be under the charge of a board of coutrol, to consist of ten mem- bers, two of whom shal) be the vomptroiier of tne city and Presideat of the Board of Public Works, Tne present Commissioners of the Central Park are hereby declared to be members of such board, for the residue of thelr present terms of office and until others are sangotaten in their stead, Seo. 121. Each member of this Board of Publio Parks shall receive the same compensation aud salary for thelr services as now provided oy law im respect to Commissioners and Comptroiler of tae existing Board of Commissioners of Central estabiisned by chapter 714 of thelaws of 1867 ans acts amendatory thereof. Suc. 122, All gh dgerd of law which provide for the matntenaoce and government of Centras Park, and grant powers and devolve duties upon the Commissioners of the Central Park, shall apply to the Department of Parks herevy estabiisned, ex- cept that moneys expended by it shall be expendea in the mode uniform to ail other departments. ‘SEC. 123. Within ten days after tne organization of the Department of Public Parks, hereby create: itanall be the duty of the board to file with the Clerk of the Common Council the ordinances now existing in reiation to Central Park, aud the same shall, within ten days subsequently to such filing, be adopted oy the Common Council as part of the ordt- nances of the city, ARTICLE FOURTEENTH. Of the Department of Buildings. Sno, 124. There shall be a department oalled Le “Department of Buildings,” the culel umicer which shall be called the “superintendent of Build- ings.” Tne powers and duties of said departmeas, its officers and employ ésand subordinates shall cous tinne ag now authorized by special laws (except aa moartied or repealed by this act), In relauion to we Superintendent of Pubitc Butidings; but the Supers intendent of Public Buildings now 1n omce under sald special laws, and his department as existun: thereunder, is hereby transicrrea vo and made u department authorized vy this act. Sec. 125, Whenever in any act the words “‘Super- intendent of Public Buildings” shall occur, apple cule to the cliy of New York, the same shall 06 taken to mean the Superintendent of Buildings herein authorized, ARTICLE FIFTEENTH. Of the Depurtment of Educations Suc. 126. The Department of Education shalt re- Mau and contiuue, put subject to the fiscal provi~ sions Of this act, as the said department is NOW or. ganized, defined, reguiated and established by special saws applicable to We city of New York. ARTICLE SIXTEENTH General Provisions, Powers aud Limitations. Sxo. 127. A majority of each board in any depart. ment of ‘the city government shall consttuve = quoram to perform any act authorized to said de~ partment, and each board may choose, in its own pleasure, a president from its members to preside at board meetings, and a cnief clerk. Any ofticial act ola poard may Ne attested by sald president aud chief clerk. ‘Sxo. 128. No expense shall be incurred by any of the departments or olilcers thereol, wheter the ob- Jeet of expenditure shali have been ordered by the Common Council or not, unless an appropriation shall have bven previously made covering sucb ex- nse. bay 17 129. Whatever provisions and regulations other than those herein specially apna may vecome requisite for the futier orgazaubn, perlect ing and carrying ous of the powers and duties Ries scrived to any department by Unis act, wey oe oe provided tor by ordinance Of the Common Cquacl,